Full Text of HB1566 99th General Assembly
HB1566eng 99TH GENERAL ASSEMBLY |
| | HB1566 Engrossed | | LRB099 08772 RLC 29992 b |
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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 1. Short title. This Act may be cited as the Mental | 5 | | Health Prison Diversion Commission Act. | 6 | | Section 5. Findings and purpose. | 7 | | (a) The General Assembly recognizes that the State of | 8 | | Illinois experiences overcrowding in prison and jail | 9 | | populations and a continued high rate of recidivism of | 10 | | approximately 50%. | 11 | | (b) The State of Illinois currently spends $1.3 billion per | 12 | | year on imprisonment of adults. | 13 | | (c) Nationally, 50% of incarcerated persons have mental | 14 | | health problems, 60% have substance use disorders (SUDs) and | 15 | | 33% have both. Many of these incarcerated persons are | 16 | | non-violent offenders whose crimes are directly related to | 17 | | their untreated or inadequately treated mental health | 18 | | problems, SUDs, or both. Many of these incarcerated persons | 19 | | have a high rate of recidivism directly related to their | 20 | | untreated or inadequately treated mental health problems, | 21 | | SUDs, or both.
| 22 | | (d) It is the intent of the General Assembly to create a | 23 | | Commission to recommend legislation that would establish a |
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| 1 | | diversion action plan to improve efforts to divert persons with | 2 | | mental illness, intellectual disabilities, and developmental | 3 | | disabilities to appropriate treatment as an alternative to | 4 | | incarceration. | 5 | | Section 10. Mental Health Prison Diversion Commission. | 6 | | (a) There is created the Mental Health Prison Diversion | 7 | | Commission. The Commission shall have 11 voting members | 8 | | appointed as follows: | 9 | | (1) 3 members of the General Assembly appointed by the | 10 | | President of the Senate, one of whom the President of the | 11 | | Senate shall designate as co-chairperson; | 12 | | (2) 3 members of the General Assembly appointed by the | 13 | | Speaker of the House, one of whom the Speaker of the House | 14 | | shall designate as co-chairperson; | 15 | | (3) one member of the General Assembly appointed by the | 16 | | Minority Leader of the Senate; | 17 | | (4) one member of the General Assembly appointed by the | 18 | | Minority Leader of the House of Representatives; | 19 | | (5) the Secretary of Human Services or his or her | 20 | | designee; | 21 | | (6) the Director of Corrections or his or her designee; | 22 | | and | 23 | | (7) a designee of the Office of the Governor. | 24 | | (b) The co-chairpersons may appoint such other individuals | 25 | | as they may deem helpful as non-voting members of the |
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| 1 | | Commission. | 2 | | (c) A vacancy on the Commission shall be filled in the same | 3 | | manner as the original appointment. | 4 | | (d) The Department of Human Services shall provide | 5 | | administrative support, together with meeting space, to assist | 6 | | the Commission in fulfilling its mission. | 7 | | (e) All appointments required by this Section shall be made | 8 | | within 60 days of the effective date of this Act.
| 9 | | Section 15. Meetings.
| 10 | | (a) The Commission shall conduct meetings, conference | 11 | | calls, or both, as the co-chairpersons shall direct. | 12 | | (b) The Commission shall select from among its members a | 13 | | Secretary. | 14 | | (c) A majority of the members of the Commission serving | 15 | | constitutes a quorum for the transaction of the Commission's | 16 | | business. The Commission shall act by a majority vote of its | 17 | | serving members. | 18 | | (d) The Commission shall meet at the call of the | 19 | | Co-Chairpersons and as may be provided in rules adopted by the | 20 | | Commission.
| 21 | | Section 20. Activities and purpose. | 22 | | (a) The Commission shall gather information, review | 23 | | studies, and identify areas of best practice with respect to | 24 | | how the criminal justice system should handle persons with |
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| 1 | | mental illness or intellectual and developmental disabilities | 2 | | who have committed a crime, and take other steps necessary to | 3 | | make written findings and recommendations as required in | 4 | | Section 25 of this Act. | 5 | | (b) In carrying out its function, the Commission, may, as | 6 | | appropriate, make inquiries, studies, investigations, hold | 7 | | hearings, and receive comments from the public. The Commission | 8 | | may consult with outside experts in order to perform its | 9 | | duties, including, but not limited to, experts in the private | 10 | | sector, organized labor, government agencies, and at | 11 | | institutions of higher education. | 12 | | (c) Members of the Commission shall serve without | 13 | | compensation but may, subject to appropriation, receive | 14 | | reimbursement for necessary travel and expenses.
| 15 | | Section 25. Report; legislation.
| 16 | | (a) The Commission shall make its report to the General | 17 | | Assembly on or before February 1, 2016. The report of the | 18 | | Commission shall detail those findings and recommendations | 19 | | supported by a majority of the voting members. | 20 | | (b) The findings and recommendations shall include, but are | 21 | | not limited to: | 22 | | (1) a diversion action plan to improve efforts to | 23 | | divert persons with mental illness or intellectual or | 24 | | developmental disabilities (including comorbid substance | 25 | | abuse disorders) to appropriate treatment as an |
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| 1 | | alternative to incarceration; | 2 | | (2) areas of best practice in this State and other | 3 | | states to expand the use of effective pre-booking and | 4 | | post-booking options for those with mental illness or | 5 | | intellectual and developmental disabilities; and
| 6 | | (3) a performance monitoring process to include | 7 | | baseline and post-implementation data for prevalence of | 8 | | persons with mental illness or intellectual or | 9 | | developmental disabilities in the State's criminal justice | 10 | | system, outcomes, and return on investment. | 11 | | (c) In addition to the report, the Commission shall provide | 12 | | to the General Assembly its recommendations in the form of | 13 | | legislation. The Legislative Reference Bureau shall provide | 14 | | drafting assistance to the Commission.
| 15 | | Section 30. Repeal.
This Act is repealed on February 15, | 16 | | 2016.
| 17 | | Section 99. Effective date. This Act takes effect upon | 18 | | becoming law.
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