Bill Amendment: IL HB2649 | 2019-2020 | 101st General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: INCARCERATED PARENTS-CHILDREN
Status: 2019-08-23 - Public Act . . . . . . . . . 101-0480 [HB2649 Detail]
Download: Illinois-2019-HB2649-House_Amendment_002.html
Bill Title: INCARCERATED PARENTS-CHILDREN
Status: 2019-08-23 - Public Act . . . . . . . . . 101-0480 [HB2649 Detail]
Download: Illinois-2019-HB2649-House_Amendment_002.html
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1 | AMENDMENT TO HOUSE BILL 2649
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2 | AMENDMENT NO. ______. Amend House Bill 2649 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 1. Short title. This Act may be cited as the Bill | ||||||
5 | of Rights for Children of Incarcerated Parents Act.
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6 | Section 3. Purpose. The purpose of this Act is to ensure | ||||||
7 | the fair and compassionate treatment for children of | ||||||
8 | incarcerated parents by affording certain basic rights and | ||||||
9 | considerations to these children. This Act does not create any | ||||||
10 | new individual right of action.
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11 | Section 5. Legislative findings. Based upon a study by | ||||||
12 | Lurie Children's Hospital's researchers, a report by the Annie | ||||||
13 | E. Casey Foundation titled "A Shared Sentence", the work of the | ||||||
14 | San Francisco Children of Incarcerated Parents Partnership, | ||||||
15 | and the findings of the Women's Justice Institute's Gender |
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1 | Informed Practice Assessment, the General Assembly finds the | ||||||
2 | following: | ||||||
3 | (1) Seven million, or one in 10 of the nation's children, | ||||||
4 | have a parent under criminal justice supervision, in jail or | ||||||
5 | prison, on probation, or on parole. | ||||||
6 | (2) From 2011 to 2012, there were approximately 186,000 | ||||||
7 | children in Illinois who had experienced parental | ||||||
8 | incarceration. | ||||||
9 | (3) Approximately 6% of children in Illinois have | ||||||
10 | experienced parental incarceration. | ||||||
11 | (4) In a snapshot of mothers incarcerated at Logan | ||||||
12 | Correctional Center in 2015, they reported having 3,700 | ||||||
13 | children. | ||||||
14 | (5) Children with incarcerated parents have a daunting | ||||||
15 | array of needs. They need a safe place to live and people to | ||||||
16 | care for them in their parents' absence, as well as everything | ||||||
17 | else a parent might be expected to provide: food, clothing, and | ||||||
18 | medical care. | ||||||
19 | (6) Parental incarceration is classified as an Adverse | ||||||
20 | Childhood Experience. Multiple peer-reviewed studies connect | ||||||
21 | Adverse Childhood Experiences, a set of specific traumatic | ||||||
22 | events that occur during childhood, to poor mental and physical | ||||||
23 | health outcomes such as chronic diseases, certain cancers, | ||||||
24 | sexually transmitted infections, depression, and other mental | ||||||
25 | health conditions. | ||||||
26 | (7) Young adults who have experienced parental |
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1 | incarceration are more likely to skip medical care, misuse or | ||||||
2 | abuse prescription drugs, and were more likely to use the | ||||||
3 | emergency room for medical needs. | ||||||
4 | (8) The trauma of being separated from a parent, along with | ||||||
5 | a lack of sympathy or support from others, can increase | ||||||
6 | children's mental health issues, such as depression and | ||||||
7 | anxiety, and hamper educational achievement. Children of | ||||||
8 | incarcerated mothers in particular, are at greater risk of | ||||||
9 | dropping out of school. Research shows preserving a child's | ||||||
10 | relationship with a parent during incarceration benefits both | ||||||
11 | parties. It also benefits society, reducing children's mental | ||||||
12 | health issues and anxiety, while lowering recidivism and | ||||||
13 | facilitating parents' successful return to their communities. | ||||||
14 | (9) Institutions that touch on the lives of children of the | ||||||
15 | incarcerated tend to operate in isolation. The Bill of Rights | ||||||
16 | for Children of Incarcerated Parents offers a strong set of | ||||||
17 | principles and recommendations for putting children at the | ||||||
18 | forefront before, during, and after incarceration.
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19 | Section 30. The Code of Criminal Procedure of 1963 is | ||||||
20 | amended by adding Article 106F as follows:
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21 | (725 ILCS 5/Art. 106F heading new) | ||||||
22 | ARTICLE 106F. BILL OF RIGHTS FOR CHILDREN OF INCARCERATED | ||||||
23 | PARENTS |
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1 | (725 ILCS 5/106F-5 new) | ||||||
2 | Sec. 106F-5. Policies and procedures. The Department of | ||||||
3 | Corrections, county sheriff, or county correctional department | ||||||
4 | shall develop and implement policies and practices that adhere | ||||||
5 | to the guiding principles in Section 106F-10 for decisions that | ||||||
6 | impact incarcerated individuals with children.
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7 | (725 ILCS 5/106F-10 new) | ||||||
8 | Sec. 106F-10. Bill of rights for children of incarcerated | ||||||
9 | parents. It is the policy of this State that every child with a | ||||||
10 | detained or incarcerated parent be treated with respect, care, | ||||||
11 | and compassion.
The following guiding principles shall set the | ||||||
12 | framework for the review and development of policies and | ||||||
13 | procedures by corrections and law enforcement agencies that | ||||||
14 | interact with children whose parents are detained or | ||||||
15 | incarcerated: | ||||||
16 | (1) Children should be protected from additional trauma at | ||||||
17 | the time of parental arrest. | ||||||
18 | (2) Children should be heard, respected, and considered by | ||||||
19 | decision makers when decisions are made about them. | ||||||
20 | (3) Children should be considered when decisions are made | ||||||
21 | about their parent. | ||||||
22 | (4) Children should be cared for and provided access to | ||||||
23 | support in the absence of their parent in a way that | ||||||
24 | prioritizes their physical, mental, and emotional needs. | ||||||
25 | (5) Children should be able to speak with, see, and touch |
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1 | their parent who is incarcerated. | ||||||
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.
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9 | (725 ILCS 5/106F-15 new) | ||||||
10 | Sec. 106F-15. Task Force on Children of Incarcerated | ||||||
11 | Parents. | ||||||
12 | (a) The Task Force on Children of Incarcerated Parents is | ||||||
13 | created. The purpose of this Task Force is to review best | ||||||
14 | practices, available research, and current policies on the | ||||||
15 | impact of parental incarceration on children. The Task Force | ||||||
16 | shall develop and propose policies and procedures that align | ||||||
17 | with the guiding principles contained in Section 106F-10, when | ||||||
18 | possible. Policies and procedures shall incorporate the | ||||||
19 | emotional, mental, and physical well-being of the children, | ||||||
20 | officers and other staff, and any other relevant parties. A | ||||||
21 | policy or procedure adhering to the guiding principles of | ||||||
22 | Section 106F-10 shall not supersede a decision by a court | ||||||
23 | having jurisdiction over the best interest of the child. The | ||||||
24 | Task Force shall consist of the following members, appointed by | ||||||
25 | the Lieutenant Governor unless otherwise indicated: |
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1 | (1) 2 members from an organization that advocates for | ||||||
2 | adolescents and youth; | ||||||
3 | (2) 2 members who are academics or researchers that | ||||||
4 | have studied issues related to the impact of incarceration | ||||||
5 | on youth; | ||||||
6 | (3) 2 members who are adult children who have | ||||||
7 | experienced parental incarceration; | ||||||
8 | (4) 2 members who are formerly incarcerated parents; | ||||||
9 | (5) one member from an organization that facilitates | ||||||
10 | visitation between incarcerated parents and children; | ||||||
11 | (6) the Secretary of Human Services, or his or her | ||||||
12 | designee; | ||||||
13 | (7) the Director of Children and Family Services, or | ||||||
14 | his or her designee; | ||||||
15 | (8) the Cook County Public Guardian, or his or her | ||||||
16 | designee; | ||||||
17 | (9) the Director of Juvenile Justice, or his or her | ||||||
18 | designee; | ||||||
19 | (10) the Director of Corrections, or his or her | ||||||
20 | designee; | ||||||
21 | (11) one member representing the Illinois Sheriffs | ||||||
22 | Association; | ||||||
23 | (12) the Cook County Sheriff, or his or her designee; | ||||||
24 | (13) the Director of State Police, or his or her | ||||||
25 | designee; | ||||||
26 | (14) one member representing the Chicago Police |
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1 | Department; | ||||||
2 | (15) the Director of the Illinois Law Enforcement | ||||||
3 | Training Standards Board, or his or her designee; | ||||||
4 | (16) the Attorney General, or his or her designee; | ||||||
5 | (17) one member who represents the court system; | ||||||
6 | (18) one member, appointed by the Speaker of the House | ||||||
7 | of Representatives; | ||||||
8 | (19) one member, appointed by the Minority Leader of | ||||||
9 | the House of Representatives; | ||||||
10 | (20) one member, appointed by the President of the | ||||||
11 | Senate; | ||||||
12 | (21) one member, appointed by the Minority Leader of | ||||||
13 | the Senate; | ||||||
14 | (22) one member, appointed by the Governor's Office who | ||||||
15 | represents an organization with expertise in gender | ||||||
16 | responsive practices and assessing the impact of | ||||||
17 | incarceration on women, who are disproportionately | ||||||
18 | custodial parents of young children. | ||||||
19 | (b) The Task Force shall elect a chairperson from among its | ||||||
20 | membership and any other officer it deems appropriate. The | ||||||
21 | Office of the Lieutenant Governor shall provide administrative | ||||||
22 | and technical support to the Task Force and shall be | ||||||
23 | responsible for administering its operations and ensuring that | ||||||
24 | the requirements of the Task Force are met. | ||||||
25 | (d) The members of the Task Force shall serve without | ||||||
26 | compensation. |
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1 | (e) This Section is repealed on January 1, 2022.
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2 | (725 ILCS 5/106F-20 new) | ||||||
3 | Sec. 106F-20. Task Force; meetings; duties. | ||||||
4 | (a) The Task Force on Children of Incarcerated Parents | ||||||
5 | shall meet at least once per quarter beginning as soon as | ||||||
6 | practicable after the effective date of this amendatory Act of | ||||||
7 | the 101st General Assembly. | ||||||
8 | (b) The Task Force shall review available research, best | ||||||
9 | practices, and effective interventions to formulate | ||||||
10 | recommendations in accordance with the guiding principles | ||||||
11 | addressed in Section 106F-10 and specifically address the | ||||||
12 | reduction of harm to children upon arrest, the ability to visit | ||||||
13 | parents in jails and prisons, and access to supports during | ||||||
14 | parental detention and incarceration. | ||||||
15 | (c) The Task Force shall produce a report detailing the | ||||||
16 | Task Force's findings and recommendations and the progress of | ||||||
17 | implementation. The Task Force shall submit a report of its | ||||||
18 | findings and recommendations to the General Assembly and the | ||||||
19 | Governor by December 1, 2020 and a report on the progress of | ||||||
20 | implementation on December 1, 2021. | ||||||
21 | (d) This Section is repealed on January 1, 2022.
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22 | Section 99. Effective date. This Act takes effect upon | ||||||
23 | becoming law.".
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