Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 525 - RIGHTS AND PRIVILEGES › Subpart B - MAIL AND TELEPHONE CALLS › Section 525.130 - Outgoing Mail

Current through Register Vol. 48, No. 28, July 12, 2024
This Section applies to all correctional facilities within
				  the Department.
a) Offenders shall be
				permitted to send privileged and non-privileged letters at their own expense.
				Offenders with insufficient money in their trust fund accounts to purchase
				postage shall be permitted to send reasonable amounts of legal mail and mail to
				clerks of any court or the Illinois Court of Claims, to certified court
				reporters, to the Administrative Review Board, and to the Prisoner Review Board
				at State expense if they attach signed money vouchers authorizing deductions of
				future funds to cover the cost of the postage. The offender's trust fund
				account shall be restricted for the cost of such postage until paid or the
				offender is released or discharged, whichever is soonest.
b) Offenders must clearly mark all outgoing
				mail with their name and in adult facilities with their institutional number.
				Mail that is not properly marked, including privileged mail, shall be opened
				and returned to the sender if the sender's identity can be determined. If the
				sender's identity cannot be determined, the mail shall be destroyed.
c) Outgoing privileged mail must be clearly
				marked as "privileged" and sealed by the offender. Outgoing mail which is
				clearly marked as privileged and addressed to a privileged party may not be
				opened for inspection except as provided in subsection (d) of this
				Section.
d) In adult facilities,
				outgoing privileged mail shall be examined for dangerous contraband, using an
				x-ray, fluoroscope, or other similar device. Such examination may be conducted
				in juvenile facilities. Outgoing privileged mail may be inspected for dangerous
				contraband by other means which do not damage the mail and which do not permit
				the mail to be read. Except in an emergency, outgoing privileged mail shall not
				be opened, unless there is reasonable suspicion that dangerous contraband is
				contained therein, legal services is consulted, and the mail is opened in the
				offender's presence.
e) With the
				exception of privileged mail, all mail shall be unsealed when collected or
				placed in housing unit mailboxes. Sealed mail that is not privileged will be
				opened and returned to the sender if the sender's identity can be determined.
				If the sender's identity cannot be determined, the mail shall be
				destroyed.
f) Each correctional
				facility shall establish procedures for the collection of outgoing mail.
				Collections shall be made daily, Monday through Friday, except on State
				holidays. Every effort shall be made to ensure that mail is delivered to the
				U.S. Postal Service on the same day.
g) Outgoing non-privileged mail shall be
				inspected for contraband. If a letter from an offender is confiscated because
				it contains contraband, the offender shall be notified promptly in
				writing.
h) Department employees
				may spot check and read outgoing non-privileged mail. Outgoing non-privileged
				mail or portions thereof may be reproduced or withheld from delivery if it
				presents a threat to security or safety, including the following:
1) The letter contains threats of physical
				harm against any person or threats of criminal activity;
2) The letter contains threats of blackmail
				or extortion;
3) The letter
				contains information regarding sending contraband into or out of the facility,
				plans to escape, or plans to engage in criminal activity;
4) The letter is in code and its contents
				cannot be understood by correctional staff;
5) The letter violates any departmental rules
				or contains plans to engage in activities in violation of departmental or
				institutional rules;
6) The letter
				solicits gifts, goods, or money from other than family members;
7) The letter contains information which, if
				communicated, might result in physical harm to another;
8) The letter contains unauthorized
				correspondence with another offender; or
9) The letter or contents thereof constitute
				a violation of State or federal law.