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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB0218
Introduced 1/19/2007, by Rep. Jim Sacia SYNOPSIS AS INTRODUCED: |
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720 ILCS 5/31A-1.1 |
from Ch. 38, par. 31A-1.1 |
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Amends the Criminal Code of 1961. With respect to the offenses of bringing contraband into a penal institution and possessing contraband in a penal institution, defines "penal institution" to include an Illinois Department of Corrections Parole Office.
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| CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
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A BILL FOR
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HB0218 |
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LRB095 04372 RLC 24415 b |
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Criminal Code of 1961 is amended by changing |
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| Section 31A-1.1 as follows:
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| (720 ILCS 5/31A-1.1) (from Ch. 38, par. 31A-1.1)
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| Sec. 31A-1.1. Bringing Contraband into a Penal |
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| Institution;
Possessing Contraband in a Penal Institution.
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| (a) A person commits the offense of bringing contraband |
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| into a penal
institution when he knowingly and without |
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| authority of any person designated
or authorized to grant such |
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| authority (1) brings an item of contraband into
a penal |
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| institution or (2) causes another to bring an item of
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| contraband into a penal institution or (3) places an item of
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| contraband in such proximity to a penal institution as to give |
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| an
inmate access to the contraband.
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| (b) A person commits the offense of possessing contraband |
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| in a
penal institution when he possesses contraband in a penal |
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| institution,
regardless of the intent with which he possesses |
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| it.
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| (c) For the purposes of this Section, the words and phrases
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| listed below shall be defined as follows:
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| (1) "Penal institution" means any Illinois Department |
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LRB095 04372 RLC 24415 b |
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| of Corrections Parole Office, or any penitentiary, State |
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| farm,
reformatory, prison, jail, house of correction, |
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| police detention area,
half-way house or other institution |
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| or place for the incarceration or
custody of persons under |
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| sentence for offenses awaiting trial or sentence
for |
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| offenses, under arrest for an offense, a violation of |
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| probation, a
violation of parole, or a violation of |
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| mandatory supervised release, or
awaiting a bail setting |
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| hearing or preliminary hearing; provided that where
the |
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| place for incarceration or custody is housed within another |
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| public
building this Act shall not apply to that part of |
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| such building unrelated
to the incarceration or custody of |
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| persons.
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| (2) "Item of contraband" means any of the following:
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| (i) "Alcoholic liquor" as such term is defined in |
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| Section 1-3.05 of the
Liquor Control Act of 1934.
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| (ii) "Cannabis" as such term is defined in |
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| subsection (a) of Section 3
of the Cannabis Control |
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| Act.
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| (iii) "Controlled substance" as such term is |
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| defined in the Illinois
Controlled Substances Act.
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| (iii-a) "Methamphetamine" as such term is defined |
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| in the Illinois Controlled Substances Act or the |
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| Methamphetamine Control and Community Protection Act.
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| (iv) "Hypodermic syringe" or hypodermic needle, or |
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| any instrument
adapted for use of controlled |
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LRB095 04372 RLC 24415 b |
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| substances or cannabis by subcutaneous injection.
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| (v) "Weapon" means any knife, dagger, dirk, billy, |
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| razor, stiletto,
broken bottle, or other piece of glass |
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| which could be used as a dangerous
weapon. Such term |
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| includes any of the devices or implements designated in
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| subsections (a)(1), (a)(3) and (a)(6) of Section 24-1 |
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| of this
Act, or any other dangerous weapon or |
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| instrument of like character.
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| (vi) "Firearm" means any device, by whatever name |
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| known, which is
designed to expel a projectile or |
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| projectiles by the action of an
explosion, expansion of |
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| gas or escape of gas, including but not limited to:
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| (A) any pneumatic gun, spring gun, or B-B gun |
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| which expels a single
globular projectile not |
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| exceeding .18 inch in diameter, or;
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| (B) any device used exclusively for signaling |
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| or safety and required
as
recommended by the United |
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| States Coast Guard or the Interstate Commerce
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| Commission; or
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| (C) any device used exclusively for the firing |
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| of stud cartridges,
explosive rivets or industrial |
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| ammunition; or
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| (D) any device which is powered by electrical |
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| charging units, such as
batteries, and which fires |
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| one or several barbs attached to a length of
wire |
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| and which, upon hitting a human, can send out |
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LRB095 04372 RLC 24415 b |
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| current capable of
disrupting the person's nervous |
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| system in such a manner as to render him
incapable |
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| of normal functioning, commonly referred to as a |
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| stun gun or taser.
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| (vii) "Firearm ammunition" means any |
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| self-contained cartridge or shotgun
shell, by whatever |
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| name known, which is designed to be used or adaptable |
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| to
use in a firearm, including but not limited to:
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| (A) any ammunition exclusively designed for |
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| use with a device used
exclusively for signaling or |
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| safety and required or recommended by the
United |
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| States Coast Guard or the Interstate Commerce |
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| Commission; or
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| (B) any ammunition designed exclusively for |
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| use with a stud or rivet
driver or other similar |
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| industrial ammunition.
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| (viii) "Explosive" means, but is not limited to, |
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| bomb, bombshell,
grenade, bottle or other container |
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| containing an explosive substance of
over one-quarter |
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| ounce for like purposes such as black powder bombs and
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| Molotov cocktails or artillery projectiles.
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| (ix) "Tool to defeat security mechanisms" means, |
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| but is not limited to,
handcuff or security restraint |
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| key, tool designed to pick locks, or device or
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| instrument capable of unlocking handcuff or security |
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| restraints, doors to
cells, rooms, gates or other areas |
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LRB095 04372 RLC 24415 b |
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| of the penal institution.
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| (x) "Cutting tool" means, but is not limited to, |
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| hacksaw blade,
wirecutter,
or device, instrument or |
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| file capable of cutting through metal.
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| (xi) "Electronic contraband" means, but is not |
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| limited to, any
electronic, video recording device, |
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| computer, or cellular communications
equipment, |
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| including, but not
limited to, cellular telephones, |
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| cellular telephone batteries, videotape
recorders, |
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| pagers,
computers, and computer peripheral equipment |
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| brought into or possessed in a
penal institution |
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| without the written authorization of the Chief |
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| Administrative
Officer.
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| (d) Bringing alcoholic liquor into a penal institution is a |
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| Class 4
felony. Possessing alcoholic liquor in a penal |
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| institution is a Class 4
felony.
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| (e) Bringing cannabis into a penal institution is a Class 3 |
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| felony.
Possessing cannabis in a penal institution is a Class 3 |
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| felony.
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| (f) Bringing any amount of a controlled substance |
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| classified in
Schedules III, IV or V of Article II of the |
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| Controlled Substance Act into a
penal institution is a Class 2 |
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| felony. Possessing any amount of a
controlled substance |
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| classified in Schedule III, IV, or V of Article II of
the |
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| Controlled Substance Act in a penal institution is a Class 2 |
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| felony.
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LRB095 04372 RLC 24415 b |
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| (g) Bringing any amount of a controlled substance |
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| classified in
Schedules I or II of Article II of the Controlled |
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| Substance Act into a
penal institution is a Class 1 felony. |
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| Possessing any amount of a
controlled substance classified in |
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| Schedules I or II of Article II of the
Controlled Substance Act |
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| in a penal institution is a Class 1 felony.
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| (h) Bringing an item of contraband listed in paragraph (iv) |
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| of
subsection (c)(2) into a penal institution is a Class 1 |
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| felony. Possessing
an item of contraband listed in paragraph |
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| (iv) of subsection (c)(2) in a
penal institution is a Class 1 |
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| felony.
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| (i) Bringing an item of contraband listed in paragraph (v), |
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| (ix),
(x), or (xi)
of subsection
(c)(2) into a penal |
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| institution is a Class 1 felony. Possessing an item of
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| contraband listed in paragraph (v), (ix), (x), or (xi) of
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| subsection (c)(2) in a
penal
institution is a Class 1 felony.
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| (j) Bringing an item of contraband listed in paragraphs |
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| (vi), (vii) or
(viii) of subsection (c)(2) in a penal |
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| institution is a Class X felony.
Possessing an item of |
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| contraband listed in paragraphs (vi), (vii), or
(viii) of |
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| subsection (c)(2) in a penal institution is a Class X felony.
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| (k) It shall be an affirmative defense to subsection
(b) |
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| hereof, that
such possession was specifically authorized by |
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| rule, regulation, or
directive of the governing authority of |
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| the penal institution or order
issued pursuant thereto.
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| (l) It shall be an affirmative defense to subsection (a)(1) |
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HB0218 |
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LRB095 04372 RLC 24415 b |
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| and
subsection (b) hereof that the person bringing into or |
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| possessing
contraband in a penal institution had been arrested, |
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| and that that person
possessed such contraband at the time of |
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| his
arrest, and that such contraband was brought into or |
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| possessed in the penal
institution by that person as a direct |
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| and immediate result of his arrest.
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| (m) Items confiscated may be retained for use by the |
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| Department of
Corrections or disposed of as deemed appropriate |
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| by the Chief Administrative
Officer in accordance with |
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| Department rules or disposed of as required by
law.
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| (Source: P.A. 94-556, eff. 9-11-05; 94-1017, eff. 7-7-06.)
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