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90_SB0809
720 ILCS 5/31A-1.1 from Ch. 38, par. 31A-1.1
720 ILCS 5/31A-1.2 from Ch. 38, par. 31A-1.2
730 ILCS 5/3-8-8 from Ch. 38, par. 1003-8-8
Amends the Criminal Code of 1961. Expands the offenses
of bringing or possessing contraband in a penal institution
to include bringing onto or possessing contraband on penal
grounds. Provides that certain persons are absolutely liable
for the offenses. Provides that bringing or possessing a
chemical agent on penal grounds is a Class 1 felony.
Provides that delivery of chemical agents on penal grounds by
an employee of a penal institution is a Class X felony.
Amends the Unified Code of Corrections. Deletes provision
that requires grievance procedures by prisoners to allow them
to communicate grievances directly to the Director of
Corrections or some person designated by the Director.
Effective immediately.
LRB9001196RCks
LRB9001196RCks
1 AN ACT in relation to penal institutions, amending named
2 Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Criminal Code of 1961 is amended by
6 changing Sections 31A-1.1 and 31A-1.2 as follows:
7 (720 ILCS 5/31A-1.1) (from Ch. 38, par. 31A-1.1)
8 (Text of Section before amendment by P.A. 89-688)
9 Sec. 31A-1.1. Bringing contraband onto into a penal
10 grounds Institution; Possessing Contraband on in a penal
11 grounds Institution.
12 (a) A person is absolutely liable for commits the
13 offense of bringing onto or possessing contraband on into a
14 penal grounds institution when he or she knowingly and
15 without authority of any person designated or authorized to
16 grant such authority (1) brings, attempts to bring or
17 possesses an item of contraband on into a penal grounds
18 institution or (2) causes another to bring or possess an item
19 of contraband on into a penal grounds institution or (3)
20 places an item of contraband in such proximity to a penal
21 grounds institution as to give an inmate access to the
22 contraband.
23 (b) (Blank). A person commits the offense of possessing
24 contraband in a penal institution when he possesses
25 contraband in a penal institution, regardless of the intent
26 with which he possesses it.
27 (b-1) A person is absolutely liable for the offense of
28 bringing onto or possessing electronic contraband on penal
29 grounds when, without authority of any person designated or
30 authorized to grant such authority, he or she (1) brings,
31 attempts to bring or possesses an item of electronic
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1 contraband on penal grounds (2) causes another to bring or
2 possess an item of electronic contraband on penal grounds or
3 (3) places an item of electronic contraband in such proximity
4 to penal grounds as to give an inmate access to the
5 electronic contraband.
6 (b-2) A person is absolutely liable for the offense of
7 bringing onto or possessing a chemical agent on penal grounds
8 when, without authority of any person designated or
9 authorized to grant such authority, he or she (1) brings,
10 attempts to bring or possesses mace, tear gas, or similar
11 chemical agent, the dispersion of which causes irritation,
12 discomfort or burning or (2) causes another to bring or
13 possess mace, tear gas or a similar chemical agent on penal
14 grounds or (3) places mace, tear gas or a similar chemical
15 agent in such proximity to penal grounds as to give an inmate
16 access to the mace, tear gas, or similar chemical agent.
17 (c) For the purposes of this Section, the words and
18 phrases listed below shall be defined as follows:
19 (0.05) "Penal grounds" means, but is not limited
20 to, any penal institution as defined in paragraph (1) of
21 this subsection (c) including the grounds, access roads,
22 administrative buildings, driveways, employee living
23 quarters and parking lot of the penal institution.
24 (1) "Penal institution" means any penitentiary,
25 State farm, reformatory, prison, jail, house of
26 correction, police detention area, half-way house or
27 other institution or place for the incarceration or
28 custody of persons under sentence for offenses awaiting
29 trial or sentence for offenses, under arrest for an
30 offense, a violation of probation, a violation of parole,
31 or a violation of mandatory supervised release, or
32 awaiting a bail setting hearing or preliminary hearing;
33 provided that where the place for incarceration or
34 custody is housed within another public building this Act
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1 shall not apply to that part of such building unrelated
2 to the incarceration or custody of persons.
3 (2) "Item of contraband" means any of the
4 following:
5 (i) "Alcoholic liquor" as such term is defined
6 in Section 1-3.05 of The Liquor Control Act of 1934
7 as such Act may be now or hereafter amended.
8 (ii) "Cannabis" as such term is defined in
9 subsection (a) of Section 3 of the "Cannabis Control
10 Act", approved August 16, 1971, as now or hereafter
11 amended.
12 (iii) "Controlled substance" as such term is
13 defined in the "Illinois Controlled Substances Act",
14 approved August 16, 1971, as now or hereafter
15 amended.
16 (iv) "Hypodermic syringe" or hypodermic
17 needle, or any instrument adapted for use of
18 controlled substances or cannabis by subcutaneous
19 injection.
20 (v) "Weapon" means any knife, dagger, dirk,
21 billy, razor, stiletto, broken bottle, or other
22 piece of glass or other object or instrument which
23 could be used as a dangerous weapon. Such term
24 includes any of the devices or implements designated
25 in subsections (a)(1), (a)(3) and (a)(6) of Section
26 24-1 of this Act, or any other dangerous weapon or
27 instrument of potentially dangerous like character.
28 (vi) "Firearm" means any device, by whatever
29 name known, which is designed to expel a projectile
30 or projectiles by the action of an explosion,
31 expansion of gas or escape of gas, including but not
32 limited to:
33 (A) any pneumatic gun, spring gun, or B-B
34 gun which expels a single globular projectile
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1 not exceeding .18 inch in diameter, or;
2 (B) any device used exclusively for
3 signaling or safety and required as recommended
4 by the United States Coast Guard or the
5 Interstate Commerce Commission; or
6 (C) any device used exclusively for the
7 firing of stud cartridges, explosive rivets or
8 industrial ammunition; or
9 (D) any device which is powered by
10 electrical charging units, such as batteries,
11 and which fires one or several barbs attached
12 to a length of wire and which, upon hitting a
13 human, can send out current capable of
14 disrupting the person's nervous system in such
15 a manner as to render him incapable of normal
16 functioning, commonly referred to as a stun gun
17 or taser.
18 (vii) "Firearm ammunition" means any
19 self-contained cartridge or shotgun shell, by
20 whatever name known, which is designed to be used or
21 adaptable to use in a firearm, including but not
22 limited to:
23 (A) any ammunition exclusively designed
24 for use with a device used exclusively for
25 signaling or safety and required or recommended
26 by the United States Coast Guard or the
27 Interstate Commerce Commission; or
28 (B) any ammunition designed exclusively
29 for use with a stud or rivet driver or other
30 similar industrial ammunition.
31 (viii) "Explosive" means, but is not limited
32 to, bomb, bombshell, grenade, bottle or other
33 container containing an explosive substance of over
34 one-quarter ounce for like purposes such as black
-5- LRB9001196RCks
1 powder bombs and Molotov cocktails or artillery
2 projectiles.
3 (ix) "Tool to defeat security mechanisms"
4 means, but is not limited to, handcuff or security
5 restraint key, tool designed to pick locks, or
6 device or instrument capable of unlocking handcuff
7 or security restraints, doors to cells, rooms, gates
8 or other areas of the penal institution.
9 (x) "Cutting tool" means, but is not limited
10 to, hacksaw blade, wirecutter, or device, instrument
11 or file capable of cutting through metal.
12 (3) "Electronic contraband" means, but is not
13 limited to, any electronic, video recording device,
14 computer, or cellular communications equipment,
15 including, but not limited to, cellular telephones,
16 cellular telephone batteries, videotape recorders,
17 pagers, computers, and computer peripheral equipment.
18 (d) Bringing onto or possessing alcoholic liquor on into
19 a penal grounds institution is a Class 4 felony. Possessing
20 alcoholic liquor in a penal institution is a Class 4 felony.
21 (e) Bringing onto or possessing cannabis on into a penal
22 grounds institution is a Class 3 felony. Possessing cannabis
23 in a penal institution is a Class 3 felony.
24 (f) Bringing onto or possessing any amount of a
25 controlled substance classified in Schedules III, IV or V of
26 Article II of the Illinois Controlled Substances Substance
27 Act on into a penal grounds institution is a Class 2 felony.
28 Possessing any amount of a controlled substance classified in
29 Schedule III, IV, or V of Article II of the Controlled
30 Substance Act in a penal institution is a Class 2 felony.
31 (g) Bringing onto or possessing any amount of a
32 controlled substance classified in Schedules I or II of
33 Article II of the Illinois Controlled Substances Substance
34 Act on into a penal grounds institution is a Class 1 felony.
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1 Possessing any amount of a controlled substance classified in
2 Schedules I or II of Article II of the Controlled Substance
3 Act in a penal institution is a Class 1 felony.
4 (h) Bringing onto or possessing an item of contraband
5 listed in paragraph (iv) of subsection (c)(2) on into a penal
6 grounds institution is a Class 1 felony. Possessing an item
7 of contraband listed in paragraph (iv) of subsection (c)(2)
8 in a penal institution is a Class 1 felony.
9 (i) Bringing onto or possessing an item of contraband
10 listed in paragraph (v), (ix) or (x) of subsection (c)(2) on
11 into a penal grounds institution is a Class 1 felony.
12 Possessing an item of contraband listed in paragraph (v),
13 (ix) or (x) of subsection (c)(2) in a penal institution is a
14 Class 1 felony.
15 (j) Bringing onto or possessing an item of contraband
16 listed in paragraphs (vi), (vii) or (viii) of subsection
17 (c)(2) on in a penal grounds institution is a Class X felony.
18 Possessing an item of contraband listed in paragraphs (vi),
19 (vii), or (viii) of subsection (c)(2) in a penal institution
20 is a Class X felony.
21 (j-5) Bringing onto or possessing a chemical agent as
22 described in paragraph (b-2) on penal grounds is a Class 1
23 felony.
24 (k) It shall be an affirmative defense to the possession
25 of contraband on penal grounds and the possession of
26 electronic contraband or a chemical agent on penal grounds
27 subsection (b) hereof, that such possession was specifically
28 authorized by rule, regulation, or directive of the governing
29 authority of the penal institution or order issued pursuant
30 thereto.
31 (l) It shall be an affirmative defense to subsection
32 (a)(1) and subsections (b-1) and (b-2) subsection (b) hereof
33 that the person bringing onto into or possessing contraband
34 on in a penal grounds institution had been arrested, and that
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1 that person possessed such contraband at the time of his or
2 her arrest, and that the such contraband was brought onto
3 into or possessed on in the penal grounds institution by that
4 person as a direct and immediate result of his arrest.
5 (m) Items confiscated may be retained for use by the
6 Department of Corrections or disposed of as deemed
7 appropriate by the Chief Administrative Officer in accordance
8 with Department rules or disposed of as required by law.
9 (Source: P.A. 88-678, eff. 7-1-95.)
10 (Text of Section after amendment by P.A. 89-688)
11 Sec. 31A-1.1. Bringing contraband onto into a penal
12 ground Institution; possessing contraband on in a penal
13 grounds Institution.
14 (a) A person is absolutely liable for commits the
15 offense of bringing onto or possessing contraband on into a
16 penal grounds institution when he or she knowingly and
17 without authority of any person designated or authorized to
18 grant such authority (1) brings, attempts to bring, or
19 possesses an item of contraband on into a penal grounds
20 institution or (2) causes another to bring or possess an item
21 of contraband on into a penal grounds institution or (3)
22 places an item of contraband in such proximity to a penal
23 grounds institution as to give an inmate access to the
24 contraband.
25 (b) (Blank). A person commits the offense of possessing
26 contraband in a penal institution when he possesses
27 contraband in a penal institution, regardless of the intent
28 with which he possesses it.
29 (b-1) A person is absolutely liable for the offense of
30 bringing onto or possessing electronic contraband on penal
31 grounds when, without authority of any person designated or
32 authorized to grant such authority, he or she (1) brings,
33 attempts to bring or possesses an item of electronic
34 contraband on penal grounds or (2) causes another to bring or
-8- LRB9001196RCks
1 possess an item of electronic contraband on penal grounds or
2 (3) places an item of electronic contraband in such proximity
3 to penal grounds as to give an inmate access to the
4 electronic contraband.
5 (b-2) A person is absolutely liable for the offense of
6 bringing onto or possessing a chemical agent on penal grounds
7 when, without authority of any person designated or
8 authorized to grant such authority, he or she (1) brings,
9 attempts to bring, or possesses mace, tear gas or similar
10 chemical agent, the dispersion of which causes irritation,
11 discomfort or burning or (2) causes another to bring or
12 possess mace, tear gas, or a similar chemical agent in a
13 penal institution or (3) places mace, tear gas, or a similar
14 chemical agent in such proximity to penal grounds as to give
15 an inmate access to the mace, tear gas or similar chemical
16 agent.
17 (c) For the purposes of this Section, the words and
18 phrases listed below shall be defined as follows:
19 (0.05) "Penal grounds" means, but is not limited
20 to, any penal institution as defined in paragraph (1) of
21 this subsection (c) including the grounds, access roads,
22 administrative buildings, driveways, employee living
23 quarters and parking lot of the penal institution.
24 (1) "Penal institution" means any penitentiary,
25 State farm, reformatory, prison, jail, house of
26 correction, police detention area, half-way house or
27 other institution or place for the incarceration or
28 custody of persons under sentence for offenses awaiting
29 trial or sentence for offenses, under arrest for an
30 offense, a violation of probation, a violation of parole,
31 or a violation of mandatory supervised release, or
32 awaiting a bail setting hearing or preliminary hearing;
33 provided that where the place for incarceration or
34 custody is housed within another public building this Act
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1 shall not apply to that part of such building unrelated
2 to the incarceration or custody of persons.
3 (2) "Item of contraband" means any of the
4 following:
5 (i) "Alcoholic liquor" as such term is defined
6 in Section 1-3.05 of The Liquor Control Act of 1934
7 as such Act may be now or hereafter amended.
8 (ii) "Cannabis" as such term is defined in
9 subsection (a) of Section 3 of the "Cannabis Control
10 Act", approved August 16, 1971, as now or hereafter
11 amended.
12 (iii) "Controlled substance" as such term is
13 defined in the "Illinois Controlled Substances Act",
14 approved August 16, 1971, as now or hereafter
15 amended.
16 (iv) "Hypodermic syringe" or hypodermic
17 needle, or any instrument adapted for use of
18 controlled substances or cannabis by subcutaneous
19 injection.
20 (v) "Weapon" means any knife, dagger, dirk,
21 billy, razor, stiletto, broken bottle, or other
22 piece of glass or other object or instrument which
23 could be used as a dangerous weapon. Such term
24 includes any of the devices or implements designated
25 in subsections (a)(1), (a)(3) and (a)(6) of Section
26 24-1 of this Act, or any other dangerous weapon or
27 instrument of potentially dangerous like character.
28 (vi) "Firearm" means any device, by whatever
29 name known, which is designed to expel a projectile
30 or projectiles by the action of an explosion,
31 expansion of gas or escape of gas, including but not
32 limited to:
33 (A) any pneumatic gun, spring gun, or B-B
34 gun which expels a single globular projectile
-10- LRB9001196RCks
1 not exceeding .18 inch in diameter, or;
2 (B) any device used exclusively for
3 signaling or safety and required as recommended
4 by the United States Coast Guard or the
5 Interstate Commerce Commission; or
6 (C) any device used exclusively for the
7 firing of stud cartridges, explosive rivets or
8 industrial ammunition; or
9 (D) any device which is powered by
10 electrical charging units, such as batteries,
11 and which fires one or several barbs attached
12 to a length of wire and which, upon hitting a
13 human, can send out current capable of
14 disrupting the person's nervous system in such
15 a manner as to render him incapable of normal
16 functioning, commonly referred to as a stun gun
17 or taser.
18 (vii) "Firearm ammunition" means any
19 self-contained cartridge or shotgun shell, by
20 whatever name known, which is designed to be used or
21 adaptable to use in a firearm, including but not
22 limited to:
23 (A) any ammunition exclusively designed
24 for use with a device used exclusively for
25 signaling or safety and required or recommended
26 by the United States Coast Guard or the
27 Interstate Commerce Commission; or
28 (B) any ammunition designed exclusively
29 for use with a stud or rivet driver or other
30 similar industrial ammunition.
31 (viii) "Explosive" means, but is not limited
32 to, bomb, bombshell, grenade, bottle or other
33 container containing an explosive substance of over
34 one-quarter ounce for like purposes such as black
-11- LRB9001196RCks
1 powder bombs and Molotov cocktails or artillery
2 projectiles.
3 (ix) "Tool to defeat security mechanisms"
4 means, but is not limited to, handcuff or security
5 restraint key, tool designed to pick locks, or
6 device or instrument capable of unlocking handcuff
7 or security restraints, doors to cells, rooms, gates
8 or other areas of the penal institution.
9 (x) "Cutting tool" means, but is not limited
10 to, hacksaw blade, wirecutter, or device, instrument
11 or file capable of cutting through metal.
12 (xi) "Electronic contraband" means, but is not
13 limited to, any electronic, video recording device,
14 computer, or cellular communications equipment,
15 including, but not limited to, cellular telephones,
16 cellular telephone batteries, videotape recorders,
17 pagers, computers, and computer peripheral equipment
18 brought into or possessed in a penal institution
19 without the written authorization of the Chief
20 Administrative Officer.
21 (d) Bringing onto or possessing alcoholic liquor on into
22 a penal grounds institution is a Class 4 felony. Possessing
23 alcoholic liquor in a penal institution is a Class 4 felony.
24 (e) Bringing onto or possessing cannabis on into a penal
25 grounds institution is a Class 3 felony. Possessing cannabis
26 in a penal institution is a Class 3 felony.
27 (f) Bringing onto or possessing any amount of a
28 controlled substance classified in Schedules III, IV or V of
29 Article II of the Controlled Substance Act on into a penal
30 grounds institution is a Class 2 felony. Possessing any
31 amount of a controlled substance classified in Schedule III,
32 IV, or V of Article II of the Controlled Substance Act in a
33 penal institution is a Class 2 felony.
34 (g) Bringing onto or possessing any amount of a
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1 controlled substance classified in Schedules I or II of
2 Article II of the Controlled Substance Act on into a penal
3 grounds institution is a Class 1 felony. Possessing any
4 amount of a controlled substance classified in Schedules I or
5 II of Article II of the Controlled Substance Act in a penal
6 institution is a Class 1 felony.
7 (h) Bringing onto or possessing an item of contraband
8 listed in paragraph (iv) of subsection (c)(2) on into a penal
9 grounds institution is a Class 1 felony. Possessing an item
10 of contraband listed in paragraph (iv) of subsection (c)(2)
11 in a penal institution is a Class 1 felony.
12 (i) Bringing onto or possessing an item of contraband
13 listed in paragraph (v), (ix), (x), or (xi) of subsection
14 (c)(2) on into a penal grounds institution is a Class 1
15 felony. Possessing an item of contraband listed in paragraph
16 (v), (ix), (x), or (xi) of subsection (c)(2) in a penal
17 institution is a Class 1 felony.
18 (j) Bringing onto or possessing an item of contraband
19 listed in paragraphs (vi), (vii) or (viii) of subsection
20 (c)(2) on in a penal grounds institution is a Class X felony.
21 Possessing an item of contraband listed in paragraphs (vi),
22 (vii), or (viii) of subsection (c)(2) in a penal institution
23 is a Class X felony.
24 (j-5) Bringing onto or possessing a chemical agent as
25 described in paragraph (b-2) on penal grounds is a Class 1
26 felony.
27 (k) It shall be an affirmative defense to the possession
28 of contraband on penal grounds and the possession of
29 electronic contraband or a chemical agent on penal grounds
30 subsection (b) hereof, that such possession was specifically
31 authorized by rule, regulation, or directive of the governing
32 authority of the penal institution or order issued pursuant
33 thereto.
34 (l) It shall be an affirmative defense to subsection
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1 (a)(1) and subsections (b-1) and (b-2) subsection (b) hereof
2 that the person bringing onto into or possessing contraband
3 on in a penal grounds institution had been arrested, and that
4 that person possessed such contraband at the time of his
5 arrest, and that such contraband was brought onto into or
6 possessed on in the penal grounds institution by that person
7 as a direct and immediate result of his arrest.
8 (m) Items confiscated may be retained for use by the
9 Department of Corrections or disposed of as deemed
10 appropriate by the Chief Administrative Officer in accordance
11 with Department rules or disposed of as required by law.
12 (Source: P.A. 88-678, eff. 7-1-95; 89-688, eff. 6-1-97.)
13 (720 ILCS 5/31A-1.2) (from Ch. 38, par. 31A-1.2)
14 (Text of Section before amendment by P.A. 89-688)
15 Sec. 31A-1.2. Unauthorized bringing of contraband onto
16 into a penal grounds institution by an employee; unauthorized
17 possessing of contraband on in a penal grounds institution by
18 an employee; unauthorized delivery of contraband onto in a
19 penal grounds institution by an employee.
20 (a) A person is absolutely liable for commits the
21 offense of unauthorized bringing of contraband onto into a
22 penal grounds institution by an employee when a person who is
23 an employee knowingly and without authority of or any person
24 designated or authorized to grant such authority:
25 (1) brings or attempts to bring an item of
26 contraband listed in paragraphs (i) through (iv) of
27 subsection (d)(4) onto into a penal grounds institution,
28 or
29 (2) causes or permits another to bring an item of
30 contraband listed in paragraphs (i) through (iv) of
31 subsection (d)(4) onto into a penal grounds institution.
32 (b) A person is absolutely liable for commits the
33 offense of unauthorized possession of contraband on in a
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1 penal grounds institution by an employee when a person who is
2 an employee knowingly and without authority of any person
3 designated or authorized to grant such authority possesses
4 contraband listed in paragraphs (i) through (iv) of
5 subsection (d)(4) on in a penal grounds institution,
6 regardless of the intent with which he possesses it.
7 (c) A person is absolutely liable for commits the
8 offense of unauthorized delivery of contraband onto in a
9 penal grounds institution by an employee when a person who is
10 an employee knowingly and without authority of any person
11 designated or authorized to grant such authority:
12 (1) delivers or possesses with intent to deliver an
13 item of contraband listed in clauses (i) through (xii) of
14 paragraph (4) of subsection (d) to any inmate of a penal
15 institution, or
16 (2) conspires to deliver or solicits the delivery
17 of an item of contraband listed in clauses (i) through
18 (xii) of paragraph (4) of subsection (d) to any inmate of
19 a penal institution, or
20 (3) causes or permits the delivery of an item of
21 contraband listed in clauses (i) through (xii) of
22 paragraph (4) of subsection (d) to any inmate of a penal
23 institution, or
24 (4) permits another person to attempt to deliver an
25 item of contraband listed in clauses (i) through (xii) of
26 paragraph (4) of subsection (d) to any inmate of a penal
27 institution.
28 (d) For purpose of this Section, the words and phrases
29 listed below shall be defined as follows:
30 (0.05) "Penal grounds" shall have the meaning
31 ascribed to it in paragraph (0.05) of subsection (c) of
32 Section 31A-1.1 of this Code;
33 (1) "Penal Institution" shall have the meaning
34 ascribed to it in subsection (c)(1) of Section 31A-1.1 of
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1 this Code;
2 (2) "Employee" means any elected or appointed
3 officer, trustee or employee of a penal institution or of
4 the governing authority of the penal institution, or any
5 person who performs services for the penal institution
6 pursuant to contract with the penal institution or its
7 governing authority.
8 (3) "Deliver" or "delivery" means the actual,
9 constructive or attempted transfer of possession of an
10 item of contraband, with or without consideration,
11 whether or not there is an agency relationship;
12 (4) "Item of contraband" means any of the
13 following:
14 (i) "Alcoholic liquor" as such term is defined
15 in Section 1-3.05 of the Liquor Control Act of 1934.
16 (ii) "Cannabis" as such term is defined in
17 subsection 9a) of Section 3 of the Cannabis Control
18 Act.
19 (iii) "Controlled substance" as such term is
20 defined in the Illinois Controlled Substance Act.
21 (iv) "Hypodermic syringe" or hypodermic
22 needle, or any instrument adapted for use of
23 controlled substances or cannabis by subcutaneous
24 injection.
25 (v) "Weapon" means any knife, dagger, dirk,
26 billy, razor, stiletto, broken bottle, or other
27 piece of glass or other object or instrument which
28 could be used as a dangerous weapon. Such term
29 includes any of the devices or implements designated
30 in subsections (a)(1), (a)(3) and (a)(6) of Section
31 24-1 of this Act, or any other dangerous weapon or
32 instrument of potentially dangerous like character.
33 (vi) "Firearm" means any device, by whatever
34 name known, which is designed to expel a projectile
-16- LRB9001196RCks
1 or projectiles by the action of an explosion,
2 expansion of gas or escape of gas, including but not
3 limited to:
4 (A) any pneumatic gun, spring gun, or B-B
5 gun which expels a single globular projectile
6 not exceeding .18 inch in diameter; or
7 (B) any device used exclusively for
8 signaling or safety and required or recommended
9 by the United States Coast Guard or the
10 Interstate Commerce Commission; or
11 (C) any device used exclusively for the
12 firing of stud cartridges, explosive rivets or
13 industrial ammunition; or
14 (D) any device which is powered by
15 electrical charging units, such as batteries,
16 and which fires one or several barbs attached
17 to a length of wire and which, upon hitting a
18 human, can send out current capable of
19 disrupting the person's nervous system in such
20 a manner as to render him incapable of normal
21 functioning, commonly referred to as a stun gun
22 or taser.
23 (vii) "Firearm ammunition" means any
24 self-contained cartridge or shotgun shell, by
25 whatever name known, which is designed to be used or
26 adaptable to use in a firearm, including but not
27 limited to:
28 (A) any ammunition exclusively designed
29 for use with a device used exclusively for
30 signaling or safety and required or recommended
31 by the United States Coast Guard or the
32 Interstate Commerce Commission; or
33 (B) any ammunition designed exclusively
34 for use with a stud or rivet driver or other
-17- LRB9001196RCks
1 similar industrial ammunition.
2 (viii) "Explosive" means, but is not limited
3 to, bomb, bombshell, grenade, bottle or other
4 container containing an explosive substance of over
5 one-quarter ounce for like purposes such as black
6 powder bombs and Molotov cocktails or artillery
7 projectiles.
8 (ix) "Tool to defeat security mechanisms"
9 means, but is not limited to, handcuff or security
10 restraint key, tool designed to pick locks, or
11 device or instrument capable of unlocking handcuff
12 or security restraints, doors to cells, rooms, gates
13 or other areas of the penal institution.
14 (x) "Cutting tool" means, but is not limited
15 to, hacksaw blade, wirecutter, or device, instrument
16 or file capable of cutting through metal.
17 (xi) "Electronic contraband" means, but is not
18 limited to, any electronic video recording device,
19 computer, or cellular communications equipment,
20 including, but not limited to, cellular telephones,
21 cellular telephone batteries, videotape recorders,
22 pagers, computers, and computer peripheral
23 equipment.
24 (xii) "Chemical agent" means, but is not
25 limited to, mace, tear gas or a similar chemical
26 agent, the dispersion of which causes irritation,
27 discomfort or burning.
28 (e) A violation of paragraphs (a) or (b) of this Section
29 involving alcohol is a Class 4 felony. A violation of
30 paragraph (a) or (b) of this Section involving cannabis is a
31 Class 2 felony. A violation of paragraph (a) or (b)
32 involving any amount of a controlled substance classified in
33 Schedules III, IV or V of Article II of the Controlled
34 Substances Act is a Class 1 felony. A violation of paragraph
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1 (a) or (b) of this Section involving any amount of a
2 controlled substance classified in Schedules I or II of
3 Article II of the Controlled Substances Act is a Class X
4 felony. A violation of paragraph (a) or (b) involving an
5 item of contraband listed in paragraph (iv) of subsection
6 (d)(4) is a Class X felony. A violation of paragraph (a) or
7 (b) involving an item of contraband listed in paragraph (v)
8 of subsection (d)(4) is a Class 1 felony. A violation of
9 paragraph (a) or (b) involving an item of contraband listed
10 in paragraphs (vi), (vii) or (viii) of subsection (d)(4) is a
11 Class X felony.
12 (f) A violation of paragraph (c) of this Section
13 involving alcoholic liquor is a Class 3 felony. A violation
14 of paragraph (c) involving cannabis is a Class 1 felony. A
15 violation of paragraph (c) involving any amount of a
16 controlled substance classified in Schedules III, IV or V of
17 Article II of the Controlled Substances Act is a Class X
18 felony. A violation of paragraph (c) involving any amount of
19 a controlled substance classified in Schedules I or II of
20 Article II of the Controlled Substances Act is a Class X
21 felony for which the minimum term of imprisonment shall be 8
22 years. A violation of paragraph (c) involving an item of
23 contraband listed in paragraph (iv) of subsection (d)(4) is a
24 Class X felony for which the minimum term of imprisonment
25 shall be 8 years. A violation of paragraph (c) involving an
26 item of contraband listed in paragraph (v), (ix), or (x),
27 (xi), or (xii) of subsection (d)(4) is a Class X felony for
28 which the minimum term of imprisonment shall be 10 years. A
29 violation of paragraph (c) involving an item of contraband
30 listed in paragraphs (vi), (vii) or (viii) of subsection
31 (d)(4) is a Class X felony for which the minimum term of
32 imprisonment shall be 12 years.
33 (g) Items confiscated may be retained for use by the
34 Department of Corrections or disposed of as deemed
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1 appropriate by the chief administrative officer in accordance
2 with Department rules or disposed of as required by law.
3 (Source: P.A. 87-905; 88-678, eff. 7-1-95.)
4 (Text of Section after amendment by P.A. 89-688)
5 Sec. 31A-1.2. Unauthorized bringing of contraband onto
6 into a penal grounds institution by an employee; unauthorized
7 possessing of contraband on in a penal grounds institution by
8 an employee; unauthorized delivery of contraband onto in a
9 penal grounds institution by an employee.
10 (a) A person is absolutely liable for commits the
11 offense of unauthorized bringing of contraband onto into a
12 penal grounds institution by an employee when a person who is
13 an employee knowingly and without authority of or any person
14 designated or authorized to grant such authority:
15 (1) brings or attempts to bring an item of
16 contraband listed in paragraphs (i) through (iv) of
17 subsection (d)(4) onto into a penal grounds institution,
18 or
19 (2) causes or permits another to bring an item of
20 contraband listed in paragraphs (i) through (iv) of
21 subsection (d)(4) onto into a penal grounds institution.
22 (b) A person is absolutely liable for commits the
23 offense of unauthorized possession of contraband on in a
24 penal grounds institution by an employee when a person who is
25 an employee knowingly and without authority of any person
26 designated or authorized to grant such authority possesses
27 contraband listed in paragraphs (i) through (iv) of
28 subsection (d)(4) on in a penal grounds institution,
29 regardless of the intent with which he possesses it.
30 (c) A person is absolutely liable for commits the
31 offense of unauthorized delivery of contraband on in a penal
32 grounds institution by an employee when a person who is an
33 employee knowingly and without authority of any person
34 designated or authorized to grant such authority:
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1 (1) delivers or possesses with intent to deliver an
2 item of contraband listed in clauses (i) through (xii) of
3 paragraph (4) of subsection (d) to any inmate of a penal
4 institution, or
5 (2) conspires to deliver or solicits the delivery
6 of an item of contraband listed in clauses (i) through
7 (xii) of paragraph (4) of subsection (d) to any inmate of
8 a penal institution, or
9 (3) causes or permits the delivery of an item of
10 contraband listed in clauses (i) through (xii) of
11 paragraph (4) of subsection (d) to any inmate of a penal
12 institution, or
13 (4) permits another person to attempt to deliver an
14 item of contraband listed in clauses (i) through (xii) of
15 paragraph (4) of subsection (d) to any inmate of a penal
16 institution.
17 (d) For purpose of this Section, the words and phrases
18 listed below shall be defined as follows:
19 (0.05) "Penal grounds" shall have the meaning
20 ascribed to it in paragraph (0.05) of subsection (c) of
21 Section 31A-1.1 of this Code;
22 (1) "Penal Institution" shall have the meaning
23 ascribed to it in subsection (c)(1) of Section 31A-1.1 of
24 this Code;
25 (2) "Employee" means any elected or appointed
26 officer, trustee or employee of a penal institution or of
27 the governing authority of the penal institution, or any
28 person who performs services for the penal institution
29 pursuant to contract with the penal institution or its
30 governing authority.
31 (3) "Deliver" or "delivery" means the actual,
32 constructive or attempted transfer of possession of an
33 item of contraband, with or without consideration,
34 whether or not there is an agency relationship;
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1 (4) "Item of contraband" means any of the
2 following:
3 (i) "Alcoholic liquor" as such term is defined
4 in Section 1-3.05 of the Liquor Control Act of 1934.
5 (ii) "Cannabis" as such term is defined in
6 subsection 9a) of Section 3 of the Cannabis Control
7 Act.
8 (iii) "Controlled substance" as such term is
9 defined in the Illinois Controlled Substance Act.
10 (iv) "Hypodermic syringe" or hypodermic
11 needle, or any instrument adapted for use of
12 controlled substances or cannabis by subcutaneous
13 injection.
14 (v) "Weapon" means any knife, dagger, dirk,
15 billy, razor, stiletto, broken bottle, or other
16 piece of glass or other object or instrument which
17 could be used as a dangerous weapon. Such term
18 includes any of the devices or implements designated
19 in subsections (a)(1), (a)(3) and (a)(6) of Section
20 24-1 of this Act, or any other dangerous weapon or
21 instrument of potentially dangerous like character.
22 (vi) "Firearm" means any device, by whatever
23 name known, which is designed to expel a projectile
24 or projectiles by the action of an explosion,
25 expansion of gas or escape of gas, including but not
26 limited to:
27 (A) any pneumatic gun, spring gun, or B-B
28 gun which expels a single globular projectile
29 not exceeding .18 inch in diameter; or
30 (B) any device used exclusively for
31 signaling or safety and required or recommended
32 by the United States Coast Guard or the
33 Interstate Commerce Commission; or
34 (C) any device used exclusively for the
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1 firing of stud cartridges, explosive rivets or
2 industrial ammunition; or
3 (D) any device which is powered by
4 electrical charging units, such as batteries,
5 and which fires one or several barbs attached
6 to a length of wire and which, upon hitting a
7 human, can send out current capable of
8 disrupting the person's nervous system in such
9 a manner as to render him incapable of normal
10 functioning, commonly referred to as a stun gun
11 or taser.
12 (vii) "Firearm ammunition" means any
13 self-contained cartridge or shotgun shell, by
14 whatever name known, which is designed to be used or
15 adaptable to use in a firearm, including but not
16 limited to:
17 (A) any ammunition exclusively designed
18 for use with a device used exclusively for
19 signaling or safety and required or recommended
20 by the United States Coast Guard or the
21 Interstate Commerce Commission; or
22 (B) any ammunition designed exclusively
23 for use with a stud or rivet driver or other
24 similar industrial ammunition.
25 (viii) "Explosive" means, but is not limited
26 to, bomb, bombshell, grenade, bottle or other
27 container containing an explosive substance of over
28 one-quarter ounce for like purposes such as black
29 powder bombs and Molotov cocktails or artillery
30 projectiles.
31 (ix) "Tool to defeat security mechanisms"
32 means, but is not limited to, handcuff or security
33 restraint key, tool designed to pick locks, or
34 device or instrument capable of unlocking handcuff
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1 or security restraints, doors to cells, rooms, gates
2 or other areas of the penal institution.
3 (x) "Cutting tool" means, but is not limited
4 to, hacksaw blade, wirecutter, or device, instrument
5 or file capable of cutting through metal.
6 (xi) "Electronic contraband" means, but is not
7 limited to, any electronic, video recording device,
8 computer, or cellular communications equipment,
9 including, but not limited to, cellular telephones,
10 cellular telephone batteries, videotape recorders,
11 pagers, computers, and computer peripheral
12 equipment.
13 (xii) "Chemical agent" means, but is not
14 limited to, mace, tear gas, or a similar chemical
15 agent, the dispersion of which causes irritation,
16 discomfort, or burning.
17 (e) A violation of paragraphs (a) or (b) of this Section
18 involving alcohol is a Class 4 felony. A violation of
19 paragraph (a) or (b) of this Section involving cannabis is a
20 Class 2 felony. A violation of paragraph (a) or (b)
21 involving any amount of a controlled substance classified in
22 Schedules III, IV or V of Article II of the Controlled
23 Substances Act is a Class 1 felony. A violation of paragraph
24 (a) or (b) of this Section involving any amount of a
25 controlled substance classified in Schedules I or II of
26 Article II of the Controlled Substances Act is a Class X
27 felony. A violation of paragraph (a) or (b) involving an
28 item of contraband listed in paragraph (iv) of subsection
29 (d)(4) is a Class X felony. A violation of paragraph (a) or
30 (b) involving an item of contraband listed in paragraph (v)
31 or (xi) of subsection (d)(4) is a Class 1 felony. A
32 violation of paragraph (a) or (b) involving an item of
33 contraband listed in paragraphs (vi), (vii) or (viii) of
34 subsection (d)(4) is a Class X felony.
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1 (f) A violation of paragraph (c) of this Section
2 involving alcoholic liquor is a Class 3 felony. A violation
3 of paragraph (c) involving cannabis is a Class 1 felony. A
4 violation of paragraph (c) involving any amount of a
5 controlled substance classified in Schedules III, IV or V of
6 Article II of the Controlled Substances Act is a Class X
7 felony. A violation of paragraph (c) involving any amount of
8 a controlled substance classified in Schedules I or II of
9 Article II of the Controlled Substances Act is a Class X
10 felony for which the minimum term of imprisonment shall be 8
11 years. A violation of paragraph (c) involving an item of
12 contraband listed in paragraph (iv) of subsection (d)(4) is a
13 Class X felony for which the minimum term of imprisonment
14 shall be 8 years. A violation of paragraph (c) involving an
15 item of contraband listed in paragraph (v), (ix), or (x),
16 (xi), or (xii) of subsection (d)(4) is a Class X felony for
17 which the minimum term of imprisonment shall be 10 years. A
18 violation of paragraph (c) involving an item of contraband
19 listed in paragraphs (vi), (vii) or (viii) of subsection
20 (d)(4) is a Class X felony for which the minimum term of
21 imprisonment shall be 12 years.
22 (g) Items confiscated may be retained for use by the
23 Department of Corrections or disposed of as deemed
24 appropriate by the Chief Administrative Officer in accordance
25 with Department rules or disposed of as required by law.
26 (Source: P.A. 88-678, eff. 7-1-95; 89-688, eff. 6-1-97.)
27 Section 10. The Unified Code of Corrections is amended
28 by changing Section 3-8-8 as follows:
29 (730 ILCS 5/3-8-8) (from Ch. 38, par. 1003-8-8)
30 Sec. 3-8-8. Grievances.
31 (a) The Director shall establish procedures to review
32 the grievances of committed persons. The Director may
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1 establish one or more administrative review boards within the
2 Department to review grievances. A committed person's right
3 to file grievances shall not be restricted. Such procedure
4 shall provide for the review of grievances by a person or
5 persons other than the person or persons directly responsible
6 for the conditions or actions against which the grievance is
7 made.
8 (b) Such procedures shall provide that a record of such
9 grievance and any decision made with respect to it shall be
10 preserved for a period of one year.
11 (c) Such procedures shall allow committed persons to
12 communicate grievances directly to the Director or some
13 person designated by the Director outside of the institution
14 or facility where the person is confined.
15 (d) All committed persons shall be informed of the
16 grievance procedures established by the Department and they
17 shall be available to all committed persons.
18 (e) Discipline shall not be imposed because of use of
19 the grievance procedure.
20 (Source: P.A. 77-2097.)
21 Section 95. No acceleration or delay. Where this Act
22 makes changes in a statute that is represented in this Act by
23 text that is not yet or no longer in effect (for example, a
24 Section represented by multiple versions), the use of that
25 text does not accelerate or delay the taking effect of (i)
26 the changes made by this Act or (ii) provisions derived from
27 any other Public Act.
28 Section 99. Effective date. This Act takes effect upon
29 becoming law.