720 ILCS 5/31A-1.2 – Unauthorized Delivery of Contraband By A Penal Institution Employee

720 ILCS 5/31A-1.2 – Unauthorized Delivery of Contraband By A Penal Institution Employee

This law makes it illegal for prison workers to bring in, keep, or give out banned items inside a jail or prison.

This statute says that employees of prisons or jails cannot bring, keep, or give inmates items they are not allowed to have, like alcohol, drugs, phones, or weapons. Different punishments apply depending on what the contraband is and what the employee did with it.

(a) An employee commits “unauthorized bringing of contraband” when they knowingly and without permission from proper authorities:

1. Bring or try to bring banned items into a prison or jail, or
2. Let someone else bring banned items into a prison or jail.

(b) An employee commits “unauthorized possession of contraband” when they knowingly and without permission have a banned item inside a prison or jail, no matter why they have it.

(c) An employee commits “unauthorized delivery of contraband” when they knowingly and without permission:

1. Give or plan to give banned items to an inmate, or
2. Plan with others or ask someone to deliver banned items to an inmate, or
3. Allow banned items to be delivered to an inmate, or
4. Let someone try to deliver banned items to an inmate.

(d) If the banned item from subsection (a) or (b) is a cell phone or cell phone battery, the person must mean to give it to an inmate or use it for the inmate’s benefit.

(e) Sentence:

1. For bringing or having banned items (subsections (a) and (b)):
   • Alcohol – Class 4 felony
   • Cannabis – Class 2 felony
   • Drugs from Schedules III–V – Class 1 felony
   • Drugs from Schedules I–II – Class X felony
   • Hypodermic syringe – Class X felony
   • Weapon, tool to defeat security, cutting tool, or electronic contraband – Class 1 felony
   • Firearm, ammo, or explosive – Class X felony
2. For delivering banned items (subsection (c)):
   • Alcohol – Class 3 felony
   • Cannabis – Class 1 felony
   • Drugs from Schedules III–V – Class X felony
   • Drugs from Schedules I–II – Class X felony (minimum 8 years in prison)
   • Hypodermic syringe – Class X felony (minimum 8 years)
   • Weapon, tool to defeat security, cutting tool, or electronic contraband – Class X felony (minimum 10 years)
   • Firearm, ammo, or explosive – Class X felony (minimum 12 years)

(f) Any banned items that are taken away can be kept for use by the Department of Corrections, thrown away, or handled as the prison’s top officer or law requires.

(g) If an employee has alcohol, weapons, or similar items locked inside their personal car on prison property, those items do not count as being inside the prison or jail.

View the full statute here.

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