Public Act 099-0894
 
SB0320 EnrolledLRB099 02942 JLK 22950 b


  
    AN ACT concerning government.
  
 
    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 Opportunities for Youth  Diversion Task Force Act.
 
    Section 5. Findings. The General Assembly finds that:
    (1)
an estimated 70% of youth who are arrested in the 
United States have a mental health disorder;
    (2)  in many cases, this may contribute to the cause of 
their arrest or may remain undiagnosed as they progress through 
the juvenile justice system;
    (3)  in Cook County, at least one study found that 60% of 
boys and 66% of girls detained in the Juvenile Temporary 
Detention Center met the diagnostic criteria for one or more 
psychiatric disorders;
    (4)

an appropriate system of care would be one in which 
youth with identified mental health needs receive care through 
the health care system in the community rather than in the 
juvenile justice system;
    (5)  while some youth are diverted to hospitals while they 
are in mental health crisis, often these youth do not require 
hospitalization but are funneled through these hospitals 
unnecessarily because of the lack of less intensive options 
available to receive intermediate care;
    (6)

youth in these situations often need a quick assessment 
and intermediate care, such as crisis intervention, 
counseling, or case management;
    (7)   in contrast, a hospital assessment and a referral for 
later community treatment are unnecessarily costly and 
specialized;
    (8) youth with undiagnosed mental health issues may be 
arrested and processed through the juvenile justice system and 
only receive treatment once they are deep in the juvenile 
justice system;
    (9)

opportunities exist in several areas to eliminate 
barriers to community-based treatment for youth and increase 
diversion programming that allows youth to receive treatment 
and avoid further involvement with law enforcement or the 
juvenile justice system; and
    (10) establishing a Mental Health Opportunities for Youth 
Diversion Task Force to review best practices and guarantee 
cross-collaboration among government entities and community 
partners is essential to eliminating these barriers and 
ensuring that youth in this State with mental health needs do 
not end up unnecessarily tangled in the juvenile justice 
system.


 
    Section 10. Mental Health Opportunities for Youth 
Diversion Task Force. 
    (a) There is created the Mental Health Opportunities for 
Youth Diversion Task Force within the Department of Human 
Services. The Task Force shall be composed of no more than 21 
voting members including:
        (1) Two members of the House of Representatives, one 
    appointed by the Speaker of the
House of Representatives 
    and one appointed by the Minority Leader of the House of 
    Representatives.
        (2) Two members of the Senate, one appointed by the 
    President of the Senate  and one appointed by the Minority 
    Leader of the Senate.
        (3) One representative of the Office of the Governor 
    appointed by the Governor.
        (4) Twelve members of the public:
            (A) one representative from a health and hospital 
        system, appointed by the Speaker of the
House of 
        Representatives;
            (B)  one representative from a community-based 
        mental health provider that serve youth, appointed by 
        the President of the Senate;
            (C) one representative from a statewide youth 
        juvenile justice advocacy organization, appointed by 
        the Speaker of the House of Representatives;
            (D) one representative of an organization that 
        advocates for families and youth with mental illness, 
        appointed by the President of the Senate;
            (E)  one representative from an organization with 
        expertise in Medicaid, health care, and juvenile 
        justice, appointed by the President of the Senate;
            (F)  one representative from law enforcement, 
        appointed by the Minority Leader of the Senate;
            (G) one representative from law enforcement from 
        the Crises Intervention Team Training Unit, appointed 
        by the Minority Leader of the House of Representatives;
            (H)   one representative from the juvenile division 
        of a State's Attorney's office, appointed by the 
        Minority Leader of the Senate;
            (I) one representative from the juvenile division 
        of a Public Defender's office, appointed by the 
        Minority Leader of the House of Representatives;
            (J)   one representative from a clinical unit of 
        juvenile community corrections, appointed by the 
        Speaker of the House of Representatives;
            (K) one representative from an organization that 
        is a comprehensive community-based youth service 
        provider appointed by the House Minority Leader; and
            (L) one representative from a service provider 
        with the Juvenile Redeploy Illinois Program appointed 
        by the Senate Minority Leader.
        (5) The following 4 officials shall serve as ex-officio 
    members:
            (A)  one representative from the Department of 
        Human Services Mental Health and Juvenile Justice 
        Program, appointed by the Secretary of Human Services;
            (B) one representative from the Department of 
        Human Services Comprehensive Community-Based Youth 
        Services Program, appointed by the Secretary of Human 
        Services;
            (C) the Director of Healthcare and Family 
        Services, or his or her designee; and
            (D) one representative from the Administrative 
        Office of the Illinois Courts, appointed by the 
        Director of the Administrative Office of the Illinois 
        Courts.
    (b)

Members shall serve without compensation and are 
responsible for the cost of all reasonable and necessary travel 
expenses connected to Task Force business.  The Task Force 
members shall not be reimbursed by the State for these costs.


Task Force members shall be appointed within 60 days after the 
effective date of this Act. The Task Force shall hold its 
initial meetings within 60 days after at least 50% of the 
members have been appointed.

The representatives of the 
organization that advocates for families and youth with mental 
illness and one of the representatives from an organization 
with an expertise in Medicaid, health care, and juvenile 
justice shall serve as co-chairs of the Task Force.

At the 
first meeting of the Task Force, the members shall select a 5 
person Steering Committee that includes the co-chairs.

The Task 
Force may establish committees that address specific issues or 
populations and may appoint individuals with relevant 
expertise who are not appointed members of the Task Force to 
serve on committees as needed.
    (c) The Task Force shall:
        (1) develop an action plan for State and local law 
    enforcement and other agencies to divert youth in contact 
    with law enforcement agencies that require mental health 
    treatment into the appropriate health care setting rather 
    than initial or further involvement in the juvenile justice 
    system;
        (2) review existing evidence based models and best 
    practices around diversion opportunities for youth with 
    mental health needs from the point of police contact and 
    initial contact with the juvenile justice system;
        (3) identify existing diversion programs across this 
    State and highlight implemented programs demonstrating 
    positive evidence based outcomes;
        (4) identify all funding sources which can be used 
    towards improving diversion outcomes for youth with mental 
    health needs, including funds controlled by the State, 
    funds controlled by counties, and funding within the health 
    care system;
        (5) identify barriers to the implementation of 
    evidence based diversion models and develop sustainable 
    policies and programs to address these barriers;
        (6) recommend an action plan required by paragraph (1) 
    of this subsection (c) that includes pilot programs and 
    policy changes based on the research required by paragraphs 
    (3), (4), and (5) of this subsection (c)  for increasing the 
    number of youth diverted into community-based mental 
    health treatment rather than further engagement with the 
    juvenile justice system; and
        (7) complete and deliver the action plan required by 
    paragraph (1) of this subsection (c) with recommendations 
    to the Governor and General Assembly within one year of the 
    first meeting of the Task Force.
    (d)  Upon the completion and delivery of the action plan to 
the Governor and General Assembly, the Task Force shall be 
dissolved.

 
    Section 15. Repeal. This Act is repealed on December 31, 
2018.