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House passes bill increasing penalties for contraband in state correctional facilities amid debate over vagueness
Summary
Senate Bill 59 revises criminal classifications for delivery and possession of unauthorized items in correctional facilities, adding explicit penalties for cell phones, weapons and certain deliveries. Supporters said it protects staff and inmates; critics called parts too broad or premature while system problems remain.
The House approved Senate Bill 59, which revises penalties related to delivery, possession with intent to deliver and possession of unauthorized articles in state correctional facilities.
The bill clarifies and expands the list of prohibited items, sets specific felony classifications for offenses such as possession of cell phones and delivery of weapons, and updates statutory language to align with Department of Corrections policies, according to the sponsor.
Representative Bob Wahlberg, speaking for the bill, said the proposals came from investigations and testimony presented to the Attorney General’s office and were aimed at protecting corrections staff and residents. “Being in possession of these communication devices should be held at a high regard for the safety of the staff and those that are at the facility,” Wahlberg said.
The bill revises statutory sections to explicitly prohibit possession of alcohol and marijuana (a class 6 felony), possession of cell phones and other electronic communications devices (added as a class 4 felony), delivery of prescription and nonprescription drugs not authorized by the facility (class 6 felony), and delivery of dangerous weapons to an inmate (class 2 felony). It also adds a new subsection making possession of unauthorized articles not prescribed by statute a class 6 felony.
Several lawmakers questioned the scope and potential consequences of raising penalties. Representative Marty Overweg asked whether a person coerced into concealing a weapon could face the elevated penalty. Wahlberg acknowledged the possibility while noting prosecutorial discretion and investigative tools could affect charges.
Representative Cory Poirier called subsection 5 — criminalizing possession of “any article not prescribed by this section that is not provided by or authorized by the facility” — a “catchall” and too vague to merit class 6 felony exposure without clearer definitions.
Supporters, including Representative Jim Halverson, described operational problems that make contraband a real safety threat and said staff involvement in smuggling has been documented in some cases. Halverson argued tougher penalties may deter staff misconduct and help reduce violent incidents.
Representative Dean Goodwin urged the Legislature to examine larger systemic issues behind the state’s incarceration rate and facility operations, and warned that harsher sentences could have severe life consequences for people already serving time.
The House recorded 47 ayes and 23 nays on final passage and declared the bill passed. The sponsor asked members to consider amendments in the future if implementation revealed unintended consequences.
