Public Act 0814 102ND GENERAL ASSEMBLY

HB5525 Enrolled LRB102 25311 RLC 34585 b

Public Act 102-0814

AN ACT concerning criminal law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Code of Criminal Procedure of 1963 is amended by adding Article 106G as follows:

(725 ILCS 5/Art. Art. 106G heading new)

ARTICLE 106G. COMMISSION ON CHILDREN OF INCARCERATED PARENTS

(725 ILCS 5/106G-5 new)

Sec. 106G-5. Commission on Children of Incarcerated Parents created.

(a) The Commission on Children of Incarcerated Parents, hereinafter referred to as the Commission, is created within the Department of Human Services and shall reflect the diversity of the State of Illinois, including geographic, racial and ethnic diversity and diversity of life experience. The Commission shall be responsible for implementing and coordinating the recommendations of the Task Force on Children of Incarcerated Parents.

(b) No later than 90 days after the effective date of this amendatory Act of the 102nd General Assembly, the following representatives from relevant stakeholder groups shall be appointed to the Commission by the Lieutenant Governor unless otherwise stated:

(1) one female who has previously been incarcerated and has been directly impacted by policies relating to children of incarcerated parents;

(2) two individuals who have been directly impacted by policies relating to children of incarcerated parents, one of whom is between the ages of 17 and 24 at the time of appointment;

(3) three representatives from community-based providers or community organizations that provide services to address the trauma of incarceration through social services, advocacy, or the provision of legal services;

(4) one individual who has been directly impacted by the Department of Juvenile Justice policies relating to children of incarcerated parents and is between the ages of 17 and 24 at the time of appointment;

(5) the Lieutenant Governor, or his or her designee;

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

(7) the Director of Children and Family Services, or his or her designee;

(8) the Cook County Public Guardian, or his or her designee;

(9) the Director of Juvenile Justice, or his or her designee;

(10) the Director of Corrections, or his or her designee;

(11) the President of the Illinois Sheriffs' Association, or his or her designee;

(12) the Cook County Sheriff, or his or her designee;

(13) the Director of the Illinois State Police, or his or her designee;

(14) the Chief of the Chicago Police Department, or his or her designee;

(15) the Executive Director of the Illinois Law Enforcement Training Standards Board, or his or her designee;

(16) the Attorney General, or his or her designee;

(17) one member who represents the court system;

(18) one member from an organization that facilitates visitation between incarcerated parents and children;

(19) one member who is a researcher or member of an academic profession and has studied issues related to the impact of incarceration on youth;

(20) one member who represents an organization with expertise in gender-responsive practices and assessing the impact of incarceration on women; and

(21) one male who has previously been incarcerated and has been directly impacted by policies relating to children of incarcerated parents.

(c) In this Section, "an individual who has been directly impacted by policies relating to children of incarcerated parents" means a person who has been convicted of, adjudicated, or pled guilty to, one or more felonies, who was sentenced to a term of imprisonment, and who has been separated from his or her children as a result of imprisonment.

(d) Commission members shall serve without compensation. The term of a member of the Commission, other than a member listed under paragraphs (5) through (16) of subsection (b), shall expire 4 years after the date of the member's appointment.

(e) Once all its members have been appointed as provided in this Section, the Commission may exercise any power, perform any function, or take any action in furtherance of its purposes and goals. The Commission shall:

(1) meet at least 4 times per year beginning within 30 days after the appointment of a quorum of its members;

(2) identify resources, strategies, and legislative proposals to support the full administration and implementation of the Task Force on Children of Incarcerated Parents recommendations;

(3) develop a strategic plan that outlines specific goals, information-gathering activities, benchmarks, and timelines toward achieving the purpose of the Commission to fully implement the recommendations of the Task Force on Children of Incarcerated Parents; and

(4) deliver an annual report to the General Assembly and to the Governor to be posted on the websites of the Governor and General Assembly and provide to the public an annual report on its progress. A draft of the report shall be released for public comment, and feedback and shall be solicited from relevant stakeholders, including individuals impacted by parental incarceration, law enforcement, and advocates from local governmental family services agencies and nonprofit service providers.

(f) The General Assembly may appropriate funds to the Department of Human Services for the purpose of funding the work of the Commission or services provided under this Section.

Effective Date: 1/1/2023