31-231

31-231. Unauthorized communication with
prisoner; classification; definition

A. A person who is not authorized by law and who without legal or official
permission communicates with a prisoner who is within the custody and control of the
department is guilty of a class 2 misdemeanor.

B. For the purposes of this section, all prisoners who are detained within a
correctional facility or who are supervised in any program outside of a correctional
facility are within the custody and control of the department. This section does not
apply to prisoners who are on parole, community supervision, work release or home arrest
or who are under any other conditional release that does not involve direct and
continuous supervision by the department.

C. For the purposes of this section, "communication" means:

1. Any verbal or nonverbal communication that poses a direct threat to the safe and
secure operation of the department's institutions, programs or inmate labor work crews.

2. Any written communication that includes taking any unauthorized letter, writing,
literature or reading material to or from a prisoner who is within the custody and
control of the department.