Bill
HB 3043
Illinois would create a 3-year pilot placing non-attorney Criminal Justice Special Advocates for people with intellectual or developmental disabilities in five counties to aid acce
Overview
- Purpose: Establish a 3-year pilot program in Illinois to provide dedicated, non-attorney criminal justice special advocates for individuals with intellectual or developmental disabilities involved in the criminal justice system.
- Implementing body: Department of Human Services (DHS), subject to appropriation.
- Status: Rule 19(a) / Re-referred to Rules Committee.
What the bill would do
- Create a 3-year pilot program in 5 counties to place at least one Criminal Justice Special Advocate in each participating county.
- Advocates aid individuals with intellectual or developmental disabilities and their guardians, families, caregivers, and supported decision-makers throughout the criminal justice process. They help ensure disability-related needs are understood by authorities and that appropriate health and social services are accessed.
- Advocates operate independently of county officials directly involved in the criminal justice system and are non-attorneys with experience in social work, counseling, or related fields.
Key provisions and changes
- Definitions (Section 10):
- “Criminal justice special advocate” = a non-attorney trained to provide advocacy and support.
- “Developmental disability” and “Intellectual disability” are defined consistent with the Mental Health and Developmental Disabilities Code.
- Pilot program (Section 15):
- A 3-year program in 5 counties, minimum one advocate per county.
- Funding for advocate salary, benefits, training, supervision, equipment, and supplies as approved by DHS.
- Selection of counties (Section 20):
- Departments selects five geographically diverse counties based on a formal application process; must indicate office location and supervisor.
- Advocate duties (Section 25):
- Help individuals and their decision-makers understand the legal process and rights.
- Advocate for accommodations and ensure necessary health and disability considerations are addressed in defense.
- Coordinate with prosecutors, defense attorneys, law enforcement, courts, and service providers to facilitate understanding of disability and access to services.
- Provide referrals to mental health, disability services, and other community resources.
- Evaluation and reporting (Section 30):
- DHS will annually evaluate the pilot starting in 2027.
- After the second full year, DHS must report to the General Assembly and Governor with recommendations on continuation, expansion, or termination, including detailed rationale.
- Findings/purpose (Section 5):
- Builds on recommendations from guardianship and advocacy efforts and the 2021 Criminal Justice Task Force report, emphasizing specialized advocacy for people with disabilities in the system.
Who and what is affected
- Primary beneficiaries: Individuals with intellectual or developmental disabilities involved in Illinois’s criminal justice system.
- Secondary beneficiaries: Guardians, families, caregivers, and supported decision-makers; prosecutors, defense attorneys, law enforcement, courts, and service providers working with these individuals.
- Counties: Five participating counties, selected through a competitive process; advocates will be located within these counties.
Timeline and funding
- Pilot duration: 3 years, starting once appropriations are provided.
- Start of evaluation: Data collection begins annually in 2027.
- Reporting: Comprehensive evaluation and a decision on continuation/expansion/termination after the second full year.
Related legislation
- Companion bill: SB 885.
Notes
- Funding is contingent on appropriation; current law does not guarantee funding beyond the pilot’s stated provisions.
- The bill emphasizes independence from routine county criminal justice structures to ensure advocacy is person-centered and disability-focused.
Compiled from official sources — confirm details with the bill’s official record.
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