720 ILCS 5/31A-1.1 – Bringing or Possessing Contraband In A Penal Institution
This law makes it illegal to bring or have banned items inside a jail or prison.
This Illinois law says it is a crime to bring or have forbidden items inside a prison or jail. Different penalties apply based on what kind of item is involved, such as alcohol, drugs, or weapons.
(a) A person breaks the law if they knowingly and without permission from an authorized person do any of these things:
- Bring a banned item into a prison or jail.
- Cause someone else to bring a banned item into a prison or jail.
- Place a banned item close enough to a prison or jail that an inmate could get to it.
(b) A person also breaks the law if they knowingly have a banned item while inside a prison or jail, no matter why they have it.
(c) (Blank.)
(d) Sentence:
- Bringing in or having alcohol is a Class 4 felony.
- Bringing in or having cannabis is a Class 3 felony.
- Bringing in or having Schedule III, IV, or V drugs is a Class 2 felony.
- Bringing in or having Schedule I or II drugs is a Class 1 felony.
- Bringing in or having a syringe is a Class 1 felony.
- Bringing in or having a weapon, cutting tool, tool that breaks security, or electronic device is a Class 1 felony.
- Bringing in or having a gun, bullets, or explosives is a Class X felony.
(e) It is a defense to subsection (b) if the person was allowed by a prison rule or order to have the item.
(f) It is also a defense to subsections (a)(1) and (b) if the person had been arrested, already had the item when arrested, and only brought it into the jail because of that arrest.
(g) Any seized items may be kept or used by the Department of Corrections, or handled as the prison’s chief officer decides or as required by law.
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