SPRINGFIELD – Taking a step forward in ensuring the safety and well-being of employees and incarcerated individuals, State Senator Willie Preston’s measure addressing indecent exposure in correctional facilities was signed into law on Friday.

"We have to take a stand in our correctional facilities and create policy that prioritizes the safety of staff and inmates,” Preston (D-Chicago). “This law sets a standard in Illinois that we will not tolerate harassment and intimidation by criminalizing these acts of public indecency."

This law amends the Criminal Code of 2012 to create the offense of "lewd sexual display in a penal institution," making it a Class A misdemeanor for incarcerated individuals to expose themselves with the purpose or effect of intimidating, harassing or threatening someone in the presence of such a display. Repeat offenders face more severe penalties, with subsequent violations being considered Class 4 felonies. The provisions will be repealed on Jan. 1, 2028, allowing for thorough review of annual reports provided by the Illinois Criminal Justice Information Authority.

Brought forth by the Cook County Sherriff’s Office, the measure mirrors penalties for public indecency but changes the penalties given the context and motivation of the crime, excluding facilities of the Illinois Department of Juvenile Justice and other juvenile detention facilities, as well as individuals under the age of 18 and those suffering from behavioral health issues.

"Those who display the types of behavior outlined in this law will have to adhere to the consequences, but they will also have to undergo evaluation and receive appropriate mental health treatment,” Preston said. “We have to provide access to these resources if our intent is to rehabilitate and prevent repeated offensive behavior.”

House Bill 1399 was signed into law on Friday and goes into effect effect Jan. 1, 2024.

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