|
possesses contraband listed in
subsection (d)(4) in a penal |
institution, regardless of the intent with which
he possesses |
it.
|
(c) A person commits the offense of unauthorized delivery |
of contraband
in a penal institution by an employee when a |
person who is an employee
knowingly and without authority of |
any person designated or authorized to grant
such authority:
|
(1) delivers or possesses with intent to deliver an |
item of contraband
to any inmate of a penal institution, or
|
(2) conspires to deliver or solicits the delivery of an |
item of
contraband to any inmate of a penal institution, or
|
(3) causes or permits the delivery of an item of |
contraband to any
inmate of a penal institution, or
|
(4) permits another person to attempt to deliver an |
item of contraband to
any inmate of a penal institution.
|
(d) For purpose of this Section, the words and phrases |
listed below
shall be defined as follows:
|
(1) "Penal Institution" shall have the meaning |
ascribed to it in
subsection (c)(1) of Section 31A-1.1 of |
this Code;
|
(2) "Employee" means any elected or appointed officer, |
trustee or
employee of a penal institution or of the |
governing authority of the penal
institution, or any person |
who performs services for the penal institution
pursuant to |
contract with the penal institution or its governing
|
authority.
|
|
(3) "Deliver" or "delivery" means the actual, |
constructive or attempted
transfer of possession of an item |
of contraband, with or without consideration,
whether or |
not there is an agency relationship;
|
(4) "Item of contraband" means any of the following:
|
(i) "Alcoholic liquor" as such term is defined in |
Section 1-3.05 of the
Liquor Control Act of 1934.
|
(ii) "Cannabis" as such term is defined in |
subsection (a) of
Section 3 of the Cannabis Control |
Act.
|
(iii) "Controlled substance" as such term is |
defined in the Illinois
Controlled Substances Act.
|
(iii-a) "Methamphetamine" as such term is defined |
in the Illinois Controlled Substances Act or the |
Methamphetamine Control and Community Protection Act.
|
(iv) "Hypodermic syringe" or hypodermic needle, or |
any instrument
adapted for use of controlled |
substances or cannabis by subcutaneous injection.
|
(v) "Weapon" means any knife, dagger, dirk, billy, |
razor, stiletto,
broken bottle, or other piece of glass |
which could be used as a dangerous
weapon. Such term |
includes any of the devices or implements designated in
|
subsections (a)(1), (a)(3) and (a)(6) of Section 24-1 |
of this Act, or any
other dangerous weapon or |
instrument of like character.
|
(vi) "Firearm" means any device, by whatever name |
|
known, which is
designed to expel a projectile or |
projectiles by the action of an explosion,
expansion of |
gas or escape of gas, including but not limited to:
|
(A) any pneumatic gun, spring gun, or B-B gun |
which expels a single
globular projectile not |
exceeding .18 inch in diameter; or
|
(B) any device used exclusively for signaling |
or safety and required
or recommended by the United |
States Coast Guard or the Interstate Commerce
|
Commission; or
|
(C) any device used exclusively for the firing |
of stud cartridges,
explosive rivets or industrial |
ammunition; or
|
(D) any device which is powered by electrical |
charging units, such as
batteries, and which fires |
one or several barbs attached to a length of
wire |
and which, upon hitting a human, can send out |
current capable of
disrupting the person's nervous |
system in such a manner as to render him
incapable |
of normal functioning, commonly referred to as a |
stun gun or taser.
|
(vii) "Firearm ammunition" means any |
self-contained cartridge or shotgun
shell, by whatever |
name known, which is designed to be used or adaptable |
to
use in a firearm, including but not limited to:
|
(A) any ammunition exclusively designed for |
|
use with a device used
exclusively for signaling or |
safety and required or recommended by the
United |
States Coast Guard or the Interstate Commerce |
Commission; or
|
(B) any ammunition designed exclusively for |
use with a stud or rivet
driver or other similar |
industrial ammunition.
|
(viii) "Explosive" means, but is not limited to, |
bomb, bombshell,
grenade, bottle or other container |
containing an explosive substance of
over one-quarter |
ounce for like purposes such as black powder bombs and
|
Molotov cocktails or artillery projectiles.
|
(ix) "Tool to defeat security mechanisms" means, |
but is not limited
to,
handcuff or security restraint |
key, tool designed to pick locks, or device or
|
instrument capable of unlocking handcuff or security |
restraints, doors to
cells, rooms, gates or other areas |
of the penal institution.
|
(x) "Cutting tool" means, but is not limited to, |
hacksaw blade,
wirecutter, or device, instrument or |
file capable of cutting through metal.
|
(xi) "Electronic contraband" means, but is not |
limited to, any
electronic, video recording device, |
computer, or cellular communications
equipment, |
including, but not
limited to, cellular telephones, |
cellular telephone batteries, videotape
recorders, |
|
pagers,
computers, and computer peripheral equipment.
|
For a violation of subsection (a) or (b) involving a |
cellular telephone or cellular telephone battery, the |
defendant must intend to provide the cellular telephone or |
cellular telephone battery to any inmate in a penal |
institution, or to use the cellular telephone or cellular |
telephone battery at the direction of an inmate or for the |
benefit of any inmate of a penal institution. |
(e) A violation of paragraphs (a) or (b) of this Section |
involving alcohol
is a Class 4 felony. A violation of paragraph |
(a) or (b) of this Section
involving cannabis is a Class 2 |
felony. A violation of paragraph (a) or (b)
involving any |
amount of a controlled substance classified in Schedules III, |
IV
or V of Article II of the Illinois Controlled Substances Act |
is a Class 1
felony. A
violation of paragraph (a) or (b) of |
this Section involving any amount of a
controlled substance |
classified in Schedules I or II of Article II of the
Illinois |
Controlled Substances Act is a Class X felony. A violation of
|
paragraph (a) or
(b) involving an item of contraband listed in |
paragraph (iv) of subsection
(d)(4) is a Class X felony. A |
violation of paragraph (a) or (b) involving an
item of |
contraband listed in paragraph (v), (ix), (x), or (xi) of |
subsection (d)(4) is
a Class 1
felony. A violation of paragraph |
(a) or (b) involving an item of contraband
listed in paragraphs |
(vi), (vii) or (viii) of subsection (d)(4) is a Class X
felony.
|
(f) A violation of paragraph (c) of this Section involving |
|
alcoholic
liquor is a Class 3 felony. A violation of paragraph |
(c) involving cannabis
is a Class 1 felony. A violation of |
paragraph (c) involving any amount of a
controlled substance |
classified in Schedules III, IV or V of Article II of the
|
Illinois Controlled Substances Act is a Class X felony. A |
violation of
paragraph (c)
involving any amount of a controlled |
substance classified in Schedules I or II
of Article II of the |
Illinois Controlled Substances Act is a Class X felony
for |
which
the minimum term of imprisonment shall be 8 years. A |
violation of paragraph
(c) involving an item of contraband |
listed in paragraph (iv) of subsection
(d)(4) is a Class X |
felony for which the minimum term of imprisonment shall be
8 |
years. A violation of paragraph (c) involving an item of |
contraband listed
in paragraph (v), (ix), or (x), or (xi) of |
subsection (d)(4) is a Class X felony for
which the minimum
|
term of imprisonment shall be 10 years. A violation of |
paragraph (c) involving
an item of contraband listed in |
paragraphs (vi), (vii) or (viii) of subsection
(d)(4) is a |
Class X felony for which the minimum term of imprisonment shall |
be
12 years.
|
(g) Items confiscated may be retained for use by the |
Department of
Corrections or disposed of as deemed appropriate |
by the Chief Administrative
Officer in accordance with |
Department rules or disposed of as required by
law.
|
(h) For a violation of subsection (a) or (b) involving |
items described in clause (i), (v), (vi), (vii), (ix), (x), or |