HB5434 - 104th General Assembly
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| 1 | AMENDMENT TO HOUSE BILL 5434 | ||||||
| 2 | AMENDMENT NO. ______. Amend House Bill 5434, AS AMENDED, | ||||||
| 3 | by replacing everything after the enacting clause with the | ||||||
| 4 | following: | ||||||
| 5 | "Section 1. Short title. This Act may be cited as the | ||||||
| 6 | Emerging Adult Criminal Justice Task Force Act. | ||||||
| 7 | Section 5. Findings. The General Assembly finds that: | ||||||
| 8 | (1) Emerging adults are disproportionately involved in | ||||||
| 9 | the criminal justice system. National data consistently | ||||||
| 10 | show that individuals in this age group have the highest | ||||||
| 11 | rates of arrest, jail admissions, prison admissions, and | ||||||
| 12 | rearrest. | ||||||
| 13 | (2) Developmental psychology and neuroscience studies | ||||||
| 14 | have shown that judgment, impulse control, and | ||||||
| 15 | psychosocial maturity may continue developing into the | ||||||
| 16 | mid-20s. Emerging adults may differ significantly from | ||||||
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| 1 | older adults in risk assessment, susceptibility to peer | ||||||
| 2 | influence, emotional regulation, and decision-making under | ||||||
| 3 | stress. | ||||||
| 4 | (3) Emerging adults may also face elevated rates of | ||||||
| 5 | mental health disorders, trauma exposure, substance use | ||||||
| 6 | disorders, unemployment, and housing instability. These | ||||||
| 7 | vulnerabilities are closely linked to system involvement. | ||||||
| 8 | (4) Despite these challenges, emerging adults possess | ||||||
| 9 | strong capacity for change. Their brains retain high | ||||||
| 10 | neuroplasticity, and appropriate interventions during this | ||||||
| 11 | developmental period produce greater long-term benefits | ||||||
| 12 | than comparable interventions for older adults. | ||||||
| 13 | (5) Traditional adult criminal justice responses can | ||||||
| 14 | be counterproductive for emerging adults. Adult jails and | ||||||
| 15 | prisons can be associated with higher rates of | ||||||
| 16 | victimization, self-harm, long-term disability, and | ||||||
| 17 | recidivism among this population. | ||||||
| 18 | (6) States and jurisdictions across the U.S. have | ||||||
| 19 | created special laws or practices for emerging adults, | ||||||
| 20 | including extended juvenile jurisdiction, youthful | ||||||
| 21 | offender statutes, specialized probation units, young | ||||||
| 22 | adult courts, and correctional units tailored to this age | ||||||
| 23 | group. | ||||||
| 24 | (7) Illinois has taken several important steps, | ||||||
| 25 | including youthful offender parole, the First Time Weapon | ||||||
| 26 | Offender Program, and the Cook County SEED Program, but it | ||||||
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| 1 | has not comprehensively examined the full spectrum of | ||||||
| 2 | policies affecting emerging adults. | ||||||
| 3 | (8) After decades of program based intervention | ||||||
| 4 | alternatives for juveniles, it is appropriate for the task | ||||||
| 5 | force to evaluate the efficiency of each of these programs | ||||||
| 6 | to ensure only those that are reducing criminal behavior | ||||||
| 7 | and providing for public safety and continues while those | ||||||
| 8 | that are not providing the expected benefits are phased | ||||||
| 9 | out. | ||||||
| 10 | (9) Illinois would benefit from a comprehensive, | ||||||
| 11 | bipartisan, data-driven review of approaches to emerging | ||||||
| 12 | adults across the criminal justice system. | ||||||
| 13 | Section 10. Purpose. The purpose of this Act is to create a | ||||||
| 14 | bipartisan, bicameral Task Force to study and recommend | ||||||
| 15 | strategies for developmentally appropriate, cost-effective, | ||||||
| 16 | and equitable approaches to emerging adults in Illinois that | ||||||
| 17 | provides opportunities for emerging adults to divert from the | ||||||
| 18 | criminal justice system. | ||||||
| 19 | Section 15. Definitions. In this Act: | ||||||
| 20 | "Department" means the Department of Corrections. | ||||||
| 21 | "Emerging adult" means an individual who is 18 to 25 years | ||||||
| 22 | of age. | ||||||
| 23 | "Task Force" means the Task Force on Emerging Adults in | ||||||
| 24 | the Criminal Justice System established under this Act. | ||||||
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| 1 | Section 20. Establishment of Task Force. The Task Force on | ||||||
| 2 | Emerging Adults in the Criminal Justice System is established | ||||||
| 3 | within the Department and shall be provided staffing, | ||||||
| 4 | research, and administrative support by the Department. | ||||||
| 5 | Section 25. Membership. | ||||||
| 6 | (a) The Task Force shall be bipartisan, bicameral, and | ||||||
| 7 | include representation from stakeholders in the criminal | ||||||
| 8 | justice system, organizations that work extensively with young | ||||||
| 9 | adults, and those with lived experience in the criminal | ||||||
| 10 | justice system as emerging adults. | ||||||
| 11 | (b) The Task Force shall consist of the following members: | ||||||
| 12 | (1) two members of the Senate appointed by the | ||||||
| 13 | President of the Senate, one of whom shall be designated | ||||||
| 14 | as co-chair of the Task Force; | ||||||
| 15 | (2) two members of the Senate appointed by the | ||||||
| 16 | Minority Leader of the Senate; | ||||||
| 17 | (3) two members of the House appointed by the Speaker | ||||||
| 18 | of the House, one of whom shall be designated as co-chair | ||||||
| 19 | of the Task Force; | ||||||
| 20 | (4) two members of the House appointed by the Minority | ||||||
| 21 | Leader of the House; and | ||||||
| 22 | (5) the following members appointed by the Governor: | ||||||
| 23 | (A) the Director of the Department or the | ||||||
| 24 | Director's designee; | ||||||
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| 1 | (B) the Director of Juvenile Justice or the | ||||||
| 2 | Director's designee; | ||||||
| 3 | (C) the Director of the Administrative Office of | ||||||
| 4 | the Illinois Courts or the Director's designee; | ||||||
| 5 | (D) one circuit court judge with criminal or | ||||||
| 6 | problem-solving court experience; | ||||||
| 7 | (E) three State's Attorneys representing counties | ||||||
| 8 | of varying size; | ||||||
| 9 | (F) three Public Defenders representing counties | ||||||
| 10 | of varying size; | ||||||
| 11 | (G) one representative of a statewide or regional | ||||||
| 12 | victims' rights organization; | ||||||
| 13 | (H) two representatives of a municipal police | ||||||
| 14 | department; | ||||||
| 15 | (I) two representatives of a sheriff's office that | ||||||
| 16 | operates a county jail; | ||||||
| 17 | (J) two representatives of a community-based legal | ||||||
| 18 | services or holistic defense organization serving | ||||||
| 19 | emerging adults; | ||||||
| 20 | (K) one representative of a community-based | ||||||
| 21 | organization that provides reentry services to | ||||||
| 22 | returning citizens, including emerging adults; | ||||||
| 23 | (L) one representative of a community-based | ||||||
| 24 | organization providing education, workforce | ||||||
| 25 | development, housing, or behavioral health services to | ||||||
| 26 | emerging adults; | ||||||
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| 1 | (M) one representative of an employer association, | ||||||
| 2 | trade group, or major employer who regularly hires and | ||||||
| 3 | supervises young adults who are ages 18 to 25; | ||||||
| 4 | (N) one administrator or faculty member from an | ||||||
| 5 | Illinois community college or public university with | ||||||
| 6 | expertise in student development or the behavior of | ||||||
| 7 | emerging adults; | ||||||
| 8 | (O) one licensed mental health professional or | ||||||
| 9 | developmental psychologist with expertise in late | ||||||
| 10 | adolescence and emerging adulthood; | ||||||
| 11 | (P) two individuals with lived experience of | ||||||
| 12 | justice involvement for offenses committed between | ||||||
| 13 | ages 18 and 25, including at least one formerly | ||||||
| 14 | incarcerated in an adult facility; | ||||||
| 15 | (Q) the Director of the Sentencing Policy Advisory | ||||||
| 16 | Committee; | ||||||
| 17 | (R) a representative of an association that | ||||||
| 18 | represents attorneys statewide; and | ||||||
| 19 | (S) a representative of a philanthropic | ||||||
| 20 | organization with expertise and experience in funding | ||||||
| 21 | services and policies for justice-involved emerging | ||||||
| 22 | adults. | ||||||
| 23 | (c) Members shall serve without compensation but may be | ||||||
| 24 | reimbursed for reasonable expenses subject to appropriation. | ||||||
| 25 | (d) Vacancies shall be filled in the manner of original | ||||||
| 26 | appointment. | ||||||
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| 1 | (e) Membership shall reflect, to the extent practicable, | ||||||
| 2 | the demographic and geographic diversity of the State. | ||||||
| 3 | Section 30. Meetings; quorum; public input. The first | ||||||
| 4 | meeting of the Task Force shall be held within 60 days after | ||||||
| 5 | the appointment of a majority of its members. Meetings of the | ||||||
| 6 | Task Force shall be called by the co-chairs. A majority of the | ||||||
| 7 | members of the Task Force shall constitute a quorum. All | ||||||
| 8 | meetings of the Task Force shall be subject to the Open | ||||||
| 9 | Meetings Act. At least 3 public hearings of the Task Force | ||||||
| 10 | shall be held in different regions of Illinois. | ||||||
| 11 | Section 35. Duties. The Task Force shall: | ||||||
| 12 | (1) review Illinois law and practice affecting | ||||||
| 13 | emerging adults across pretrial, sentencing, corrections, | ||||||
| 14 | supervision, and reentry; | ||||||
| 15 | (2) examine emerging adult models in other states and | ||||||
| 16 | jurisdictions, including the United Nations Standard | ||||||
| 17 | Minimum Rules for Non-custodial Measures and the United | ||||||
| 18 | Nations Standard Minimum Rules for the Administration of | ||||||
| 19 | Juvenile Justice; | ||||||
| 20 | (3) integrate and summarize current developmental | ||||||
| 21 | research on emerging adults; | ||||||
| 22 | (4) analyze racial, ethnic, gender, and geographic | ||||||
| 23 | disparities affecting emerging adults; | ||||||
| 24 | (5) conduct benefit-cost and fiscal analyses of | ||||||
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| 1 | current practices versus developmentally tailored | ||||||
| 2 | alternatives; | ||||||
| 3 | (6) engage stakeholders, including crime survivors, | ||||||
| 4 | law enforcement organizations, employers, higher education | ||||||
| 5 | institutions, community organizations, and individuals | ||||||
| 6 | with lived experience with the criminal justice system; | ||||||
| 7 | (7) develop recommendations for statutory, policy, and | ||||||
| 8 | programmatic improvements; and | ||||||
| 9 | (8) allow any Task Force member to prepare a written | ||||||
| 10 | dissent or statement of concern regarding any finding or | ||||||
| 11 | recommendation, which shall be included verbatim in all | ||||||
| 12 | interim and final reports. | ||||||
| 13 | Section 40. Reports. | ||||||
| 14 | (a) No later than January 31, 2027, the Task Force shall | ||||||
| 15 | submit an interim report to the Governor and the General | ||||||
| 16 | Assembly summarizing its preliminary findings, analyses, and | ||||||
| 17 | recommendations. The interim report shall include any written | ||||||
| 18 | dissents or statements of concern submitted by Task Force | ||||||
| 19 | members. | ||||||
| 20 | (b) No later than December 1, 2027, the Task Force shall | ||||||
| 21 | submit a final report to the Governor and the General | ||||||
| 22 | Assembly, and the Department shall publish the report on its | ||||||
| 23 | website. The final report shall include: | ||||||
| 24 | (1) all final findings and recommendations; | ||||||
| 25 | (2) draft statutory language, where appropriate; | ||||||
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| 1 | (3) estimated fiscal impacts and benefit-cost | ||||||
| 2 | analyses; and | ||||||
| 3 | (4) all written dissents or statements of concern | ||||||
| 4 | submitted by any member, which shall be included in full | ||||||
| 5 | and published in the public version of the report. | ||||||
| 6 | (c) Any member may submit a dissent or statement of | ||||||
| 7 | concern up to 14 days following the adoption of any | ||||||
| 8 | recommendation. The Department shall publish all dissenting | ||||||
| 9 | statements alongside majority recommendations. | ||||||
| 10 | Section 45. Support; cooperation. | ||||||
| 11 | (a) The Department shall provide staff support, research, | ||||||
| 12 | data analysis, and administrative assistance to the Task | ||||||
| 13 | Force. | ||||||
| 14 | (b) State and local agencies shall cooperate with | ||||||
| 15 | reasonable requests for data and information, consistent with | ||||||
| 16 | all confidentiality laws. | ||||||
| 17 | Section 50. Repeal. This Act is repealed on June 30, 2028. | ||||||
| 18 | Section 99. Effective date. This Act takes effect upon | ||||||
| 19 | becoming law.". | ||||||
