Unit 2 Legal: Lesson 4 Legal Issues With Contraband PDF

Summary

This document details legal issues related to contraband within correctional facilities. It explains why contraband is a problem, outlining how it poses a threat to staff, the public, and inmates by increasing violence, crime, and enabling criminal activity. It identifies items categorized as contraband, and explains procedures for managing and disposing of confiscated contraband. 

Full Transcript

Unit 2 Legal Lesson 4 Legal Issues With Contraband Lesson Goal You will be able to recognize contraband and react to it appropriately. Think About This Contraband in a correctional facility is often hard to define. Is a bed sheet contraband? Is a fork contraband? Are clothes contraband? The s...

Unit 2 Legal Lesson 4 Legal Issues With Contraband Lesson Goal You will be able to recognize contraband and react to it appropriately. Think About This Contraband in a correctional facility is often hard to define. Is a bed sheet contraband? Is a fork contraband? Are clothes contraband? The short and confusing answer is, “It depends.” This les- son will explain how to tell the difference and what your legal responsibilities are in relation to contraband. You may recall from earlier that contraband is any unauthorized article or any authorized article in excessive quantities or altered from its intended purpose. Contraband may include anything, no matter how harmless it may appear. Contraband may be hidden in plain sight. In certain situa- tions, bed sheets, forks, and clothes are perfectly fine for inmates to possess. In other situations, they are considered contraband. ✅ CO124.1. Understand why contraband is a problem The presence of contraband in correctional facilities is an ongoing problem in prison systems world- wide. Contraband places everyone in danger, including prison staff; the public; and the inmates who are trying to stay out of trouble, do their time, and go home. Contraband has the potential to increase violence, to increase crime, and to provide wealth and power to inmates. For example, inmates can use cell phones to help smuggle in drugs and weapons, organize attempts to escape, and order crimes to be committed inside or outside of correctional facilities. ✅ CO124.2. Know what items are regarded as contraband Items identified as contraband in correctional facilities in ss. 944.47 and 951.22, F.S., include currency or coins, tobacco products, controlled substances, non-prescribed drugs of any kind or nature, articles of food or clothing that have been altered or are in excessive quantity, firearms or danger- ous weapons, cell phones or portable communication devices, or any items used to aid or make an escape. The purpose of limiting items in a correctional facility is to maintain internal order, security, and discipline. ✅ CO124.3. Know how the Florida Model Jail Standards address managing contraband Section 951.22, F.S., along with the Florida Model Jail Standards (FMJS), provides authority to county facilities to establish policies and procedures relating to contraband. The FMJS provide for a facility’s officer in charge to list articles or items that inmates are allowed to have. All other items 28 / Florida Basic Recruit Training Program (CO): Volume 1 they have are considered contraband. A facility’s inmate handbook generally includes information about acceptable items. ✅ CO124.4. Understand how contraband is brought into or removed from a facility The introduction of contraband is the introduction, taking, or sending of articles defined as contra- band into a correctional facility; it is a felony crime as defined by s. 944.47, F.S. The attempted introduction of contraband is also punishable under this statute. Be aware that anyone may introduce contraband into a facility. This may include attorneys, visi- tors, contractors, and even staff. Other law enforcement agencies may also introduce contraband either intentionally or inadvertently into a facility, for example, during intake or while responding to the death of an inmate. ✅ CO124.5. Dispose of contraband properly Confiscated contraband may be destroyed, converted, or reused, according to ss. 932.704 and 932.7055, F.S. Depending on your agency’s policies and procedures, contraband may be destroyed by flushing, incinerating, or compacting. Consumable items, such as food, drink, or any item that may be tampered with, should be destroyed. Certain items may be converted for inmate trust funds or charity as designated by the agency. Reusable items are only non-consumable items issued by the facility that may be returned to supply, for example, linens, clothing, books, pens, or mail supplies. The disposition of contraband must be documented. Contraband may also be designated as evidence and require holding for use in a disciplinary hear- ing or criminal case. Chapter 1 Introduction to Corrections / 29

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