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Senate advances bill restricting inmate access to some publications; debate narrows on statutory definition
Summary
Senate Bill 263 would bar certain commercially published sexually explicit material from being distributed to inmates; sponsors said the bill mirrors federal court precedent, and senators probed statutory definitions and practical enforcement.
The Utah Senate took up Senate Bill 263 on Feb. 25, 2000, a measure that would restrict distribution of commercially published sexually explicit material to inmates in prisons, jails and community correction centers. Sponsors said the measure mirrors federal precedent and is intended to prevent exploitation and the use of publications to solicit business from inmates.
Senator Mont Evans, the floor sponsor, said the bill prohibits delivery of commercial sexually explicit material through the mail or other delivery methods to correctional facilities and that the bill tracks federal case law supporting such restrictions. During questioning senators asked for exact statutory language and sought clarification about the statutory definition of "sexually explicit" used in the bill; floor discussion identified a section that defines the term to include depictions where genitalia or female breasts are exposed.
Supporters emphasized institutional order and aligning correctional rules with federal standards; some senators signaled the need for precise drafting to avoid unintended exclusions and to protect legitimate investigative or licensing work by private investigators. The bill was moved to the third-reading calendar for further consideration and final passage.
Why this matters: the bill addresses access to materials in correctional settings, balancing First Amendment considerations against institutional security and inmate-safety concerns; reference to federal precedent (Anatel v. Reno) was used to justify the state‑level restriction.
What happens next: sponsors and interested senators indicated they would refine definitions and exemptions so that licensed investigators and certain institutional actors would not be improperly blocked from necessary reports; the measure proceeded to the third-reading calendar.
Quote: "This provision would effectively ban [sexually explicit material] in the correctional facilities. It mirrors a federal provision...Anatel versus, Reno," Senator Mont Evans said on the floor.
Ending: SB 263 advanced to the third-reading calendar after floor discussion about statutory scope and definitions; further amendments and clarifications were anticipated.
