CHAPTER 720, ILCS 5/ - CRIMINAL CODE DIVISION I

720 ILCS 5/31A-1.2

Sec. 31A-1.2. Unauthorized bringing of contraband into a penal institution by an employee; unauthorized possessing of contraband in a penal institution by an employee; unauthorized delivery of contraband in a penal institution by an employee.

Illinois Compiled Statute
720 ILCS 5/31A-1.2
Offense Description
Unauthorized bringing/possession or delivery of contraband by penal employee
Offense Classification
Class 1 Felony
Statutory Penalties & Sentencing Scope
4 to 15 years IDOC (Probation eligible unless aggravated) · Fine up to $25,000
Supreme Court Rule 551 Mandatory Court Appearance
Under Illinois Supreme Court Rule 551, personal court appearance before a judge is mandatory. The defendant cannot satisfy this charge by mail, electronic payment, or pre-set bail forfeiture.
SAFE-T Act Pretrial Detention Eligibility (725 ILCS 5/110-6.1)
Presumptive Pretrial Release: This offense is non-detainable under 725 ILCS 5/110-6.1. The defendant is entitled to release on personal recognizance with non-monetary conditions unless charged with a subsequent detainable violation.
Secretary of State Driver's License Action
Standard Administrative Protocol: No automatic driver's license suspension or mandatory revocation is triggered by this offense code alone upon citation.
EXECUTIVE SYNOPSIS · ILLINOIS LEGAL STANDARDS Governing Authority: ILGA & Supreme Court Rules

Under Illinois law, 720 ILCS 5/31A-1.2 (Unauthorized bringing/possession or delivery of contraband by penal employee) is classified as a Class 1 Felony. Statutory sentencing scope: 4 to 15 years IDOC (Probation eligible unless aggravated) · Fine up to $25,000. Court appearance is mandatory under Illinois Supreme Court Rule 551, and pretrial release is presumptively release-eligible under the SAFE-T Act.

Offense Class & Sentencing Scope Class 1 Felony

4 to 15 years IDOC (Probation eligible unless aggravated) · Fine up to $25,000

Court Appearance Mandate Rule 551 Mandatory Court

Under Illinois Supreme Court Rule 551, personal court appearance before a judge is mandatory. The defendant cannot satisfy this charge by mail, electronic payment, or pre-set bail forfeiture.

Pretrial Fairness Act (SAFE-T Act) Presumptive Pretrial Release

Presumptive Pretrial Release: This offense is non-detainable under 725 ILCS 5/110-6.1. The defendant is entitled to release on personal recognizance with non-monetary conditions unless charged with a subsequent detainable violation.

Secretary of State License Sanction Standard Administrative Protocol

No automatic driver's license suspension or mandatory revocation is triggered by this offense code alone upon citation.

Classification Class 1 Felony
Court Appearance Mandatory Court Appearance (Rule 551)
SAFE-T Act Detention Release Eligible (Conditions Apply)
SOS Reporting Code None Assigned

Associated Offense Codes & Classifications (1)

Offense Description Class Court Mandate SAFE-T Act Reporting Code Official ILGA
Unauthorized bringing/possession or delivery of contraband by penal employee Official ILGA · 720 ILCS 5/31A-1.2 -> Class 1 Felony Rule 551 Mandate Release Eligible — ILGA.gov ->

Illinois General Assembly Statutory Text (Verbatim)

Source: ilga.gov ->

Sec. 31A-1.2. Unauthorized bringing of contraband into a penal institution by an employee; unauthorized possessing of contraband in a penal institution by an employee; unauthorized delivery of contraband in a penal institution by an employee.

(a)

(a) A person commits unauthorized bringing of contraband into 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 this authority:

(1)

(1) brings or attempts to bring an item of contraband into a penal institution, or (2) causes or permits another to bring an item of contraband into a penal institution. (b) A person commits unauthorized possession 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 this authority possesses an item of contraband in a penal institution, regardless of the intent with which he or she possesses it.

(c)

(c) A person commits 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 this authority:

(1)

(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 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)

(e) Sentence.

(1)

(1) 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 a hypodermic syringe is a Class X felony. A violation of paragraph (a) or (b) involving a weapon, tool to defeat security mechanisms, cutting tool, or electronic contraband is a Class 1 felony. A violation of paragraph (a) or (b) involving a firearm, firearm ammunition, or explosive is a Class X felony. (2) 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 a hypodermic syringe is a Class X felony for which the minimum term of imprisonment shall be 8 years. A violation of paragraph (c) involving a weapon, tool to defeat security mechanisms, cutting tool, or electronic contraband is a Class X felony for which the minimum term of imprisonment shall be 10 years. A violation of paragraph (c) involving a firearm, firearm ammunition, or explosive is a Class X felony for which the minimum term of imprisonment shall be 12 years. (f) 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.

(g)

(g) For a violation of subsection (a) or (b) involving alcoholic liquor, a weapon, firearm, firearm ammunition, tool to defeat security mechanisms, cutting tool, or electronic contraband, the items shall not be considered to be in a penal institution when they are secured in an employee's locked, private motor vehicle parked on the grounds of a penal institution.

(Source: P.A. 96-328, eff. 8-11-09; 96-1112, eff. 1-1-11; 96-1325, eff. 7-27-10; 97-333, eff. 8-12-11; 97-1108, eff. 1-1-13.)

Frequently Asked Questions & Legal Analysis

Authoritative Statutory Guidance
What is the statutory penalty and sentencing range for 720 ILCS 5/31A-1.2 in Illinois?

Under Illinois law, 720 ILCS 5/31A-1.2 (Unauthorized bringing/possession or delivery of contraband by penal employee) is classified as a Class 1 Felony.

Sentencing Scope: 4 to 15 years IDOC (Probation eligible unless aggravated) · Fine up to $25,000

Is a court appearance mandatory for 720 ILCS 5/31A-1.2 under Illinois Supreme Court Rule 551?

Mandatory Personal Appearance Required: Under Illinois Supreme Court Rule 551, personal court appearance before a judge is mandatory. The defendant cannot satisfy this charge by mail, electronic payment, or pre-set bail forfeiture.

Is an individual accused of 720 ILCS 5/31A-1.2 detainable before trial under the SAFE-T Act?

Presumptive Pretrial Release: Presumptive Pretrial Release: This offense is non-detainable under 725 ILCS 5/110-6.1. The defendant is entitled to release on personal recognizance with non-monetary conditions unless charged with a subsequent detainable violation.

What Secretary of State driver's license sanctions apply to 720 ILCS 5/31A-1.2?

Standard Administrative Protocol: No automatic driver's license suspension or mandatory revocation is triggered by this offense code alone upon citation.

Official Legal Citation Formats

Legal & Academic Reference

Standardized legal citations for briefs, court pleadings, law enforcement documentation, and academic research.

Illinois Supreme Court Citation 720 ILCS 5/31A-1.2 (West 2026)
The Bluebook Style (21st ed.) 720 Ill. Comp. Stat. 5/31A-1.2 (2026)
Canonical Web Reference https://ilcsindex.com/statutes/720-ilcs-5-31a-1.2
Cross-Referenced ILCS Codes