TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER I: DEPARTMENT OF CORRECTIONS
SUBCHAPTER e: OPERATIONS
PART 525
RIGHTS AND PRIVILEGES
SECTION 525.10 APPLICABILITY
Section 525.10 Applicability
This Subpart applies to all
correctional facilities within the Department of Corrections.
(Source: Amended at 27 Ill.
Reg. 8039, effective July 1, 2003)
ADMINISTRATIVE CODE TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER I: DEPARTMENT OF CORRECTIONS
SUBCHAPTER e: OPERATIONS
PART 525 RIGHTS AND PRIVILEGES
SECTION 525.12 DEFINITIONS
Section 525.12 Definitions
"Chief
Administrative Officer" means the highest ranking official of a
correctional facility.
"Department"
means the Department of Corrections.
"Director"
means the Director of the Department of Corrections.
"Offender"
means a person committed to the Department or to the custody of the Department.
(Source: Amended at 27 Ill.
Reg. 8039, effective July 1, 2003)
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ADMINISTRATIVE CODE TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER I: DEPARTMENT OF CORRECTIONS
SUBCHAPTER e: OPERATIONS
PART 525 RIGHTS AND PRIVILEGES
SECTION 525.15 RESPONSIBILITIES
Section 525.15
Responsibilities
a) Unless otherwise specified, the Director or Chief
Administrative Officer may delegate responsibilities stated in this Subpart to
another person or persons or designate another person or persons to perform the
duties specified.
b) No other individual may routinely perform duties whenever a
Section in this Subpart specifically states the Director or Chief
Administrative Officer shall personally perform the duties. However, the
Director or Chief Administrative Officer may designate another person or persons
to perform the duties during periods of his or her temporary absence or in an
emergency.
(Source: Amended at 20 Ill. Reg. 15960, effective January 1, 1997)
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ADMINISTRATIVE CODE TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER I: DEPARTMENT OF CORRECTIONS
SUBCHAPTER e: OPERATIONS
PART 525 RIGHTS AND PRIVILEGES
SECTION 525.20 VISITING PRIVILEGES
Section 525.20 Visiting
Privileges
a) The Chief Administrative Officer of each correctional facility
shall establish regular visiting hours.
1) All rules and regulations pertaining to visiting shall be
posted and made available to visitors and offenders.
2) Visitors who travel great distances to visit an offender may
request extended visits. These requests should be submitted sufficiently in advance
to the Chief Administrative Officer for consideration.
3) Visitors shall be subject to search in accordance with 20 Ill.
Adm. Code 501.220.
4) Visitors may be permitted to wear religious headgear if:
A) There are no safety or security concerns; and
B) The headgear has been removed and thoroughly searched; and
C) The visitor has indicated that the headgear has religious
significance; and
D) Either:
i) The headgear is a kufi, yarmulke, turban, habit, or fez; or
ii) A written request to wear headgear other than those listed in
subsection (a)(4)(D)(i) of this Section was submitted to the Chief
Administrative Officer at least ten days prior to the visit and the Chief
Administrative Officer approved the request. Failure to submit a timely
request shall result in denial of the request.
5) All offenders' visits shall be subject to monitoring and
recording at any time by departmental staff, unless prior special arrangements
have been made for confidential attorney visits or other privileged visits. For
purposes of this Section, a privileged visit means any conversation or
communication between visitors that is protected by a privilege of law or by
decision, rule, or order of the Illinois Supreme Court. Notices stating that
visits are subject to monitoring and recording shall be posted in places in
which offenders are normally permitted to visit and in the offenders' orientation
manual.
6) Visits may be restricted to non-contact visits by the Chief
Administrative Officer for reasons of safety, security, and order. This may
include, but not be limited to, restricting visits to non-contact visits for offenders
known or believed to be engaged in gang activity.
A) Offenders who are assigned to an adult closed maximum security
or who are in disciplinary segregation or who are extremely high escape risks
shall be restricted to non-contact visits.
B) Offenders found in possession of illegal drugs or who fail a drug
test shall be restricted to non-contact visits for at least 6 months.
C) Offenders involved in gang activity or found guilty of assault
against a Department employee in accordance with 20 Ill. Adm. Code 504 shall be
restricted to non-contact visits for a period of at least 6 months.
b) At the time of admission to a reception and classification
center, an offender shall submit a list of proposed visitors to designated
facility staff. A visiting list shall be established after verification,
review, and approval by the Chief Administrative Officer. Permission to visit
may be denied due to the safety, security, or operations of the facility. Visitors
must be approved in order to visit.
1) Department staff may interview or request background information
from potential visitors to determine whether the individual would pose a threat
to the safety or security of the facility or any person or to the order of the
facility.
2) Visitors 17 years of age or older must be on the approved list
in order to visit.
A) An individual 12 years through 16 years of age who is not a
member of the offender's immediate family may only visit with the written
consent of his or her parent or guardian. Immediate family shall include
children, brothers, sisters, grandchildren, whether step, adopted, half, or
whole, and spouses.
B) When visiting, anyone under the age of 17 years must be
accompanied by an approved visitor who is 17 years of age or older, unless
prior written approval has been granted by the Chief Administrative Officer.
C)) Visitors under 12 years of age may only be permitted to visit:
i) When accompanied by a parent or guardian who is an approved
visitor;
ii) When prior written consent has been given by a parent or
guardian who is in the free community for the child to visit when accompanied
by an approved visitor designated in writing who is at least 17 years of age;
or
iii) As otherwise approved by the Chief Administrative Officer.
3) In determining whether an exception shall be granted pursuant
to subsections (b)(2)(B) and (C), the Chief Administrative Officer may
consider, among other factors, the proposed visitor's age, emancipation, and
relationship to the offender; whether a legal guardian has been appointed for
the proposed visitor; the inability of an approved visitor to accompany the
proposed visitor; and any applicable court order.
4) A proposed visitor who has been convicted of a criminal
offense or who has criminal charges pending, including, but not limited to, an
individual on bond, parole, mandatory supervised release, or probation or an
ex-offender, may visit an offender only with the written approval of the Chief
Administrative Officer. In determining whether to approve or deny a request,
the Chief Administrative Officer may consider, among other matters, the
following:
A) The nature, seriousness, and the date of commission of the
offense.
B) The proposed visitor's criminal history.
C) The proposed visitor's relationship to the offender.
D) The date of discharge from parole, supervision, or probation or
of completion of service of a term of incarceration.
5) The number of approved visitors may be limited by the
Department due to operations and security reasons. Any limitations imposed
shall be conveyed to offenders.
6) Offenders may request to change the names of requested
visitors no more frequently than monthly except in emergencies or to add or
change attorney names.
7) A visitor may be disapproved at any time by the Chief
Administrative Officer in accordance with this Subpart.
(Source: Amended at 27 Ill.
Reg. 8039, effective July 1, 2003)
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 | TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER I: DEPARTMENT OF CORRECTIONS
SUBCHAPTER e: OPERATIONS
PART 525
RIGHTS AND PRIVILEGES
SECTION 525.30 CLERGY VISITATION
Section 525.30 Clergy
Visitation
Clergy and religious leaders
from religious groups may visit offenders during regularly scheduled visiting
hours and during other hours as approved by the Chief Administrative Officer
subject to safety and security concerns.
(Source: Amended at 27 Ill.
Reg. 8039, effective July 1, 2003)
ADMINISTRATIVE CODE TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER I: DEPARTMENT OF CORRECTIONS
SUBCHAPTER e: OPERATIONS
PART 525 RIGHTS AND PRIVILEGES
SECTION 525.40 ATTORNEY VISITATION - ADULT DIVISION
Section 525.40 Attorney
Visitation − Adult Division
a) Licensed attorneys and any investigators, law students, or
paralegals working under their supervision may visit an offender during
regularly scheduled visiting hours unless permission has been granted by the
Chief Administrative Officer to visit during other hours.
b) Investigators, law students, or paralegals shall be required
to present a written statement from a registered attorney indicating that they
are working under the supervision of an attorney who is representing an
offender and indicating the names of the offenders with whom they are
authorized to visit.
c) Attorneys or those working under their supervision are
requested to notify the Chief Administrative Officer of the designated time and
date of the visit at least two days in advance of the visit in order to make
special visiting room arrangements.
(Source: Amended at 27 Ill.
Reg. 8039, effective July 1, 2003)
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ADMINISTRATIVE CODE TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER I: DEPARTMENT OF CORRECTIONS
SUBCHAPTER e: OPERATIONS
PART 525 RIGHTS AND PRIVILEGES
SECTION 525.50 ATTORNEY VISITATION - JUVENILE DIVISION (COURT AGREEMENT)
Section 525.50 Attorney
Visitation − Juvenile Division (Court Agreement)
a) To assure that persons committed to the Juvenile Division may
privately confer in person with attorneys of their choice or with attorneys
retained by their parents or with attorneys appointed by courts, the following
procedures are established:
1) Attorneys may routinely visit offenders between the hours of
9:00 a.m. and 5:00 p.m. daily, unless other arrangements have been made with
the Chief Administrative Officer of the facility.
A) Except in emergencies, at least 24 hours before the visit,
attorneys are requested to notify an employee of the facility designated by the
Chief Administrative Officer to arrange visitations, the date and time at which
they wish to confer with the offender.
B) The designated employee will immediately confirm or deny the arrangements.
2) The visiting attorneys may establish that they are attorneys
registered with the Attorney Registration and Disciplinary Commission of the
Supreme Court of Illinois (130 East Randolph, Suite 1500, Chicago, Illinois
60601) by exhibiting their Commission identification card.
A) If no card is available, the facility shall call the Commission
(800/826-8625 or 312/565-2600) to determine if the attorneys are registered.
B) Visiting attorneys not listed with the Commission or those
practicing out of state shall be approved by the Chief Administrative Officer
only after it has been established that they are licensed to practice law.
3) Any time prior to any attorney-offender conference, the offender
shall sign an authorization. The authorization shall be filed in the offender's
master record file and shall be substantially in the following form:
I, (name of offender), hereby authorize (name of attorney),
Attorney at Law, to represent me as my attorney and advocate.
A) In the event that the offender's written authorization is not
submitted for the attorney, the designated employee will immediately confer
with the offender for the purpose of obtaining written authorization.
B) In lieu of the above authorization, any time prior to the
visit, an attorney may present a copy of a court order appointing the attorney
to represent the offender.
b) The aforementioned shall apply also to law students,
paralegals, or attorneys' agents to the extent that such persons present a
written statement from registered attorneys indicating that the person is
working under the supervision of an attorney.
c) Before this Section of the Subpart may be modified, the
Department legal staff shall be consulted. This Section was promulgated
pursuant to the settlement of litigation by order of the court. It may not be
modified without the approval of the court.
(Source: Amended at 27 Ill.
Reg. 8039, effective July 1, 2003)
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ADMINISTRATIVE CODE TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER I: DEPARTMENT OF CORRECTIONS
SUBCHAPTER e: OPERATIONS
PART 525 RIGHTS AND PRIVILEGES
SECTION 525.60 RESTRICTION OF VISITORS
Section 525.60 Restriction
of Visitors
a) The Chief Administrative Officer may limit the frequency and
duration of visits in accordance with the availability of space and staff.
b) The Chief Administrative Officer may limit the number of
persons allowed per visit in accordance with considerations of space, time, and
security.
c) Visiting privileges may be temporarily suspended by the Chief
Administrative Officer during an institutional emergency or lockdown and for a
reasonable time thereafter, upon the approval of the Director.
d) Visitors and offenders shall not be permitted to exchange any
item during a visit, except with prior approval of the Chief Administrative
Officer.
e) The Chief Administrative Officer may deny, suspend, or
restrict visiting privileges based, among other matters, upon the following:
1) Security and safety requirements;
2) Space availability;
3) Disruptive conduct of the offender or visitor;
4) Abuse of the visiting privileges by the offender or visitor;
or
5) Violation of State or federal laws or departmental rules by
the offender or visitor.
f) Any of the following actions on the part of a visitor may
result in a temporary restriction of up to six months:
1) Disruptive conduct of a minor nature.
2) Disobeying an order or posted rule.
3) Refusal to submit to search.
4) Possession of drugs when the visitor has demonstrated there
was no intent to conceal or introduce drugs into the facility.
5) Possession of alcohol when the visitor has demonstrated there
was no intent to conceal or introduce alcohol into the facility.
6) Being under the influence of alcohol or drugs.
7) Possession of other contraband as defined under State,
federal, or local laws or other departmental rules not specifically outlined in
this Subpart.
g) Any of the following actions on the part of a visitor may
result in a permanent restriction:
1) Assaultive behavior on any individual.
2) Sexual misconduct.
3) Possession of weapons.
4) Possession of drugs or drug paraphernalia.
5) Unauthorized possession of money.
6) Possession of escape paraphernalia.
7) Possession of alcohol.
8) Providing false identification or information.
9) Disruptive conduct of a major nature.
10) Violation of State, federal, or local law during a visit,
including arrest or conviction based on any action committed during a visit.
11) Any recurrence of an action that previously resulted in a
temporary restriction.
h) Employees who have been involved with offenders or former
employees who have either resigned or have been terminated as a result of
involvement with offenders may be permanently restricted from visits if it is
determined they may be a threat to safety or security.
i) If contraband is discovered in the possession of an offender either
during or after a visit, it will be assumed that the contraband was introduced
by the offender's visitor.
j) Visits of offenders hospitalized in the community may be
restricted to the immediate family and shall be subject to the general visiting
policies of the hospital.
k) Written notification of temporary or permanent restriction of
visiting privileges shall be sent to the visitor and to the offender. Any
person excluded from an offender's visiting list at one correctional facility shall
be excluded at all facilities. The notice of temporary restriction shall state
the exact length of the restriction.
l) Notices of permanent restrictions shall inform visitors and offenders
that they may request that the Chief Administrative Officer review the decision
after a six month period. After the initial six month review, permanent
restrictions shall be reviewed by the Chief Administrative Officer on an annual
basis upon request of the offenders or their visitors. Written notification of
the decision shall be sent to the visitor and to the offender.
m) The Chief Administrative Officer may restore visiting
privileges at any time.
(Source: Amended at 27 Ill.
Reg. 8039, effective July 1, 2003)
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SUBPART B: MAIL AND TELEPHONE CALLS
| TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER I: DEPARTMENT OF CORRECTIONS
SUBCHAPTER e: OPERATIONS
PART 525
RIGHTS AND PRIVILEGES
SECTION 525.100 APPLICABILITY
Section 525.100
Applicability
This Subpart applies to all
correctional facilities within the Department of Corrections.
(Source: Amended at 27 Ill.
Reg. 8039, effective July 1, 2003)
ADMINISTRATIVE CODE TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER I: DEPARTMENT OF CORRECTIONS
SUBCHAPTER e: OPERATIONS
PART 525 RIGHTS AND PRIVILEGES
SECTION 525.110 DEFINITIONS
Section 525.110 Definitions
a) "Assistant Director" means the second highest
ranking official of the Department.
b) "Chief" or "Deputy Director" means the
highest ranking official of a district or division within the Department.
c) "Chief Administrative Officer" means the highest
ranking official of a correctional facility.
d) "Department" means the Department of Corrections.
e) "Director" means the Director of the Department.
f) "Incoming privileged mail" means mail from the following:
1) The Director;
2) Assistant Director, Chiefs, and Deputy Directors of the
Department;
3) Department attorneys;
4) Members of the Administrative Review Board;
5) Members of the Prisoner Review Board;
6) The Governor of Illinois;
7) Federal or Illinois legislators;
8) Chief Executive Officers of the Federal Bureau of
Investigation, the Drug Enforcement Administration, the Criminal Division of
the Department of Justice, the United States Customs Service, the Secret
Service, the Illinois State Police, and Sheriff's Offices and Police
Departments in the State of Illinois;
9) Illinois Inspector General;
10) John Howard Association; and
11) Legal mail.
g) "Outgoing privileged mail" means mail to the
following:
1) The Director;
2) Assistant Director, Chiefs, and Deputy Directors of the
Department;
3) Department attorneys;
4) Members of the Administrative Review Board;
5) Members of the Prisoner Review Board;
6) The Governor of Illinois;
7) Federal or Illinois legislators;
8) Chief Executive Officers of the Federal Bureau of
Investigation, the Drug Enforcement Administration, the Criminal Division of
the Department of Justice, the United States Customs Service, the Secret
Service, the Illinois State Police, and Sheriff's Offices and Police
Departments in the State of Illinois;
9) Illinois Inspector General;
10) John Howard Association;
11) Clerks of courts or of the Illinois Court of Claims; and
12) Legal mail.
h) "Legal mail" means mail to and from the following:
1) Registered Attorneys who provide direct legal representation
to offenders;
2) State's Attorneys;
3) The Illinois Attorney General;
4) Judges or magistrates of any court or the Illinois Court of
Claims Judges; and
5) Any organization that provides direct legal representation to offenders,
but not including organizations that provide referrals to attorneys, such as
bar associations.
i) "Offender" means a person committed to the
Department or to the custody of the Department.
(Source: Amended at 35 Ill.
Reg. 5400, effective April 1, 2011)
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ADMINISTRATIVE CODE TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER I: DEPARTMENT OF CORRECTIONS
SUBCHAPTER e: OPERATIONS
PART 525 RIGHTS AND PRIVILEGES
SECTION 525.115 RESPONSIBILITIES
Section 525.115
Responsibilities
a) Unless otherwise specified, the Director or Chief
Administrative Officer may delegate responsibilities stated in this Subpart to
another person or persons or designate another person or persons to perform the
duties specified.
b) No other individual may routinely perform duties whenever a
Section in this Subpart specifically states the Director or Chief
Administrative Officer shall personally perform the duties. However, the
Director or Chief Administrative Officer may designate another person or persons
to perform the duties during periods of his or her temporary absence or in an
emergency.
(Source: Amended at 20 Ill. Reg. 15960, effective January 1, 1997)
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ADMINISTRATIVE CODE TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER I: DEPARTMENT OF CORRECTIONS
SUBCHAPTER e: OPERATIONS
PART 525 RIGHTS AND PRIVILEGES
SECTION 525.120 PROCESSING OF MAIL
Section 525.120 Processing
of Mail
a) Mail shall be delivered and posted promptly.
b) Offenders may correspond with anyone in the free community in
accordance with this Subpart without prior written approval of the Chief
Administrative Officer, except with employees, former employees, or releasees
of the Department. Permission for committed persons to correspond between
intra-state and inter-state correctional facilities shall require the approval
of the Chief Administrative Officers of both facilities and shall be based on
safety and security concerns.
c) Each facility shall establish procedures in cooperation with
the local post office for processing certified or registered mail. To send
certified or registered mail, offenders must have sufficient funds in their
trust fund accounts and must attach to the envelopes signed money vouchers so
that the proper postage may be applied and the amount deducted from their trust
fund accounts.
d) Offenders shall not be permitted to open, read, or deliver
another offender's mail without the person's permission. However, offenders may
transport mail in sacks or other closed containers under the direct supervision
of an employee.
e) No disciplinary restrictions shall be placed on an offender's mail
privileges.
(Source: Amended at 27 Ill.
Reg. 8039, effective July 1, 2003)
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ADMINISTRATIVE CODE TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER I: DEPARTMENT OF CORRECTIONS
SUBCHAPTER e: OPERATIONS
PART 525 RIGHTS AND PRIVILEGES
SECTION 525.130 OUTGOING MAIL
Section 525.130 Outgoing
Mail
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.
i) Any outgoing letter may be stopped and returned to the sender
if the person to whom it is addressed (or a parent or guardian, if the
addressee is a minor or incompetent) has notified the Chief Administrative
Officer in writing that the person does not wish to receive mail from the offender.
This rule shall not be construed to prevent offenders from corresponding with
their children unless their parental rights have been terminated.
j) If an offender is prohibited from sending a letter or
portions thereof, the offender shall be informed in writing of the decision.
k) Material from a letter which violates subsection (h) of this
Section may be placed in an offender's master file.
l) Offenders may not send packages without approval of the Chief
Administrative Officer, whose decision shall be based on administrative,
safety, and security considerations.
(Source: Amended at 27 Ill.
Reg. 8039, effective July 1, 2003)
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| 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
"privileged" and be clearly marked with the name, title, and address
of the sender.
b) Incoming privileged mail may be opened in the presence of the offender
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, including mail from clerks
of courts, shall be opened and inspected for contraband.
e) Cashier's checks, money orders, and business checks subject to
the restrictions imposed by 20 Ill. Adm. Code 205 shall be deposited in the offender'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. Offenders 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 offender shall be notified.
f) Personal checks and cash shall be returned to the sender, and
the sender shall be notified that funds cannot be received in that form.
g) 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.
h) When an offender is prohibited from receiving a letter or
portions thereof, or other incoming non-privileged mail, the committed person
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 will specify which criteria listed in 20
Ill. Adm. Code 525.130(h) the mail meets. An offender may utilize the grievance
procedures in accordance with 20 Ill. Adm. Code 504 Subpart F to address the proposed
rejection.
i) If an offender 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.
j) If an offender 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 offender 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 offender's address, if known, or returned to the sender, unless
alternative arrangements have been made.
k) Offenders 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.
(Source: Amended at 49 Ill.
Reg. 3910, effective March 19, 2025)
ADMINISTRATIVE CODE TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER I: DEPARTMENT OF CORRECTIONS
SUBCHAPTER e: OPERATIONS
PART 525 RIGHTS AND PRIVILEGES
SECTION 525.150 TELEPHONE PRIVILEGES
Section 525.150 Telephone
Privileges
a) Telephone privileges shall be granted to offenders in
accordance with their institutional status and provisions of this Section.
b) Collect calls may be made to persons where billable.
c) Offenders may not place telephone calls to:
1) Toll free area codes, including but not limited to 800 series
area codes, or to area codes or prefixes for which a charge is assessed to the
line from which the call was placed, including but not limited to 800 or 900
series area codes or 976 prefixes;
2) Emergency or directory assistance or to long distance
carriers;
3) Persons or companies which have requested that a block be
placed on their telephone numbers;
4) Numbers suspected of being used fraudulently or for fraudulent
purposes;
5) Parolees, ex-offenders, former employees, or current employees
absent the approval of the Chief Administrative Officer; or
6) Numbers or persons restricted for other legitimate penological
reasons, including security and order.
d) A block may be placed on telephone calls to:
1) The local community except to the offender's friends, family,
and others in the local community who request to receive calls from the offender.
2) A telephone number for which there is a large unpaid balance
on the account, with the exception of telephone numbers of attorneys and law
firms.
3) Any telephone numbers listed in subsection (c) of this
Section.
e) Offenders may not engage in call forwarding or in conference
calls.
f) In the case of valid emergencies, such as critical illness or
death in an offender's immediate family, consideration shall be given to
allowing a special telephone call, regardless of the individual's institutional
status. Immediate family shall include parent or guardian, children, brother,
sister, grandparent, whether step, adopted, half, or whole, and spouse.
g) Offenders who are the subject of a new criminal indictment,
information, or complaint shall be permitted to make reasonable telephone calls
to attorneys for the purpose of securing defense counsel, regardless of the
individual's institutional status.
h) All offenders' telephone calls shall be subject to monitoring
and recording at any time by departmental staff, unless prior special
arrangements have been made to make or to receive confidential telephone calls
to or from their attorneys.
i) Notices shall be posted at each telephone from which offenders
are normally permitted to place calls and in the offenders' orientation
manual. The notices shall state that offenders' telephone calls may be
monitored or recorded or both.
(Source: Amended at 37 Ill. Reg.
1645, effective February 1, 2013)
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SUBPART C: PUBLICATIONS
| TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER I: DEPARTMENT OF CORRECTIONS
SUBCHAPTER e: OPERATIONS
PART 525
RIGHTS AND PRIVILEGES
SECTION 525.200 APPLICABILITY
Section 525.200
Applicability
This Subpart applies to all
correctional facilities within the Department of Corrections.
(Source: Amended at 27 Ill.
Reg. 8039, effective July 1, 2003)
ADMINISTRATIVE CODE TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER I: DEPARTMENT OF CORRECTIONS
SUBCHAPTER e: OPERATIONS
PART 525 RIGHTS AND PRIVILEGES
SECTION 525.202 DEFINITIONS
Section 525.202 Definitions
"Chief
Administrative Officer" means the highest ranking official of a
correctional facility.
"Department"
means the Department of Corrections.
"Director"
means the Director of the Department of Corrections.
"Obscene"
means any material that the average person, applying contemporary adult
community standards, would find that, taken as a whole, appeals to the prurient
interest; and the average person, applying contemporary adult community
standards, would find that it depicts or describes in a patently offensive way,
ultimate sexual acts or sadomasochistic sexual acts, whether normal or
perverted, actual or simulated, or masturbation, excretory functions or lewd
exhibition of the genitals; and taken as a whole, it lacks serious literary,
artistic, political, or scientific value [720 ILCS 5/11-20(b)].
"Offender"
means a person committed to the Department or to the custody of the Department.
"Publication"
means any book, booklet, magazine, newspaper, periodical, or similar materials.
(Source: Amended at 27 Ill.
Reg. 8039, effective July 1, 2003)
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ADMINISTRATIVE CODE TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER I: DEPARTMENT OF CORRECTIONS
SUBCHAPTER e: OPERATIONS
PART 525 RIGHTS AND PRIVILEGES
SECTION 525.205 RESPONSIBILITIES
Section 525.205
Responsibilities
a) Unless otherwise specified, the Director or Chief
Administrative Officer may delegate responsibilities stated in this Subpart to
another person or persons or designate another person or persons to perform the
duties specified.
b) No other individual may routinely perform duties whenever a
Section in this Subpart specifically states the Director or Chief
Administrative Officer shall personally perform the duties. However, the
Director or Chief Administrative Officer may designate another person or persons
to perform the duties during periods of his temporary absence or in an
emergency.
(Source: Added at 11 Ill. Reg. 16134, effective November 1, 1987)
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ADMINISTRATIVE CODE TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER I: DEPARTMENT OF CORRECTIONS
SUBCHAPTER e: OPERATIONS
PART 525 RIGHTS AND PRIVILEGES
SECTION 525.210 GENERAL GUIDELINES
Section 525.210 General
Guidelines
a) Each facility shall maintain a current approved list of
publications.
b) Offenders shall be informed of the procedures governing
publications during orientation and this Subpart shall be available to
offenders.
c) Each offender may subscribe to, solicit free copies of, or buy
copies of newspapers, magazines, books and other publications for delivery to
the facility in accordance with this Subpart. A member of the individual's
family or a friend may also order, solicit or bring approved publications to
the facility. However, publications shall be limited to a maximum of 5 per
visit and shall not packaged, wrapped, or otherwise contained in any way.
d) All publications shall be delivered promptly after necessary
inspection for contraband. If it appears to violate the standards set forth in
Section 525.230, the publication shall first be referred to the Publication
Review Officer for review and determination.
e) Publications determined to be unacceptable shall be disposed
of as contraband in accordance with 20 Ill. Adm. Code 501: Subpart C.
(Source: Amended at 27 Ill.
Reg. 8039, effective July 1, 2003)
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ADMINISTRATIVE CODE TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER I: DEPARTMENT OF CORRECTIONS
SUBCHAPTER e: OPERATIONS
PART 525 RIGHTS AND PRIVILEGES
SECTION 525.220 PUBLICATIONS REVIEW OFFICER
Section 525.220 Publications
Review Officer
The Chief Administrative Officer
shall appoint at least 2 employees to serve as Publication Review Officers to
review publications. At least one individual shall be from program staff and
at least one individual shall be from security staff.
(Source: Amended at 27 Ill.
Reg. 8039, effective July 1, 2003)
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ADMINISTRATIVE CODE TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER I: DEPARTMENT OF CORRECTIONS
SUBCHAPTER e: OPERATIONS
PART 525 RIGHTS AND PRIVILEGES
SECTION 525.230 PROCEDURE FOR REVIEW OF PUBLICATIONS
Section 525.230 Procedure
for Review of Publications
a) A Publication Review Officer, hereafter referred to as
Officer, shall review publications to determine whether to recommend
prohibiting acceptance of any publications that he or she finds to contain
material determined to be:
1) Obscene;
2) Detrimental to security, good order, rehabilitation, or
discipline or if it might facilitate criminal activity, or be detrimental to
mental health needs of an offender as determined by a mental health
professional.
b) A publication may not be rejected solely because its content is
religious, philosophical, political, social, or sexual or because its contents
are unpopular or repugnant. A publication that may be rejected includes, but
is not limited to, a publication or portion thereof that meets one of the
following criteria:
1) It is obscene;
2) It is written in code or facilitates communication between
offenders;
3) It depicts, describes, or encourages activities that may lead
to the use of physical violence or group disruption or it facilitates
organizational activity without approval of the Chief Administrative Officer;
4) It advocates or encourages violence, hatred, or group
disruption or it poses an intolerable risk of violence or disruption;
5) It encourages or instructs in the commission of criminal
activity;
6) It includes sexually explicit material that by its nature or
content poses a threat to security, good order, or discipline or it facilitates
criminal activity;
7) It is otherwise detrimental to security, good order,
rehabilitation, or discipline or it might facilitate criminal activity or be
detrimental to mental health.
c) If a review is initiated, the offender shall be notified in
writing that the publication is under review and the notice shall include an
explanation why the publication is deemed to contain unacceptable material in
accordance with the standards set forth in this Section. If the publication
was mailed directly from the publisher, a copy of the notice shall be sent to
the publisher. The written notice shall be sent to the offender and the
publisher, if applicable, no later than 30 days from the date the correctional
facility receives the publication. The written notice shall indicate that:
1) The offender may submit a written supportive statement or
other documentation within seven days after the date of the notice that the
publication is under review. An extension will be granted if in the opinion of
the Officer there is a legitimate reason why relevant information could not be
submitted timely.
2) The publisher shall be allowed 21 days from the date of the
notice to file an objection and to submit a written supportive statement or
other documentation.
3) The offender may request to appear before the Officer. The
appearance will be allowed if the Officer determines that the appearance is
necessary for an appropriate review.
4) The offender may ask for assistance or information regarding
the publication review procedure.
5) If the publication is approved, it will be forwarded to the
offender upon completion of the review. If the publication is not provided to
the offender within 60 days after the date of the written notice, the
publication shall be deemed disapproved and the offender may file a grievance
in accordance with 20 Ill. Adm. Code 504: Subpart F.
d) Any recommendation for denial shall be forwarded to the Chief
Administrative Officer with an explanation. If the Chief Administrative
Officer concurs with the recommendation to deny the publication, the
publication shall be disapproved.
e) The Publication Review Officer shall maintain copies of
decisions in a designated area for at least three years.
f) If after six consecutive issues of a publication have been denied
and it is determined unlikely that future issues of the publication will be
approved, the publication may be banned.
g) If the characteristic content of a banned publication
significantly changes to no longer warrant denial of the publication in accordance
with this Section, an offender may request another review of the publication by
the Officer. A previously banned publication shall be subject to review no
more frequently than every four months. If a review is to be initiated, the
offender shall be advised to arrange for one or more issues of the publication
to be submitted to the Officer at the offender's expense.
1) The review shall be conducted in the same manner as the
initial review of the publication.
2) If an issue of a previously banned publication is approved, an
offender may request subsequent issues to be reviewed notwithstanding the four
month review period.
3) The Officer may recommend that a previously banned publication
be approved.
h) The Director may establish a Central Publication Review
Committee to periodically review and make recommendations regarding facility
determinations or recommendations to the Director who may approve or disapprove
the recommendations based on the standards set forth in this Section. If a
Committee is appointed:
1) Committee members shall consist of at least one representative
each from administrative and operational staff.
2) Reviews
need only be conducted by one member of the Committee.
3) The
facility and the offender shall be notified of any decision made by the
Director.
(Source: Amended at 30 Ill. Reg. 14843,
effective September 1, 2006)
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SUBPART D: MARRIAGE OF OFFENDERS
| TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER I: DEPARTMENT OF CORRECTIONS
SUBCHAPTER e: OPERATIONS
PART 525
RIGHTS AND PRIVILEGES
SECTION 525.300 APPLICABILITY
Section 525.300
Applicability
This Subpart applies to all
correctional facilities within the Department of Corrections.
(Source: Amended at 27 Ill.
Reg. 8039, effective July 1, 2003)
ADMINISTRATIVE CODE TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER I: DEPARTMENT OF CORRECTIONS
SUBCHAPTER e: OPERATIONS
PART 525 RIGHTS AND PRIVILEGES
SECTION 525.302 DEFINITIONS
Section 525.302 Definitions
"Chief
Administrative Officer" means the highest ranking official of a
correctional facility.
"Department"
means the Department of Corrections.
"Director"
means the Director of the Department.
"Offender"
means a person committed to the Department or to the custody of the Department.
(Source: Amended at 27 Ill.
Reg. 8039, effective July 1, 2003)
|
ADMINISTRATIVE CODE TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER I: DEPARTMENT OF CORRECTIONS
SUBCHAPTER e: OPERATIONS
PART 525 RIGHTS AND PRIVILEGES
SECTION 525.305 RESPONSIBILITIES
Section 525.305
Responsibilities
a) Unless otherwise specified, the Director or Chief
Administrative Officer may delegate responsibilities stated in this Subpart to
another person or persons or designate another person or persons to perform the
duties specified.
b) No other individual may routinely perform duties whenever a
Section in this Subpart specifically states the Director or Chief
Administrative Officer shall personally perform the duties. However, the
Director or Chief Administrative Officer may designate another person or persons
to perform the duties during periods of his or her temporary absence or in an
emergency.
(Source: Amended at 20 Ill. Reg. 15960, effective January 1, 1997)
|
ADMINISTRATIVE CODE TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER I: DEPARTMENT OF CORRECTIONS
SUBCHAPTER e: OPERATIONS
PART 525 RIGHTS AND PRIVILEGES
SECTION 525.310 REQUEST FOR PERMISSION TO MARRY
Section 525.310 Request for
Permission to Marry
a) Marriage between two offenders confined in Department
facilities shall be prohibited.
b) An offender who wishes to become married shall submit a
written request to the Chief Administrative Officer a minimum of 30 days in
advance of the date requested for the marriage ceremony.
1) The notice shall include the name and address of the intended
spouse and a description of any actions which have been taken in obtaining a
marriage license and in complying with applicable provisions of the law.
2) All financial obligations shall be the responsibility of the offended
or the intended spouse.
3) A request for a transition center leave may be submitted at
the same time as the request to marry. The request shall be reviewed in
accordance with 20 Ill. Adm. Code 530: Subpart D.
c) The facility chaplain or an individual designated by the Chief
Administrative Officer shall conduct a pre-marital counseling session with the offender
or the intended spouse or both.
d) The Chief Administrative Officer shall review the request to
marry and shall approve or deny the request based on security concerns, the
best interest of the offender, or other legitimate penological interests. The
Chief Administrative Officer's decision regarding the request to marry and, if
applicable, the leave request, shall be made in writing. Acopy of the written
decision shall be provided to the offender.
e) Except as provided in Section 525.310(f), the facility shall
make its chapel or another suitable location available for the performance of
the approved marriage ceremony.
1) The facility's chaplain shall review the type of ceremony that
is requested and refer a description of the proposed ceremony to the Chief
Administrative Officer for approval.
2) Witnesses and guests shall not exceed 6 in number, excluding
the officiating clergyman. Witnesses and guests must be on the offender's approved
visiting list, except as otherwise approved by the Chief Administrative
Officer.
3) Facilities for the consummation of marriages or for a
reception shall not be provided.
f) The marriage ceremony and reception, if any, of an offender
housed at a transition center shall be at the offender's or intended spouse's
expense and at a suitable location in the free community as approved by the
Chief Administrative Officer.
(Source: Amended at 27 Ill.
Reg. 8039, effective July 1, 2003)
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