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HB 3362

Supplemental Appropriation - HMSV - Time Study

2025 Regular Session Introduced by Roger Hanshaw and 1 co-sponsor

HB 3362 limits when IDOC can withhold original incoming mail to incarcerated people; after inspection, mail must be delivered unless it poses threats or listed security/safety risks.

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Bill Summary · HB 3362

Summary — HB 3362 (2025) — "CD CORR‑COMMITTED PERSON‑MAIL"

  • Bill number: HB 3362
  • Primary sponsor: Rep. Kelly M. Cassidy; Co‑sponsor: Rep. Will Guzzardi
  • Statute amended: Unified Code of Corrections, 730 ILCS 5/3‑7‑2
  • Introduced: February 18, 2025 (filed Feb 26, 2025 record)
  • Current status (per provided record): Rule 19(a) / Re‑referred to Rules Committee (committee activity and a favorable report occurred in April–May 2025)

Purpose / Intent

HB 3362 clarifies and limits when the Illinois Department of Corrections (IDOC) may withhold original physical incoming mail to incarcerated persons (“committed persons”). The bill seeks to ensure committed persons receive original physical mail after inspection unless the mail is found to pose a specified threat to institutional security or safety.

Key provisions

  • Amends Section 3‑7‑2 of the Unified Code of Corrections to add the following requirements:
    • After incoming physical mail is inspected, institutions and facilities shall not deny distribution of the original mail to the committed person if the inspection determines the mail does not pose a threat to the security or safety of the facility, staff, or other committed persons.
    • Defines when mail constitutes a “threat to the security or safety of the institution or facility.” Mail may be withheld if it:
    • Contains threats of physical harm or threats of criminal activity;
    • Contains extortion or blackmail;
    • Contains information about sending contraband, escape plans, or plans to engage in criminal activity;
    • Is in code and its contents cannot be understood by correctional staff;
    • Violates departmental rules or contains plans to violate those rules;
    • Constitutes unauthorized correspondence with another incarcerated person; or
    • Constitutes a violation of State or federal law.
  • Retains existing language allowing the Director to inspect and read mail for security, safety, or morale reasons and other facility standards in the broader facilities section (visitation, religious services, etc.).

Who is affected

  • Primary: committed persons (individuals incarcerated in IDOC facilities) — greater protection that original mailed items not be withheld except for enumerated security reasons.
  • Secondary: families, friends, attorneys and other correspondents who send physical mail; IDOC personnel responsible for mail inspection and mailroom operations.
  • Institutional operations: possible operational impacts on mail‑screening practices and training to apply the specified threat definitions.

Potential impacts and considerations

  • Positive: increases transparency and access to original physical correspondence for incarcerated people, limiting discretionary withholding.
  • Operational: requires consistent application of the defined threat criteria; may increase need for staff training and clearly documented inspection procedures.
  • Legal/administrative: the bill does not specify an appeal or notification process when mail is withheld; implementation details (e.g., recordkeeping, return or redaction procedures) would depend on IDOC rules or subsequent guidance.

Legislative timeline (selected actions)

  • First reading: 2/18/2025
  • Assigned to Judiciary — Criminal Committee and Criminal Jurisprudence; public hearing and testimony: 4/15/2025
  • Reported favorably without amendment: 5/1/2025; committee report sent to Calendars: 5/8/2025
  • Procedural status: Rule 19(a) / Re‑referred to Rules Committee (per provided record)

This bill narrows the circumstances under which original incoming physical mail may be withheld from incarcerated people, while preserving inspection authority for defined security and legal risks.

Compiled from official sources — confirm details with the bill’s official record.

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