5-14-3 Possession of Contraband in a Correctional Facility.

Whoever provides to an inmate of a correctional facility a prohibited object, or attempts to do so, or being an inmate of a correctional facility, makes, possesses or obtains or attempts to make or obtain, a prohibited object, shall be guilty of the crime of Possession of Contraband in a Correctional Facility.

1. As used in this section is “prohibited object” is as defined:
   1. a controlled substance contained in schedules I through IV, as defined in Section 5-28-1 through 5-28-7 of the Rosebud Sioux Tribe Law and Order Code;
   2. a firearm or destructive device, ammunition or any other weapon, or an object that is designed or altered so as to be used as a weapon, or to facilitate escape from a correctional facility;
   3. a controlled substance, other than a controlled substance referred to in subparagraph A of this section, or an alcoholic beverage;
   4. any U.S. currency;
   5. a phone, ipad, tablet or other device used by a user of commercial mobile service in connection with such service;
   6. or other object that threatens the order, discipline, or security of a correctional facility, or the life, health, or safety of an individual;
2. As used in this section, “correctional facility” is defined as a correctional, detention, or penal facility, or other facility in which person are held in custody by direction of the Tribal Courts, Tribal Prosecutors or law enforcement, or pursuant to a lawful arrest warrant,

Penalties.

Violations of paragraphs A or B of this section shall be punishable as a Class A offense.

Violations of paragraphs C, D, E, or F of this section shall be punishable as a Class B offense.

(History; Ordinance 2016-09, 5-14-3)