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 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) of this Subpart or in Subpart C of this Part.

h)         When an offender is prohibited from receiving a letter or portions thereof, the committed person and the sender shall be notified in writing of the decision.

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 of this Part, 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 27 Ill. Reg. 8039, effective July 1, 2003)