Under California law, it is a crime to take drugs into jails or prisons because of the significant risks drugs pose to the security, safety, and overall order of the correctional facilities. Correctional officers use various means to combat and prevent the smuggling of drugs into jails or prisons. Their measures include drug-detection dogs, surveillance, thorough searches, and efforts to stop staff corruption.

Drugs within jails or prisons could lead to several adverse effects, including addiction problems, inmate violence, and compromise of security. This could endanger the staff and inmates. You could face severe punishment under Penal Code § 4573 if you are guilty of taking drugs into a jail or prison. You should hire a competent criminal defense attorney if you face charges of smuggling drugs into a jail or prison. An attorney will review your case and help you create a solid defense to fight your charges.

Bringing Drugs Into a Jail or Prison Under California Law

According to California Penal Code 4573, it is a felony offense for any person to intentionally transport controlled substances or associated items into a jail or prison. It is also a felony under this statute to take drugs to a correctional facility without authorization.

A controlled substance is a chemical compound or drug subject to government control because of its potential for harm, addiction, or abuse. These regulations categorize controlled substances in classes or schedules. Each group shows the abuse potential of the substance and accepted medical applications. Unlawful substances like meth, heroin, and cocaine are classified as controlled substances. Certain chemicals that are used to produce illegal drugs are also controlled substances.

Controlled substances could include prescription medication like:

  • Sedatives like Xanax
  • Stimulants like Adderall
  • Opioids like oxycodone

Penal Code 4573 does not only govern individuals trying to smuggle drugs into jails and prisons from the outside. It also regulates those trying to introduce drugs into jail or prison after being arrested and put in jail. The purpose of this statute is to prevent the introduction of controlled substances into jails or prisons. This law does this regardless of whether you are in the process of being booked into the facility or are already there.

Penal Code 4573(b) demands that jails or prisons post precise details regarding drug rules and punishments at entrances. This transparency is essential since it helps people entering the jail or prison comprehend the rules and the penalties for violating them. The display is also an educational tool for visitors and the public. It serves as a powerful deterrent for any person contemplating smuggling contraband. The main aim of enforcing specific rules is to discourage people from engaging in unlawful acts in jail or prison.

People who try to sneak drugs into jails or prisons use various ways to escape detection, including:

  • Throwing drugs over jail walls or hiding them in cars near jails or prisons close to highways or roads
  • Dropping drugs within prison walls using drones
  • Making tunnels for covert access into jails or prisons, often used for smuggling drugs
  • Taking chances of inmates assigned to work outside prisons to smuggle drugs back inside
  • Collaborating with corrupt staff who ignore or help in smuggling drugs
  • Smuggling drugs through books, with drugs hidden in letters, through inmate mail, or other items sent to inmates
  • Smuggling drugs into jails or prisons during visitation by putting them in personal items, clothing, or on their body
  • Concealing drugs on their person, like shoes, undergarments, or clothing

Other Statutes That Cover Bringing Drugs In Jail Or Prison

The other laws that govern the smuggling of drugs into jails include:

Bringing Contraband Into Jail or Prison - Penal Code 4573.5

It is a crime under PC 4573.5 to smuggle drugs into correctional facilities, including county jails, state prisons, and other facilities under the authority of the Department of Corrections. According to Penal Code 4573.5, contrabands include:

  • Drugs other than controlled substances
  • Alcoholic beverages
  • Any equipment or tools intended for the illegal consumption or injection of non-controlled substances

This statute covers people intentionally smuggling the above items into jail or prison. The crucial elements for this crime are knowledge and intent. Taking these restricted items into jail or prison is only allowed when authorized by the governing rules, be it:

  • Under the explicit approval of the facility’s jailer, superintendent, warden, or the person in charge
  • The specific rules of the facility or prison
  • The Department of Corrections regulations

Additionally, PC 4573.5 imposes strict requirements for the visibility of prohibitions and punishments. It demands that jails or prisons display these rules and penalties at the facility’s entrance and perimeter. This ensures that people, including visitors, have information regarding the legal ramifications related to trying to bring drugs into jails or prisons.

Judges usually charge a violation of PC 4573.5 as a felony. You could face the following penalties if you are guilty of this offense:

  • A jail term of up to 16 months, two years, or three years in a state prison
  • Felony or formal probation

Bringing Alcohol Into Prison - Business and Professions Code 25603

You could face felony charges under BPC 25603 if you take alcoholic beverages to correctional facilities without lawful authorization. These facilities could include reformatories, city and county jails, state prisons, and surrounding grounds. You could face the following penalties for committing this offense:

  • Formal probation
  • A fine that does not exceed $10,000
  • A jail term that does not exceed three years

Alcohol at a Public Educational Institution - Business and Professions Code 25608

It is an offense under BPC 25608 to consume, deliver, sell, or possess alcoholic beverages within public school houses and their grounds. You could face misdemeanor charges if you are guilty of this crime. There are, however, specific exemptions under which using, possessing, or acquiring alcoholic beverages is legally allowed. Some of the exemptions are:

  • During special events at the institution owned and operated by educational agencies, community college districts, school districts, or county offices of education when students are not on the grounds
  • Events at community college-owned institutions where K-12 students are not around
  • During special events at public community college institutions, the primary attendees are guests or members of the public.
  • Wine or beer used with a culinary arts program at the community college campus
  • Gardens used by a joint powers agency in water conservation demonstrations without the use of public funds
  • In residential facilities set aside expressly for faculty or staff
  • During events at overnight retreat facilities owned by school districts or county offices of education when students have left the institution
  • During fundraisers benefiting non-profit corporations, excluding athletic events
  • During professional minor league baseball games held at a community college stadium
  • Wine consumed at the events sponsored by a community college district with instructional programs in enology and viticulture
  • During events at community centers owned by community service districts or cities when students are not engaged in school activities
  • At the performing arts institution owned by a community college district and leased to non-profit public benefit corporations

Penalties for Violating Penal Code 4573

You could face felony charges for violating PC 4573. The penalties you could face include:

  • Fines and fees
  • A jail term of up to two, three, or four years
  • Formal or felony probation
  • Professional license suspension
  • Deportation
  • Discharge from the military or denial of entry into the military

Probation Sentence

A probation sentence is a supervision period rather than a jail term. Probation sentences are permitted in PC 4573 lawsuits, but you are not guaranteed. Several factors could determine whether to be guaranteed felony probation. Some factors could include the severity of your crime and your criminal history. Sometimes, probation could have terms and conditions like house arrest or a sentence for work release intended to act as an option to a jail term.

While on felony probation, the judge can order you to meet with the probation officer as a condition of probation. If you violate probation conditions, including failing to report to the probation officer, the judge can revoke the probation and impose jail time.

Defenses to Penal Code 4573 Charges

All is not lost if you are accused of bringing drugs into a jail or prison. You should contact an attorney when you learn about the accusations against you. There are several legal defenses your attorney could present when facing PC 4573 charges. Some of the potential defenses include the following:

Police Entrapment

Entrapment happens when the police coerce or induce you to commit an offense that you would not have otherwise committed. It is common for law enforcement to do this in their efforts to deal with the cases of drugs in jails and prisons.

No Drug

The crucial aspect of your defense against the allegations of bringing drugs into jail or prison is to claim the absence of drugs. This defense could be valid if no drug is involved in the alleged crime. However, you must provide sufficient evidence to prove that the suspected drug does not fall within the category of regulated substances as defined by relevant drug laws.

Your evidence could be in the form of laboratory reports, expert testimony, or documentation confirming that the alleged drug does not meet the criteria of a controlled substance. You could challenge the prosecutor’s evidence by establishing the absence of a controlled substance. Your charges could be dismissed if your evidence convinces the judge.

You Had No Knowledge or Lacked the Intent to Bring Drugs Into the Jail or Prison

You can only face charges under PC 4573 if the prosecutor proves that you knew of the drug’s presence. You could also face charges if you intentionally tried to smuggle the drugs into jail or prison. Your case could be dropped if you provide enough evidence showing that you did not know about the presence of the drugs. The judge could also drop your charges if you prove that you did not deliberately introduce the drugs into the correctional facility.

You Had Authorization

If you had the authorities' permission, then authorization could be a valid defense. You must, however, provide significant evidence showing that the relevant authorities allowed you to introduce the alleged drugs into the jail or prison. You must show that you had explicit and clear authorization from the right parties, like the person in charge of the facility, the jailer, the superintendent, or the warden. The authorization could arise from the enacted rules and regulations governing the correctional facility. A specific prison or institution could mandate it, the Department of Corrections, or other governing bodies.

This defense underscores the significance of acquiring proper approval and adhering to established procedures to ensure your actions are lawful. An authorization defense could win your case, mainly when supported by solid evidence of the granted authorization. These could include:

  • Notarized affidavits
  • Phone records
  • Letter exchanges
  • Written documentation

Are Strip Searches Contrary to Fourth Amendment Rights?

The Fourth Amendment protects defendants against unlawful searches and seizures. These protections, however, have limitations in jails and prisons because of security requirements. Inmates have limited privacy, and strip searches are an intrusive exercise that is subject to the following principles:

  • People can challenge strip searches if they feel their rights were violated
  • Intrusiveness should be minimized while achieving security objectives
  • Age and gender considerations apply, with same-gender searches and special care for children
  • Trained personnel ideally carry out the searches with careful documentation of reasons and findings
  • Strip searches are carried out for specific and reasonable security objectives. For example, detecting regulated substances and concealed weapons

The police officers do not require probable cause to conduct strip searches. Strip searches depend on a reasonable suspicion based on specific circumstances and facts. However, balancing individual security and rights remains a complicated issue that is open to interpretation and legal challenges.

Correctional officers in jails and prisons have broader authority to order strip searches for security and safety. The Supreme Court has upheld this authority, which extends to minor crimes. Strip searches can be carried out without specific suspicion of concealed regulated substances.

Find a Criminal Defense Attorney Near Me

Facing criminal charges can be frightening, especially if you face serious charges like bringing drugs into a jail or prison. If convicted, the consequences can be detrimental. The potential penalties for violating penal code 4573 include hefty fines or jail time. With the help of an experienced attorney, you can put up a solid defense to fight against your charges. Contact the Foos Gavin Law Firm if you need a reliable attorney in Sacramento, CA. Contact us at 916-779-3500 to speak to one of our attorneys.