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

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-Engrossed.html



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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 3. Purpose. The purpose of this Act is to ensure
5the fair and compassionate treatment for children of
6incarcerated parents. This Act does not create any new
7individual right of action.
8 Section 5. Legislative findings. Based upon a study by
9Lurie Children's Hospital's researchers, a report by the Annie
10E. Casey Foundation titled "A Shared Sentence", the work of the
11San Francisco Children of Incarcerated Parents Partnership,
12and the findings of the Women's Justice Institute's Gender
13Informed Practice Assessment, the General Assembly finds the
14following:
15 (1) Seven million, or one in 10 of the nation's children,
16have a parent under criminal justice supervision, in jail or
17prison, on probation, or on parole.
18 (2) From 2011 to 2012, there were approximately 186,000
19children in Illinois who had experienced parental
20incarceration.
21 (3) Approximately 6% of children in Illinois have
22experienced parental incarceration.
23 (4) In a snapshot of mothers incarcerated at Logan

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1Correctional Center in 2015, they reported having 3,700
2children.
3 (5) Children with incarcerated parents have a daunting
4array of needs. They need a safe place to live and people to
5care for them in their parents' absence, as well as everything
6else a parent might be expected to provide: food, clothing, and
7medical care.
8 (6) Parental incarceration is classified as an Adverse
9Childhood Experience. Multiple peer-reviewed studies connect
10Adverse Childhood Experiences, a set of specific traumatic
11events that occur during childhood, to poor mental and physical
12health outcomes such as chronic diseases, certain cancers,
13sexually transmitted infections, depression, and other mental
14health conditions.
15 (7) Young adults who have experienced parental
16incarceration are more likely to skip medical care, misuse or
17abuse prescription drugs, and were more likely to use the
18emergency room for medical needs.
19 (8) The trauma of being separated from a parent, along with
20a lack of sympathy or support from others, can increase
21children's mental health issues, such as depression and
22anxiety, and hamper educational achievement. Children of
23incarcerated mothers in particular, are at greater risk of
24dropping out of school. Research shows preserving a child's
25relationship with a parent during incarceration benefits both
26parties. It also benefits society, reducing children's mental

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1health issues and anxiety, while lowering recidivism and
2facilitating parents' successful return to their communities.
3 Section 30. The Code of Criminal Procedure of 1963 is
4amended by adding Article 106F as follows:
5 (725 ILCS 5/Art. 106F heading new)
6
ARTICLE 106F. CHILDREN OF INCARCERATED PARENTS TASK FORCE
7 (725 ILCS 5/106F-10 new)
8 Sec. 106F-10. Task Force; creation. The Task Force on
9Children of Incarcerated Parents is created. The purpose of the
10Children of Incarcerated Parents Task Force is to develop and
11propose policies and procedures that encourage the following
12guiding principles to the extent possible:
13 (1) Children should be protected from additional trauma at
14the time of parental arrest.
15 (2) Children should be heard, respected, and considered by
16decision makers when decisions are made about them.
17 (3) Children should be considered when decisions are made
18about their parent.
19 (4) Children should be cared for and provided access to
20support in the absence of their parent in a way that
21prioritizes their physical, mental, and emotional needs.
22 (5) Children should be given an opportunity to speak with
23and see the incarcerated parent. The opportunity to touch

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1should take into account security concerns.
2 (6) Children should have access to local services and
3programs that can provide support to them as they deal with
4their parent's incarceration.
5 (7) Children should not be judged, labeled, or blamed for
6the parent's incarceration.
7 (8) Children should be able to have a lifelong relationship
8with their parents.
9 (725 ILCS 5/106F-15 new)
10 Sec. 106F-15. Task Force; membership.
11 (a) Policies and procedures of the Task Force on Children
12of Incarcerated Parents shall incorporate the emotional,
13mental, and physical well-being of the children, as well as the
14safety of officers, other staff, and any other relevant
15parties. A policy or procedure adhering to the guiding
16principles of Section 106F-10 shall not supersede a decision by
17a court having jurisdiction over the best interest of the
18child. The Task Force shall consist of the following members,
19appointed by the Lieutenant Governor unless otherwise
20indicated:
21 (1) 2 members from an organization that advocates for
22 adolescents, youth, or incarcerated parents;
23 (2) 1 member who is an academic or researcher that has
24 studied issues related to the impact of incarceration on
25 youth;

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1 (3) 2 members who are adult children who have
2 experienced parental incarceration;
3 (4) 2 members who are formerly incarcerated parents;
4 (5) one member from an organization that facilitates
5 visitation between incarcerated parents and children;
6 (6) the Secretary of Human Services, or his or her
7 designee;
8 (7) the Director of Children and Family Services, or
9 his or her designee;
10 (8) the Cook County Public Guardian, or his or her
11 designee;
12 (9) the Director of Juvenile Justice, or his or her
13 designee;
14 (10) the Director of Corrections, or his or her
15 designee;
16 (11) the President of the Illinois Sheriffs
17 Association, or his or her designee;
18 (12) the Cook County Sheriff, or his or her designee;
19 (13) the Director of State Police, or his or her
20 designee;
21 (14) the Chief of the Chicago Police Department, or his
22 or her designee;
23 (15) the Director of the Illinois Law Enforcement
24 Training Standards Board, or his or her designee;
25 (16) the Attorney General, or his or her designee;
26 (17) one member who represents the court system;

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1 (18) one Representative, appointed by the Speaker of
2 the House of Representatives;
3 (19) one Representative, appointed by the Minority
4 Leader of the House of Representatives;
5 (20) one Senator, appointed by the President of the
6 Senate;
7 (21) one Senator, appointed by the Minority Leader of
8 the Senate;
9 (22) one member, appointed by the Governor's Office who
10 represents an organization with expertise in gender
11 responsive practices and assessing the impact of
12 incarceration on women, who are disproportionately
13 custodial parents of young children.
14 (b) The Office of the Lieutenant Governor shall provide
15administrative and technical support to the Task Force and
16shall be responsible for administering its operations,
17appointing a chairperson, and ensuring that the requirements of
18the Task Force are met. The Task Force shall have all
19appointments made within 30 days of the effective date of this
20amendatory Act of the 101st General Assembly.
21 (c) The members of the Task Force shall serve without
22compensation.
23 (d) This Section is repealed on January 1, 2020.
24 (725 ILCS 5/106F-20 new)
25 Sec. 106F-20. Task Force; meetings; duties.

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1 (a) The Task Force on Children of Incarcerated Parents
2shall meet at least 4 times beginning within 30 days after the
3effective date of this amendatory Act of the 101st General
4Assembly. The first meeting shall be held no later than August
51, 2019.
6 (b) The Task Force shall review available research, best
7practices, and effective interventions to formulate
8recommendations.
9 (c) The Task Force shall produce a report detailing the
10Task Force's findings and recommendations and needed
11resources. The Task Force shall submit a report of its findings
12and recommendations to the General Assembly and the Governor by
13December 31, 2019.
14 (d) This Section is repealed on January 1, 2020.
15 Section 99. Effective date. This Act takes effect upon
16becoming law.
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