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.)