Bill Amendment: IL HB2444 | 2019-2020 | 101st General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: PARENTAL DETENTION
Status: 2019-08-23 - Public Act . . . . . . . . . 101-0471 [HB2444 Detail]
Download: Illinois-2019-HB2444-House_Amendment_001.html
Bill Title: PARENTAL DETENTION
Status: 2019-08-23 - Public Act . . . . . . . . . 101-0471 [HB2444 Detail]
Download: Illinois-2019-HB2444-House_Amendment_001.html
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1 | AMENDMENT TO HOUSE BILL 2444
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2 | AMENDMENT NO. ______. Amend House Bill 2444 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 1. This Act may be referred to as the Children's | ||||||
5 | Best Interest Act.
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6 | Section 3. Purpose. The purpose of this Act is to: | ||||||
7 | (1) prevent unnecessary harm to children caused by | ||||||
8 | separation from parents during pre-trial detention or | ||||||
9 | incarceration; and | ||||||
10 | (2) ensure the fair and compassionate treatment of children | ||||||
11 | whose parents are involved in the criminal justice system by | ||||||
12 | affording certain basic considerations to these children when | ||||||
13 | decisions are made that affect them.
Sentences that are based | ||||||
14 | on evidence-based practices serve families and communities, as | ||||||
15 | well as defendants. Parental incarceration is classified as an | ||||||
16 | Adverse Childhood Experience. Multiple peer-reviewed studies |
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1 | connect Adverse Childhood Experiences, a set of specific | ||||||
2 | traumatic events that occur during childhood, to poor mental | ||||||
3 | and physical health outcomes such as chronic diseases, certain | ||||||
4 | cancers, sexually transmitted infections, depression, and | ||||||
5 | other mental health conditions. Allowing incarcerated mothers | ||||||
6 | and babies to co-habitate during the baby's first year of life | ||||||
7 | leads to babies having more secure attachments when compared to | ||||||
8 | those who have not co-habitated for a full year which improves | ||||||
9 | long-term outcomes for both mothers and babies. | ||||||
10 | Community-based residential parenting programs and day | ||||||
11 | programs where parents can serve their sentences with their | ||||||
12 | infants and children in a non-prison setting that offers | ||||||
13 | housing and social services serve to enhance parent-child | ||||||
14 | bonding and foster healthy child development. Family-based | ||||||
15 | drug treatment programs that offer parenting skills training | ||||||
16 | and home-based case management services are successful in | ||||||
17 | reducing parental drug abuse and improving parenting skills. | ||||||
18 | Parenting classes for fathers and mothers improve parent-child | ||||||
19 | relationships and attachment, children's self-concept and | ||||||
20 | behaviors, and feelings of competence among parents. Among | ||||||
21 | parents who participate in residential drug treatment, those | ||||||
22 | who have their children with them are far more likely to | ||||||
23 | complete the program when compared to those who are separated | ||||||
24 | from their children. Children of parents who participate in | ||||||
25 | family-based drug treatment are less likely to develop | ||||||
26 | substance abuse disorders.
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1 | Section 5. The Unified Code of Corrections is amended by | ||||||
2 | changing Section 5-5-3.1 as follows:
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3 | (730 ILCS 5/5-5-3.1) (from Ch. 38, par. 1005-5-3.1)
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4 | Sec. 5-5-3.1. Factors in mitigation.
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5 | (a) The following
grounds shall be accorded weight in favor | ||||||
6 | of withholding or
minimizing a sentence of imprisonment:
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7 | (1) The defendant's criminal conduct neither caused | ||||||
8 | nor
threatened serious physical harm to another.
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9 | (2) The defendant did not contemplate that his criminal | ||||||
10 | conduct would
cause or threaten serious physical harm to | ||||||
11 | another.
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12 | (3) The defendant acted under a strong provocation.
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13 | (4) There were substantial grounds tending to excuse or | ||||||
14 | justify
the defendant's criminal conduct, though failing | ||||||
15 | to establish a
defense.
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16 | (5) The defendant's criminal conduct was induced or | ||||||
17 | facilitated
by someone other than the defendant.
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18 | (6) The defendant has compensated or will compensate | ||||||
19 | the victim
of his criminal conduct for the damage or injury | ||||||
20 | that he sustained.
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21 | (7) The defendant has no history of prior delinquency | ||||||
22 | or
criminal activity or has led a law-abiding life for a | ||||||
23 | substantial
period of time before the commission of the | ||||||
24 | present crime.
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1 | (8) The defendant's criminal conduct was the result of
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2 | circumstances unlikely to recur.
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3 | (9) The character and attitudes of the defendant | ||||||
4 | indicate that he is
unlikely to commit another crime.
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5 | (10) The defendant is particularly likely to comply | ||||||
6 | with the terms of
a period of probation.
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7 | (11) (Blank) The imprisonment of the defendant would | ||||||
8 | entail excessive
hardship to his dependents .
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9 | (12) The imprisonment of the defendant would endanger | ||||||
10 | his or her medical
condition.
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11 | (13) The defendant was a person with an intellectual | ||||||
12 | disability as defined in Section 5-1-13 of
this Code.
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13 | (14) The defendant sought or obtained emergency | ||||||
14 | medical assistance for an overdose and was convicted of a | ||||||
15 | Class 3 felony or higher possession, manufacture, or | ||||||
16 | delivery of a controlled, counterfeit, or look-alike | ||||||
17 | substance or a controlled substance analog under the | ||||||
18 | Illinois Controlled Substances Act or a Class 2 felony or | ||||||
19 | higher possession, manufacture or delivery of | ||||||
20 | methamphetamine under the Methamphetamine Control and | ||||||
21 | Community Protection Act. | ||||||
22 | (15) At the time of the offense, the defendant is or | ||||||
23 | had been the victim of domestic violence and the effects of | ||||||
24 | the domestic violence tended to excuse or justify the | ||||||
25 | defendant's criminal conduct. As used in this paragraph | ||||||
26 | (15), "domestic violence" means abuse as defined in Section |
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1 | 103 of the Illinois Domestic Violence Act of 1986. | ||||||
2 | (16) At the time of the offense, the defendant was | ||||||
3 | suffering from a serious mental illness which, though | ||||||
4 | insufficient to establish the defense of insanity, | ||||||
5 | substantially affected his or her ability to understand the | ||||||
6 | nature of his or her acts or to conform his or her conduct | ||||||
7 | to the requirements of the law. | ||||||
8 | (17) At the time of the offense, the defendant was | ||||||
9 | suffering from post-partum depression or post-partum | ||||||
10 | psychosis which was either undiagnosed or untreated, or | ||||||
11 | both, and this temporary mental illness tended to excuse
or | ||||||
12 | justify the defendant's criminal conduct and the defendant | ||||||
13 | has been diagnosed as suffering from post-partum | ||||||
14 | depression or
post-partum psychosis, or both, by a | ||||||
15 | qualified medical person and the diagnoses or
testimony, or | ||||||
16 | both, was not used at trial. In this paragraph (17): | ||||||
17 | "Post-partum depression"
means a mood disorder | ||||||
18 | which strikes many
women during and after pregnancy | ||||||
19 | which usually occurs during
pregnancy and up to 12 | ||||||
20 | months after delivery. This depression
can include | ||||||
21 | anxiety disorders. | ||||||
22 | "Post-partum psychosis" means an extreme form of | ||||||
23 | post-partum
depression which can occur during | ||||||
24 | pregnancy and up to 12
months after delivery. This can | ||||||
25 | include losing touch with
reality, distorted thinking, | ||||||
26 | delusions, auditory and visual
hallucinations, |
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1 | paranoia, hyperactivity and rapid speech, or mania. | ||||||
2 | (18) The defendant is the parent of a child or infant | ||||||
3 | whose well-being will be negatively affected by the | ||||||
4 | parent's absence. Circumstances to be considered in | ||||||
5 | assessing this factor in mitigation include: | ||||||
6 | (A) that the parent is breastfeeding the child; | ||||||
7 | (B) the age of the child, with strong consideration | ||||||
8 | given to avoid disruption of the caregiving of an | ||||||
9 | infant, pre-school or school-age child by a parent; | ||||||
10 | (C) the role of the parent in the day-to-day | ||||||
11 | educational and medical needs of the child; | ||||||
12 | (D) the relationship of the parent and the child; | ||||||
13 | (E) any special medical, educational, or | ||||||
14 | psychological needs of the child; | ||||||
15 | (F) the role of the parent in the financial support | ||||||
16 | of the child. | ||||||
17 | Under this Section, the defendant shall have the right to | ||||||
18 | present a Family Impact Statement at sentencing, which the | ||||||
19 | court shall consider prior to imposing any sentence and may | ||||||
20 | include testimony from family and community members, written | ||||||
21 | statements, video, and documentation.
Unless the court finds | ||||||
22 | that the parent poses a significant risk to the community that | ||||||
23 | outweighs the risk of harm from the parent's removal from the | ||||||
24 | family, the court shall impose a sentence in accordance with | ||||||
25 | subsection (b) that allows the parent to continue to care for | ||||||
26 | the child or children. |
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1 | (19) The defendant serves as the caregiver for a | ||||||
2 | relative who is ill, disabled, or elderly. | ||||||
3 | (b) If the court, having due regard for the character of | ||||||
4 | the
offender, the nature and circumstances of the offense and | ||||||
5 | the
public interest finds that a sentence of imprisonment is | ||||||
6 | the
most appropriate disposition of the offender, or where | ||||||
7 | other
provisions of this Code mandate the imprisonment of the | ||||||
8 | offender,
the grounds listed in paragraph (a) of this | ||||||
9 | subsection shall be
considered as factors in mitigation of the | ||||||
10 | term imposed.
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11 | (Source: P.A. 99-143, eff. 7-27-15; 99-384, eff. 1-1-16; | ||||||
12 | 99-642, eff. 7-28-16; 99-877, eff. 8-22-16; 100-574, eff. | ||||||
13 | 6-1-18 .)".
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