Illinois General Assembly - Full Text of HB2649
Illinois General Assembly

Previous General Assemblies

Full Text of HB2649  101st General Assembly


Rep. Delia C. Ramirez

Filed: 4/9/2019





10100HB2649ham003LRB101 10393 SLF 59581 a


2    AMENDMENT NO. ______. Amend House Bill 2649 by replacing
3everything after the enacting clause with the following:
4    "Section 3. Purpose. The purpose of this Act is to ensure
5the fair and compassionate treatment for children of
6incarcerated parents. This Act does not create any new
7individual right of action.
8    Section 5. Legislative findings. Based upon a study by
9Lurie Children's Hospital's researchers, a report by the Annie
10E. Casey Foundation titled "A Shared Sentence", the work of the
11San Francisco Children of Incarcerated Parents Partnership,
12and the findings of the Women's Justice Institute's Gender
13Informed Practice Assessment, the General Assembly finds the
15    (1) Seven million, or one in 10 of the nation's children,
16have a parent under criminal justice supervision, in jail or



10100HB2649ham003- 2 -LRB101 10393 SLF 59581 a

1prison, on probation, or on parole.
2    (2) From 2011 to 2012, there were approximately 186,000
3children in Illinois who had experienced parental
5    (3) Approximately 6% of children in Illinois have
6experienced parental incarceration.
7    (4) In a snapshot of mothers incarcerated at Logan
8Correctional Center in 2015, they reported having 3,700
10    (5) Children with incarcerated parents have a daunting
11array of needs. They need a safe place to live and people to
12care for them in their parents' absence, as well as everything
13else a parent might be expected to provide: food, clothing, and
14medical care.
15    (6) Parental incarceration is classified as an Adverse
16Childhood Experience. Multiple peer-reviewed studies connect
17Adverse Childhood Experiences, a set of specific traumatic
18events that occur during childhood, to poor mental and physical
19health outcomes such as chronic diseases, certain cancers,
20sexually transmitted infections, depression, and other mental
21health conditions.
22    (7) Young adults who have experienced parental
23incarceration are more likely to skip medical care, misuse or
24abuse prescription drugs, and were more likely to use the
25emergency room for medical needs.
26    (8) The trauma of being separated from a parent, along with



10100HB2649ham003- 3 -LRB101 10393 SLF 59581 a

1a lack of sympathy or support from others, can increase
2children's mental health issues, such as depression and
3anxiety, and hamper educational achievement. Children of
4incarcerated mothers in particular, are at greater risk of
5dropping out of school. Research shows preserving a child's
6relationship with a parent during incarceration benefits both
7parties. It also benefits society, reducing children's mental
8health issues and anxiety, while lowering recidivism and
9facilitating parents' successful return to their communities.
10    Section 30. The Code of Criminal Procedure of 1963 is
11amended by adding Article 106F as follows:
12    (725 ILCS 5/Art. 106F heading new)

14    (725 ILCS 5/106F-10 new)
15    Sec. 106F-10. Task Force; creation. The Task Force on
16Children of Incarcerated Parents is created. The purpose of the
17Children of Incarcerated Parents Task Force is to develop and
18propose policies and procedures that encourage the following
19guiding principles to the extent possible:
20    (1) Children should be protected from additional trauma at
21the time of parental arrest.
22    (2) Children should be heard, respected, and considered by
23decision makers when decisions are made about them.



10100HB2649ham003- 4 -LRB101 10393 SLF 59581 a

1    (3) Children should be considered when decisions are made
2about their parent.
3    (4) Children should be cared for and provided access to
4support in the absence of their parent in a way that
5prioritizes their physical, mental, and emotional needs.
6    (5) Children should be given an opportunity to speak with
7and see the incarcerated parent. The opportunity to touch
8should take into account security concerns.
9    (6) Children should have access to local services and
10programs that can provide support to them as they deal with
11their parent's incarceration.
12    (7) Children should not be judged, labeled, or blamed for
13the parent's incarceration.
14    (8) Children should be able to have a lifelong relationship
15with their parents.
16    (725 ILCS 5/106F-15 new)
17    Sec. 106F-15. Task Force; membership.
18    (a) Policies and procedures of the Task Force on Children
19of Incarcerated Parents shall incorporate the emotional,
20mental, and physical well-being of the children, as well as the
21safety of officers, other staff, and any other relevant
22parties. A policy or procedure adhering to the guiding
23principles of Section 106F-10 shall not supersede a decision by
24a court having jurisdiction over the best interest of the
25child. The Task Force shall consist of the following members,



10100HB2649ham003- 5 -LRB101 10393 SLF 59581 a

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



10100HB2649ham003- 6 -LRB101 10393 SLF 59581 a

1    designee;
2        (14) the Chief of the Chicago Police Department, or his
3    or her designee;
4        (15) the Director of the Illinois Law Enforcement
5    Training Standards Board, or his or her designee;
6        (16) the Attorney General, or his or her designee;
7        (17) one member who represents the court system;
8        (18) one Representative, appointed by the Speaker of
9    the House of Representatives;
10        (19) one Representative, appointed by the Minority
11    Leader of the House of Representatives;
12        (20) one Senator, appointed by the President of the
13    Senate;
14        (21) one Senator, appointed by the Minority Leader of
15    the Senate;
16        (22) one member, appointed by the Governor's Office who
17    represents an organization with expertise in gender
18    responsive practices and assessing the impact of
19    incarceration on women, who are disproportionately
20    custodial parents of young children.
21    (b) The Office of the Lieutenant Governor shall provide
22administrative and technical support to the Task Force and
23shall be responsible for administering its operations,
24appointing a chairperson, and ensuring that the requirements of
25the Task Force are met. The Task Force shall have all
26appointments made within 30 days of the effective date of this



10100HB2649ham003- 7 -LRB101 10393 SLF 59581 a

1amendatory Act of the 101st General Assembly.
2    (d) The members of the Task Force shall serve without
4    (e) This Section is repealed on January 1, 2020.
5    (725 ILCS 5/106F-20 new)
6    Sec. 106F-20. Task Force; meetings; duties.
7    (a) The Task Force on Children of Incarcerated Parents
8shall meet at least 4 times beginning within 30 days after the
9effective date of this amendatory Act of the 101st General
10Assembly. The first meeting shall be held no later than August
111, 2019.
12    (b) The Task Force shall review available research, best
13practices, and effective interventions to formulate
15    (c) The Task Force shall produce a report detailing the
16Task Force's findings and recommendations and needed
17resources. The Task Force shall submit a report of its findings
18and recommendations to the General Assembly and the Governor by
19December 31, 2019.
20    (d) This Section is repealed on January 1, 2020.
21    Section 99. Effective date. This Act takes effect upon
22becoming law.".