100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB0806

 

Introduced , by Rep. Sara Wojcicki Jimenez

 

SYNOPSIS AS INTRODUCED:
 
730 ILCS 5/3-8-7.5

    Amends the Unified Code of Corrections. Provides that an inmate may not receive nor possess a photograph 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) a substantially similar offense under the laws of the United States, another state, or foreign jurisdiction; or (7) a predecessor offense to any of these offenses.


LRB100 00332 RLC 14752 b

 

 

A BILL FOR

 

HB0806LRB100 00332 RLC 14752 b

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 and photograph possession restrictions.
8    (a) An inmate shall not correspond with a victim or member
9of a victim's family upon being given notice by the Department
10that the person has notified the Department that he or she does
11not wish correspondence from the inmate.
12    (b) The victim or family member of the victim may give
13notice to the Department of his or her desire not to receive
14correspondence as provided in this Section and may do so at the
15time of sentencing or at any time during the period of
16incarceration of the inmate by the Department. After receipt of
17the notice, the Department shall not knowingly forward any mail
18addressed to a victim or family member of a victim named in the
19notice as not desiring correspondence from a named inmate.
20    (c) At the time of any sentencing which results in the
21imposition of any term of incarceration with the Department,
22the State's Attorney shall provide the victim with written
23notification that the victim or a family member of the victim

 

 

HB0806- 2 -LRB100 00332 RLC 14752 b

1at any time may notify the Department in writing of the
2person's desire not to receive correspondence from the inmate
3convicted of the offense against the victim. The notification
4provided by the State's Attorney shall inform the victim of the
5following:
6        (1) that it is the duty of the person desiring not to
7    receive correspondence under this Section to notify the
8    Department of any change of address if the person wants the
9    restriction on mail to apply after a change of address; and
10        (2) that the notice to the Department is to include the
11    name of the person incarcerated, the name and number of the
12    case resulting in the incarceration, and the inmate number,
13    if known.
14The State's Attorney shall assist the victim in obtaining this
15information at any time during the incarceration.
16    (d) The Department shall notify the inmate that the victim
17or members of the victim's family have provided notice to the
18Department that the persons do not wish correspondence from
19that inmate during the incarceration.
20    (e) An inmate may not receive nor possess a photograph of a
21minor under 18 years of age while incarcerated in an
22institution or facility of the Department if he or she has been
23convicted of any of the following offenses if the victim of the
24offense was under 18 years of age at the time of the commission
25of the offense:
26        (1) criminal sexual assault;

 

 

HB0806- 3 -LRB100 00332 RLC 14752 b

1        (2) aggravated criminal sexual assault;
2        (3) predatory criminal sexual assault of a child;
3        (4) criminal sexual abuse;
4        (5) aggravated criminal sexual abuse;
5        (6) a substantially similar offense under the laws of
6    the United States, another state, or foreign jurisdiction;
7    or
8        (7) a predecessor offense to any of the offenses listed
9    in paragraphs (1) through (6) of this subsection (e).
10(Source: P.A. 88-331.)