SPRINGFIELD — A measure led by State Senator Elgie R. Sims, Jr. that was signed into law Friday creates financial guardrails to ensure the criminal justice system supports family connections instead of restricting them.
“Mail correspondence is a vital – and often cost-effective – lifeline,” said Sims (D-Chicago). “When families already spend thousands just to stay in touch with an incarcerated loved one, they shouldn’t face yet another cost barrier to staying connected.”
Under a rule that took effect last year, correctional facilities in Illinois can withhold physical mail and instead provide incarcerated individuals with electronically scanned copies of their mail. In other states that have implemented electronic mail scanning, incarcerated individuals have faced additional charges just to send and receive mail and photographs. Under Sims’ new law, incarcerated individuals cannot be charged any fee for incoming mail nor can they be charged more than regular U.S. postal rates for mail delivery. This fee prohibition also applies to any contracts with the state where a profit could be made from the electronic scanning of incarcerated people’s mail.
Decades of research has shown that regular contact with family members and loved ones – whether in person, by phone or via mail – is one of the strongest predictors of successful rehabilitation and reduced recidivism. Mail is particularly vital, as it is often the most cost-effective and reliable way to stay connected. A study of incarcerated parents in Arizona found that parents cited mail as the most common way they communicated with their children, and those who corresponded via mail reported better relationships with their children as compared to the year before their incarceration.
To protect individuals’ access to contact with their loved ones, Sims’ law also clarifies that phone, mail and electronic communications cannot be used in place of in-person contact. The ultimate goal is to ensure cost barriers do not restrict family connections or place an individual’s long-term reentry success at risk.
House Bill 4235 takes effect immediately.
