Bill Text: IL HB2649 | 2019-2020 | 101st General Assembly | Chaptered


Bill Title: Amends the Code of Criminal Procedure of 1963. Creates a bill of rights for children of incarcerated parents. Provides that the Department of Corrections, the county sheriff, or county correctional department shall develop and implement policies and practices that adhere to the bill of rights for decisions that impact incarcerated individuals with children. Effective immediately.

Spectrum: Partisan Bill (Democrat 52-2)

Status: (Passed) 2019-08-23 - Public Act . . . . . . . . . 101-0480 [HB2649 Detail]

Download: Illinois-2019-HB2649-Chaptered.html



Public Act 101-0480
HB2649 EnrolledLRB101 10393 SLF 55499 b
AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 3. Purpose. The purpose of this Act is to ensure
the fair and compassionate treatment for children of
incarcerated parents. This Act does not create any new
individual right of action.
Section 5. Legislative findings. Based upon a study by
Lurie Children's Hospital's researchers, a report by the Annie
E. Casey Foundation titled "A Shared Sentence", the work of the
San Francisco Children of Incarcerated Parents Partnership,
and the findings of the Women's Justice Institute's Gender
Informed Practice Assessment, the General Assembly finds the
following:
(1) Seven million, or one in 10 of the nation's children,
have a parent under criminal justice supervision, in jail or
prison, on probation, or on parole.
(2) From 2011 to 2012, there were approximately 186,000
children in Illinois who had experienced parental
incarceration.
(3) Approximately 6% of children in Illinois have
experienced parental incarceration.
(4) In a snapshot of mothers incarcerated at Logan
Correctional Center in 2015, they reported having 3,700
children.
(5) Children with incarcerated parents have a daunting
array of needs. They need a safe place to live and people to
care for them in their parents' absence, as well as everything
else a parent might be expected to provide: food, clothing, and
medical care.
(6) Parental incarceration is classified as an Adverse
Childhood Experience. Multiple peer-reviewed studies connect
Adverse Childhood Experiences, a set of specific traumatic
events that occur during childhood, to poor mental and physical
health outcomes such as chronic diseases, certain cancers,
sexually transmitted infections, depression, and other mental
health conditions.
(7) Young adults who have experienced parental
incarceration are more likely to skip medical care, misuse or
abuse prescription drugs, and were more likely to use the
emergency room for medical needs.
(8) The trauma of being separated from a parent, along with
a lack of sympathy or support from others, can increase
children's mental health issues, such as depression and
anxiety, and hamper educational achievement. Children of
incarcerated mothers in particular, are at greater risk of
dropping out of school. Research shows preserving a child's
relationship with a parent during incarceration benefits both
parties. It also benefits society, reducing children's mental
health issues and anxiety, while lowering recidivism and
facilitating parents' successful return to their communities.
Section 30. The Code of Criminal Procedure of 1963 is
amended by adding Article 106F as follows:
(725 ILCS 5/Art. 106F heading new)
ARTICLE 106F. CHILDREN OF INCARCERATED PARENTS TASK FORCE
(725 ILCS 5/106F-10 new)
Sec. 106F-10. Task Force; creation. The Task Force on
Children of Incarcerated Parents is created. The purpose of the
Children of Incarcerated Parents Task Force is to develop and
propose policies and procedures that encourage the following
guiding principles to the extent possible:
(1) Children should be protected from additional trauma at
the time of parental arrest.
(2) Children should be heard, respected, and considered by
decision makers when decisions are made about them.
(3) Children should be considered when decisions are made
about their parent.
(4) Children should be cared for and provided access to
support in the absence of their parent in a way that
prioritizes their physical, mental, and emotional needs.
(5) Children should be given an opportunity to speak with
and see the incarcerated parent. The opportunity to touch
should take into account security concerns.
(6) Children should have access to local services and
programs that can provide support to them as they deal with
their parent's incarceration.
(7) Children should not be judged, labeled, or blamed for
the parent's incarceration.
(8) Children should be able to have a lifelong relationship
with their parents.
(725 ILCS 5/106F-15 new)
Sec. 106F-15. Task Force; membership.
(a) Policies and procedures of the Task Force on Children
of Incarcerated Parents shall incorporate the emotional,
mental, and physical well-being of the children, as well as the
safety of officers, other staff, and any other relevant
parties. A policy or procedure adhering to the guiding
principles of Section 106F-10 shall not supersede a decision by
a court having jurisdiction over the best interest of the
child. The Task Force shall consist of the following members,
appointed by the Lieutenant Governor unless otherwise
indicated:
(1) 2 members from an organization that advocates for
adolescents, youth, or incarcerated parents;
(2) 1 member who is an academic or researcher that has
studied issues related to the impact of incarceration on
youth;
(3) 2 members who are adult children who have
experienced parental incarceration;
(4) 2 members who are formerly incarcerated parents;
(5) one member from an organization that facilitates
visitation between incarcerated parents and children;
(6) the Secretary of Human Services, or his or her
designee;
(7) the Director of Children and Family Services, or
his or her designee;
(8) the Cook County Public Guardian, or his or her
designee;
(9) the Director of Juvenile Justice, or his or her
designee;
(10) the Director of Corrections, or his or her
designee;
(11) the President of the Illinois Sheriffs
Association, or his or her designee;
(12) the Cook County Sheriff, or his or her designee;
(13) the Director of State Police, or his or her
designee;
(14) the Chief of the Chicago Police Department, or his
or her designee;
(15) the Director of the Illinois Law Enforcement
Training Standards Board, or his or her designee;
(16) the Attorney General, or his or her designee;
(17) one member who represents the court system;
(18) one Representative, appointed by the Speaker of
the House of Representatives;
(19) one Representative, appointed by the Minority
Leader of the House of Representatives;
(20) one Senator, appointed by the President of the
Senate;
(21) one Senator, appointed by the Minority Leader of
the Senate;
(22) one member, appointed by the Governor's Office who
represents an organization with expertise in gender
responsive practices and assessing the impact of
incarceration on women, who are disproportionately
custodial parents of young children.
(b) The Office of the Lieutenant Governor shall provide
administrative and technical support to the Task Force and
shall be responsible for administering its operations,
appointing a chairperson, and ensuring that the requirements of
the Task Force are met. The Task Force shall have all
appointments made within 30 days of the effective date of this
amendatory Act of the 101st General Assembly.
(c) The members of the Task Force shall serve without
compensation.
(d) This Section is repealed on January 1, 2020.
(725 ILCS 5/106F-20 new)
Sec. 106F-20. Task Force; meetings; duties.
(a) The Task Force on Children of Incarcerated Parents
shall meet at least 4 times beginning within 30 days after the
effective date of this amendatory Act of the 101st General
Assembly. The first meeting shall be held no later than August
1, 2019.
(b) The Task Force shall review available research, best
practices, and effective interventions to formulate
recommendations.
(c) The Task Force shall produce a report detailing the
Task Force's findings and recommendations and needed
resources. The Task Force shall submit a report of its findings
and recommendations to the General Assembly and the Governor by
December 31, 2019.
(d) This Section is repealed on January 1, 2020.
Section 99. Effective date. This Act takes effect upon
becoming law.
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