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HB5559 - 104th General Assembly

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB5559

Introduced 2/13/2026, by Rep. Jed Davis

SYNOPSIS AS INTRODUCED:

730 ILCS 5/3-7-2

from Ch. 38, par. 1003-7-2

Amends the Unified Code of Corrections. Provides that all
institutions and facilities of the Department of Corrections shall permit
every committed person to send and receive all original physical mail
(rather than an unlimited number of uncensored letters), but the Director
may order that mail be inspected and read for reasons of the security,
safety, or morale of the institution or facility. Provides that no
institutions or facility of the Department shall deny the distribution of
original physical mail to committed persons after such incoming mail has
undergone inspection and it has been determined that the mail does not pose
a threat to the security or safety of the facility, personnel of the
Department, or committed persons. Provides that the Department shall
collect evidence of original physical mail that is deemed to pose a threat
to the safety or security of the facility or institution, personnel of the
Department, or committed persons. Defines "original physical mail" and
"threat to the security or safety".
LRB104 20737 RLC 34240 b

A BILL FOR

HB5559
LRB104 20737 RLC 34240 b
1

AN ACT concerning criminal law.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The Unified Code of Corrections is amended by
5
changing Section 3-7-2 as follows:

6

(730 ILCS 5/3-7-2)

(from Ch. 38, par. 1003-7-2)
7

Sec. 3-7-2.
Facilities.
8

(a) All institutions and facilities of the Department
9
shall provide every committed person with access to toilet
10
facilities, barber facilities, bathing facilities at least
11
once each week, a library of legal materials and published
12
materials including newspapers and magazines approved by the
13
Director. A committed person may not receive any materials
14
that the Director deems pornographic.
15

(b) (Blank).
16

(c) All institutions and facilities of the Department
17
shall provide facilities for every committed person to leave
18
his cell for at least one hour each day unless the chief
19
administrative officer determines that it would be harmful or
20
dangerous to the security or safety of the institution or
21
facility.
22

(d) All institutions and facilities of the Department
23
shall provide every committed person with a wholesome and

HB5559
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LRB104 20737 RLC 34240 b
1
nutritional diet at regularly scheduled hours, drinking water,
2
clothing adequate for the season, including underwear,
3
bedding, soap, towels, and medical and dental care. Underwear
4
provided to each committed person in all institutions and
5
facilities of the Department shall be free of charge and shall
6
be provided at any time upon request, including multiple
7
requests, of the committed person or as needed by the
8
committed person.
9

(e) All institutions and facilities of the Department
10
shall permit every committed person to send and receive
all
11
original physical mail

an unlimited number of uncensored
12
letters
, provided, however, that the Director may order that
13
mail be inspected and read for reasons of the security,
14
safety, or morale of the institution or facility.
No
15
institution or facility of the Department shall deny the
16
distribution of original physical mail to committed persons
17
after such incoming mail has undergone inspection and it has
18
been determined that the mail does not pose a threat to the
19
security or safety of the facility, personnel of the
20
Department, or committed persons.

21

(e-1) Beginning July 1, 2027, the Department shall collect
22
evidence of original physical mail that is deemed to pose a
23
threat to the safety or security of the facility or
24
institution, personnel of the Department, or committed persons
25
as described in this Section and report such data on the
26
Department's website including, but not limited to:

HB5559
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LRB104 20737 RLC 34240 b
1

(1) the number of pieces of original physical mail
2

that were deemed to pose a threat as described in this
3

Section, reported by the facility;
4

(2) the type of threat posed as described in this
5

Section; and
6

(3) the test type and results used on incoming mail
7

due to suspicion of contents containing evidence of a
8

hazardous or toxic substance, or contents that violate a
9

State or federal law.

10

(e-2) The evidence required for paragraph (1) of
11
subsection (k) to apply must be made publicly available on a
12
quarterly basis and any changes or new policies created by the
13
Department of Corrections regarding communications for persons
14
who are incarcerated must be made publicly available on the
15
Department's website prior to implementation.

16

(f) All of the institutions and facilities of the
17
Department shall permit every committed person to receive
18
in-person visitors and video contact, if available, except in
19
case of abuse of the visiting privilege or when the chief
20
administrative officer determines that such visiting would be
21
harmful or dangerous to the security, safety or morale of the
22
institution or facility. Each committed person is entitled to
23
7 visits per month. Every committed person may submit a list of
24
at least 30 persons to the Department that are authorized to
25
visit the committed person. The list shall be kept in an
26
electronic format by the Department beginning on August 1,

HB5559
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LRB104 20737 RLC 34240 b
1
2019, as well as available in paper form for Department
2
employees. The chief administrative officer shall have the
3
right to restrict visitation to non-contact visits, video, or
4
other forms of non-contact visits for reasons of safety,
5
security, and order, including, but not limited to,
6
restricting contact visits for committed persons engaged in
7
gang activity. No committed person in a super maximum security
8
facility or on disciplinary segregation is allowed contact
9
visits. Any committed person found in possession of illegal
10
drugs or who fails a drug test shall not be permitted contact
11
visits for a period of at least 6 months. Any committed person
12
involved in gang activities or found guilty of assault
13
committed against a Department employee shall not be permitted
14
contact visits for a period of at least 6 months. The
15
Department shall offer every visitor appropriate written
16
information concerning HIV and AIDS, including information
17
concerning how to contact the Illinois Department of Public
18
Health for counseling information. The Department shall
19
develop the written materials in consultation with the
20
Department of Public Health. The Department shall ensure that
21
all such information and materials are culturally sensitive
22
and reflect cultural diversity as appropriate. Implementation
23
of the changes made to this Section by Public Act 94-629 is
24
subject to appropriation. The Department shall seek the lowest
25
possible cost to provide video calling and shall charge to the
26
extent of recovering any demonstrated costs of providing video

HB5559
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LRB104 20737 RLC 34240 b
1
calling. The Department shall not make a commission or profit
2
from video calling services. Nothing in this Section shall be
3
construed to permit video calling instead of in-person
4
visitation.
5

(f-5) (Blank).
6

(f-10) The Department may not restrict or limit in-person
7
visits to committed persons due to the availability of
8
interactive video conferences.
9

(f-15)(1) The Department shall issue a standard written
10
policy for each institution and facility of the Department
11
that provides for:
12

(A) the number of in-person visits each committed
13

person is entitled to per week and per month including the
14

requirements of subsection (f) of this Section;
15

(B) the hours of in-person visits;
16

(C) the type of identification required for visitors
17

at least 18 years of age; and
18

(D) the type of identification, if any, required for
19

visitors under 18 years of age.
20

(2) This policy shall be posted on the Department website
21
and at each facility.
22

(3) The Department shall post on its website daily any
23
restrictions or denials of visitation for that day and the
24
succeeding 5 calendar days, including those based on a
25
lockdown of the facility, to inform family members and other
26
visitors.

HB5559
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LRB104 20737 RLC 34240 b
1

(g) All institutions and facilities of the Department
2
shall permit religious ministrations and sacraments to be
3
available to every committed person, but attendance at
4
religious services shall not be required. This subsection (g)
5
is subject to the provisions of the Faith Behind Bars Act.
6

(h) Within 90 days after December 31, 1996, the Department
7
shall prohibit the use of curtains, cell-coverings, or any
8
other matter or object that obstructs or otherwise impairs the
9
line of vision into a committed person's cell.
10

(i) A point of contact person appointed under subsection
11
(u-6) of Section 3-2-2 of this Code shall promptly and
12
efficiently review suggestions, complaints, and other requests
13
made by visitors to institutions and facilities of the
14
Department and by other members of the public. Based on the
15
nature of the submission, the point of contact person shall
16
communicate with the appropriate division of the Department,
17
disseminate the concern or complaint, and act as liaison
18
between the parties to reach a resolution.
19

(1) The point of contact person shall maintain
20

information about the subject matter of each
21

correspondence, including, but not limited to, information
22

about the following subjects:
23

(A) the parties making the submission;
24

(B) any commissary-related concerns;
25

(C) any concerns about the institution or
26

facility's COVID-19 protocols and mitigations;

HB5559
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LRB104 20737 RLC 34240 b
1

(D) any concerns about mail, video, or electronic
2

messages or other communications with incarcerated
3

persons;
4

(E) any concerns about the institution or
5

facility;
6

(F) any discipline-related concerns;
7

(G) any concerns about earned sentencing credits;
8

(H) any concerns about educational opportunities
9

for incarcerated persons;
10

(I) any concerns about health-related matters;
11

(J) any mental health concerns;
12

(K) any concerns about personal property;
13

(L) any concerns about the records of the
14

incarcerated person;
15

(M) any concerns about recreational opportunities
16

for incarcerated persons;
17

(N) any staffing-related concerns;
18

(O) any concerns about the transfer of individuals
19

in custody;
20

(P) any concerns about visitation; and
21

(Q) any concerns about work opportunities for
22

incarcerated persons.
23

The information shall be maintained in accordance with
24

standards set by the Department of Corrections, and shall
25

be made available to the Department's Planning and
26

Research Division. The point of contact person shall

HB5559
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LRB104 20737 RLC 34240 b
1

provide a summary of the results of the review, including
2

any resolution or recommendations made as a result of
3

correspondence with the Planning and Research Division of
4

the Department.
5

(2) The Department shall provide an annual written
6

report to the General Assembly and the Governor, with the
7

first report due no later than January 1, 2023, and
8

publish the report on its website within 48 hours after
9

the report is transmitted to the Governor and the General
10

Assembly. The report shall include a summary of activities
11

undertaken and completed as a result of submissions to the
12

point of contact person. The Department of Corrections
13

shall collect and report the following aggregated and
14

disaggregated data for each institution and facility and
15

describe:
16

(A) the work of the point of contact person;
17

(B) the general nature of suggestions, complaints,
18

and other requests submitted to the point of contact
19

person;
20

(C) the volume of emails, calls, letters, and
21

other correspondence received by the point of contact
22

person;
23

(D) the resolutions reached or recommendations
24

made as a result of the point of contact person's
25

review;
26

(E) whether, if an investigation is recommended, a

HB5559
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LRB104 20737 RLC 34240 b
1

report of the complaint was forwarded to the Chief
2

Inspector of the Department or other Department
3

employee, and the resolution of the complaint, and if
4

the investigation has not concluded, a detailed status
5

report on the complaint; and
6

(F) any recommendations that the point of contact
7

person has relating to systemic issues in the
8

Department of Corrections, and any other matters for
9

consideration by the General Assembly and the
10

Governor.
11

The name, address, or other personally identifiable
12

information of a person who files a complaint, suggestion,
13

or other request with the point of contact person, and
14

confidential records shall be redacted from the annual
15

report and are not subject to disclosure under the Freedom
16

of Information Act. The Department shall disclose the
17

records only if required by a court order on a showing of
18

good cause.
19

(3) The Department must post in a conspicuous place in
20

the waiting area of every facility or institution a sign
21

that contains in bold, black type the following:
22

(A) a short statement notifying visitors of the
23

point of contact person and that person's duty to
24

receive suggestions, complaints, or other requests;
25

and
26

(B) information on how to submit suggestions,

HB5559
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LRB104 20737 RLC 34240 b
1

complaints, or other requests to the point of contact
2

person.
3

(j) Menstrual hygiene products shall be available, as
4
needed, free of charge, at all institutions and facilities of
5
the Department for all committed persons who menstruate. In
6
this subsection (j), "menstrual hygiene products" means
7
tampons and sanitary napkins for use in connection with the
8
menstrual cycle.
9

(k) In this Section:

10

"Original physical mail" means a letter, card, or other
11
document delivered to the correctional institution or facility
12
by the United States Postal Service or other delivery service.
13
"Original physical mail" does not include mail that is
14
scanned, photocopied, or otherwise duplicated by the
15
correctional institution or facility or any entity contracted
16
by the correctional institution or facility to provide such a
17
service.

18

"Threat to the security or safety" means any of the
19
following:

20

(1) the original physical mail contains threats of
21

physical harm against any person or threats of criminal
22

activity;
23

(2) the original physical mail contains threats of
24

blackmail or extortion;

25

(3) the original physical mail contains information
26

regarding sending contraband into or out of the facility,

HB5559
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LRB104 20737 RLC 34240 b
1

plans to escape, or plans to engage in criminal activity;
2

(4) the original physical mail is in code and its
3

contents cannot be understood by correctional staff;
4

(5) the original physical mail violates any
5

departmental rules or contains plans to engage in
6

activities in violation of departmental or institutional
7

rules;

8

(6) the original physical mail contains unauthorized
9

correspondence with another person who is incarcerated;
10

(7) the original physical mail or contents thereof
11

constitute a violation of State or federal law; or
12

(8) the original physical mail or contents contain
13

evidence of a hazardous or toxic substance.

14
(Source: P.A. 103-154, eff. 6-30-23; 103-331, eff. 1-1-24;
15
104-417, eff. 8-15-25.)

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