ADMINISTRATIVE CODE TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT CHAPTER I: DEPARTMENT OF CORRECTIONS SUBCHAPTER e: OPERATIONS PART 525 RIGHTS AND PRIVILEGES SECTION 525.140 INCOMING MAIL
Section 525.140 Incoming Mail
a) Incoming privileged mail must be clearly marked as asserting the communication is privileged mail as defined in Section 525.110(h) by including language such as, but not limited to, "Privileged", "Confidential", "Attorney Correspondence", and "Legal Mail" and must be clearly marked with the name, title, and address of the sender.
b) Incoming privileged mail shall be opened in the presence of the individual in custody to whom it is addressed to inspect for contraband, to verify the identity of the sender, and to determine that nothing other than legal or official matter is enclosed.
c) Incoming privileged mail may contain communications only from the privileged correspondent whose name and address appear on the envelope. If non-privileged material or correspondence from a third party is found to be enclosed, such material shall be treated as non-privileged mail.
d) All incoming non-privileged mail must be clearly marked with the name and address of the sender.
e) All incoming non-privileged mail, including mail from clerks of courts, shall be opened and inspected for contraband.
f) Cashier's checks, money orders, and business checks subject to the restrictions imposed by 20 Ill. Adm. Code 205 shall be deposited in the individual in custody's trust fund account, with a record made of the sender's name, the amount received, and the date. For purposes of this Section, a business check shall mean a check written on any agency's or firm's account and any check written on an employer's personal account for wages due to a person assigned to a transition center. Individuals in custody shall be notified of all monies received and deposited in their trust fund accounts. However, any checks or money orders which exceed the limitation on the amounts (20 Ill. Adm. Code 205) shall be returned to the sender, and the individual in custody shall be notified.
g) Personal checks and cash shall be returned to the sender, and the sender shall be notified that funds cannot be received in that form.
h) Correctional officials may spot check and read incoming non-privileged mail. Incoming mail or portions thereof may be inspected, reproduced, or withheld from delivery for any of the reasons listed in Section 525.130(h) or in Subpart C.
i) When an individual in custody is prohibited from receiving a letter or portions thereof, or other incoming non-privileged mail, the individual in custody and the sender shall be notified in writing of the proposed rejection. Notification to the sender shall include the reasons for the proposed rejection and that the proposed rejection may be appealed, and an explanation of the appeal process. Appeals must be submitted no later than 21 days from the date of the notification. The Chief Administrative Officer or their designee shall make the final decision regarding the sender's appeal and send the final decision to the sender within 60 days of receiving the appeal. If the appeal is denied, the decision shall specify which criteria listed in 20 Ill. Adm. Code 525.130(h) the mail meets. An individual in custody may utilize the grievance procedures in accordance with 20 Ill. Adm. Code 504 Subpart F to address the proposed rejection.
j) If an individual in custody has been transferred or released, first class mail shall be forwarded to the person if the address is known. If no forwarding address is available, the mail shall be returned to the sender.
k) If an individual in custody has been absent from the facility on a furlough or pursuant to writ, the person's mail shall be held at the facility for a period of one month, unless the individual in custody has made a written request to the Chief Administrative Officer to have the mail forwarded to another address. At the conclusion of the month, first class mail shall be forwarded to the individual in custody's address, if known, or returned to the sender, unless alternative arrangements have been made.
l) Individuals in custody may receive publications, including books, periodicals and catalogs, in accordance with Subpart C, and may receive typewriters ordered directly from a supplier through the commissary. Other packages may be received only as approved by the Chief Administrative Officer. All packages shall be opened and searched prior to delivery.
m) Photographs received through the mail for an individual in custody will be delivered to the individual in custody directly and without digitization when they are delivered directly from a legitimate and verifiable business that prints and distributes photographs through the mail, are free of contraband, are unopened, and include the original watermark(s).
(Source: Amended at 50 Ill. Reg. 1047, effective January 9, 2026) |