Bill Text: IL HB1566 | 2015-2016 | 99th General Assembly | Engrossed

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Bill Title: Creates the Mental Health Prison Diversion Commission Act. Creates the Mental Health Prison Diversion Commission. Provides 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 mental illness or intellectual and developmental disabilities who have committed a crime, and take other steps necessary to make written findings and recommendations to the General Assembly on or before February 1, 2016. Provides that in carrying out its function, the Commission, may, as appropriate, make inquiries, studies, investigations, hold hearings, and receive comments from the public. Provides that the Commission may consult with outside experts in order to perform its duties, including, but not limited to, experts in the private sector, organized labor, government agencies, and at institutions of higher education. Provides that members of the Commission shall serve without compensation but may, subject to appropriation, receive reimbursement for necessary travel and expenses. Provides that in addition to the report, the Commission shall provide to the General Assembly its recommendations in the form of legislation. Provides that the Legislative Reference Bureau shall provide drafting assistance to the Commission. Provides that the Act is repealed on February 15, 2016. Effective immediately.

Spectrum: Moderate Partisan Bill (Democrat 15-2)

Status: (Engrossed - Dead) 2015-10-10 - Pursuant to Senate Rule 3-9(b) / Referred to Assignments [HB1566 Detail]

Download: Illinois-2015-HB1566-Engrossed.html

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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 Mental
Health Prison Diversion Commission Act.
Section 5. Findings and purpose.
(a) 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%.
(b) The State of Illinois currently spends $1.3 billion per
year on imprisonment of adults.
(c) Nationally, 50% of incarcerated persons have mental
health problems, 60% have substance use disorders (SUDs) and
33% have both. 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. 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.
(d) It is the intent of the General Assembly to create a
Commission to recommend legislation that would establish a

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diversion action plan to improve efforts to divert persons with
mental illness, intellectual disabilities, and developmental
disabilities to appropriate treatment as an alternative to
incarceration.
Section 10. Mental Health Prison Diversion Commission.
(a) There is created the Mental Health Prison Diversion
Commission. The Commission shall have 11 voting members
appointed as follows:
(1) 3 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) 3 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.
(b) The co-chairpersons may appoint such other individuals
as they may deem helpful as non-voting members of the

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Commission.
(c) A vacancy on the Commission shall be filled in the same
manner as the original appointment.
(d) The Department of Human Services shall provide
administrative support, together with meeting space, to assist
the Commission in fulfilling its mission.
(e) All appointments required by this Section shall be made
within 60 days of the effective date of this Act.
Section 15. Meetings.
(a) The Commission shall conduct meetings, conference
calls, or both, as the co-chairpersons shall direct.
(b) The Commission shall select from among its members a
Secretary.
(c) A majority of the members of the Commission serving
constitutes a quorum for the transaction of the Commission's
business. The Commission shall act by a majority vote of its
serving members.
(d) The Commission shall meet at the call of the
Co-Chairpersons and as may be provided in rules adopted by the
Commission.
Section 20. Activities and purpose.
(a) 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

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

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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 mental illness or
intellectual and developmental disabilities; and
(3) a performance monitoring process to include
baseline and post-implementation data for prevalence of
persons with mental illness or intellectual or
developmental disabilities in the State's criminal justice
system, outcomes, and return on investment.
(c) In addition to the report, the Commission shall provide
to the General Assembly its recommendations in the form of
legislation. The Legislative Reference Bureau shall provide
drafting assistance to the Commission.
Section 30. Repeal. This Act is repealed on February 15,
2016.
Section 99. Effective date. This Act takes effect upon
becoming law.