093_HB2607

 
                                     LRB093 06994 DRJ 07144 b

 1        AN ACT in relation to human services.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 1.  Short title. This Act may  be  cited  as  the
 5    State  Advocacy  Program  for  the  Homeless Mentally Ill and
 6    Developmentally Disabled Act.

 7        Section 5.  Legislative findings.  The  General  Assembly
 8    finds  that a disproportionate number of people in this State
 9    are  unable  to  secure  housing  for  themselves  and  their
10    families, and that many people are  forced  to  live  in  the
11    streets   without   shelter   or  in  emergency  shelters.  A
12    substantial number of the homeless  population  are  mentally
13    ill  or  developmentally  disabled, and these homeless people
14    are more readily subjected to abuse. Despite  current  public
15    and  private efforts, the homeless problem in this State is a
16    critical threat to the health, safety, and  welfare  of  many
17    people  and communities across the State. Therefore, it is in
18    the public interest that the General Assembly take  immediate
19    and  necessary  action  to ensure a more adequate response to
20    the  needs  of  homeless  people,  including  providing   the
21    necessary  funds  to  effectively carry out the provisions of
22    this Act. The General Assembly  also  acknowledges  that  the
23    complex  problem  of  homelessness  in  this  State  is being
24    addressed by a rapidly growing range  of  services  from  the
25    State  and  local  governments as well as the private sector.
26    This creates the need for coordination and  planning  in  the
27    allocation  of resources and in the design and implementation
28    of new programs  to  serve  the  homeless,  and  the  General
29    Assembly  finds  that  there is a need for a single entity to
30    coordinate these efforts.
 
                            -2-      LRB093 06994 DRJ 07144 b
 1        Section 10.  Definitions. In this Act:
 2        "Council" means the Interagency Coordinating Council  for
 3    the Homeless established under Section 50.
 4        "Department" means the Department of Human Services.
 5        "Developmentally  disabled"  means  a  person  who  has a
 6    developmental disability as defined in  Section  1-3  of  the
 7    Developmental Disability and Mental Disability Services Act.
 8        "Division"  means  the Advocacy Division for the Homeless
 9    Mentally  Ill  and  Developmentally  Disabled  created  under
10    Section 15.
11        "Homeless mentally ill and developmentally  disabled"  or
12    "homeless    mentally   ill   or   developmentally   disabled
13    individual" means a person who does not have a  home  and  is
14    mentally  ill or developmentally disabled, including, but not
15    limited to, (i) a mentally ill  or  developmentally  disabled
16    person  who  is  in  a  shelter  or  drop-in  center  for the
17    homeless, (ii) a mentally  ill  or  developmentally  disabled
18    person  being  discharged from a State or private institution
19    without a residence  to  go  to,  (iii)  a  mentally  ill  or
20    developmentally disabled person who has a temporary residence
21    or  no  regular  abode  in  which  to live, or (iv) any other
22    mentally  ill  or  developmentally  disabled  person  with  a
23    history of chronic residential instability.
24        "Mentally ill" means a person who  has  a  severe  mental
25    illness  as  defined  in  Section  2-3  of  the Developmental
26    Disability and Mental Disability Services Act.

27        Section 15.  Advocacy Division. The Advocacy Division for
28    the Homeless Mentally Ill  and  Developmentally  Disabled  is
29    created within the Department of Human Services. The Division
30    shall do the following:
31             (1)  Promote   and  facilitate  the  development  of
32        community-based support systems to  protect  the  health,
33        safety,  welfare,  and  human  and  civil  rights  of the
 
                            -3-      LRB093 06994 DRJ 07144 b
 1        homeless mentally ill and developmentally disabled.
 2             (2)  Enter    into     agreements     with     local
 3        community-based   support   systems   to  carry  out  the
 4        provisions of Sections 20 through 45.
 5             (3)  Implement  the   programs   established   under
 6        Sections 20 through 45.
 7             (4)  Develop  a  central data and information system
 8        for intergovernmental coordination of State  services  to
 9        the homeless mentally ill and developmentally disabled to
10        improve  efforts for monitoring and tracking mentally ill
11        persons after they are released from  State  institutions
12        and  to  keep  a  more  accurate  account of the homeless
13        mentally ill and developmentally disabled.
14             (5)  Develop financial  resources  to  pay  for  the
15        necessary  documents to obtain an Illinois Identification
16        Card or Illinois Disabled Person Identification Card  for
17        those  homeless  persons  who  wish  to maintain personal
18        identification  to  be  used  in   obtaining   supportive
19        services and for other personal use.
20             (6)  Conduct      periodic      programmatic     and
21        administrative reviews  of  the  programs  created  under
22        Sections  20 through 45 to ensure the delivery of quality
23        services.
24             (7)  Serve as an advocate for  homeless  individuals
25        with other governmental and community service providers.
26             (8)  Assist  in  the  development  of  financial and
27        human resources to respond to the needs of  the  homeless
28        mentally ill and developmentally disabled.

29        Section 20.  Community-based support systems.
30        (a)  The Department shall initiate requests for proposals
31    for  the establishment or expansion of nonprofit agencies and
32    organizations that will  be  responsible  for  developing  or
33    coordinating  comprehensive  and  integrated  community-based
 
                            -4-      LRB093 06994 DRJ 07144 b
 1    support  systems for homeless mentally ill or developmentally
 2    disabled  individuals.  The  Department  must  review   these
 3    service  providers  annually.  The Department shall assist in
 4    the organization and establishment of local  service  systems
 5    and  shall  provide  for  community  services to the homeless
 6    mentally ill and developmentally disabled in any area of  the
 7    State    where   there   are   homeless   mentally   ill   or
 8    developmentally disabled individuals and no service  provider
 9    responds to the Department's requests for proposals.
10        (b)  The  Department  shall  take  appropriate  steps  to
11    encourage  homeless  persons  to use these services and shall
12    ensure that homeless persons are provided with  access  to  a
13    directory  of  services  including phone numbers of employees
14    and location addresses. The Department shall also ensure that
15    homeless persons are furnished with information pertaining to
16    their rights and the benefits to which they may be entitled.

17        Section 25.  Community service plan.
18        (a)  The  Division  shall  prepare  an  annual  community
19    service plan  for  the  homeless  and  an  annual  budget  to
20    implement  the  service  plan on a local basis. The plan must
21    demonstrate, at a minimum,  the  following  components  of  a
22    service   system   for   the   homeless   mentally   ill  and
23    developmentally disabled:
24             (1)  Community   needs   assessment   and   resource
25        development.
26             (2)  Case   management,   including   case   review,
27        tracking,  service evaluation, and networking.
28             (3)  Training and staff development.
29             (4)  Consultation with and technical assistance  for
30        providers of shelters.
31             (5)  Outreach  services  that are available at times
32        and  in  places  where  the  homeless  mentally  ill  and
33        developmentally  disabled  can  be   located,   such   as
 
                            -5-      LRB093 06994 DRJ 07144 b
 1        overnight shelters.
 2             (6)  Emergency  and  crisis  intervention  services,
 3        including the availability of shelter facilities.
 4        The  plan  must  also include local and State data on the
 5    numbers of persons who are found to be homeless by both State
 6    and community  mental  health  and  developmental  disability
 7    service providers.
 8        (b)  Each  service  area,  local  board, or local service
 9    system must do the following:
10             (1)  Assist in maintaining sources of income,  food,
11        clothing,   health   care,   counseling,   training,  and
12        employment and maintaining a  stable  living  environment
13        within the community when possible.
14             (2)  Develop  individualized  service plans that may
15        include, but need not be limited to, the following:
16                  (A)  Personal  assistance   in   securing   and
17             maintaining     housing,    food,    and    clothing
18             arrangements.
19                  (B)  Crisis intervention services  focusing  on
20             finding  appropriate alternatives to acute inpatient
21             hospital care.
22                  (C)  Assistance  in  securing  and  maintaining
23             income and health care benefits.
24                  (D)  Social and  vocational  skill  development
25             activities  as  determined  by  the  client's needs,
26             interests, and abilities.
27                  (E)  Money     management     assistance     or
28             representative payeeship.
29                  (F)   Other self-help skills.
30                  (G)  Other counseling and  referral  and  legal
31             and administrative proceeding services as needed.

32        Section  30.  Housing.  The  Department  shall design and
33    implement a  procedure  that  provides  for  transitional  or
 
                            -6-      LRB093 06994 DRJ 07144 b
 1    permanent   housing  for  mentally  ill  and  developmentally
 2    disabled persons who are released from institutions following
 3    treatment, who are homeless, or who have a history of chronic
 4    residential instability. Persons who are homeless at the time
 5    of their admission to an inpatient  psychiatric  hospital  or
 6    who  have  a history of chronic residential instability shall
 7    be given special charge planning. The Department shall  adopt
 8    rules  with  respect to recipient discharge/linkage/aftercare
 9    to require special linkage procedures for persons at risk  of
10    becoming  homeless. The Department of Public Aid shall assist
11    the Department in implementing this Section.

12        Section 35.  Refusal  of  services.  The  Division  shall
13    explore the provisions of the Mental Health and Developmental
14    Disabilities  Code  in  relation to homeless mentally ill and
15    developmentally disabled individuals who refuse services  for
16    themselves.

17        Section   40.  General   assistance  jobs  programs.  The
18    Department shall implement an automatic  exemption  from  any
19    general   assistance   jobs   program  for  mentally  ill  or
20    developmentally disabled clients.

21        Section 45.  Grants-in-aid.
22        (a)  The Department shall make grants-in-aid to  entities
23    recognized  under  Section  20  based  on  appropriations  to
24    provide  services  pursuant  to  Sections  20 through 40. The
25    Department shall establish and publish criteria  in  requests
26    for  proposals  for  determining  eligible  services  and the
27    amount of grants-in-aid so that all  interested  individuals,
28    agencies, associations, and other entities may have access to
29    that information.
30        (b)  The Department shall report annually, in writing, to
31    the Governor and the General Assembly, on or before the first
 
                            -7-      LRB093 06994 DRJ 07144 b
 1    day  of December, on the conditions, management, finance, and
 2    programs instituted under the provisions of this Act.

 3        Section 50.  Coordinating Council.
 4        (a)  The  Interagency  Coordinating   Council   for   the
 5    Homeless is established. The Council shall be comprised of 27
 6    members  as follows: the Governor or his or her designee; the
 7    Director of Public Aid; the Director of  Public  Health;  the
 8    head  of  the  Office  of  Rehabilitation Services within the
 9    Department of Human Services;  the  head  of  the  Office  of
10    Alcoholism and Substance Abuse within the Department of Human
11    Services;  the  Director  of Aging; the head of the Office of
12    Mental  Health  and  Developmental  Disabilities  within  the
13    Department of Human Services; the Director  of  Children  and
14    Family  Services;  the  Director  of  Commerce  and Community
15    Affairs; the Chairman of  the  Illinois  Housing  Development
16    Authority;  one  Senator  appointed  by  the President of the
17    Senate; one Senator appointed by the Minority Leader  of  the
18    Senate;  one  Representative  appointed by the Speaker of the
19    House of Representatives; one Representative appointed by the
20    Minority  Leader  of  the   House   of   Representatives;   3
21    representatives   of   local   government  appointed  by  the
22    Governor; 6 individuals who are engaged in providing services
23    to the homeless, 3 of whom shall be appointed by the  Chicago
24    Coalition  for the Homeless, and 3 of whom shall be appointed
25    by the Illinois Coalition for the Homeless; and 3 members  at
26    large  appointed  by the Governor. Members at large appointed
27    by the Chicago  Coalition  for  the  Homeless,  the  Illinois
28    Coalition  for  the  Homeless,  and  the Governor shall serve
29    3-year    terms,  except  that  the  terms  of  the   initial
30    appointees  shall  be  determined by lot at the time of their
31    appointment so that 3 appointees serve for terms of 3  years,
32    3 for terms of 2 years, and 3 for terms of one year.
33        (b)  The  Council shall elect officers and adopt by-laws.
 
                            -8-      LRB093 06994 DRJ 07144 b
 1    Members of the Council are not entitled to compensation,  but
 2    shall  be  reimbursed  for their reasonable expenses actually
 3    incurred in performing their duties.
 4        (c)  The Council shall do the following:
 5             (1)  Review  and  comment   on   existing   programs
 6        administered by State agencies to assist the homeless.
 7             (2)  Review  and  comment  on  the allocation of new
 8        resources to assist the homeless.
 9             (3)  Offer advice and  counsel  and  assist  in  the
10        planning,  design,  and  implementation  of  programs  to
11        assist the homeless.
12             (4)  Encourage  collaboration  between  federal  and
13        State  agencies, local government, and the private sector
14        in the development of new resources  to  respond  to  the
15        problem of homelessness.
16        (d)  State  agencies  whose  officials are members of the
17    Council  shall  cooperate  with  the  Council  by  doing  the
18    following:
19             (1)  Providing full and complete reports of  current
20        programs  designed  to  assist  the  homeless  or prevent
21        homelessness.
22             (2)  Providing the Council  with  timely  notice  of
23        proposed changes in programs described in paragraph (1).
24             (3)  Providing  the  Council  with  timely notice of
25        proposed  allocation  of  new  resources  to  assist  the
26        homeless or prevent homelessness.
27        (e)  After October 1, 2003, no State agency may execute a
28    contract for services or benefits for  homeless  persons,  or
29    initiate   a  new  program  that  directly  affects  homeless
30    persons, unless the agency  first  provides  to  the  Council
31    timely  notice  of the contract or program and an opportunity
32    to comment on the proposal.  Compliance with this  subsection
33    is  waived  when  an  agency  adopts  an emergency rule under
34    Section 5-45 of the Illinois Administrative Procedure Act.
 
                            -9-      LRB093 06994 DRJ 07144 b
 1        (f)  The Department shall provide staff support  for  the
 2    Council  and  shall  pay  the  expenses  incurred  by Council
 3    members under subsection (b).

 4        Section 90.  The  Illinois  Housing  Development  Act  is
 5    amended by changing Section 10 as follows:

 6        (20 ILCS 3805/10) (from Ch. 67 1/2, par. 310)
 7        Sec.  10.  Prior  to  making  a  loan  commitment  for  a
 8    development  under  this  Act,  the Authority shall approve a
 9    tenant selection plan submitted  by  the  applicant  for  the
10    loan.  The Authority shall formulate regulations from time to
11    time setting forth the criteria for tenant  selection  plans.
12    These  criteria  shall  include income limits, which may vary
13    with the  size  and  circumstances  of  the  family  unit  of
14    tenants.  The income limits shall be sufficiently flexible to
15    avoid undue economic  homogeneity  among  the  tenants  of  a
16    development.  The  Authority  may  formulate regulations from
17    time to time for the alteration of occupancies of tenants who
18    exceed established income limits. The tenant  selection  plan
19    shall specify how many units in the development shall be held
20    available  for  rentals to persons of low or moderate income,
21    as defined in this Act, and for rental to  homeless  mentally
22    ill  or  developmentally  disabled individuals, as defined in
23    the  State  Advocacy  Program  for  the  Mentally   Ill   and
24    Developmentally Disabled Act.
25        In determining the number of units which shall be so held
26    available for rental to persons of low or moderate income and
27    for  rental  to  homeless  mentally  ill  or  developmentally
28    disabled  individuals,  as  defined  in  the  State  Advocacy
29    Program  for  the  Mentally  Ill and Developmentally Disabled
30    Act,  the Authority shall require that the number of dwelling
31    units so held reserved for them in each development shall not
32    be less than the number required by  applicable  federal  and
 
                            -10-     LRB093 06994 DRJ 07144 b
 1    State law.
 2        In  connection  with any mortgage loan for a development,
 3    the Authority may enter into an agreement with the  owner  of
 4    the  development as a part of the loan providing that as long
 5    as the loan remains outstanding or such longer period  as  is
 6    set  forth  in  the  agreement, the development shall be held
 7    available for such rentals.  Any such agreement  shall,  upon
 8    being  recorded in the manner provided for recording of deeds
 9    or registered in the manner  specified  for  registration  of
10    titles,   be  binding  upon  any  subsequent  owners  of  the
11    development as provided by its terms.
12    (Source: P.A. 87-250.)