HB1566eng 99TH GENERAL ASSEMBLY

HB1566 Engrossed LRB099 08772 RLC 29992 b

AN ACT concerning criminal law.

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 Prison Diversion Commission Act.

Section 5. Findings and purpose.

(a) The General Assembly recognizes that the State of Illinois experiences overcrowding in prison and jail populations and a continued high rate of recidivism of approximately 50%.

(b) The State of Illinois currently spends $1.3 billion per year on imprisonment of adults.

(c) Nationally, 50% of incarcerated persons have mental health problems, 60% have substance use disorders (SUDs) and 33% have both. Many of these incarcerated persons are non-violent offenders whose crimes are directly related to their untreated or inadequately treated mental health problems, SUDs, or both. Many of these incarcerated persons have a high rate of recidivism directly related to their untreated or inadequately treated mental health problems, SUDs, or both.

(d) It is the intent of the General Assembly to create a Commission to recommend legislation that would establish a diversion action plan to improve efforts to divert persons with mental illness, intellectual disabilities, and developmental disabilities to appropriate treatment as an alternative to incarceration.

Section 10. Mental Health Prison Diversion Commission.

(a) There is created the Mental Health Prison Diversion Commission. The Commission shall have 11 voting members appointed as follows:

(1) 3 members of the General Assembly appointed by the President of the Senate, one of whom the President of the Senate shall designate as co-chairperson;

(2) 3 members of the General Assembly appointed by the Speaker of the House, one of whom the Speaker of the House shall designate as co-chairperson;

(3) one member of the General Assembly appointed by the Minority Leader of the Senate;

(4) one member of the General Assembly appointed by the Minority Leader of the House of Representatives;

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

(6) the Director of Corrections or his or her designee; and

(7) a designee of the Office of the Governor.

(b) The co-chairpersons may appoint such other individuals as they may deem helpful as non-voting members of the Commission.

(c) A vacancy on the Commission shall be filled in the same manner as the original appointment.

(d) The Department of Human Services shall provide administrative support, together with meeting space, to assist the Commission in fulfilling its mission.

(e) All appointments required by this Section shall be made within 60 days of the effective date of this Act.

Section 15. Meetings.

(a) The Commission shall conduct meetings, conference calls, or both, as the co-chairpersons shall direct.

(b) The Commission shall select from among its members a Secretary.

(c) A majority of the members of the Commission serving constitutes a quorum for the transaction of the Commission's business. The Commission shall act by a majority vote of its serving members.

(d) The Commission shall meet at the call of the Co-Chairpersons and as may be provided in rules adopted by the Commission.

Section 20. Activities and purpose.

(a) The Commission shall gather information, review studies, and identify areas of best practice with respect to how the criminal justice system should handle persons with mental illness or intellectual and developmental disabilities who have committed a crime, and take other steps necessary to make written findings and recommendations as required in Section 25 of this Act.

(b) In carrying out its function, the Commission, may, as appropriate, make inquiries, studies, investigations, hold hearings, and receive comments from the public. The Commission may consult with outside experts in order to perform its duties, including, but not limited to, experts in the private sector, organized labor, government agencies, and at institutions of higher education.

(c) Members of the Commission shall serve without compensation but may, subject to appropriation, receive reimbursement for necessary travel and expenses.

Section 25. Report; legislation.

(a) The Commission shall make its report to the General Assembly on or before February 1, 2016. The report of the Commission shall detail those findings and recommendations supported by a majority of the voting members.

(b) The findings and recommendations shall include, but are not limited to:

(1) a diversion action plan to improve efforts to divert persons with mental illness or intellectual or developmental disabilities (including comorbid substance abuse disorders) to appropriate treatment as an alternative to incarceration;

(2) areas of best practice in this State and other states to expand the use of effective pre-booking and post-booking options for those with mental illness or intellectual and developmental disabilities; and

(3) a performance monitoring process to include baseline and post-implementation data for prevalence of persons with mental illness or intellectual or developmental disabilities in the State's criminal justice system, outcomes, and return on investment.

(c) In addition to the report, the Commission shall provide to the General Assembly its recommendations in the form of legislation. The Legislative Reference Bureau shall provide drafting assistance to the Commission.

Section 30. Repeal. This Act is repealed on February 15, 2016.

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