104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3043 Introduced , 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 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3043 Introduced , by Rep. Maurice A. West, II SYNOPSIS AS INTRODUCED: New Act 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 LRB104 09632 KTG 19697 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3043 Introduced , by Rep. Maurice A. West, II SYNOPSIS AS INTRODUCED: New Act New Act 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 LRB104 09632 KTG 19697 b LRB104 09632 KTG 19697 b A BILL FOR HB3043LRB104 09632 KTG 19697 b HB3043 LRB104 09632 KTG 19697 b 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. 19 This pilot program is being established as a direct result 20 of recommendations made by the Protection of Individuals with 21 Disabilities in the Criminal Justice System Task Force 22 convened by the Illinois Guardianship and Advocacy Commission. 23 The report of the Task Force issued in September 2021 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3043 Introduced , by Rep. Maurice A. West, II SYNOPSIS AS INTRODUCED: New Act New Act 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 LRB104 09632 KTG 19697 b LRB104 09632 KTG 19697 b A BILL FOR New Act LRB104 09632 KTG 19697 b HB3043 LRB104 09632 KTG 19697 b HB3043- 2 -LRB104 09632 KTG 19697 b HB3043 - 2 - LRB104 09632 KTG 19697 b HB3043 - 2 - LRB104 09632 KTG 19697 b 1 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 6 services and supports to people with an intellectual 7 disability or a developmental disability who are involved in 8 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: 19 "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 23 pilot county. 24 "Department" means the Department of Human Services. 25 "Developmental disability" has the same meaning ascribed HB3043 - 2 - LRB104 09632 KTG 19697 b HB3043- 3 -LRB104 09632 KTG 19697 b HB3043 - 3 - LRB104 09632 KTG 19697 b HB3043 - 3 - 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 18 select 5 counties to participate in the 3-year pilot program 19 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 - 3 - LRB104 09632 KTG 19697 b HB3043- 4 -LRB104 09632 KTG 19697 b HB3043 - 4 - LRB104 09632 KTG 19697 b HB3043 - 4 - LRB104 09632 KTG 19697 b 1 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 - 4 - LRB104 09632 KTG 19697 b HB3043- 5 -LRB104 09632 KTG 19697 b HB3043 - 5 - LRB104 09632 KTG 19697 b HB3043 - 5 - LRB104 09632 KTG 19697 b 1 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. 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