State Codes and Statutes

Statutes > Kansas > Chapter21 > Article38 > Statutes_11968

21-3826

Chapter 21.--CRIMES AND PUNISHMENTS
PART II.--PROHIBITED CONDUCT
Article 38.--CRIMES AFFECTING GOVERNMENTAL FUNCTIONS

      21-3826.   Traffic in contraband in a correctionalinstitution.(a) Traffic in contraband in a correctionalinstitution or care and treatment facility is introducing orattempting to introduce into or upon the grounds of anycorrectional institution or care and treatment facility ortaking, sending, attempting to take or attempting to send from anycorrectionalinstitution or care and treatment facility or any unauthorizedpossession while in any correctional institution or care and treatmentfacility or distributing within any correctional institution or care andtreatment facility, any item without the consent of theadministrator of the correctional institution or care and treatmentfacility.

      (b)   For purposes of this section:

      (1)   "Correctional institution" means any statecorrectional institution or facility, conservation camp,juvenile correctional facility, communitycorrection center or facility fordetention or confinement, juvenile detention facility or jail.

      (2)   "Care and treatment facility" meansthe state security hospital provided for under K.S.A. 76-1305 et seq., andamendments thereto, and a facility operated by the department of social andrehabilitation services for the purposes provided for under K.S.A. 59-29a02 etseq., and amendments thereto.

      (c) (1)   Traffic in contraband in a correctional institutionor care and treatment facility of firearms,ammunition, explosives or a controlled substance which is defined inK.S.A. 2009 Supp. 21-36a01, and amendments thereto, is a severity level5, nonperson felony. This paragraph shall not apply to the possession of afirearm or ammunition by a person licensed under the personal and familyprotection act, K.S.A. 75-7c01 et seq., and amendments thereto, in a parkinglot open to the public if the firearm or ammunition is carried on the personwhile in a vehicle or while securing the firearm or ammunition in the vehicle,or stored out of plain view in a locked but unoccupied vehicle.

      (2)   Traffic in any contraband, as defined by rules and regulations adoptedby the secretary, in a correctional institution by an employee of acorrectional institution is a severity level 5, nonperson felony.

      (3)   Traffic in any contraband, as defined by rules and regulations adoptedby the secretary of social and rehabilitation services, in a care and treatmentfacility by an employee of a care and treatment facility is a severity level 5,nonperson felony.

      (d)   Except as provided in subsection (c), traffic in contraband in acorrectional institution or care and treatment facilityis a severity level 6, nonperson felony.

      History:   L. 1969, ch. 180, § 21-3826; L. 1970, ch. 127,§ 1;L. 1992, ch. 298, § 58;L. 1993, ch. 291, § 117;L. 1997, ch. 179, § 2;L. 1997, ch. 179, § 3;L. 2009, ch. 88, § 1;L. 2009, ch. 143, § 10; July 1.

State Codes and Statutes

Statutes > Kansas > Chapter21 > Article38 > Statutes_11968

21-3826

Chapter 21.--CRIMES AND PUNISHMENTS
PART II.--PROHIBITED CONDUCT
Article 38.--CRIMES AFFECTING GOVERNMENTAL FUNCTIONS

      21-3826.   Traffic in contraband in a correctionalinstitution.(a) Traffic in contraband in a correctionalinstitution or care and treatment facility is introducing orattempting to introduce into or upon the grounds of anycorrectional institution or care and treatment facility ortaking, sending, attempting to take or attempting to send from anycorrectionalinstitution or care and treatment facility or any unauthorizedpossession while in any correctional institution or care and treatmentfacility or distributing within any correctional institution or care andtreatment facility, any item without the consent of theadministrator of the correctional institution or care and treatmentfacility.

      (b)   For purposes of this section:

      (1)   "Correctional institution" means any statecorrectional institution or facility, conservation camp,juvenile correctional facility, communitycorrection center or facility fordetention or confinement, juvenile detention facility or jail.

      (2)   "Care and treatment facility" meansthe state security hospital provided for under K.S.A. 76-1305 et seq., andamendments thereto, and a facility operated by the department of social andrehabilitation services for the purposes provided for under K.S.A. 59-29a02 etseq., and amendments thereto.

      (c) (1)   Traffic in contraband in a correctional institutionor care and treatment facility of firearms,ammunition, explosives or a controlled substance which is defined inK.S.A. 2009 Supp. 21-36a01, and amendments thereto, is a severity level5, nonperson felony. This paragraph shall not apply to the possession of afirearm or ammunition by a person licensed under the personal and familyprotection act, K.S.A. 75-7c01 et seq., and amendments thereto, in a parkinglot open to the public if the firearm or ammunition is carried on the personwhile in a vehicle or while securing the firearm or ammunition in the vehicle,or stored out of plain view in a locked but unoccupied vehicle.

      (2)   Traffic in any contraband, as defined by rules and regulations adoptedby the secretary, in a correctional institution by an employee of acorrectional institution is a severity level 5, nonperson felony.

      (3)   Traffic in any contraband, as defined by rules and regulations adoptedby the secretary of social and rehabilitation services, in a care and treatmentfacility by an employee of a care and treatment facility is a severity level 5,nonperson felony.

      (d)   Except as provided in subsection (c), traffic in contraband in acorrectional institution or care and treatment facilityis a severity level 6, nonperson felony.

      History:   L. 1969, ch. 180, § 21-3826; L. 1970, ch. 127,§ 1;L. 1992, ch. 298, § 58;L. 1993, ch. 291, § 117;L. 1997, ch. 179, § 2;L. 1997, ch. 179, § 3;L. 2009, ch. 88, § 1;L. 2009, ch. 143, § 10; July 1.


State Codes and Statutes

State Codes and Statutes

Statutes > Kansas > Chapter21 > Article38 > Statutes_11968

21-3826

Chapter 21.--CRIMES AND PUNISHMENTS
PART II.--PROHIBITED CONDUCT
Article 38.--CRIMES AFFECTING GOVERNMENTAL FUNCTIONS

      21-3826.   Traffic in contraband in a correctionalinstitution.(a) Traffic in contraband in a correctionalinstitution or care and treatment facility is introducing orattempting to introduce into or upon the grounds of anycorrectional institution or care and treatment facility ortaking, sending, attempting to take or attempting to send from anycorrectionalinstitution or care and treatment facility or any unauthorizedpossession while in any correctional institution or care and treatmentfacility or distributing within any correctional institution or care andtreatment facility, any item without the consent of theadministrator of the correctional institution or care and treatmentfacility.

      (b)   For purposes of this section:

      (1)   "Correctional institution" means any statecorrectional institution or facility, conservation camp,juvenile correctional facility, communitycorrection center or facility fordetention or confinement, juvenile detention facility or jail.

      (2)   "Care and treatment facility" meansthe state security hospital provided for under K.S.A. 76-1305 et seq., andamendments thereto, and a facility operated by the department of social andrehabilitation services for the purposes provided for under K.S.A. 59-29a02 etseq., and amendments thereto.

      (c) (1)   Traffic in contraband in a correctional institutionor care and treatment facility of firearms,ammunition, explosives or a controlled substance which is defined inK.S.A. 2009 Supp. 21-36a01, and amendments thereto, is a severity level5, nonperson felony. This paragraph shall not apply to the possession of afirearm or ammunition by a person licensed under the personal and familyprotection act, K.S.A. 75-7c01 et seq., and amendments thereto, in a parkinglot open to the public if the firearm or ammunition is carried on the personwhile in a vehicle or while securing the firearm or ammunition in the vehicle,or stored out of plain view in a locked but unoccupied vehicle.

      (2)   Traffic in any contraband, as defined by rules and regulations adoptedby the secretary, in a correctional institution by an employee of acorrectional institution is a severity level 5, nonperson felony.

      (3)   Traffic in any contraband, as defined by rules and regulations adoptedby the secretary of social and rehabilitation services, in a care and treatmentfacility by an employee of a care and treatment facility is a severity level 5,nonperson felony.

      (d)   Except as provided in subsection (c), traffic in contraband in acorrectional institution or care and treatment facilityis a severity level 6, nonperson felony.

      History:   L. 1969, ch. 180, § 21-3826; L. 1970, ch. 127,§ 1;L. 1992, ch. 298, § 58;L. 1993, ch. 291, § 117;L. 1997, ch. 179, § 2;L. 1997, ch. 179, § 3;L. 2009, ch. 88, § 1;L. 2009, ch. 143, § 10; July 1.