Full Text of HB2649 101st General Assembly
HB2649ham002 101ST GENERAL ASSEMBLY | Rep. Delia C. Ramirez Filed: 4/2/2019
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| 1 | | AMENDMENT TO HOUSE BILL 2649
| 2 | | AMENDMENT NO. ______. Amend House Bill 2649 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be cited as the Bill | 5 | | of Rights for Children of Incarcerated Parents Act. | 6 | | Section 3. Purpose. The purpose of this Act is to ensure | 7 | | the fair and compassionate treatment for children of | 8 | | incarcerated parents by affording certain basic rights and | 9 | | considerations to these children. This Act does not create any | 10 | | new individual right of action. | 11 | | Section 5. Legislative findings. Based upon a study by | 12 | | Lurie Children's Hospital's researchers, a report by the Annie | 13 | | E. Casey Foundation titled "A Shared Sentence", the work of the | 14 | | San Francisco Children of Incarcerated Parents Partnership, | 15 | | and the findings of the Women's Justice Institute's Gender |
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| 1 | | Informed Practice Assessment, the General Assembly finds the | 2 | | following: | 3 | | (1) Seven million, or one in 10 of the nation's children, | 4 | | have a parent under criminal justice supervision, in jail or | 5 | | prison, on probation, or on parole. | 6 | | (2) From 2011 to 2012, there were approximately 186,000 | 7 | | children in Illinois who had experienced parental | 8 | | incarceration. | 9 | | (3) Approximately 6% of children in Illinois have | 10 | | experienced parental incarceration. | 11 | | (4) In a snapshot of mothers incarcerated at Logan | 12 | | Correctional Center in 2015, they reported having 3,700 | 13 | | children. | 14 | | (5) Children with incarcerated parents have a daunting | 15 | | array of needs. They need a safe place to live and people to | 16 | | care for them in their parents' absence, as well as everything | 17 | | else a parent might be expected to provide: food, clothing, and | 18 | | medical care. | 19 | | (6) Parental incarceration is classified as an Adverse | 20 | | Childhood Experience. Multiple peer-reviewed studies connect | 21 | | Adverse Childhood Experiences, a set of specific traumatic | 22 | | events that occur during childhood, to poor mental and physical | 23 | | health outcomes such as chronic diseases, certain cancers, | 24 | | sexually transmitted infections, depression, and other mental | 25 | | health conditions. | 26 | | (7) Young adults who have experienced parental |
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| 1 | | incarceration are more likely to skip medical care, misuse or | 2 | | abuse prescription drugs, and were more likely to use the | 3 | | emergency room for medical needs. | 4 | | (8) The trauma of being separated from a parent, along with | 5 | | a lack of sympathy or support from others, can increase | 6 | | children's mental health issues, such as depression and | 7 | | anxiety, and hamper educational achievement. Children of | 8 | | incarcerated mothers in particular, are at greater risk of | 9 | | dropping out of school. Research shows preserving a child's | 10 | | relationship with a parent during incarceration benefits both | 11 | | parties. It also benefits society, reducing children's mental | 12 | | health issues and anxiety, while lowering recidivism and | 13 | | facilitating parents' successful return to their communities. | 14 | | (9) Institutions that touch on the lives of children of the | 15 | | incarcerated tend to operate in isolation. The Bill of Rights | 16 | | for Children of Incarcerated Parents offers a strong set of | 17 | | principles and recommendations for putting children at the | 18 | | forefront before, during, and after incarceration. | 19 | | Section 30. The Code of Criminal Procedure of 1963 is | 20 | | amended by adding Article 106F as follows: | 21 | | (725 ILCS 5/Art. 106F heading new) | 22 | | ARTICLE 106F. BILL OF RIGHTS FOR CHILDREN OF INCARCERATED | 23 | | PARENTS |
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| 1 | | (725 ILCS 5/106F-5 new) | 2 | | Sec. 106F-5. Policies and procedures. The Department of | 3 | | Corrections, county sheriff, or county correctional department | 4 | | shall develop and implement policies and practices that adhere | 5 | | to the guiding principles in Section 106F-10 for decisions that | 6 | | impact incarcerated individuals with children. | 7 | | (725 ILCS 5/106F-10 new) | 8 | | Sec. 106F-10. Bill of rights for children of incarcerated | 9 | | parents. It is the policy of this State that every child with a | 10 | | detained or incarcerated parent be treated with respect, care, | 11 | | and compassion.
The following guiding principles shall set the | 12 | | framework for the review and development of policies and | 13 | | procedures by corrections and law enforcement agencies that | 14 | | interact with children whose parents are detained or | 15 | | incarcerated: | 16 | | (1) Children should be protected from additional trauma at | 17 | | the time of parental arrest. | 18 | | (2) Children should be heard, respected, and considered by | 19 | | decision makers when decisions are made about them. | 20 | | (3) Children should be considered when decisions are made | 21 | | about their parent. | 22 | | (4) Children should be cared for and provided access to | 23 | | support in the absence of their parent in a way that | 24 | | prioritizes their physical, mental, and emotional needs. | 25 | | (5) Children should be able to speak with, see, and touch |
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| 1 | | their parent who is incarcerated. | 2 | | (6) Children should have access to local services and | 3 | | programs that can provide support to them as they deal with | 4 | | their parent's incarceration. | 5 | | (7) Children should not be judged, labeled, or blamed for | 6 | | the parent's incarceration. | 7 | | (8) Children should be able to have a lifelong relationship | 8 | | with their parents. | 9 | | (725 ILCS 5/106F-15 new) | 10 | | Sec. 106F-15. Task Force on Children of Incarcerated | 11 | | Parents. | 12 | | (a) The Task Force on Children of Incarcerated Parents is | 13 | | created. The purpose of this Task Force is to review best | 14 | | practices, available research, and current policies on the | 15 | | impact of parental incarceration on children. The Task Force | 16 | | shall develop and propose policies and procedures that align | 17 | | with the guiding principles contained in Section 106F-10, when | 18 | | possible. Policies and procedures shall incorporate the | 19 | | emotional, mental, and physical well-being of the children, | 20 | | officers and other staff, and any other relevant parties. A | 21 | | policy or procedure adhering to the guiding principles of | 22 | | Section 106F-10 shall not supersede a decision by a court | 23 | | having jurisdiction over the best interest of the child. The | 24 | | Task Force shall consist of the following members, appointed by | 25 | | the Lieutenant Governor unless otherwise indicated: |
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| 1 | | (1) 2 members from an organization that advocates for | 2 | | adolescents and youth; | 3 | | (2) 2 members who are academics or researchers that | 4 | | have studied issues related to the impact of incarceration | 5 | | on youth; | 6 | | (3) 2 members who are adult children who have | 7 | | experienced parental incarceration; | 8 | | (4) 2 members who are formerly incarcerated parents; | 9 | | (5) one member from an organization that facilitates | 10 | | visitation between incarcerated parents and children; | 11 | | (6) the Secretary of Human Services, or his or her | 12 | | designee; | 13 | | (7) the Director of Children and Family Services, or | 14 | | his or her designee; | 15 | | (8) the Cook County Public Guardian, or his or her | 16 | | designee; | 17 | | (9) the Director of Juvenile Justice, or his or her | 18 | | designee; | 19 | | (10) the Director of Corrections, or his or her | 20 | | designee; | 21 | | (11) one member representing the Illinois Sheriffs | 22 | | Association; | 23 | | (12) the Cook County Sheriff, or his or her designee; | 24 | | (13) the Director of State Police, or his or her | 25 | | designee; | 26 | | (14) one member representing the Chicago Police |
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| 1 | | Department; | 2 | | (15) the Director of the Illinois Law Enforcement | 3 | | Training Standards Board, or his or her designee; | 4 | | (16) the Attorney General, or his or her designee; | 5 | | (17) one member who represents the court system; | 6 | | (18) one member, appointed by the Speaker of the House | 7 | | of Representatives; | 8 | | (19) one member, appointed by the Minority Leader of | 9 | | the House of Representatives; | 10 | | (20) one member, appointed by the President of the | 11 | | Senate; | 12 | | (21) one member, appointed by the Minority Leader of | 13 | | the Senate; | 14 | | (22) one member, appointed by the Governor's Office who | 15 | | represents an organization with expertise in gender | 16 | | responsive practices and assessing the impact of | 17 | | incarceration on women, who are disproportionately | 18 | | custodial parents of young children. | 19 | | (b) The Task Force shall elect a chairperson from among its | 20 | | membership and any other officer it deems appropriate. The | 21 | | Office of the Lieutenant Governor shall provide administrative | 22 | | and technical support to the Task Force and shall be | 23 | | responsible for administering its operations and ensuring that | 24 | | the requirements of the Task Force are met. | 25 | | (d) The members of the Task Force shall serve without | 26 | | compensation. |
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| 1 | | (e) This Section is repealed on January 1, 2022. | 2 | | (725 ILCS 5/106F-20 new) | 3 | | Sec. 106F-20. Task Force; meetings; duties. | 4 | | (a) The Task Force on Children of Incarcerated Parents | 5 | | shall meet at least once per quarter beginning as soon as | 6 | | practicable after the effective date of this amendatory Act of | 7 | | the 101st General Assembly. | 8 | | (b) The Task Force shall review available research, best | 9 | | practices, and effective interventions to formulate | 10 | | recommendations in accordance with the guiding principles | 11 | | addressed in Section 106F-10 and specifically address the | 12 | | reduction of harm to children upon arrest, the ability to visit | 13 | | parents in jails and prisons, and access to supports during | 14 | | parental detention and incarceration. | 15 | | (c) The Task Force shall produce a report detailing the | 16 | | Task Force's findings and recommendations and the progress of | 17 | | implementation. The Task Force shall submit a report of its | 18 | | findings and recommendations to the General Assembly and the | 19 | | Governor by December 1, 2020 and a report on the progress of | 20 | | implementation on December 1, 2021. | 21 | | (d) This Section is repealed on January 1, 2022.
| 22 | | Section 99. Effective date. This Act takes effect upon | 23 | | becoming law.".
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