093_HB2608eng HB2608 Engrossed LRB093 06999 DRJ 07149 b 1 AN ACT in relation to homeless persons. 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 Bill of Rights for the Homeless Act. 6 Section 5. Legislative intent. It is the long-standing 7 policy of this State that no person should suffer 8 unnecessarily from cold or hunger, or be deprived of shelter 9 or the basic rights incident to shelter. At the present time, 10 many persons have been rendered homeless as a result of 11 economic adversity, a severe shortage of affordable housing, 12 and increased stress due to the complexity of daily living 13 that has created an inability on the part of those persons 14 to interact in society. It is the intent of this Act to 15 lessen the adverse affects and conditions caused by the lack 16 of residence or a home. 17 Section 10. Bill of Rights. 18 (a) No person's rights, privileges, or access to public 19 services may be denied or abridged solely because he or she 20 is homeless. Such a person shall be granted the same rights 21 and privileges as any other citizen of this State. These 22 rights include but are not limited to the following: 23 (1) The right to live in any community in this 24 State in which he or she can afford to live. 25 (2) The right to choose a type of living 26 arrangements in accordance with local regulations 27 without harassment or interference from any other 28 citizen or from any public or private entity. 29 (3) The right to employment and training 30 opportunities in accordance with his or her interests HB2608 Engrossed -2- LRB093 06999 DRJ 07149 b 1 and abilities. 2 (4) The right to access to emergency medical health 3 services in any health care facility doing business in 4 this State. 5 (5) The right to manage his or her own personal 6 finances notwithstanding his or her living arrangements, 7 unless (i) the person voluntarily signs a written 8 agreement, sworn to and witnessed before a notary 9 public, authorizing an individual or agency to manage his 10 or her finances, (ii) the person resides in a shelter for 11 homeless persons and has enrolled in a savings program 12 designed to provide rent money upon the person's 13 departure from the shelter, or (iii) the person has been 14 ruled or adjudicated by a court of competent jurisdiction 15 to be incompetent to manage his or her financial affairs. 16 (6) The right to not be coerced or penalized in any 17 way for not taking any medication or for not undergoing 18 any medical treatment that has not been authorized by a 19 qualified physician. 20 (7) In the case of a group living arrangement or 21 long-term care facility, the right to receive and sign 22 any check, voucher, or other warrant or legal tender 23 issued in his or her name before the moneys may be 24 expended by the person's landlord or a public or private 25 agency, unless the person waives the right in a writing 26 sworn to before a notary public. If the person is 27 unable to sign his or her name, the person may make his 28 or her signature with an "X" that is witnessed by 2 29 other persons not employed or directly associated with 30 the landlord or agency, preferably a relative or 31 guardian of the person or someone designated by the 32 person beforehand. 33 (8) The right to vote, which may not be denied 34 solely because the person does not have a permanent HB2608 Engrossed -3- LRB093 06999 DRJ 07149 b 1 residence. 2 (9) The right of visitation with family members, 3 friends, clergy, and professional or public consultants 4 notwithstanding the person's living arrangements, as long 5 as the visitation does not interfere with the smooth 6 operation of the person's place of residence. 7 (10) The right to receive public services or 8 accommodations offered to any other citizen of this State 9 in accordance, with established eligibility guidelines 10 for those services. 11 (11) The right to confidentiality of records. 12 Homeless shelters shall obtain a voluntary written 13 release from a homeless person prior to disclosing any 14 personal information regarding the homeless person, 15 including, but not limited to, name, social security 16 number, and birth date, except in aggregate form. The 17 right to confidentiality of records includes the 18 dissemination of materials to other agencies, either 19 private or public. The homeless person shall be given the 20 option of whether to release records via informed 21 consent, based on guidelines from the Office of Human 22 Research Protections, United States Department of Health 23 and Human Services, including: 24 (A) the expected duration of the subject's 25 participation; 26 (B) an explanation of whom to contact for 27 answers to pertinent questions about the research 28 and research subjects' rights, and whom to contact 29 in the event of a research-related injury to the 30 subject; 31 (C) a statement that participation in 32 releasing records is voluntary, refusal to 33 participate will involve no penalty or loss of 34 benefits to which the subject is otherwise entitled, HB2608 Engrossed -4- LRB093 06999 DRJ 07149 b 1 and the subject may discontinue participation in the 2 record release at any time without penalty or loss 3 of benefits to which the subject is otherwise 4 entitled; 5 (D) a description of any reasonably 6 foreseeable risks or discomforts to the subject; and 7 (E) a statement describing the extent, if any, 8 to which confidentiality of records identifying the 9 subject will be maintained. 10 (b) The Department of Public Health shall monitor and 11 enforce the rights of homeless persons set forth in 12 subsection (a). The Department may designate one or more 13 local health departments or local health officers to monitor 14 and enforce those rights. 15 Section 15. DCCA; housing assistance. The Department of 16 Commerce and Community Affairs may establish priorities of 17 eligibility for temporary rental or other housing assistance 18 among the various categories of persons needing assistance 19 in obtaining or retaining housing, including, without 20 limitation, persons subject to immediate eviction for 21 nonpayment of rent or subject to foreclosure for nonpayment 22 of mortgage installments or property taxes, when nonpayment 23 is attributable to illness, unemployment, underemployment, or 24 any other failure of lack of resources beyond the person's 25 control.