HB4539 100TH GENERAL ASSEMBLY

LRB100 15665 RLC 30766 b

100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4539

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 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.

A BILL FOR

AN ACT concerning criminal law.

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

Section 5. The Unified Code of Corrections is amended by changing Section 3-8-7.5 as follows:

(730 ILCS 5/3-8-7.5)

Sec. 3-8-7.5. Mail, photograph, and image possession restrictions.

(a) An inmate shall not correspond with a victim or member of a victim's family upon being given notice by the Department that the person has notified the Department that he or she does not wish correspondence from the inmate.

(b) The victim or family member of the victim may give notice to the Department of his or her desire not to receive correspondence as provided in this Section and may do so at the time of sentencing or at any time during the period of incarceration of the inmate by the Department. After receipt of the notice, the Department shall not knowingly forward any mail addressed to a victim or family member of a victim named in the notice as not desiring correspondence from a named inmate.

(c) At the time of any sentencing which results in the imposition of any term of incarceration with the Department, the State's Attorney shall provide the victim with written notification that the victim or a family member of the victim at any time may notify the Department in writing of the person's desire not to receive correspondence from the inmate convicted of the offense against the victim. The notification provided by the State's Attorney shall inform the victim of the following:

(1) that it is the duty of the person desiring not to receive correspondence under this Section to notify the Department of any change of address if the person wants the restriction on mail to apply after a change of address; and

(2) that the notice to the Department is to include the name of the person incarcerated, the name and number of the case resulting in the incarceration, and the inmate number, if known.

The State's Attorney shall assist the victim in obtaining this information at any time during the incarceration.

(d) The Department shall notify the inmate that the victim or members of the victim's family have provided notice to the Department that the persons do not wish correspondence from that inmate during the incarceration.

(e) An inmate designated by mental health personnel of the Department 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 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 the offenses listed in paragraphs (1) through (7) of this subsection (e).

(Source: P.A. 88-331.)