Ill. Admin. Code tit. 20 § 2602.190

Current through Register Vol. 48, No. 45, November 8, 2024

Section 2602.190 - Mail Procedures

a) Scope

Procedures for receiving and sending mail must protect the youth's personal rights and provide for reasonable security practices consistent with the function of a detention facility. A youth shall be allowed to correspond with anyone if the correspondence does not violate any State or federal law, except a youth shall not be allowed to correspond with the victims of the youth's current or any previous offense unless the victim has given consent in writing.

b) Incoming Mail

Youth shall be permitted to receive an unlimited number of letters.

1) Incoming mail shall not be read, censored or reproduced but may be opened and examined for contraband or funds.

2) Cashier's checks, money orders, certified checks or cash shall be recorded in the youth's personal property record or trust fund account indicating the sender, amount and date.

3) Incoming letters containing contraband shall be held for further inspection and disposition by the superintendent.

A) Contraband received shall be handled with care and labeled with the date of receipt, the name and address of the sender, the name of the youth to whom it is addressed, and the date and names of persons handling same.

B) The appropriate law enforcement agencies shall be notified, and the items safeguarded in the event they are to be used as evidence in criminal proceedings or disciplinary action.

4) All mail shall be distributed to the youth on the day it is received. A discharged or transferred youth's mail shall be forwarded unopened. If no forwarding address is available, mail shall be returned, unopened, to the sender.

5) A youth shall not be allowed to open, read or deliver another youth's mail.

6) Youth may receive books and periodicals subject to inspection by detention staff members. Packages may be received only if approved by administrative policy and shall be subject to inspection before being delivered to the youth.

7) The superintendent or designee shall retain the right to inspect non-privileged incoming mail when it is believed that security may be impaired.

c) Outgoing Mail

Each youth shall be permitted to send, at personal expense, an unlimited number of letters.

1) Postage shall be provided to indigent youth for at least three letters per week.

2) Postage supplied to youth shall not be transferable.

3) Appropriate stationery, envelopes and a writing implement shall be supplied.

4) Youth may not send packages by mail unless granted permission to do so by the superintendent.

5) Outgoing mail shall be collected Monday through Friday. Every effort shall be made to ensure that outgoing mail is delivered to the US Postal Service on the same day.

6) The superintendent or designee shall retain the right to inspect non-privileged outgoing mail when it is believed that security may be impaired. Except for privileged mail, youth shall submit outgoing mail in unsealed envelopes.

d) Outgoing Privileged Mail

Outgoing letters from youth to persons or organizations listed in this subsection (d) are privileged communications and may be sealed by the youth prior to submission for mailing. Letters shall not be opened by the detention staff before mailing and shall be dispatched promptly.

1) Elected or appointed federal or State officials including any U.S. Senator or Representative; any federal judge or the clerk of any federal court; the Attorney General of the United States; the Director of the Federal Bureau of Prisons; the Governor of the State of Illinois; any Illinois Circuit, Associate, Appellate or Supreme Court judge; the Illinois Attorney General; and any member of the Illinois General Assembly.

2) The Director of the Department; a Deputy Director of the Department; and the Chief of the Office of Detention and Audit Services of the Department.

3) Any attorney currently licensed to practice law.

4) All correspondence addressed to legal aid organizations and any other organization whose official declared purpose is to provide legal services for youth. These letters may be addressed either to paraprofessional personnel at the organization or to the organization office.

5) The John Howard Association.

e) Incoming Privileged Mail

Incoming mail from persons or organizations identified in the preceding standard may be opened only for verifying the addressee and the addressor, and to ascertain that nothing other than legal and/or official matter is enclosed. Mail opening must be in the presence of the youth.

f) Disciplinary Denial

Youth shall not be denied mail rights for disciplinary purposes; however, a serious violation of mail regulations may result in close scrutiny of mail.

g) Release, Transfer or Discharge

A released, transferred or discharged youth shall be permitted to take all personal mail.

Ill. Admin. Code tit. 20, § 2602.190

Added at 45 Ill. Reg. 9040, effective 6/29/2021.