Title 42, Chapter 4, Section 13
( 42-4-13)
(a) As used in this Code section, the term: (1) "Alcoholic beverage" means and includes all alcohol, distilled
spirits, beer, malt beverage, wine, or fortified wine. (2) "Controlled substance" means a drug, substance, or immediate precursor as defined in Code Section 16-13-21. (3) "Dangerous drug" has the same meaning as defined by Code Section 16-13-71. (4) "Jail" means any county jail, municipal jail, or any jail or
detention facility operated by a county, municipality, or a
regional jail authority as authorized under Article 5 of this
chapter. (5) "Jailer" means the sheriff in the case of any county jail, or
the chief of police if the jail is under the supervision of the
chief of police of a municipality, or the warden, captain,
administrator, superintendent, or other officer having supervision
of any other jail, or the designee of such officer. (b)(1) It shall be unlawful for an inmate of a jail to possess any
controlled substance, dangerous drug, gun, pistol, or other
dangerous weapon or marijuana. (2) Any person who violates paragraph (1) of this subsection shall
be guilty of a felony and, upon conviction thereof, shall be
imprisoned for not less than one nor more than five years. (3) Notwithstanding the provisions of this subsection, possession of a controlled substance, a dangerous drug, or marijuana shall be punished as provided in Chapter 13 of Title 16; provided, however, that the provisions of Code Section 16-13-2 shall not apply to a violation of paragraph (1) of this subsection. (4) The provisions of this subsection shall not prohibit the
lawful use or dispensing of a controlled substance or dangerous
drug to an inmate with the knowledge and consent of the jailer
when such use or dispensing is lawful under the provisions of
Chapter 13 of Title 16. (c)(1) Unless otherwise authorized by law, it shall be unlawful
for an inmate of a jail to possess any alcoholic beverage. (2) Any person who violates paragraph (1) of this subsection shall
be guilty of a misdemeanor. (d)(1)(A) It shall be unlawful for any person to come inside the
guard lines established at any jail with, or to give or have
delivered to an inmate of a jail, any controlled substance,
dangerous drug, marijuana, or any gun, pistol, or other
dangerous weapon without the knowledge and consent of the jailer
or a law enforcement officer. (B) It shall be unlawful for any person to come inside the guard
lines established at any jail with, or to give or have delivered
to an inmate of a jail, any alcoholic beverage without the
knowledge and consent of the jailer or a law enforcement
officer; provided, however, that the provisions of this
subsection shall not apply to nor prohibit the use of an
alcoholic beverage by a clergyman or priest in sacramental
services only. (2) Except as otherwise provided in paragraph (3) of this
subsection, any person who violates subparagraph (A) of paragraph
(1) of this subsection shall be guilty of a felony and, upon
conviction thereof, shall be imprisoned for not less than one nor
more than five years. Any person who violates subparagraph (B) of
paragraph (1) of this subsection shall be guilty of a misdemeanor. (3) Notwithstanding the provisions of paragraph (2) of this subsection, the possession, possession with intent to distribute, trafficking, or distribution of a controlled substance or marijuana shall be punished as provided in Chapter 13 of Title 16; provided, however, that the provisions of Code Section 16-13-2 shall not apply to a violation of subparagraph (A) of paragraph (1) of this subsection. (e) It shall be unlawful for any person to obtain, to procure for,
or to give to an inmate, or to bring within the guard lines, any
other article or item without the knowledge and consent of the
jailer or a law enforcement officer. Any person violating this
subsection shall be guilty of a misdemeanor. (f)(1) It shall be unlawful for any person to come inside the
guard lines or be within any jail while under the influence of a
controlled substance, dangerous drug, or marijuana without the
knowledge and consent of the jailer or a law enforcement officer
unless such person has a valid prescription for such controlled
substance or dangerous drug issued by a person licensed under
Chapter 11 or 34 of Title 43 and such prescribed substance is
consumed only as authorized by the prescription. Any person
convicted of a violation of this subsection shall be punished by
imprisonment for not less than one nor more than four years. (2) It shall be unlawful for any person to come inside the guard
lines or be within any jail while under the influence of alcohol
without the knowledge and consent of the jailer or a law
enforcement officer. Any person violating this subsection shall
be guilty of a misdemeanor. (g) It shall be unlawful for any person to loiter where inmates are
assigned after having been ordered by the jailer or a law
enforcement officer to desist therefrom. Any person violating this
subsection shall be guilty of a misdemeanor. (h) It shall be unlawful for any person to attempt, conspire, or
solicit another to commit any offense defined by this Code section
and, upon conviction thereof, shall be punished by imprisonment not
exceeding the maximum punishment prescribed for the offense, the
commission of which was the object of the attempt, conspiracy, or
solicitation. (i) Any violation of this Code section shall constitute a separate
offense. (j) Perimeter guard lines shall be established at every jail by the
jailer thereof. Such guard lines shall be clearly marked by signs
on which shall be plainly stamped or written: "Guard line of
__________." Signs shall also be placed at all entrances and exits
for vehicles and pedestrians at the jail and at such intervals along
the guard lines as will reasonably place all persons approaching the
guard lines on notice of the location of the jail. |