HB5434eng 104TH GENERAL ASSEMBLY

HB5434 Engrossed LRB104 16800 WRO 30209 b

AN ACT concerning criminal law.

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 Emerging Adult Criminal Justice Task Force Act.

Section 5. Findings. The General Assembly finds that:

(1) Emerging adults are disproportionately involved in the criminal justice system. National data consistently show that individuals in this age group have the highest rates of arrest, jail admissions, prison admissions, and rearrest.

(2) Developmental psychology and neuroscience studies have shown that judgment, impulse control, and psychosocial maturity may continue developing into the mid-20s. Emerging adults may differ significantly from older adults in risk assessment, susceptibility to peer influence, emotional regulation, and decision-making under stress.

(3) Emerging adults may also face elevated rates of mental health disorders, trauma exposure, substance use disorders, unemployment, and housing instability. These vulnerabilities are closely linked to system involvement.

(4) Despite these challenges, emerging adults possess strong capacity for change. Their brains retain high neuroplasticity, and appropriate interventions during this developmental period produce greater long-term benefits than comparable interventions for older adults.

(5) Traditional adult criminal justice responses can be counterproductive for emerging adults. Adult jails and prisons can be associated with higher rates of victimization, self-harm, long-term disability, and recidivism among this population.

(6) States and jurisdictions across the U.S. have created special laws or practices for emerging adults, including extended juvenile jurisdiction, youthful offender statutes, specialized probation units, young adult courts, and correctional units tailored to this age group.

(7) Illinois has taken several important steps, including youthful offender parole, the First Time Weapon Offender Program, and the Cook County SEED Program, but it has not comprehensively examined the full spectrum of policies affecting emerging adults.

(8) After decades of program based intervention alternatives for juveniles, it is appropriate for the task force to evaluate the efficiency of each of these programs to ensure only those that are reducing criminal behavior and providing for public safety and continues while those that are not providing the expected benefits are phased out.

(9) Illinois would benefit from a comprehensive, bipartisan, data-driven review of approaches to emerging adults across the criminal justice system.

Section 10. Purpose. The purpose of this Act is to create a bipartisan, bicameral Task Force to study and recommend strategies for developmentally appropriate, cost-effective, and equitable approaches to emerging adults in Illinois that provides opportunities for emerging adults to divert from the criminal justice system.

Section 15. Definitions. In this Act:

"Department" means the Department of Corrections.

"Emerging adult" means an individual who is 18 to 25 years of age.

"Task Force" means the Task Force on Emerging Adults in the Criminal Justice System established under this Act.

Section 20. Establishment of Task Force. The Task Force on Emerging Adults in the Criminal Justice System is established within the Department and shall be provided staffing, research, and administrative support by the Department.

Section 25. Membership.

(a) The Task Force shall be bipartisan, bicameral, and include representation from stakeholders in the criminal justice system, organizations that work extensively with young adults, and those with lived experience in the criminal justice system as emerging adults.

(b) The Task Force shall consist of the following members:

(1) two members of the Senate appointed by the President of the Senate, one of whom shall be designated as co-chair of the Task Force;

(2) two members of the Senate appointed by the Minority Leader of the Senate;

(3) two members of the House appointed by the Speaker of the House, one of whom shall be designated as co-chair of the Task Force;

(4) two members of the House appointed by the Minority Leader of the House; and

(5) the following members appointed by the Governor:

(A) the Director of the Department or the Director's designee;

(B) the Director of Juvenile Justice or the Director's designee;

(C) the Director of the Administrative Office of the Illinois Courts or the Director's designee;

(D) one circuit court judge with criminal or problem-solving court experience;

(E) three State's Attorneys representing counties of varying size;

(F) three Public Defenders representing counties of varying size;

(G) one representative of a statewide or regional victims' rights organization;

(H) two representatives of a municipal police department;

(I) two representatives of a sheriff's office that operates a county jail;

(J) two representatives of a community-based legal services or holistic defense organization serving emerging adults;

(K) one representative of a community-based organization that provides reentry services to returning citizens, including emerging adults;

(L) one representative of a community-based organization providing education, workforce development, housing, or behavioral health services to emerging adults;

(M) one representative of an employer association, trade group, or major employer who regularly hires and supervises young adults who are ages 18 to 25;

(N) one administrator or faculty member from an Illinois community college or public university with expertise in student development or the behavior of emerging adults;

(O) one licensed mental health professional or developmental psychologist with expertise in late adolescence and emerging adulthood;

(P) two individuals with lived experience of justice involvement for offenses committed between ages 18 and 25, including at least one formerly incarcerated in an adult facility;

(Q) the Director of the Sentencing Policy Advisory Committee;

(R) a representative of an association that represents attorneys statewide; and

(S) a representative of a philanthropic organization with expertise and experience in funding services and policies for justice-involved emerging adults.

(c) Members shall serve without compensation but may be reimbursed for reasonable expenses subject to appropriation.

(d) Vacancies shall be filled in the manner of original appointment.

(e) Membership shall reflect, to the extent practicable, the demographic and geographic diversity of the State.

Section 30. Meetings; quorum; public input. The first meeting of the Task Force shall be held within 60 days after the appointment of a majority of its members. Meetings of the Task Force shall be called by the co-chairs. A majority of the members of the Task Force shall constitute a quorum. All meetings of the Task Force shall be subject to the Open Meetings Act. At least 3 public hearings of the Task Force shall be held in different regions of Illinois.

Section 35. Duties. The Task Force shall:

(1) review Illinois law and practice affecting emerging adults across pretrial, sentencing, corrections, supervision, and reentry;

(2) examine emerging adult models in other states and jurisdictions, including the United Nations Standard Minimum Rules for Non-custodial Measures and the United Nations Standard Minimum Rules for the Administration of Juvenile Justice;

(3) integrate and summarize current developmental research on emerging adults;

(4) analyze racial, ethnic, gender, and geographic disparities affecting emerging adults;

(5) conduct benefit-cost and fiscal analyses of current practices versus developmentally tailored alternatives;

(6) engage stakeholders, including crime survivors, law enforcement organizations, employers, higher education institutions, community organizations, and individuals with lived experience with the criminal justice system;

(7) develop recommendations for statutory, policy, and programmatic improvements; and

(8) allow any Task Force member to prepare a written dissent or statement of concern regarding any finding or recommendation, which shall be included verbatim in all interim and final reports.

Section 40. Reports.

(a) No later than January 31, 2027, the Task Force shall submit an interim report to the Governor and the General Assembly summarizing its preliminary findings, analyses, and recommendations. The interim report shall include any written dissents or statements of concern submitted by Task Force members.

(b) No later than December 1, 2027, the Task Force shall submit a final report to the Governor and the General Assembly, and the Department shall publish the report on its website. The final report shall include:

(1) all final findings and recommendations;

(2) draft statutory language, where appropriate;

(3) estimated fiscal impacts and benefit-cost analyses; and

(4) all written dissents or statements of concern submitted by any member, which shall be included in full and published in the public version of the report.

(c) Any member may submit a dissent or statement of concern up to 14 days following the adoption of any recommendation. The Department shall publish all dissenting statements alongside majority recommendations.

Section 45. Support; cooperation.

(a) The Department shall provide staff support, research, data analysis, and administrative assistance to the Task Force.

(b) State and local agencies shall cooperate with reasonable requests for data and information, consistent with all confidentiality laws.

Section 50. Repeal. This Act is repealed on June 30, 2028.

Section 99. Effective date. This Act takes effect upon becoming law.