093_HB2608eng

 
HB2608 Engrossed                     LRB093 06999 DRJ 07149 b

 1        AN ACT in relation to homeless persons.

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

 4        Section 1.  Short title. This Act may  be  cited  as  the
 5    Bill of Rights for the Homeless Act.

 6        Section  5.  Legislative intent.  It is the long-standing
 7    policy  of    this  State  that  no  person   should   suffer
 8    unnecessarily from cold or  hunger, or be deprived of shelter
 9    or the basic rights incident to shelter. At the present time,
10    many  persons  have  been  rendered  homeless as  a result of
11    economic adversity, a severe shortage of affordable housing,
12    and increased stress due to the complexity  of  daily  living
13    that  has   created an inability on the part of those persons
14    to interact in society.  It is  the intent  of  this  Act  to
15    lessen  the adverse affects and conditions caused by the lack
16    of residence or a home.

17        Section 10.  Bill of Rights.
18        (a)  No person's rights, privileges, or access to  public
19    services  may  be denied or abridged solely because he or she
20    is homeless.  Such a person shall be granted the same  rights
21    and  privileges  as   any other citizen of this State.  These
22    rights include but are not limited to the following:
23             (1)  The right to live  in  any  community  in  this
24        State in  which he or she can afford to live.
25             (2)  The   right   to   choose   a  type  of  living
26        arrangements  in    accordance  with  local   regulations
27        without  harassment  or  interference  from    any  other
28        citizen or from any public or private entity.
29             (3)  The    right   to   employment   and   training
30        opportunities in  accordance with his  or  her  interests
 
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 1        and abilities.
 2             (4)  The right to access to emergency medical health
 3        services  in  any  health care facility doing business in
 4        this State.
 5             (5)  The right to manage his  or  her  own  personal
 6        finances notwithstanding his or her living arrangements,
 7        unless   (i)  the  person  voluntarily  signs  a  written
 8        agreement,  sworn  to  and  witnessed  before  a   notary
 9        public, authorizing an individual or agency to manage his
10        or her finances, (ii) the person resides in a shelter for
11        homeless  persons  and  has enrolled in a savings program
12        designed  to  provide  rent  money  upon   the   person's
13        departure  from the shelter, or (iii) the person has been
14        ruled or adjudicated by a court of competent jurisdiction
15        to be incompetent to manage his or her financial affairs.
16             (6)  The right to not be coerced or penalized in any
17        way  for not taking any medication or for not  undergoing
18        any  medical treatment that has not  been authorized by a
19        qualified physician.
20             (7)  In the case of a group  living  arrangement  or
21        long-term    care facility, the right to receive and sign
22        any check, voucher, or  other  warrant  or  legal  tender
23        issued  in  his  or  her  name   before the moneys may be
24        expended by the person's landlord or a  public or private
25        agency, unless the person waives the right in  a  writing
26        sworn  to  before  a  notary    public.  If the person is
27        unable to sign his or her name, the  person may make  his
28        or  her  signature  with  an  "X" that is  witnessed by 2
29        other persons not employed or  directly  associated  with
30        the    landlord  or  agency,  preferably  a  relative  or
31        guardian  of  the  person  or  someone  designated by the
32        person beforehand.
33             (8)  The right to vote,  which  may  not  be  denied
34        solely    because  the  person  does not have a permanent
 
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 1        residence.
 2             (9)  The right of visitation  with  family  members,
 3        friends,  clergy, and professional or public  consultants
 4        notwithstanding the person's living arrangements, as long
 5        as the visitation does  not  interfere  with  the  smooth
 6        operation of the person's place  of residence.
 7             (10)  The   right  to  receive  public  services  or
 8        accommodations offered to any other citizen of this State
 9        in accordance, with  established  eligibility  guidelines
10        for those services.
11             (11)  The   right  to  confidentiality  of  records.
12        Homeless  shelters  shall  obtain  a  voluntary   written
13        release  from  a  homeless person prior to disclosing any
14        personal  information  regarding  the  homeless   person,
15        including,  but  not  limited  to,  name, social security
16        number, and birth date, except  in  aggregate  form.  The
17        right   to   confidentiality   of  records  includes  the
18        dissemination of  materials  to  other  agencies,  either
19        private or public. The homeless person shall be given the
20        option   of  whether  to  release  records  via  informed
21        consent, based on guidelines from  the  Office  of  Human
22        Research  Protections, United States Department of Health
23        and Human Services, including:
24                  (A)  the expected  duration  of  the  subject's
25             participation;
26                  (B)  an  explanation  of  whom  to  contact for
27             answers to pertinent questions  about  the  research
28             and  research  subjects' rights, and whom to contact
29             in the event of a  research-related  injury  to  the
30             subject;
31                  (C)  a    statement   that   participation   in
32             releasing   records   is   voluntary,   refusal   to
33             participate will  involve  no  penalty  or  loss  of
34             benefits to which the subject is otherwise entitled,
 
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 1             and the subject may discontinue participation in the
 2             record  release  at any time without penalty or loss
 3             of  benefits  to  which  the  subject  is  otherwise
 4             entitled;
 5                  (D)  a   description    of    any    reasonably
 6             foreseeable risks or discomforts to the subject; and
 7                  (E)  a statement describing the extent, if any,
 8             to  which confidentiality of records identifying the
 9             subject will be maintained.
10        (b)  The Department of Public Health  shall  monitor  and
11    enforce  the    rights  of  homeless  persons  set  forth  in
12    subsection  (a).   The  Department  may designate one or more
13    local  health departments or local health officers to monitor
14    and enforce  those rights.

15        Section 15.  DCCA; housing assistance. The Department  of
16    Commerce    and Community Affairs may establish priorities of
17    eligibility for temporary rental or other  housing assistance
18    among the various categories of  persons  needing  assistance
19    in   obtaining   or  retaining  housing,  including,  without
20    limitation,  persons  subject  to  immediate   eviction   for
21    nonpayment  of rent or subject to foreclosure  for nonpayment
22    of mortgage installments or property taxes,  when  nonpayment
23    is attributable to illness, unemployment, underemployment, or
24    any  other   failure of lack of resources beyond the person's
25    control.