The Illinois Department of Corrections has enacted an emergency rule change to prevent contraband from entering its prisons through letters and books sent to people in prison.
Under the rule that went into effect Aug. 14, IDOC will electronically scan mail and provide a digital copy or paper copy to an incarcerated person. The rule also specifies that books, magazines and other publications can only come through the prison’s mailroom from the publisher.
After a series of incidents last fall that left dozens of correctional personnel hospitalized after exposure to substances or overdoses in the prison population, IDOC introduced the rule under pressure from Republicans and the prison workers’ union.
Rep. Chapin Rose, R-Mahomet, said the rule has been long awaited after instances of Bibles and letters from fake law firms laced with drugs.
“I’m a former prosecutor. I represent these men and women who work at DOC, who work every day to protect us. I care about them,” Rose said.
‘Must act now’
The union that represents IDOC employees, the Illinois Association of Federal, State, County and Municipal Employees Council 31, released a report in September that stated “IDOC must act now to stop drug use – including the rapidly increasing use of synthetic drugs and smoking of wasp spray – in its system and keep its employees and incarcerated residents safe.”
Exposures were reported at Graham, Shawnee, Vienna, Hill, Menard and Pinckneyville correctional centers last year, causing IDOC to temporarily suspend mail processing services within correctional facilities.
The dangers of handling individuals under the influence of drugs and accidental drug exposures also resulted in union members taking to the picket lines to bring attention to their safety concerns. IDOC signed a contract with a vendor that does mail scanning within weeks.
READ NOW: The Growing Plague of Drugs on Illinois Prisons
“Our union has called for mail-scanning as a means of reducing the flow of harmful substances and other illicit contraband into state prisons. IDOC has worked with us toward this goal, and for the security of state facilities and the well-being of AFSCME members, we’re glad it’s moving forward,” union spokesperson Anders Lindall said in an emailed statement.
In November, Rose toured Lawrenceville Correctional Center. During the tour, he said he smelled smoke on one of the tiers.
“The IDOC must immediately amend its rules to incorporate amended policy and procedure, and failure to adopt on an emergency basis will compromise the integrity of safety and security,” according to IDOC’s notice of emergency amendments filed with Joint Committee on Administrative Rules.
Emergency rules
IDOC needed to implement the rules on an emergency basis, the amendment stated, to provide for the “safety and security of committed persons, staff, and the public.”
IDOC implemented the rule on an emergency basis, although it’s still subject to review by the legislative Joint Committee on Administrative Rules. Emergency rules can remain in place for up to 150 days, but if the department wants to make the rule permanent, they must submit them separately. JCAR can then decide whether to issue an objection.
But critics of the rule say there is no emergency.
“There's no dispute that this is a problem, that even if anyone is impacted by illegal drugs in prisons, we have a problem. That is absolutely the case,” said Jennifer Vollen-Katz, executive director of the John Howard Association, a prison oversight group. “The question is, why is IDOC now saying it's an emergency, right? What has changed? We have not seen any evidence, data or information that indicates what has changed and why this is now being considered an emergency.”
Data collection law
Last month, Gov. JB Pritzker signed a law that requires data collection of contraband seized in prisons. Vollen-Katz questioned why the emergency rule was proposed before the data was seen.
“We have not seen any evidence, data or information that indicates what has changed and why this is now being considered an emergency,” Vollen-Katz said.
The importance of mail to people who are incarcerated cannot be underestimated, according to Laurie Jo Reynolds, a long-time advocate for the incarcerated.
“Letters and photos aren’t just words and images — they are tangible, meaningful objects. People recognize their mother’s stationery and know their kid wrote on and folded that exact piece of paper. People in custody read letters again and again to fight despair and to stay focused on rebuilding their lives and reuniting with their loved ones. Eliminating paper mail would take away a source of comfort, pride, and motivation,” Reynolds said.
Reynolds questioned whether scanning mail would make prisons safer for those who live and work there.
“We are concerned that instead of finding the real source of contraband, the state is prepared to pay private vendors to scan letters, expand bureaucracy for “privileged” mail, and require people to file grievances just to keep a birthday card. This won’t make prisons safer, just lonelier,” she said.
James Orr, who was formerly incarcerated, said a copy or a digital copy isn’t the same as holding the same piece of paper from a loved one.
“My family sent me pictures with letters, birthday cards, drawings. My grandkids sent me mail. They would make art that was in the shape of an envelope. When I was feeling down and the officer gave me mail, it brightened up my outlook and my day,” Orr said. “I still have some of the letters they sent. Touching the real thing is a big difference. You can feel your family there.”
Capitol News Illinois is a nonprofit, nonpartisan news service that distributes state government coverage to hundreds of news outlets statewide. It is funded primarily by the Illinois Press Foundation and the Robert R. McCormick Foundation.
This article first appeared on Capitol News Illinois and is republished here under a Creative Commons Attribution-NoDerivatives 4.0 International License.
