HB4117 93RD GENERAL ASSEMBLY

LRB093 16246 DRJ 41880 b

93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB4117

Introduced 1/15/2004, by Wyvetter H. Younge

SYNOPSIS AS INTRODUCED:

New Act
20 ILCS 3805/10	from Ch. 67 1/2, par. 310

Creates the State Advocacy Program for the Homeless Mentally Ill and Developmentally Disabled Act and amends the Illinois Housing Development Act. Creates a staff advocacy position within the Bureau of Homeless Services and Supportive Services of the Department of Human Services to promote and facilitate the development of community-based support systems to promote the health, safety, welfare, and human and civil rights of homeless individuals with mental illness or developmental disabilities and to perform other functions. Authorizes the Department to make grants-in-aid to local entities for the purpose of providing services to homeless persons. Requires the Illinois Housing Development Authority to ensure that a number of the units held available for persons of low or moderate income are held available for the homeless mentally ill and developmentally disabled as defined in the State Advocacy Program for the Mentally Ill and Developmentally Disabled Act.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT in relation to human services.

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

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

Section 5. Legislative findings. The General Assembly finds that a disproportionate number of people in this State are unable to secure housing for themselves and their families, and that many people are forced to live in the streets without shelter or in emergency shelters. A substantial number of the homeless population are mentally ill or developmentally disabled, and these homeless people are more readily subjected to abuse. Despite current public and private efforts, the homeless problem in this State is a critical threat to the health, safety, and welfare of many people and communities across the State. Therefore, it is in the public interest that the General Assembly take immediate and necessary action to ensure a more adequate response to the needs of homeless people, including providing the necessary funds to effectively carry out the provisions of this Act. The General Assembly also acknowledges that the complex problem of homelessness in this State is being addressed by a rapidly growing range of services from the State and local governments as well as the private sector. This creates the need for coordination and planning in the allocation of resources and in the design and implementation of new programs to serve the homeless, and the General Assembly finds that there is a need for a single entity to coordinate these efforts.

Section 10. Definitions. In this Act:

"Department" means the Department of Human Services.

"Developmentally disabled" means a person who has a developmental disability as defined in Section 1-3 of the Developmental Disability and Mental Disability Services Act.

"Homeless individual with mental illness or a developmental disability" means a person who does not have a home and has a mental illness or a developmental disability, or both, including, but not limited to, a person with a mental illness or developmental disability: (i) who is in a shelter or drop-in center for the homeless, (ii) who is being discharged from a State or private institution without a residence to go to, (iii) who has a temporary residence or no regular abode in which to live, or (iv) who has a history of chronic residential instability.

"Mentally ill" means a person who has a severe mental illness as defined in Section 2-3 of the Developmental Disability and Mental Disability Services Act.

Section 15. Advocacy position. A staff advocacy position within the Bureau of Homeless Services and Supportive Services of the Department of Human Services shall be created to do the following:

(1) Promote and facilitate the development of community-based support systems to protect the health, safety, welfare, and human and civil rights of homeless individuals with mental illness or developmental disabilities.

(2) Enter into agreements with local community-based support systems to carry out the provisions of Sections 20 through 30.

(3) Implement the programs established under Sections 20 through 30.

(4) Conduct periodic programmatic and administrative reviews of the programs created under Sections 20 through 30 to ensure the delivery of quality services.

(5) Serve as an advocate for homeless individuals with other governmental and community service providers.

(6) Assist in the development of financial and human resources to respond to the needs of homeless individuals with mental illness or developmental disabilities.

Section 20. Community-based support systems.

(a) The Department shall initiate requests for proposals or continued funding forms for the establishment or expansion of nonprofit agencies and organizations that will be responsible for developing or coordinating comprehensive and integrated community-based support systems for homeless individuals with mental illness or developmental disabilities.

(b) Through community-based providers, the Department shall take appropriate steps to encourage homeless persons to use these services and shall provide information on services available to them.

Section 25. Community service agreements.

(a) Through agreements with community-based providers and based on available funding, the following components may be addressed within the service system for homeless individuals with mental illness or developmental disabilities:

(1) Community needs assessment and resource development.

(2) Case management, including case review, tracking, service evaluation, and networking.

(3) Training and staff development.

(4) Consultation with and technical assistance for providers of shelters.

(5) Outreach services that are available at times and in places where homeless individuals with mental illness or developmental disabilities can be located, such as overnight shelters.

(6) Emergency and crisis intervention services, including the availability of shelter facilities.

(b) Each service area, local board, or local service system must do the following:

(1) Assist in maintaining sources of income, food, clothing, health care, counseling, training, and employment, and in maintaining a stable living environment within the community when possible.

(2) Develop individualized service plans for homeless persons that may include, but need not be limited to, the following:

(A) Personal assistance in securing and maintaining housing, food, and clothing arrangements.

(B) Crisis intervention services focusing on finding appropriate alternatives to acute inpatient hospital care.

(C) Assistance in securing and maintaining income and health care benefits.

(D) Social and vocational skill development activities as determined by the client's needs, interests, and abilities.

(E) Money management assistance or representative payeeship.

(F) Other self-help skills.

(G) Other counseling and referral and legal and administrative proceeding services as needed.

Section 30. Refusal of services. The Department shall explore the provisions of the Mental Health and Developmental Disabilities Code in relation to homeless individuals with mental illness or developmental disabilities who refuse services for themselves.

Section 35. Grants-in-aid. The Department shall make grants-in-aid to entities recognized under Section 20 based on appropriations to provide services pursuant to Sections 20 through 30. The Department shall establish and publish criteria in requests for proposals for determining eligible services and the amount of grants-in-aid so that all interested individuals, agencies, associations, and other entities may have access to that information.

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

(20 ILCS 3805/10) (from Ch. 67 1/2, par. 310)

Sec. 10. Prior to making a loan commitment for a development under this Act, the Authority shall approve a tenant selection plan submitted by the applicant for the loan. The Authority shall formulate regulations from time to time setting forth the criteria for tenant selection plans. These criteria shall include income limits, which may vary with the size and circumstances of the family unit of tenants. The income limits shall be sufficiently flexible to avoid undue economic homogeneity among the tenants of a development. The Authority may formulate regulations from time to time for the alteration of occupancies of tenants who exceed established income limits. The tenant selection plan shall specify how many units in the development shall be held available for rentals to persons of low or moderate income, as defined in this Act, and for rental to homeless individuals with mental illness or a developmental disability, as defined in the State Advocacy Program for the Homeless Mentally Ill and Developmentally Disabled Act.

In determining the number of units which shall be so held available for rental to persons of low or moderate income and for rental to homeless individuals with mental illness or a developmental disability, as defined in the State Advocacy Program for the Homeless Mentally Ill and Developmentally Disabled Act, the Authority shall require that the number of dwelling units so held reserved for them in each development shall not be less than the number required by applicable federal and State law.

In connection with any mortgage loan for a development, the Authority may enter into an agreement with the owner of the development as a part of the loan providing that as long as the loan remains outstanding or such longer period as is set forth in the agreement, the development shall be held available for such rentals. Any such agreement shall, upon being recorded in the manner provided for recording of deeds or registered in the manner specified for registration of titles, be binding upon any subsequent owners of the development as provided by its terms.

(Source: P.A. 87-250.)