2010 Pennsylvania Code
Title 18 - CRIMES AND OFFENSES
Chapter 51 - Obstructing Governmental Operations
5123 - Contraband.

     § 5123.  Contraband.
        (a)  Controlled substance contraband to confined persons
     prohibited.--A person commits a felony of the second degree if
     he sells, gives, transmits or furnishes to any convict in a
     prison, or inmate in a mental hospital, or gives away in or
     brings into any prison, mental hospital, or any building
     appurtenant thereto, or on the land granted to or owned or
     leased by the Commonwealth or county for the use and benefit of
     the prisoners or inmates, or puts in any place where it may be
     secured by a convict of a prison, inmate of a mental hospital,
     or employee thereof, any controlled substance included in
     Schedules I through V of the act of April 14, 1972 (P.L.233,
     No.64), known as The Controlled Substance, Drug, Device and
     Cosmetic Act, (except the ordinary hospital supply of the prison
     or mental hospital) without a written permit signed by the
     physician of such institution, specifying the quantity and
     quality of the substance which may be furnished to any convict,
     inmate, or employee in the prison or mental hospital, the name
     of the prisoner, inmate, or employee for whom, and the time when
     the same may be furnished, which permit shall be delivered to
     and kept by the warden or superintendent of the prison or mental
     hospital.
        (a.1)  Mandatory minimum penalty.--Any person convicted of a
     violation of subsection (a) shall be sentenced to a minimum
     sentence of at least two years of total confinement,
     notwithstanding any other provision of this title or any other
     statute to the contrary. Nothing in this subsection shall
     prevent the sentencing court from imposing a sentence greater
     than that provided in this subsection, up to the maximum penalty
     prescribed by this title for a felony of the second degree.
     There shall be no authority in any court to impose on an
     offender to which this subsection is applicable any lesser
     sentence than provided for in subsection (a) or to place such
     offender on probation or to suspend sentence. Sentencing
     guidelines promulgated by the Pennsylvania Commission on
     Sentencing shall not supersede the mandatory sentences provided
     in this subsection. If a sentencing court refuses to apply this
     subsection where applicable, the Commonwealth shall have the
     right to appellate review of the action of the sentencing court.
     The appellate court shall vacate the sentence and remand the
     case to the sentencing court for imposition of a sentence in
     accordance with this subsection if it finds that the sentence
     was imposed in violation of this subsection.
        (a.2)  Possession of controlled substance contraband by
     inmate prohibited.--A prisoner or inmate commits a felony of the
     second degree if he unlawfully has in his possession or under
     his control any controlled substance in violation of section
     13(a)(16) of The Controlled Substance, Drug, Device and Cosmetic
     Act. For purposes of this subsection, no amount shall be deemed
     de minimis.
        (b)  Money to inmates prohibited.--A person commits a
     misdemeanor of the third degree if he gives or furnishes money
     to any inmate confined in a State or county correctional
     institution, provided notice of this prohibition is adequately
     posted at the institution. A person may, however, deposit money
     with the superintendent, warden, or other authorized individual
     in charge of a State or county correctional institution for the
     benefit and use of an inmate confined therein, which shall be
     credited to the inmate's account and expended in accordance with
     the rules and regulations of the institution. The person making
     the deposit shall be provided with a written receipt for the
     amount deposited.
        (c)  Contraband other than controlled substance.--A person
     commits a misdemeanor of the first degree if he sells, gives or
     furnishes to any convict in a prison, or inmate in a mental
     hospital, or gives away in or brings into any prison, mental
     hospital, or any building appurtenant thereto, or on the land
     granted to or owned or leased by the Commonwealth or county for
     the use and benefit of the prisoners or inmates, or puts in any
     place where it may be secured by a convict of a prison, inmate
     of a mental hospital, or employee thereof, any kind of
     spirituous or fermented liquor, medicine or poison (except the
     ordinary hospital supply of the prison or mental hospital)
     without a written permit signed by the physician of such
     institution, specifying the quantity and quality of the
     substance which may be furnished to any convict, inmate or
     employee in the prison or mental hospital, the name of the
     prisoner, inmate or employee for whom, and the time when the
     same may be furnished, which permit shall be delivered to and
     kept by the warden or superintendent of the prison or mental
     hospital.
        (c.1)  Telecommunication devices to inmates prohibited.--A
     person commits a misdemeanor of the first degree if, without the
     written permission of superintendent, warden or otherwise
     authorized individual in charge of a correctional institution,
     prison, jail, detention facility or mental hospital, he sells,
     gives or furnishes to any inmate in a correctional institution,
     prison, jail, detention facility or mental hospital, or any
     building appurtenant thereto, or puts in any place where it may
     be obtained by an inmate of a correctional institution, prison,
     jail, detention facility or mental hospital, any
     telecommunication device.
        (c.2)  Possession of telecommunication devices by inmates
     prohibited.--An inmate in a correctional institution, prison,
     jail, detention facility or mental hospital, or any building
     appurtenant thereto, commits a misdemeanor of the first degree
     if he has in his possession any telecommunication device without
     the written permission of the superintendent, warden or
     otherwise authorized individual in charge of a correctional
     institution, prison, jail, detention facility or mental
     hospital.
        (d)  Drug-sniffing animals.--Any jail or prison may use dogs
     or other animals trained to sniff controlled substances or other
     contraband for such purposes in or on any part of the jail or
     prison at any time.
        (e)  Definitions.--As used in this section, the following
     words and phrases shall have the meanings given to them in this
     subsection:
        "Inmate."  A male or female offender who is committed to,
     under sentence to or confined in a penal or correctional
     institution.
        "Telecommunication device."  Any type of instrument, device,
     machine or equipment which is capable of transmitting
     telephonic, electronic, digital, cellular or radio
     communications or any part of such instrument, device, machine
     or equipment which is capable of facilitating the transmission
     of telephonic, electronic, digital, cellular or radio
     communications. The term shall include, but not be limited to,
     cellular phones, digital phones and modem equipment devices.
     (June 23, 1978, P.L.498, No.77, eff. 60 days; Dec. 19, 1988,
     P.L.1275, No.158, eff. 60 days; Dec. 22, 1989, P.L.753, No.105,
     eff. 60 days; July 6, 1995, 1st Sp.Sess., P.L.1049, No.18, eff.
     60 days; June 25, 1997, P.L.284, No.26, eff. 60 days; June 28,
     2002, P.L.494, No.84, eff. 60 days)

        2002 Amendment.  Act 84 added subsecs. (c.1), (c.2) and (e).
        1997 Amendment.  Act 26 amended subsec. (a.2).
        1995 Amendment.  Act 18, 1st Sp.Sess., added subsecs. (a.1),
     (a.2) and (d).
        1989 Amendment.  Act 105 amended subsec. (a) and added
     subsec. (c).
        Cross References.  Section 5123 is referred to in section
     3513 of Title 61 (Prisons and Parole).

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