HB3043 104TH GENERAL ASSEMBLY

LRB104 09632 KTG 19697 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB3043

Introduced 2/6/2025, by Rep. Maurice A. West, II

SYNOPSIS AS INTRODUCED:

New Act

Creates the Criminal Justice Special Advocates Program for People with Disabilities Act. Provides that subject to appropriation for this purpose, the Department of Human Services shall establish a 3-year, 5-county pilot program to provide a minimum of one criminal justice special advocate in each selected county to serve the advocacy and support needs of an individual with an intellectual disability or a developmental disability involved in the criminal justice system of the county. Contains provisions concerning the selection of counties; the qualifications and duties of criminal justice special advocates; and Department evaluation and reporting requirements.

A BILL FOR

AN ACT concerning criminal justice.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Criminal Justice Special Advocates Program for People with Disabilities Act.

Section 5. Legislative findings and purpose.

(a) The General Assembly finds that people with an intellectual disability or a developmental disability involved in the criminal justice system face unique challenges in understanding and navigating all phases of the criminal justice process. The General Assembly further finds that it is essential that the State of Illinois commence and evaluate a pilot program in which special advocates in selected counties assist people with intellectual disabilities or developmental disabilities while they are involved in the criminal justice system through advocacy, education, supports, and referrals to appropriate services.

This pilot program is being established as a direct result of recommendations made by the Protection of Individuals with Disabilities in the Criminal Justice System Task Force convened by the Illinois Guardianship and Advocacy Commission. The report of the Task Force issued in September 2021 emphasized the need for specialized advocacy services for individuals with disabilities who are involved in the criminal justice system.

(b) The purpose of this Act is to create and evaluate a 5-county pilot program that provides criminal justice advocacy services and supports to people with an intellectual disability or a developmental disability who are involved in the criminal justice system in a participating county. The advocates will assist people with an intellectual disability or a developmental disability and their guardians, families, caregivers, and supported decision-makers to better understand each phase of the criminal justice process, ensure that their disabilities are understood by officials involved in each phase of the process, and ensure that medication is provided as prescribed and other unique health needs are met for the individual throughout their involvement in the criminal justice process.

Section 10. Definitions.As used in this Act:

"Criminal justice special advocate" means a non-attorney who is trained to provide support and advocacy services to people with an intellectual disability or a developmental disability who is involved in the criminal justice system in a pilot county.

"Department" means the Department of Human Services.

"Developmental disability" has the same meaning ascribed to it in Section 1-106 of the Mental Health and Developmental Disabilities Code.

"Intellectual disability" has the same meaning ascribed to it in Section 1-116 of the Mental Health and Developmental Disabilities Code.

Section 15. Pilot program. Subject to appropriation for this purpose, the Department of Human Services shall establish a 3-year, 5-county pilot program to provide a minimum of one criminal justice special advocate in each selected county to serve the advocacy and support needs of an individual with an intellectual disability or a developmental disability involved in the criminal justice system of the county. Funding shall cover the reasonable costs of the pilot county for the criminal justice special advocate's salary, benefits, training, supervision, equipment and supplies, as approved by the Department.

Section 20. Selection of counties. The Department shall select 5 counties to participate in the 3-year pilot program based on an application process established by the Department. Criteria for evaluating applications and the selection of counties shall be established by the Department. The counties selected must be geographically diverse and demonstrate the need for a Criminal Justice Special Advocate program. Counties shall indicate on their applications where the criminal justice special advocate's office will be located and identify the official or officer who will be providing supervision.

Section 25. Criminal justice special advocates.

(a) Criminal justice special advocates shall be employed by the participating county and shall be independent of any county official or officer who is directly involved in the criminal justice system in the county.

(b) Criminal justice special advocates must be non-attorneys with some experience and training working with people with intellectual disabilities or developmental disabilities, preferably with a background in social work, counseling, or a related field.

(c) The primary duties of the criminal justice special advocate shall include, but are not limited to:

(1) Assisting people with an intellectual disability or a developmental disability and their guardians, family members, caregivers, and supported decision-makers in understanding the legal process and their rights within the criminal justice system.

(2) Advocating for accommodations and necessary services to ensure that people with an intellectual disability or a developmental disability can effectively participate in their defense and the overall legal process.

(3) Coordinating with prosecutors, defense attorneys, law enforcement, courts, and service providers to ensure their understanding of the person's disability and facilitate access to appropriate services.

(4) Providing referrals to mental health, disability services, and other community resources.

(5) Offering support during court proceedings, interviews, and other phases of the criminal justice process.

Section 30. Evaluation and reporting. The Department shall evaluate the effectiveness of the pilot program by collecting annual data as requested by the Department from each participating county beginning in 2027 on a date established by the Department. The Department shall report to the General Assembly and the Governor after the second full year of the pilot program has been completed with a recommendation for continuation, expansion, or non-continuation of the program and detailed reasons for its recommendations.