(a) No person shall knowingly convey, or attempt to convey, onto the grounds of a detention facility any of the following items:
(1) Any intoxicating liquor, as defined in R.C. § 4301.01.
(2) Any tobacco products, as defined in R.C. § 2927.02.
(b) It is an affirmative defense to a charge under this section that the actor was not otherwise prohibited by law from delivering the item to the confined person or the prisoner, and that either of the following applies:
(1) The actor was permitted by the written rules of the detention facility or the institution, office building, or other place to deliver the item to the confined person or the patient.
(2) The actor was given written authorization by the person in charge of the detention facility or the institution, office building, or other place to deliver the item to the confined person or the patient.
(c) Whoever violates this section is guilty of illegal conveyance, a misdemeanor of the first degree.
(d) As used in this section:
(1) "Detention" means arrest; confinement in any vehicle subsequent to an arrest; confinement in any public or private facility for custody of persons charged with or convicted of crime in this state or another state or under the laws of the United States or alleged or found to be a delinquent child or unruly child in this state or another state or under the laws of the United States; hospitalization, institutionalization, or confinement in any public or private facility that is ordered pursuant to or under the authority of R.C. §§ 2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or 2945.402; confinement in any vehicle for transportation to or from any facility of any of those natures; detention for extradition or deportation; except as provided in this division, supervision by any employee of any facility of any of those natures that is incidental to hospitalization, institutionalization, or confinement in the facility but that occurs outside the facility; supervision by an employee of the department of rehabilitation and correction of a person on any type of release from a state correctional institution; or confinement in any vehicle, airplane, or place while being returned from outside of this state into this state by a private person or entity pursuant to a contract entered into under R.C. § 311.29(E) or R.C. § 5149.03(B). For a person confined in a county jail who participates in a county jail industry program pursuant to R.C. § 5147.30, "detention" includes time spent at an assigned work site and going to and from the work site.
(2) "Detention facility" means any public or private place used for the confinement of a person charged with or convicted of any crime in this state or another state or under the laws of the United States or alleged or found to be a delinquent child or unruly child in this state or another state or under the laws of the United States.
(Ord. 20-2017, passed 8-7-2017)