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Bill would criminalize possession of contraband in prison, expand penalties for assaults with bodily fluids and add drone prohibitions; prosecutors, corrections
Summary
House Bill 702 would redefine illegal articles in correctional settings to criminalize possession as well as transfer, add a prohibition on drones over facilities to aid investigations, and raise penalties for assaults with bodily fluids in prison. The Department of Justice and corrections officials supported the measures at committee testimony.
Representative Carrie Seacens Crowe opened the hearing on House Bill 702 by describing recurring problems with contraband deliveries and surveillance via drones at Montana correctional facilities. She said other states have criminalized drone flights over prisons to stem deliveries of contraband and the bill would allow law enforcement to pursue investigations.
The bill also seeks to change the existing criminal provision that makes transfer of illegal articles to an inmate a felony by making possession of enumerated illegal items a crime in itself. Representative Seacens Crowe urged the committee to specify common contraband such as drugs, cellular phones, and tobacco and to include a catchall for items barred by the facility.
Patrick Moody, assistant attorney general who prosecutes prison-based crimes statewide, told the committee the Department of Justice supports HB 702. He said drones have been observed over Montana facilities and, while a prosecutable case had not yet occurred, law enforcement currently lacks investigatory tools. Moody outlined a proposed amendment to make assault with bodily fluids a felony only inside state-prison settings (retaining misdemeanor status in local jails), citing repeated incidents in which correctional staff faced potential exposure to infectious materials.
Sheriff's-office representative Shane Heldenstabb (retired deputy) described the security risks when contraband circulates inside facilities and urged passage. Department witnesses and corrections staff said monitoring and criminal penalties are needed to reduce contraband markets inside prisons and protect staff from repeated assaults and potential disease exposure.
The bill would also close a technical "PFO donut hole": under current law, the persistent-felony-offender (PFO) enhancement is available only five years after a last felony conviction and five years after release, creating a gap for inmates who commit new crimes while still in custody. Proponents said HB 702 would address that inconsistency.
Committee members asked whether changing penalties would have deterrent effect; Patrick Moody said in his experience higher penalties can meaningfully affect repeat offenders who assault staff. No formal committee action took place following testimony.
Testimony was uniformly in favor from corrections and prosecution witnesses; the committee asked staff to work through drafting and the sponsor signaled a friendly amendment would be offered.
