HF327

Purpose

The bill targets the security of jails, lockups, and correctional facilities by increasing penalties for bringing in or possessing contraband, and for bringing in or possessing dangerous weapons on the facility grounds.

Main Provisions

• Scope: Applies to contraband and dangerous weapons introduced into, or possessed within, jails, lockups, or correctional facilities, including the grounds of those facilities (as defined in Minnesota law).
• Contraband (non-dangerous items):
  • If someone introduces or causes the introduction of contraband without the consent of the person in charge, or if someone is found in possession of contraband while inside the facility or on the grounds, the person is guilty of a gross misdemeanor.
  • If someone introduces or causes the introduction of contraband without the consent of the person in charge, the person is guilty of a felony and may be sentenced to up to 2 years in prison.
• Dangerous weapons:
  • If someone introduces or causes the introduction of a dangerous weapon without the consent of the person in charge, or is found in possession of a dangerous weapon within the facility or on the grounds, the person is guilty of a felony and may be sentenced to up to 5 years in prison.

Significance and Change to Existing Law

• The bill strengthens penalties for contraband by creating a higher-penalty pathway (felony up to 2 years) when there is no consent from the person in charge, and it codifies harsher penalties for dangerous weapons (felony up to 5 years) brought into these facilities.
• It clarifies that possession of contraband or dangerous weapons on facility grounds is punishable, and it ties the offenses to the consent requirement of the facility’s administrator or person in charge.

How Penalties Are Assigned

• Contraband:
  • Gross misdemeanor for general cases (including possession inside or on grounds with no consent or other qualifying conditions).
  • Felony up to 2 years if contraband is introduced without the consent of the person in charge.
• Dangerous weapons:
  • Felony up to 5 years for introduction or possession on facility grounds without consent.

Affected Entities

• Jail, lockup, and correctional facilities, and their grounds, as defined by Minnesota statutes.

Relevant Terms contraband, jail, jail facility, lockup, correctional facility, grounds, consent, person in charge, gross misdemeanor, felony, two years, five years, dangerous weapon, Minnesota Statutes 2024, section 641.165, subdivision 2, section 241.021 subdivision 1, 609.02 subdivision 6, introduction, possession, contraband definition.