Illinois General Assembly - Full Text of Public Act 099-0894
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Public Act 099-0894


 

Public Act 0894 99TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 099-0894
 
SB0320 EnrolledLRB099 02942 JLK 22950 b

    AN ACT concerning government.
 
    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 Mental
Health Opportunities for Youth Diversion Task Force Act.
 
    Section 5. Findings. The General Assembly finds that:
    (1) an estimated 70% of youth who are arrested in the
United States have a mental health disorder;
    (2) in many cases, this may contribute to the cause of
their arrest or may remain undiagnosed as they progress through
the juvenile justice system;
    (3) in Cook County, at least one study found that 60% of
boys and 66% of girls detained in the Juvenile Temporary
Detention Center met the diagnostic criteria for one or more
psychiatric disorders;
    (4) an appropriate system of care would be one in which
youth with identified mental health needs receive care through
the health care system in the community rather than in the
juvenile justice system;
    (5) while some youth are diverted to hospitals while they
are in mental health crisis, often these youth do not require
hospitalization but are funneled through these hospitals
unnecessarily because of the lack of less intensive options
available to receive intermediate care;
    (6) youth in these situations often need a quick assessment
and intermediate care, such as crisis intervention,
counseling, or case management;
    (7) in contrast, a hospital assessment and a referral for
later community treatment are unnecessarily costly and
specialized;
    (8) youth with undiagnosed mental health issues may be
arrested and processed through the juvenile justice system and
only receive treatment once they are deep in the juvenile
justice system;
    (9) opportunities exist in several areas to eliminate
barriers to community-based treatment for youth and increase
diversion programming that allows youth to receive treatment
and avoid further involvement with law enforcement or the
juvenile justice system; and
    (10) establishing a Mental Health Opportunities for Youth
Diversion Task Force to review best practices and guarantee
cross-collaboration among government entities and community
partners is essential to eliminating these barriers and
ensuring that youth in this State with mental health needs do
not end up unnecessarily tangled in the juvenile justice
system.
 
    Section 10. Mental Health Opportunities for Youth
Diversion Task Force.
    (a) There is created the Mental Health Opportunities for
Youth Diversion Task Force within the Department of Human
Services. The Task Force shall be composed of no more than 21
voting members including:
        (1) Two members of the House of Representatives, one
    appointed by the Speaker of the House of Representatives
    and one appointed by the Minority Leader of the House of
    Representatives.
        (2) Two members of the Senate, one appointed by the
    President of the Senate and one appointed by the Minority
    Leader of the Senate.
        (3) One representative of the Office of the Governor
    appointed by the Governor.
        (4) Twelve members of the public:
            (A) one representative from a health and hospital
        system, appointed by the Speaker of the House of
        Representatives;
            (B) one representative from a community-based
        mental health provider that serve youth, appointed by
        the President of the Senate;
            (C) one representative from a statewide youth
        juvenile justice advocacy organization, appointed by
        the Speaker of the House of Representatives;
            (D) one representative of an organization that
        advocates for families and youth with mental illness,
        appointed by the President of the Senate;
            (E) one representative from an organization with
        expertise in Medicaid, health care, and juvenile
        justice, appointed by the President of the Senate;
            (F) one representative from law enforcement,
        appointed by the Minority Leader of the Senate;
            (G) one representative from law enforcement from
        the Crises Intervention Team Training Unit, appointed
        by the Minority Leader of the House of Representatives;
            (H) one representative from the juvenile division
        of a State's Attorney's office, appointed by the
        Minority Leader of the Senate;
            (I) one representative from the juvenile division
        of a Public Defender's office, appointed by the
        Minority Leader of the House of Representatives;
            (J) one representative from a clinical unit of
        juvenile community corrections, appointed by the
        Speaker of the House of Representatives;
            (K) one representative from an organization that
        is a comprehensive community-based youth service
        provider appointed by the House Minority Leader; and
            (L) one representative from a service provider
        with the Juvenile Redeploy Illinois Program appointed
        by the Senate Minority Leader.
        (5) The following 4 officials shall serve as ex-officio
    members:
            (A) one representative from the Department of
        Human Services Mental Health and Juvenile Justice
        Program, appointed by the Secretary of Human Services;
            (B) one representative from the Department of
        Human Services Comprehensive Community-Based Youth
        Services Program, appointed by the Secretary of Human
        Services;
            (C) the Director of Healthcare and Family
        Services, or his or her designee; and
            (D) one representative from the Administrative
        Office of the Illinois Courts, appointed by the
        Director of the Administrative Office of the Illinois
        Courts.
    (b) Members shall serve without compensation and are
responsible for the cost of all reasonable and necessary travel
expenses connected to Task Force business. The Task Force
members shall not be reimbursed by the State for these costs.
Task Force members shall be appointed within 60 days after the
effective date of this Act. The Task Force shall hold its
initial meetings within 60 days after at least 50% of the
members have been appointed. The representatives of the
organization that advocates for families and youth with mental
illness and one of the representatives from an organization
with an expertise in Medicaid, health care, and juvenile
justice shall serve as co-chairs of the Task Force. At the
first meeting of the Task Force, the members shall select a 5
person Steering Committee that includes the co-chairs. The Task
Force may establish committees that address specific issues or
populations and may appoint individuals with relevant
expertise who are not appointed members of the Task Force to
serve on committees as needed.
    (c) The Task Force shall:
        (1) develop an action plan for State and local law
    enforcement and other agencies to divert youth in contact
    with law enforcement agencies that require mental health
    treatment into the appropriate health care setting rather
    than initial or further involvement in the juvenile justice
    system;
        (2) review existing evidence based models and best
    practices around diversion opportunities for youth with
    mental health needs from the point of police contact and
    initial contact with the juvenile justice system;
        (3) identify existing diversion programs across this
    State and highlight implemented programs demonstrating
    positive evidence based outcomes;
        (4) identify all funding sources which can be used
    towards improving diversion outcomes for youth with mental
    health needs, including funds controlled by the State,
    funds controlled by counties, and funding within the health
    care system;
        (5) identify barriers to the implementation of
    evidence based diversion models and develop sustainable
    policies and programs to address these barriers;
        (6) recommend an action plan required by paragraph (1)
    of this subsection (c) that includes pilot programs and
    policy changes based on the research required by paragraphs
    (3), (4), and (5) of this subsection (c) for increasing the
    number of youth diverted into community-based mental
    health treatment rather than further engagement with the
    juvenile justice system; and
        (7) complete and deliver the action plan required by
    paragraph (1) of this subsection (c) with recommendations
    to the Governor and General Assembly within one year of the
    first meeting of the Task Force.
    (d) Upon the completion and delivery of the action plan to
the Governor and General Assembly, the Task Force shall be
dissolved.
 
    Section 15. Repeal. This Act is repealed on December 31,
2018.

Effective Date: 1/1/2017