Bill Amendment: IL HB4039 | 2025-2026 | 104th General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: HOPE ACT
Status: 2026-04-17 - House Floor Amendment No. 2 Rule 19(c) / Re-referred to Rules Committee [HB4039 Detail]
Download: Illinois-2025-HB4039-House_Amendment_001.html
Bill Title: HOPE ACT
Status: 2026-04-17 - House Floor Amendment No. 2 Rule 19(c) / Re-referred to Rules Committee [HB4039 Detail]
Download: Illinois-2025-HB4039-House_Amendment_001.html
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| 1 | AMENDMENT TO HOUSE BILL 4039 | ||||||
| 2 | AMENDMENT NO. ______. Amend House Bill 4039 by replacing | ||||||
| 3 | everything after the enacting clause with the following: | ||||||
| 4 | "Article 1. General Provisions | ||||||
| 5 | Section 1-1. Short title; references to Act. | ||||||
| 6 | (a) Short title. This Act may be cited as the Holistic | ||||||
| 7 | Overdose Prevention and Equity Act. | ||||||
| 8 | (b) References to Act. This Act may be referred to as the | ||||||
| 9 | HOPE Act. | ||||||
| 10 | Section 1-5. Legislative findings and purpose. | ||||||
| 11 | (a) The General Assembly finds that: | ||||||
| 12 | (1) The Department of Public Health reported 3,261 | ||||||
| 13 | opioid-related overdose fatalities in 2022, representing | ||||||
| 14 | an estimated 272 lives lost every month as the State's | ||||||
| 15 | overdose crisis persists. | ||||||
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| 1 | (2) The Cook County Medical Examiner's Office | ||||||
| 2 | confirmed that 2,000 opioid-related deaths occurred in | ||||||
| 3 | Cook County during 2022, with Black residents comprising | ||||||
| 4 | 56% of deaths despite only representing 23% of the | ||||||
| 5 | county's population. | ||||||
| 6 | (3) The Opioid Data Dashboard provided by the | ||||||
| 7 | Department of Public Health vividly demonstrates the | ||||||
| 8 | extensive reach of opioid-related overdose across the | ||||||
| 9 | State; outside of Cook County, the counties that | ||||||
| 10 | experience the brunt of fatalities include Will County, | ||||||
| 11 | Winnebago County, DuPage County, Lake County, Kane County, | ||||||
| 12 | Madison County, St. Clair County, Sangamon County, McHenry | ||||||
| 13 | County, and Champaign County. | ||||||
| 14 | (4) Harm reduction measures have been proven to reduce | ||||||
| 15 | HIV transmissions, among other benefits, including | ||||||
| 16 | assisting in the prevention of the acquisition of other | ||||||
| 17 | bloodborne viruses such as Hepatitis B and C, the | ||||||
| 18 | prevention of fatal overdoses, decrease in encounters with | ||||||
| 19 | the criminal justice system, reduction in crime, reduction | ||||||
| 20 | of social exclusion for people who use drugs, and | ||||||
| 21 | improvement in access to medical care, mental health | ||||||
| 22 | support, housing, community support, food, and other basic | ||||||
| 23 | needs. | ||||||
| 24 | (5) Extensive research and reports continue to | ||||||
| 25 | demonstrate that harm reduction strategies not only save | ||||||
| 26 | lives by preventing overdose deaths but also limit | ||||||
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| 1 | expenses in response to hospitalizations, emergency calls, | ||||||
| 2 | and deaths, promote public safety by diverting hazardous | ||||||
| 3 | waste from public spaces, and do not lead to an increase in | ||||||
| 4 | crime rates or substance use. | ||||||
| 5 | (6) Harm reduction operates on the understanding that | ||||||
| 6 | recovery is a multifaceted journey and that harm reduction | ||||||
| 7 | strategies complement traditional recovery approaches. | ||||||
| 8 | (7) While people who use drugs continue to face social | ||||||
| 9 | stigma, they still possess the right to receive access to | ||||||
| 10 | housing, education, economic mobility, mental health care, | ||||||
| 11 | and a range of services to support a better quality of | ||||||
| 12 | life. | ||||||
| 13 | (8) Harm reduction acknowledges the intersecting | ||||||
| 14 | systems of oppression that marginalize people who use | ||||||
| 15 | drugs and centers the need for racial, economic, and | ||||||
| 16 | gender justice within policies and practices. | ||||||
| 17 | (9) Across the State, harm reductionists tirelessly | ||||||
| 18 | dedicate themselves toward mitigating the harms of | ||||||
| 19 | substance use and providing critical support to | ||||||
| 20 | individuals in need, and it is essential to recognize and | ||||||
| 21 | appreciate the strain and labor undertaken by these | ||||||
| 22 | individuals as they endure secondary trauma and navigate | ||||||
| 23 | complex social, economic, and political landscapes. | ||||||
| 24 | (10) Recent reports have highlighted funding and other | ||||||
| 25 | stresses endured by harm reduction providers, including | ||||||
| 26 | inadequate and inefficient distribution of opioid | ||||||
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| 1 | settlement funds, as reported in the Chicago Reader in | ||||||
| 2 | December 2024. | ||||||
| 3 | (b) It is the purpose of this Act to enhance harm reduction | ||||||
| 4 | through coordination of programs and policies; establishment | ||||||
| 5 | of a sustainable source of funding for harm reduction | ||||||
| 6 | programs, including potential provision of grants from the | ||||||
| 7 | Illinois Opioid Remediation State Trust Fund as appropriate; | ||||||
| 8 | and establishment of a permanent harm reduction | ||||||
| 9 | infrastructure. | ||||||
| 10 | Section 1-10. Definitions. In this Act: | ||||||
| 11 | "Department" means the Department of Public Health. | ||||||
| 12 | "FDA" means the federal Food and Drug Administration. | ||||||
| 13 | "Harm reduction" means a philosophical framework and set | ||||||
| 14 | of strategies designed to reduce harm and promote dignity and | ||||||
| 15 | well-being among persons and communities who engage in | ||||||
| 16 | substance use. | ||||||
| 17 | "Harm reduction professional" means a specialist who | ||||||
| 18 | engages directly with people who use drugs to prevent overdose | ||||||
| 19 | and infectious disease transmission; improve physical, mental, | ||||||
| 20 | and social well-being; and offer low-barrier options for | ||||||
| 21 | accessing health care services, including substance use and | ||||||
| 22 | mental health disorder treatment. | ||||||
| 23 | "Harm reduction provider" means an organization with a | ||||||
| 24 | needle and hypodermic syringe access program registered with | ||||||
| 25 | the Department of Public Health, as described in the Overdose | ||||||
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| 1 | Prevention and Harm Reduction Act, where traditional harm | ||||||
| 2 | reduction services are the organization's primary focus, harm | ||||||
| 3 | reduction principles guide the organization, and the | ||||||
| 4 | organization has a long-standing, trusting relationship with | ||||||
| 5 | people who use drugs or are at risk of overdose in the | ||||||
| 6 | communities the organization serves. | ||||||
| 7 | "Medication-assisted treatment" means the use of | ||||||
| 8 | FDA-approved medications, in combination with counseling and | ||||||
| 9 | behavioral therapies, to provide a whole patient approach to | ||||||
| 10 | the treatment of substance use disorders. | ||||||
| 11 | "Medications for opioid use disorder" means the use of | ||||||
| 12 | FDA-approved medications to treat opioid use disorders. | ||||||
| 13 | "People with lived or living experience" means individuals | ||||||
| 14 | who currently or in the past have used drugs, been diagnosed | ||||||
| 15 | with a substance use disorder, experienced an overdose, or | ||||||
| 16 | used harm reduction services. | ||||||
| 17 | Article 2. Harm Reduction Advisory Board | ||||||
| 18 | Section 2-5. Purpose. The Harm Reduction Advisory Board is | ||||||
| 19 | created to advance the State's efforts to save lives through | ||||||
| 20 | harm reduction through improved alignment of existing efforts | ||||||
| 21 | across multiple State agencies, sustained and strategic | ||||||
| 22 | investment, and emphasis on input from people with lived or | ||||||
| 23 | living experience. | ||||||
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| 1 | Section 2-10. Membership. | ||||||
| 2 | (a) Members of the Harm Reduction Advisory Board shall | ||||||
| 3 | represent the diversity of this State and possess the | ||||||
| 4 | expertise needed to perform the responsibilities of the Harm | ||||||
| 5 | Reduction Advisory Board. Members of the Harm Reduction | ||||||
| 6 | Advisory Board shall include the following: | ||||||
| 7 | (1) one member who is a representative of a statewide | ||||||
| 8 | coalition addressing harm reduction, appointed by the | ||||||
| 9 | Governor; | ||||||
| 10 | (2) one member who is a member of the General | ||||||
| 11 | Assembly, appointed by the President of the Senate; | ||||||
| 12 | (3) one member who is a member of the General | ||||||
| 13 | Assembly, appointed by the Speaker of the House of | ||||||
| 14 | Representatives; | ||||||
| 15 | (4) one member who is a member of the General | ||||||
| 16 | Assembly, appointed by the Minority Leader of the Senate; | ||||||
| 17 | (5) one member who is a member of the General | ||||||
| 18 | Assembly, appointed by the Minority Leader of the House of | ||||||
| 19 | Representatives; | ||||||
| 20 | (6) the Director of Public Health or the Director's | ||||||
| 21 | designee, who shall serve as co-chair; | ||||||
| 22 | (7) the Secretary of Human Services or the Secretary's | ||||||
| 23 | designee; | ||||||
| 24 | (8) the Chief Behavioral Health Officer or the Chief | ||||||
| 25 | Behavioral Health Officer's designee; | ||||||
| 26 | (9) the Statewide Opioid Settlement Administrator or | ||||||
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| 1 | the Statewide Opioid Settlement Administrator's designee; | ||||||
| 2 | (10) one member who is a person with lived or living | ||||||
| 3 | experience with drug use, substance use disorder, | ||||||
| 4 | overdose, or use of harm reduction services, appointed by | ||||||
| 5 | the President of the Senate; | ||||||
| 6 | (11) one member who is a person with lived or living | ||||||
| 7 | experience with drug use, substance use disorder, | ||||||
| 8 | overdose, or use of harm reduction services, appointed by | ||||||
| 9 | the Speaker of the House of Representatives, who shall | ||||||
| 10 | serve as co-chair and serve as the Board's spokesperson, | ||||||
| 11 | including in communication with the General Assembly and | ||||||
| 12 | federal and local leaders; | ||||||
| 13 | (12) one member who is a person with lived or living | ||||||
| 14 | experience with drug use, substance use disorder, | ||||||
| 15 | overdose, or use of harm reduction services, appointed by | ||||||
| 16 | the Minority Leader of the Senate; | ||||||
| 17 | (13) one member who is a person with lived or living | ||||||
| 18 | experience with drug use, substance use disorder, | ||||||
| 19 | overdose, or use of harm reduction services, appointed by | ||||||
| 20 | the Minority Leader of the House of Representatives; | ||||||
| 21 | (14) one member who is a person who has lost an | ||||||
| 22 | immediate family member to a fatal overdose, appointed by | ||||||
| 23 | the Governor; | ||||||
| 24 | (15) one member who is a representative of a statewide | ||||||
| 25 | organization of behavioral health providers, appointed by | ||||||
| 26 | the Governor; | ||||||
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| 1 | (16) one member who is a representative of a statewide | ||||||
| 2 | organization of addiction medicine specialists, appointed | ||||||
| 3 | by the Governor; | ||||||
| 4 | (17) two members who are employees of community-based | ||||||
| 5 | providers of harm reduction services, appointed by the | ||||||
| 6 | co-chairs; | ||||||
| 7 | (18) one member who is a person employed by a research | ||||||
| 8 | institution who has conducted research on harm reduction, | ||||||
| 9 | appointed by the co-chairs; | ||||||
| 10 | (19) seven members who are persons representing local | ||||||
| 11 | health departments, one from each Department region, | ||||||
| 12 | appointed by the Director of Public Health; and | ||||||
| 13 | (20) additional members who are persons with lived or | ||||||
| 14 | living experience with drug use, substance use disorder, | ||||||
| 15 | overdose, or use of harm reduction services as needed to | ||||||
| 16 | ensure that a majority of Harm Reduction Advisory Board | ||||||
| 17 | members have lived or living experience, appointed by the | ||||||
| 18 | co-chairs. | ||||||
| 19 | (b) Members of the Harm Reduction Advisory Board shall | ||||||
| 20 | serve without compensation, except that individuals with lived | ||||||
| 21 | or living experience under subsection (a) may receive stipends | ||||||
| 22 | as compensation for their time. Members of the Harm Reduction | ||||||
| 23 | Advisory Board may be reimbursed for reasonable expenses | ||||||
| 24 | incurred in the performance of their duties from funds | ||||||
| 25 | appropriated for that purpose. | ||||||
| 26 | (c) The Harm Reduction Advisory Board may take board | ||||||
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| 1 | action, including holding meetings, upon the appointment of a | ||||||
| 2 | quorum of its members in compliance with the Open Meetings | ||||||
| 3 | Act. The Harm Reduction Advisory Board terms shall end 4 years | ||||||
| 4 | from the date of appointment. | ||||||
| 5 | Section 2-15. Meetings. The Harm Reduction Advisory Board | ||||||
| 6 | shall meet at least quarterly and may do so either in person or | ||||||
| 7 | remotely, in alignment with the Open Meetings Act. The | ||||||
| 8 | Department of Public Health and Department of Human Services | ||||||
| 9 | shall jointly provide administrative support. | ||||||
| 10 | Section 2-20. Responsibilities. Within 12 months after the | ||||||
| 11 | effective date of this Act, the Harm Reduction Advisory Board | ||||||
| 12 | shall: | ||||||
| 13 | (1) offer input on State agencies' processes to | ||||||
| 14 | solicit applications to ensure that harm reduction | ||||||
| 15 | providers are well-represented; | ||||||
| 16 | (2) provide input on the State's comprehensive, | ||||||
| 17 | interagency effort to ensure that harm reduction services | ||||||
| 18 | are available statewide, that the State-supported system | ||||||
| 19 | respects the dignity of people who use drugs, and that | ||||||
| 20 | investments in harm reduction services are sustained and | ||||||
| 21 | strategic; | ||||||
| 22 | (3) advise State agencies on a process to support | ||||||
| 23 | ongoing monitoring and evaluation of community-based harm | ||||||
| 24 | reduction programs; | ||||||
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| 1 | (4) coordinate with harm reduction providers and other | ||||||
| 2 | community-based organizations; and | ||||||
| 3 | (5) deliver an annual report on successes and | ||||||
| 4 | challenges with the year's harm reduction funding and | ||||||
| 5 | recommendations for harm reduction public policy to the | ||||||
| 6 | General Assembly and to the Governor to be posted on the | ||||||
| 7 | Department of Public Health website. | ||||||
| 8 | Article 3. Grant Funding | ||||||
| 9 | Section 3-5. Grant-making authority. | ||||||
| 10 | (a) The Department of Public Health and the Department of | ||||||
| 11 | Human Services shall have grant-making, operational, and | ||||||
| 12 | procurement authority to distribute funds to harm reduction | ||||||
| 13 | providers to execute the functions established in this Act. | ||||||
| 14 | This subsection does not limit any existing grant-making, | ||||||
| 15 | operational, or procurement authorities of other State | ||||||
| 16 | agencies to distribute funds for harm reduction activities. | ||||||
| 17 | (b) The Department may issue grants to harm reduction | ||||||
| 18 | providers. Grants shall be issued on or before July 1 of each | ||||||
| 19 | fiscal year. | ||||||
| 20 | (c) Beginning in Fiscal Year 2028 and subject to | ||||||
| 21 | appropriation, grants shall be awarded for a project period of | ||||||
| 22 | one year, with 2 one-year renewals, contingent on Department | ||||||
| 23 | requirements for reporting and successful performance. | ||||||
| 24 | (d) The Department shall ensure that grants awarded under | ||||||
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| 1 | this Act do not duplicate or supplant grants awarded under any | ||||||
| 2 | other Act. Grants awarded under this Act may be used to expand | ||||||
| 3 | existing services. | ||||||
| 4 | (e) The Department may make harm reduction grants to harm | ||||||
| 5 | reduction providers addressing opioid remediation in the | ||||||
| 6 | State. Eligible grant recipients shall be harm reduction | ||||||
| 7 | providers that offer services in a manner that supports and | ||||||
| 8 | meets the approved uses of the opioid settlement funds. | ||||||
| 9 | Eligible grant recipients have no entitlement to a grant under | ||||||
| 10 | this Section. The Department of Public Health shall partner | ||||||
| 11 | with the Department of Human Services to adopt rules to | ||||||
| 12 | implement this Section, if necessary, and may create a | ||||||
| 13 | competitive application procedure for grants to be awarded. | ||||||
| 14 | The rules may specify the manner of applying for grants; | ||||||
| 15 | grantee eligibility requirements; project eligibility | ||||||
| 16 | requirements; restrictions on the use of grant moneys; the | ||||||
| 17 | manner in which grantees must account for the use of grant | ||||||
| 18 | moneys; and any other provision that the Department of Public | ||||||
| 19 | Health determines to be necessary or useful for the | ||||||
| 20 | administration of this Section. | ||||||
| 21 | Section 3-10. Grants for harm reduction services. | ||||||
| 22 | (a) The Department may make grants to harm reduction | ||||||
| 23 | providers. | ||||||
| 24 | (b) When the Department issues grants, it shall ensure | ||||||
| 25 | that harm reduction services are available in all counties | ||||||
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| 1 | whenever possible. A harm reduction provider may receive a | ||||||
| 2 | grant to provide harm reduction services in more than one | ||||||
| 3 | county. | ||||||
| 4 | (c) Harm reduction providers receiving grants under this | ||||||
| 5 | Act shall establish eligibility criteria for services in | ||||||
| 6 | alignment with the Department's requirements outlined in grant | ||||||
| 7 | agreements. | ||||||
| 8 | (d) An eligible participant shall not be court ordered to | ||||||
| 9 | receive services funded by a grant under this Act. | ||||||
| 10 | (e) Harm reduction providers receiving grants under this | ||||||
| 11 | Act shall provide the following harm reduction services | ||||||
| 12 | directly or through subgrants to other organizations: | ||||||
| 13 | (1) provision of harm reduction supplies, including, | ||||||
| 14 | but not limited to, overdose reversal supplies, including | ||||||
| 15 | naloxone kits with 3 milligram nasal spray, 4 milligram | ||||||
| 16 | nasal spray, and 0.4 milligram/milliliter intramuscular | ||||||
| 17 | formulation variations; condoms; supplies to promote | ||||||
| 18 | sterile injection and reduce infectious disease | ||||||
| 19 | transmission through injection drug use; safer smoking | ||||||
| 20 | kits to reduce infectious disease transmission; written | ||||||
| 21 | educational materials on safer injection practices and HIV | ||||||
| 22 | and viral hepatitis and prevention, testing, treatment, | ||||||
| 23 | and care services; | ||||||
| 24 | (2) overdose reversal education and training services; | ||||||
| 25 | (3) navigation services to ensure linkage to HIV and | ||||||
| 26 | viral hepatitis prevention, testing, treatment, and care | ||||||
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| 1 | services, including antiretroviral therapy for HCV and | ||||||
| 2 | HIV, pre-exposure prophylaxis (PrEP), post-exposure | ||||||
| 3 | prophylaxis (PEP), prevention of mother-to-child | ||||||
| 4 | transmission, and partner services; | ||||||
| 5 | (4) referral to hepatitis A and hepatitis B | ||||||
| 6 | vaccinations; | ||||||
| 7 | (5) provision of education on HIV and viral hepatitis | ||||||
| 8 | prevention, testing, and referral to treatment services; | ||||||
| 9 | and | ||||||
| 10 | (6) provision of information on local resources or | ||||||
| 11 | referrals for PEP, or both. | ||||||
| 12 | (f) Harm reduction providers receiving grants under this | ||||||
| 13 | Act may provide the following services directly or through | ||||||
| 14 | subgrants to other organizations: | ||||||
| 15 | (1) provision of harm reduction supplies, including, | ||||||
| 16 | but not limited to, equipment, products, or materials to | ||||||
| 17 | analyze or test for the presence of a drug adulterant | ||||||
| 18 | within a controlled substance; safer sex kits; sharps | ||||||
| 19 | disposal and medication disposal kits; wound care | ||||||
| 20 | supplies; medication lock boxes; sterile water and saline; | ||||||
| 21 | ascorbic acid (vitamin C); nicotine cessation therapies; | ||||||
| 22 | food and beverages, including snacks, protein drinks, and | ||||||
| 23 | water; FDA-approved home testing kits for viral hepatitis, | ||||||
| 24 | including HBV and HCV, and HIV; distribution mechanisms, | ||||||
| 25 | such as bags for naloxone or safer sex kits and metal boxes | ||||||
| 26 | or containers for holding naloxone, for harm reduction | ||||||
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| 1 | supplies, including stock as otherwise described and | ||||||
| 2 | delineated on this list; | ||||||
| 3 | (2) contingency management services, in which tangible | ||||||
| 4 | incentives are provided to participants contingent on | ||||||
| 5 | evidence of change in a specific, incentivized behavior | ||||||
| 6 | such as abstinence from a particular drug; | ||||||
| 7 | (3) services to promote hygiene and other basic needs, | ||||||
| 8 | including, but not limited to, mobile showers and clothing | ||||||
| 9 | distribution; and | ||||||
| 10 | (4) other services necessary to promote harm | ||||||
| 11 | reduction, as determined by the harm reduction provider | ||||||
| 12 | and approved by the Department. | ||||||
| 13 | (g) Harm reduction providers receiving grants under this | ||||||
| 14 | Act may utilize funds for the following activities, subject to | ||||||
| 15 | approval by the Department: | ||||||
| 16 | (1) compensation and fringe benefits for harm | ||||||
| 17 | reduction staff and supervisors; | ||||||
| 18 | (2) research and evaluation; | ||||||
| 19 | (3) community outreach and education; and | ||||||
| 20 | (4) building capacity in the harm reduction field. | ||||||
| 21 | (h) Harm reduction providers receiving grants under this | ||||||
| 22 | Act shall ensure that services are accessible to individuals | ||||||
| 23 | with disabilities and to individuals with limited English | ||||||
| 24 | proficiency. Harm reduction providers receiving grants under | ||||||
| 25 | this Act shall not deny services to individuals on the basis of | ||||||
| 26 | immigration status, gender identity, or any other protected | ||||||
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| 1 | class. | ||||||
| 2 | (i) Communications that are made between a harm reduction | ||||||
| 3 | provider receiving a grant under this Act and an eligible | ||||||
| 4 | participant and while providing harm reduction services are | ||||||
| 5 | confidential and privileged. Except with the written consent | ||||||
| 6 | of the participant, a harm reduction provider shall not be | ||||||
| 7 | required to disclose such communications or related records in | ||||||
| 8 | any civil, criminal, administrative, or legislative | ||||||
| 9 | proceeding, nor shall the provider be examined regarding such | ||||||
| 10 | communications. Nothing in this subsection shall be construed | ||||||
| 11 | to supersede or conflict with federal confidentiality | ||||||
| 12 | requirements, including the Health Insurance Portability and | ||||||
| 13 | Accountability Act of 1996 and 42 CFR Part 2. | ||||||
| 14 | (j) The Department shall encourage harm reduction | ||||||
| 15 | providers receiving grants under this Act to employ people | ||||||
| 16 | with lived or living experience. | ||||||
| 17 | (k) Nothing in this Act shall be construed to supersede | ||||||
| 18 | the requirements of the Grant Accountability and Transparency | ||||||
| 19 | Act. | ||||||
| 20 | Article 4. Administrative Oversight | ||||||
| 21 | Section 4-5. Administration of harm reduction programming | ||||||
| 22 | and funding. | ||||||
| 23 | (a) The Department of Public Health shall administer harm | ||||||
| 24 | reduction programming and funding in coordination with other | ||||||
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| 1 | State agencies, including the Department of Human Services, to | ||||||
| 2 | ensure that resources are expended effectively. | ||||||
| 3 | (b) No later than June 30, 2027, the Department of Public | ||||||
| 4 | Health and the Department of Human Services shall enter into | ||||||
| 5 | an interagency agreement outlining their shared and distinct | ||||||
| 6 | responsibilities for harm reduction in Illinois. The Harm | ||||||
| 7 | Reduction Advisory Board must provide advice on the | ||||||
| 8 | interagency agreement. | ||||||
| 9 | (c) Nothing in this Act shall be construed to require | ||||||
| 10 | existing harm reduction programming or funding to be | ||||||
| 11 | transferred from one State agency to another, for existing | ||||||
| 12 | programming or funding to be terminated or modified, or to | ||||||
| 13 | prevent State agencies from implementing new harm reduction | ||||||
| 14 | programming or funding in the future. | ||||||
| 15 | Article 5. Training, Technical Assistance, and Education | ||||||
| 16 | Section 5-5. Role of harm reduction providers. | ||||||
| 17 | Organizations or agencies that do not meet the definition of | ||||||
| 18 | harm reduction provider must subcontract with a harm reduction | ||||||
| 19 | provider to meet any requirements for harm reduction | ||||||
| 20 | programming, training, education, or technical assistance | ||||||
| 21 | established under this Act. | ||||||
| 22 | Section 5-10. Local government training. The Department | ||||||
| 23 | and the Harm Reduction Advisory Board may establish a program | ||||||
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| 1 | to provide comprehensive education and training, for local | ||||||
| 2 | government agencies, including law enforcement and court | ||||||
| 3 | stakeholders, concerning this Act and the Overdose Prevention | ||||||
| 4 | and Harm Reduction Act, with a focus on ensuring compliance | ||||||
| 5 | with laws that provide immunity for participants, harm | ||||||
| 6 | reduction providers, and harm reduction staff and volunteers. | ||||||
| 7 | Article 6. Place-Based Approach to Harm Reduction | ||||||
| 8 | Section 6-5. Intent; purpose. This Article creates a | ||||||
| 9 | place-based approach to expand harm reduction education and | ||||||
| 10 | training, community engagement, mobile outreach, and | ||||||
| 11 | medication-assisted treatment in the communities with the | ||||||
| 12 | highest levels of overdoses and greatest unmet need for harm | ||||||
| 13 | reduction services. | ||||||
| 14 | Section 6-10. Pilot. | ||||||
| 15 | (a) The Department may make grants to one harm reduction | ||||||
| 16 | provider in a community in each Department region to | ||||||
| 17 | coordinate a place-based approach to harm reduction. | ||||||
| 18 | (b) Harm reduction providers receiving grants under this | ||||||
| 19 | Article shall provide the following services directly, through | ||||||
| 20 | subgrants to other organizations, or in coordination with | ||||||
| 21 | organizations receiving funding from other sources: | ||||||
| 22 | (1) community education and engagement on harm | ||||||
| 23 | reduction; | ||||||
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| 1 | (2) mobile outreach to the populations at highest risk | ||||||
| 2 | of overdose; and | ||||||
| 3 | (3) provision of or referral to medication-assisted | ||||||
| 4 | treatment. | ||||||
| 5 | (c) Harm reduction providers receiving grants under this | ||||||
| 6 | Article may provide other services as necessary to expand harm | ||||||
| 7 | reduction and prevent overdose in the community, either | ||||||
| 8 | directly, through subgrants to other organizations, or in | ||||||
| 9 | coordination with organizations receiving funding from other | ||||||
| 10 | sources, as determined by the harm reduction provider and | ||||||
| 11 | approved by the Department. | ||||||
| 12 | (d) The harm reduction provider shall provide training and | ||||||
| 13 | technical assistance on harm reduction to subgrantees and | ||||||
| 14 | other collaborating organizations. | ||||||
| 15 | (e) Harm reduction providers receiving grants under this | ||||||
| 16 | Article and collaborating organizations are prohibited from | ||||||
| 17 | sharing information about participants with law enforcement | ||||||
| 18 | and from undertaking activities to increase arrests or | ||||||
| 19 | prosecutions for drug-related offenses or of people who use | ||||||
| 20 | drugs. | ||||||
| 21 | Section 6-15. Community selection. The Department shall | ||||||
| 22 | determine communities for the pilot by considering the | ||||||
| 23 | following factors: | ||||||
| 24 | (1) community population and poverty level; | ||||||
| 25 | (2) the geographic size of a community; | ||||||
| |||||||
| |||||||
| 1 | (3) the number of fatal and nonfatal overdoses in the | ||||||
| 2 | community; | ||||||
| 3 | (4) recent trends in the number of overdoses in the | ||||||
| 4 | community; | ||||||
| 5 | (5) the number of harm reduction providers in the | ||||||
| 6 | community; and | ||||||
| 7 | (6) how many people are served by harm reduction | ||||||
| 8 | providers in the community. | ||||||
| 9 | Article 7. Correctional Facilities | ||||||
| 10 | Section 7-5. Incarceration; naloxone. Naloxone shall be | ||||||
| 11 | made readily available to all correctional staff, health care | ||||||
| 12 | staff, other staff, and incarcerated individuals in all | ||||||
| 13 | prisons and jails, subject to the availability of funding to | ||||||
| 14 | support the prison or jail in obtaining a supply of naloxone. | ||||||
| 15 | Article 8. Health Care Facilities | ||||||
| 16 | Section 8-5. Medication for opioid use disorder. All acute | ||||||
| 17 | care hospitals that provide emergency services in an emergency | ||||||
| 18 | department, all satellite emergency facilities, and all | ||||||
| 19 | inpatient behavioral health treatment providers shall | ||||||
| 20 | maintain, as part of their services, protocols and capacity to | ||||||
| 21 | provide appropriate, evidence-based interventions prior to | ||||||
| 22 | discharge that reduce the risk of subsequent harm and fatality | ||||||
| |||||||
| |||||||
| 1 | following an opioid-related overdose, including, but not | ||||||
| 2 | limited to, institutional protocols and capacity to possess, | ||||||
| 3 | dispense, administer, and prescribe all FDA-approved | ||||||
| 4 | medications for opioid use disorder. Such treatment shall be | ||||||
| 5 | offered to all patients who present in an acute care hospital | ||||||
| 6 | emergency department, a satellite emergency facility, or | ||||||
| 7 | inpatient behavioral health treatment provider for care and | ||||||
| 8 | treatment of an opioid-related overdose or opioid use | ||||||
| 9 | disorder; provided, however, that treatment shall only occur | ||||||
| 10 | when it is recommended by the treating health care provider | ||||||
| 11 | and is voluntarily agreed to by the patient. Acute care | ||||||
| 12 | hospitals that provide emergency services in an emergency | ||||||
| 13 | department, satellite emergency facilities, and inpatient | ||||||
| 14 | behavioral health treatment providers shall demonstrate | ||||||
| 15 | compliance with applicable training and waiver requirements | ||||||
| 16 | established by the federal Drug Enforcement Administration and | ||||||
| 17 | the federal Substance Abuse and Mental Health Services | ||||||
| 18 | Administration relative to prescribing medication for opioid | ||||||
| 19 | use disorder. Prior to discharge, any patient who is | ||||||
| 20 | administered or prescribed medication for opioid use disorder | ||||||
| 21 | in an acute care hospital emergency department, satellite | ||||||
| 22 | emergency facility, or inpatient behavioral health treatment | ||||||
| 23 | provider shall be directly connected to an appropriate | ||||||
| 24 | provider or treatment site to voluntarily continue the | ||||||
| 25 | treatment. This requirement can be met through partnership | ||||||
| 26 | with medication on demand available through the Illinois | ||||||
| |||||||
| |||||||
| 1 | Helpline operated by the Department of Human Services or a | ||||||
| 2 | provider licensed to provide medication-assisted recovery in | ||||||
| 3 | accordance with 77 Ill. Adm. Code 2060. | ||||||
| 4 | Section 8-10. Patient discharge and education on naloxone; | ||||||
| 5 | provider referral. Upon discharge of a patient from an acute | ||||||
| 6 | care hospital, satellite emergency facility, or inpatient | ||||||
| 7 | behavioral health treatment provider who has: (i) a history of | ||||||
| 8 | or is actively using opioids or other illicit drugs; (ii) been | ||||||
| 9 | diagnosed with opioid use disorder; or (iii) experienced an | ||||||
| 10 | opioid-related overdose, the acute care hospital, satellite | ||||||
| 11 | emergency facility, or inpatient behavioral health treatment | ||||||
| 12 | provider shall educate the patient on the use of naloxone, | ||||||
| 13 | offer not less than 2 doses of naloxone to the patient or a | ||||||
| 14 | legal guardian of the patient, subject to the availability of | ||||||
| 15 | funding to support the hospital in obtaining a supply of | ||||||
| 16 | naloxone, and provide information about a harm reduction | ||||||
| 17 | provider and offer to directly connect the patient to a harm | ||||||
| 18 | reduction provider. | ||||||
| 19 | Section 8-15. Rulemaking. The Department may adopt rules | ||||||
| 20 | for the implementation of this Article. | ||||||
| 21 | Article 9. Housing | ||||||
| 22 | Section 9-5. Recovery homes. A recovery home licensed in | ||||||
| |||||||
| |||||||
| 1 | accordance with 77 Ill. Adm. Code 2060 must comply with the | ||||||
| 2 | following requirements: | ||||||
| 3 | (1) A resident may not be evicted for a single | ||||||
| 4 | recurrence of substance use disorder symptoms. Other | ||||||
| 5 | behaviors while intoxicated that violate the terms of | ||||||
| 6 | residency may be grounds for rejection of an applicant for | ||||||
| 7 | housing or eviction of a resident. | ||||||
| 8 | (2) If an applicant is rejected or a resident is | ||||||
| 9 | evicted solely based on abstinence-only or sobriety | ||||||
| 10 | requirements, the recovery home shall identify another | ||||||
| 11 | housing provider that will accept the individual and | ||||||
| 12 | directly connect the individual to that housing provider. | ||||||
| 13 | (3) Discrimination against applicants solely on the | ||||||
| 14 | basis of criminal records, records of arrests, charges, or | ||||||
| 15 | convictions on drug-related offenses is prohibited. | ||||||
| 16 | Section 9-10. Housing evictions based on opioid use | ||||||
| 17 | disorder treatment. All operators or owners of housing are | ||||||
| 18 | prohibited from rejecting applicants or evicting residents | ||||||
| 19 | because they are receiving medication for opioid use disorder | ||||||
| 20 | or other forms of medication-assisted treatment. | ||||||
| 21 | Section 9-15. Federal requirements. Nothing in this | ||||||
| 22 | Article shall be construed to prohibit a housing provider from | ||||||
| 23 | complying with federal laws or regulations if housing is | ||||||
| 24 | provided using both federal and State funding. | ||||||
| |||||||
| |||||||
| 1 | Article 10. Home Rule Preemption | ||||||
| 2 | Section 10-5. Home rule preemption. | ||||||
| 3 | (a) A home rule unit may not prohibit the establishment or | ||||||
| 4 | operation of any harm reduction activities as provided in this | ||||||
| 5 | Act. | ||||||
| 6 | (b) A municipality may not adopt zoning regulations for | ||||||
| 7 | the sole purpose of prohibiting the establishment or operation | ||||||
| 8 | of any harm reduction activities as provided in this Act. | ||||||
| 9 | (c) This Section is a denial and limitation of home rule | ||||||
| 10 | powers and functions under subsection (g) of Section 6 of | ||||||
| 11 | Article VII of the Illinois Constitution. | ||||||
| 12 | Article 11. Amendatory Provisions | ||||||
| 13 | Section 11-5. The Department of Professional Regulation | ||||||
| 14 | Law of the Civil Administrative Code of Illinois is amended by | ||||||
| 15 | adding Section 2105-372 as follows: | ||||||
| 16 | (20 ILCS 2105/2105-372 new) | ||||||
| 17 | Sec. 2105-372. Continuing education; harm reduction. | ||||||
| 18 | (a) As used in this Section: | ||||||
| 19 | "Harm reduction" means a philosophical framework and set | ||||||
| 20 | of strategies designed to reduce harm and promote dignity and | ||||||
| 21 | well-being among persons and communities who engage in | ||||||
| |||||||
| |||||||
| 1 | substance use. | ||||||
| 2 | "Harm reduction professional" has the meaning given to | ||||||
| 3 | that term in the Holistic Overdose Prevention and Equity Act. | ||||||
| 4 | "Harm reduction provider" has the meaning given to that | ||||||
| 5 | term in the Holistic Overdose Prevention and Equity Act. | ||||||
| 6 | "Health care professional" means a person licensed or | ||||||
| 7 | registered by the Department under the following Acts: the | ||||||
| 8 | Medical Practice Act of 1987, the Nurse Practice Act, the | ||||||
| 9 | Clinical Psychologist Licensing Act, the Illinois Optometric | ||||||
| 10 | Practice Act of 1987, the Illinois Physical Therapy Act, the | ||||||
| 11 | Pharmacy Practice Act, the Physician Assistant Practice Act of | ||||||
| 12 | 1987, the Clinical Social Work and Social Work Practice Act, | ||||||
| 13 | the Nursing Home Administrators Licensing and Disciplinary | ||||||
| 14 | Act, the Illinois Occupational Therapy Practice Act, the | ||||||
| 15 | Podiatric Medical Practice Act of 1987, the Respiratory Care | ||||||
| 16 | Practice Act, the Professional Counselor and Clinical | ||||||
| 17 | Professional Counselor Licensing and Practice Act, the | ||||||
| 18 | Illinois Speech-Language Pathology and Audiology Practice Act, | ||||||
| 19 | the Illinois Dental Practice Act, the Marriage and Family | ||||||
| 20 | Therapy Licensing Act, or the Behavior Analyst Licensing Act. | ||||||
| 21 | (b) For health care professional license or registration | ||||||
| 22 | renewals occurring on or after January 1, 2027, a health care | ||||||
| 23 | professional who has continuing education requirements must | ||||||
| 24 | complete at least a one-hour course or training on harm | ||||||
| 25 | reduction per renewal period. A health care professional may | ||||||
| 26 | count this one hour for completion of this course toward | ||||||
| |||||||
| |||||||
| 1 | meeting the minimum credit hours required for continuing | ||||||
| 2 | education. | ||||||
| 3 | (c) Any course or training offered to meet the | ||||||
| 4 | requirements of this Section must be designed by or delivered | ||||||
| 5 | by a harm reduction provider or harm reduction professional. | ||||||
| 6 | (d) The Department may adopt rules for the implementation | ||||||
| 7 | of this Section. | ||||||
| 8 | Section 11-10. The Counties Code is amended by adding | ||||||
| 9 | Section 3-6043 as follows: | ||||||
| 10 | (55 ILCS 5/3-6043 new) | ||||||
| 11 | Sec. 3-6043. Release; naloxone. Upon the release of a | ||||||
| 12 | prisoner from a correctional institution, the sheriff shall | ||||||
| 13 | provide the prisoner with naloxone, subject to the | ||||||
| 14 | availability of funding, and a referral to a harm reduction | ||||||
| 15 | provider, as well as to the substance use disorder treatment | ||||||
| 16 | provider the prisoner was receiving treatment from prior to | ||||||
| 17 | incarceration or a new provider, if that is the individual's | ||||||
| 18 | preference, if applicable. In counties with more than 3 | ||||||
| 19 | million residents that have a county hospital system that | ||||||
| 20 | provides correctional health services, the county hospital | ||||||
| 21 | system shall also have a role, as determined by the sheriff, in | ||||||
| 22 | providing individuals being released from a county | ||||||
| 23 | correctional institution with naloxone and a referral to a | ||||||
| 24 | harm reduction provider. | ||||||
| |||||||
| |||||||
| 1 | Section 11-15. The Unified Code of Corrections is amended | ||||||
| 2 | by changing Section 3-14-1 as follows: | ||||||
| 3 | (730 ILCS 5/3-14-1) (from Ch. 38, par. 1003-14-1) | ||||||
| 4 | Sec. 3-14-1. Release from the institution. | ||||||
| 5 | (a) Upon release of a person on parole, mandatory release, | ||||||
| 6 | final discharge, or pardon, the Department shall return all | ||||||
| 7 | property held for him, provide him with suitable clothing and | ||||||
| 8 | procure necessary transportation for him to his designated | ||||||
| 9 | place of residence and employment. It may provide such person | ||||||
| 10 | with a grant of money for travel and expenses which may be paid | ||||||
| 11 | in installments. The amount of the money grant shall be | ||||||
| 12 | determined by the Department. | ||||||
| 13 | (a-1) The Department shall, before a wrongfully imprisoned | ||||||
| 14 | person, as defined in Section 3-1-2 of this Code, is | ||||||
| 15 | discharged from the Department, provide him or her with any | ||||||
| 16 | documents necessary after discharge. | ||||||
| 17 | (a-2) The Department of Corrections may establish and | ||||||
| 18 | maintain, in any institution it administers, revolving funds | ||||||
| 19 | to be known as "Travel and Allowances Revolving Funds". These | ||||||
| 20 | revolving funds shall be used for advancing travel and expense | ||||||
| 21 | allowances to committed, paroled, and discharged prisoners. | ||||||
| 22 | The moneys paid into such revolving funds shall be from | ||||||
| 23 | appropriations to the Department for Committed, Paroled, and | ||||||
| 24 | Discharged Prisoners. | ||||||
| |||||||
| |||||||
| 1 | (a-3) Upon release of a person who is eligible to vote on | ||||||
| 2 | parole, mandatory release, final discharge, or pardon, the | ||||||
| 3 | Department shall provide the person with a form that informs | ||||||
| 4 | him or her that his or her voting rights have been restored and | ||||||
| 5 | a voter registration application. The Department shall have | ||||||
| 6 | available voter registration applications in the languages | ||||||
| 7 | provided by the Illinois State Board of Elections. The form | ||||||
| 8 | that informs the person that his or her rights have been | ||||||
| 9 | restored shall include the following information: | ||||||
| 10 | (1) All voting rights are restored upon release from | ||||||
| 11 | the Department's custody. | ||||||
| 12 | (2) A person who is eligible to vote must register in | ||||||
| 13 | order to be able to vote. | ||||||
| 14 | The Department of Corrections shall confirm that the | ||||||
| 15 | person received the voter registration application and has | ||||||
| 16 | been informed that his or her voting rights have been | ||||||
| 17 | restored. | ||||||
| 18 | (a-4) Prior to release of a person on parole, mandatory | ||||||
| 19 | supervised release, final discharge, or pardon, the Department | ||||||
| 20 | shall screen every person for Medicaid eligibility. Officials | ||||||
| 21 | of the correctional institution or facility where the | ||||||
| 22 | committed person is assigned shall assist an eligible person | ||||||
| 23 | to complete a Medicaid application to ensure that the person | ||||||
| 24 | begins receiving benefits as soon as possible after his or her | ||||||
| 25 | release. The application must include the eligible person's | ||||||
| 26 | address associated with his or her residence upon release from | ||||||
| |||||||
| |||||||
| 1 | the facility. If the residence is temporary, the eligible | ||||||
| 2 | person must notify the Department of Human Services of his or | ||||||
| 3 | her change in address upon transition to permanent housing. | ||||||
| 4 | (a-5) Upon release of a person from its custody to parole, | ||||||
| 5 | upon mandatory supervised release, or upon final discharge, | ||||||
| 6 | the Department shall run a LEADS report and shall notify the | ||||||
| 7 | person of all in-effect protective orders issued against the | ||||||
| 8 | person under Article 112A of the Code of Criminal Procedure of | ||||||
| 9 | 1963 or under the Illinois Domestic Violence Act of 1986, the | ||||||
| 10 | Civil No Contact Order Act, or the Stalking No Contact Order | ||||||
| 11 | Act, that are identified in the LEADS report. | ||||||
| 12 | (b) (Blank). | ||||||
| 13 | (c) Except as otherwise provided in this Code, the | ||||||
| 14 | Department shall establish procedures to provide written | ||||||
| 15 | notification of any release of any person who has been | ||||||
| 16 | convicted of a felony to the State's Attorney and sheriff of | ||||||
| 17 | the county from which the offender was committed, and the | ||||||
| 18 | State's Attorney and sheriff of the county into which the | ||||||
| 19 | offender is to be paroled or released. Except as otherwise | ||||||
| 20 | provided in this Code, the Department shall establish | ||||||
| 21 | procedures to provide written notification to the proper law | ||||||
| 22 | enforcement agency for any municipality of any release of any | ||||||
| 23 | person who has been convicted of a felony if the arrest of the | ||||||
| 24 | offender or the commission of the offense took place in the | ||||||
| 25 | municipality, if the offender is to be paroled or released | ||||||
| 26 | into the municipality, or if the offender resided in the | ||||||
| |||||||
| |||||||
| 1 | municipality at the time of the commission of the offense. If a | ||||||
| 2 | person convicted of a felony who is in the custody of the | ||||||
| 3 | Department of Corrections or on parole or mandatory supervised | ||||||
| 4 | release informs the Department that he or she has resided, | ||||||
| 5 | resides, or will reside at an address that is a housing | ||||||
| 6 | facility owned, managed, operated, or leased by a public | ||||||
| 7 | housing agency, the Department must send written notification | ||||||
| 8 | of that information to the public housing agency that owns, | ||||||
| 9 | manages, operates, or leases the housing facility. The written | ||||||
| 10 | notification shall, when possible, be given at least 14 days | ||||||
| 11 | before release of the person from custody, or as soon | ||||||
| 12 | thereafter as possible. The written notification shall be | ||||||
| 13 | provided electronically if the State's Attorney, sheriff, | ||||||
| 14 | proper law enforcement agency, or public housing agency has | ||||||
| 15 | provided the Department with an accurate and up to date email | ||||||
| 16 | address. | ||||||
| 17 | (c-1) (Blank). | ||||||
| 18 | (c-2) The Department shall establish procedures to provide | ||||||
| 19 | notice to the Illinois State Police of the release or | ||||||
| 20 | discharge of persons convicted of violations of the | ||||||
| 21 | Methamphetamine Control and Community Protection Act or a | ||||||
| 22 | violation of the Methamphetamine Precursor Control Act. The | ||||||
| 23 | Illinois State Police shall make this information available to | ||||||
| 24 | local, State, or federal law enforcement agencies upon | ||||||
| 25 | request. | ||||||
| 26 | (c-5) If a person on parole or mandatory supervised | ||||||
| |||||||
| |||||||
| 1 | release becomes a resident of a facility licensed or regulated | ||||||
| 2 | by the Department of Public Health, the Illinois Department of | ||||||
| 3 | Public Aid, or the Illinois Department of Human Services, the | ||||||
| 4 | Department of Corrections shall provide copies of the | ||||||
| 5 | following information to the appropriate licensing or | ||||||
| 6 | regulating Department and the licensed or regulated facility | ||||||
| 7 | where the person becomes a resident: | ||||||
| 8 | (1) The mittimus and any pre-sentence investigation | ||||||
| 9 | reports. | ||||||
| 10 | (2) The social evaluation prepared pursuant to Section | ||||||
| 11 | 3-8-2. | ||||||
| 12 | (3) Any pre-release evaluation conducted pursuant to | ||||||
| 13 | subsection (j) of Section 3-6-2. | ||||||
| 14 | (4) Reports of disciplinary infractions and | ||||||
| 15 | dispositions. | ||||||
| 16 | (5) Any parole plan, including orders issued by the | ||||||
| 17 | Prisoner Review Board, and any violation reports and | ||||||
| 18 | dispositions. | ||||||
| 19 | (6) The name and contact information for the assigned | ||||||
| 20 | parole agent and parole supervisor. | ||||||
| 21 | This information shall be provided within 3 days of the | ||||||
| 22 | person becoming a resident of the facility. | ||||||
| 23 | (c-10) If a person on parole or mandatory supervised | ||||||
| 24 | release becomes a resident of a facility licensed or regulated | ||||||
| 25 | by the Department of Public Health, the Illinois Department of | ||||||
| 26 | Public Aid, or the Illinois Department of Human Services, the | ||||||
| |||||||
| |||||||
| 1 | Department of Corrections shall provide written notification | ||||||
| 2 | of such residence to the following: | ||||||
| 3 | (1) The Prisoner Review Board. | ||||||
| 4 | (2) The chief of police and sheriff in the | ||||||
| 5 | municipality and county in which the licensed facility is | ||||||
| 6 | located. | ||||||
| 7 | The notification shall be provided within 3 days of the | ||||||
| 8 | person becoming a resident of the facility. | ||||||
| 9 | (d) Upon the release of a committed person on parole, | ||||||
| 10 | mandatory supervised release, final discharge, or pardon, the | ||||||
| 11 | Department shall provide such person with information | ||||||
| 12 | concerning programs and services of the Illinois Department of | ||||||
| 13 | Public Health to ascertain whether such person has been | ||||||
| 14 | exposed to the human immunodeficiency virus (HIV) or any | ||||||
| 15 | identified causative agent of Acquired Immunodeficiency | ||||||
| 16 | Syndrome (AIDS). | ||||||
| 17 | (d-5) Upon the release of a committed person from a | ||||||
| 18 | correctional institution or facility, the Department shall | ||||||
| 19 | provide the committed person with naloxone and a referral to a | ||||||
| 20 | harm reduction provider, as that term is defined in the | ||||||
| 21 | Holistic Overdose Prevention and Equity Act, as well as to the | ||||||
| 22 | substance use disorder treatment provider the prisoner was | ||||||
| 23 | receiving treatment from prior to incarceration or a new | ||||||
| 24 | provider, if that is the individual's preference, if | ||||||
| 25 | applicable. | ||||||
| 26 | (e) Upon the release of a committed person on parole, | ||||||
| |||||||
| |||||||
| 1 | mandatory supervised release, final discharge, pardon, or who | ||||||
| 2 | has been wrongfully imprisoned, the Department shall verify | ||||||
| 3 | the released person's full name, date of birth, and social | ||||||
| 4 | security number. If verification is made by the Department by | ||||||
| 5 | obtaining a certified copy of the released person's birth | ||||||
| 6 | certificate and the released person's social security card or | ||||||
| 7 | other documents authorized by the Secretary, the Department | ||||||
| 8 | shall provide the birth certificate and social security card | ||||||
| 9 | or other documents authorized by the Secretary to the released | ||||||
| 10 | person. If verification by the Department is done by means | ||||||
| 11 | other than obtaining a certified copy of the released person's | ||||||
| 12 | birth certificate and the released person's social security | ||||||
| 13 | card or other documents authorized by the Secretary, the | ||||||
| 14 | Department shall complete a verification form, prescribed by | ||||||
| 15 | the Secretary of State, and shall provide that verification | ||||||
| 16 | form to the released person. | ||||||
| 17 | (f) Forty-five days prior to the scheduled discharge of a | ||||||
| 18 | person committed to the custody of the Department of | ||||||
| 19 | Corrections, the Department shall give the person: | ||||||
| 20 | (1) who is otherwise uninsured an opportunity to apply | ||||||
| 21 | for health care coverage including medical assistance | ||||||
| 22 | under Article V of the Illinois Public Aid Code in | ||||||
| 23 | accordance with subsection (b) of Section 1-8.5 of the | ||||||
| 24 | Illinois Public Aid Code, and the Department of | ||||||
| 25 | Corrections shall provide assistance with completion of | ||||||
| 26 | the application for health care coverage including medical | ||||||
| |||||||
| |||||||
| 1 | assistance; | ||||||
| 2 | (2) information about obtaining a standard Illinois | ||||||
| 3 | Identification Card or a limited-term Illinois | ||||||
| 4 | Identification Card under Section 4 of the Illinois | ||||||
| 5 | Identification Card Act if the person has not been issued | ||||||
| 6 | an Illinois Identification Card under subsection (a-20) of | ||||||
| 7 | Section 4 of the Illinois Identification Card Act; | ||||||
| 8 | (3) information about voter registration and may | ||||||
| 9 | distribute information prepared by the State Board of | ||||||
| 10 | Elections. The Department of Corrections may enter into an | ||||||
| 11 | interagency contract with the State Board of Elections to | ||||||
| 12 | participate in the automatic voter registration program | ||||||
| 13 | and be a designated automatic voter registration agency | ||||||
| 14 | under Section 1A-16.2 of the Election Code; | ||||||
| 15 | (4) information about job listings upon discharge from | ||||||
| 16 | the correctional institution or facility; | ||||||
| 17 | (5) information about available housing upon discharge | ||||||
| 18 | from the correctional institution or facility; | ||||||
| 19 | (6) a directory of elected State officials and of | ||||||
| 20 | officials elected in the county and municipality, if any, | ||||||
| 21 | in which the committed person intends to reside upon | ||||||
| 22 | discharge from the correctional institution or facility; | ||||||
| 23 | and | ||||||
| 24 | (7) any other information that the Department of | ||||||
| 25 | Corrections deems necessary to provide the committed | ||||||
| 26 | person in order for the committed person to reenter the | ||||||
| |||||||
| |||||||
| 1 | community and avoid recidivism. | ||||||
| 2 | (g) Sixty days before the scheduled discharge of a person | ||||||
| 3 | committed to the custody of the Department or upon receipt of | ||||||
| 4 | the person's certified birth certificate and social security | ||||||
| 5 | card as set forth in subsection (d) of Section 3-8-1 of this | ||||||
| 6 | Act, whichever occurs later, the Department shall transmit an | ||||||
| 7 | application for an Identification Card to the Secretary of | ||||||
| 8 | State, in accordance with subsection (a-20) of Section 4 of | ||||||
| 9 | the Illinois Identification Card Act. | ||||||
| 10 | The Department may adopt rules to implement this Section. | ||||||
| 11 | (Source: P.A. 103-345, eff. 1-1-24; 104-11, eff. 6-20-25.) | ||||||
| 12 | Section 11-20. The County Jail Act is amended by adding | ||||||
| 13 | Sections 19.7 and 19.9 as follows: | ||||||
| 14 | (730 ILCS 125/19.7 new) | ||||||
| 15 | Sec. 19.7. Release; naloxone. Upon the release of a | ||||||
| 16 | prisoner from a jail, the warden shall provide the prisoner | ||||||
| 17 | with naloxone, subject to the availability of funding to | ||||||
| 18 | support the jail in obtaining a supply of naloxone, and a | ||||||
| 19 | referral to a harm reduction provider, as that term is defined | ||||||
| 20 | in the Holistic Overdose Prevention and Equity Act, as well as | ||||||
| 21 | to the substance use disorder treatment provider the prisoner | ||||||
| 22 | was receiving treatment from prior to incarceration or a new | ||||||
| 23 | provider, if that is the individual's preference, if | ||||||
| 24 | applicable. In counties with more than 3 million residents | ||||||
| |||||||
| |||||||
| 1 | that have a county hospital system that provides correctional | ||||||
| 2 | health services, the county hospital system shall also have a | ||||||
| 3 | role, as determined by the warden, in providing individuals | ||||||
| 4 | being released from a county correctional institution with | ||||||
| 5 | naloxone and a referral to a harm reduction provider. | ||||||
| 6 | (730 ILCS 125/19.9 new) | ||||||
| 7 | Sec. 19.9. Medication for opioid use disorder. | ||||||
| 8 | (a) In this Section: | ||||||
| 9 | "Clinically indicated" means a medical procedure or | ||||||
| 10 | treatment is based upon the treatment provider's medical | ||||||
| 11 | judgment in accordance with the current generally accepted | ||||||
| 12 | standards of care. | ||||||
| 13 | "Medication-assisted treatment" means the use of | ||||||
| 14 | FDA-approved medications, in combination with counseling and | ||||||
| 15 | behavioral therapies, to provide a whole patient approach to | ||||||
| 16 | the treatment of substance use disorders. | ||||||
| 17 | "Medications for opioid use disorder" means the use of | ||||||
| 18 | FDA-approved medications to treat substance use disorders. | ||||||
| 19 | (b) Within 24 hours of admission to a jail, each detained | ||||||
| 20 | person shall be screened for substance use disorders as part | ||||||
| 21 | of an initial and ongoing substance use screening and | ||||||
| 22 | assessment process. This process includes screening and | ||||||
| 23 | assessment for opioid use disorders. | ||||||
| 24 | (c) A detained person who is admitted to a jail while under | ||||||
| 25 | the medical care of a physician licensed to practice medicine | ||||||
| |||||||
| |||||||
| 1 | in all of its branches, a licensed physician assistant, or a | ||||||
| 2 | licensed advanced practice registered nurse and who is taking | ||||||
| 3 | medication at the time of admission in accordance with a valid | ||||||
| 4 | prescription, as verified by the individual's pharmacy of | ||||||
| 5 | record, primary care provider, other licensed care provider, | ||||||
| 6 | or a prescription monitoring or information system, shall have | ||||||
| 7 | that medication continued and provided by the jail pending an | ||||||
| 8 | evaluation by a physician licensed to practice medicine in all | ||||||
| 9 | of its branches, a licensed physician assistant, or a licensed | ||||||
| 10 | advanced practice registered nurse and subject to the | ||||||
| 11 | treatment provider's medical judgment. The jail may defer | ||||||
| 12 | provision of a validly prescribed medication in accordance | ||||||
| 13 | with this subsection if, in the judgment of a physician | ||||||
| 14 | licensed to practice medicine in all of its branches, a | ||||||
| 15 | licensed physician assistant, or a licensed advanced practice | ||||||
| 16 | registered nurse, continuation of the medication is no longer | ||||||
| 17 | clinically indicated. | ||||||
| 18 | A detained person who is admitted to a jail while under the | ||||||
| 19 | medical care of a physician licensed to practice medicine in | ||||||
| 20 | all of its branches, a licensed physician assistant, or a | ||||||
| 21 | licensed advanced practice registered nurse and who is taking | ||||||
| 22 | medication for an opioid use disorder or participating in | ||||||
| 23 | medication-assisted treatment at the time of admission in | ||||||
| 24 | accordance with a valid prescription, as verified by the | ||||||
| 25 | individual's pharmacy of record, primary care provider, other | ||||||
| 26 | licensed care provider, or a prescription monitoring or | ||||||
| |||||||
| |||||||
| 1 | information system, shall have the detained person's | ||||||
| 2 | medication continued and provided by the jail pending an | ||||||
| 3 | evaluation by a physician licensed to practice medicine in all | ||||||
| 4 | of its branches, a licensed physician assistant, or a licensed | ||||||
| 5 | advanced practice registered nurse and subject to the | ||||||
| 6 | treatment provider's medical judgment. The jail may defer | ||||||
| 7 | provision of a validly prescribed medication in accordance | ||||||
| 8 | with this subsection if, in the judgment of a physician | ||||||
| 9 | licensed to practice medicine in all of its branches, a | ||||||
| 10 | licensed physician assistant, or a licensed advanced practice | ||||||
| 11 | registered nurse, continuation of the medication is no longer | ||||||
| 12 | clinically indicated. An individual participating in a | ||||||
| 13 | medication-assisted treatment program may have counseling and | ||||||
| 14 | behavioral therapies continued to the extent possible. | ||||||
| 15 | If at any time a detained person screens positive as | ||||||
| 16 | having or being at risk for an opioid use disorder, is | ||||||
| 17 | diagnosed with an opioid use disorder, or is exhibiting | ||||||
| 18 | symptoms of withdrawal from an opioid use disorder and if | ||||||
| 19 | medication-assisted treatment is clinically indicated by a | ||||||
| 20 | physician licensed to practice medicine in all of its | ||||||
| 21 | branches, a licensed physician assistant, or a licensed | ||||||
| 22 | advanced practice registered nurse, then the individual may | ||||||
| 23 | consent to commence medications for opioid use disorder, which | ||||||
| 24 | shall be provided by the jail. The detained person shall be | ||||||
| 25 | authorized to receive the medication without delay and for as | ||||||
| 26 | long as clinically indicated. | ||||||
| |||||||
| |||||||
| 1 | (d) The licensed practitioner who makes the clinical | ||||||
| 2 | judgment to discontinue the use of medication shall enter the | ||||||
| 3 | reason for the discontinuance into the detained person's | ||||||
| 4 | medical record, specifically stating the reason for | ||||||
| 5 | discontinuance. The individual shall be provided, both orally | ||||||
| 6 | and in writing, with a specific explanation of the decision to | ||||||
| 7 | discontinue the medication. | ||||||
| 8 | (e) As part of the reentry planning, the jail shall | ||||||
| 9 | commence medications for opioid use disorder prior to an | ||||||
| 10 | individual's release if: | ||||||
| 11 | (1) the individual screens positive as having an | ||||||
| 12 | opioid use disorder, being at risk for an opioid use | ||||||
| 13 | disorder, or exhibiting symptoms of withdrawal from an | ||||||
| 14 | opioid use disorder; | ||||||
| 15 | (2) medication-assisted treatment is clinically | ||||||
| 16 | indicated by a physician licensed to practice medicine in | ||||||
| 17 | all of its branches, a licensed physician assistant, or a | ||||||
| 18 | licensed advanced practice registered nurse; and | ||||||
| 19 | (3) the individual consents to commence medications | ||||||
| 20 | for opioid use disorder. | ||||||
| 21 | Upon reentry, the jail shall provide an individual | ||||||
| 22 | participating in medication-assisted treatment with a referral | ||||||
| 23 | to a provider in the community who may assist the individual | ||||||
| 24 | with continued medications for opioid use disorder and | ||||||
| 25 | medication-assisted treatment care. | ||||||
| 26 | (f) The jail shall offer, or facilitate access to, all | ||||||
| |||||||
| |||||||
| 1 | medication-assisted treatment options deemed appropriate for | ||||||
| 2 | an individual by an authorized health care professional. The | ||||||
| 3 | jail shall not impose limitations on the types of | ||||||
| 4 | medication-assisted treatment that may be recommended by an | ||||||
| 5 | authorized health care professional as part of an individual's | ||||||
| 6 | treatment plan. | ||||||
| 7 | (g) This Section shall not apply to an individual jail | ||||||
| 8 | until the jail has been approved by the Department of | ||||||
| 9 | Healthcare and Family Services for provision of reentry | ||||||
| 10 | services under federal Medicaid waiver authorities, including | ||||||
| 11 | Section 1115 of the Social Security Act. | ||||||
| 12 | Section 11-25. The Overdose Prevention and Harm Reduction | ||||||
| 13 | Act is amended by adding Section 20 as follows: | ||||||
| 14 | (410 ILCS 710/20 new) | ||||||
| 15 | Sec. 20. Home rule preemption. A home rule unit may not | ||||||
| 16 | prohibit the establishment or operation of a needle and | ||||||
| 17 | hypodermic syringe access program as provided in this Act. | ||||||
| 18 | This Section is a denial and limitation of home rule powers and | ||||||
| 19 | functions under subsection (g) of Section 6 of Article VII of | ||||||
| 20 | the Illinois Constitution.". | ||||||
