Section: 221.0111 Beginning January 1, 2017--Delivery or concealment on premises of narcotics, liquor, or prohibited articles, penalties--visitation denied, when--personal items permitted to be posted. RSMO 221.111


Published: 2015

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
Missouri Revised Statutes













Chapter 221

Jails and Jailers

←221.105

Section 221.111.1

221.111→

August 28, 2015

Beginning January 1, 2017--Delivery or concealment on premises of narcotics, liquor, or prohibited articles, penalties--visitation denied, when--personal items permitted to be posted.

221.111. 1. A person commits the offense of possession of unlawful

items in a prison or jail if such person knowingly delivers, attempts to

deliver, possesses, deposits, or conceals in or about the premises of any

correctional center as the term "correctional center" is defined under

section 217.010, or any city, county, or private jail:



(1) Any controlled substance as that term is defined by law, except

upon the written prescription of a licensed physician, dentist, or

veterinarian;



(2) Any other alkaloid of any kind or any intoxicating liquor as the

term intoxicating liquor is defined in section 311.020;



(3) Any article or item of personal property which a prisoner is

prohibited by law, by rule made pursuant to section 221.060, or by

regulation of the department of corrections from receiving or possessing,

except as herein provided;



(4) Any gun, knife, weapon, or other article or item of personal

property that may be used in such manner as to endanger the safety or

security of the institution or as to endanger the life or limb of any

prisoner or employee thereof.



2. The violation of subdivision (1) of subsection 1 of this section

shall be a class D felony; the violation of subdivision (2) of this section

shall be a class E felony; the violation of subdivision (3) of this section

shall be a class A misdemeanor; and the violation of subdivision (4) of

this section shall be a class B felony.



3. The chief operating officer of a county or city jail or other

correctional facility or the administrator of a private jail may deny

visitation privileges to or refer to the county prosecuting attorney for

prosecution any person who knowingly delivers, attempts to deliver,

possesses, deposits, or conceals in or about the premises of such jail or

facility any personal item which is prohibited by rule or regulation of

such jail or facility. Such rules or regulations, including a list of

personal items allowed in the jail or facility, shall be prominently posted

for viewing both inside and outside such jail or facility in an area

accessible to any visitor, and shall be made available to any person

requesting such rule or regulation. Violation of this subsection shall be

an infraction if not covered by other statutes.



4. Any person who has been found guilty of a violation of subdivision

(2) of subsection 1 of this section involving any alkaloid shall be

entitled to expungement of the record of the violation. The procedure to

expunge the record shall be pursuant to section 610.123. The record of any

person shall not be expunged if such person has been found guilty of

knowingly delivering, attempting to deliver, possessing, depositing, or

concealing any alkaloid of any controlled substance in or about the

premises of any correctional center, or city or county jail, or private

prison or jail.



(L. 1986 S.B. 450 § 221.110, A.L. 1997 S.B. 89 merged with S.B. 218,

A.L. 2009 S.B. 44, A.L. 2014 S.B. 491)



Effective 1-01-17





2009

1997



2009



221.111. 1. No person shall knowingly deliver, attempt to deliver, have

in such person's possession, deposit or conceal in or about the premises of

any county or private jail or other county correctional facility:



(1) Any controlled substance as that term is defined by law, except upon

the written prescription of a licensed physician, dentist, or veterinarian;



(2) Any other alkaloid of any kind or any spiritous or malt liquor;



(3) Any article or item of personal property which a prisoner is

prohibited by law or rule made pursuant to section 221.060 from receiving or

possessing, except as herein provided;



(4) Any gun, knife, weapon, or other article or item of personal

property that may be used in such manner as to endanger the safety or

security of the institution or as to endanger the life or limb of any

prisoner or employee thereof.



2. The violation of subdivision (1) of subsection 1 of this section shall

be a class C felony; the violation of subdivision (2) of this section shall

be a class D felony; the violation of subdivision (3) of this section shall

be a class A misdemeanor; and the violation of subdivision (4) of this section

shall be a class B felony.



3. The chief operating officer of a county jail or other county

correctional facility or the administrator of a private jail may deny

visitation privileges to or refer to the county prosecuting attorney for

prosecution any person who knowingly delivers, attempts to deliver, has in

such person's possession, deposits or conceals in or about the premises of

such jail or facility any personal item which is prohibited by rule or

regulation of such jail or facility. Such rules or regulations, including a

list of personal items allowed in the jail or facility, shall be prominently

posted for viewing both inside and outside such jail or facility in an area

accessible to any visitor, and shall be made available to any person

requesting such rule or regulation. Violation of this subsection shall be an

infraction if not covered by other statutes.



1997



221.111. 1. No person shall knowingly deliver, attempt to deliver,

have in such person's possession, deposit or conceal in or about the

premises of any county jail or other county correctional facility:



(1) Any controlled substance as that term is defined by law, except

upon the written prescription of a licensed physician, dentist, or

veterinarian;



(2) Any other alkaloid of any kind or any spiritous or malt liquor;



(3) Any article or item of personal property which a prisoner is

prohibited by law or rule made pursuant to section 221.060 from receiving

or possessing, except as herein provided;



(4) Any gun, knife, weapon, or other article or item of personal

property that may be used in such manner as to endanger the safety or

security of the institution or as to endanger the life or limb of any

prisoner or employee thereof.



2. The violation of subdivision (1) of subsection 1 of this section

shall be a class C felony; the violation of subdivision (2) of this section

shall be a class D felony; the violation of subdivision (3) of this section

shall be a class A misdemeanor; and the violation of subdivision (4) of

this section shall be a class B felony.



3. The chief operating officer of a county jail or other county

correctional facility may deny visitation privileges to or refer to the

county prosecuting attorney for prosecution any person who knowingly

delivers, attempts to deliver, has in such person's possession, deposits or

conceals in or about the premises of such jail or facility any personal

item which is prohibited by rule or regulation of such jail or facility.

Such rules or regulations, including a list of personal items allowed in

the jail or facility, shall be prominently posted for viewing both inside

and outside such jail or facility in an area accessible to any visitor, and

shall be made available to any person requesting such rule or regulation.

Violation of this subsection shall be an infraction if not covered by other

statutes.



Top



Missouri General Assembly



Copyright © Missouri Legislature, all rights reserved.

Related Laws