Bill Amendment: IL HB4621 | 2023-2024 | 103rd General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: PRETRIAL SERVICES
Status: 2024-07-01 - Some provisions effective 7/01/2024; some provisions effective 07/01/2025 [HB4621 Detail]
Download: Illinois-2023-HB4621-House_Amendment_002.html
Bill Title: PRETRIAL SERVICES
Status: 2024-07-01 - Some provisions effective 7/01/2024; some provisions effective 07/01/2025 [HB4621 Detail]
Download: Illinois-2023-HB4621-House_Amendment_002.html
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| 1 | AMENDMENT TO HOUSE BILL 4621 | ||||||
| 2 | AMENDMENT NO. ______. Amend House Bill 4621 by replacing | ||||||
| 3 | everything after the enacting clause with the following:
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| 4 | "Section 5. The Substance Use Disorder Act is amended by | ||||||
| 5 | changing Section 5-23 as follows:
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| 6 | (20 ILCS 301/5-23) | ||||||
| 7 | Sec. 5-23. Drug Overdose Prevention Program. | ||||||
| 8 | (a) Reports. | ||||||
| 9 | (1) The Department may publish annually a report on | ||||||
| 10 | drug overdose trends statewide that reviews State death | ||||||
| 11 | rates from available data to ascertain changes in the | ||||||
| 12 | causes or rates of fatal and nonfatal drug overdose. The | ||||||
| 13 | report shall also provide information on interventions | ||||||
| 14 | that would be effective in reducing the rate of fatal or | ||||||
| 15 | nonfatal drug overdose and on the current substance use | ||||||
| 16 | disorder treatment capacity within the State. The report | ||||||
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| 1 | shall include an analysis of drug overdose information | ||||||
| 2 | reported to the Department of Public Health pursuant to | ||||||
| 3 | subsection (e) of Section 3-3013 of the Counties Code, | ||||||
| 4 | Section 6.14g of the Hospital Licensing Act, and | ||||||
| 5 | subsection (j) of Section 22-30 of the School Code. | ||||||
| 6 | (2) The report may include: | ||||||
| 7 | (A) Trends in drug overdose death rates. | ||||||
| 8 | (B) Trends in emergency room utilization related | ||||||
| 9 | to drug overdose and the cost impact of emergency room | ||||||
| 10 | utilization. | ||||||
| 11 | (C) Trends in utilization of pre-hospital and | ||||||
| 12 | emergency services and the cost impact of emergency | ||||||
| 13 | services utilization. | ||||||
| 14 | (D) Suggested improvements in data collection. | ||||||
| 15 | (E) A description of other interventions effective | ||||||
| 16 | in reducing the rate of fatal or nonfatal drug | ||||||
| 17 | overdose. | ||||||
| 18 | (F) A description of efforts undertaken to educate | ||||||
| 19 | the public about unused medication and about how to | ||||||
| 20 | properly dispose of unused medication, including the | ||||||
| 21 | number of registered collection receptacles in this | ||||||
| 22 | State, mail-back programs, and drug take-back events. | ||||||
| 23 | (G) An inventory of the State's substance use | ||||||
| 24 | disorder treatment capacity, including, but not | ||||||
| 25 | limited to: | ||||||
| 26 | (i) The number and type of licensed treatment | ||||||
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| 1 | programs in each geographic area of the State. | ||||||
| 2 | (ii) The availability of medication-assisted | ||||||
| 3 | treatment at each licensed program and which types | ||||||
| 4 | of medication-assisted treatment are available. | ||||||
| 5 | (iii) The number of recovery homes that accept | ||||||
| 6 | individuals using medication-assisted treatment in | ||||||
| 7 | their recovery. | ||||||
| 8 | (iv) The number of medical professionals | ||||||
| 9 | currently authorized to prescribe buprenorphine | ||||||
| 10 | and the number of individuals who fill | ||||||
| 11 | prescriptions for that medication at retail | ||||||
| 12 | pharmacies as prescribed. | ||||||
| 13 | (v) Any partnerships between programs licensed | ||||||
| 14 | by the Department and other providers of | ||||||
| 15 | medication-assisted treatment. | ||||||
| 16 | (vi) Any challenges in providing | ||||||
| 17 | medication-assisted treatment reported by programs | ||||||
| 18 | licensed by the Department and any potential | ||||||
| 19 | solutions. | ||||||
| 20 | (b) Programs; drug overdose prevention. | ||||||
| 21 | (1) The Department may establish a program to provide | ||||||
| 22 | for the production and publication, in electronic and | ||||||
| 23 | other formats, of drug overdose prevention, recognition, | ||||||
| 24 | and response literature. The Department may develop and | ||||||
| 25 | disseminate curricula for use by professionals, | ||||||
| 26 | organizations, individuals, or committees interested in | ||||||
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| 1 | the prevention of fatal and nonfatal drug overdose, | ||||||
| 2 | including, but not limited to, drug users, jail and prison | ||||||
| 3 | personnel, jail and prison inmates, drug treatment | ||||||
| 4 | professionals, emergency medical personnel, hospital | ||||||
| 5 | staff, families and associates of drug users, peace | ||||||
| 6 | officers, firefighters, public safety officers, needle | ||||||
| 7 | exchange program staff, and other persons. In addition to | ||||||
| 8 | information regarding drug overdose prevention, | ||||||
| 9 | recognition, and response, literature produced by the | ||||||
| 10 | Department shall stress that drug use remains illegal and | ||||||
| 11 | highly dangerous and that complete abstinence from illegal | ||||||
| 12 | drug use is the healthiest choice. The literature shall | ||||||
| 13 | provide information and resources for substance use | ||||||
| 14 | disorder treatment. | ||||||
| 15 | The Department may establish or authorize programs for | ||||||
| 16 | prescribing, dispensing, or distributing opioid | ||||||
| 17 | antagonists for the treatment of drug overdose. Such | ||||||
| 18 | programs may include the prescribing of opioid antagonists | ||||||
| 19 | for the treatment of drug overdose to a person who is not | ||||||
| 20 | at risk of opioid overdose but who, in the judgment of the | ||||||
| 21 | health care professional, may be in a position to assist | ||||||
| 22 | another individual during an opioid-related drug overdose | ||||||
| 23 | and who has received basic instruction on how to | ||||||
| 24 | administer an opioid antagonist. | ||||||
| 25 | (2) The Department may provide advice to State and | ||||||
| 26 | local officials on the growing drug overdose crisis, | ||||||
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| 1 | including the prevalence of drug overdose incidents, | ||||||
| 2 | programs promoting the disposal of unused prescription | ||||||
| 3 | drugs, trends in drug overdose incidents, and solutions to | ||||||
| 4 | the drug overdose crisis. | ||||||
| 5 | (3) The Department may support drug overdose | ||||||
| 6 | prevention, recognition, and response projects by | ||||||
| 7 | facilitating the acquisition of opioid antagonist | ||||||
| 8 | medication approved for opioid overdose reversal, | ||||||
| 9 | facilitating the acquisition of opioid antagonist | ||||||
| 10 | medication approved for opioid overdose reversal, | ||||||
| 11 | providing trainings in overdose prevention best practices, | ||||||
| 12 | connecting programs to medical resources, establishing a | ||||||
| 13 | statewide standing order for the acquisition of needed | ||||||
| 14 | medication, establishing learning collaboratives between | ||||||
| 15 | localities and programs, and assisting programs in | ||||||
| 16 | navigating any regulatory requirements for establishing or | ||||||
| 17 | expanding such programs. | ||||||
| 18 | (4) In supporting best practices in drug overdose | ||||||
| 19 | prevention programming, the Department may promote the | ||||||
| 20 | following programmatic elements: | ||||||
| 21 | (A) Training individuals who currently use drugs | ||||||
| 22 | in the administration of opioid antagonists approved | ||||||
| 23 | for the reversal of an opioid overdose. | ||||||
| 24 | (B) Directly distributing opioid antagonists | ||||||
| 25 | approved for the reversal of an opioid overdose rather | ||||||
| 26 | than providing prescriptions to be filled at a | ||||||
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| 1 | pharmacy. | ||||||
| 2 | (C) Conducting street and community outreach to | ||||||
| 3 | work directly with individuals who are using drugs. | ||||||
| 4 | (D) Employing community health workers or peer | ||||||
| 5 | recovery specialists who are familiar with the | ||||||
| 6 | communities served and can provide culturally | ||||||
| 7 | competent services. | ||||||
| 8 | (E) Collaborating with other community-based | ||||||
| 9 | organizations, substance use disorder treatment | ||||||
| 10 | centers, or other health care providers engaged in | ||||||
| 11 | treating individuals who are using drugs. | ||||||
| 12 | (F) Providing linkages for individuals to obtain | ||||||
| 13 | evidence-based substance use disorder treatment. | ||||||
| 14 | (G) Engaging individuals exiting jails or prisons | ||||||
| 15 | who are at a high risk of overdose. | ||||||
| 16 | (H) Providing education and training to | ||||||
| 17 | community-based organizations who work directly with | ||||||
| 18 | individuals who are using drugs and those individuals' | ||||||
| 19 | families and communities. | ||||||
| 20 | (I) Providing education and training on drug | ||||||
| 21 | overdose prevention and response to emergency | ||||||
| 22 | personnel and law enforcement. | ||||||
| 23 | (J) Informing communities of the important role | ||||||
| 24 | emergency personnel play in responding to accidental | ||||||
| 25 | overdose. | ||||||
| 26 | (K) Producing and distributing targeted mass media | ||||||
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| 1 | materials on drug overdose prevention and response, | ||||||
| 2 | the potential dangers of leaving unused prescription | ||||||
| 3 | drugs in the home, and the proper methods for | ||||||
| 4 | disposing of unused prescription drugs. | ||||||
| 5 | (c) Grants. | ||||||
| 6 | (1) The Department may award grants, in accordance | ||||||
| 7 | with this subsection, to create or support local drug | ||||||
| 8 | overdose prevention, recognition, and response projects. | ||||||
| 9 | Local health departments, correctional institutions, | ||||||
| 10 | hospitals, universities, community-based organizations, | ||||||
| 11 | and faith-based organizations may apply to the Department | ||||||
| 12 | for a grant under this subsection at the time and in the | ||||||
| 13 | manner the Department prescribes. Eligible grant | ||||||
| 14 | activities include, but are not limited to, purchasing and | ||||||
| 15 | distributing opioid antagonists, hiring peer recovery | ||||||
| 16 | specialists or other community members to conduct | ||||||
| 17 | community outreach, and hosting public health fairs or | ||||||
| 18 | events to distribute opioid antagonists, promote harm | ||||||
| 19 | reduction activities, and provide linkages to community | ||||||
| 20 | partners. | ||||||
| 21 | (2) In awarding grants, the Department shall consider | ||||||
| 22 | the overall rate of opioid overdose, the rate of increase | ||||||
| 23 | in opioid overdose, and racial disparities in opioid | ||||||
| 24 | overdose experienced by the communities to be served by | ||||||
| 25 | grantees. The Department shall encourage all grant | ||||||
| 26 | applicants to develop interventions that will be effective | ||||||
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| 1 | and viable in their local areas. | ||||||
| 2 | (3) (Blank). | ||||||
| 3 | (3.5) Any hospital licensed under the Hospital | ||||||
| 4 | Licensing Act or organized under the University of | ||||||
| 5 | Illinois Hospital Act shall be deemed to have met the | ||||||
| 6 | standards and requirements set forth in this Section to | ||||||
| 7 | enroll in the drug overdose prevention program upon | ||||||
| 8 | completion of the enrollment process except that proof of | ||||||
| 9 | a standing order and attestation of programmatic | ||||||
| 10 | requirements shall be waived for enrollment purposes. | ||||||
| 11 | Reporting mandated by enrollment shall be necessary to | ||||||
| 12 | carry out or attain eligibility for associated resources | ||||||
| 13 | under this Section for drug overdose prevention projects | ||||||
| 14 | operated on the licensed premises of the hospital and | ||||||
| 15 | operated by the hospital or its designated agent. The | ||||||
| 16 | Department shall streamline hospital enrollment for drug | ||||||
| 17 | overdose prevention programs by accepting such deemed | ||||||
| 18 | status under this Section in order to reduce barriers to | ||||||
| 19 | hospital participation in drug overdose prevention, | ||||||
| 20 | recognition, or response projects. | ||||||
| 21 | (4) In addition to moneys appropriated by the General | ||||||
| 22 | Assembly, the Department may seek grants from private | ||||||
| 23 | foundations, the federal government, and other sources to | ||||||
| 24 | fund the grants under this Section and to fund an | ||||||
| 25 | evaluation of the programs supported by the grants. | ||||||
| 26 | (d) Health care professional prescription of opioid | ||||||
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| 1 | antagonists. | ||||||
| 2 | (1) A health care professional who, acting in good | ||||||
| 3 | faith, directly or by standing order, prescribes or | ||||||
| 4 | dispenses an opioid antagonist to: (a) a patient who, in | ||||||
| 5 | the judgment of the health care professional, is capable | ||||||
| 6 | of administering the drug in an emergency, or (b) a person | ||||||
| 7 | who is not at risk of opioid overdose but who, in the | ||||||
| 8 | judgment of the health care professional, may be in a | ||||||
| 9 | position to assist another individual during an | ||||||
| 10 | opioid-related drug overdose and who has received basic | ||||||
| 11 | instruction on how to administer an opioid antagonist | ||||||
| 12 | shall not, as a result of his or her acts or omissions, be | ||||||
| 13 | subject to: (i) any disciplinary or other adverse action | ||||||
| 14 | under the Medical Practice Act of 1987, the Physician | ||||||
| 15 | Assistant Practice Act of 1987, the Nurse Practice Act, | ||||||
| 16 | the Pharmacy Practice Act, or any other professional | ||||||
| 17 | licensing statute or (ii) any criminal liability, except | ||||||
| 18 | for willful and wanton misconduct. | ||||||
| 19 | (1.5) Notwithstanding any provision of or requirement | ||||||
| 20 | otherwise imposed by the Pharmacy Practice Act, the | ||||||
| 21 | Medical Practice Act of 1987, or any other law or rule, | ||||||
| 22 | including, but not limited to, any requirement related to | ||||||
| 23 | labeling, storage, or recordkeeping, a health care | ||||||
| 24 | professional or other person acting under the direction of | ||||||
| 25 | a health care professional may, directly or by standing | ||||||
| 26 | order, obtain, store, and dispense an opioid antagonist to | ||||||
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| 1 | a patient in a facility that includes, but is not limited | ||||||
| 2 | to, a hospital, a hospital affiliate, or a federally | ||||||
| 3 | qualified health center if the patient information | ||||||
| 4 | specified in paragraph (4) of this subsection is provided | ||||||
| 5 | to the patient. A person acting in accordance with this | ||||||
| 6 | paragraph shall not, as a result of his or her acts or | ||||||
| 7 | omissions, be subject to: (i) any disciplinary or other | ||||||
| 8 | adverse action under the Medical Practice Act of 1987, the | ||||||
| 9 | Physician Assistant Practice Act of 1987, the Nurse | ||||||
| 10 | Practice Act, the Pharmacy Practice Act, or any other | ||||||
| 11 | professional licensing statute; or (ii) any criminal | ||||||
| 12 | liability, except for willful and wanton misconduct. | ||||||
| 13 | (2) A person who is not otherwise licensed to | ||||||
| 14 | administer an opioid antagonist may in an emergency | ||||||
| 15 | administer without fee an opioid antagonist if the person | ||||||
| 16 | has received the patient information specified in | ||||||
| 17 | paragraph (4) of this subsection and believes in good | ||||||
| 18 | faith that another person is experiencing a drug overdose. | ||||||
| 19 | The person shall not, as a result of his or her acts or | ||||||
| 20 | omissions, be (i) liable for any violation of the Medical | ||||||
| 21 | Practice Act of 1987, the Physician Assistant Practice Act | ||||||
| 22 | of 1987, the Nurse Practice Act, the Pharmacy Practice | ||||||
| 23 | Act, or any other professional licensing statute, or (ii) | ||||||
| 24 | subject to any criminal prosecution or civil liability, | ||||||
| 25 | except for willful and wanton misconduct. | ||||||
| 26 | (3) A health care professional prescribing an opioid | ||||||
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| 1 | antagonist to a patient shall ensure that the patient | ||||||
| 2 | receives the patient information specified in paragraph | ||||||
| 3 | (4) of this subsection. Patient information may be | ||||||
| 4 | provided by the health care professional or a | ||||||
| 5 | community-based organization, substance use disorder | ||||||
| 6 | program, or other organization with which the health care | ||||||
| 7 | professional establishes a written agreement that includes | ||||||
| 8 | a description of how the organization will provide patient | ||||||
| 9 | information, how employees or volunteers providing | ||||||
| 10 | information will be trained, and standards for documenting | ||||||
| 11 | the provision of patient information to patients. | ||||||
| 12 | Provision of patient information shall be documented in | ||||||
| 13 | the patient's medical record or through similar means as | ||||||
| 14 | determined by agreement between the health care | ||||||
| 15 | professional and the organization. The Department, in | ||||||
| 16 | consultation with statewide organizations representing | ||||||
| 17 | physicians, pharmacists, advanced practice registered | ||||||
| 18 | nurses, physician assistants, substance use disorder | ||||||
| 19 | programs, and other interested groups, shall develop and | ||||||
| 20 | disseminate to health care professionals, community-based | ||||||
| 21 | organizations, substance use disorder programs, and other | ||||||
| 22 | organizations training materials in video, electronic, or | ||||||
| 23 | other formats to facilitate the provision of such patient | ||||||
| 24 | information. | ||||||
| 25 | (4) For the purposes of this subsection: | ||||||
| 26 | "Opioid antagonist" means a drug that binds to opioid | ||||||
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| 1 | receptors and blocks or inhibits the effect of opioids | ||||||
| 2 | acting on those receptors, including, but not limited to, | ||||||
| 3 | naloxone hydrochloride or any other similarly acting drug | ||||||
| 4 | approved by the U.S. Food and Drug Administration. | ||||||
| 5 | "Health care professional" means a physician licensed | ||||||
| 6 | to practice medicine in all its branches, a licensed | ||||||
| 7 | physician assistant with prescriptive authority, a | ||||||
| 8 | licensed advanced practice registered nurse with | ||||||
| 9 | prescriptive authority, an advanced practice registered | ||||||
| 10 | nurse or physician assistant who practices in a hospital, | ||||||
| 11 | hospital affiliate, or ambulatory surgical treatment | ||||||
| 12 | center and possesses appropriate clinical privileges in | ||||||
| 13 | accordance with the Nurse Practice Act, or a pharmacist | ||||||
| 14 | licensed to practice pharmacy under the Pharmacy Practice | ||||||
| 15 | Act. | ||||||
| 16 | "Patient" includes a person who is not at risk of | ||||||
| 17 | opioid overdose but who, in the judgment of the physician, | ||||||
| 18 | advanced practice registered nurse, or physician | ||||||
| 19 | assistant, may be in a position to assist another | ||||||
| 20 | individual during an overdose and who has received patient | ||||||
| 21 | information as required in paragraph (2) of this | ||||||
| 22 | subsection on the indications for and administration of an | ||||||
| 23 | opioid antagonist. | ||||||
| 24 | "Patient information" includes information provided to | ||||||
| 25 | the patient on drug overdose prevention and recognition; | ||||||
| 26 | how to perform rescue breathing and resuscitation; opioid | ||||||
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| 1 | antagonist dosage and administration; the importance of | ||||||
| 2 | calling 911; care for the overdose victim after | ||||||
| 3 | administration of the overdose antagonist; and other | ||||||
| 4 | issues as necessary. | ||||||
| 5 | (e) Drug overdose response policy. | ||||||
| 6 | (1) Every State and local government agency that | ||||||
| 7 | employs a law enforcement officer or fireman as those | ||||||
| 8 | terms are defined in the Line of Duty Compensation Act | ||||||
| 9 | must possess opioid antagonists and must establish a | ||||||
| 10 | policy to control the acquisition, storage, | ||||||
| 11 | transportation, and administration of such opioid | ||||||
| 12 | antagonists and to provide training in the administration | ||||||
| 13 | of opioid antagonists. A State or local government agency | ||||||
| 14 | that employs a probation officer, as defined in Section 9b | ||||||
| 15 | of the Probation and Probation Officers Act, or a fireman | ||||||
| 16 | as defined in the Line of Duty Compensation Act but does | ||||||
| 17 | not respond to emergency medical calls or provide medical | ||||||
| 18 | services shall be exempt from this subsection. | ||||||
| 19 | (2) Every publicly or privately owned ambulance, | ||||||
| 20 | special emergency medical services vehicle, non-transport | ||||||
| 21 | vehicle, or ambulance assist vehicle, as described in the | ||||||
| 22 | Emergency Medical Services (EMS) Systems Act, that | ||||||
| 23 | responds to requests for emergency services or transports | ||||||
| 24 | patients between hospitals in emergency situations must | ||||||
| 25 | possess opioid antagonists. | ||||||
| 26 | (3) Entities that are required under paragraphs (1) | ||||||
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| 1 | and (2) to possess opioid antagonists may also apply to | ||||||
| 2 | the Department for a grant to fund the acquisition of | ||||||
| 3 | opioid antagonists and training programs on the | ||||||
| 4 | administration of opioid antagonists. | ||||||
| 5 | (Source: P.A. 101-356, eff. 8-9-19; 102-598, eff. 1-1-22.)
| ||||||
| 6 | Section 10. The Pretrial Services Act is amended by | ||||||
| 7 | changing Sections 1, 1.5, 2, 3, 4, 5, 8, 9, 10, 12, 13, 14, 15, | ||||||
| 8 | 17, 22, 24, 30, and 33 and by adding Sections 0.02, 0.03, and | ||||||
| 9 | 0.04 as follows:
| ||||||
| 10 | (725 ILCS 185/0.02 new) | ||||||
| 11 | Sec. 0.02. Definitions. In this Act: | ||||||
| 12 | "Director" means the Director of the Office of Statewide | ||||||
| 13 | Pretrial Services. | ||||||
| 14 | "Local pretrial services" means a pretrial services other | ||||||
| 15 | than the Office who is providing pretrial services. | ||||||
| 16 | "Pretrial services" means any providing services to the | ||||||
| 17 | circuit court as provided for in this Act, including the | ||||||
| 18 | Office. | ||||||
| 19 | "Office" means the Office of Statewide Pretrial Services.
| ||||||
| 20 | (725 ILCS 185/0.03 new) | ||||||
| 21 | Sec. 0.03. Office of Statewide Pretrial Services; | ||||||
| 22 | establishment. There is established in the judicial branch of | ||||||
| 23 | State government an office to be known as the Office of | ||||||
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| 1 | Statewide Pretrial Services. This office shall be under the | ||||||
| 2 | supervision and direction of a Director who shall be appointed | ||||||
| 3 | by a vote of a majority of the Illinois Supreme Court Justices | ||||||
| 4 | for a 4-year term and until a successor is appointed and | ||||||
| 5 | qualified. The Director shall adopt rules, instructions, and | ||||||
| 6 | orders, consistent with this Act, further defining the | ||||||
| 7 | organization of this office and the duties of its employees. | ||||||
| 8 | The Illinois Supreme Court shall approve or modify an | ||||||
| 9 | operational budget submitted to it by the Office of Statewide | ||||||
| 10 | Pretrial Services and set the number of employees each year.
| ||||||
| 11 | (725 ILCS 185/0.04 new) | ||||||
| 12 | Sec. 0.04. Powers and duties. | ||||||
| 13 | (a) The Office shall provide pretrial services as provided | ||||||
| 14 | in Section 7 to circuit courts or counties without existing | ||||||
| 15 | pretrial services agencies. | ||||||
| 16 | (b) The Office shall develop, establish, adopt, and | ||||||
| 17 | enforce uniform standards for pretrial services in this State. | ||||||
| 18 | (c) The Office may: | ||||||
| 19 | (1) hire and train State employed pretrial personnel; | ||||||
| 20 | (2) establish qualifications for pretrial officers as | ||||||
| 21 | to hiring, promotion, and training; | ||||||
| 22 | (3) establish a system of training and orientation for | ||||||
| 23 | local pretrial services agencies; | ||||||
| 24 | (4) Develop standards and approve employee | ||||||
| 25 | compensation schedules for local pretrial services | ||||||
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| 1 | agencies; | ||||||
| 2 | (5) establish a system of uniform forms; | ||||||
| 3 | (6) develop standards for a system of recordkeeping | ||||||
| 4 | for local pretrial services agencies; | ||||||
| 5 | (7) gather statistics and develop research for | ||||||
| 6 | planning of pretrial services in Illinois; | ||||||
| 7 | (8) establish a means of verifying the conditions for | ||||||
| 8 | reimbursement under this Act for local pretrial services | ||||||
| 9 | agencies and develop criteria for approved costs for | ||||||
| 10 | reimbursement; | ||||||
| 11 | (9) monitor and evaluate all pretrial programs | ||||||
| 12 | operated by local pretrial services agencies; | ||||||
| 13 | (10) review and approve annual plans submitted by | ||||||
| 14 | local pretrial services agencies; and | ||||||
| 15 | (11) establish such other standards and regulations | ||||||
| 16 | and do all acts necessary to carry out the intent and | ||||||
| 17 | purposes of this Act.
| ||||||
| 18 | (725 ILCS 185/1) (from Ch. 38, par. 301) | ||||||
| 19 | Sec. 1. Pretrial services shall be provided by a local | ||||||
| 20 | pretrial services agency or the Office. The pretrial services | ||||||
| 21 | agency shall provide Each circuit court shall establish a | ||||||
| 22 | pretrial services agency to provide the circuit court with | ||||||
| 23 | accurate background data regarding the pretrial release of | ||||||
| 24 | persons charged with felonies and effective supervision of | ||||||
| 25 | compliance with the terms and conditions imposed on release. | ||||||
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| |||||||
| 1 | (Source: P.A. 84-1449.)
| ||||||
| 2 | (725 ILCS 185/1.5) | ||||||
| 3 | Sec. 1.5. Framework facilitating the hiring and training | ||||||
| 4 | of new State-employed pretrial services personnel to serve | ||||||
| 5 | circuit courts or counties without existing pretrial services | ||||||
| 6 | agencies. Notwithstanding anything in this Act to the | ||||||
| 7 | contrary, the Office shall hire Supreme Court is encouraged to | ||||||
| 8 | establish a framework that facilitates the hiring and train | ||||||
| 9 | training of new State-employed pretrial services personnel to | ||||||
| 10 | serve circuit courts or counties without existing pretrial | ||||||
| 11 | services agencies, as required by Section 1. Nothing in this | ||||||
| 12 | amendatory Act of the 103rd General Assembly shall be | ||||||
| 13 | constructed to invalidate, diminish, or otherwise interfere | ||||||
| 14 | with any collective bargaining agreement or representation | ||||||
| 15 | rights under the Illinois Public Labor Relations Act, if | ||||||
| 16 | applicable. | ||||||
| 17 | (Source: P.A. 102-694, eff. 1-7-22.)
| ||||||
| 18 | (725 ILCS 185/2) (from Ch. 38, par. 302) | ||||||
| 19 | Sec. 2. Local pretrial Pretrial services agencies may be | ||||||
| 20 | independent divisions of the circuit courts accountable to the | ||||||
| 21 | chief judge or his designee for program activities. The | ||||||
| 22 | agencies shall be supervised by a program director appointed | ||||||
| 23 | by the chief judge and removable for cause. The chief judge or | ||||||
| 24 | his designee shall have the authority to hire, terminate or | ||||||
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| |||||||
| 1 | discipline local pretrial services agency personnel on | ||||||
| 2 | recommendation of the program director. | ||||||
| 3 | (Source: P.A. 84-1449.)
| ||||||
| 4 | (725 ILCS 185/3) (from Ch. 38, par. 303) | ||||||
| 5 | Sec. 3. Pretrial services shall be provided by the Office | ||||||
| 6 | The functions of the pretrial services agency shall be | ||||||
| 7 | assigned to the Department of Probation and Court Services or | ||||||
| 8 | other arm of the court where the volume of criminal | ||||||
| 9 | proceedings does not justify the establishment of a local | ||||||
| 10 | pretrial services agency separate division. | ||||||
| 11 | (Source: P.A. 84-1449.)
| ||||||
| 12 | (725 ILCS 185/4) (from Ch. 38, par. 304) | ||||||
| 13 | Sec. 4. All local pretrial services agency personnel shall | ||||||
| 14 | be full-time employees supervised by the director and, except | ||||||
| 15 | for secretarial staff, subject to the hiring and training | ||||||
| 16 | requirements established by the Office Supreme Court as | ||||||
| 17 | provided in "An Act providing for a system of probation, for | ||||||
| 18 | the appointment and compensation of probation officers, and | ||||||
| 19 | authorizing the suspension of final judgment and the | ||||||
| 20 | imposition of sentence upon persons found guilty of certain | ||||||
| 21 | defined crimes and offenses, and legalizing their ultimate | ||||||
| 22 | discharge without punishment", approved June 10, 1911, as | ||||||
| 23 | amended. | ||||||
| 24 | (Source: P.A. 84-1449.)
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| |||||||
| 1 | (725 ILCS 185/5) (from Ch. 38, par. 305) | ||||||
| 2 | Sec. 5. The compensation for local pretrial services | ||||||
| 3 | agency personnel shall be commensurate with salaries and other | ||||||
| 4 | benefits accorded probation department employees. | ||||||
| 5 | (Source: P.A. 84-1449.)
| ||||||
| 6 | (725 ILCS 185/8) (from Ch. 38, par. 308) | ||||||
| 7 | Sec. 8. In addition to the foregoing, local pretrial | ||||||
| 8 | services agencies may with the approval of the chief judge | ||||||
| 9 | provide one or more of the following services to the circuit | ||||||
| 10 | court: | ||||||
| 11 | (a) Supervise compliance with the terms and conditions | ||||||
| 12 | imposed by the courts for appeal bonds; and | ||||||
| 13 | (b) Assist in such other pretrial services activities as | ||||||
| 14 | may be delegated to the agency by the court. | ||||||
| 15 | (Source: P.A. 84-1449.)
| ||||||
| 16 | (725 ILCS 185/9) (from Ch. 38, par. 309) | ||||||
| 17 | Sec. 9. Pretrial services agencies shall have standing | ||||||
| 18 | court authority to interview and process all persons charged | ||||||
| 19 | with non-capital felonies either before or after first | ||||||
| 20 | appearance if the person is in custody. The chief judge and | ||||||
| 21 | program director of the pretrial services agency may establish | ||||||
| 22 | interviewing priorities where resources do not permit total | ||||||
| 23 | coverage, but no other criteria shall be employed to exclude | ||||||
| |||||||
| |||||||
| 1 | categories of offenses or offenders from program operations. | ||||||
| 2 | (Source: P.A. 84-1449.)
| ||||||
| 3 | (725 ILCS 185/10) (from Ch. 38, par. 310) | ||||||
| 4 | Sec. 10. The chief judge and program director of the local | ||||||
| 5 | pretrial services agency shall continuously assess the | ||||||
| 6 | benefits of agency intervention before or after the first | ||||||
| 7 | appearance of accused persons. In determining the best | ||||||
| 8 | allocation of available resources, consideration shall be | ||||||
| 9 | given to current release practices of first appearance judges | ||||||
| 10 | in misdemeanor and lesser felony cases; the logistics of | ||||||
| 11 | pre-first appearance intervention where decentralized | ||||||
| 12 | detention facilities are utilized; the availability of | ||||||
| 13 | verification resources for pre-first appearance intervention; | ||||||
| 14 | and the ultimate goal of prompt and informed determinations of | ||||||
| 15 | pretrial release conditions. | ||||||
| 16 | (Source: P.A. 84-1449.)
| ||||||
| 17 | (725 ILCS 185/12) (from Ch. 38, par. 312) | ||||||
| 18 | Sec. 12. Interviews shall be individually conducted by | ||||||
| 19 | agency personnel in facilities or locations which assure an | ||||||
| 20 | adequate opportunity for discussion, consistent with security | ||||||
| 21 | needs. | ||||||
| 22 | The chief judge or his designee shall maintain a | ||||||
| 23 | continuous liaison between the pretrial services agency | ||||||
| 24 | director and the sheriff, or other affected law enforcement | ||||||
| |||||||
| |||||||
| 1 | agencies, to assure that pretrial services interviewers have | ||||||
| 2 | prompt access consistent with security and law enforcement | ||||||
| 3 | needs to all prisoners after booking. | ||||||
| 4 | (Source: P.A. 84-1449.)
| ||||||
| 5 | (725 ILCS 185/13) (from Ch. 38, par. 313) | ||||||
| 6 | Sec. 13. Information received from the arrested person as | ||||||
| 7 | a result of the agency interview shall be recorded on uniform | ||||||
| 8 | interview forms created by the Office. | ||||||
| 9 | (Source: P.A. 84-1449.)
| ||||||
| 10 | (725 ILCS 185/14) (from Ch. 38, par. 314) | ||||||
| 11 | Sec. 14. The pretrial services agency shall, after | ||||||
| 12 | interviewing arrestees, immediately verify and supplement the | ||||||
| 13 | information required by the uniform interview form before | ||||||
| 14 | submitting its report to the court. Minimum verification shall | ||||||
| 15 | include the interviewee's prior criminal record, residency, | ||||||
| 16 | and employment circumstances. The chief judge or his designee | ||||||
| 17 | shall assist the pretrial services agency program director in | ||||||
| 18 | establishing and maintaining cooperation with the circuit | ||||||
| 19 | clerk and law enforcement information systems to assure the | ||||||
| 20 | prompt verification of prior criminal records. | ||||||
| 21 | (Source: P.A. 84-1449.)
| ||||||
| 22 | (725 ILCS 185/15) (from Ch. 38, par. 315) | ||||||
| 23 | Sec. 15. Verified and supplemental information assembled | ||||||
| |||||||
| |||||||
| 1 | by the pretrial services agency shall be recorded on a uniform | ||||||
| 2 | reporting form established by the Office Supreme Court. | ||||||
| 3 | (Source: P.A. 84-1449.)
| ||||||
| 4 | (725 ILCS 185/17) (from Ch. 38, par. 317) | ||||||
| 5 | Sec. 17. Reports shall be in writing, signed by an | ||||||
| 6 | authorized representative of the pretrial services agency, and | ||||||
| 7 | prepared on the uniform reporting form. Copies of the report | ||||||
| 8 | shall be provided to all parties and counsel of record. If the | ||||||
| 9 | report is filed with the court, the court shall deny public | ||||||
| 10 | access to the report. | ||||||
| 11 | (Source: P.A. 84-1449.)
| ||||||
| 12 | (725 ILCS 185/22) (from Ch. 38, par. 322) | ||||||
| 13 | Sec. 22. If so ordered by the court, the pretrial services | ||||||
| 14 | agency shall prepare and submit for the court's approval and | ||||||
| 15 | signature a uniform release order on the uniform form | ||||||
| 16 | established by the Office Supreme Court in all cases where an | ||||||
| 17 | interviewee may be released from custody under conditions | ||||||
| 18 | contained in an agency report. Such conditions shall become | ||||||
| 19 | part of the conditions of pretrial release. A copy of the | ||||||
| 20 | uniform release order shall be provided to the defendant and | ||||||
| 21 | defendant's attorney of record, and the prosecutor. | ||||||
| 22 | (Source: P.A. 101-652, eff. 1-1-23.)
| ||||||
| 23 | (725 ILCS 185/24) (from Ch. 38, par. 324) | ||||||
| |||||||
| |||||||
| 1 | Sec. 24. Where functions of the local pretrial services | ||||||
| 2 | agency have been delegated to a probation department or other | ||||||
| 3 | arm of the court under Section 3, their records shall be | ||||||
| 4 | segregated from other records. Two years after the date of the | ||||||
| 5 | first interview with a pretrial services agency | ||||||
| 6 | representative, the defendant may apply to the chief circuit | ||||||
| 7 | judge, or a judge designated by the chief circuit judge for | ||||||
| 8 | these purposes, for an order expunging from the records of the | ||||||
| 9 | pretrial services agency all files pertaining to the | ||||||
| 10 | defendant. | ||||||
| 11 | (Source: P.A. 84-1449.)
| ||||||
| 12 | (725 ILCS 185/30) (from Ch. 38, par. 330) | ||||||
| 13 | Sec. 30. Records and statistics shall be maintained by | ||||||
| 14 | local pretrial services agencies of their operations and | ||||||
| 15 | effect upon the criminal justice system, with monthly reports | ||||||
| 16 | submitted to the circuit court and the Office Supreme Court on | ||||||
| 17 | a uniform statistical form developed by the Supreme Court. | ||||||
| 18 | (Source: P.A. 84-1449.)
| ||||||
| 19 | (725 ILCS 185/33) (from Ch. 38, par. 333) | ||||||
| 20 | Sec. 33. The Office Supreme Court shall pay from funds | ||||||
| 21 | appropriated to it for this purpose 100% of all approved costs | ||||||
| 22 | for pretrial services, including pretrial services officers, | ||||||
| 23 | necessary support personnel, travel costs reasonably related | ||||||
| 24 | to the delivery of pretrial services, space costs, equipment, | ||||||
| |||||||
| |||||||
| 1 | telecommunications, postage, commodities, printing and | ||||||
| 2 | contractual services. Costs shall be reimbursed monthly, based | ||||||
| 3 | on an annual a plan and budget approved by the Office Supreme | ||||||
| 4 | Court. No department may be reimbursed for costs which exceed | ||||||
| 5 | or are not provided for in the approved annual plan and budget. | ||||||
| 6 | The Mandatory Arbitration Fund may be used to reimburse | ||||||
| 7 | approved costs for pretrial services. | ||||||
| 8 | (Source: P.A. 94-91, eff. 7-1-05; 94-839, eff. 6-6-06; 95-331, | ||||||
| 9 | eff. 8-21-07; 95-707, eff. 1-11-08.)
| ||||||
| 10 | (725 ILCS 185/6 rep.) | ||||||
| 11 | Section 15. The Pretrial Services Act is amended by | ||||||
| 12 | repealing Section 6.
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