Illinois General Assembly - Full Text of HB1566
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Full Text of HB1566  99th General Assembly




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1    AN ACT concerning criminal law.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 1. Short title. This Act may be cited as the Mental
5Health Prison Diversion Commission Act.
6    Section 5. Findings and purpose.
7    (a) The General Assembly recognizes that the State of
8Illinois experiences overcrowding in prison and jail
9populations and a continued high rate of recidivism of
10approximately 50%.
11    (b) The State of Illinois currently spends $1.3 billion per
12year on imprisonment of adults.
13    (c) Nationally, 50% of incarcerated persons have mental
14health problems, 60% have substance use disorders (SUDs) and
1533% have both. Many of these incarcerated persons are
16non-violent offenders whose crimes are directly related to
17their untreated or inadequately treated mental health
18problems, SUDs, or both. Many of these incarcerated persons
19have a high rate of recidivism directly related to their
20untreated or inadequately treated mental health problems,
21SUDs, or both.
22    (d) It is the intent of the General Assembly to create a
23Commission to recommend legislation that would establish a



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1diversion action plan to improve efforts to divert persons with
2mental illness, intellectual disabilities, and developmental
3disabilities to appropriate treatment as an alternative to
5    Section 10. Mental Health Prison Diversion Commission.
6    (a) There is created the Mental Health Prison Diversion
7Commission. The Commission shall have 11 voting members
8appointed as follows:
9        (1) 3 members of the General Assembly appointed by the
10    President of the Senate, one of whom the President of the
11    Senate shall designate as co-chairperson;
12        (2) 3 members of the General Assembly appointed by the
13    Speaker of the House, one of whom the Speaker of the House
14    shall designate as co-chairperson;
15        (3) one member of the General Assembly appointed by the
16    Minority Leader of the Senate;
17        (4) one member of the General Assembly appointed by the
18    Minority Leader of the House of Representatives;
19        (5) the Secretary of Human Services or his or her
20    designee;
21        (6) the Director of Corrections or his or her designee;
22    and
23        (7) a designee of the Office of the Governor.
24    (b) The co-chairpersons may appoint such other individuals
25as they may deem helpful as non-voting members of the



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2    (c) A vacancy on the Commission shall be filled in the same
3manner as the original appointment.
4    (d) The Department of Human Services shall provide
5administrative support, together with meeting space, to assist
6the Commission in fulfilling its mission.
7    (e) All appointments required by this Section shall be made
8within 60 days of the effective date of this Act.
9    Section 15. Meetings.
10    (a) The Commission shall conduct meetings, conference
11calls, or both, as the co-chairpersons shall direct.
12    (b) The Commission shall select from among its members a
14    (c) A majority of the members of the Commission serving
15constitutes a quorum for the transaction of the Commission's
16business. The Commission shall act by a majority vote of its
17serving members.
18    (d) The Commission shall meet at the call of the
19Co-Chairpersons and as may be provided in rules adopted by the
21    Section 20. Activities and purpose.
22    (a) The Commission shall gather information, review
23studies, and identify areas of best practice with respect to
24how the criminal justice system should handle persons with



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1mental illness or intellectual and developmental disabilities
2who have committed a crime, and take other steps necessary to
3make written findings and recommendations as required in
4Section 25 of this Act.
5    (b) In carrying out its function, the Commission, may, as
6appropriate, make inquiries, studies, investigations, hold
7hearings, and receive comments from the public. The Commission
8may consult with outside experts in order to perform its
9duties, including, but not limited to, experts in the private
10sector, organized labor, government agencies, and at
11institutions of higher education.
12    (c) Members of the Commission shall serve without
13compensation but may, subject to appropriation, receive
14reimbursement for necessary travel and expenses.
15    Section 25. Report; legislation.
16    (a) The Commission shall make its report to the General
17Assembly on or before February 1, 2016. The report of the
18Commission shall detail those findings and recommendations
19supported by a majority of the voting members.
20    (b) The findings and recommendations shall include, but are
21not limited to:
22        (1) a diversion action plan to improve efforts to
23    divert persons with mental illness or intellectual or
24    developmental disabilities (including comorbid substance
25    abuse disorders) to appropriate treatment as an



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1    alternative to incarceration;
2        (2) areas of best practice in this State and other
3    states to expand the use of effective pre-booking and
4    post-booking options for those with mental illness or
5    intellectual and developmental disabilities; and
6        (3) a performance monitoring process to include
7    baseline and post-implementation data for prevalence of
8    persons with mental illness or intellectual or
9    developmental disabilities in the State's criminal justice
10    system, outcomes, and return on investment.
11    (c) In addition to the report, the Commission shall provide
12to the General Assembly its recommendations in the form of
13legislation. The Legislative Reference Bureau shall provide
14drafting assistance to the Commission.
15    Section 30. Repeal. This Act is repealed on February 15,
17    Section 99. Effective date. This Act takes effect upon
18becoming law.