HJ0053 99TH GENERAL ASSEMBLY

HJ0053 LRB099 11318 RLC 31948 r

HOUSE JOINT RESOLUTION

WHEREAS, The General Assembly recognizes that the State of Illinois experiences overcrowding in prison and jail populations and a continued high rate of recidivism of approximately 50%; and

WHEREAS, The State of Illinois currently spends $1.3 billion per year on imprisonment of adults; and

WHEREAS, Nationally, 50% of incarcerated persons have mental health problems, 60% have substance use disorders (SUDs) and 33% have both; that many of these incarcerated persons are non-violent offenders whose crimes are directly related to their untreated or inadequately treated mental health problems, SUDs, or both; and that many of these incarcerated persons have a high rate of recidivism directly related to their untreated or inadequately treated mental health problems, SUDs, or both; and

WHEREAS, In 2013, a federal court entered an order facilitating a consent decree addressing issues related to the treatment of prisoners in the Illinois Department of Corrections who suffer from a serious mental illness and require monitoring; and

WHEREAS, It is the intent of the General Assembly to create a Commission to recommend legislation that would establish a diversion action plan to improve efforts to divert persons with mental illness, substance use disorders, and intellectual disabilities to appropriate treatment or a diversion program as an alternative to incarceration; and

WHEREAS, It is the further intent of the General Assembly to reduce the prison population in the Illinois Department of Corrections by at least 25% by December 31, 2020, as a result of the diversion action plan; therefore, be it

RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-NINTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE SENATE CONCURRING HEREIN, that there is created the Behavioral Health Prison Diversion Commission; and be it further

RESOLVED, That the Commission shall have 9 voting members appointed as follows:

(1) 2 members of the General Assembly appointed by the President of the Senate, one of whom the President of the Senate shall designate as co-chairperson;

(2) 2 members of the General Assembly appointed by the Speaker of the House, one of whom the Speaker of the House shall designate as co-chairperson;

(3) one member of the General Assembly appointed by the Minority Leader of the Senate;

(4) one member of the General Assembly appointed by the Minority Leader of the House of Representatives;

(5) the Secretary of Human Services or his or her designee;

(6) the Director of Corrections or his or her designee; and

(7) a designee of the Office of the Governor; and be it further

RESOLVED, That the co-chairpersons may appoint such other individuals as they may deem helpful as non-voting members of the Commission; that a vacancy on the Commission shall be filled in the same manner as the original appointment; that the Department of Human Services shall provide administrative support, together with meeting space, to assist the Commission in fulfilling its mission; and that all appointments required by this Resolution shall be made within 60 days of the adoption of this Resolution; and be it further

RESOLVED, That the Commission shall conduct meetings, conference calls, or both, as the co-chairpersons shall direct; that the Commission shall select from among its members a Secretary; that a majority of the members of the Commission serving constitutes a quorum for the transaction of the Commission's business; that the Commission shall act by a majority vote of its serving members; and that the Commission shall meet at the call of the Co-Chairpersons and as may be provided in rules adopted by the Commission; and be it further

RESOLVED, That the Commission shall gather information, review studies, and identify areas of best practice with respect to how the criminal justice system should handle persons with behavioral health disorders including mental illness, substance use disorders, and intellectual disabilities who have committed a crime, and take other steps necessary to make written findings and recommendations as required in this Resolution; and be it further

RESOLVED, That in carrying out its function, the Commission, may, as appropriate, make inquiries, studies, investigations, hold hearings, and receive comments from the public; that the Commission may consult with outside experts in order to perform its duties, including, but not limited to, experts in the private sector, experts in forensic psychiatry, organized labor, government agencies, and at institutions of higher education; and that members of the Commission shall serve without compensation but may, subject to appropriation, receive reimbursement for necessary travel and expenses; and be it further

RESOLVED, That the Commission shall make its report to the General Assembly on or before February 1, 2016; and that the report of the Commission shall detail those findings and recommendations supported by a majority of the voting members; and that the findings and recommendations shall include, but are not limited to:

(1) a diversion action plan to improve efforts to divert persons with behavioral health disorders including mental illness, substance use disorders, and intellectual disabilities to appropriate treatment or diversion program as an alternative to incarceration;

(2) areas of best practice in this State and other states to expand the use of effective pre-booking and post-booking options for those with behavioral health disorders; and

(3) a performance monitoring process to include baseline and post-implementation data for prevalence of persons with behavioral health disorders and intellectual disabilities in the State's criminal justice system, outcomes, and return on investment; and be it further

RESOLVED, That in addition to the report, the Commission shall provide to the General Assembly its recommendations in the form of legislation; and that the Legislative Reference Bureau shall provide drafting assistance to the Commission; and be it further

RESOLVED, That the Commission shall dissolve on February 15, 2016.