Page:United States Statutes at Large Volume 100 Part 5.djvu/132

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PUBLIC LAW 99-000—MMMM. DD, 1986

100 STAT. 3606

PUBLIC LAW 99-646—NOV. 10, 1986

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"(1) if the person has been sentenced to a term of imprisonment, order that person detained; and "(2) in any other circumstance, release or detain the person under section 3142.". (b) CONFORMING REPEAL.—The amendment made by section 223(f)(2) of the Comprehensive Crime Control Act of 1984 shall not take effect. (c) EFFECTIVE DATE FOR SUBSECTION (a)(2).—The amendment made by subsection (a)(2) shall take effect on the date of the taking of effect of section 3742 of title 18, United States Code.

18 USC 3142. 18 USC 3143. 18 USC 3143 "°*^-

SEC. 52. REVISION OF PRISON CONTRABAND PROHIBITION.

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(a) IN GENERAL.—Section 1791 of title 18 of the United States Code is amended to read as follows: "§ 1791. Providing or possessing contraband in prison "(a) OFFENSE.—Whoever—

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"(1) in violation of a statute or a rule or order issued under a

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» 'I statute, provides to an inmate of a prison a prohibited object, or n attempts to do so; or "(2) being an inmate of a prison, makes, possesses, or obtains, or attempts to make or obtain, a prohibited object; shall be punished as provided in subsection (b) of this section. "(b) PUNISHMENT.—The punishment for an offense under this section is a fine under this title or— "(1) imprisonment for not more than 10 years, or both, if the object is specified in subsection (c)(l)(A) of this section; "(2) imprisonment for not more than 5 years, or both, if the object is specified in subsection (c)(l)(B) or (c)(l)(C) of this section; "(3) imprisonment for not more than one year, or both, if the object is specified in subsection (c)(l)(D) or (c)(l)(E) of this secwi tion; and "(4) imprisonment for not more than 6 months, or both, if the object is specified in subsection (c)(l)(F) of this section. "(c) DEFINITIONS.—As used in this section— "(1) the term 'prohibited object' means— "(A) a firearm or destructive device; "(B) ammunition, a weapon (other than a firearm or destructive device), or an object that is designed or intended • « J' to be used as a weapon or to facilitate escape from a prison; "(C) a narcotic drug, lysergic acid diethylamide, or phencyclidine; "(D) a controlled substance (other than a controlled substance referred to in subparagraph (C) of this subsection) or ' • 'J: '/-'. an alcoholic beverage; "(E) any United States or foreign currency; and "(F) any other object that threatens the order, discipline, 1/(1 - or security of a prison, or the life, health, or safety of an individual; "(2) the terms 'ammunition', 'firearm', and 'destructive device' have, respectively, the meanings given those terms in section 921 of this title; "(3) the terms 'controlled substance' and 'narcotic drug' have, respectively, the meanings given those terms in section 102 of the Controlled Substances Act (21 U.S.C. 802); and