HB0044 104TH GENERAL ASSEMBLY

LRB104 03575 RLC 13599 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB0044

Introduced 1/9/2025, by Rep. Rita Mayfield

SYNOPSIS AS INTRODUCED:

New Act

Creates the Community-Based Corrections Act. Provides that the Department of Corrections shall establish a program that funds community-based nonprofit providers to serve emerging adults as an alternative to traditional incarceration. Provides that community-based providers shall offer housing, workforce training, mental health counseling, and restorative justice programming in alignment with State guidelines. Provides that the program shall be subject to judicial discretion, allowing sentencing judges to assign eligible individuals to community-based settings instead of Department of Corrections facilities. Provides that all community-based providers must have a written agreement with a restorative justice court for all emerging adults within their care to participate in the restorative justice court programs. Provides that community-based providers shall be compensated at a rate equivalent to the monthly per-inmate cost of incarceration as determined by the Department in its Fiscal Impact Statement. Community-based providers shall be paid on a monthly basis for the number of individuals within their care. Provides that the Department of Corrections shall allocate existing budget authority for contractual services to fund the program created by the Act. Provides that the Department of Human Services shall establish operational standards, including housing conditions, workforce training quality, and mental health support services, to ensure program efficacy. Provides that the Department of Human Services shall monitor and evaluate providers to maintain compliance with State and judicial requirements. Provides that community-based providers shall submit annual reports to the Department of Corrections and the Department of Human Services detailing participant outcomes, including recidivism rates, employment statistics, and community reintegration success. Provides that the Department of Corrections shall report program performance to the General Assembly annually, including cost savings from reduced incarceration based on emerging adults participating with community-based providers for fewer years than they would serve in a Department of Corrections facility. Effective immediately.

A BILL FOR

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 Community-Based Corrections Act.

Section 5. Purpose. The purpose of this Act is to create a transformative post-conviction model that reduces reliance on traditional incarceration for emerging adults by fostering partnerships between the Department of Corrections, the Department of Human Services, and nonprofit, community-based providers to implement restorative justice, workforce training, and mental health support.

Section 10. Definitions. In this Act:

"Community-based provider" means a nonprofit organization that provides residential and rehabilitative services to emerging adults.

"Emerging adult" means an individual who is at least 18 years of age but under 26 years of age who has been convicted of a crime that is eligible for confinement in a penal institution.

"Penal institution" has the meaning ascribed to the term in Section 2-14 of the Criminal Code of 2012.

"Restorative justice court" means a judicial body facilitating community-based resolutions to address harm caused by offenders and promote rehabilitation.

Section 15. Establishment of community-based corrections.

(a) The Department of Corrections shall establish a program that funds community-based nonprofit providers to serve emerging adults as an alternative to traditional incarceration.

(b) Community-based providers shall offer housing, workforce training, mental health counseling, and restorative justice programming in alignment with State guidelines.

(c) The program shall be subject to judicial discretion, allowing sentencing judges to assign eligible individuals to community-based settings instead of Department of Corrections facilities. All community-based providers must have a written agreement with a restorative justice court for all emerging adults within their care to participate in the restorative justice court programs.

(d) The Department of Human Services shall approve community-based providers as eligible to participate in the program, based on their ability to deliver high-quality programming consistent with Department of Human Services mandates.

Section 20. Funding and payment structure.

(a) Community-based providers shall be compensated at a rate equivalent to the monthly per-inmate cost of incarceration as determined by the Department of Corrections in its Fiscal Impact Statement. Community-based providers shall be paid on a monthly basis for the number of individuals within their care.

(b) The Department of Corrections shall allocate existing budget authority for contractual services to fund the program created by this Act.

Section 25. Standards and oversight.

(a) The Department of Human Services shall establish operational standards, including housing conditions, workforce training quality, and mental health support services, to ensure program efficacy.

(b) The Department of Human Services shall monitor and evaluate providers to maintain compliance with State and judicial requirements.

Section 30. Reporting and accountability.

(a) Community-based providers shall submit annual reports to the Department of Corrections and the Department of Human Services detailing participant outcomes, including recidivism rates, employment statistics, and community reintegration success.

(b) The Department of Corrections shall report program performance to the General Assembly annually, including cost savings from reduced incarceration based on emerging adults participating with community-based providers for fewer years than they would serve in a Department of Corrections facility.

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