Full Text of HB2649 101st General Assembly
HB2649enr 101ST GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 3. Purpose. The purpose of this Act is to ensure | 5 | | the fair and compassionate treatment for children of | 6 | | incarcerated parents. This Act does not create any new | 7 | | individual right of action. | 8 | | Section 5. Legislative findings. Based upon a study by | 9 | | Lurie Children's Hospital's researchers, a report by the Annie | 10 | | E. Casey Foundation titled "A Shared Sentence", the work of the | 11 | | San Francisco Children of Incarcerated Parents Partnership, | 12 | | and the findings of the Women's Justice Institute's Gender | 13 | | Informed Practice Assessment, the General Assembly finds the | 14 | | following: | 15 | | (1) Seven million, or one in 10 of the nation's children, | 16 | | have a parent under criminal justice supervision, in jail or | 17 | | prison, on probation, or on parole. | 18 | | (2) From 2011 to 2012, there were approximately 186,000 | 19 | | children in Illinois who had experienced parental | 20 | | incarceration. | 21 | | (3) Approximately 6% of children in Illinois have | 22 | | experienced parental incarceration. | 23 | | (4) In a snapshot of mothers incarcerated at Logan |
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| 1 | | Correctional Center in 2015, they reported having 3,700 | 2 | | children. | 3 | | (5) Children with incarcerated parents have a daunting | 4 | | array of needs. They need a safe place to live and people to | 5 | | care for them in their parents' absence, as well as everything | 6 | | else a parent might be expected to provide: food, clothing, and | 7 | | medical care. | 8 | | (6) Parental incarceration is classified as an Adverse | 9 | | Childhood Experience. Multiple peer-reviewed studies connect | 10 | | Adverse Childhood Experiences, a set of specific traumatic | 11 | | events that occur during childhood, to poor mental and physical | 12 | | health outcomes such as chronic diseases, certain cancers, | 13 | | sexually transmitted infections, depression, and other mental | 14 | | health conditions. | 15 | | (7) Young adults who have experienced parental | 16 | | incarceration are more likely to skip medical care, misuse or | 17 | | abuse prescription drugs, and were more likely to use the | 18 | | emergency room for medical needs. | 19 | | (8) The trauma of being separated from a parent, along with | 20 | | a lack of sympathy or support from others, can increase | 21 | | children's mental health issues, such as depression and | 22 | | anxiety, and hamper educational achievement. Children of | 23 | | incarcerated mothers in particular, are at greater risk of | 24 | | dropping out of school. Research shows preserving a child's | 25 | | relationship with a parent during incarceration benefits both | 26 | | parties. It also benefits society, reducing children's mental |
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| 1 | | health issues and anxiety, while lowering recidivism and | 2 | | facilitating parents' successful return to their communities. | 3 | | Section 30. The Code of Criminal Procedure of 1963 is | 4 | | amended by adding Article 106F as follows: | 5 | | (725 ILCS 5/Art. 106F heading new) | 6 | | ARTICLE 106F. CHILDREN OF INCARCERATED PARENTS TASK FORCE | 7 | | (725 ILCS 5/106F-10 new) | 8 | | Sec. 106F-10. Task Force; creation. The Task Force on | 9 | | Children of Incarcerated Parents is created. The purpose of the | 10 | | Children of Incarcerated Parents Task Force is to develop and | 11 | | propose policies and procedures that encourage the following | 12 | | guiding principles to the extent possible: | 13 | | (1) Children should be protected from additional trauma at | 14 | | the time of parental arrest. | 15 | | (2) Children should be heard, respected, and considered by | 16 | | decision makers when decisions are made about them. | 17 | | (3) Children should be considered when decisions are made | 18 | | about their parent. | 19 | | (4) Children should be cared for and provided access to | 20 | | support in the absence of their parent in a way that | 21 | | prioritizes their physical, mental, and emotional needs. | 22 | | (5) Children should be given an opportunity to speak with | 23 | | and see the incarcerated parent. The opportunity to touch |
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| 1 | | should take into account security concerns. | 2 | | (6) Children should have access to local services and | 3 | | programs that can provide support to them as they deal with | 4 | | their parent's incarceration. | 5 | | (7) Children should not be judged, labeled, or blamed for | 6 | | the parent's incarceration. | 7 | | (8) Children should be able to have a lifelong relationship | 8 | | with their parents. | 9 | | (725 ILCS 5/106F-15 new) | 10 | | Sec. 106F-15. Task Force; membership. | 11 | | (a) Policies and procedures of the Task Force on Children | 12 | | of Incarcerated Parents shall incorporate the emotional, | 13 | | mental, and physical well-being of the children, as well as the | 14 | | safety of officers, other staff, and any other relevant | 15 | | parties. A policy or procedure adhering to the guiding | 16 | | principles of Section 106F-10 shall not supersede a decision by | 17 | | a court having jurisdiction over the best interest of the | 18 | | child. The Task Force shall consist of the following members, | 19 | | appointed by the Lieutenant Governor unless otherwise | 20 | | indicated: | 21 | | (1) 2 members from an organization that advocates for | 22 | | adolescents, youth, or incarcerated parents; | 23 | | (2) 1 member who is an academic or researcher that has | 24 | | studied issues related to the impact of incarceration on | 25 | | youth; |
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| 1 | | (3) 2 members who are adult children who have | 2 | | experienced parental incarceration; | 3 | | (4) 2 members who are formerly incarcerated parents; | 4 | | (5) one member from an organization that facilitates | 5 | | visitation between incarcerated parents and children; | 6 | | (6) the Secretary of Human Services, or his or her | 7 | | designee; | 8 | | (7) the Director of Children and Family Services, or | 9 | | his or her designee; | 10 | | (8) the Cook County Public Guardian, or his or her | 11 | | designee; | 12 | | (9) the Director of Juvenile Justice, or his or her | 13 | | designee; | 14 | | (10) the Director of Corrections, or his or her | 15 | | designee; | 16 | | (11) the President of the Illinois Sheriffs | 17 | | Association, or his or her designee; | 18 | | (12) the Cook County Sheriff, or his or her designee; | 19 | | (13) the Director of State Police, or his or her | 20 | | designee; | 21 | | (14) the Chief of the Chicago Police Department, or his | 22 | | or her designee; | 23 | | (15) the Director of the Illinois Law Enforcement | 24 | | Training Standards Board, or his or her designee; | 25 | | (16) the Attorney General, or his or her designee; | 26 | | (17) one member who represents the court system; |
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| 1 | | (18) one Representative, appointed by the Speaker of | 2 | | the House of Representatives; | 3 | | (19) one Representative, appointed by the Minority | 4 | | Leader of the House of Representatives; | 5 | | (20) one Senator, appointed by the President of the | 6 | | Senate; | 7 | | (21) one Senator, appointed by the Minority Leader of | 8 | | the Senate; | 9 | | (22) one member, appointed by the Governor's Office who | 10 | | represents an organization with expertise in gender | 11 | | responsive practices and assessing the impact of | 12 | | incarceration on women, who are disproportionately | 13 | | custodial parents of young children. | 14 | | (b) The Office of the Lieutenant Governor shall provide | 15 | | administrative and technical support to the Task Force and | 16 | | shall be responsible for administering its operations, | 17 | | appointing a chairperson, and ensuring that the requirements of | 18 | | the Task Force are met. The Task Force shall have all
| 19 | | appointments made within 30 days of the effective date of this | 20 | | amendatory Act of the 101st General Assembly. | 21 | | (c) The members of the Task Force shall serve without | 22 | | compensation. | 23 | | (d) This Section is repealed on January 1, 2020. | 24 | | (725 ILCS 5/106F-20 new) | 25 | | Sec. 106F-20. Task Force; meetings; duties. |
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| 1 | | (a) The Task Force on Children of Incarcerated Parents | 2 | | shall meet at least 4 times beginning within 30 days after the | 3 | | effective date of this amendatory Act of the 101st General | 4 | | Assembly. The first meeting shall be held no later than August | 5 | | 1, 2019. | 6 | | (b) The Task Force shall review available research, best | 7 | | practices, and effective interventions to formulate | 8 | | recommendations. | 9 | | (c) The Task Force shall produce a report detailing the | 10 | | Task Force's findings and recommendations and needed | 11 | | resources. The Task Force shall submit a report of its findings | 12 | | and recommendations to the General Assembly and the Governor by | 13 | | December 31, 2019. | 14 | | (d) This Section is repealed on January 1, 2020.
| 15 | | Section 99. Effective date. This Act takes effect upon | 16 | | becoming law.
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