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

NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Introduced.html


101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB2649

Introduced , by Rep. Delia C. Ramirez

SYNOPSIS AS INTRODUCED:
725 ILCS 5/Art. 106F heading new
725 ILCS 5/106F-5 new
725 ILCS 5/106F-10 new

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.
LRB101 10393 SLF 55499 b

A BILL FOR

HB2649LRB101 10393 SLF 55499 b
1 AN ACT concerning criminal law.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 1. Short title. This Act may be cited as the Bill
5of Rights for Children of Incarcerated Parents Act.
6 Section 3. Purpose. The purpose of this Act is to ensure
7the fair and compassionate treatment for children of
8incarcerated parents by affording certain basic rights and
9considerations to these children.
10 Section 5. The Code of Criminal Procedure of 1963 is
11amended by adding the heading of Article 106F as follows:
12 (725 ILCS 5/Art. 106F heading new)
13
ARTICLE 106F. BILL OF RIGHTS FOR CHILDREN OF INCARCERATED
14
PARENTS
15 (725 ILCS 5/106F-5 new)
16 Sec. 106F-5. Policies and procedures. The Department of
17Corrections, county sheriff, or county correctional department
18shall develop and implement policies and practices that adhere
19to the guiding principles in Section 106F-10 for decisions that
20impact incarcerated individuals with children.

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1 (725 ILCS 5/106F-10 new)
2 Sec. 106F-10. Bill of rights for children of incarcerated
3parents. The bill of rights for children of incarcerated
4parents described in this Section must recognize that each
5child of an incarcerated parent has certain essential rights,
6including, but not limited to, the following:
7 (1) To be protected from additional trauma at the time of
8parental arrest and sentencing.
9 (2) To be informed of the arrest and any sentence in an
10age-appropriate manner.
11 (3) To be heard and respected by decision makers when
12decisions are made about the child.
13 (4) To be considered when decisions are made about the
14child's parent.
15 (5) To be cared for in the absence of the child's parent in
16a way that prioritizes the child's physical, mental, and
17emotional needs.
18 (6) To be supported during the parent's incarceration.
19 (7) To speak with, see, and touch the incarcerated parent.
20 (8) To be informed about local services and programs that
21can provide support to the child as the child deals with the
22parent's incarceration.
23 (9) To not be judged, labeled, or blamed for the parent's
24incarceration.
25 (10) To have a lifelong relationship with the incarcerated

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1parent.
2 Section 99. Effective date. This Act takes effect upon
3becoming law.
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