Illinois General Assembly - Full Text of HJR0053
Illinois General Assembly

Previous General Assemblies

Full Text of HJR0053  99th General Assembly




HJ0053LRB099 11318 RLC 31948 r


2    WHEREAS, The General Assembly recognizes that the State of
3Illinois experiences overcrowding in prison and jail
4populations and a continued high rate of recidivism of
5approximately 50%; and
6    WHEREAS, The State of Illinois currently spends $1.3
7billion per year on imprisonment of adults; and
8    WHEREAS, Nationally, 50% of incarcerated persons have
9mental health problems, 60% have substance use disorders (SUDs)
10and 33% have both; that many of these incarcerated persons are
11non-violent offenders whose crimes are directly related to
12their untreated or inadequately treated mental health
13problems, SUDs, or both; and that many of these incarcerated
14persons have a high rate of recidivism directly related to
15their untreated or inadequately treated mental health
16problems, SUDs, or both; and
17    WHEREAS, In 2013, a federal court entered an order
18facilitating a consent decree addressing issues related to the
19treatment of prisoners in the Illinois Department of
20Corrections who suffer from a serious mental illness and
21require monitoring; and



HJ0053- 2 -LRB099 11318 RLC 31948 r

1    WHEREAS, It is the intent of the General Assembly to create
2a Commission to recommend legislation that would establish a
3diversion action plan to improve efforts to divert persons with
4mental illness, substance use disorders, and intellectual
5disabilities to appropriate treatment or a diversion program as
6an alternative to incarceration; and
7    WHEREAS, It is the further intent of the General Assembly
8to reduce the prison population in the Illinois Department of
9Corrections by at least 25% by December 31, 2020, as a result
10of the diversion action plan; therefore, be it
13SENATE CONCURRING HEREIN, that there is created the Behavioral
14Health Prison Diversion Commission; and be it further
15    RESOLVED, That the Commission shall have 9 voting members
16appointed as follows:
17        (1) 2 members of the General Assembly appointed by the
18    President of the Senate, one of whom the President of the
19    Senate shall designate as co-chairperson;
20        (2) 2 members of the General Assembly appointed by the
21    Speaker of the House, one of whom the Speaker of the House
22    shall designate as co-chairperson;
23        (3) one member of the General Assembly appointed by the



HJ0053- 3 -LRB099 11318 RLC 31948 r

1    Minority Leader of the Senate;
2        (4) one member of the General Assembly appointed by the
3    Minority Leader of the House of Representatives;
4        (5) the Secretary of Human Services or his or her
5    designee;
6        (6) the Director of Corrections or his or her designee;
7    and
8        (7) a designee of the Office of the Governor; and be it
9    further
10    RESOLVED, That the co-chairpersons may appoint such other
11individuals as they may deem helpful as non-voting members of
12the Commission; that a vacancy on the Commission shall be
13filled in the same manner as the original appointment; that the
14Department of Human Services shall provide administrative
15support, together with meeting space, to assist the Commission
16in fulfilling its mission; and that all appointments required
17by this Resolution shall be made within 60 days of the adoption
18of this Resolution; and be it further
19    RESOLVED, That the Commission shall conduct meetings,
20conference calls, or both, as the co-chairpersons shall direct;
21that the Commission shall select from among its members a
22Secretary; that a majority of the members of the Commission
23serving constitutes a quorum for the transaction of the
24Commission's business; that the Commission shall act by a



HJ0053- 4 -LRB099 11318 RLC 31948 r

1majority vote of its serving members; and that the Commission
2shall meet at the call of the Co-Chairpersons and as may be
3provided in rules adopted by the Commission; and be it further
4    RESOLVED, That the Commission shall gather information,
5review studies, and identify areas of best practice with
6respect to how the criminal justice system should handle
7persons with behavioral health disorders including mental
8illness, substance use disorders, and intellectual
9disabilities who have committed a crime, and take other steps
10necessary to make written findings and recommendations as
11required in this Resolution; and be it further
12    RESOLVED, That in carrying out its function, the
13Commission, may, as appropriate, make inquiries, studies,
14investigations, hold hearings, and receive comments from the
15public; that the Commission may consult with outside experts in
16order to perform its duties, including, but not limited to,
17experts in the private sector, experts in forensic psychiatry,
18organized labor, government agencies, and at institutions of
19higher education; and that members of the Commission shall
20serve without compensation but may, subject to appropriation,
21receive reimbursement for necessary travel and expenses; and be
22it further
23    RESOLVED, That the Commission shall make its report to the



HJ0053- 5 -LRB099 11318 RLC 31948 r

1General Assembly on or before February 1, 2016; and that the
2report of the Commission shall detail those findings and
3recommendations supported by a majority of the voting members;
4and that the findings and recommendations shall include, but
5are not limited to:
6        (1) a diversion action plan to improve efforts to
7    divert persons with behavioral health disorders including
8    mental illness, substance use disorders, and intellectual
9    disabilities to appropriate treatment or diversion program
10    as an alternative to incarceration;
11        (2) areas of best practice in this State and other
12    states to expand the use of effective pre-booking and
13    post-booking options for those with behavioral health
14    disorders; and
15        (3) a performance monitoring process to include
16    baseline and post-implementation data for prevalence of
17    persons with behavioral health disorders and intellectual
18    disabilities in the State's criminal justice system,
19    outcomes, and return on investment; and be it further
20    RESOLVED, That in addition to the report, the Commission
21shall provide to the General Assembly its recommendations in
22the form of legislation; and that the Legislative Reference
23Bureau shall provide drafting assistance to the Commission; and
24be it further



HJ0053- 6 -LRB099 11318 RLC 31948 r

1    RESOLVED, That the Commission shall dissolve on February
215, 2016.