HB2649ham002 101ST GENERAL ASSEMBLY

Rep. Delia C. Ramirez

Filed: 4/2/2019

10100HB2649ham002 LRB101 10393 SLF 59017 a

AMENDMENT TO HOUSE BILL 2649

AMENDMENT NO. ______. Amend House Bill 2649 by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the Bill of Rights for Children of Incarcerated Parents Act.

Section 3. Purpose. The purpose of this Act is to ensure the fair and compassionate treatment for children of incarcerated parents by affording certain basic rights and considerations to these children. This Act does not create any new individual right of action.

Section 5. Legislative findings. Based upon a study by Lurie Children's Hospital's researchers, a report by the Annie E. Casey Foundation titled "A Shared Sentence", the work of the San Francisco Children of Incarcerated Parents Partnership, and the findings of the Women's Justice Institute's Gender Informed Practice Assessment, the General Assembly finds the following:

(1) Seven million, or one in 10 of the nation's children, have a parent under criminal justice supervision, in jail or prison, on probation, or on parole.

(2) From 2011 to 2012, there were approximately 186,000 children in Illinois who had experienced parental incarceration.

(3) Approximately 6% of children in Illinois have experienced parental incarceration.

(4) In a snapshot of mothers incarcerated at Logan Correctional Center in 2015, they reported having 3,700 children.

(5) Children with incarcerated parents have a daunting array of needs. They need a safe place to live and people to care for them in their parents' absence, as well as everything else a parent might be expected to provide: food, clothing, and medical care.

(6) Parental incarceration is classified as an Adverse Childhood Experience. Multiple peer-reviewed studies connect Adverse Childhood Experiences, a set of specific traumatic events that occur during childhood, to poor mental and physical health outcomes such as chronic diseases, certain cancers, sexually transmitted infections, depression, and other mental health conditions.

(7) Young adults who have experienced parental incarceration are more likely to skip medical care, misuse or abuse prescription drugs, and were more likely to use the emergency room for medical needs.

(8) The trauma of being separated from a parent, along with a lack of sympathy or support from others, can increase children's mental health issues, such as depression and anxiety, and hamper educational achievement. Children of incarcerated mothers in particular, are at greater risk of dropping out of school. Research shows preserving a child's relationship with a parent during incarceration benefits both parties. It also benefits society, reducing children's mental health issues and anxiety, while lowering recidivism and facilitating parents' successful return to their communities.

(9) Institutions that touch on the lives of children of the incarcerated tend to operate in isolation. The Bill of Rights for Children of Incarcerated Parents offers a strong set of principles and recommendations for putting children at the forefront before, during, and after incarceration.

Section 30. The Code of Criminal Procedure of 1963 is amended by adding Article 106F as follows:

(725 ILCS 5/Art. 106F heading new)

ARTICLE 106F. BILL OF RIGHTS FOR CHILDREN OF INCARCERATED

PARENTS

(725 ILCS 5/106F-5 new)

Sec. 106F-5. Policies and procedures. The Department of Corrections, county sheriff, or county correctional department shall develop and implement policies and practices that adhere to the guiding principles in Section 106F-10 for decisions that impact incarcerated individuals with children.

(725 ILCS 5/106F-10 new)

Sec. 106F-10. Bill of rights for children of incarcerated parents. It is the policy of this State that every child with a detained or incarcerated parent be treated with respect, care, and compassion. The following guiding principles shall set the framework for the review and development of policies and procedures by corrections and law enforcement agencies that interact with children whose parents are detained or incarcerated:

(1) Children should be protected from additional trauma at the time of parental arrest.

(2) Children should be heard, respected, and considered by decision makers when decisions are made about them.

(3) Children should be considered when decisions are made about their parent.

(4) Children should be cared for and provided access to support in the absence of their parent in a way that prioritizes their physical, mental, and emotional needs.

(5) Children should be able to speak with, see, and touch their parent who is incarcerated.

(6) Children should have access to local services and programs that can provide support to them as they deal with their parent's incarceration.

(7) Children should not be judged, labeled, or blamed for the parent's incarceration.

(8) Children should be able to have a lifelong relationship with their parents.

(725 ILCS 5/106F-15 new)

Sec. 106F-15. Task Force on Children of Incarcerated Parents.

(a) The Task Force on Children of Incarcerated Parents is created. The purpose of this Task Force is to review best practices, available research, and current policies on the impact of parental incarceration on children. The Task Force shall develop and propose policies and procedures that align with the guiding principles contained in Section 106F-10, when possible. Policies and procedures shall incorporate the emotional, mental, and physical well-being of the children, officers and other staff, and any other relevant parties. A policy or procedure adhering to the guiding principles of Section 106F-10 shall not supersede a decision by a court having jurisdiction over the best interest of the child. The Task Force shall consist of the following members, appointed by the Lieutenant Governor unless otherwise indicated:

(1) 2 members from an organization that advocates for adolescents and youth;

(2) 2 members who are academics or researchers that have studied issues related to the impact of incarceration on youth;

(3) 2 members who are adult children who have experienced parental incarceration;

(4) 2 members who are formerly incarcerated parents;

(5) one member from an organization that facilitates visitation between incarcerated parents and children;

(6) the Secretary of Human Services, or his or her designee;

(7) the Director of Children and Family Services, or his or her designee;

(8) the Cook County Public Guardian, or his or her designee;

(9) the Director of Juvenile Justice, or his or her designee;

(10) the Director of Corrections, or his or her designee;

(11) one member representing the Illinois Sheriffs Association;

(12) the Cook County Sheriff, or his or her designee;

(13) the Director of State Police, or his or her designee;

(14) one member representing the Chicago Police Department;

(15) the Director of the Illinois Law Enforcement Training Standards Board, or his or her designee;

(16) the Attorney General, or his or her designee;

(17) one member who represents the court system;

(18) one member, appointed by the Speaker of the House of Representatives;

(19) one member, appointed by the Minority Leader of the House of Representatives;

(20) one member, appointed by the President of the Senate;

(21) one member, appointed by the Minority Leader of the Senate;

(22) one member, appointed by the Governor's Office who represents an organization with expertise in gender responsive practices and assessing the impact of incarceration on women, who are disproportionately custodial parents of young children.

(b) The Task Force shall elect a chairperson from among its membership and any other officer it deems appropriate. The Office of the Lieutenant Governor shall provide administrative and technical support to the Task Force and shall be responsible for administering its operations and ensuring that the requirements of the Task Force are met.

(d) The members of the Task Force shall serve without compensation.

(e) This Section is repealed on January 1, 2022.

(725 ILCS 5/106F-20 new)

Sec. 106F-20. Task Force; meetings; duties.

(a) The Task Force on Children of Incarcerated Parents shall meet at least once per quarter beginning as soon as practicable after the effective date of this amendatory Act of the 101st General Assembly.

(b) The Task Force shall review available research, best practices, and effective interventions to formulate recommendations in accordance with the guiding principles addressed in Section 106F-10 and specifically address the reduction of harm to children upon arrest, the ability to visit parents in jails and prisons, and access to supports during parental detention and incarceration.

(c) The Task Force shall produce a report detailing the Task Force's findings and recommendations and the progress of implementation. The Task Force shall submit a report of its findings and recommendations to the General Assembly and the Governor by December 1, 2020 and a report on the progress of implementation on December 1, 2021.

(d) This Section is repealed on January 1, 2022.

Section 99. Effective date. This Act takes effect upon becoming law.".