Illinois General Assembly - Full Text of HB2649
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Full Text of HB2649  101st General Assembly


Rep. Delia C. Ramirez

Filed: 4/2/2019





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2    AMENDMENT NO. ______. Amend House Bill 2649 by replacing
3everything after the enacting clause with the following:
4    "Section 1. Short title. This Act may be cited as the Bill
5of Rights for Children of Incarcerated Parents Act.
6    Section 3. Purpose. The purpose of this Act is to ensure
7the fair and compassionate treatment for children of
8incarcerated parents by affording certain basic rights and
9considerations to these children. This Act does not create any
10new individual right of action.
11    Section 5. Legislative findings. Based upon a study by
12Lurie Children's Hospital's researchers, a report by the Annie
13E. Casey Foundation titled "A Shared Sentence", the work of the
14San Francisco Children of Incarcerated Parents Partnership,
15and the findings of the Women's Justice Institute's Gender



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1Informed Practice Assessment, the General Assembly finds the
3    (1) Seven million, or one in 10 of the nation's children,
4have a parent under criminal justice supervision, in jail or
5prison, on probation, or on parole.
6    (2) From 2011 to 2012, there were approximately 186,000
7children in Illinois who had experienced parental
9    (3) Approximately 6% of children in Illinois have
10experienced parental incarceration.
11    (4) In a snapshot of mothers incarcerated at Logan
12Correctional Center in 2015, they reported having 3,700
14    (5) Children with incarcerated parents have a daunting
15array of needs. They need a safe place to live and people to
16care for them in their parents' absence, as well as everything
17else a parent might be expected to provide: food, clothing, and
18medical care.
19    (6) Parental incarceration is classified as an Adverse
20Childhood Experience. Multiple peer-reviewed studies connect
21Adverse Childhood Experiences, a set of specific traumatic
22events that occur during childhood, to poor mental and physical
23health outcomes such as chronic diseases, certain cancers,
24sexually transmitted infections, depression, and other mental
25health conditions.
26    (7) Young adults who have experienced parental



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1incarceration are more likely to skip medical care, misuse or
2abuse prescription drugs, and were more likely to use the
3emergency room for medical needs.
4    (8) The trauma of being separated from a parent, along with
5a lack of sympathy or support from others, can increase
6children's mental health issues, such as depression and
7anxiety, and hamper educational achievement. Children of
8incarcerated mothers in particular, are at greater risk of
9dropping out of school. Research shows preserving a child's
10relationship with a parent during incarceration benefits both
11parties. It also benefits society, reducing children's mental
12health issues and anxiety, while lowering recidivism and
13facilitating parents' successful return to their communities.
14    (9) Institutions that touch on the lives of children of the
15incarcerated tend to operate in isolation. The Bill of Rights
16for Children of Incarcerated Parents offers a strong set of
17principles and recommendations for putting children at the
18forefront before, during, and after incarceration.
19    Section 30. The Code of Criminal Procedure of 1963 is
20amended by adding Article 106F as follows:
21    (725 ILCS 5/Art. 106F heading new)




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1    (725 ILCS 5/106F-5 new)
2    Sec. 106F-5. Policies and procedures. The Department of
3Corrections, county sheriff, or county correctional department
4shall develop and implement policies and practices that adhere
5to the guiding principles in Section 106F-10 for decisions that
6impact incarcerated individuals with children.
7    (725 ILCS 5/106F-10 new)
8    Sec. 106F-10. Bill of rights for children of incarcerated
9parents. It is the policy of this State that every child with a
10detained or incarcerated parent be treated with respect, care,
11and compassion. The following guiding principles shall set the
12framework for the review and development of policies and
13procedures by corrections and law enforcement agencies that
14interact with children whose parents are detained or
16    (1) Children should be protected from additional trauma at
17the time of parental arrest.
18    (2) Children should be heard, respected, and considered by
19decision makers when decisions are made about them.
20    (3) Children should be considered when decisions are made
21about their parent.
22    (4) Children should be cared for and provided access to
23support in the absence of their parent in a way that
24prioritizes their physical, mental, and emotional needs.
25    (5) Children should be able to speak with, see, and touch



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1their parent who is incarcerated.
2    (6) Children should have access to local services and
3programs that can provide support to them as they deal with
4their parent's incarceration.
5    (7) Children should not be judged, labeled, or blamed for
6the parent's incarceration.
7    (8) Children should be able to have a lifelong relationship
8with their parents.
9    (725 ILCS 5/106F-15 new)
10    Sec. 106F-15. Task Force on Children of Incarcerated
12    (a) The Task Force on Children of Incarcerated Parents is
13created. The purpose of this Task Force is to review best
14practices, available research, and current policies on the
15impact of parental incarceration on children. The Task Force
16shall develop and propose policies and procedures that align
17with the guiding principles contained in Section 106F-10, when
18possible. Policies and procedures shall incorporate the
19emotional, mental, and physical well-being of the children,
20officers and other staff, and any other relevant parties. A
21policy or procedure adhering to the guiding principles of
22Section 106F-10 shall not supersede a decision by a court
23having jurisdiction over the best interest of the child. The
24Task Force shall consist of the following members, appointed by
25the Lieutenant Governor unless otherwise indicated:



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1        (1) 2 members from an organization that advocates for
2    adolescents and youth;
3        (2) 2 members who are academics or researchers that
4    have studied issues related to the impact of incarceration
5    on youth;
6        (3) 2 members who are adult children who have
7    experienced parental incarceration;
8        (4) 2 members who are formerly incarcerated parents;
9        (5) one member from an organization that facilitates
10    visitation between incarcerated parents and children;
11        (6) the Secretary of Human Services, or his or her
12    designee;
13        (7) the Director of Children and Family Services, or
14    his or her designee;
15        (8) the Cook County Public Guardian, or his or her
16    designee;
17        (9) the Director of Juvenile Justice, or his or her
18    designee;
19        (10) the Director of Corrections, or his or her
20    designee;
21        (11) one member representing the Illinois Sheriffs
22    Association;
23        (12) the Cook County Sheriff, or his or her designee;
24        (13) the Director of State Police, or his or her
25    designee;
26        (14) one member representing the Chicago Police



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1    Department;
2        (15) the Director of the Illinois Law Enforcement
3    Training Standards Board, or his or her designee;
4        (16) the Attorney General, or his or her designee;
5        (17) one member who represents the court system;
6        (18) one member, appointed by the Speaker of the House
7    of Representatives;
8        (19) one member, appointed by the Minority Leader of
9    the House of Representatives;
10        (20) one member, appointed by the President of the
11    Senate;
12        (21) one member, appointed by the Minority Leader of
13    the Senate;
14        (22) one member, appointed by the Governor's Office who
15    represents an organization with expertise in gender
16    responsive practices and assessing the impact of
17    incarceration on women, who are disproportionately
18    custodial parents of young children.
19    (b) The Task Force shall elect a chairperson from among its
20membership and any other officer it deems appropriate. The
21Office of the Lieutenant Governor shall provide administrative
22and technical support to the Task Force and shall be
23responsible for administering its operations and ensuring that
24the requirements of the Task Force are met.
25    (d) The members of the Task Force shall serve without



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1    (e) This Section is repealed on January 1, 2022.
2    (725 ILCS 5/106F-20 new)
3    Sec. 106F-20. Task Force; meetings; duties.
4    (a) The Task Force on Children of Incarcerated Parents
5shall meet at least once per quarter beginning as soon as
6practicable after the effective date of this amendatory Act of
7the 101st General Assembly.
8    (b) The Task Force shall review available research, best
9practices, and effective interventions to formulate
10recommendations in accordance with the guiding principles
11addressed in Section 106F-10 and specifically address the
12reduction of harm to children upon arrest, the ability to visit
13parents in jails and prisons, and access to supports during
14parental detention and incarceration.
15    (c) The Task Force shall produce a report detailing the
16Task Force's findings and recommendations and the progress of
17implementation. The Task Force shall submit a report of its
18findings and recommendations to the General Assembly and the
19Governor by December 1, 2020 and a report on the progress of
20implementation on December 1, 2021.
21    (d) This Section is repealed on January 1, 2022.
22    Section 99. Effective date. This Act takes effect upon
23becoming law.".