HB263 Alabama 2023 Session

Summary

Primary Sponsor

Tim WadsworthRepresentative

Republican

Session

Regular Session 2023

Title

Relating to crimes; to amend Sections 13A-10-30, 13A-10-36, 13A-10-37, and 13A-10-38, Code of Alabama 1975, to allow a detention facility to adopt a policy to further define what items constitute "contraband" for purposes of banning certain items from detention facilities; to further define the crimes of promoting contraband in the first, second, and third degree to apply to juveniles under certain circumstances; to make nonsubstantive, technical revisions to update the existing code language to current style; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Section 111.05 of the Constitution of Alabama of 2022.

Summary

HB263 would let detention facilities define contraband more precisely, expand contraband promoting offenses to apply to juveniles under certain circumstances, and update related language.

What This Bill Does

Detention facilities could adopt policies that further define what items count as contraband for banning purposes. The crimes of promoting prison contraband in the first, second, and third degrees would be clarified to apply to juveniles under certain circumstances. The bill makes nonsubstantive technical revisions to update the code language to current style. It notes potential local funding effects but is exempt from local approval requirements under Section 111.05 because the bill defines a new crime or amends an existing one.

Who It Affects

• Detention facilities and staff who operate detention centers and enforce rules would gain authority to define contraband more precisely and enforce the updated offenses.
• Juveniles in detention facilities or in Department of Corrections custody could be charged under the updated contraband offenses in certain circumstances.

Key Provisions

• Detention facilities may adopt a policy to further define what items constitute contraband for banning purposes.
• First degree contraband offense includes introducing or possessing deadly weapons or items useful for escape within a detention facility, with the offense classified as a Class C felony.
• Second degree contraband offense includes introducing or possessing narcotics, dangerous drugs, or controlled substances within a detention facility, with the offense classified as a Class C felony.
• Third degree contraband offense includes introducing or possessing contraband or unlawful currency or coins in a detention facility, with the offense classified as a Class B misdemeanor; currency matters are tied to the Department of Corrections policy and enforcement.
• Currency or coin found with an inmate in state detention facilities may be confiscated and liquidated after notice and a hearing, with proceeds deposited into the Department of Corrections general operating fund.
• Definitions and terminology are updated or clarified, including custody, detention facility, penitentiary, and contraband; the act becomes effective on the first day of the third month after passage; the bill includes an exemption from local funding approval requirements under Section 111.05 because it defines a new crime or amends an existing one.

AI-generated summary using openai/gpt-5-nano on Feb 22, 2026. May contain errors — refer to the official bill text for accuracy.