Illinois ยท Updated July 2026 ยท Verified by InmateAid

Inmate Rights in Illinois

Know your rights inside Illinois prisons and jails, from health care lawsuits and mail to grievances, PREA, and solitary confinement. InmateAid has them.

Illinois state prisons hold approximately 30,000 people and are the subject of multiple active federal class actions that have reshaped conditions and rights in the system over years of litigation. The Illinois Department of Corrections, known as the IDOC, refers to people in its custody as individuals in custody throughout its official communications. Two federal cases define the health care and mental health rights picture more than anything else. Lippert v. Jeffreys, brought by the ACLU of Illinois, Uptown People's Law Center, and Dentons, is an active class action on health care with a court appointed independent monitor, Dr. John Raba, who issues public reports. Hilliard v. Hughes, filed in April 2025, alleges that IDOC fails to provide adequate mental health treatment and regularly responds to mental health crises with punishment rather than care.

On solitary confinement, a federal class action certified in June 2021 covers all state prisoners and challenges the excessive use of extreme isolation in IDOC facilities. The case described conditions in solitary as tiny, often windowless cells smaller than the square footage the Illinois Legislature requires for new prison construction. In response, IDOC rewrote its rules on solitary, but about four percent of the incarcerated population has remained in some form of isolation.

This guide covers rights inside Illinois state prisons and county jails across ten domains, grounded in IDOC policy, Illinois Administrative Code, and the current litigation landscape.

Here is the short version, before we take each right apart.

Medical care is under active federal monitoring through Lippert v. Jeffreys with a court appointed monitor issuing public reports. Mental health care is the subject of the newly filed Hilliard v. Hughes case alleging that IDOC punishes rather than treats people in mental health crisis. Mail is subject to new IDOC processes for non privileged incoming mail implemented recently, with legal mail protected by constitutional rules. Phone and video calls run through ICSolutions; phone service and video visitation both transitioned to new vendors in 2025. A pilot program called Voices of Connection launched in November 2025 to provide no cost phone calls. Visitation follows facility specific schedules with visitor applications and approval. Grievances follow Illinois Administrative Code 504 Subpart F. Disciplinary hearings carry due process protections. Solitary confinement is subject to a class action and IDOC rewrote its rules in response. Religious practice is protected under the First Amendment and RLUIPA. PREA protections apply. ADA accommodations are required by federal law. The Illinois Prisoner Review Board governs parole.

Medical care: Lippert v. Jeffreys

Every person in an Illinois state prison has a constitutional right to adequate medical and dental care under the Eighth Amendment. Lippert v. Jeffreys, brought by the ACLU of Illinois, Uptown People's Law Center, and Dentons, is an active class action that for years has been the primary legal mechanism for enforcing medical care standards in Illinois prisons. The case involves an independent, court appointed monitor, Dr. John Raba, who conducts audits of IDOC health care and issues public reports. Court ordered audits have continued to document IDOC's failures to provide basic care.

If your loved one is not receiving needed medical care, submit every request in writing with a date, keep copies, and file a formal grievance under Illinois Administrative Code 504 Subpart F. Document every denial and its consequences. The Uptown People's Law Center monitors Lippert v. Jeffreys and publishes reports; they can be contacted for systemic health care concerns at Illinois state prisons.

Mental health care: Hilliard v. Hughes and beyond

Mental health care in Illinois state prisons has a long documented history of litigation. A prior settlement on mental health care was entered in May 2016 requiring IDOC to revamp treatment for people with serious mental illnesses. Despite IDOC's failure to comply, the court dismissed that case in 2023. The ACLU of Illinois and Uptown People's Law Center appealed. In April 2025, they filed a new case, Hilliard v. Hughes, alleging that IDOC is still not providing adequate mental health treatment and that it regularly responds to mental health needs and crises with punishment rather than care.

If your loved one has a serious mental illness and is being denied treatment, or is being placed in segregation or punished as a response to a mental health crisis, document everything in writing and file a formal grievance. The April 2025 filing of Hilliard v. Hughes signals that the Uptown People's Law Center and ACLU of Illinois are actively monitoring and litigating this area and can be contacted.

Mail: new processes for non privileged mail

IDOC has implemented new processes for non privileged incoming mail and publications effective immediately as of recent notices on the IDOC website. Families should check the current incoming mail policies on the IDOC website or through InmateAid before sending mail, because the processes for general correspondence have changed. Legal mail, meaning correspondence with courts, licensed attorneys, and other privileged parties, follows Department Rule 525 and must be opened only in the individual's presence to check for physical contraband and cannot be read.

Under IDOC mail policy, the sender of rejected mail receives notification and the opportunity to appeal IDOC's decision. An individual in custody may use the grievance procedures under 20 Illinois Administrative Code 504 Subpart F to challenge a rejected mail decision. Items not authorized to be mailed to individuals in custody are listed on the IDOC website. InmateAid can help families confirm the current mailing address and format requirements for the specific facility.

Phone and video contact

Illinois IDOC transitioned its phone service and video visitation service to new vendors in 2025. As of June 2025, all IDOC facilities except Adult Transition Centers have transitioned video visitation from GTL to ICSolutions. Families must create an ICSolutions account to schedule video visits. Phone calls are monitored and recorded except for attorney calls. IDOC may apply restrictions including limits on call length, calling hours, and call numbers.

In November 2025, IDOC launched the Voices of Connection pilot program, which provides no cost phone calls to loved ones for individuals in custody. This is a significant development for families, as phone call costs have historically been a barrier to regular contact. InmateAid can help families navigate the current phone and video system, set up accounts, and maintain the regular contact that is documented to support better outcomes after release.

Visitation

Visitation in Illinois state prisons follows facility specific schedules and requires an approved visitor application. Families must apply and be approved before any visit can occur. Attorney visits are handled separately under Department Rule 525: the attorney must send a written request by fax to the facility at least two business days before the visit, including the client's name and IDOC identification number, the requested date and time, and the attorney's contact information and registration number.

If a visit is denied or terminated, the individual in custody may seek review through the IDOC grievance process. County jails in Illinois are run by county sheriffs under local authority with their own visiting rules. Check the specific facility's current visiting schedule and requirements through the IDOC website or InmateAid before traveling. IDOC's March 2024 announcement of plans to rebuild two new correctional facilities with gender responsive designs signals that the physical environment for visitation and programming may change at those facilities over the coming years.

The grievance process

The IDOC grievance process is governed by 20 Illinois Administrative Code 504 Subpart F. Completing the grievance process is required before filing a federal civil rights lawsuit under the Prison Litigation Reform Act. The process runs through facility level review, with appeals available. Illinois Legal Aid Online notes that IDOC has a Grievance Module for tracking grievances.

File every grievance in writing, keep a copy, and document every response and every failure to respond within required timeframes. The grievance process covers conditions of confinement, medical care, disciplinary actions, mail, and other rights concerns. If the grievance process fails on a systemic issue, contact the Uptown People's Law Center, which actively monitors IDOC and has brought multiple class actions against the department. The John Howard Association of Illinois is another external resource that monitors IDOC conditions and publishes reports.

Disciplinary hearings

When an individual in Illinois state prison is accused of a disciplinary infraction, they are entitled to the minimum due process protections from Wolff v. McDonnell: advance written notice of the charge, a hearing, and a written statement of the evidence and reasons for any sanction. Illinois Administrative Code governs the disciplinary process in IDOC facilities.

A disciplinary conviction can affect classification, housing assignment, program eligibility, and visiting access. Document what happened at the hearing, who was present, and what evidence was considered. If the hearing result appears to violate procedural requirements, file a grievance under 20 Ill. Adm. Code 504 Subpart F. A disciplinary record also affects Prisoner Review Board consideration for parole and good time credits.

Solitary confinement: the class action and IDOC's response

Illinois's use of solitary confinement in state prisons has been subject to a federal class action since June 2021, when a court certified a class covering all 28,000 plus state prisoners and challenging the excessive use of extreme isolation. The case described conditions in solitary as tiny, often windowless cells smaller than the minimum square footage the Illinois Legislature requires for new prison construction, and characterized the practice as torture.

In response to the lawsuit, IDOC rewrote its solitary confinement rules to shorten sentences and create a pathway for people to work out of segregation. Despite these changes, approximately four percent of the incarcerated population has remained in solitary. Legislative advocates have proposed the Isolated Confinement Restriction Act, which would limit solitary to no more than 10 consecutive days in any 180 day period and require out of cell activities, but the bill had not been enacted as of the time of this writing. If your loved one is in solitary confinement, document conditions and file a grievance.

PREA and protection from sexual abuse

The Prison Rape Elimination Act applies in all IDOC facilities and in Illinois county jails. Every person in custody has the right to be free from sexual abuse and sexual harassment by staff and by other individuals in custody. IDOC is required to maintain PREA policies, train staff, provide a reporting mechanism, and protect people who report from retaliation.

Reports of sexual abuse or harassment can be made to facility staff, to the PREA coordinator, or through external reporting options. Retaliation against someone who reports is a PREA violation and the basis of a separate complaint. Document every incident, every report made, and any change in housing or treatment that follows a report.

Religious practice

People in Illinois state prisons have the right to religious practice under the First Amendment and the federal Religious Land Use and Institutionalized Persons Act. IDOC must accommodate sincere religious beliefs and practices unless it can demonstrate a compelling security interest that cannot be addressed through less restrictive means. Religious programming and chaplaincy services are available in IDOC facilities.

Requests for specific religious accommodations, including dietary adjustments and access to religious items, go through the facility chaplain and the IDOC accommodation process. Denials must rest on a genuine documented security concern and can be challenged through the 504 Subpart F grievance process and, if unresolved, in federal court under RLUIPA.

ADA and disability accommodations

People with disabilities in Illinois state prisons are protected by the Americans with Disabilities Act. IDOC must provide reasonable accommodations for people with mobility, vision, hearing, cognitive, and other disabilities, and must ensure they can participate in programs and services on an equal basis. Disability rights have also been the subject of litigation in Illinois; federal courts have ordered IDOC to improve conditions for people who are deaf and for people with physical disabilities.

Requests for disability accommodations should be submitted in writing to the facility. A denial or failure to respond can be challenged through the 504 Subpart F grievance process and, if unresolved, in federal court. Document every accommodation requested and every response received.

Parole and the Prisoner Review Board

Parole decisions in Illinois rest with the Illinois Prisoner Review Board, which is a separate entity from the IDOC. The Board governs release on parole and also determines conditions of supervised release. Illinois enacted SB 2129, a resentencing law effective January 1, 2022, that allows prosecutors to bring cases back to court for resentencing when the original sentence no longer serves the interests of justice. Prosecutors may motion a sentencing judge to resentence an individual to a lesser sentence, but the law does not give individuals in custody an entitlement to resentencing.

Illinois also enacted changes to supervised release that allow eligible individuals to check in with supervision officers by phone or electronic means rather than in person, reducing barriers to employment and childcare. The Prisoner Review Board is also mandated to reduce a term of supervised release by 90 days when a person attains an associate's degree or vocational technical certificate. Planning for release, including participation in education and programming, matters directly for time reduction and the Board's decisions.

The bottom line for Illinois

Illinois's prison rights landscape is defined by active federal litigation, an independent health care monitor, a pending mental health lawsuit, a solitary confinement class action, and recent legislative changes on resentencing and supervised release. The IDOC is one of the most heavily litigated prison systems in the country, which means the rights in this guide are backed by active court orders and monitored by experienced advocates.

The rights in this guide are real: medical care under Lippert monitoring, mental health care under the new Hilliard case, legal mail protections under Department Rule 525, phone contact through ICSolutions with a new no cost call pilot, grievances under 20 Ill. Adm. Code 504 Subpart F, due process in disciplinary hearings, solitary confinement subject to a class action, PREA protections, religious accommodation, disability access, and resentencing and release provisions under SB 2129 and the Prisoner Review Board. Document everything, file every grievance, contact the Uptown People's Law Center or the ACLU of Illinois for systemic concerns, and stay in contact through InmateAid.

Frequently asked questions

State prison vs. county jail: how do rights differ?

Illinois state prisons run under the IDOC with uniform Illinois Administrative Code regulations, active federal monitoring through Lippert v. Jeffreys, and grievances under 20 Ill. Adm. Code 504 Subpart F. County jails in Illinois are run by county sheriffs under local authority with separate rules, grievance procedures, and oversight. Constitutional rights are the same at both levels but procedures differ significantly. People in county jails awaiting trial retain rights that convicted people do not.

What are Lippert v. Jeffreys and Hilliard v. Hughes?

Lippert v. Jeffreys is an active federal class action by the ACLU of Illinois, Uptown People's Law Center, and Dentons challenging inadequate medical care in Illinois prisons, with a court appointed independent monitor, Dr. John Raba, issuing public audit reports. Hilliard v. Hughes is a new case filed in April 2025 by the same organizations, alleging IDOC fails to provide adequate mental health treatment and routinely punishes people in mental health crisis rather than treating them.

What is the solitary confinement class action in Illinois?

In June 2021, a federal court certified a class action covering all 28,000 plus Illinois state prisoners challenging the excessive use of extreme isolation. The case described solitary conditions as tiny, often windowless cells smaller than Illinois legislative minimums for new construction. In response, IDOC rewrote its solitary rules to shorten sentences. About four percent of the population remains in solitary. The Isolated Confinement Restriction Act has been proposed to limit solitary to 10 days in any 180 day period but had not been enacted at the time of this writing.

How does the Illinois grievance process work?

The IDOC grievance process is governed by 20 Illinois Administrative Code 504 Subpart F. Grievances are filed at the facility level and can be appealed. Completing all available steps is required before filing a federal lawsuit under the Prison Litigation Reform Act. File every grievance in writing, keep copies, and document every response and failure to respond. Rejected mail decisions can also be appealed through the grievance process. The Uptown People's Law Center and the John Howard Association of Illinois are external resources for systemic concerns.

What is the Voices of Connection pilot program?

Voices of Connection is a pilot program launched by IDOC in November 2025 that provides no cost phone calls to loved ones for individuals in custody. Phone call costs have historically been a barrier to family contact in Illinois prisons. The pilot represents a shift toward reducing that barrier. Families should check with the IDOC or InmateAid for current eligibility, facility participation, and how to access the program.

What PREA protections exist in Illinois?

The Prison Rape Elimination Act applies across all IDOC facilities and Illinois county jails. IDOC must maintain PREA policies, train staff, and provide a reporting channel free from retaliation. Reports can be made to facility staff, the PREA coordinator, or through external options. Retaliation for reporting is a PREA violation. Document every incident, every report made, and any change in housing or treatment that follows.

What is the Illinois Prisoner Review Board?

The Illinois Prisoner Review Board is separate from the IDOC and has authority over parole decisions and conditions of supervised release. Illinois SB 2129, effective January 1, 2022, allows prosecutors to bring cases back to court for resentencing when the original sentence no longer serves the interests of justice, but it does not entitle individuals to resentencing. The Board is also mandated to reduce supervised release by 90 days when a person earns an associate's degree or vocational certificate. Planning for release through education and programming matters directly.

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