WATCH: Illinois prison mail scanning rule faces lawmaker scrutiny

By Catrina Barker | The Center Square contributor
The Center Square

(The Center Square) – Emergency rules from the Illinois Department of Corrections to scan inmate mail are under review by the Joint Committee on Administrative Rules, with supporters citing safety and critics warning of rights violations and lack of public input.

The emergency rule discussed by JCAR Tuesday aimed to shift inmates to electronic mail, adjust how certain publications are delivered during visits and update procedures for legal correspondence. Supporters say the changes are a necessary step to enhance safety and prevent contraband in prisons.

The rule is closely tied to IDOC’s rollout of tablets, which officials say will allow scanned mail to be delivered electronically and reduce the risk of chemical-laced paper and other contraband entering facilities.

IDOC officials said the emergency rule was filed only after both the need and the necessary infrastructure were in place.

“Before the tablets were available and scanning capabilities were ready, we did not have the infrastructure to respond,” the department explained, framing the move as a step to ensure staff and inmate safety.

State Rep. Curtis Tarver, D-Chicago, expressed skepticism over the emergency designation.

“I had a cousin who was in prison from 1998 until 2024. I can’t tell you how many times Menard [Correctional Center] completely stopped mail,” said Tarver. “So it seems odd that you are now asking for authority you already appear to have. And if you don’t have it, then why wasn’t it used over the past 20-plus years? This is very concerning to me. I don’t trust you to be frank.”

Tarver questioned Robert Fanning, IDOC’s chief legal counsel, why the IDOC prioritized entertainment content on newly deployed tablets rather than communications tools that could protect inmates and staff.

“If this is really about potentially saving lives, why would those things not be prioritized first?” Tarver asked.

Justin Hammers, IDOC chief of operations, testified that mail is the highest source of contraband discovered, including drugs and chemical-laced papers, and said the tablet system is part of a broader effort to reduce these risks while expanding inmate access to information and communication.

State Rep. Steven Reick, R-Woodstock, focused on both the evidence for the emergency rule and the financial structure of the vendor providing the tablets.

“Have you provided data regarding overdoses and things like that pre-scan and post-scan to show that, in fact, you’re on the right path here?” Reick asked.

Jennifer Vollen-Katz, John Howard Association executive director, said in a news release JHA has continually requested data relating to drug contraband inside prisons from IDOC officials.

“This year JHA supported the efforts of Senator Graciela Guzman and Representative Gregg Johnson who championed SB2201 – which Governor Pritzker signed into law on August 15, 2025. This new law mandates collection and reporting of contraband data in IDOC, including what, where, how, and the type of contraband entering prisons, among other relevant information,” stated Vollen-Katz, “This data is critical to identifying effective solutions that will keep contraband out of facilities, and should be awaited before drastic changes to policy are made.”

Reick also questioned how the program is funded, pointing out that there was no dedicated line item in the 2026 budget.

Fanning explained that the tablet provider operates on a zero-cost contract and recoups its expenses by selling content to inmates.

“Frankly, if this is a safety issue, I don’t understand why you are allowing them to make money on ancillary things that have nothing to do with the safety of your employees or the people who are incarcerated,” said Reick.

Tarver also questioned whether safety was prioritized in the tablet rollout, noting the vendor profits from entertainment content. Fanning said he was not involved in those discussions, despite serving as the department’s general counsel.