Bill Text: IL HB3806 | 2017-2018 | 100th General Assembly | Engrossed

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Bill Title: Amends the Alcoholism and Other Drug Abuse and Dependency Act. Requires the Department of Human Services, upon request, to provide DUI service providers licensed by the State and any court, as defined, with copies of identification and arrest data the Department receives from federal, State, and local law enforcement agencies. Establishes the DUI Service Provider Effectiveness Program Exploratory Committee to create an audit and evaluation process that permits the evaluation of treatment and intervention outcomes of licensed DUI service providers so that persons interested in DUI treatment or intervention services can make informed decisions concerning provider selection and courts can better determine which DUI service providers to keep on their approved-provider lists. Contains provisions concerning membership on the Committee, initial appointments, voting rights, reporting requirements, and other matters. Requires the Committee to prepare and publish in a central publication information obtained through the audit and evaluation process established by the Committee, but not before performing certain tasks, including the development of: (i) a process and statistical method of outcome analysis and research that targets DUI recidivism as a measure of the treatment or intervention effectiveness of each DUI service provider; and (ii) a standardized method or process by which a court may consult and collaborate with a DUI service provider whose program of DUI treatment or intervention services fails to meet or adequately address the needs of clients residing within the court's judicial circuit. Amends the Illinois Vehicle Code. Adds a requirement concerning DUI treatment review surveys. Effective immediately.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Failed) 2019-01-08 - Session Sine Die [HB3806 Detail]

Download: Illinois-2017-HB3806-Engrossed.html

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AN ACT concerning State government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Alcoholism and Other Drug Abuse and
Dependency Act is amended by adding Section 10-65 as follows:
(20 ILCS 301/10-65 new)
Sec. 10-65. DUI Service Provider Effectiveness Program
Exploratory Committee.
(a) As used in this Section:
"Client" means a person who receives DUI treatment or
intervention services from a DUI service provider.
"Court" means a court of law, traffic tribunal, or circuit
court of Illinois, including a judge of a court of law, traffic
tribunal, or circuit court of Illinois.
"DUI" means a conviction under Section 11-501 of the
Illinois Vehicle Code.
"DUI service provider" means a provider that provides DUI
evaluation and risk education services and programs to DUI
offenders, including, but not limited to, court-ordered DUI
evaluation, intervention, or treatment services and that:
(1) possesses a treatment license as provided in 77
Ill. Adm. Code 2060.201; or
(2) possesses an intervention license as provided in 77

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Ill. Adm. Code 2060.201 and provides DUI Risk Education or
Recovery Home Services as defined in 77 Ill. Adm. Code
2060.201.
(b) The DUI Service Provider Effectiveness Program
Exploratory Committee is established to create an audit and
evaluation process that permits the evaluation of treatment and
intervention outcomes of DUI service providers licensed in the
State so that persons interested in DUI treatment or
intervention services can make informed decisions concerning
provider selection and courts can better determine which DUI
service providers to keep on their approved-provider lists.
Information obtained through the audit and evaluation process
shall be made accessible to persons interested in DUI treatment
or intervention services, including DUI service providers,
courts, and the public, through a central publication as
provided in subsection (j).
(c) The Committee shall consist of the following members:
(1) One State's Attorney appointed by the President of
the Illinois State's Attorneys Association.
(2) At least one but no more than 3 traffic judges
appointed by the Chief Justice of the Illinois Supreme
Court.
(3) At least one but no more than 3 local law
enforcement officers appointed by the Governor.
(4) One physician licensed to practice medicine in all
its branches appointed by the Governor with due regard for

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the appointee's knowledge in the field of alcoholism and
other drug abuse and dependency.
(5) One representative of a trade or professional
organization that advocates on behalf of DUI service
providers.
(6) One representative of a trade or professional
organization that advocates on behalf of physicians
trained in psychiatry.
(7) One representative of an organization that
advocates on behalf of persons who suffer with mental
illness and substance abuse disorders and who live in rural
areas or medically underserved areas.
(8) At least 2 but no more than 6 members of the
Illinois House of Representatives, half of whom shall be
appointed by the Speaker of the House and half of whom
shall be appointed by the House Minority Leader.
(9) At least 2 but no more than 6 members of the
Illinois Senate, half of whom shall be appointed by the
Senate President and half of whom shall be appointed by the
Senate Minority Leader.
(10) The President of the Illinois Alcoholism and Drug
Dependence Association or his or her designee.
(11) The President of the Community Behavioral
Healthcare Association of Illinois or his or her designee.
(12) Twenty public members appointed as follows:
(A) 8 by the Governor, 2 of whom shall be

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representatives of alcoholism or other drug abuse and
dependency treatment or intervention programs and 2 of
whom shall be researchers with experience in outcome
analysis and research studies as defined in paragraph
(1) of subsection (j); and
(B) 3 each by the President of the Senate, the
Minority Leader of the Senate, the Speaker of the House
of Representatives, and the Minority Leader of the
House of Representatives.
(13) The Director, Secretary, or other chief
administrative officer, ex officio, or his or her designee,
of each of the following: the Department of Public Health
and the Administrative Office of the Illinois Courts.
(14) The Assistant Director of the Division of
Probation Services within the Administrative Office of the
Illinois Courts, ex officio, or his or her designee.
(15) The Chair of the Criminal Justice Information
Authority or other chief administrative officer, ex
officio.
(16) The Secretary of State, ex officio, or his or her
designee.
(17) At least one but no more than 3 persons who have
received DUI intervention or treatment services from DUI
service providers, with a preference toward those persons
who have committed more than one violation of Section
11-501 of the Illinois Vehicle Code subsequent to receiving

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treatment or intervention services from multiple DUI
service providers.
(d) The Chief Justice of the Illinois Supreme Court shall
select, from among one of his or her appointments made under
paragraph (2) of subsection (c), a traffic judge to be the
Chairperson of the Committee. The Chairperson shall schedule
meetings, take attendance, and perform other tasks as deemed
necessary to perform the functions of the Committee.
(e) All initial appointments under this Section shall be
made at least 60 days but no later than 90 days after the
effective date of this amendatory Act of the 100th General
Assembly. Vacancies on the Committee shall be filled by
individuals possessing the same membership requirements as the
original appointee whom the replacement is taking the place of.
The Committee shall meet quarterly and at such other times as
the Chairperson determines necessary for the Committee to
perform its functions under the Act. However, the Committee's
initial meeting shall take place at least 45 days but no later
than 60 days after the date upon which all appointments under
subsection (c) are made.
(f) A quorum of the members of the Committee must be
present to convene an official meeting and shall consist of
one-third of the then appointed members. However, if a member
has made it known that he or she will be in attendance at a
scheduled meeting but has not arrived at the meeting at the
appointed time, the Chairperson may wait for that absent member

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to arrive before having the Committee conduct official
business. Members shall service on the Committee without
compensation.
(g) The Committee shall have voting members and non-voting
members. The voting rights of each member shall be based upon
the number of meetings the member attends. The Chairperson
shall determine the requisite number of meetings members must
attend to be awarded voting rights at the initial meeting and
that number shall not be changed except upon a three-fifths
vote of the Committee at any time, regardless of whether they
have voting rights or not. However, an absent member may
designate a substitute member who is not on the Committee and
who meets the same criteria as the absent member to attend a
meeting on the absent member's behalf. An absent member who
appoints a substitute to attend a meeting on the absent
member's behalf shall be credited the attendance time of that
substitute member and such time shall be counted toward the
absent member's participation quota when considering if the
absent member attended the requisite number of meetings to be
awarded voting rights. Only one substitute member per absent
member may be appointed for each meeting. Members may be
permitted to attend a meeting by means other than physical
presence, including by means of a live video broadcast
transmitted across the Internet, a call-in, or any other means
that permits at least an audio connection between the Committee
and the member who is unable to be physically present at the

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meeting.
(h) The Committee shall submit a report concerning its
findings and recommendations to the General Assembly and the
Department of Human Services for the purposes of facilitating
the assembly of the central publication and proposing
legislation and rules on when publication will be first
published no later than 15 months after the date upon which the
Committee convenes its initial meeting.
(i) The Department of Human Services shall provide
administrative support and staff to the Committee.
(j) The Committee shall prepare and publish in a central
publication the following information obtained through the
audit and evaluation process established by the Committee and
conducted on each DUI service provider, but not before
performing the following tasks:
(1) In determining how best to measure recidivism rates
at the State, county, and provider or therapist level, the
Committee must specify a process and statistical method of
outcome analysis and research that targets DUI recidivism
as a measure of the treatment or intervention effectiveness
of each DUI service provider. As used in this paragraph,
"outcome analysis and research" means studies of the end
results of the structure and processes of the health care
system on the health and well-being of patients and
populations which may involve, but are not limited to,
health service research that (i) focuses on identifying

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variations in medical procedures and associated health
outcomes and (ii) evaluates the quality of care, safety,
access, effectiveness, equity, efficiency, timeliness,
system responsiveness, and patient-centeredness of those
services.
(2) In evaluating and determining which outcome
analysis to use, the Committee must examine, but does not
have to adopt, survival analysis studies. As used in this
paragraph, "survival analysis studies" means studies that
measure the time between the application or termination of
DUI treatment or intervention services and a specified
outcome. Such survival analysis studies to be examined but
not necessarily adopted shall include, but shall not be
limited to, the overall rate at which persons who have
completed a program of DUI treatment or intervention
services commit one or more subsequent violations of
Section 11-501 of the Illinois Vehicle Code within a
certain period of time following completion of the program
of DUI treatment or intervention services.
(3) The Committee shall explore how often the analyses
under paragraphs (1) and (2) should be developed,
conducted, managed, and maintained and how the information
obtained from those analyses should be presented to the
public through the central publication so that the results
of the outcome studies can be reviewed by courts, DUI
service providers, and any persons interested in DUI

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treatment or intervention services. The Committee shall
also determine how often such analyses shall be developed,
conducted, managed, and maintained, as well as how often
information needed to create such analyses shall be
collected.
(4) The Committee shall identify and formulate an
auditing process to collect the necessary information
needed to conduct the analyses under paragraphs (1) and (2)
and to confirm the information collected, all of which
shall be contained within the central publication
consistent with the investigatory and auditing authority
of the Department under 77 Ill. Adm. Code 2060.335.
(5) The Committee shall be responsible for deciding the
scope of information to include in the central publication
with respect to resources a DUI service provider has
available for clients and the various issues clients face
regarding access to care, including, but not limited to:
(A) the availability of psychiatrists or medical
practitioners;
(B) costs charged for providing services;
(C) the level of difficulty individuals have with
gaining access to facilities and the reasons thereof;
(D) transportation issues or costs;
(E) multilingual capabilities or barriers to
communicating and effectively teaching those who speak
a different language; and

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(F) access to care for those who are persons with
an intellectual or physical disability or persons who
require additional accommodations.
The Committee shall also develop an auditing and
evaluation process for the Department to verify the
information provided under this paragraph (5).
(6) The Committee shall develop a standardized method
or process by which a court may consult and collaborate
with a DUI service provider whose program of DUI treatment
or intervention services fails to meet or adequately
address the needs of clients residing within the court's
judicial circuit because of a lack of resources or program
deficiencies. The method or process shall encourage, but
not require, a court to:
(A) notify a DUI service provider of the court's
intention to remove the provider from the court's
approved-provider list;
(B) specify and discuss those client needs that the
DUI services provider has failed to meet or adequately
address through its program of treatment or
intervention services; and
(C) assist the DUI service provider in remedying
program deficiencies.
The standardized method or process may also provide
protocols on a corrective plan of action a DUI service
provider may take to address the particular client needs or

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program deficiencies noted by a court during a
collaborative consultation, including protocols on: (i) a
specific timeline for implementing corrective actions or
objectives and (ii) the establishment of evaluation
measures to measure such progress. The standardized method
or process shall also be accessible to a court that wants
to remedy an isolated issue or program deficiency that does
not necessitate removing a DUI service provider from the
court's approved-provider list. Nothing in this paragraph
shall be construed to interfere with a court's discretion
as to which DUI service providers to place, retain, or
remove from the court's approved-provider list or with any
court policies or procedures concerning attraction,
retention, or removal of a DUI service provider from a
court's approved-provider list.
(7) The Committee shall develop a standard treatment
review survey to be administered by the courts and
completed by all individuals who complete a professional
evaluation and treatment for an alcohol, drug, or
intoxicating compound abuse problem as provided under
Section 11-501.01 of the Illinois Vehicle Code. The
Committee shall determine what questions and subjects will
appear in the survey. The Committee shall also determine
how best the Department will collect, analyze, interpret,
calculate, and summarize for publication in the central
publication the aggregate information obtained from the

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treatment review surveys in order to help courts decide
which DUI service providers to retain or remove from their
approved-provider lists. Any analysis of the aggregate
information obtained from the treatment review surveys
shall include calculations of: (i) the average response
score and the standard deviation for each questioned item
and (ii) the median and mode response values for each
questioned item.
Information collected and published in the central
publication shall be made accessible to interested persons
through a subscriber-based online repository to be established
and maintained by the Department. Participating DUI service
providers and courts that are interested in accessing the
central publication contained in the online repository may be
charged a small fee that is no greater than needed to cover
administrative costs.
Each DUI service provider shall contribute to the contents
of the central publication by providing a description of the
types of educational, prevention, intervention, treatment,
relapse, and other services and activities offered by the
provider to alleviate alcoholism and other drug abuse and
dependency. The Department may also audit the DUI Service
Providers information in the same manner as determined under
paragraph (4).
To facilitate more targeted recruitment of effective DUI
service providers, a court may submit for publication in the

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central publication information that identifies the specific
problems, priorities, and needs of persons residing in the
court's judicial circuit that concern DUI treatment or
intervention services, including the needs of residents who are
racial or language minorities or who are from other specific
populations. The Committee shall create a process to facilitate
courts in submitting such information for publication.
Any additional administrative costs incurred from the
maintenance of the central publication or the subscriber-based
online repository or from the collection of data shall come
from a portion of the funds received by each judicial circuit
from court costs charged to persons who violate Section 11-501
of the Illinois Vehicle Code.
The Committee shall dissolve upon submitting its report to
the General Assembly and the Department of Human Services as
provided in subsection (h). Upon the dissolution of the
Committee, the Department may modify, add, or remove
information collected and published within the central
publication as well as modify the auditing and evaluation
measures used in analyzing such information for the central
publication.
Section 10. The Illinois Vehicle Code is amended by
changing Section 11-501.01 as follows:
(625 ILCS 5/11-501.01)

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Sec. 11-501.01. Additional administrative sanctions.
(a) After a finding of guilt and prior to any final
sentencing or an order for supervision, for an offense based
upon an arrest for a violation of Section 11-501 or a similar
provision of a local ordinance, individuals shall be required
to undergo a professional evaluation to determine if an
alcohol, drug, or intoxicating compound abuse problem exists
and the extent of the problem, and undergo the imposition of
treatment as appropriate. Programs conducting these
evaluations shall be licensed by the Department of Human
Services. The cost of any professional evaluation shall be paid
for by the individual required to undergo the professional
evaluation. Upon completing a professional evaluation and any
subsequent treatment as required under this subsection, all
individuals shall complete a treatment review survey. All
information provided in the treatment review survey by an
individual as required under this subsection shall be
confidential in accordance with the Confidentiality of Alcohol
and Drug Abuse Patient Records regulations (42 CFR 2 (1987)) of
the Alcohol, Drug Abuse, and Mental Health Administration of
the Public Health Service of the United States Department of
Health and Human Services, Article 30 of the Alcoholism and
Other Drug Abuse and Dependency Act, and the rules set forth
under 77 Ill. Adm. Code 2060.319.
(b) Any person who is found guilty of or pleads guilty to
violating Section 11-501, including any person receiving a

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disposition of court supervision for violating that Section,
may be required by the Court to attend a victim impact panel
offered by, or under contract with, a county State's Attorney's
office, a probation and court services department, Mothers
Against Drunk Driving, or the Alliance Against Intoxicated
Motorists. All costs generated by the victim impact panel shall
be paid from fees collected from the offender or as may be
determined by the court.
(c) Every person found guilty of violating Section 11-501,
whose operation of a motor vehicle while in violation of that
Section proximately caused any incident resulting in an
appropriate emergency response, shall be liable for the expense
of an emergency response as provided in subsection (i) of this
Section.
(d) The Secretary of State shall revoke the driving
privileges of any person convicted under Section 11-501 or a
similar provision of a local ordinance.
(e) The Secretary of State shall require the use of
ignition interlock devices for a period not less than 5 years
on all vehicles owned by a person who has been convicted of a
second or subsequent offense of Section 11-501 or a similar
provision of a local ordinance. The person must pay to the
Secretary of State DUI Administration Fund an amount not to
exceed $30 for each month that he or she uses the device. The
Secretary shall establish by rule and regulation the procedures
for certification and use of the interlock system, the amount

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of the fee, and the procedures, terms, and conditions relating
to these fees. During the time period in which a person is
required to install an ignition interlock device under this
subsection (e), that person shall only operate vehicles in
which ignition interlock devices have been installed, except as
allowed by subdivision (c)(5) or (d)(5) of Section 6-205 of
this Code.
(f) In addition to any other penalties and liabilities, a
person who is found guilty of or pleads guilty to violating
Section 11-501, including any person placed on court
supervision for violating Section 11-501, shall be assessed
$750, payable to the circuit clerk, who shall distribute the
money as follows: $350 to the law enforcement agency that made
the arrest, and $400 shall be forwarded to the State Treasurer
for deposit into the General Revenue Fund. If the person has
been previously convicted of violating Section 11-501 or a
similar provision of a local ordinance, the fine shall be
$1,000, and the circuit clerk shall distribute $200 to the law
enforcement agency that made the arrest and $800 to the State
Treasurer for deposit into the General Revenue Fund. In the
event that more than one agency is responsible for the arrest,
the amount payable to law enforcement agencies shall be shared
equally. Any moneys received by a law enforcement agency under
this subsection (f) shall be used for enforcement and
prevention of driving while under the influence of alcohol,
other drug or drugs, intoxicating compound or compounds or any

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combination thereof, as defined by Section 11-501 of this Code,
including but not limited to the purchase of law enforcement
equipment and commodities that will assist in the prevention of
alcohol related criminal violence throughout the State; police
officer training and education in areas related to alcohol
related crime, including but not limited to DUI training; and
police officer salaries, including but not limited to salaries
for hire back funding for safety checkpoints, saturation
patrols, and liquor store sting operations. Any moneys received
by the Department of State Police under this subsection (f)
shall be deposited into the State Police DUI Fund and shall be
used to purchase law enforcement equipment that will assist in
the prevention of alcohol related criminal violence throughout
the State.
(g) The Secretary of State Police DUI Fund is created as a
special fund in the State treasury. All moneys received by the
Secretary of State Police under subsection (f) of this Section
shall be deposited into the Secretary of State Police DUI Fund
and, subject to appropriation, shall be used for enforcement
and prevention of driving while under the influence of alcohol,
other drug or drugs, intoxicating compound or compounds or any
combination thereof, as defined by Section 11-501 of this Code,
including but not limited to the purchase of law enforcement
equipment and commodities to assist in the prevention of
alcohol related criminal violence throughout the State; police
officer training and education in areas related to alcohol

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related crime, including but not limited to DUI training; and
police officer salaries, including but not limited to salaries
for hire back funding for safety checkpoints, saturation
patrols, and liquor store sting operations.
(h) Whenever an individual is sentenced for an offense
based upon an arrest for a violation of Section 11-501 or a
similar provision of a local ordinance, and the professional
evaluation recommends remedial or rehabilitative treatment or
education, neither the treatment nor the education shall be the
sole disposition and either or both may be imposed only in
conjunction with another disposition. The court shall monitor
compliance with any remedial education or treatment
recommendations contained in the professional evaluation.
Programs conducting alcohol or other drug evaluation or
remedial education must be licensed by the Department of Human
Services. If the individual is not a resident of Illinois,
however, the court may accept an alcohol or other drug
evaluation or remedial education program in the individual's
state of residence. Programs providing treatment must be
licensed under existing applicable alcoholism and drug
treatment licensure standards.
(i) In addition to any other fine or penalty required by
law, an individual convicted of a violation of Section 11-501,
Section 5-7 of the Snowmobile Registration and Safety Act,
Section 5-16 of the Boat Registration and Safety Act, or a
similar provision, whose operation of a motor vehicle,

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snowmobile, or watercraft while in violation of Section 11-501,
Section 5-7 of the Snowmobile Registration and Safety Act,
Section 5-16 of the Boat Registration and Safety Act, or a
similar provision proximately caused an incident resulting in
an appropriate emergency response, shall be required to make
restitution to a public agency for the costs of that emergency
response. The restitution may not exceed $1,000 per public
agency for each emergency response. As used in this subsection
(i), "emergency response" means any incident requiring a
response by a police officer, a firefighter carried on the
rolls of a regularly constituted fire department, or an
ambulance. With respect to funds designated for the Department
of State Police, the moneys shall be remitted by the circuit
court clerk to the State Police within one month after receipt
for deposit into the State Police DUI Fund. With respect to
funds designated for the Department of Natural Resources, the
Department of Natural Resources shall deposit the moneys into
the Conservation Police Operations Assistance Fund.
(j) A person that is subject to a chemical test or tests of
blood under subsection (a) of Section 11-501.1 or subdivision
(c)(2) of Section 11-501.2 of this Code, whether or not that
person consents to testing, shall be liable for the expense up
to $500 for blood withdrawal by a physician authorized to
practice medicine, a licensed physician assistant, a licensed
advanced practice nurse, a registered nurse, a trained
phlebotomist, a licensed paramedic, or a qualified person other

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than a police officer approved by the Department of State
Police to withdraw blood, who responds, whether at a law
enforcement facility or a health care facility, to a police
department request for the drawing of blood based upon refusal
of the person to submit to a lawfully requested breath test or
probable cause exists to believe the test would disclose the
ingestion, consumption, or use of drugs or intoxicating
compounds if:
(1) the person is found guilty of violating Section
11-501 of this Code or a similar provision of a local
ordinance; or
(2) the person pleads guilty to or stipulates to facts
supporting a violation of Section 11-503 of this Code or a
similar provision of a local ordinance when the plea or
stipulation was the result of a plea agreement in which the
person was originally charged with violating Section
11-501 of this Code or a similar local ordinance.
(Source: P.A. 98-292, eff. 1-1-14; 98-463, eff. 8-16-13;
98-973, eff. 8-15-14; 99-289, eff. 8-6-15; 99-296, eff. 1-1-16;
99-642, eff. 7-28-16.)