101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4793
 
Introduced 2/18/2020, by Rep. Delia C. Ramirez
 
SYNOPSIS AS INTRODUCED:
 

 
725 ILCS 5/Art. 106G heading new
725 ILCS 5/106G-5 new
725 ILCS 5/106G-10 new

     Amends the Code of Criminal Procedure of 1963. Creates a bill of rights for children of incarcerated parents.  Provides that the Department of Corrections, the county sheriff, or county correctional department shall develop and implement policies and practices that adhere to the bill of rights for decisions that impact incarcerated individuals with children. Effective immediately.
  


LRB101 19163 RLC 68626 b

 
 
A BILL FOR
 

  
HB4793LRB101 19163 RLC 68626 b


  
1    AN ACT concerning criminal law.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  
 
 
4    Section 1. Short title. This Act may be cited as the Bill 
5of Rights for Children of Incarcerated Parents Act.
 
6    Section 3. Purpose. The purpose of this Act is to ensure 
7the fair and compassionate treatment for children of 
8incarcerated parents by affording certain basic rights and 
9considerations to these children.
 
10    Section 5. The Code of Criminal Procedure of 1963 is 
11amended  by adding Article 106G as follows:
 
12    (725 ILCS 5/Art. 106G heading new)
13
ARTICLE 106G.  BILL OF RIGHTS FOR CHILDREN OF INCARCERATED 
14
PARENTS

 
15    (725 ILCS 5/106G-5 new)
16    Sec. 106G-5. Policies and procedures. The Department of 
17Corrections,  county sheriff, or county correctional department 
18shall develop and implement policies and practices that adhere 
19to the guiding principles in Section 106G-10 for decisions that 
20impact incarcerated individuals with children.
 
 
 
HB4793- 2 -LRB101 19163 RLC 68626 b

1    (725 ILCS 5/106G-10 new)
2    Sec. 106G-10. Bill of rights for children of incarcerated 
3parents. The bill of rights for children of incarcerated 
4parents described in this Section must recognize that each 
5child of an incarcerated parent has certain essential rights, 
6including, but not limited to, the following:
7    (1) To be protected from additional trauma at the time of 
8parental arrest and sentencing. 
9    (2) To be informed of the arrest and any sentence in an 
10age-appropriate manner. 
11    (3) To be heard and respected by decision makers when 
12decisions are made about the child. 
13    (4) To be considered when decisions are made about the 
14child's parent. 
15    (5) To be cared for in the absence of the child's parent in 
16a way that prioritizes the child's physical, mental, and 
17emotional needs. 
18    (6) To be supported during the parent's incarceration. 
19    (7) To speak with, see, and touch the incarcerated parent. 
20    (8) To be informed about local services and programs that 
21can provide support to the child as the child deals with the 
22parent's incarceration. 
23    (9) To not be judged, labeled, or blamed for the parent's 
24incarceration. 
25    (10) To have a lifelong relationship with the incarcerated 
 
 
HB4793- 3 -LRB101 19163 RLC 68626 b

1parent. 
 
 
2    Section 99. Effective date. This Act takes effect upon 
3becoming law.