Section 525.145  Security Measures for Incoming Mail

a)         The Department shall take affirmative security measures for incoming non- privileged mail to prevent the introduction of contraband through the mail system.

1)         At a minimum, the Department shall implement incoming non-privileged mail procedures ensuring that any item entering the facility is inspected, screened, or otherwise processed in a manner that reduces the risk of dangerous contraband entering through the mail or other mail-related mediums.

2)         Methods of reducing contraband risk include:

A)        Implementing mail digitization by scanning incoming non-privileged mail to create an electronic or digitized version, that is then:

i)          Digitally distributed to the individual in custody by uploading it to their electronic device; or

ii)         Physically distributed to the individual in custody by printing a copy and delivering it to them.

B)        Producing photocopies of incoming non-privileged mail and delivering only copies of the original.

3)         Any contract agreement with a third-party vendor shall comply with all information security and data privacy policies stipulated by the State of Illinois Department of Innovation and Technology.

4)         Neither the Department nor any vendor with whom the Department contracts for the purpose of collecting, scanning, storing, transmitting, and/or deleting the mail of an individual in custody shall knowingly collect biometric identifiers or information in connection with processed mail.

5)         Neither the Department nor any vendor with whom the Department contracts for the purpose of collecting, scanning, storing, transmitting, and/or deleting the mail of an individual in custody, or any subcontractor of such a vendor, shall sell, trade or lease any data or metadata collected.

6)         The Department shall print and physically deliver a copy of a piece of non-privileged mail to the individual in custody to whom it is addressed at no cost to the individual in custody when the piece of mail has not already been printed and physically delivered to the individual in custody and:

A)        The individual in custody requests that the piece of mail is printed; or

B)        The individual in custody cannot adequately access the piece of mail via the electronic device for reasons including disability or impairment, placement in restrictive housing, technological malfunction, or any other reason.

7)         All scans, photocopies, prints, and other reproductions of mail intended for delivery to individuals in custody shall be clear, complete, and legible.  Mail that is issued to an individual in custody in a form that is not clear, complete, and legible shall be promptly re-issued in a clear, complete, and legible form.

b)         The Department shall take affirmative security measures for incoming privileged mail to prevent the introduction of contraband through the mail system.

1)         Any security measure or protocol implemented by the Department shall preserve the privileged mail nature of the communication.

2)         Security measures or protocols shall not include copying, scanning, imaging, or otherwise reproducing privileged mail in any form.  All security measures and protocols for incoming privileged mail shall occur at the facility where the recipient is located.  The Department shall not send incoming privileged mail to any offsite location for inspection, processing, or any other procedure.

3)         Beginning July 1, 2026, the Department shall utilize a multi-factor authentication system that allows the Department to confirm the identity of the sender of a piece of privileged mail. If multi-factor authentication is unable to confirm the identity of the sender, the Department shall conduct further review to confirm the identity of the sender.  Once the identity of the sender is confirmed, privileged mail shall be processed in accordance with Section 525.140.

A)        The multi-factor authentication system shall not delay the delivery of privileged mail to individuals in custody.

B)        For bulk legal mail sent to large volume of individuals in custody, the sender may contact the Department for a modified confirmation of identity through the multi-factor authentication system.  The confirmation shall allow the sender to complete its bulk mailing without producing an individual authorization for each recipient. The Department shall provide the modified confirmation within one week of receiving the bulk mail request.

C)        The Department shall not deny registration under the multi-factor authentication system to any individual, organization, or office that meets the definition of a legal or privileged mail sender in Section 525.110(i) or (k).

c)         Exclusion. The Director may exclude incoming mail from the security measures required by this Section to promote the effective administration of the mail system.

1)         The Director may exclude incoming mail from the security measures required by this Section when the item presents no material security risk, handling the original is operationally more efficient than the alternative, including when:

A)        There is an unforeseen circumstance, such as a power failure, that impacts the Department's ability to timely process incoming mail;

B)        The mail is sent through inter-office mail by the Department staff in the following roles:

i)          Assistant Director, Chiefs, and Deputy Directors;

ii)         Department attorneys;

iii)        PREA Coordinator; or

iv)        Americans with Disabilities Act coordinator;

C)        The mail is part of a mass mailing; or

D)        Delivery of the original is required for compliance with State or federal law.

2)         This subsection (c) shall not be construed to permit the Director to indefinitely or arbitrarily suspend the security measures required by this Section.

3)         No exclusions under this Section shall be utilized to show preferential treatment to one individual in custody.

(Source:  Added at 50 Ill. Reg. 1047, effective January 9, 2026)