HB 2608 — HOMELESS BILL OF RIGHTS-NEW

093_HB2608HB2608 Engrossed LRB093 06999 DRJ 07149 b AN ACT in relation to homeless persons.

It is the longstandinglong-standing policy of this State that no person should suffer unnecessarily from cold or hunger, or be deprived of shelter or the basic rights incident to shelter.

(2) The right to choose a type of living arrangements in accordance with local regulations without harrassmentharassment or interference from any other citizen or from any public or private entity.

(3) The right to employment and training opportunities in accordance with his or her interests HB2608 Engrossed -2- LRB093 06999 DRJ 07149 b and abilities.

(5) The right to manage his or her own personal finances notwithstanding his or her living arrangements, unless (i) the person voluntarily signs a written agreement, sworn to and witnessed before a notary public, authorizing an individual or agency to manage his or her financesfinances, (ii) the person resides in a shelter for homeless persons and has enrolled in a savings program designed to provide rent money upon the person's departure from the shelter, or (ii)(iii) the person has been ruled or adjudicated by a court of competent jurisdiction to be incompetent to manage his or her financial affairs.

(8) The right to vote, which may not be denied solely because the person does not have a permanent HB2608 Engrossed -3- LRB093 06999 DRJ 07149 b residence.

(9) The right notof tovisitation bewith forcedfamily outmembers, offriends, anyclergy, permanentand publicprofessional or privatepublic shelterconsultants duringnotwithstanding the periodperson's fromliving -3-arrangements, LRB093as 06999long DRJas 07149the bvisitation Decemberdoes 1not ofinterfere anywith yearthe throughsmooth Marchoperation 1 of the followingperson's year,place duringof anyresidence. week in which the outside temperature is 32 degrees Fahrenheit or below.

(10) The right to notreceive bepublic forcedservices toor liveaccommodations inoffered to any shelter, institution, or other livingcitizen arrangement against his or her will, unless the person has been adjudicated by a court of competentthis jurisdictionState asin beingaccordance, mentallywith incompetentestablished andeligibility posesguidelines afor threatthose toservices. himself or herself or society.

(11) The right ofto visitationconfidentiality with family members, friends, clergy, and professional or public consultants notwithstanding the person's living arrangements, as long as the visitation does not interfere with the smooth operation of therecords. person's place of residence.

(12)Homeless Theshelters rightshall toobtain receivea publicvoluntary serviceswritten orrelease accommodationsfrom offereda homeless person prior to disclosing any otherpersonal citizeninformation ofregarding thisthe Statehomeless inperson, accordance,including, withbut establishednot eligibilitylimited guidelinesto, forname, thosesocial services.security number, and birth date, except in aggregate form.

The right to confidentiality of records includes the dissemination of materials to other agencies, either private or public.

The homeless person shall be given the option of whether to release records via informed consent, based on guidelines from the Office of Human Research Protections, United States Department of Health and Human Services, including:

(A) the expected duration of the subject's participation;

(B) an explanation of whom to contact for answers to pertinent questions about the research and research subjects' rights, and whom to contact in the event of a research-related injury to the subject;

(C) a statement that participation in releasing records is voluntary, refusal to participate will involve no penalty or loss of benefits to which the subject is otherwise entitled, HB2608 Engrossed -4- LRB093 06999 DRJ 07149 b and the subject may discontinue participation in the record release at any time without penalty or loss of benefits to which the subject is otherwise entitled;

(D) a description of any reasonably foreseeable risks or discomforts to the subject;

and (E) a statement describing the extent, if any, to which confidentiality of records identifying the subject will be maintained.

Penalty for violation of rights.

A person who violates any of the rights of homeless persons set forth in subsection (a) of Section 10 is guilty of a Class B misdemeanor, unless a different penalty is prescribed in this Section.

A person who violates paragraph (6) or (7) of subsection (a) of Section 15 is guilty of a Class A misdemeanor.

Section 20.

The Department of Commerce and Community Affairs may establish priorities of -4- LRB093 06999 DRJ 07149 b eligibility for temporary rental or other housing assistance among the various categories of persons needing assistance in obtaining or retaining housing, including, without limitation, persons subject to immediate eviction for nonpayment of rent or subject to foreclosure for nonpayment of mortgage installments or property taxes, when nonpayment is attributable to illness, unemployment, underemployment, or any other failure of lack of resources beyond the person's control.