Legal Mail vs. Privileged Mail in Illinois DOC: Definitions & How Staff Handle It

In Illinois DOC, “legal mail” includes mail to and from registered attorneys who provide direct legal representation to an offender. In plain terms, it’s attorney-client mail connected to the person’s actual case or legal needs - not general legal information or a referral service. If you’re trying to send something as legal mail, the key is that it’s coming from (or going to) an attorney who is directly representing the offender.

“Privileged mail” is a separate category that covers certain official correspondents. Illinois DOC treats mail to or from the Director, Assistant Directors, and Department attorneys as privileged, along with mail to or from Prisoner Review Board members. It also includes mail to or from the Governor of Illinois and federal, state, or local Illinois legislators. If your letter falls into one of these official channels, it belongs in the privileged-mail lane - not regular personal mail.

For both privileged mail and legal mail, Illinois DOC requires clear labeling on the outside of the envelope. Incoming mail in these categories must be marked as “privileged” or “legal,” and it must clearly show the sender’s name, title, and address. Once it arrives, staff handle it differently than regular mail: incoming privileged or legal mail is opened by staff in the presence of the offender it’s addressed to. The purpose of opening it in front of the offender is to check for contraband and to verify the identity of the sender - not to treat it like routine correspondence.

4

• ✓ Write “LEGAL MAIL” or “PRIVILEGED MAIL” clearly on the outside of the envelope (don’t assume staff will guess based on who you are).
• ✓ Include the sender’s name, title, and full return address on the envelope.
• ✓ Double-check that the return address matches the sender information you’re listing.
• ✓ If the contents are time-sensitive, consider using a mailing option that gives you tracking so you can confirm when it was delivered (a helpful choice, not a requirement).