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_003.html
Bill Title: INCARCERATED PARENTS-CHILDREN
Status: 2019-08-23 - Public Act . . . . . . . . . 101-0480 [HB2649 Detail]
Download: Illinois-2019-HB2649-House_Amendment_003.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 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.
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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 |
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1 | prison, on probation, or on parole. | ||||||
2 | (2) From 2011 to 2012, there were approximately 186,000 | ||||||
3 | children in Illinois who had experienced parental | ||||||
4 | incarceration. | ||||||
5 | (3) Approximately 6% of children in Illinois have | ||||||
6 | experienced parental incarceration. | ||||||
7 | (4) In a snapshot of mothers incarcerated at Logan | ||||||
8 | Correctional Center in 2015, they reported having 3,700 | ||||||
9 | children. | ||||||
10 | (5) Children with incarcerated parents have a daunting | ||||||
11 | array of needs. They need a safe place to live and people to | ||||||
12 | care for them in their parents' absence, as well as everything | ||||||
13 | else a parent might be expected to provide: food, clothing, and | ||||||
14 | medical care. | ||||||
15 | (6) Parental incarceration is classified as an Adverse | ||||||
16 | Childhood Experience. Multiple peer-reviewed studies connect | ||||||
17 | Adverse Childhood Experiences, a set of specific traumatic | ||||||
18 | events that occur during childhood, to poor mental and physical | ||||||
19 | health outcomes such as chronic diseases, certain cancers, | ||||||
20 | sexually transmitted infections, depression, and other mental | ||||||
21 | health conditions. | ||||||
22 | (7) Young adults who have experienced parental | ||||||
23 | incarceration are more likely to skip medical care, misuse or | ||||||
24 | abuse prescription drugs, and were more likely to use the | ||||||
25 | emergency room for medical needs. | ||||||
26 | (8) The trauma of being separated from a parent, along with |
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1 | a lack of sympathy or support from others, can increase | ||||||
2 | children's mental health issues, such as depression and | ||||||
3 | anxiety, and hamper educational achievement. Children of | ||||||
4 | incarcerated mothers in particular, are at greater risk of | ||||||
5 | dropping out of school. Research shows preserving a child's | ||||||
6 | relationship with a parent during incarceration benefits both | ||||||
7 | parties. It also benefits society, reducing children's mental | ||||||
8 | health issues and anxiety, while lowering recidivism and | ||||||
9 | facilitating parents' successful return to their communities.
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10 | Section 30. The Code of Criminal Procedure of 1963 is | ||||||
11 | amended by adding Article 106F as follows:
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12 | (725 ILCS 5/Art. 106F heading new) | ||||||
13 | ARTICLE 106F. CHILDREN OF INCARCERATED PARENTS TASK FORCE | ||||||
14 | (725 ILCS 5/106F-10 new) | ||||||
15 | Sec. 106F-10. Task Force; creation. The Task Force on | ||||||
16 | Children of Incarcerated Parents is created. The purpose of the | ||||||
17 | Children of Incarcerated Parents Task Force is to develop and | ||||||
18 | propose policies and procedures that encourage the following | ||||||
19 | guiding principles to the extent possible: | ||||||
20 | (1) Children should be protected from additional trauma at | ||||||
21 | the time of parental arrest. | ||||||
22 | (2) Children should be heard, respected, and considered by | ||||||
23 | decision makers when decisions are made about them. |
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1 | (3) Children should be considered when decisions are made | ||||||
2 | about their parent. | ||||||
3 | (4) Children should be cared for and provided access to | ||||||
4 | support in the absence of their parent in a way that | ||||||
5 | prioritizes their physical, mental, and emotional needs. | ||||||
6 | (5) Children should be given an opportunity to speak with | ||||||
7 | and see the incarcerated parent. The opportunity to touch | ||||||
8 | should take into account security concerns. | ||||||
9 | (6) Children should have access to local services and | ||||||
10 | programs that can provide support to them as they deal with | ||||||
11 | their parent's incarceration. | ||||||
12 | (7) Children should not be judged, labeled, or blamed for | ||||||
13 | the parent's incarceration. | ||||||
14 | (8) Children should be able to have a lifelong relationship | ||||||
15 | with their parents.
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16 | (725 ILCS 5/106F-15 new) | ||||||
17 | Sec. 106F-15. Task Force; membership. | ||||||
18 | (a) Policies and procedures of the Task Force on Children | ||||||
19 | of Incarcerated Parents shall incorporate the emotional, | ||||||
20 | mental, and physical well-being of the children, as well as the | ||||||
21 | safety of officers, other staff, and any other relevant | ||||||
22 | parties. A policy or procedure adhering to the guiding | ||||||
23 | principles of Section 106F-10 shall not supersede a decision by | ||||||
24 | a court having jurisdiction over the best interest of the | ||||||
25 | child. The Task Force shall consist of the following members, |
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1 | appointed by the Lieutenant Governor unless otherwise | ||||||
2 | indicated: | ||||||
3 | (1) 2 members from an organization that advocates for | ||||||
4 | adolescents, youth, or incarcerated parents; | ||||||
5 | (2) 1 member who is an academic or researcher that has | ||||||
6 | studied issues related to the impact of incarceration on | ||||||
7 | youth; | ||||||
8 | (3) 2 members who are adult children who have | ||||||
9 | experienced parental incarceration; | ||||||
10 | (4) 2 members who are formerly incarcerated parents; | ||||||
11 | (5) one member from an organization that facilitates | ||||||
12 | visitation between incarcerated parents and children; | ||||||
13 | (6) the Secretary of Human Services, or his or her | ||||||
14 | designee; | ||||||
15 | (7) the Director of Children and Family Services, or | ||||||
16 | his or her designee; | ||||||
17 | (8) the Cook County Public Guardian, or his or her | ||||||
18 | designee; | ||||||
19 | (9) the Director of Juvenile Justice, or his or her | ||||||
20 | designee; | ||||||
21 | (10) the Director of Corrections, or his or her | ||||||
22 | designee; | ||||||
23 | (11) the President of the Illinois Sheriffs | ||||||
24 | Association, or his or her designee; | ||||||
25 | (12) the Cook County Sheriff, or his or her designee; | ||||||
26 | (13) the Director of State Police, or his or her |
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1 | designee; | ||||||
2 | (14) the Chief of the Chicago Police Department, or his | ||||||
3 | or her designee; | ||||||
4 | (15) the Director of the Illinois Law Enforcement | ||||||
5 | Training Standards Board, or his or her designee; | ||||||
6 | (16) the Attorney General, or his or her designee; | ||||||
7 | (17) one member who represents the court system; | ||||||
8 | (18) one Representative, appointed by the Speaker of | ||||||
9 | the House of Representatives; | ||||||
10 | (19) one Representative, appointed by the Minority | ||||||
11 | Leader of the House of Representatives; | ||||||
12 | (20) one Senator, appointed by the President of the | ||||||
13 | Senate; | ||||||
14 | (21) one Senator, appointed by the Minority Leader of | ||||||
15 | the Senate; | ||||||
16 | (22) one member, appointed by the Governor's Office who | ||||||
17 | represents an organization with expertise in gender | ||||||
18 | responsive practices and assessing the impact of | ||||||
19 | incarceration on women, who are disproportionately | ||||||
20 | custodial parents of young children. | ||||||
21 | (b) The Office of the Lieutenant Governor shall provide | ||||||
22 | administrative and technical support to the Task Force and | ||||||
23 | shall be responsible for administering its operations, | ||||||
24 | appointing a chairperson, and ensuring that the requirements of | ||||||
25 | the Task Force are met. The Task Force shall have all
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26 | appointments made within 30 days of the effective date of this |
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1 | amendatory Act of the 101st General Assembly. | ||||||
2 | (d) The members of the Task Force shall serve without | ||||||
3 | compensation. | ||||||
4 | (e) This Section is repealed on January 1, 2020.
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5 | (725 ILCS 5/106F-20 new) | ||||||
6 | Sec. 106F-20. Task Force; meetings; duties. | ||||||
7 | (a) The Task Force on Children of Incarcerated Parents | ||||||
8 | shall meet at least 4 times beginning within 30 days after the | ||||||
9 | effective date of this amendatory Act of the 101st General | ||||||
10 | Assembly. The first meeting shall be held no later than August | ||||||
11 | 1, 2019. | ||||||
12 | (b) The Task Force shall review available research, best | ||||||
13 | practices, and effective interventions to formulate | ||||||
14 | recommendations. | ||||||
15 | (c) The Task Force shall produce a report detailing the | ||||||
16 | Task Force's findings and recommendations and needed | ||||||
17 | resources. The Task Force shall submit a report of its findings | ||||||
18 | and recommendations to the General Assembly and the Governor by | ||||||
19 | December 31, 2019. | ||||||
20 | (d) This Section is repealed on January 1, 2020.
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21 | Section 99. Effective date. This Act takes effect upon | ||||||
22 | becoming law.".
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