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Full Text of HB3043
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HB3043 - 104th General Assembly
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB3043
Introduced 2/6/2025, by Rep. Maurice A. West, II
SYNOPSIS AS INTRODUCED:
New Act
Creates the Criminal Justice Special Advocates Program for People
with Disabilities Act. Provides that subject to appropriation for this
purpose, the Department of Human Services shall establish a 3-year,
5-county pilot program to provide a minimum of one criminal justice
special advocate in each selected county to serve the advocacy and support
needs of an individual with an intellectual disability or a developmental
disability involved in the criminal justice system of the county. Contains
provisions concerning the selection of counties; the qualifications and
duties of criminal justice special advocates; and Department evaluation
and reporting requirements.
LRB104 09632 KTG 19697 b
A BILL FOR
HB3043
LRB104 09632 KTG 19697 b
1
AN ACT concerning criminal justice.
2
Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:
4
Section 1.
Short title.
This Act may be cited as the
5
Criminal Justice Special Advocates Program for People with
6
Disabilities Act.
7
Section 5.
Legislative findings and purpose.
8
(a) The General Assembly finds that people with an
9
intellectual disability or a developmental disability involved
10
in the criminal justice system face unique challenges in
11
understanding and navigating all phases of the criminal
12
justice process. The General Assembly further finds that it is
13
essential that the State of Illinois commence and evaluate a
14
pilot program in which special advocates in selected counties
15
assist people with intellectual disabilities or developmental
16
disabilities while they are involved in the criminal justice
17
system through advocacy, education, supports, and referrals to
18
appropriate services.
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This pilot program is being established as a direct result
20
of recommendations made by the Protection of Individuals with
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Disabilities in the Criminal Justice System Task Force
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convened by the Illinois Guardianship and Advocacy Commission.
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The report of the Task Force issued in September 2021
HB3043
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LRB104 09632 KTG 19697 b
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emphasized the need for specialized advocacy services for
2
individuals with disabilities who are involved in the criminal
3
justice system.
4
(b) The purpose of this Act is to create and evaluate a
5
5-county pilot program that provides criminal justice advocacy
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services and supports to people with an intellectual
7
disability or a developmental disability who are involved in
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the criminal justice system in a participating county. The
9
advocates will assist people with an intellectual disability
10
or a developmental disability and their guardians, families,
11
caregivers, and supported decision-makers to better understand
12
each phase of the criminal justice process, ensure that their
13
disabilities are understood by officials involved in each
14
phase of the process, and ensure that medication is provided
15
as prescribed and other unique health needs are met for the
16
individual throughout their involvement in the criminal
17
justice process.
18
Section 10.
Definitions.
As used in this Act:
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"Criminal justice special advocate" means a non-attorney
20
who is trained to provide support and advocacy services to
21
people with an intellectual disability or a developmental
22
disability who is involved in the criminal justice system in a
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pilot county.
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"Department" means the Department of Human Services.
25
"Developmental disability" has the same meaning ascribed
HB3043
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LRB104 09632 KTG 19697 b
1
to it in Section 1-106 of the Mental Health and Developmental
2
Disabilities Code.
3
"Intellectual disability" has the same meaning ascribed to
4
it in Section 1-116 of the Mental Health and Developmental
5
Disabilities Code.
6
Section 15.
Pilot program.
Subject to appropriation for
7
this purpose, the Department of Human Services shall establish
8
a 3-year, 5-county pilot program to provide a minimum of one
9
criminal justice special advocate in each selected county to
10
serve the advocacy and support needs of an individual with an
11
intellectual disability or a developmental disability involved
12
in the criminal justice system of the county. Funding shall
13
cover the reasonable costs of the pilot county for the
14
criminal justice special advocate's salary, benefits,
15
training, supervision, equipment and supplies, as approved by
16
the Department.
17
Section 20.
Selection of counties.
The Department shall
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select 5 counties to participate in the 3-year pilot program
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based on an application process established by the Department.
20
Criteria for evaluating applications and the selection of
21
counties shall be established by the Department. The counties
22
selected must be geographically diverse and demonstrate the
23
need for a Criminal Justice Special Advocate program. Counties
24
shall indicate on their applications where the criminal
HB3043
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LRB104 09632 KTG 19697 b
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justice special advocate's office will be located and identify
2
the official or officer who will be providing supervision.
3
Section 25.
Criminal justice special advocates.
4
(a) Criminal justice special advocates shall be employed
5
by the participating county and shall be independent of any
6
county official or officer who is directly involved in the
7
criminal justice system in the county.
8
(b) Criminal justice special advocates must be
9
non-attorneys with some experience and training working with
10
people with intellectual disabilities or developmental
11
disabilities, preferably with a background in social work,
12
counseling, or a related field.
13
(c) The primary duties of the criminal justice special
14
advocate shall include, but are not limited to:
15
(1) Assisting people with an intellectual disability
16
or a developmental disability and their guardians, family
17
members, caregivers, and supported decision-makers in
18
understanding the legal process and their rights within
19
the criminal justice system.
20
(2) Advocating for accommodations and necessary
21
services to ensure that people with an intellectual
22
disability or a developmental disability can effectively
23
participate in their defense and the overall legal
24
process.
25
(3) Coordinating with prosecutors, defense attorneys,
HB3043
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LRB104 09632 KTG 19697 b
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law enforcement, courts, and service providers to ensure
2
their understanding of the person's disability and
3
facilitate access to appropriate services.
4
(4) Providing referrals to mental health, disability
5
services, and other community resources.
6
(5) Offering support during court proceedings,
7
interviews, and other phases of the criminal justice
8
process.
9
Section 30.
Evaluation and reporting.
The Department shall
10
evaluate the effectiveness of the pilot program by collecting
11
annual data as requested by the Department from each
12
participating county beginning in 2027 on a date established
13
by the Department. The Department shall report to the General
14
Assembly and the Governor after the second full year of the
15
pilot program has been completed with a recommendation for
16
continuation, expansion, or non-continuation of the program
17
and detailed reasons for its recommendations.
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