HB 5434

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Full Text of HB5434
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	HB5434 - 104th General Assembly
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		HB5434 Engrossed		LRB104 16800 WRO 30209 b
1    AN ACT concerning criminal law.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 1. Short title. This Act may be cited as the
5Emerging Adult Criminal Justice Task Force Act.
6    Section 5. Findings. The General Assembly finds that:
7        (1) Emerging adults are disproportionately involved in
8    the criminal justice system. National data consistently
9    show that individuals in this age group have the highest
10    rates of arrest, jail admissions, prison admissions, and
11    rearrest.
12        (2) Developmental psychology and neuroscience studies
13    have shown that judgment, impulse control, and
14    psychosocial maturity may continue developing into the
15    mid-20s. Emerging adults may differ significantly from
16    older adults in risk assessment, susceptibility to peer
17    influence, emotional regulation, and decision-making under
18    stress.
19        (3) Emerging adults may also face elevated rates of
20    mental health disorders, trauma exposure, substance use
21    disorders, unemployment, and housing instability. These
22    vulnerabilities are closely linked to system involvement.
23        (4) Despite these challenges, emerging adults possess
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1    strong capacity for change. Their brains retain high
2    neuroplasticity, and appropriate interventions during this
3    developmental period produce greater long-term benefits
4    than comparable interventions for older adults.
5        (5) Traditional adult criminal justice responses can
6    be counterproductive for emerging adults. Adult jails and
7    prisons can be associated with higher rates of
8    victimization, self-harm, long-term disability, and
9    recidivism among this population.
10        (6) States and jurisdictions across the U.S. have
11    created special laws or practices for emerging adults,
12    including extended juvenile jurisdiction, youthful
13    offender statutes, specialized probation units, young
14    adult courts, and correctional units tailored to this age
15    group.
16        (7) Illinois has taken several important steps,
17    including youthful offender parole, the First Time Weapon
18    Offender Program, and the Cook County SEED Program, but it
19    has not comprehensively examined the full spectrum of
20    policies affecting emerging adults.
21        (8) After decades of program based intervention
22    alternatives for juveniles, it is appropriate for the task
23    force to evaluate the efficiency of each of these programs
24    to ensure only those that are reducing criminal behavior
25    and providing for public safety and continues while those
26    that are not providing the expected benefits are phased
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1    out.
2        (9) Illinois would benefit from a comprehensive,
3    bipartisan, data-driven review of approaches to emerging
4    adults across the criminal justice system.
5    Section 10. Purpose. The purpose of this Act is to create a
6bipartisan, bicameral Task Force to study and recommend
7strategies for developmentally appropriate, cost-effective,
8and equitable approaches to emerging adults in Illinois that
9provides opportunities for emerging adults to divert from the
10criminal justice system.
11    Section 15. Definitions. In this Act:
12    "Department" means the Department of Corrections.
13    "Emerging adult" means an individual who is 18 to 25 years
14of age.
15    "Task Force" means the Task Force on Emerging Adults in
16the Criminal Justice System established under this Act.
17    Section 20. Establishment of Task Force. The Task Force on
18Emerging Adults in the Criminal Justice System is established
19within the Department and shall be provided staffing,
20research, and administrative support by the Department.
21    Section 25. Membership.
22    (a) The Task Force shall be bipartisan, bicameral, and
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1include representation from stakeholders in the criminal
2justice system, organizations that work extensively with young
3adults, and those with lived experience in the criminal
4justice system as emerging adults.
5    (b) The Task Force shall consist of the following members:
6        (1) two members of the Senate appointed by the
7    President of the Senate, one of whom shall be designated
8    as co-chair of the Task Force;
9        (2) two members of the Senate appointed by the
10    Minority Leader of the Senate;
11        (3) two members of the House appointed by the Speaker
12    of the House, one of whom shall be designated as co-chair
13    of the Task Force;
14        (4) two members of the House appointed by the Minority
15    Leader of the House; and
16        (5) the following members appointed by the Governor:
17            (A) the Director of the Department or the
18        Director's designee;
19            (B) the Director of Juvenile Justice or the
20        Director's designee;
21            (C) the Director of the Administrative Office of
22        the Illinois Courts or the Director's designee;
23            (D) one circuit court judge with criminal or
24        problem-solving court experience;
25            (E) three State's Attorneys representing counties
26        of varying size;
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1            (F) three Public Defenders representing counties
2        of varying size;
3            (G) one representative of a statewide or regional
4        victims' rights organization;
5            (H) two representatives of a municipal police
6        department;
7            (I) two representatives of a sheriff's office that
8        operates a county jail;
9            (J) two representatives of a community-based legal
10        services or holistic defense organization serving
11        emerging adults;
12            (K) one representative of a community-based
13        organization that provides reentry services to
14        returning citizens, including emerging adults;
15            (L) one representative of a community-based
16        organization providing education, workforce
17        development, housing, or behavioral health services to
18        emerging adults;
19            (M) one representative of an employer association,
20        trade group, or major employer who regularly hires and
21        supervises young adults who are ages 18 to 25;
22            (N) one administrator or faculty member from an
23        Illinois community college or public university with
24        expertise in student development or the behavior of
25        emerging adults;
26            (O) one licensed mental health professional or
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1        developmental psychologist with expertise in late
2        adolescence and emerging adulthood;
3            (P) two individuals with lived experience of
4        justice involvement for offenses committed between
5        ages 18 and 25, including at least one formerly
6        incarcerated in an adult facility;
7            (Q) the Director of the Sentencing Policy Advisory
8        Committee;
9            (R) a representative of an association that
10        represents attorneys statewide; and
11            (S) a representative of a philanthropic
12        organization with expertise and experience in funding
13        services and policies for justice-involved emerging
14        adults.
15    (c) Members shall serve without compensation but may be
16reimbursed for reasonable expenses subject to appropriation.
17    (d) Vacancies shall be filled in the manner of original
18appointment.
19    (e) Membership shall reflect, to the extent practicable,
20the demographic and geographic diversity of the State.
21    Section 30. Meetings; quorum; public input. The first
22meeting of the Task Force shall be held within 60 days after
23the appointment of a majority of its members. Meetings of the
24Task Force shall be called by the co-chairs. A majority of the
25members of the Task Force shall constitute a quorum. All
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1meetings of the Task Force shall be subject to the Open
2Meetings Act. At least 3 public hearings of the Task Force
3shall be held in different regions of Illinois.
4    Section 35. Duties. The Task Force shall:
5        (1) review Illinois law and practice affecting
6    emerging adults across pretrial, sentencing, corrections,
7    supervision, and reentry;
8        (2) examine emerging adult models in other states and
9    jurisdictions, including the United Nations Standard
10    Minimum Rules for Non-custodial Measures and the United
11    Nations Standard Minimum Rules for the Administration of
12    Juvenile Justice;
13        (3) integrate and summarize current developmental
14    research on emerging adults;
15        (4) analyze racial, ethnic, gender, and geographic
16    disparities affecting emerging adults;
17        (5) conduct benefit-cost and fiscal analyses of
18    current practices versus developmentally tailored
19    alternatives;
20        (6) engage stakeholders, including crime survivors,
21    law enforcement organizations, employers, higher education
22    institutions, community organizations, and individuals
23    with lived experience with the criminal justice system;
24        (7) develop recommendations for statutory, policy, and
25    programmatic improvements; and
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1        (8) allow any Task Force member to prepare a written
2    dissent or statement of concern regarding any finding or
3    recommendation, which shall be included verbatim in all
4    interim and final reports.
5    Section 40. Reports.
6    (a) No later than January 31, 2027, the Task Force shall
7submit an interim report to the Governor and the General
8Assembly summarizing its preliminary findings, analyses, and
9recommendations. The interim report shall include any written
10dissents or statements of concern submitted by Task Force
11members.
12    (b) No later than December 1, 2027, the Task Force shall
13submit a final report to the Governor and the General
14Assembly, and the Department shall publish the report on its
15website. The final report shall include:
16        (1) all final findings and recommendations;
17        (2) draft statutory language, where appropriate;
18        (3) estimated fiscal impacts and benefit-cost
19    analyses; and
20        (4) all written dissents or statements of concern
21    submitted by any member, which shall be included in full
22    and published in the public version of the report.
23    (c) Any member may submit a dissent or statement of
24concern up to 14 days following the adoption of any
25recommendation. The Department shall publish all dissenting
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1statements alongside majority recommendations.
2    Section 45. Support; cooperation.
3    (a) The Department shall provide staff support, research,
4data analysis, and administrative assistance to the Task
5Force.
6    (b) State and local agencies shall cooperate with
7reasonable requests for data and information, consistent with
8all confidentiality laws.
9    Section 50. Repeal. This Act is repealed on June 30, 2028.
10    Section 99. Effective date. This Act takes effect upon
11becoming law.