§402. Contraband defined; certain activities regarding contraband in correctional facilities prohibited; penalty; disposition of seized contraband

            A. No person shall introduce or attempt to introduce contraband into or upon the grounds of any correctional facility.

            B. No person shall possess contraband upon the grounds of any correctional facility.

            C. No person shall send, or give or attempt to give, contraband to an inmate of any correctional facility.

            D. "Contraband" as used in this Section means:

            (1) Any controlled dangerous substance as defined in R.S. 40:961 et seq., or any other drug or substance that if taken internally, whether separately or in combination with another drug or substance, produces or may produce a hypnotic effect, including nasal inhalators of any variety, sleeping pills, or barbiturates of any variety. The introduction or attempt of introduction by a person of any controlled dangerous substance as defined in R.S. 40:961 et seq. upon the grounds of any correctional facility shall constitute distribution of that controlled dangerous substance and shall be subject to the penalties provided in R.S. 40:961 et seq. The provisions of this Paragraph shall not apply to a drug or substance that has been prescribed by a physician, if the drug or substance is in a container issued by the pharmacy or other place of dispensation; the container identifies the prescription number, prescribing physician, and issuing pharmacist or other person; and the container is not concealed upon the body of the person.

            (2) A dangerous weapon, or other instrumentality customarily used or intended for probable use as a dangerous weapon or to aid in an escape, unless authorized by the warden of the facility or his designee.

            (3) Explosives or combustibles, unless authorized by the warden of the facility or his designee.

            (4) Plans for the making or manufacturing of a dangerous weapon or other instrumentality customarily used or intended for probable use as a dangerous weapon or to aid in an escape, or for the making or manufacturing of explosives or combustibles, or for an escape from a facility, unless authorized by the warden of the facility or his designee.

            (5) An alcoholic beverage or other beverage which produces or may produce an intoxicating effect, unless authorized by the warden of the facility or his designee for employee residential housing areas. However, employee residential housing areas shall not include bachelor officer quarters located within the secure perimeter of the facility. A reasonably small amount of sacramental wine may be permitted by the warden or his designee to be brought onto the grounds of a correctional facility for use by a clergy member only as part of a religious service.

            (6) Stolen property.

            (7) Any currency or coin, unless authorized by the warden of the facility or his designee.

            (8) Any article of food, toiletries, or clothing, unless authorized by the warden of the facility or his designee.

            (9) Any telecommunications equipment or component hardware, including but not limited to cellular phones, pagers, beepers, global satellite system equipment, subscriber identity module (SIM) cards, portable memory chips, batteries, and chargers, whether or not such equipment may be intended for use in planning or aiding an escape or attempt to escape from any facility, unless authorized by the warden of the facility or his designee.

            (10) Any sketch, painting, drawing, or other pictorial rendering produced in whole or in part by a capital offender, unless authorized by the warden of the facility or his designee.

            (11) Any tobacco product as defined in R.S. 14:91.6, unless authorized by the warden of the facility or his designee.

            (12) Any equipment, whether professionally made or homemade, intended for use in tattooing.

            (13) Any electronic device including but not limited to computers, telephoto equipment, and communications equipment, whether modified or not.

            (14) Any hypodermic syringe, needle, or other object used or intended for use, or designed for use in injecting controlled dangerous substances into the human body.

            E. Repealed by Acts 2023, No. 302, §3.

            F. Any contraband which is seized may be destroyed, donated to a charitable organization, or put to lawful use within the facility, unless it is needed as evidence in a criminal prosecution. However, any money seized which is legal tender shall be placed in a fund at the facility at which the money was seized to be used solely for the purchase of contraband detection and escape chase team equipment. A record of the disposition of all contraband shall be maintained.

            G.(1) Whoever violates any provision of this Section shall be fined not less than five hundred dollars and not more than ten thousand dollars and shall be imprisoned with or without hard labor for not more than ten years. Notwithstanding any other law to the contrary, whoever introduces or attempts to introduce contraband as defined in Paragraph (D)(1) of this Section upon the grounds of any correctional facility shall be punished in accordance with the penalties for the distribution of the controlled dangerous substance provided in R.S. 40:961 et seq.

            (2) If the person who violates any provision of this Section is incarcerated in the correctional facility in which the contraband is introduced, possessed, or sent from, the sentence imposed pursuant to Paragraph (1) of this Subsection shall be served consecutively to the sentence the person was serving at the time the violation of this Section occurred.

            (3) Any fine collected under the provisions of this Subsection shall be placed in a fund located within the division of probation and parole to be used solely for the purchase of reentry services provided to offenders by the division of probation and parole.

            H. For purposes of this Section, "correctional facility" means any jail, prison, penitentiary, juvenile institution, temporary holding center, or detention facility.

            Added by Acts 1958, No. 269, §1. Amended by Acts 1966, No. 538, §1; Acts 1976, No. 241, §1; Acts 1977, No. 326, §1; Acts 1978, No. 731, §1; Acts 1980, No. 365, §1; Acts 1981, No. 282, §1; Acts 1986, No. 989, §1; Acts 1991, No. 191, §1; Acts 2004, No. 602, §1; Acts 2008, No. 102, §1; Acts 2010, No. 505, §1; Acts 2012, No. 727, §1; Acts 2012, No. 799, §1, eff. June 13, 2012; Acts 2013, No. 288, §1, eff. June 14, 2013; Acts 2018, No. 464, §1; Acts 2023, No. 302, §§1, 3.