101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB0870
 
Introduced , by Rep. Mike Murphy
 
SYNOPSIS AS INTRODUCED:
 

 



730 ILCS 5/3-8-7.5

     Amends the Unified Code of Corrections.  Provides that an inmate designated  by mental health personnel of the Department of Corrections may not receive nor possess a photograph or image of a minor under 18 years of age while incarcerated in an institution or facility of the Department of Corrections if he or she has been convicted of any of the following offenses if the victim of the offense was under 18 years of age at the time of the commission of the offense:  (1)  criminal sexual assault; (2) aggravated criminal sexual assault;  (3) predatory criminal sexual assault of a child; (4)  criminal sexual abuse; (5)  aggravated criminal sexual abuse; (6) child pornography; (7) a substantially similar offense under the laws of the United States, another state, or foreign jurisdiction; or (8)  a predecessor offense to any of these offenses.
  


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A BILL FOR
 

  
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1    AN ACT concerning criminal law.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  
 
 
4    Section 5. The Unified Code of Corrections is amended  by 
5changing Section 3-8-7.5 as follows:
 



6    (730 ILCS 5/3-8-7.5)



7    Sec. 3-8-7.5. Mail, photograph, and image possession 
8restrictions. 

9    (a) An inmate shall not correspond with a victim or member 
10of a victim's
family upon being given notice by the Department 
11that the person has notified
the Department that he or she does 
12not wish correspondence from the inmate.

13    (b) The victim or family member of the victim may give 
14notice to the
Department of his or her desire not to receive 
15correspondence as provided in
this Section and may do so at the 
16time of sentencing or at any time during the
period of 
17incarceration of the inmate by the Department.  After receipt of 
18the
notice, the Department shall not knowingly forward any mail 
19addressed to a
victim or family member of a victim named in the 
20notice as not desiring
correspondence from a named inmate.

21    (c) At the time of any sentencing which results in the 
22imposition of any
term of incarceration with the Department, 
23the State's Attorney shall provide
the victim with written 
 
 
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1notification that the victim or a family member of the
victim 
2at any time may notify the Department in writing of the 
3person's desire
not to receive correspondence from the inmate 
4convicted of the offense against
the victim.
The notification 
5provided by the State's Attorney shall inform the victim of
the 
6following:


7        (1) that it is the duty of the person desiring not to 
8    receive
correspondence under this Section to notify the 
9    Department of any change of
address if the person wants the 
10    restriction on mail to apply after a change of
address; and


11        (2) that the notice to the Department is to include the 
12    name of the person
incarcerated, the name and number of the 
13    case resulting in the incarceration,
and the inmate number, 
14    if known.

15The State's Attorney shall assist the victim
in obtaining this 
16information at any time during the incarceration.

17    (d) The Department shall notify the inmate that the victim 
18or members of the
victim's family have provided notice to the 
19Department that the persons do not
wish correspondence from 
20that inmate during the incarceration.

21    (e)  An inmate designated  by mental health personnel of the 
22Department may not receive nor possess a photograph or image of 
23a minor under 18 years of age while incarcerated in an 
24institution or facility of the Department if he or she has been 
25convicted of any of the following offenses if the victim of the 
26offense was under 18 years of age at the time of the commission 
 
 
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1of the offense:
2        (1)  criminal sexual assault;
3        (2) aggravated criminal sexual assault;
4        (3) predatory criminal sexual assault of a child;
5        (4)  criminal sexual abuse;
6        (5)  aggravated criminal sexual abuse;
7        (6)  child pornography; 
8        (7) a substantially similar offense under the laws of 
9    the United States, another state, or foreign jurisdiction; 
10    or
11        (8)  a predecessor offense to any of the offenses listed 
12    in paragraphs (1) through (7) of this subsection (e). 
13(Source: P.A. 88-331.)