Full Text of HB4117 93rd General Assembly
HB4117 93RD GENERAL ASSEMBLY
|
|
|
93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 HB4117
Introduced 1/15/2004, by Wyvetter H. Younge SYNOPSIS AS INTRODUCED: |
|
New Act |
|
20 ILCS 3805/10 |
from Ch. 67 1/2, par. 310 |
|
Creates the State Advocacy Program for the Homeless
Mentally Ill and Developmentally Disabled Act and amends the Illinois Housing Development Act. Creates a staff advocacy position within the Bureau of Homeless Services and Supportive Services of the Department of Human Services to promote and facilitate the development of community-based support systems to promote the health, safety, welfare, and human and civil rights of homeless individuals with mental illness or developmental disabilities and to perform other functions. Authorizes the Department to make grants-in-aid to local
entities for the purpose of providing services to homeless persons.
Requires the Illinois Housing
Development Authority to ensure that a number of the units held available for
persons of low or moderate income are held available for the homeless mentally
ill and developmentally disabled as defined in the State Advocacy Program for
the Mentally Ill and Developmentally Disabled Act.
|
|
|
|
|
| FISCAL NOTE ACT MAY APPLY | |
|
|
A BILL FOR
|
|
|
|
|
HB4117 |
|
LRB093 16246 DRJ 41880 b |
|
| 1 |
| AN ACT in relation to human services.
| 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
State | 5 |
| Advocacy Program for the Homeless Mentally Ill and
| 6 |
| Developmentally Disabled Act.
| 7 |
| Section 5. Legislative findings. The General Assembly | 8 |
| finds that
a disproportionate
number of people in this State | 9 |
| are unable to secure housing for
themselves
and their families, | 10 |
| and that many people are forced to live in the
streets
without | 11 |
| shelter
or in emergency shelters.
A substantial number of the | 12 |
| homeless population are mentally ill or
developmentally
| 13 |
| disabled, and these homeless people are more readily subjected | 14 |
| to
abuse. Despite current public and private efforts, the | 15 |
| homeless
problem in this State is a critical threat to the | 16 |
| health, safety, and
welfare of
many people and communities | 17 |
| across the State. Therefore, it is in the
public interest that | 18 |
| the General Assembly take immediate and necessary
action to
| 19 |
| ensure a more adequate response to the needs of homeless | 20 |
| people,
including
providing the necessary funds to effectively | 21 |
| carry out the provisions
of
this Act.
The General Assembly also | 22 |
| acknowledges that the complex
problem of
homelessness in this | 23 |
| State is being addressed by a rapidly growing
range of
services | 24 |
| from the State and local governments as well as the private
| 25 |
| sector. This creates the need for coordination and planning in | 26 |
| the
allocation of resources and in the design and | 27 |
| implementation of new
programs to serve the homeless, and the | 28 |
| General Assembly finds that
there
is a need for a single entity | 29 |
| to coordinate these efforts.
| 30 |
| Section 10. Definitions. In this Act:
| 31 |
| "Department" means the Department of Human Services.
|
|
|
|
HB4117 |
- 2 - |
LRB093 16246 DRJ 41880 b |
|
| 1 |
| "Developmentally disabled" means a person who has a | 2 |
| developmental
disability as defined in Section 1-3 of the | 3 |
| Developmental Disability
and Mental Disability Services Act.
| 4 |
| "Homeless individual with mental illness or a | 5 |
| developmental disability" means
a
person who does not have a | 6 |
| home and has a mental illness or a developmental
disability, or | 7 |
| both, including, but not limited to, a person with a mental
| 8 |
| illness or
developmental disability: (i) who is in a shelter or | 9 |
| drop-in center for the
homeless,
(ii) who is being discharged | 10 |
| from a State or private institution without a
residence to go
| 11 |
| to, (iii) who has a temporary residence or no regular abode in | 12 |
| which to live,
or (iv)
who has a history of chronic residential | 13 |
| instability.
| 14 |
| "Mentally ill" means a person who has a severe mental | 15 |
| illness as
defined in Section 2-3 of the Developmental | 16 |
| Disability and Mental
Disability Services Act.
| 17 |
| Section 15. Advocacy position. A staff advocacy position | 18 |
| within the
Bureau of Homeless Services and Supportive Services | 19 |
| of the Department
of Human Services shall be created to do the | 20 |
| following:
| 21 |
| (1) Promote and facilitate the development of | 22 |
| community-based
support systems to protect the health, | 23 |
| safety, welfare, and human and civil
rights of homeless | 24 |
| individuals with mental illness or developmental
| 25 |
| disabilities.
| 26 |
| (2) Enter into agreements with local community-based | 27 |
| support
systems to carry out the provisions of Sections 20 | 28 |
| through 30.
| 29 |
| (3) Implement the programs established under Sections | 30 |
| 20 through
30.
| 31 |
| (4) Conduct periodic programmatic and administrative | 32 |
| reviews of the
programs created under Sections 20 through | 33 |
| 30 to ensure the delivery of
quality services.
| 34 |
| (5) Serve as an advocate for homeless individuals with | 35 |
| other
governmental and community service providers.
|
|
|
|
HB4117 |
- 3 - |
LRB093 16246 DRJ 41880 b |
|
| 1 |
| (6) Assist in the development of financial and human | 2 |
| resources to
respond to the needs of homeless individuals | 3 |
| with mental illness or
developmental disabilities.
| 4 |
| Section 20. Community-based support systems.
| 5 |
| (a) The Department shall initiate requests for proposals or | 6 |
| continued
funding
forms for the establishment or expansion of | 7 |
| nonprofit agencies and
organizations that
will be responsible | 8 |
| for developing or coordinating comprehensive and integrated
| 9 |
| community-based support systems for homeless individuals with | 10 |
| mental illness or
developmental disabilities.
| 11 |
| (b) Through community-based providers, the Department | 12 |
| shall take
appropriate steps to encourage homeless persons to | 13 |
| use these services and shall
provide information on services | 14 |
| available to them.
| 15 |
| Section 25. Community service agreements.
| 16 |
| (a) Through agreements with community-based providers and | 17 |
| based on available
funding, the following components may be | 18 |
| addressed within the service system
for
homeless individuals | 19 |
| with mental illness or developmental disabilities:
| 20 |
| (1) Community needs assessment and resource | 21 |
| development.
| 22 |
| (2) Case management, including case review, tracking, | 23 |
| service
evaluation, and networking.
| 24 |
| (3) Training and staff development.
| 25 |
| (4) Consultation with and technical assistance for | 26 |
| providers of shelters.
| 27 |
| (5) Outreach services that are available at times and | 28 |
| in places where
homeless individuals with mental illness or | 29 |
| developmental disabilities can be
located, such as | 30 |
| overnight shelters.
| 31 |
| (6) Emergency and crisis intervention services, | 32 |
| including the
availability of shelter facilities.
| 33 |
| (b) Each service area, local board, or local service system | 34 |
| must do the
following:
|
|
|
|
HB4117 |
- 4 - |
LRB093 16246 DRJ 41880 b |
|
| 1 |
| (1) Assist in maintaining sources of income, food, | 2 |
| clothing, health
care, counseling, training, and | 3 |
| employment, and in maintaining a stable
living environment | 4 |
| within the community when possible.
| 5 |
| (2) Develop individualized service plans for homeless | 6 |
| persons that
may include, but need not be limited to, the | 7 |
| following:
| 8 |
| (A) Personal assistance in securing and | 9 |
| maintaining
housing, food, and clothing arrangements.
| 10 |
| (B) Crisis intervention services focusing on | 11 |
| finding
appropriate alternatives to acute inpatient | 12 |
| hospital care.
| 13 |
| (C) Assistance in securing and maintaining income | 14 |
| and
health care benefits.
| 15 |
| (D) Social and vocational skill development | 16 |
| activities as
determined by the client's needs, | 17 |
| interests, and abilities.
| 18 |
| (E) Money management assistance or representative
| 19 |
| payeeship.
| 20 |
| (F) Other self-help skills.
| 21 |
| (G) Other counseling and referral and legal and
| 22 |
| administrative proceeding services as needed.
| 23 |
| Section 30. Refusal of services. The Department shall | 24 |
| explore the provisions
of the Mental Health and Developmental | 25 |
| Disabilities Code in relation to
homeless
individuals with | 26 |
| mental illness or developmental disabilities who refuse
| 27 |
| services for
themselves.
| 28 |
| Section 35. Grants-in-aid. The Department shall make | 29 |
| grants-in-aid to
entities
recognized under Section 20 based on | 30 |
| appropriations to provide services
pursuant
to Sections 20 | 31 |
| through 30. The Department shall establish and publish criteria
| 32 |
| in
requests for proposals for determining eligible services and | 33 |
| the amount of
grants-in-aid so that all interested individuals, | 34 |
| agencies, associations, and
other entities
may have access to |
|
|
|
HB4117 |
- 5 - |
LRB093 16246 DRJ 41880 b |
|
| 1 |
| that information.
| 2 |
| Section 90. The Illinois Housing Development Act is amended | 3 |
| by changing
Section 10 as follows:
| 4 |
| (20 ILCS 3805/10) (from Ch. 67 1/2, par. 310)
| 5 |
| Sec. 10. Prior to making a loan commitment for a | 6 |
| development under this
Act, the Authority shall approve a | 7 |
| tenant selection plan submitted by the
applicant for the loan. | 8 |
| The Authority shall formulate regulations from time
to time | 9 |
| setting forth the criteria for tenant selection plans. These
| 10 |
| criteria shall include income limits, which may vary with the | 11 |
| size and
circumstances of the family unit of tenants. The | 12 |
| income limits shall be
sufficiently flexible to avoid undue | 13 |
| economic homogeneity among the tenants
of a development. The | 14 |
| Authority may formulate regulations from time to time
for the | 15 |
| alteration of occupancies of tenants who exceed established | 16 |
| income
limits. The tenant selection plan shall specify how many | 17 |
| units in the
development shall be held available for rentals to | 18 |
| persons of low or
moderate income, as defined in this Act , and | 19 |
| for rental to homeless
individuals with mental illness or a | 20 |
| developmental disability, as defined in
the State Advocacy
| 21 |
| Program for the Homeless Mentally Ill and Developmentally | 22 |
| Disabled Act .
| 23 |
| In determining the number of units which shall be so held | 24 |
| available for
rental to persons of low or moderate income and | 25 |
| for rental to homeless
individuals with mental illness or a | 26 |
| developmental disability, as defined in
the State
Advocacy | 27 |
| Program for the Homeless Mentally Ill and Developmentally | 28 |
| Disabled
Act ,
the Authority shall require
that the number of | 29 |
| dwelling units so held reserved for them in each
development | 30 |
| shall not be less than the number required by applicable | 31 |
| federal
and State law.
| 32 |
| In connection with any mortgage loan for a development, the | 33 |
| Authority
may enter into an agreement with the owner of the | 34 |
| development as a part of
the loan providing that as long as the |
|
|
|
HB4117 |
- 6 - |
LRB093 16246 DRJ 41880 b |
|
| 1 |
| loan remains outstanding or such
longer period as is set forth | 2 |
| in the agreement, the development shall be
held available for | 3 |
| such rentals. Any such agreement shall, upon being
recorded in | 4 |
| the manner provided for recording of deeds or registered in the
| 5 |
| manner specified for registration of titles, be binding upon | 6 |
| any subsequent
owners of the development as provided by its | 7 |
| terms.
| 8 |
| (Source: P.A. 87-250.)
|
|