Bill Text: IL HB4795 | 2017-2018 | 100th General Assembly | Introduced
Bill Title: Amends the Alcoholism and Other Drug Abuse and Dependency Act. Changes the short title of the Act to the Substance Use Disorder Act. Removes the terms "addict", "addiction", "alcoholic", "alcoholism", and "substance abuse" and their corresponding definitions. Requires the Department of Human Services to reduce the incidence of substance use disorders (rather than reduce the incidence and consequences of the abuse of alcohol and other drugs). Defines "substance use disorder". Requires the Department to design, coordinate, and fund prevention, early intervention, treatment, and other recovery support services for substance use disorders that are accessible and address the needs of at-risk individuals and their families. Requires the Department to develop a comprehensive plan on the provision of such services; assist other State agencies in developing and establishing substance use disorder services for the agencies' clients; adopt medical and clinical standards on how to determine a substance use disorder diagnosis; and other matters. Contains provisions concerning the licensing of substance use disorder treatment providers; licensure categories and services; the identification of individuals who need substance use disorder treatment using "SBIRT"; patients' rights; services for pregnant women, mothers, and criminal justice clients; and other matters. Repeals a provision of the Act establishing the Committee on Women's Alcohol and Substance Abuse Treatment. Repeals a provision of the Act setting forth the powers and duties of the Medical Advisory Committee. Makes conforming changes concerning the Substance Use Disorder Act to several Acts including the Department of Human Services Act, the Children and Family Services Act, and the Mental Health and Developmental Disabilities Administrative Act. Effective January 1, 2019.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced) 2018-04-25 - Held on Calendar Order of Second Reading - Short Debate [HB4795 Detail]
Download: Illinois-2017-HB4795-Introduced.html
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1 | AN ACT concerning State government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Alcoholism and Other Drug Abuse and | ||||||||||||||||||||||||
5 | Dependency Act is amended by changing the title of the Act and | ||||||||||||||||||||||||
6 | by changing Sections 1-1, 1-5, 1-10, 5-5, 5-10, 5-20, 5-23, | ||||||||||||||||||||||||
7 | 10-5, 10-10, 10-15, 10-35, 15-5, 15-10, 20-5, 20-10, 20-15, | ||||||||||||||||||||||||
8 | 25-5, 25-10, 25-15, 25-20, 30-5, 35-5, 35-10, 40-5, 40-10, | ||||||||||||||||||||||||
9 | 40-15, 45-5, 50-10, 50-20, 50-40, 55-25, and 55-30 and the | ||||||||||||||||||||||||
10 | heading of Article 40 as follows:
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11 | (20 ILCS 301/Act title)
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12 | An Act in relation to substance use disorders alcoholism, | ||||||||||||||||||||||||
13 | other drug abuse and
dependency, and compulsive gambling ,
and | ||||||||||||||||||||||||
14 | amending and repealing named Acts .
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15 | (20 ILCS 301/1-1)
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16 | Sec. 1-1. Short Title. This Act may be cited as the | ||||||||||||||||||||||||
17 | Substance Use Disorder Act. Alcoholism and Other Drug Abuse and | ||||||||||||||||||||||||
18 | Dependency Act.
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19 | (Source: P.A. 88-80.)
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20 | (20 ILCS 301/1-5)
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21 | Sec. 1-5. Legislative Declaration. Substance use |
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1 | disorders, as defined in this Act, constitute The abuse and | ||||||
2 | misuse of alcohol and
other drugs constitutes a serious public | ||||||
3 | health problem . The effects the effects of which on
public | ||||||
4 | safety and the criminal justice system cause serious social and | ||||||
5 | economic
losses, as well as great human suffering. It is | ||||||
6 | imperative that a
comprehensive and coordinated strategy be | ||||||
7 | developed under the leadership of a
State agency . This strategy | ||||||
8 | should be and implemented through the facilities of federal and | ||||||
9 | local
government and community-based agencies (which may be | ||||||
10 | public or private,
volunteer or professional) . Through local
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11 | prevention, early intervention, treatment, and
other recovery | ||||||
12 | support services, this strategy should empower those | ||||||
13 | struggling with substance use disorders (and, when | ||||||
14 | appropriate, the families of those persons) to lead healthy | ||||||
15 | lives and become productive citizens in the community. to | ||||||
16 | empower individuals and communities through local
prevention | ||||||
17 | efforts and to provide intervention, treatment, rehabilitation | ||||||
18 | and
other services to those who misuse alcohol or other drugs | ||||||
19 | (and, when
appropriate, the families of those persons) to lead | ||||||
20 | healthy and drug-free lives
and become productive citizens in | ||||||
21 | the community.
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22 | The human, social, and economic benefits of preventing | ||||||
23 | substance use disorders alcohol and other
drug abuse and | ||||||
24 | dependence are great, and it is imperative that there be
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25 | interagency cooperation in the planning and delivery of | ||||||
26 | prevention, early intervention, treatment, and other recovery |
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1 | support services in Illinois. alcohol and other drug
abuse | ||||||
2 | prevention, intervention, and treatment efforts in Illinois.
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3 | The provisions of this Act shall be liberally construed to | ||||||
4 | enable the
Department to carry out these objectives and | ||||||
5 | purposes.
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6 | (Source: P.A. 88-80.)
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7 | (20 ILCS 301/1-10)
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8 | Sec. 1-10. Definitions. As used in this Act, unless the | ||||||
9 | context clearly
indicates otherwise, the following words and | ||||||
10 | terms have the following meanings:
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11 | "Case management" means a coordinated approach to the | ||||||
12 | delivery of health, substance use disorder treatment, mental | ||||||
13 | health treatment, and social services, linking patients with | ||||||
14 | appropriate services to address specific needs and achieve | ||||||
15 | stated goals. In general, case management assists patients with | ||||||
16 | other disorders and conditions that require multiple services | ||||||
17 | over extended periods of time and who face difficulty in | ||||||
18 | gaining access to those services. | ||||||
19 | "Crime of violence" means any of the following crimes: | ||||||
20 | murder, voluntary
manslaughter, criminal sexual assault, | ||||||
21 | aggravated criminal sexual assault,
predatory criminal sexual | ||||||
22 | assault of a child,
armed robbery, robbery, arson, kidnapping, | ||||||
23 | aggravated battery, aggravated
arson, or any
other felony that | ||||||
24 | involves the use or threat of physical force or violence
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25 | against another individual. |
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1 | "Department" means the Department of Human Services. | ||||||
2 | "DUI" means driving under the influence of alcohol or other | ||||||
3 | drugs. | ||||||
4 | "Early intervention" means services, authorized by a | ||||||
5 | treatment license, that are sub-clinical and pre-diagnostic | ||||||
6 | and that are designed to screen, identify, and address risk | ||||||
7 | factors that may be related to problems associated with | ||||||
8 | substance use disorders and to assist individuals in | ||||||
9 | recognizing harmful consequences. Early intervention services | ||||||
10 | facilitate emotional and social stability and involves | ||||||
11 | referrals for treatment, as needed. | ||||||
12 | "Facility" means the building or premises are used for the | ||||||
13 | provision
of licensable services, including support services, | ||||||
14 | as set forth by
rule. | ||||||
15 | "Gambling disorder" means persistent and recurring | ||||||
16 | maladaptive gambling behavior that disrupts personal, family, | ||||||
17 | or vocational pursuits. | ||||||
18 | "Holds itself out" means any activity that would lead one | ||||||
19 | to reasonably conclude that the individual or entity provides | ||||||
20 | or intends to provide licensable substance-related disorder | ||||||
21 | intervention or treatment services. Such activities include, | ||||||
22 | but are not limited to, advertisements, notices, statements, or | ||||||
23 | contractual arrangements with managed care organizations, | ||||||
24 | private health insurance, or employee assistance programs to | ||||||
25 | provide services that require a license as specified in Article | ||||||
26 | 15. |
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1 | "Informed consent" means legally valid written consent, | ||||||
2 | given by a client, patient, or legal guardian, that authorizes | ||||||
3 | intervention or treatment services from a licensed | ||||||
4 | organization and that documents agreement to participate in | ||||||
5 | those services and knowledge of the consequences of withdrawal | ||||||
6 | from such services. Informed consent also acknowledges the | ||||||
7 | client's or patient's right to a conflict-free choice of | ||||||
8 | services from any licensed organization and the potential risks | ||||||
9 | and benefits of selected services. | ||||||
10 | "Intoxicated person" means a person whose mental or | ||||||
11 | physical functioning is
substantially impaired as a result of | ||||||
12 | the current effects of alcohol or other
drugs within the body. | ||||||
13 | "Medication assisted treatment" means the prescription of | ||||||
14 | medications that are approved by the U.S. Food and Drug | ||||||
15 | Administration and the Center for Substance Abuse Treatment to | ||||||
16 | assist with treatment for a substance use disorder and to | ||||||
17 | support recovery for individuals receiving services in a | ||||||
18 | facility licensed by the Department. Medication assisted | ||||||
19 | treatment includes opioid treatment services as authorized by a | ||||||
20 | Department license. | ||||||
21 | "Off-site services" means licensable services are
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22 | conducted at a location separate from the licensed location of | ||||||
23 | the
provider, and services are operated by an entity licensed | ||||||
24 | under
this Act and approved in advance by the Department. | ||||||
25 | "Person" means any individual, firm, group, association, | ||||||
26 | partnership,
corporation, trust, government or governmental |
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1 | subdivision or agency. | ||||||
2 | "Prevention" means an interactive process of individuals, | ||||||
3 | families, schools,
religious organizations, communities and | ||||||
4 | regional, state and national
organizations whose goals are to | ||||||
5 | reduce the prevalence of substance use disorders, prevent the | ||||||
6 | use of illegal drugs and the
abuse of legal drugs by persons of | ||||||
7 | all ages, prevent the use of alcohol by
minors, build the | ||||||
8 | capacities of individuals and systems, and promote healthy
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9 | environments, lifestyles, and behaviors. | ||||||
10 | "Recovery" means the long-term, often lifelong, process in | ||||||
11 | a
person with a substance use disorder changes the way in he or | ||||||
12 | she makes decisions and establishes personal and
life | ||||||
13 | priorities. The evolution of this decision-making and | ||||||
14 | priority-setting
process is generally manifested by an obvious | ||||||
15 | improvement in the individual's
life and lifestyle and by his | ||||||
16 | or her overcoming the substance use disorder. Recovery is the | ||||||
17 | goal of treatment. | ||||||
18 | "Recovery support" means an organized recovery maintenance | ||||||
19 | service, delivered in a wide variety of settings, for | ||||||
20 | individuals with substance use disorders who are either | ||||||
21 | recovering from such disorder or in treatment or have been | ||||||
22 | discharged from treatment. Designed to support individual | ||||||
23 | recovery, these services may be provided directly to the | ||||||
24 | individual or on behalf of the individual. Examples of such | ||||||
25 | services include: recovery support groups; recovery homes or | ||||||
26 | residences, individual recovery checkups; follow-up contacts |
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1 | and service coordination to obtain transportation, employment, | ||||||
2 | treatment, education, housing, or other applicable entitlement | ||||||
3 | services. | ||||||
4 | "Secretary" means the Secretary of the Department of Human | ||||||
5 | Services or his or her designee. | ||||||
6 | "Substance use disorder" means a disorder that encompasses | ||||||
7 | 10 separate classes of drugs: alcohol; caffeine; cannabis; | ||||||
8 | hallucinogens; inhalants; opioids; sedatives, hypnotics and | ||||||
9 | anxiolytics; stimulants; tobacco; and other unknown | ||||||
10 | substances. | ||||||
11 | "Treatment" means the broad range of emergency, | ||||||
12 | outpatient, and residential care (including assessment, | ||||||
13 | diagnosis, case management, treatment, and recovery support | ||||||
14 | planning) may be extended to individuals with substance use | ||||||
15 | disorders or to the families of those persons. | ||||||
16 | "Act" means the Alcoholism and Other Drug Abuse and | ||||||
17 | Dependency Act.
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18 | "Addict" means a person who exhibits the disease known as | ||||||
19 | "addiction".
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20 | "Addiction" means a disease process characterized by the | ||||||
21 | continued use of a
specific psycho-active substance despite | ||||||
22 | physical, psychological or social
harm. The term also describes | ||||||
23 | the advanced stages of chemical dependency.
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24 | "Administrator" means a person responsible for | ||||||
25 | administration of a program.
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26 | "Alcoholic" means a person who exhibits the disease known |
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1 | as "alcoholism".
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2 | "Alcoholism" means a chronic and progressive disease or | ||||||
3 | illness
characterized by preoccupation with and loss of control | ||||||
4 | over the consumption of
alcohol, and the use of alcohol despite | ||||||
5 | adverse consequences. Typically,
combinations of the following | ||||||
6 | tendencies are also present: periodic or chronic
intoxication; | ||||||
7 | physical disability; impaired emotional, occupational or | ||||||
8 | social
adjustment; tendency toward relapse; a detrimental | ||||||
9 | effect on the individual,
his family and society; psychological | ||||||
10 | dependence; and physical dependence.
Alcoholism is also known | ||||||
11 | as addiction to alcohol. Alcoholism is described and
further | ||||||
12 | categorized in clinical detail in the DSM and the ICD.
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13 | "Array of services" means assistance to individuals, | ||||||
14 | families and communities
in response to alcohol or other drug | ||||||
15 | abuse or dependency. The array of
services includes, but is not | ||||||
16 | limited to: prevention assistance for communities
and schools; | ||||||
17 | case finding, assessment and intervention to help individuals | ||||||
18 | stop
abusing alcohol or other drugs; a uniform screening, | ||||||
19 | assessment, and evaluation process including criteria for | ||||||
20 | substance use disorders and mental disorders or co-occurring | ||||||
21 | substance use and mental health disorders; case management; | ||||||
22 | detoxification to aid
individuals in physically withdrawing | ||||||
23 | from alcohol or other drugs; short-term
and long-term treatment | ||||||
24 | and support services to help individuals and family
members | ||||||
25 | begin the process of recovery; prescription and dispensing of | ||||||
26 | the drug
methadone or other medications as an adjunct to |
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1 | treatment; relapse prevention
services; education and | ||||||
2 | counseling for children or other co-dependents of
alcoholics or | ||||||
3 | other drug abusers or addicts. For purposes of this Section, a | ||||||
4 | uniform screening, assessment, and evaluation process refers | ||||||
5 | to a process that includes an appropriate evaluation and, as | ||||||
6 | warranted, a referral. "Uniform" does not mean the use of a | ||||||
7 | singular instrument, tool, or process that all must utilize.
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8 | "Case management" means those services which will assist | ||||||
9 | individuals in
gaining access to needed social, educational, | ||||||
10 | medical, treatment and other
services.
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11 | "Children of alcoholics or drug addicts or abusers of | ||||||
12 | alcohol and other
drugs" means the minor or adult children of | ||||||
13 | individuals who have abused or been
dependent upon alcohol or | ||||||
14 | other drugs. These children may or may not become
dependent | ||||||
15 | upon alcohol or other drugs themselves; however, they are | ||||||
16 | physically,
psychologically, and behaviorally at high risk of | ||||||
17 | developing the illness.
Children of alcoholics and other drug | ||||||
18 | abusers experience emotional and other
problems, and benefit | ||||||
19 | from prevention and treatment services provided by funded
and | ||||||
20 | non-funded agencies licensed by the Department.
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21 | "Co-dependents" means individuals who are involved in the | ||||||
22 | lives of and are
affected by people who are dependent upon | ||||||
23 | alcohol and other drugs.
Co-dependents compulsively engage in | ||||||
24 | behaviors that cause them to suffer
adverse physical, | ||||||
25 | emotional, familial, social, behavioral, vocational, and
legal | ||||||
26 | consequences as they attempt to cope with the alcohol or drug |
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1 | dependent
person. People who become co-dependents include | ||||||
2 | spouses, parents, siblings,
and friends of alcohol or drug | ||||||
3 | dependent people. Co-dependents benefit from
prevention and | ||||||
4 | treatment services provided by agencies licensed by the
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5 | Department.
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6 | "Controlled substance" means any substance or immediate | ||||||
7 | precursor which is
enumerated in the schedules of Article II of | ||||||
8 | the Illinois Controlled Substances
Act or the Cannabis Control | ||||||
9 | Act.
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10 | "Crime of violence" means any of the following crimes: | ||||||
11 | murder, voluntary
manslaughter, criminal sexual assault, | ||||||
12 | aggravated criminal sexual assault,
predatory criminal sexual | ||||||
13 | assault of a child,
armed robbery, robbery, arson, kidnapping, | ||||||
14 | aggravated battery, aggravated
arson, or any
other felony which | ||||||
15 | involves the use or threat of physical force or violence
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16 | against another individual.
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17 | "Department" means the Illinois Department of Human | ||||||
18 | Services as successor to
the former Department of Alcoholism | ||||||
19 | and Substance Abuse.
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20 | "Designated program" means a program designated by the | ||||||
21 | Department to provide
services described in subsection (c) or | ||||||
22 | (d) of Section 15-10 of this Act.
A
designated program's | ||||||
23 | primary function is screening, assessing, referring and
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24 | tracking clients identified by the criminal justice system, and | ||||||
25 | the program
agrees to apply statewide the standards, uniform | ||||||
26 | criteria and procedures
established by the Department pursuant |
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1 | to such designation.
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2 | "Detoxification" means the process of allowing an | ||||||
3 | individual to safely
withdraw from a drug in a controlled | ||||||
4 | environment.
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5 | "DSM" means the most current edition of the Diagnostic and | ||||||
6 | Statistical
Manual of Mental Disorders.
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7 | "D.U.I." means driving under the influence of alcohol or | ||||||
8 | other substances
which may cause impairment of driving ability.
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9 | "Facility" means the building or premises which are used | ||||||
10 | for the provision
of licensable program services, including | ||||||
11 | support services, as set forth by
rule.
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12 | "ICD" means the most current edition of the International | ||||||
13 | Classification of
Diseases.
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14 | "Incapacitated" means that a person is unconscious or | ||||||
15 | otherwise exhibits, by
overt behavior or by extreme physical | ||||||
16 | debilitation, an inability to care for
his own needs or to | ||||||
17 | recognize the obvious danger of his situation or to make
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18 | rational decisions with respect to his need for treatment.
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19 | "Intermediary person" means a person with expertise | ||||||
20 | relative to addiction,
alcoholism, and the abuse of alcohol or | ||||||
21 | other drugs who may be called on to
assist the police in | ||||||
22 | carrying out enforcement or other activities with respect
to | ||||||
23 | persons who abuse or are dependent on alcohol or other drugs.
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24 | "Intervention" means readily accessible activities which | ||||||
25 | assist individuals
and their partners or family members in | ||||||
26 | coping with the immediate problems of
alcohol and other drug |
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1 | abuse or dependency, and in reducing their alcohol and
other | ||||||
2 | drug use. Intervention can facilitate emotional and social | ||||||
3 | stability, and
involves referring people for further treatment | ||||||
4 | as needed.
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5 | "Intoxicated person" means a person whose mental or | ||||||
6 | physical functioning is
substantially impaired as a result of | ||||||
7 | the current effects of alcohol or other
drugs within the body.
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8 | "Local advisory council" means an alcohol and substance | ||||||
9 | abuse body
established in a county, township or community area, | ||||||
10 | which represents public
and private entities having an interest | ||||||
11 | in the prevention and treatment of
alcoholism or other drug | ||||||
12 | abuse.
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13 | "Off-site services" means licensable program services or | ||||||
14 | activities which are
conducted at a location separate from the | ||||||
15 | primary service location of the
provider, and which services | ||||||
16 | are operated by a program or entity licensed under
this Act.
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17 | "Person" means any individual, firm, group, association, | ||||||
18 | partnership,
corporation, trust, government or governmental | ||||||
19 | subdivision or agency.
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20 | "Prevention" means an interactive process of individuals, | ||||||
21 | families, schools,
religious organizations, communities and | ||||||
22 | regional, state and national
organizations to reduce | ||||||
23 | alcoholism, prevent the use of illegal drugs and the
abuse of | ||||||
24 | legal drugs by persons of all ages, prevent the use of alcohol | ||||||
25 | by
minors, build the capacities of individuals and systems, and | ||||||
26 | promote healthy
environments, lifestyles and behaviors.
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1 | "Program" means a licensable or fundable activity or | ||||||
2 | service, or a
coordinated range of such activities or services, | ||||||
3 | as the Department may
establish by rule.
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4 | "Recovery" means the long-term, often life-long, process | ||||||
5 | in which an addicted
person changes the way in which he makes | ||||||
6 | decisions and establishes personal and
life priorities. The | ||||||
7 | evolution of this decision-making and priority-setting
process | ||||||
8 | is generally manifested by an obvious improvement in the | ||||||
9 | individual's
life and lifestyle and by his overcoming the abuse | ||||||
10 | of or
dependence on alcohol or other drugs. Recovery is also | ||||||
11 | generally manifested by
prolonged periods of abstinence from | ||||||
12 | addictive chemicals which are not
medically supervised. | ||||||
13 | Recovery is the goal of treatment.
| ||||||
14 | "Rehabilitation" means a process whereby those clinical | ||||||
15 | services necessary
and appropriate for improving an | ||||||
16 | individual's life and lifestyle and for
overcoming his or her | ||||||
17 | abuse of or dependency upon alcohol or other drugs, or
both, | ||||||
18 | are delivered in an appropriate setting and manner as defined | ||||||
19 | in rules
established by the Department.
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20 | "Relapse" means a process which is manifested by a | ||||||
21 | progressive pattern of
behavior that reactivates the symptoms | ||||||
22 | of a disease or creates debilitating
conditions in an | ||||||
23 | individual who has experienced remission from addiction or
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24 | alcoholism.
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25 | "Secretary" means the Secretary of Human Services or his or | ||||||
26 | her designee.
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1 | "Substance abuse" or "abuse" means a pattern of use of | ||||||
2 | alcohol or other drugs
with the potential of leading to | ||||||
3 | immediate functional problems or to alcoholism
or other drug | ||||||
4 | dependency, or to the use of alcohol and/or other drugs solely
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5 | for purposes of intoxication. The term also means the use of | ||||||
6 | illegal drugs by
persons of any age, and the use of alcohol by | ||||||
7 | persons under the age of 21.
| ||||||
8 | "Treatment" means the broad range of emergency, | ||||||
9 | outpatient, intermediate
and residential services and care | ||||||
10 | (including assessment, diagnosis, medical,
psychiatric, | ||||||
11 | psychological and social services, care and counseling, and
| ||||||
12 | aftercare) which may be extended to individuals who abuse or | ||||||
13 | are dependent
on alcohol or other drugs or families of those | ||||||
14 | persons.
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15 | (Source: P.A. 97-1061, eff. 8-24-12.)
| ||||||
16 | (20 ILCS 301/5-5)
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17 | Sec. 5-5. Successor department; home rule.
| ||||||
18 | (a) The Department of Human Services, as successor to the | ||||||
19 | Department of
Alcoholism and Substance Abuse, shall
assume the | ||||||
20 | various rights, powers, duties, and functions provided for in
| ||||||
21 | this Act.
| ||||||
22 | (b) It is declared to be the public policy of this State, | ||||||
23 | pursuant to
paragraphs (h) and (i) of Section 6 of Article VII | ||||||
24 | of the Illinois Constitution
of 1970, that the powers and | ||||||
25 | functions set forth in this Act and expressly
delegated to the |
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| |||||||
1 | Department
are exclusive State powers and functions. Nothing | ||||||
2 | herein prohibits the
exercise of any power or the performance | ||||||
3 | of any function, including the power
to regulate, for the | ||||||
4 | protection of the public health, safety, morals and
welfare, by | ||||||
5 | any unit of local government, other than the powers and | ||||||
6 | functions
set forth in this Act and expressly delegated to the | ||||||
7 | Department to be exclusive
State powers and functions.
| ||||||
8 | (c) The Department shall, through accountable and | ||||||
9 | efficient leadership,
example and commitment to excellence, | ||||||
10 | strive to reduce the incidence of substance use disorders by: | ||||||
11 | and
consequences of the abuse of alcohol and other drugs by:
| ||||||
12 | (1) fostering public understanding of substance use | ||||||
13 | disorders and how they affect individuals, families, and | ||||||
14 | communities. alcoholism and addiction as
illnesses which | ||||||
15 | affect individuals, co-dependents, families and
| ||||||
16 | communities.
| ||||||
17 | (2) promoting healthy lifestyles.
| ||||||
18 | (3) promoting understanding and support for sound | ||||||
19 | public policies.
| ||||||
20 | (4) ensuring quality prevention, early intervention, | ||||||
21 | treatment, and other recovery support intervention and | ||||||
22 | treatment programs and
services that which are accessible | ||||||
23 | and responsive to the diverse needs of
individuals, | ||||||
24 | families , and communities.
| ||||||
25 | (Source: P.A. 88-80; 89-202, eff. 7-21-95; 89-507, eff. | ||||||
26 | 7-1-97.)
|
| |||||||
| |||||||
1 | (20 ILCS 301/5-10)
| ||||||
2 | (Text of Section before amendment by P.A. 100-494 )
| ||||||
3 | Sec. 5-10. Functions of the Department.
| ||||||
4 | (a) In addition to the powers, duties and functions vested | ||||||
5 | in the Department
by this Act, or by other laws of this State, | ||||||
6 | the Department shall carry out the
following activities:
| ||||||
7 | (1) Design, coordinate and fund a comprehensive and | ||||||
8 | coordinated
community-based and culturally and | ||||||
9 | gender-appropriate array of services
throughout the State | ||||||
10 | for the prevention, intervention, treatment and
| ||||||
11 | rehabilitation of alcohol and other drug abuse and | ||||||
12 | dependency that is
accessible and addresses the needs of | ||||||
13 | at-risk or addicted individuals and their
families.
| ||||||
14 | (2) Act as the exclusive State agency to accept, | ||||||
15 | receive and expend,
pursuant to appropriation, any public | ||||||
16 | or private monies, grants or services,
including those | ||||||
17 | received from the federal government or from other State
| ||||||
18 | agencies, for the purpose of providing an array of services | ||||||
19 | for the prevention,
intervention, treatment and | ||||||
20 | rehabilitation of alcoholism or other drug abuse or
| ||||||
21 | dependency. Monies received by the Department shall be | ||||||
22 | deposited into
appropriate funds as may be created by State | ||||||
23 | law or administrative action.
| ||||||
24 | (3) Coordinate a statewide strategy among State | ||||||
25 | agencies for the
prevention, intervention, treatment and |
| |||||||
| |||||||
1 | rehabilitation of alcohol and other
drug abuse and | ||||||
2 | dependency. This strategy shall include the development of | ||||||
3 | an
annual comprehensive State plan for the provision of an | ||||||
4 | array of services for
education, prevention, intervention, | ||||||
5 | treatment, relapse prevention and other
services and | ||||||
6 | activities to alleviate alcoholism and other drug abuse and
| ||||||
7 | dependency. The plan shall be based on local | ||||||
8 | community-based needs and upon
data including, but not | ||||||
9 | limited to, that which defines the prevalence of and
costs | ||||||
10 | associated with the abuse of and dependency upon alcohol | ||||||
11 | and other drugs.
This comprehensive State plan shall | ||||||
12 | include identification of problems, needs,
priorities, | ||||||
13 | services and other pertinent information, including the | ||||||
14 | needs of
minorities and other specific populations in the | ||||||
15 | State, and shall describe how
the identified problems and | ||||||
16 | needs will be addressed. For purposes of this
paragraph, | ||||||
17 | the term "minorities and other specific populations" may | ||||||
18 | include,
but shall not be limited to, groups such as women, | ||||||
19 | children, intravenous drug
users, persons with AIDS or who | ||||||
20 | are HIV infected, African-Americans, Puerto
Ricans, | ||||||
21 | Hispanics, Asian Americans, the elderly, persons in the | ||||||
22 | criminal
justice system, persons who are clients of | ||||||
23 | services provided by other State
agencies, persons with | ||||||
24 | disabilities and such other specific populations as the
| ||||||
25 | Department may from time to time identify. In developing | ||||||
26 | the plan, the
Department shall seek input from providers, |
| |||||||
| |||||||
1 | parent groups, associations and
interested citizens.
| ||||||
2 | Beginning with State fiscal year 1996, the annual | ||||||
3 | comprehensive State plan
developed under this Section | ||||||
4 | shall include an explanation of the rationale to
be used in | ||||||
5 | ensuring that funding shall be based upon local community | ||||||
6 | needs,
including, but not limited to, the incidence and | ||||||
7 | prevalence of, and costs
associated with, the abuse of and | ||||||
8 | dependency upon alcohol and other drugs, as
well as upon | ||||||
9 | demonstrated program performance.
| ||||||
10 | The annual comprehensive State plan developed under | ||||||
11 | this Section shall
contain a report detailing the | ||||||
12 | activities of and progress made by the programs
for the | ||||||
13 | care and treatment of addicted pregnant women, addicted | ||||||
14 | mothers and
their children established under subsection | ||||||
15 | (j) of Section 35-5 of this Act.
| ||||||
16 | Each State agency which provides or funds alcohol or | ||||||
17 | drug prevention,
intervention and treatment services shall | ||||||
18 | annually prepare an agency plan for
providing such | ||||||
19 | services, and these shall be used by the Department in | ||||||
20 | preparing
the annual comprehensive statewide plan. Each | ||||||
21 | agency's annual plan for alcohol
and drug abuse services | ||||||
22 | shall contain a report on the activities and progress
of | ||||||
23 | such services in the prior year. The Department may provide | ||||||
24 | technical
assistance to other State agencies, as required, | ||||||
25 | in the development of their
agency plans.
| ||||||
26 | (4) Lead, foster and develop cooperation, coordination |
| |||||||
| |||||||
1 | and agreements
among federal and State governmental | ||||||
2 | agencies and local providers that provide
assistance, | ||||||
3 | services, funding or other functions, peripheral or | ||||||
4 | direct, in the
prevention, intervention, treatment or | ||||||
5 | rehabilitation of alcoholism and other
drug abuse and | ||||||
6 | dependency. This shall include, but shall not be limited | ||||||
7 | to,
the following:
| ||||||
8 | (A) Cooperate with and assist the Department of | ||||||
9 | Corrections and
the Department on Aging in | ||||||
10 | establishing and conducting programs relating to | ||||||
11 | alcoholism
and other drug abuse and dependency among | ||||||
12 | those populations which they
respectively serve.
| ||||||
13 | (B) Cooperate with and assist the Illinois | ||||||
14 | Department of Public Health
in the establishment, | ||||||
15 | funding and support of programs and services for the
| ||||||
16 | promotion of maternal and child health and the | ||||||
17 | prevention and treatment of
infectious diseases, | ||||||
18 | including but not limited to HIV infection, especially
| ||||||
19 | with respect to those persons who may abuse drugs by | ||||||
20 | intravenous injection, or
may have been sexual | ||||||
21 | partners of drug abusers, or may have abused substances | ||||||
22 | so
that their immune systems are impaired, causing them | ||||||
23 | to be at high risk.
| ||||||
24 | (C) Supply to the Department of Public Health and | ||||||
25 | prenatal care
providers a list of all alcohol and other | ||||||
26 | drug abuse service providers for
addicted pregnant |
| |||||||
| |||||||
1 | women in this State.
| ||||||
2 | (D) Assist in the placement of child abuse or | ||||||
3 | neglect perpetrators
(identified by the Illinois | ||||||
4 | Department of Children and Family Services) who
have | ||||||
5 | been determined to be in need of alcohol or other drug | ||||||
6 | abuse services
pursuant to Section 8.2 of the Abused | ||||||
7 | and Neglected Child Reporting Act.
| ||||||
8 | (E) Cooperate with and assist the Illinois | ||||||
9 | Department of Children and
Family Services in carrying | ||||||
10 | out its mandates to:
| ||||||
11 | (i) identify alcohol and other drug abuse | ||||||
12 | issues among its clients and
their families; and
| ||||||
13 | (ii) develop programs and services to deal | ||||||
14 | with such problems.
| ||||||
15 | These programs and services may include, but shall not | ||||||
16 | be limited to,
programs to prevent the abuse of alcohol | ||||||
17 | or other drugs by DCFS clients and
their families, | ||||||
18 | rehabilitation services, identifying child care needs | ||||||
19 | within
the array of alcohol and other drug abuse | ||||||
20 | services, and assistance with other
issues as | ||||||
21 | required.
| ||||||
22 | (F) Cooperate with and assist the Illinois | ||||||
23 | Criminal Justice Information
Authority with respect to | ||||||
24 | statistical and other information concerning drug
| ||||||
25 | abuse incidence and prevalence.
| ||||||
26 | (G) Cooperate with and assist the State |
| |||||||
| |||||||
1 | Superintendent of Education,
boards of education, | ||||||
2 | schools, police departments, the Illinois Department | ||||||
3 | of
State Police, courts and other public and private | ||||||
4 | agencies and individuals in
establishing prevention | ||||||
5 | programs statewide and preparing curriculum materials
| ||||||
6 | for use at all levels of education. An agreement shall | ||||||
7 | be entered into with the
State Superintendent of | ||||||
8 | Education to assist in the establishment of such
| ||||||
9 | programs.
| ||||||
10 | (H) Cooperate with and assist the Illinois | ||||||
11 | Department of Healthcare and Family Services in
the | ||||||
12 | development and provision of services offered to | ||||||
13 | recipients of public
assistance for the treatment and | ||||||
14 | prevention of alcoholism and other drug abuse
and | ||||||
15 | dependency.
| ||||||
16 | (I) Provide training recommendations to other | ||||||
17 | State agencies funding
alcohol or other drug abuse | ||||||
18 | prevention, intervention, treatment or
rehabilitation | ||||||
19 | services.
| ||||||
20 | (5) From monies appropriated to the Department from the | ||||||
21 | Drunk and Drugged
Driving Prevention Fund, make grants to | ||||||
22 | reimburse DUI evaluation and remedial
education programs | ||||||
23 | licensed by the Department for the costs of providing
| ||||||
24 | indigent persons with free or reduced-cost services | ||||||
25 | relating to a charge of
driving under the influence of | ||||||
26 | alcohol or other drugs.
|
| |||||||
| |||||||
1 | (6) Promulgate regulations to provide appropriate | ||||||
2 | standards for publicly
and privately funded programs as | ||||||
3 | well as for levels of payment to government
funded programs | ||||||
4 | which provide an array of services for prevention,
| ||||||
5 | intervention, treatment and rehabilitation for alcoholism | ||||||
6 | and other drug abuse
or dependency.
| ||||||
7 | (7) In consultation with local service providers, | ||||||
8 | specify a uniform
statistical methodology for use by | ||||||
9 | agencies, organizations, individuals and the
Department | ||||||
10 | for collection and dissemination of statistical | ||||||
11 | information
regarding services related to alcoholism and | ||||||
12 | other drug use and abuse. This
shall include prevention | ||||||
13 | services delivered, the number of persons treated,
| ||||||
14 | frequency of admission and readmission, and duration of | ||||||
15 | treatment.
| ||||||
16 | (8) Receive data and assistance from federal, State and | ||||||
17 | local governmental
agencies, and obtain copies of | ||||||
18 | identification and arrest data from all federal,
State and | ||||||
19 | local law enforcement agencies for use in carrying out the | ||||||
20 | purposes
and functions of the Department.
| ||||||
21 | (9) Designate and license providers to conduct | ||||||
22 | screening, assessment,
referral and tracking of clients | ||||||
23 | identified by the criminal justice system as
having | ||||||
24 | indications of alcoholism or other drug abuse or dependency | ||||||
25 | and being
eligible to make an election for treatment under | ||||||
26 | Section 40-5 of this Act, and
assist in the placement of |
| |||||||
| |||||||
1 | individuals who are under court order to participate
in | ||||||
2 | treatment.
| ||||||
3 | (10) Designate medical examination and other programs | ||||||
4 | for determining
alcoholism and other drug abuse and | ||||||
5 | dependency.
| ||||||
6 | (11) Encourage service providers who receive financial | ||||||
7 | assistance in any
form from the State to assess and collect | ||||||
8 | fees for services rendered.
| ||||||
9 | (12) Make grants with funds appropriated from the Drug | ||||||
10 | Treatment Fund in
accordance with Section 7 of the | ||||||
11 | Controlled Substance and Cannabis Nuisance
Act, or in | ||||||
12 | accordance with Section 80 of the Methamphetamine Control | ||||||
13 | and Community Protection Act, or in accordance with | ||||||
14 | subsections (h) and (i) of Section 411.2 of the
Illinois | ||||||
15 | Controlled Substances Act.
| ||||||
16 | (13) Encourage all health and disability insurance | ||||||
17 | programs to include
alcoholism and other drug abuse and | ||||||
18 | dependency as a covered illness.
| ||||||
19 | (14) Make such agreements, grants-in-aid and | ||||||
20 | purchase-care arrangements
with any other department, | ||||||
21 | authority or commission of this State, or any other
state | ||||||
22 | or the federal government or with any public or private | ||||||
23 | agency, including
the disbursement of funds and furnishing | ||||||
24 | of staff, to effectuate the purposes
of this Act.
| ||||||
25 | (15) Conduct a public information campaign to inform | ||||||
26 | the State's
Hispanic residents regarding the prevention |
| |||||||
| |||||||
1 | and treatment of alcoholism.
| ||||||
2 | (b) In addition to the powers, duties and functions vested | ||||||
3 | in it by this
Act, or by other laws of this State, the | ||||||
4 | Department may undertake, but shall
not be limited to, the | ||||||
5 | following activities:
| ||||||
6 | (1) Require all programs funded by the Department to | ||||||
7 | include an education
component to inform participants | ||||||
8 | regarding the causes and means of transmission
and methods | ||||||
9 | of reducing the risk of acquiring or transmitting HIV | ||||||
10 | infection,
and to include funding for such education | ||||||
11 | component in its support of the
program.
| ||||||
12 | (2) Review all State agency applications for federal | ||||||
13 | funds which include
provisions relating to the prevention, | ||||||
14 | early intervention and treatment of
alcoholism and other | ||||||
15 | drug abuse and dependency in order to ensure consistency
| ||||||
16 | with the comprehensive statewide plan developed pursuant | ||||||
17 | to this Act.
| ||||||
18 | (3) Prepare, publish, evaluate, disseminate and serve | ||||||
19 | as a central
repository for educational materials dealing | ||||||
20 | with the nature and effects of
alcoholism and other drug | ||||||
21 | abuse and dependency. Such materials may deal with
the | ||||||
22 | educational needs of the citizens of Illinois, and may | ||||||
23 | include at least
pamphlets which describe the causes and | ||||||
24 | effects of fetal alcohol syndrome,
which the Department may | ||||||
25 | distribute free of charge to each county clerk in
| ||||||
26 | sufficient quantities that the county clerk may provide a |
| |||||||
| |||||||
1 | pamphlet to the
recipients of all marriage licenses issued | ||||||
2 | in the county.
| ||||||
3 | (4) Develop and coordinate, with regional and local | ||||||
4 | agencies, education
and training programs for persons | ||||||
5 | engaged in providing the array of services
for persons | ||||||
6 | having alcoholism or other drug abuse and dependency | ||||||
7 | problems,
which programs may include specific HIV | ||||||
8 | education and training for program
personnel.
| ||||||
9 | (5) Cooperate with and assist in the development of | ||||||
10 | education, prevention
and treatment programs for employees | ||||||
11 | of State and local governments and
businesses in the State.
| ||||||
12 | (6) Utilize the support and assistance of interested | ||||||
13 | persons in the
community, including recovering addicts and | ||||||
14 | alcoholics, to assist individuals
and communities in | ||||||
15 | understanding the dynamics of addiction, and to encourage
| ||||||
16 | individuals with alcohol or other drug abuse or dependency | ||||||
17 | problems to
voluntarily undergo treatment.
| ||||||
18 | (7) Promote, conduct, assist or sponsor basic | ||||||
19 | clinical, epidemiological
and statistical research into | ||||||
20 | alcoholism and other drug abuse and dependency,
and | ||||||
21 | research into the prevention of those problems either | ||||||
22 | solely or in
conjunction with any public or private agency.
| ||||||
23 | (8) Cooperate with public and private agencies, | ||||||
24 | organizations and
individuals in the development of | ||||||
25 | programs, and to provide technical assistance
and | ||||||
26 | consultation services for this purpose.
|
| |||||||
| |||||||
1 | (9) Publish or provide for the publishing of a manual | ||||||
2 | to assist medical
and social service providers in | ||||||
3 | identifying alcoholism and other drug abuse and
dependency | ||||||
4 | and coordinating the multidisciplinary delivery of | ||||||
5 | services to
addicted pregnant women, addicted mothers and | ||||||
6 | their children. The manual may
be used only to provide | ||||||
7 | information and may not be used by the Department to
| ||||||
8 | establish practice standards. The Department may not | ||||||
9 | require recipients to use
specific providers nor may they | ||||||
10 | require providers to refer recipients to
specific | ||||||
11 | providers. The manual may include, but need not be limited | ||||||
12 | to, the
following:
| ||||||
13 | (A) Information concerning risk assessments of | ||||||
14 | women seeking prenatal,
natal, and postnatal medical | ||||||
15 | care.
| ||||||
16 | (B) Information concerning risk assessments of | ||||||
17 | infants who may be
substance-affected.
| ||||||
18 | (C) Protocols that have been adopted by the | ||||||
19 | Illinois Department of
Children and Family Services | ||||||
20 | for the reporting and investigation of allegations
of | ||||||
21 | child abuse or neglect under the Abused and Neglected | ||||||
22 | Child Reporting Act.
| ||||||
23 | (D) Summary of procedures utilized in juvenile | ||||||
24 | court in cases of
children alleged or found to be | ||||||
25 | abused or neglected as a result of being born
to | ||||||
26 | addicted women.
|
| |||||||
| |||||||
1 | (E) Information concerning referral of addicted | ||||||
2 | pregnant women,
addicted mothers and their children by | ||||||
3 | medical, social service, and substance
abuse treatment | ||||||
4 | providers, by the Departments of Children and Family | ||||||
5 | Services, Public Aid, Public Health, and
Human | ||||||
6 | Services.
| ||||||
7 | (F) Effects of substance abuse on infants and | ||||||
8 | guidelines on the
symptoms, care, and comfort of | ||||||
9 | drug-withdrawing infants.
| ||||||
10 | (G) Responsibilities of the Illinois Department of | ||||||
11 | Public Health to
maintain statistics on the number of | ||||||
12 | children in Illinois addicted at birth.
| ||||||
13 | (10) To the extent permitted by federal law or | ||||||
14 | regulation, establish and
maintain a clearinghouse and | ||||||
15 | central repository for the development and
maintenance of a | ||||||
16 | centralized data collection and dissemination system and a
| ||||||
17 | management information system for all alcoholism and other | ||||||
18 | drug abuse
prevention, early intervention and treatment | ||||||
19 | services.
| ||||||
20 | (11) Fund, promote or assist programs, services, | ||||||
21 | demonstrations or
research dealing with addictive or | ||||||
22 | habituating behaviors detrimental to the
health of | ||||||
23 | Illinois citizens.
| ||||||
24 | (12) With monies appropriated from the Group Home Loan | ||||||
25 | Revolving Fund,
make loans, directly or through | ||||||
26 | subcontract, to assist in underwriting the
costs of housing |
| |||||||
| |||||||
1 | in which individuals recovering from alcohol or other drug
| ||||||
2 | abuse or dependency may reside in groups of not less than 6 | ||||||
3 | persons, pursuant
to Section 50-40 of this Act.
| ||||||
4 | (13) Promulgate such regulations as may be necessary | ||||||
5 | for the
administration of grants or to otherwise carry out | ||||||
6 | the purposes and enforce the
provisions of this Act.
| ||||||
7 | (14) Fund programs to help parents be effective in | ||||||
8 | preventing
substance abuse by building an awareness of | ||||||
9 | drugs and alcohol and the family's
role in preventing abuse | ||||||
10 | through adjusting expectations, developing new skills,
and | ||||||
11 | setting positive family goals. The programs shall include, | ||||||
12 | but not be
limited to, the following subjects: healthy | ||||||
13 | family communication; establishing
rules and limits; how | ||||||
14 | to reduce family conflict; how to build self-esteem,
| ||||||
15 | competency, and responsibility in children; how to improve | ||||||
16 | motivation and
achievement; effective discipline; problem | ||||||
17 | solving techniques; and how to talk
about drugs and | ||||||
18 | alcohol. The programs shall be open to all parents.
| ||||||
19 | (Source: P.A. 94-556, eff. 9-11-05; 95-331, eff. 8-21-07.)
| ||||||
20 | (Text of Section after amendment by P.A. 100-494 )
| ||||||
21 | Sec. 5-10. Functions of the Department.
| ||||||
22 | (a) In addition to the powers, duties and functions vested | ||||||
23 | in the Department
by this Act, or by other laws of this State, | ||||||
24 | the Department shall carry out the
following activities:
| ||||||
25 | (1) Design, coordinate and fund comprehensive a |
| |||||||
| |||||||
1 | comprehensive and coordinated
community-based and | ||||||
2 | culturally and gender-appropriate array of services
| ||||||
3 | throughout the State . These services must include
| ||||||
4 | prevention, early intervention, treatment, and other
| ||||||
5 | recovery support services for substance use disorders that
| ||||||
6 | are accessible and addresses the needs of at-risk
| ||||||
7 | individuals and their families. for the prevention, | ||||||
8 | intervention, treatment and
rehabilitation of alcohol and | ||||||
9 | other drug abuse and dependency that is
accessible and | ||||||
10 | addresses the needs of at-risk or addicted individuals and | ||||||
11 | their
families.
| ||||||
12 | (2) Act as the exclusive State agency to accept, | ||||||
13 | receive and expend,
pursuant to appropriation, any public | ||||||
14 | or private monies, grants or services,
including those | ||||||
15 | received from the federal government or from other State
| ||||||
16 | agencies, for the purpose of providing prevention, early
| ||||||
17 | intervention, treatment, and other recovery support
| ||||||
18 | services for substance use disorders. an array of services | ||||||
19 | for the prevention,
intervention, treatment and | ||||||
20 | rehabilitation of alcoholism or other drug abuse or
| ||||||
21 | dependency. Monies received by the Department shall be | ||||||
22 | deposited into
appropriate funds as may be created by State | ||||||
23 | law or administrative action.
| ||||||
24 | (2.5) In partnership with the Department of Healthcare | ||||||
25 | and Family Services, act as one of the principal State | ||||||
26 | agencies for the sole purpose of calculating the |
| |||||||
| |||||||
1 | maintenance of effort requirement under Section 1930 of | ||||||
2 | Title XIX, Part B, Subpart II of the Public Health Service | ||||||
3 | Act (42 U.S.C. 300x-30) and the Interim Final Rule (45 CFR | ||||||
4 | 96.134). | ||||||
5 | (3) Coordinate a statewide strategy among State | ||||||
6 | agencies for the
prevention, early intervention,
| ||||||
7 | treatment, and recovery support of substance use
| ||||||
8 | disorders. This strategy shall include the development of a
| ||||||
9 | comprehensive plan, submitted annually with the
| ||||||
10 | application for federal substance use disorder block grant
| ||||||
11 | funding, for the provision of an array of such services. | ||||||
12 | intervention, treatment and rehabilitation of alcohol and | ||||||
13 | other
drug abuse and dependency. This strategy shall | ||||||
14 | include the development of an
annual comprehensive State | ||||||
15 | plan for the provision of an array of services for
| ||||||
16 | education, prevention, intervention, treatment, relapse | ||||||
17 | prevention and other
services and activities to alleviate | ||||||
18 | alcoholism and other drug abuse and
dependency. The plan | ||||||
19 | shall be based on local community-based needs and upon
data | ||||||
20 | including, but not limited to, that which defines the | ||||||
21 | prevalence of and
costs associated with substance use
| ||||||
22 | disorders. the abuse of and dependency upon alcohol and | ||||||
23 | other drugs.
This comprehensive State plan shall include | ||||||
24 | identification of problems, needs,
priorities, services | ||||||
25 | and other pertinent information, including the needs of
| ||||||
26 | minorities and other specific priority populations in the |
| |||||||
| |||||||
1 | State, and shall describe how
the identified problems and | ||||||
2 | needs will be addressed. For purposes of this
paragraph, | ||||||
3 | the term "minorities and other specific priority | ||||||
4 | populations" may include,
but shall not be limited to, | ||||||
5 | groups such as women, children, intravenous drug
users, | ||||||
6 | persons with AIDS or who are HIV infected, veterans, | ||||||
7 | African-Americans, Puerto
Ricans, Hispanics, Asian | ||||||
8 | Americans, the elderly, persons in the criminal
justice | ||||||
9 | system, persons who are clients of services provided by | ||||||
10 | other State
agencies, persons with disabilities and such | ||||||
11 | other specific populations as the
Department may from time | ||||||
12 | to time identify. In developing the plan, the
Department | ||||||
13 | shall seek input from providers, parent groups, | ||||||
14 | associations and
interested citizens.
| ||||||
15 | The Beginning with State fiscal year 1996, the annual | ||||||
16 | comprehensive State plan
developed under this Section | ||||||
17 | shall include an explanation of the rationale to
be used in | ||||||
18 | ensuring that funding shall be based upon local community | ||||||
19 | needs,
including, but not limited to, the incidence and | ||||||
20 | prevalence of, and costs
associated with, substance use
| ||||||
21 | disorders, the abuse of and dependency upon alcohol and | ||||||
22 | other drugs, as
well as upon demonstrated program | ||||||
23 | performance.
| ||||||
24 | The annual comprehensive State plan developed under | ||||||
25 | this Section shall
also contain a report detailing the | ||||||
26 | activities of and progress made through services for the
|
| |||||||
| |||||||
1 | care and treatment of substance use disorders among
| ||||||
2 | pregnant women and mothers and their children established
| ||||||
3 | under subsection (j) of Section 35-5. by the programs
for | ||||||
4 | the care and treatment of addicted pregnant women, addicted | ||||||
5 | mothers and
their children established under subsection | ||||||
6 | (j) of Section 35-5 of this Act.
| ||||||
7 | As applicable, the plan developed under this Section
| ||||||
8 | shall also include information about funding by other State
| ||||||
9 | agencies for prevention, early intervention, treatment,
| ||||||
10 | and other recovery support services. | ||||||
11 | Each State agency which provides or funds alcohol or | ||||||
12 | drug prevention,
intervention and treatment services shall | ||||||
13 | annually prepare an agency plan for
providing such | ||||||
14 | services, and these shall be used by the Department in | ||||||
15 | preparing
the annual comprehensive statewide plan. Each | ||||||
16 | agency's annual plan for alcohol
and drug abuse services | ||||||
17 | shall contain a report on the activities and progress
of | ||||||
18 | such services in the prior year. The Department may provide | ||||||
19 | technical
assistance to other State agencies, as required, | ||||||
20 | in the development of their
agency plans.
| ||||||
21 | (4) Lead, foster and develop cooperation, coordination | ||||||
22 | and agreements
among federal and State governmental | ||||||
23 | agencies and local providers that provide
assistance, | ||||||
24 | services, funding or other functions, peripheral or | ||||||
25 | direct, in the
prevention, early intervention, treatment,
| ||||||
26 | and recovery support for substance use disorders. |
| |||||||
| |||||||
1 | intervention, treatment or rehabilitation of alcoholism | ||||||
2 | and other
drug abuse and dependency. This shall include, | ||||||
3 | but shall not be limited to,
the following:
| ||||||
4 | (A) Cooperate with and assist other State
| ||||||
5 | agencies, as applicable, in establishing and
| ||||||
6 | conducting substance use disorder services among the
| ||||||
7 | populations they respectively serve. the Department of | ||||||
8 | Corrections and
the Department on Aging in | ||||||
9 | establishing and conducting programs relating to | ||||||
10 | alcoholism
and other drug abuse and dependency among | ||||||
11 | those populations which they
respectively serve.
| ||||||
12 | (B) Cooperate with and assist the Illinois | ||||||
13 | Department of Public Health
in the establishment, | ||||||
14 | funding and support of programs and services for the
| ||||||
15 | promotion of maternal and child health and the | ||||||
16 | prevention and treatment of
infectious diseases, | ||||||
17 | including but not limited to HIV infection, especially
| ||||||
18 | with respect to those persons who are high risk due to
| ||||||
19 | intravenous injection of illegal drugs, or who may have
| ||||||
20 | been sexual partners of these individuals, or who may
| ||||||
21 | have impaired immune systems as a result of a
substance | ||||||
22 | use disorder. may abuse drugs by intravenous | ||||||
23 | injection, or
may have been sexual partners of drug | ||||||
24 | abusers, or may have abused substances so
that their | ||||||
25 | immune systems are impaired, causing them to be at high | ||||||
26 | risk.
|
| |||||||
| |||||||
1 | (C) Supply to the Department of Public Health and | ||||||
2 | prenatal care
providers a list of all providers who are
| ||||||
3 | licensed to provide substance use disorder treatment
| ||||||
4 | for pregnant women in this State. alcohol and other | ||||||
5 | drug abuse service providers for
addicted pregnant | ||||||
6 | women in this State.
| ||||||
7 | (D) Assist in the placement of child abuse or | ||||||
8 | neglect perpetrators
(identified by the Illinois | ||||||
9 | Department of Children and Family Services (DCFS) ) who
| ||||||
10 | have been determined to be in need of substance use
| ||||||
11 | disorder treatment alcohol or other drug abuse | ||||||
12 | services
pursuant to Section 8.2 of the Abused and | ||||||
13 | Neglected Child Reporting Act.
| ||||||
14 | (E) Cooperate with and assist DCFS the Illinois | ||||||
15 | Department of Children and
Family Services in carrying | ||||||
16 | out its mandates to:
| ||||||
17 | (i) identify substance use disorders alcohol | ||||||
18 | and other drug abuse issues among its clients and
| ||||||
19 | their families; and
| ||||||
20 | (ii) develop programs and services to deal | ||||||
21 | with such disorders problems .
| ||||||
22 | These programs and services may include, but shall not | ||||||
23 | be limited to,
programs to prevent or treat substance
| ||||||
24 | use disorders with DCFS clients and their families,
| ||||||
25 | identifying child care needs within such treatment, | ||||||
26 | the abuse of alcohol or other drugs by DCFS clients and
|
| |||||||
| |||||||
1 | their families, rehabilitation services, identifying | ||||||
2 | child care needs within
the array of alcohol and other | ||||||
3 | drug abuse services, and assistance with other
issues | ||||||
4 | as required.
| ||||||
5 | (F) Cooperate with and assist the Illinois | ||||||
6 | Criminal Justice Information
Authority with respect to | ||||||
7 | statistical and other information concerning the drug
| ||||||
8 | abuse incidence and prevalence of substance use
| ||||||
9 | disorders .
| ||||||
10 | (G) Cooperate with and assist the State | ||||||
11 | Superintendent of Education,
boards of education, | ||||||
12 | schools, police departments, the Illinois Department | ||||||
13 | of
State Police, courts and other public and private | ||||||
14 | agencies and individuals in
establishing prevention | ||||||
15 | programs statewide and preparing curriculum materials
| ||||||
16 | for use at all levels of education. An agreement shall | ||||||
17 | be entered into with the
State Superintendent of | ||||||
18 | Education to assist in the establishment of such
| ||||||
19 | programs.
| ||||||
20 | (H) Cooperate with and assist the Illinois | ||||||
21 | Department of Healthcare and Family Services in
the | ||||||
22 | development and provision of services offered to | ||||||
23 | recipients of public
assistance for the treatment and | ||||||
24 | prevention of substance use disorders. alcoholism and | ||||||
25 | other drug abuse
and dependency.
| ||||||
26 | (I) (Blank). Provide training recommendations to |
| |||||||
| |||||||
1 | other State agencies funding
alcohol or other drug | ||||||
2 | abuse prevention, intervention, treatment or
| ||||||
3 | rehabilitation services.
| ||||||
4 | (5) From monies appropriated to the Department from the | ||||||
5 | Drunk and Drugged
Driving Prevention Fund, make grants to | ||||||
6 | reimburse DUI evaluation and risk remedial
education | ||||||
7 | programs licensed by the Department for the costs of | ||||||
8 | providing
indigent persons with free or reduced-cost | ||||||
9 | evaluation and risk education services relating to a charge | ||||||
10 | of
driving under the influence of alcohol or other drugs.
| ||||||
11 | (6) Promulgate regulations to provide appropriate | ||||||
12 | facility and clinical standards for publicly
and privately | ||||||
13 | funded programs as well as for levels of payment to | ||||||
14 | government
funded programs that which provide an array of | ||||||
15 | services for prevention,
early intervention, treatment , | ||||||
16 | and other recovery support services for substance use | ||||||
17 | disorders and those services referenced in Sections 15-10
| ||||||
18 | and 40-5. and rehabilitation for alcoholism and other drug | ||||||
19 | abuse
or dependency.
| ||||||
20 | (7) In consultation with local service providers and
| ||||||
21 | related trade associations , specify a uniform
statistical | ||||||
22 | methodology for use by funded providers agencies, | ||||||
23 | organizations, individuals and the
Department for billing
| ||||||
24 | and collection and dissemination of statistical | ||||||
25 | information
regarding services related to substance use
| ||||||
26 | disorders. alcoholism and other drug use and abuse. This
|
| |||||||
| |||||||
1 | shall include prevention services delivered, the number of | ||||||
2 | persons treated,
frequency of admission and readmission, | ||||||
3 | and duration of treatment.
| ||||||
4 | (8) Receive data and assistance from federal, State and | ||||||
5 | local governmental
agencies, and obtain copies of | ||||||
6 | identification and arrest data from all federal,
State and | ||||||
7 | local law enforcement agencies for use in carrying out the | ||||||
8 | purposes
and functions of the Department.
| ||||||
9 | (9) License treatment Designate and license providers | ||||||
10 | to conduct screening, assessment,
referral and tracking of | ||||||
11 | clients identified by the criminal justice system as
having | ||||||
12 | indications of substance use
disorders alcoholism or other | ||||||
13 | drug abuse or dependency and being
eligible to make an | ||||||
14 | election for treatment under Section 40-5 of this Act, and
| ||||||
15 | assist in the placement of individuals who are under court | ||||||
16 | order to participate
in treatment.
| ||||||
17 | (10) Designate medical and clinical standards through
| ||||||
18 | administrative rule that will be utilized to determine a
| ||||||
19 | substance use disorder diagnosis. examination and other | ||||||
20 | programs for determining
alcoholism and other drug abuse | ||||||
21 | and dependency.
| ||||||
22 | (11) (Blank). Encourage service providers who receive | ||||||
23 | financial assistance in any
form from the State to assess | ||||||
24 | and collect fees for services rendered.
| ||||||
25 | (12) Make grants with funds appropriated from the Drug | ||||||
26 | Treatment Fund in
accordance with Section 7 of the |
| |||||||
| |||||||
1 | Controlled Substance and Cannabis Nuisance
Act, or in | ||||||
2 | accordance with Section 80 of the Methamphetamine Control | ||||||
3 | and Community Protection Act, or in accordance with | ||||||
4 | subsections (h) and (i) of Section 411.2 of the
Illinois | ||||||
5 | Controlled Substances Act.
| ||||||
6 | (13) Encourage all health and disability insurance | ||||||
7 | programs to include
substance use disorder
treatment as a | ||||||
8 | covered service and to use the clinical
standards adopted | ||||||
9 | by the Department in determining
medical necessity for such | ||||||
10 | services and criteria for
continuing stay. alcoholism and | ||||||
11 | other drug abuse and dependency as a covered illness.
| ||||||
12 | (14) Award grants and enter into fixed-rate and | ||||||
13 | fee-for-service Make such agreements, grants-in-aid and | ||||||
14 | purchase-care arrangements
with any other department, | ||||||
15 | authority or commission of this State, or any other
state | ||||||
16 | or the federal government or with any public or private | ||||||
17 | agency, including
the disbursement of funds and furnishing | ||||||
18 | of staff, to effectuate the purposes
of this Act.
| ||||||
19 | (15) Conduct a public information campaign to inform | ||||||
20 | the State's
Hispanic residents regarding the prevention | ||||||
21 | and treatment of substance use disorders. alcoholism.
| ||||||
22 | (b) In addition to the powers, duties and functions vested | ||||||
23 | in it by this
Act, or by other laws of this State, the | ||||||
24 | Department may undertake, but shall
not be limited to, the | ||||||
25 | following activities:
| ||||||
26 | (1) Require all organizations licensed or programs |
| |||||||
| |||||||
1 | funded by the Department to include an education
component | ||||||
2 | to inform participants regarding the causes and means of | ||||||
3 | transmission
and methods of reducing the risk of acquiring | ||||||
4 | or transmitting HIV infection and other infectious
| ||||||
5 | diseases ,
and to include funding for such education | ||||||
6 | component in its support of the
program.
| ||||||
7 | (2) Review all State agency applications for federal | ||||||
8 | funds that which include
provisions relating to the | ||||||
9 | prevention, early intervention and treatment of
substance | ||||||
10 | use
disorders in order to ensure consistency. alcoholism | ||||||
11 | and other drug abuse and dependency in order to ensure | ||||||
12 | consistency
with the comprehensive statewide plan | ||||||
13 | developed pursuant to this Act.
| ||||||
14 | (3) Prepare, publish, evaluate, disseminate and serve | ||||||
15 | as a central
repository for educational materials dealing | ||||||
16 | with the nature and effects of
substance use disorders. | ||||||
17 | alcoholism and other drug abuse and dependency. Such | ||||||
18 | materials may deal with
the educational needs of the | ||||||
19 | citizens of Illinois, and may include at least
pamphlets | ||||||
20 | that which describe the causes and effects of fetal alcohol
| ||||||
21 | spectrum disorders. fetal alcohol syndrome,
which the | ||||||
22 | Department may distribute free of charge to each county | ||||||
23 | clerk in
sufficient quantities that the county clerk may | ||||||
24 | provide a pamphlet to the
recipients of all marriage | ||||||
25 | licenses issued in the county.
| ||||||
26 | (4) Develop and coordinate, with regional and local |
| |||||||
| |||||||
1 | agencies, education
and training programs for persons | ||||||
2 | engaged in providing the array of services
for persons with
| ||||||
3 | substance use disorders, having alcoholism or other drug | ||||||
4 | abuse and dependency problems,
which programs may include | ||||||
5 | specific HIV education and training for program
personnel.
| ||||||
6 | (5) Cooperate with and assist in the development of | ||||||
7 | education, prevention , early intervention,
and treatment | ||||||
8 | programs for employees of State and local governments and
| ||||||
9 | businesses in the State.
| ||||||
10 | (6) Utilize the support and assistance of interested | ||||||
11 | persons in the
community, including recovering persons, | ||||||
12 | addicts and alcoholics, to assist individuals
and | ||||||
13 | communities in understanding the dynamics of substance use
| ||||||
14 | disorders, addiction, and to encourage
individuals with | ||||||
15 | substance use disorders alcohol or other drug abuse or | ||||||
16 | dependency problems to
voluntarily undergo treatment.
| ||||||
17 | (7) Promote, conduct, assist or sponsor basic | ||||||
18 | clinical, epidemiological
and statistical research into | ||||||
19 | substance use disorders alcoholism and other drug abuse and | ||||||
20 | dependency,
and research into the prevention of those | ||||||
21 | problems either solely or in
conjunction with any public or | ||||||
22 | private agency.
| ||||||
23 | (8) Cooperate with public and private agencies, | ||||||
24 | organizations and
individuals in the development of | ||||||
25 | programs, and to provide technical assistance
and | ||||||
26 | consultation services for this purpose.
|
| |||||||
| |||||||
1 | (9) (Blank). Publish or provide for the publishing of a | ||||||
2 | manual to assist medical
and social service providers in | ||||||
3 | identifying alcoholism and other drug abuse and
dependency | ||||||
4 | and coordinating the multidisciplinary delivery of | ||||||
5 | services to
addicted pregnant women, addicted mothers and | ||||||
6 | their children. The manual may
be used only to provide | ||||||
7 | information and may not be used by the Department to
| ||||||
8 | establish practice standards. The Department may not | ||||||
9 | require recipients to use
specific providers nor may they | ||||||
10 | require providers to refer recipients to
specific | ||||||
11 | providers. The manual may include, but need not be limited | ||||||
12 | to, the
following:
| ||||||
13 | (A) Information concerning risk assessments of | ||||||
14 | women seeking prenatal,
natal, and postnatal medical | ||||||
15 | care.
| ||||||
16 | (B) Information concerning risk assessments of | ||||||
17 | infants who may be
substance-affected.
| ||||||
18 | (C) Protocols that have been adopted by the | ||||||
19 | Illinois Department of
Children and Family Services | ||||||
20 | for the reporting and investigation of allegations
of | ||||||
21 | child abuse or neglect under the Abused and Neglected | ||||||
22 | Child Reporting Act.
| ||||||
23 | (D) Summary of procedures utilized in juvenile | ||||||
24 | court in cases of
children alleged or found to be | ||||||
25 | abused or neglected as a result of being born
to | ||||||
26 | addicted women.
|
| |||||||
| |||||||
1 | (E) Information concerning referral of addicted | ||||||
2 | pregnant women,
addicted mothers and their children by | ||||||
3 | medical, social service, and substance
abuse treatment | ||||||
4 | providers, by the Departments of Children and Family | ||||||
5 | Services, Public Aid, Public Health, and
Human | ||||||
6 | Services.
| ||||||
7 | (F) Effects of substance abuse on infants and | ||||||
8 | guidelines on the
symptoms, care, and comfort of | ||||||
9 | drug-withdrawing infants.
| ||||||
10 | (G) Responsibilities of the Illinois Department of | ||||||
11 | Public Health to
maintain statistics on the number of | ||||||
12 | children in Illinois addicted at birth.
| ||||||
13 | (10) (Blank). To the extent permitted by federal law or | ||||||
14 | regulation, establish and
maintain a clearinghouse and | ||||||
15 | central repository for the development and
maintenance of a | ||||||
16 | centralized data collection and dissemination system and a
| ||||||
17 | management information system for all alcoholism and other | ||||||
18 | drug abuse
prevention, early intervention and treatment | ||||||
19 | services.
| ||||||
20 | (11) Fund, promote , or assist entities dealing with
| ||||||
21 | substance use disorders. programs, services, | ||||||
22 | demonstrations or
research dealing with addictive or | ||||||
23 | habituating behaviors detrimental to the
health of | ||||||
24 | Illinois citizens.
| ||||||
25 | (12) With monies appropriated from the Group Home Loan | ||||||
26 | Revolving Fund,
make loans, directly or through |
| |||||||
| |||||||
1 | subcontract, to assist in underwriting the
costs of housing | ||||||
2 | in which individuals recovering from substance use
| ||||||
3 | disorders may reside, alcohol or other drug
abuse or | ||||||
4 | dependency may reside in groups of not less than 6 persons, | ||||||
5 | pursuant
to Section 50-40 of this Act.
| ||||||
6 | (13) Promulgate such regulations as may be necessary to | ||||||
7 | for the
administration of grants or to otherwise carry out | ||||||
8 | the purposes and enforce the
provisions of this Act.
| ||||||
9 | (14) Provide funding Fund programs to help parents be | ||||||
10 | effective in preventing
substance use disorders abuse by | ||||||
11 | building an awareness of drugs and alcohol and the family's
| ||||||
12 | role in preventing substance use disorders abuse through | ||||||
13 | adjusting expectations, developing new skills,
and setting | ||||||
14 | positive family goals. The programs shall include, but not | ||||||
15 | be
limited to, the following subjects: healthy family | ||||||
16 | communication; establishing
rules and limits; how to | ||||||
17 | reduce family conflict; how to build self-esteem,
| ||||||
18 | competency, and responsibility in children; how to improve | ||||||
19 | motivation and
achievement; effective discipline; problem | ||||||
20 | solving techniques; and how to talk
about drugs and | ||||||
21 | alcohol. The programs shall be open to all parents.
| ||||||
22 | (Source: P.A. 100-494, eff. 6-1-18.)
| ||||||
23 | (20 ILCS 301/5-20)
| ||||||
24 | Sec. 5-20. Gambling disorders. Compulsive gambling | ||||||
25 | program.
|
| |||||||
| |||||||
1 | (a) Subject to appropriation, the Department shall | ||||||
2 | establish a program for
public education, research, and | ||||||
3 | training regarding problem and compulsive
gambling disorders | ||||||
4 | and the treatment and prevention of gambling disorders. problem | ||||||
5 | and compulsive gambling.
Subject to specific appropriation for | ||||||
6 | these stated purposes, the program must
include all of the | ||||||
7 | following:
| ||||||
8 | (1) Establishment and maintenance of a toll-free "800" | ||||||
9 | telephone number
to provide crisis counseling and referral | ||||||
10 | services to families experiencing
difficulty as a result of | ||||||
11 | gambling disorders. problem or compulsive gambling.
| ||||||
12 | (2) Promotion of public awareness regarding the | ||||||
13 | recognition and
prevention of gambling disorders. problem | ||||||
14 | and compulsive gambling.
| ||||||
15 | (3) Facilitation, through in-service training and | ||||||
16 | other means, of the
availability of effective assistance | ||||||
17 | programs for gambling disorders. problem and compulsive
| ||||||
18 | gamblers.
| ||||||
19 | (4) Conducting studies to identify adults and | ||||||
20 | juveniles in this
State who have, are, or who are at risk | ||||||
21 | of developing, gambling disorders. becoming, problem or | ||||||
22 | compulsive gamblers.
| ||||||
23 | (b) Subject to appropriation, the Department shall either | ||||||
24 | establish and
maintain the program or contract with a private | ||||||
25 | or public entity for the
establishment and maintenance of the | ||||||
26 | program. Subject to appropriation, either
the Department or the |
| |||||||
| |||||||
1 | private or public entity shall implement the toll-free
| ||||||
2 | telephone number, promote public awareness, and conduct | ||||||
3 | in-service training
concerning gambling disorders. problem and | ||||||
4 | compulsive gambling.
| ||||||
5 | (c) Subject to appropriation, the Department shall produce | ||||||
6 | and supply the
signs specified in Section 10.7 of the Illinois | ||||||
7 | Lottery Law, Section 34.1 of
the Illinois Horse Racing Act of | ||||||
8 | 1975, Section 4.3 of the Bingo License and Tax
Act, Section 8.1 | ||||||
9 | of the Charitable Games Act, and Section 13.1 of the Riverboat
| ||||||
10 | Gambling Act.
| ||||||
11 | (Source: P.A. 89-374, eff. 1-1-96; 89-626, eff. 8-9-96.)
| ||||||
12 | (20 ILCS 301/5-23) | ||||||
13 | Sec. 5-23. Drug Overdose Prevention Program. | ||||||
14 | (a) Reports of drug overdose. | ||||||
15 | (1) The Department may Director of the Division of | ||||||
16 | Alcoholism and Substance Abuse shall publish annually a | ||||||
17 | report on drug overdose trends statewide that reviews State | ||||||
18 | death rates from available data to ascertain changes in the | ||||||
19 | causes or rates of fatal and nonfatal drug overdose. The | ||||||
20 | report shall also provide information on interventions | ||||||
21 | that would be effective in reducing the rate of fatal or | ||||||
22 | nonfatal drug overdose and shall include an analysis of | ||||||
23 | drug overdose information reported to the Department of | ||||||
24 | Public Health pursuant to subsection (e) of Section 3-3013 | ||||||
25 | of the Counties Code, Section 6.14g of the Hospital |
| |||||||
| |||||||
1 | Licensing Act, and subsection (j) of Section 22-30 of the | ||||||
2 | School Code. | ||||||
3 | (2) The report may include: | ||||||
4 | (A) Trends in drug overdose death rates. | ||||||
5 | (B) Trends in emergency room utilization related | ||||||
6 | to drug overdose and the cost impact of emergency room | ||||||
7 | utilization. | ||||||
8 | (C) Trends in utilization of pre-hospital and | ||||||
9 | emergency services and the cost impact of emergency | ||||||
10 | services utilization. | ||||||
11 | (D) Suggested improvements in data collection. | ||||||
12 | (E) A description of other interventions effective | ||||||
13 | in reducing the rate of fatal or nonfatal drug | ||||||
14 | overdose. | ||||||
15 | (F) A description of efforts undertaken to educate | ||||||
16 | the public about unused medication and about how to | ||||||
17 | properly dispose of unused medication, including the | ||||||
18 | number of registered collection receptacles in this | ||||||
19 | State, mail-back programs, and drug take-back events. | ||||||
20 | (b) Programs; drug overdose prevention. | ||||||
21 | (1) The Department Director may establish a program to | ||||||
22 | provide for the production and publication, in electronic | ||||||
23 | and other formats, of drug overdose prevention, | ||||||
24 | recognition, and response literature. The Department | ||||||
25 | Director may develop and disseminate curricula for use by | ||||||
26 | professionals, organizations, individuals, or committees |
| |||||||
| |||||||
1 | interested in the prevention of fatal and nonfatal drug | ||||||
2 | overdose, including, but not limited to, drug users, jail | ||||||
3 | and prison personnel, jail and prison inmates, drug | ||||||
4 | treatment professionals, emergency medical personnel, | ||||||
5 | hospital staff, families and associates of drug users, | ||||||
6 | peace officers, firefighters, public safety officers, | ||||||
7 | needle exchange program staff, and other persons. In | ||||||
8 | addition to information regarding drug overdose | ||||||
9 | prevention, recognition, and response, literature produced | ||||||
10 | by the Department shall stress that drug use remains | ||||||
11 | illegal and highly dangerous and that complete abstinence | ||||||
12 | from illegal drug use is the healthiest choice. The | ||||||
13 | literature shall provide information and resources for | ||||||
14 | substance use disorder substance abuse treatment. | ||||||
15 | The Department Director may establish or authorize | ||||||
16 | programs for prescribing, dispensing, or distributing | ||||||
17 | opioid 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 administer | ||||||
24 | an opioid antagonist. | ||||||
25 | (2) The Department Director may provide advice to State | ||||||
26 | and local officials on the growing drug overdose crisis, |
| |||||||
| |||||||
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 | (c) Grants. | ||||||
6 | (1) The Department Director may award grants, in | ||||||
7 | accordance with this subsection, to create or support local | ||||||
8 | drug overdose prevention, recognition, and response | ||||||
9 | projects. Local health departments, correctional | ||||||
10 | institutions, hospitals, universities, community-based | ||||||
11 | organizations, and faith-based organizations may apply to | ||||||
12 | the Department for a grant under this subsection at the | ||||||
13 | time and in the manner the Department Director prescribes. | ||||||
14 | (2) In awarding grants, the Department Director shall | ||||||
15 | consider the necessity for overdose prevention projects in | ||||||
16 | various settings and shall encourage all grant applicants | ||||||
17 | to develop interventions that will be effective and viable | ||||||
18 | in their local areas. | ||||||
19 | (3) The Department Director shall give preference for | ||||||
20 | grants to proposals that, in addition to providing | ||||||
21 | life-saving interventions and responses, provide | ||||||
22 | information to drug users on how to access substance use | ||||||
23 | disorder drug treatment or other strategies for abstaining | ||||||
24 | from illegal drugs. The Department Director shall give | ||||||
25 | preference to proposals that include one or more of the | ||||||
26 | following elements: |
| |||||||
| |||||||
1 | (A) Policies and projects to encourage persons, | ||||||
2 | including drug users, to call 911 when they witness a | ||||||
3 | potentially fatal drug overdose. | ||||||
4 | (B) Drug overdose prevention, recognition, and | ||||||
5 | response education projects in drug treatment centers, | ||||||
6 | outreach programs, and other organizations that work | ||||||
7 | with, or have access to, drug users and their families | ||||||
8 | and communities. | ||||||
9 | (C) Drug overdose recognition and response | ||||||
10 | training, including rescue breathing, in drug | ||||||
11 | treatment centers and for other organizations that | ||||||
12 | work with, or have access to, drug users and their | ||||||
13 | families and communities. | ||||||
14 | (D) The production and distribution of targeted or | ||||||
15 | mass media materials on drug overdose prevention and | ||||||
16 | response, the potential dangers of keeping unused | ||||||
17 | prescription drugs in the home, and methods to properly | ||||||
18 | dispose of unused prescription drugs. | ||||||
19 | (E) Prescription and distribution of opioid | ||||||
20 | antagonists. | ||||||
21 | (F) The institution of education and training | ||||||
22 | projects on drug overdose response and treatment for | ||||||
23 | emergency services and law enforcement personnel. | ||||||
24 | (G) A system of parent, family, and survivor | ||||||
25 | education and mutual support groups. | ||||||
26 | (4) In addition to moneys appropriated by the General |
| |||||||
| |||||||
1 | Assembly, the Department Director may seek grants from | ||||||
2 | private foundations, the federal government, and other | ||||||
3 | sources to fund the grants under this Section and to fund | ||||||
4 | an evaluation of the programs supported by the grants. | ||||||
5 | (d) Health care professional prescription of opioid | ||||||
6 | antagonists. | ||||||
7 | (1) A health care professional who, acting in good | ||||||
8 | faith, directly or by standing order, prescribes or | ||||||
9 | dispenses an opioid antagonist to: (a) a patient who, in | ||||||
10 | the judgment of the health care professional, is capable of | ||||||
11 | administering the drug in an emergency, or (b) a person who | ||||||
12 | is not at risk of opioid overdose but who, in the judgment | ||||||
13 | of the health care professional, may be in a position to | ||||||
14 | assist another individual during an opioid-related drug | ||||||
15 | overdose and who has received basic instruction on how to | ||||||
16 | administer an opioid antagonist shall not, as a result of | ||||||
17 | his or her acts or omissions, be subject to: (i) any | ||||||
18 | disciplinary or other adverse action under the Medical | ||||||
19 | Practice Act of 1987, the Physician Assistant Practice Act | ||||||
20 | of 1987, the Nurse Practice Act, the Pharmacy Practice Act, | ||||||
21 | or any other professional licensing statute or (ii) any | ||||||
22 | criminal liability, except for willful and wanton | ||||||
23 | misconduct. | ||||||
24 | (2) A person who is not otherwise licensed to | ||||||
25 | administer an opioid antagonist may in an emergency | ||||||
26 | administer without fee an opioid antagonist if the person |
| |||||||
| |||||||
1 | has received the patient information specified in | ||||||
2 | paragraph (4) of this subsection and believes in good faith | ||||||
3 | that another person is experiencing a drug overdose. The | ||||||
4 | person shall not, as a result of his or her acts or | ||||||
5 | omissions, be (i) liable for any violation of the Medical | ||||||
6 | Practice Act of 1987, the Physician Assistant Practice Act | ||||||
7 | of 1987, the Nurse Practice Act, the Pharmacy Practice Act, | ||||||
8 | or any other professional licensing statute, or (ii) | ||||||
9 | subject to any criminal prosecution or civil liability, | ||||||
10 | except for willful and wanton misconduct. | ||||||
11 | (3) A health care professional prescribing an opioid | ||||||
12 | antagonist to a patient shall ensure that the patient | ||||||
13 | receives the patient information specified in paragraph | ||||||
14 | (4) of this subsection. Patient information may be provided | ||||||
15 | by the health care professional or a community-based | ||||||
16 | organization, substance use disorder substance abuse | ||||||
17 | program, or other organization with which the health care | ||||||
18 | professional establishes a written agreement that includes | ||||||
19 | a description of how the organization will provide patient | ||||||
20 | information, how employees or volunteers providing | ||||||
21 | information will be trained, and standards for documenting | ||||||
22 | the provision of patient information to patients. | ||||||
23 | Provision of patient information shall be documented in the | ||||||
24 | patient's medical record or through similar means as | ||||||
25 | determined by agreement between the health care | ||||||
26 | professional and the organization. The Department, |
| |||||||
| |||||||
1 | Director of the Division of Alcoholism and Substance Abuse, | ||||||
2 | in consultation with statewide organizations representing | ||||||
3 | physicians, pharmacists, advanced practice registered | ||||||
4 | nurses, physician assistants, substance use disorder | ||||||
5 | substance abuse programs, and other interested groups, | ||||||
6 | shall develop and disseminate to health care | ||||||
7 | professionals, community-based organizations, substance | ||||||
8 | use disorder substance abuse programs, and other | ||||||
9 | organizations training materials in video, electronic, or | ||||||
10 | other formats to facilitate the provision of such patient | ||||||
11 | information. | ||||||
12 | (4) For the purposes of this subsection: | ||||||
13 | "Opioid antagonist" means a drug that binds to opioid | ||||||
14 | receptors and blocks or inhibits the effect of opioids | ||||||
15 | acting on those receptors, including, but not limited to, | ||||||
16 | naloxone hydrochloride or any other similarly acting drug | ||||||
17 | approved by the U.S. Food and Drug Administration. | ||||||
18 | "Health care professional" means a physician licensed | ||||||
19 | to practice medicine in all its branches, a licensed | ||||||
20 | physician assistant with prescriptive authority, a | ||||||
21 | licensed advanced practice registered nurse with | ||||||
22 | prescriptive authority, an advanced practice registered | ||||||
23 | nurse or physician assistant who practices in a hospital, | ||||||
24 | hospital affiliate, or ambulatory surgical treatment | ||||||
25 | center and possesses appropriate clinical privileges in | ||||||
26 | accordance with the Nurse Practice Act, or a pharmacist |
| |||||||
| |||||||
1 | licensed to practice pharmacy under the Pharmacy Practice | ||||||
2 | Act. | ||||||
3 | "Patient" includes a person who is not at risk of | ||||||
4 | opioid overdose but who, in the judgment of the physician, | ||||||
5 | advanced practice registered nurse, or physician | ||||||
6 | assistant, may be in a position to assist another | ||||||
7 | individual during an overdose and who has received patient | ||||||
8 | information as required in paragraph (2) of this subsection | ||||||
9 | on the indications for and administration of an opioid | ||||||
10 | antagonist. | ||||||
11 | "Patient information" includes information provided to | ||||||
12 | the patient on drug overdose prevention and recognition; | ||||||
13 | how to perform rescue breathing and resuscitation; opioid | ||||||
14 | antagonist dosage and administration; the importance of | ||||||
15 | calling 911; care for the overdose victim after | ||||||
16 | administration of the overdose antagonist; and other | ||||||
17 | issues as necessary.
| ||||||
18 | (e) Drug overdose response policy. | ||||||
19 | (1) Every State and local government agency that | ||||||
20 | employs a law enforcement officer or fireman as those terms | ||||||
21 | are defined in the Line of Duty Compensation Act must | ||||||
22 | possess opioid antagonists and must establish a policy to | ||||||
23 | control the acquisition, storage, transportation, and | ||||||
24 | administration of such opioid antagonists and to provide | ||||||
25 | training in the administration of opioid antagonists. A | ||||||
26 | State or local government agency that employs a fireman as |
| |||||||
| |||||||
1 | defined in the Line of Duty Compensation Act but does not | ||||||
2 | respond to emergency medical calls or provide medical | ||||||
3 | services shall be exempt from this subsection. | ||||||
4 | (2) Every publicly or privately owned ambulance, | ||||||
5 | special emergency medical services vehicle, non-transport | ||||||
6 | vehicle, or ambulance assist vehicle, as described in the | ||||||
7 | Emergency Medical Services (EMS) Systems Act, that which | ||||||
8 | responds to requests for emergency services or transports | ||||||
9 | patients between hospitals in emergency situations must | ||||||
10 | possess opioid antagonists. | ||||||
11 | (3) Entities that are required under paragraphs (1) and | ||||||
12 | (2) to possess opioid antagonists may also apply to the | ||||||
13 | Department for a grant to fund the acquisition of opioid | ||||||
14 | antagonists and training programs on the administration of | ||||||
15 | opioid antagonists. | ||||||
16 | (Source: P.A. 99-173, eff. 7-29-15; 99-480, eff. 9-9-15; | ||||||
17 | 99-581, eff. 1-1-17; 99-642, eff. 7-28-16; 100-201, eff. | ||||||
18 | 8-18-17; 100-513, eff. 1-1-18 .)
| ||||||
19 | (20 ILCS 301/10-5)
| ||||||
20 | Sec. 10-5. Illinois Advisory Council established. There is | ||||||
21 | established
the Illinois Advisory Council on Substance Use | ||||||
22 | Disorders. Alcoholism and Other Drug Dependency. The
members of | ||||||
23 | the Council shall receive no compensation for their service but
| ||||||
24 | shall be reimbursed for all expenses actually and necessarily | ||||||
25 | incurred by them
in the performance of their duties under this |
| |||||||
| |||||||
1 | Act, and within the amounts made
available to them by the | ||||||
2 | Department. The Council shall annually elect a
presiding | ||||||
3 | officer from among its membership. The Council may shall meet | ||||||
4 | quarterly or at the call of the Department, or at the call of | ||||||
5 | its presiding officer,
or upon the request of a majority of its | ||||||
6 | members. The Department shall provide
space and clerical and | ||||||
7 | consulting services to the Council.
| ||||||
8 | (Source: P.A. 94-1033, eff. 7-1-07 .)
| ||||||
9 | (20 ILCS 301/10-10)
| ||||||
10 | Sec. 10-10. Powers and duties of the Council. The Council | ||||||
11 | shall:
| ||||||
12 | (a) Advise the Department on ways to encourage public | ||||||
13 | understanding and
support of the Department's programs.
| ||||||
14 | (b) Advise the Department on regulations and licensure | ||||||
15 | proposed by the
Department.
| ||||||
16 | (c) Advise the Department in the formulation, | ||||||
17 | preparation , and
implementation of the annual plan | ||||||
18 | submitted with the federal Substance Use Disorder Block | ||||||
19 | Grant application for prevention, early intervention, | ||||||
20 | treatment, and other recovery support services for | ||||||
21 | substance use disorders. comprehensive State plan for | ||||||
22 | prevention, intervention,
treatment and relapse prevention | ||||||
23 | of alcoholism and other drug abuse and
dependency.
| ||||||
24 | (d) Advise the Department on implementation of | ||||||
25 | substance use disorder alcoholism and other drug
abuse and |
| |||||||
| |||||||
1 | dependency education and prevention programs throughout | ||||||
2 | the State.
| ||||||
3 | (e) Assist with incorporating into the annual plan | ||||||
4 | submitted with the federal Substance Use Disorder Block | ||||||
5 | Grant application, planning information specific to | ||||||
6 | Illinois' female population. The information By January 1, | ||||||
7 | 1995, and by January 1 of every third year thereafter,
in
| ||||||
8 | cooperation with the Committee on Women's Alcohol and | ||||||
9 | Substance Abuse
Treatment, submit to the Governor and | ||||||
10 | General Assembly a planning document,
specific to | ||||||
11 | Illinois' female population. The document shall contain, | ||||||
12 | but need
not be limited to, interagency information | ||||||
13 | concerning the types of services
funded, the client | ||||||
14 | population served, the support services available , and
| ||||||
15 | provided during the preceding 3 year period, and the goals, | ||||||
16 | objectives,
proposed methods of achievement, service | ||||||
17 | client projections and cost estimate for the
upcoming year. | ||||||
18 | 3 year period. The document may include, if deemed | ||||||
19 | necessary and
appropriate, recommendations regarding the | ||||||
20 | reorganization of the Department to
enhance and increase | ||||||
21 | prevention, treatment and support services available to
| ||||||
22 | women.
| ||||||
23 | (f) Perform other duties as requested by the Secretary. | ||||||
24 | (g) Advise the Department in the planning, | ||||||
25 | development, and coordination of programs among all | ||||||
26 | agencies and departments of State government, including |
| |||||||
| |||||||
1 | programs to reduce substance use disorders, alcoholism and | ||||||
2 | drug addiction, prevent the misuse of illegal and legal | ||||||
3 | drugs use of illegal drugs and abuse of legal drugs by | ||||||
4 | persons of all ages, and prevent the use of alcohol by | ||||||
5 | minors. | ||||||
6 | (h) Promote and encourage participation by the private | ||||||
7 | sector, including business, industry, labor, and the | ||||||
8 | media, in programs to prevent substance use disorders. | ||||||
9 | alcoholism and other drug abuse and dependency. | ||||||
10 | (i) Encourage the implementation of programs to | ||||||
11 | prevent substance use disorders alcoholism and other drug | ||||||
12 | abuse and dependency in the public and private schools and | ||||||
13 | educational institutions . , including establishment of | ||||||
14 | alcoholism and other drug abuse and dependency programs. | ||||||
15 | (j) Gather information, conduct hearings, and make | ||||||
16 | recommendations to the Secretary concerning additions, | ||||||
17 | deletions, or rescheduling of substances under the | ||||||
18 | Illinois Controlled Substances Act. | ||||||
19 | (k) Report as requested annually to the General | ||||||
20 | Assembly regarding the activities and recommendations made | ||||||
21 | by the Council.
| ||||||
22 | With the advice and consent of the Secretary, the presiding
| ||||||
23 | officer shall annually appoint a Special Committee on | ||||||
24 | Licensure, which shall advise the Secretary on particular cases | ||||||
25 | on
which the Department intends to take action that is adverse | ||||||
26 | to an
applicant or license holder, and shall review an annual |
| |||||||
| |||||||
1 | report submitted by the
Secretary summarizing all licensure | ||||||
2 | sanctions imposed by the
Department.
| ||||||
3 | (Source: P.A. 94-1033, eff. 7-1-07 .)
| ||||||
4 | (20 ILCS 301/10-15)
| ||||||
5 | Sec. 10-15. Qualification and appointment of members. The | ||||||
6 | membership of
the Illinois Advisory Council may, as needed, | ||||||
7 | shall consist of:
| ||||||
8 | (a) A State's Attorney designated by the President of | ||||||
9 | the Illinois State's
Attorneys Association.
| ||||||
10 | (b) A judge designated by the Chief Justice of the | ||||||
11 | Illinois Supreme Court.
| ||||||
12 | (c) A Public Defender appointed by the President of the | ||||||
13 | Illinois Public Defender
Association.
| ||||||
14 | (d) A local law enforcement officer appointed by the | ||||||
15 | Governor.
| ||||||
16 | (e) A labor representative appointed by the Governor.
| ||||||
17 | (f) An educator appointed by the Governor.
| ||||||
18 | (g) A physician licensed to practice medicine in all | ||||||
19 | its branches
appointed
by the Governor with due regard for | ||||||
20 | the appointee's knowledge of the field of
substance use | ||||||
21 | disorders. alcoholism and other drug abuse and dependency.
| ||||||
22 | (h) 4 members of the Illinois House of Representatives, | ||||||
23 | 2 each appointed
by the Speaker and Minority Leader.
| ||||||
24 | (i) 4 members of the Illinois Senate, 2 each appointed | ||||||
25 | by the President
and Minority Leader.
|
| |||||||
| |||||||
1 | (j) The Chief Executive Officer of the Illinois | ||||||
2 | Association for Behavioral Health or his or her designee. | ||||||
3 | President of the Illinois Alcoholism and Drug Dependence
| ||||||
4 | Association.
| ||||||
5 | (k) An advocate for the needs of youth appointed by the | ||||||
6 | Governor.
| ||||||
7 | (l) The President of the Illinois State Medical Society | ||||||
8 | or his or her
designee.
| ||||||
9 | (m) The President of the Illinois Hospital Association | ||||||
10 | or his or her
designee.
| ||||||
11 | (n) The President of the Illinois Nurses Association or | ||||||
12 | a registered nurse
designated by the President.
| ||||||
13 | (o) The President of the Illinois Pharmacists | ||||||
14 | Association or a licensed
pharmacist designated by the | ||||||
15 | President.
| ||||||
16 | (p) The President of the Illinois Chapter of the | ||||||
17 | Association of Labor-Management Administrators and | ||||||
18 | Consultants on Alcoholism.
| ||||||
19 | (p-1) The President of the Community Behavioral | ||||||
20 | Healthcare Association
of Illinois or his or her designee.
| ||||||
21 | (q) The Attorney General or his or her designee.
| ||||||
22 | (r) The State Comptroller or his or her designee.
| ||||||
23 | (s) 20 public members, 8 appointed by the Governor, 3 | ||||||
24 | of whom shall be
representatives of substance use disorder | ||||||
25 | alcoholism or other drug abuse and dependency treatment
| ||||||
26 | programs and one of whom shall be a representative of a |
| |||||||
| |||||||
1 | manufacturer or
importing distributor of alcoholic liquor | ||||||
2 | licensed by the State of Illinois,
and 3 public members | ||||||
3 | appointed by each of the President and Minority Leader of
| ||||||
4 | the Senate and the Speaker and Minority Leader of the | ||||||
5 | House. | ||||||
6 | (t) The Director, Secretary, or other chief | ||||||
7 | administrative officer, ex officio, or his or her designee, | ||||||
8 | of each of the following: the Department on Aging, the | ||||||
9 | Department of Children and Family Services, the Department | ||||||
10 | of Corrections, the Department of Juvenile Justice, the | ||||||
11 | Department of Healthcare and Family Services, the | ||||||
12 | Department of Revenue, the Department of Public Health, the | ||||||
13 | Department of Financial and Professional Regulation, the | ||||||
14 | Department of State Police, the Administrative Office of | ||||||
15 | the Illinois Courts, the Criminal Justice Information | ||||||
16 | Authority, and the Department of Transportation. | ||||||
17 | (u) Each of the following, ex officio, or his or her | ||||||
18 | designee: the Secretary of State, the State Superintendent | ||||||
19 | of Education, and the Chairman of the Board of Higher | ||||||
20 | Education.
| ||||||
21 | The public members may not be officers or employees of the | ||||||
22 | executive branch
of State government; however, the public | ||||||
23 | members may be officers or employees
of a State college or | ||||||
24 | university or of any law enforcement agency. In
appointing | ||||||
25 | members, due consideration shall be given to the experience of
| ||||||
26 | appointees in the fields of medicine, law, prevention, |
| |||||||
| |||||||
1 | correctional activities,
and social welfare. Vacancies in the | ||||||
2 | public membership shall be filled for the
unexpired term by | ||||||
3 | appointment in like manner as for original appointments, and
| ||||||
4 | the appointive members shall serve until their successors are | ||||||
5 | appointed and
have qualified. Vacancies among the public | ||||||
6 | members appointed by the
legislative leaders shall be filled by | ||||||
7 | the leader of the same house and of the
same political party as | ||||||
8 | the leader who originally appointed the member.
| ||||||
9 | Each non-appointive member may designate a representative | ||||||
10 | to serve in his
place by written notice to the Department. All | ||||||
11 | General Assembly members shall
serve until their respective | ||||||
12 | successors are appointed or until termination of
their | ||||||
13 | legislative service, whichever occurs first. The terms of | ||||||
14 | office for
each of the members appointed by the Governor shall | ||||||
15 | be for 3 years, except that
of the members first appointed, 3 | ||||||
16 | shall be appointed for a term of one year,
and 4 shall be | ||||||
17 | appointed for a term of 2 years. The terms of office of each of
| ||||||
18 | the public members appointed by the legislative leaders shall | ||||||
19 | be for 2 years.
| ||||||
20 | (Source: P.A. 100-201, eff. 8-18-17.)
| ||||||
21 | (20 ILCS 301/10-35)
| ||||||
22 | Sec. 10-35. Committees Other committees of the Illinois | ||||||
23 | Advisory Council. The
Illinois Advisory Council may, in its | ||||||
24 | operating policies and procedures,
provide for the creation of | ||||||
25 | such other Committees as it deems necessary to
carry out its |
| |||||||
| |||||||
1 | duties.
| ||||||
2 | (Source: P.A. 88-80.)
| ||||||
3 | (20 ILCS 301/15-5)
| ||||||
4 | Sec. 15-5. Applicability.
| ||||||
5 | (a) It is unlawful for any person to provide treatment for | ||||||
6 | substance use disorders alcoholism and
other drug abuse or | ||||||
7 | dependency or to provide services as specified in
subsections | ||||||
8 | (c), (d), (e), and (f) of Section 15-10 of this Act unless the
| ||||||
9 | person is licensed to do so by the Department. The performance | ||||||
10 | of these
activities by any person in violation of
this Act is | ||||||
11 | declared to be inimical to the public health and welfare, and | ||||||
12 | to be
a public nuisance. The Department may undertake such | ||||||
13 | inspections and
investigations as it deems appropriate to | ||||||
14 | determine whether licensable
activities are being conducted | ||||||
15 | without the requisite license.
| ||||||
16 | (b) Nothing in this Act shall be construed to require any | ||||||
17 | hospital, as
defined by the Hospital Licensing Act, required to | ||||||
18 | have a license from the
Department of Public Health pursuant to | ||||||
19 | the Hospital Licensing Act to obtain
any license under this Act | ||||||
20 | for any substance use disorder alcoholism and other drug | ||||||
21 | dependency
treatment services operated on the licensed | ||||||
22 | premises of the hospital, and
operated by the hospital or its | ||||||
23 | designated agent, provided that such services
are covered | ||||||
24 | within the scope of the Hospital Licensing Act. No person or
| ||||||
25 | facility required to be licensed under this Act shall be |
| |||||||
| |||||||
1 | required to obtain a
license pursuant to the Hospital Licensing | ||||||
2 | Act or the Child Care Act of 1969.
| ||||||
3 | (c) Nothing in this Act shall be construed to require an | ||||||
4 | individual
employee of a licensed program to be licensed under | ||||||
5 | this Act.
| ||||||
6 | (d) Nothing in this Act shall be construed to require any | ||||||
7 | private
professional practice, whether by an individual | ||||||
8 | practitioner, by a partnership,
or by a duly incorporated | ||||||
9 | professional service corporation, that provides
outpatient | ||||||
10 | treatment for substance use disorders alcoholism and other drug | ||||||
11 | abuse to be licensed under
this Act, provided that the | ||||||
12 | treatment is rendered personally by the
professional in his own | ||||||
13 | name and the professional is authorized by individual
| ||||||
14 | professional licensure or registration from the Department of | ||||||
15 | Financial and Professional
Regulation to provide substance use | ||||||
16 | disorder do such treatment unsupervised. This exemption shall | ||||||
17 | not apply
to such private professional practice that provides | ||||||
18 | and holds itself out, as defined in Section 1-10, as providing | ||||||
19 | substance use disorder outpatient treatment. which specializes | ||||||
20 | primarily or
exclusively in the treatment of alcoholism and | ||||||
21 | other drug abuse. This exemption
shall also not apply to | ||||||
22 | licensable intervention services, research, or residential
| ||||||
23 | treatment services as defined in this Act or by rule.
| ||||||
24 | Notwithstanding any other provisions of this subsection to | ||||||
25 | the contrary,
persons licensed to practice medicine in all of | ||||||
26 | its branches in Illinois shall
not require licensure under this |
| |||||||
| |||||||
1 | Act unless their private professional practice
provides and | ||||||
2 | holds itself out, as defined in Section 1-10, as providing | ||||||
3 | substance use disorder outpatient treatment. specializes | ||||||
4 | exclusively in the treatment of alcoholism and other drug | ||||||
5 | abuse.
| ||||||
6 | (e) Nothing in this Act shall be construed to require any | ||||||
7 | employee
assistance program operated by an employer or any | ||||||
8 | intervenor program operated
by a professional association to | ||||||
9 | obtain any license pursuant to this Act to
perform services | ||||||
10 | that do not constitute licensable treatment or intervention as
| ||||||
11 | defined in this Act.
| ||||||
12 | (f) Before any violation of this Act is reported by the | ||||||
13 | Department or any of
its agents to any State's Attorney for the | ||||||
14 | institution of a criminal
proceeding, the person against whom | ||||||
15 | such proceeding is contemplated shall be
given appropriate | ||||||
16 | notice and an opportunity to present his views before the
| ||||||
17 | Department or its designated agent, either orally or in | ||||||
18 | writing, in person or
by an attorney, with regard to such | ||||||
19 | contemplated proceeding. Nothing in this
Act shall be construed | ||||||
20 | as requiring the Department to report minor violations
of this | ||||||
21 | Act whenever the Department believes that the public interest | ||||||
22 | would be
adequately served by a suitable written notice or | ||||||
23 | warning.
| ||||||
24 | (Source: P.A. 88-80; 89-202, eff. 7-21-95; 89-507, eff. | ||||||
25 | 7-1-97.)
|
| |||||||
| |||||||
1 | (20 ILCS 301/15-10)
| ||||||
2 | Sec. 15-10. Licensure categories and services . No person or | ||||||
3 | program may provide the
services or conduct the activities | ||||||
4 | described in this Section without first
obtaining a license | ||||||
5 | therefor from the Department , unless otherwise exempted under | ||||||
6 | this Act. The Department shall, by
rule, provide requirements | ||||||
7 | for each of the following types of licenses and categories of | ||||||
8 | service: | ||||||
9 | (a) Treatment: Categories of service authorized by a | ||||||
10 | treatment license are Early Intervention, Outpatient, | ||||||
11 | Intensive Outpatient/Partial Hospitalization, Subacute | ||||||
12 | Residential/Inpatient, and Withdrawal Management. | ||||||
13 | Medication assisted treatment that includes methadone used | ||||||
14 | for an opioid use disorder can be licensed as an adjunct to | ||||||
15 | any of the treatment levels of care specified in this | ||||||
16 | Section. | ||||||
17 | (b) Intervention: Categories of service authorized by | ||||||
18 | an intervention license are DUI Evaluation, DUI Risk | ||||||
19 | Education, and Recovery Homes for persons in any stage of | ||||||
20 | recovery from a substance use disorder. | ||||||
21 | . The Department shall, by
rule, provide licensure requirements | ||||||
22 | for each of the following categories of
service:
| ||||||
23 | (a) Residential treatment for alcoholism and other | ||||||
24 | drug
dependency, sub-acute inpatient treatment, clinically | ||||||
25 | managed or medically monitored detoxification, and | ||||||
26 | residential extended care (formerly halfway house).
|
| |||||||
| |||||||
1 | (b) Outpatient treatment for alcoholism and other drug | ||||||
2 | abuse and
dependency.
| ||||||
3 | (c) The screening, assessment, referral or tracking of | ||||||
4 | clients identified
by the criminal justice system as having | ||||||
5 | indications of alcoholism or other
drug abuse or | ||||||
6 | dependency.
| ||||||
7 | (d) D.U.I. evaluation services for Illinois courts and | ||||||
8 | the Secretary of
State.
| ||||||
9 | (e) D.U.I. remedial education services for Illinois | ||||||
10 | courts or the
Secretary
of State. | ||||||
11 | (f) Recovery home services for persons in early | ||||||
12 | recovery from substance abuse or for persons who have | ||||||
13 | recently completed or who may still be receiving substance | ||||||
14 | abuse treatment services.
| ||||||
15 | The Department may, under procedures established by rule | ||||||
16 | and upon a showing
of good cause for such, exempt off-site | ||||||
17 | services from having to obtain a
separate license for services | ||||||
18 | conducted away from the provider's licensed primary
service | ||||||
19 | location.
| ||||||
20 | (Source: P.A. 94-1033, eff. 7-1-07 .)
| ||||||
21 | (20 ILCS 301/20-5)
| ||||||
22 | Sec. 20-5. Development of statewide prevention system.
| ||||||
23 | (a) The Department shall develop and implement a | ||||||
24 | comprehensive, statewide,
community-based strategy to reduce | ||||||
25 | substance use disorders and alcoholism, prevent the misuse of |
| |||||||
| |||||||
1 | illegal and legal drugs use of illegal drugs
and the abuse of | ||||||
2 | legal drugs by persons of all ages, and to prevent the use of
| ||||||
3 | alcohol by minors. The system created to implement this | ||||||
4 | strategy shall be
based on the premise that coordination among | ||||||
5 | and integration between all
community and governmental systems | ||||||
6 | will facilitate effective and efficient
program implementation | ||||||
7 | and utilization of existing resources.
| ||||||
8 | (b) The statewide system developed under this Section may | ||||||
9 | be adopted by administrative rule or funded as a grant award | ||||||
10 | condition and shall be responsible
for:
| ||||||
11 | (1) providing programs and technical assistance to | ||||||
12 | improve the ability of
Illinois communities and schools to | ||||||
13 | develop, implement and evaluate prevention
programs.
| ||||||
14 | (2) initiating and fostering continuing cooperation | ||||||
15 | among the Department,
Department-funded prevention | ||||||
16 | programs, other community-based prevention
providers and | ||||||
17 | other State , regional, or local systems or agencies that | ||||||
18 | which have an interest
in substance use disorder | ||||||
19 | prevention. alcohol and other drug use or abuse prevention.
| ||||||
20 | (c) In developing , implementing, and advocating for and | ||||||
21 | implementing this statewide strategy and system, the
| ||||||
22 | Department may engage in, but shall not be limited to, the | ||||||
23 | following
activities:
| ||||||
24 | (1) establishing and conducting programs to provide | ||||||
25 | awareness and
knowledge of the nature and extent of | ||||||
26 | substance use disorders and their effect alcohol and other |
| |||||||
| |||||||
1 | drug use, abuse and
dependency and their effects on | ||||||
2 | individuals, families , and communities.
| ||||||
3 | (2) conducting or providing prevention skill building | ||||||
4 | or education through
the use of structured experiences.
| ||||||
5 | (3) developing , supporting, and advocating with new | ||||||
6 | and or supporting existing local community coalitions or
| ||||||
7 | neighborhood-based grassroots networks using action | ||||||
8 | planning and collaborative
systems to initiate change | ||||||
9 | regarding substance use disorders alcohol and other drug | ||||||
10 | use and abuse in
their communities community .
| ||||||
11 | (4) encouraging , supporting, and advocating for and | ||||||
12 | supporting programs and activities that emphasize
| ||||||
13 | alcohol-free alcohol and other drug-free lifestyles. | ||||||
14 | socialization.
| ||||||
15 | (5) drafting and implementing efficient plans for the | ||||||
16 | use of available
resources to address issues of substance | ||||||
17 | use disorder alcohol and other drug abuse prevention.
| ||||||
18 | (6) coordinating local programs of alcoholism and | ||||||
19 | other drug abuse
education and prevention.
| ||||||
20 | (7) encouraging the development of local advisory | ||||||
21 | councils.
| ||||||
22 | (8) encouraging and supporting programs, practices, | ||||||
23 | policies, and activities that emphasize environmental | ||||||
24 | strategies, impacting norms, availability, and regulations | ||||||
25 | around substance use disorders. | ||||||
26 | (d) In providing leadership to this system, the Department |
| |||||||
| |||||||
1 | shall take into
account, wherever possible, the needs and | ||||||
2 | requirements of local communities.
The Department shall also | ||||||
3 | involve, wherever possible, local communities in its
statewide | ||||||
4 | planning efforts. These planning efforts shall include, but | ||||||
5 | shall
not be limited to, in cooperation with local community | ||||||
6 | representatives and
Department-funded agencies, the analysis | ||||||
7 | and application of results of local
needs assessments, as well | ||||||
8 | as a process for the integration of an evaluation
component | ||||||
9 | into the system. The results of this collaborative planning | ||||||
10 | effort
shall be taken into account by the Department in making | ||||||
11 | decisions regarding the
allocation of prevention resources.
| ||||||
12 | (e) Prevention programs funded in whole or in part by the | ||||||
13 | Department shall
maintain staff whose skills, training, | ||||||
14 | experiences and cultural awareness
demonstrably match the | ||||||
15 | needs of the people they are serving.
| ||||||
16 | (f) The Department may delegate the functions and | ||||||
17 | activities described in
subsection (c) of this Section to | ||||||
18 | local, community-based providers.
| ||||||
19 | (Source: P.A. 88-80.)
| ||||||
20 | (20 ILCS 301/20-10)
| ||||||
21 | Sec. 20-10. Screening, Brief Intervention, and Referral to | ||||||
22 | Treatment. Early intervention programs.
| ||||||
23 | (a) As used in this Section, "SBIRT" means the | ||||||
24 | identification of individuals, within primary care settings, | ||||||
25 | who need substance use disorder treatment. Primary care |
| |||||||
| |||||||
1 | providers will screen and, based on the results of the screen, | ||||||
2 | deliver a brief intervention or make referral to a licensed | ||||||
3 | treatment provider as appropriate. SBIRT is not a licensed | ||||||
4 | category of service. It does not refer to DUI evaluation, DUI | ||||||
5 | risk education, or recovery home services require licensing. | ||||||
6 | (b) The Department may develop policy or best practice | ||||||
7 | guidelines for identification of at-risk individuals through | ||||||
8 | SBIRT and contract or billing requirements for SBIRT. | ||||||
9 | For purposes of this Section, "early intervention" means | ||||||
10 | education,
counseling and support services provided to | ||||||
11 | individuals at high risk of
developing an alcohol or other drug | ||||||
12 | abuse or dependency. Early intervention
programs are delivered | ||||||
13 | in one-to-one, group or family service settings by
people who | ||||||
14 | are trained to educate, screen, assess, counsel and refer the | ||||||
15 | high
risk individual. Early intervention refers to unlicensed | ||||||
16 | programs which
provide services to individuals and groups who | ||||||
17 | have a high risk of developing
alcoholism or other drug | ||||||
18 | addiction or dependency. It does not refer to DUI,
| ||||||
19 | detoxification or treatment programs which require licensing. | ||||||
20 | "Individuals at
high risk" refers to, but is not limited to, | ||||||
21 | those who exhibit one or more of
the risk factors listed in | ||||||
22 | subsection (b) of this Section.
| ||||||
23 | (b) As part of its comprehensive array of services, the | ||||||
24 | Department may
fund early intervention programs. In doing so, | ||||||
25 | the Department shall account
for local requirements and involve | ||||||
26 | as much as possible of the local community.
The funded programs |
| |||||||
| |||||||
1 | shall include services initiated or adapted to meet the
needs | ||||||
2 | of individuals experiencing one or more of the following risk | ||||||
3 | factors:
| ||||||
4 | (1) child of a substance abuser.
| ||||||
5 | (2) victim of physical, sexual or psychological abuse.
| ||||||
6 | (3) school drop-out.
| ||||||
7 | (4) teen pregnancy.
| ||||||
8 | (5) economically and/or environmentally disadvantaged.
| ||||||
9 | (6) commitment of a violent, delinquent or criminal | ||||||
10 | offense.
| ||||||
11 | (7) mental health problems.
| ||||||
12 | (8) attempted suicide.
| ||||||
13 | (9) long-term physical pain due to injury.
| ||||||
14 | (10) chronic failure in school.
| ||||||
15 | (11) consequences due to alcohol or other drug abuse.
| ||||||
16 | (c) The Department may fund early intervention services. | ||||||
17 | Early
intervention programs funded entirely or in part by the | ||||||
18 | Department must include
the following components:
| ||||||
19 | (1) coping skills training.
| ||||||
20 | (2) education regarding the appearance and dynamics of | ||||||
21 | dysfunction within
the family.
| ||||||
22 | (3) support group opportunities for children and | ||||||
23 | families.
| ||||||
24 | (4) education regarding the diseases of alcoholism and | ||||||
25 | other drug
addiction.
| ||||||
26 | (5) screening regarding the need for treatment or other
|
| |||||||
| |||||||
1 | services.
| ||||||
2 | (d) Early intervention programs funded in whole or in part | ||||||
3 | by the
Department shall maintain individual records for each | ||||||
4 | person who receives early
intervention services. Any and all | ||||||
5 | such records shall be maintained in
accordance with the | ||||||
6 | provisions of 42 CFR 2, "Confidentiality of Alcohol and
Drug | ||||||
7 | Abuse Patient Records" and other pertinent State and
federal | ||||||
8 | laws. Such records shall include:
| ||||||
9 | (1) basic demographic information.
| ||||||
10 | (2) a description of the presenting problem.
| ||||||
11 | (3) an assessment of risk factors.
| ||||||
12 | (4) a service plan.
| ||||||
13 | (5) progress notes.
| ||||||
14 | (6) a closing summary.
| ||||||
15 | (e) Early intervention programs funded in whole or in part | ||||||
16 | by the
Department shall maintain staff whose skills, training, | ||||||
17 | experiences and
cultural awareness demonstrably match the | ||||||
18 | needs of the people they are serving.
| ||||||
19 | (f) The Department may, at its discretion, impose on early | ||||||
20 | intervention
programs which it funds such additional | ||||||
21 | requirements as it may deem necessary
or appropriate.
| ||||||
22 | (Source: P.A. 88-80; 89-202, eff. 7-21-95.)
| ||||||
23 | (20 ILCS 301/20-15)
| ||||||
24 | Sec. 20-15. Steroid education program. The Department may | ||||||
25 | develop and
implement a statewide steroid education program to |
| |||||||
| |||||||
1 | alert the public, and
particularly Illinois physicians, other | ||||||
2 | health care professionals, educators,
student athletes, health | ||||||
3 | club personnel, persons engaged in the coaching and
supervision | ||||||
4 | of high school and college athletics, and other groups | ||||||
5 | determined
by the Department to be likely to come into contact | ||||||
6 | with anabolic steroid
abusers to the dangers and adverse | ||||||
7 | effects of abusing anabolic steroids, and to
train these | ||||||
8 | individuals to recognize the symptoms and side effects of | ||||||
9 | anabolic
steroid abuse. Such education and training may also | ||||||
10 | include information
regarding the education eduction and | ||||||
11 | appropriate referral of persons identified as
probable or | ||||||
12 | actual anabolic steroid abusers. The advice of the Illinois
| ||||||
13 | Advisory Council established by Section 10-5 of this Act shall | ||||||
14 | be sought in the
development of any program established under | ||||||
15 | this Section.
| ||||||
16 | (Source: P.A. 88-80.)
| ||||||
17 | (20 ILCS 301/25-5)
| ||||||
18 | Sec. 25-5. Establishment of comprehensive treatment | ||||||
19 | system. The
Department shall develop, fund and implement a | ||||||
20 | comprehensive, statewide,
community-based system for the | ||||||
21 | provision of early intervention,
treatment, and recovery | ||||||
22 | support services for persons suffering from substance use | ||||||
23 | disorders. a full array of intervention,
treatment and | ||||||
24 | aftercare for persons suffering from alcohol and other drug | ||||||
25 | abuse
and dependency. The system created under this Section |
| |||||||
| |||||||
1 | shall be based on the
premise that coordination among and | ||||||
2 | integration between all community and
governmental systems | ||||||
3 | will facilitate effective and efficient program
implementation | ||||||
4 | and utilization of existing resources.
| ||||||
5 | (Source: P.A. 88-80.)
| ||||||
6 | (20 ILCS 301/25-10)
| ||||||
7 | Sec. 25-10. Promulgation of regulations. The Department | ||||||
8 | shall adopt
regulations for licensure, certification for | ||||||
9 | Medicaid reimbursement, and clinical standards for | ||||||
10 | intervention and treatment services, acceptance of persons for | ||||||
11 | treatment, taking into consideration
available resources and | ||||||
12 | facilities, for the purpose of early and effective
treatment of | ||||||
13 | substance use disorders. alcoholism and other drug abuse and | ||||||
14 | dependency.
| ||||||
15 | (Source: P.A. 88-80.)
| ||||||
16 | (20 ILCS 301/25-15)
| ||||||
17 | Sec. 25-15. Emergency treatment.
| ||||||
18 | (a) An alcohol or other drug impaired person who may be a | ||||||
19 | danger to himself or herself or to others may voluntarily come | ||||||
20 | to a treatment facility with available capacity for withdrawal | ||||||
21 | management. An alcohol or other drug impaired person may also | ||||||
22 | intoxicated person may come voluntarily to a treatment facility | ||||||
23 | for
emergency treatment. A person who appears to be intoxicated | ||||||
24 | in a public place
and who may be a danger to himself or others |
| |||||||
| |||||||
1 | may be assisted to his or her home, a
treatment facility with | ||||||
2 | available capacity for withdrawal management, or other health | ||||||
3 | facility either directly by the police or
through an | ||||||
4 | intermediary person.
| ||||||
5 | (b) A person who appears to be unconscious or in immediate | ||||||
6 | need of
emergency medical services while in a public place and | ||||||
7 | who shows symptoms of
alcohol or other drug impairment brought | ||||||
8 | on by alcoholism or other drug abuse or dependency may be
taken | ||||||
9 | into protective custody by the police and forthwith brought to | ||||||
10 | an
emergency medical service. A person who is otherwise | ||||||
11 | incapacitated while in a
public place and who shows symptoms of | ||||||
12 | alcohol or other drug impairment in a public place alcoholism | ||||||
13 | or other drug abuse or
dependency may be taken into custody and | ||||||
14 | forthwith brought to a facility
with available capacity for | ||||||
15 | withdrawal management. available for detoxification. The | ||||||
16 | police in detaining the person shall take
him or her into | ||||||
17 | protective custody only, which shall not constitute an arrest. | ||||||
18 | No
entry or other record shall be made to indicate that the | ||||||
19 | person has been
arrested or charged with a crime. The detaining | ||||||
20 | officer may take reasonable
steps to protect himself or herself | ||||||
21 | from harm.
| ||||||
22 | (Source: P.A. 88-80.)
| ||||||
23 | (20 ILCS 301/25-20)
| ||||||
24 | Sec. 25-20. Applicability of patients' rights. All persons | ||||||
25 | who are
receiving or who have received early intervention, |
| |||||||
| |||||||
1 | treatment , or other recovery support or aftercare services
| ||||||
2 | under this Act shall be afforded those rights enumerated in | ||||||
3 | Article 30.
| ||||||
4 | (Source: P.A. 88-80.)
| ||||||
5 | (20 ILCS 301/30-5)
| ||||||
6 | Sec. 30-5. Patients' rights established.
| ||||||
7 | (a) For purposes of this Section, "patient" means any | ||||||
8 | person who is
receiving or has received early intervention, | ||||||
9 | treatment , or other recovery support or aftercare services | ||||||
10 | under
this Act or any category of service licensed as | ||||||
11 | "intervention" under this Act .
| ||||||
12 | (b) No patient who is receiving or who has received | ||||||
13 | intervention, treatment
or aftercare services under this Act | ||||||
14 | shall be deprived of any rights, benefits,
or privileges | ||||||
15 | guaranteed by law, the Constitution of the United States of
| ||||||
16 | America, or the Constitution of the State of Illinois solely | ||||||
17 | because of his
or her status as a patient of a program .
| ||||||
18 | (c) Persons who have substance use disorders abuse or are | ||||||
19 | dependent on alcohol or other drugs who are
also suffering from | ||||||
20 | medical conditions shall not be discriminated against in
| ||||||
21 | admission or treatment by any hospital that which receives | ||||||
22 | support in any form from
any program supported in whole or in | ||||||
23 | part by funds appropriated to any State
department or agency.
| ||||||
24 | (d) Every patient shall have impartial access to services | ||||||
25 | without regard to
race, religion, sex, ethnicity, age , sexual |
| |||||||
| |||||||
1 | orientation, gender identity, marital status, or other | ||||||
2 | disability. or disability.
| ||||||
3 | (e) Patients shall be permitted the free exercise of | ||||||
4 | religion and offered alternatives to spirituality based | ||||||
5 | programming, including, but not limited to, twelve-step groups | ||||||
6 | and self-help groups .
| ||||||
7 | (f) Every patient's personal dignity shall be recognized in | ||||||
8 | the provision
of services, and a patient's personal privacy | ||||||
9 | shall be assured and protected
within the constraints of his or | ||||||
10 | her individual treatment plan .
| ||||||
11 | (g) Treatment services shall be provided in the least | ||||||
12 | restrictive
environment possible.
| ||||||
13 | (h) Each patient receiving treatment services shall be | ||||||
14 | provided an individual treatment plan, which
shall be | ||||||
15 | periodically reviewed and updated as mandated by | ||||||
16 | administrative rule. necessary.
| ||||||
17 | (i) Treatment shall be person-centered, meaning that every | ||||||
18 | Every patient shall be permitted to participate in the planning | ||||||
19 | of his
or her total care and medical treatment to the extent | ||||||
20 | that his or her condition permits.
| ||||||
21 | (j) A person shall not be denied treatment solely because | ||||||
22 | he or she has withdrawn
from treatment against medical advice | ||||||
23 | on a prior occasion or had prior treatment episodes. because he | ||||||
24 | has
relapsed after earlier treatment or, when in medical | ||||||
25 | crisis, because of
inability to pay.
| ||||||
26 | (k) The patient in residential treatment shall be permitted |
| |||||||
| |||||||
1 | visits by family and
significant others, unless such visits are | ||||||
2 | clinically contraindicated.
| ||||||
3 | (l) A patient in residential treatment shall be allowed to | ||||||
4 | conduct private telephone
conversations with family and | ||||||
5 | friends unless clinically contraindicated.
| ||||||
6 | (m) A patient in residential treatment shall be permitted | ||||||
7 | to send and receive mail without
hindrance, unless clinically | ||||||
8 | contraindicated.
| ||||||
9 | (n) A patient shall be permitted to manage his or her own | ||||||
10 | financial affairs unless
the patient or the patient's he or his | ||||||
11 | guardian, or if the patient is a minor, the patient's his | ||||||
12 | parent, authorizes
another competent person to do so.
| ||||||
13 | (o) A patient shall be permitted to request the opinion of | ||||||
14 | a consultant at
his or her own expense, or to request an | ||||||
15 | in-house review of a treatment plan, as
provided in the | ||||||
16 | specific procedures of the provider. A treatment provider is
| ||||||
17 | not liable for the negligence of any consultant.
| ||||||
18 | (p) Unless otherwise prohibited by State or federal law, | ||||||
19 | every patient
shall be permitted to obtain from his or her own | ||||||
20 | physician, the treatment provider , or
the treatment provider's | ||||||
21 | consulting physician complete and current information
| ||||||
22 | concerning the nature of care, procedures , and treatment that | ||||||
23 | which he or she will receive.
| ||||||
24 | (q) A patient shall be permitted to refuse to participate | ||||||
25 | in any
experimental research or medical procedure without | ||||||
26 | compromising his or her access to
other, non-experimental |
| |||||||
| |||||||
1 | services. Before a patient is placed in an
experimental | ||||||
2 | research or medical procedure, the provider must first obtain | ||||||
3 | his
or her informed written consent or otherwise comply with | ||||||
4 | the federal requirements
regarding the protection of human | ||||||
5 | subjects contained in 45 C.F.R.
Part 46.
| ||||||
6 | (r) All medical treatment and procedures shall be | ||||||
7 | administered as ordered
by a physician and in accordance with | ||||||
8 | all Department rules . In order to assure compliance by the | ||||||
9 | treatment program with
all physician orders, all new physician | ||||||
10 | orders shall be reviewed by the
treatment program's staff | ||||||
11 | within a reasonable period of time after such orders
have been | ||||||
12 | issued. "Medical treatment and procedures" means those | ||||||
13 | services that
can be ordered only by a physician licensed to | ||||||
14 | practice medicine in all of its
branches in Illinois.
| ||||||
15 | (s) Every patient in treatment shall be permitted to refuse | ||||||
16 | medical treatment and to
know the consequences of such action. | ||||||
17 | Such refusal by a patient shall free the
treatment licensee | ||||||
18 | program from the obligation to provide the treatment.
| ||||||
19 | (t) Unless otherwise prohibited by State or federal law, | ||||||
20 | every patient,
patient's guardian, or parent, if the patient is | ||||||
21 | a minor, shall be permitted to
inspect and copy all clinical | ||||||
22 | and other records kept by the intervention or treatment | ||||||
23 | licensee treatment program
or by his or her physician | ||||||
24 | concerning his or her care and maintenance. The licensee | ||||||
25 | treatment program
or physician may charge a reasonable fee for | ||||||
26 | the duplication of a record.
|
| |||||||
| |||||||
1 | (u) No owner, licensee, administrator, employee , or agent | ||||||
2 | of a licensed intervention or treatment
program shall abuse or | ||||||
3 | neglect a patient. It is the duty of any individual program
| ||||||
4 | employee or agent who becomes aware of such abuse or neglect to | ||||||
5 | report it to
the Department immediately.
| ||||||
6 | (v) The licensee administrator of a program may refuse | ||||||
7 | access to the program to any
person if the actions of that | ||||||
8 | person while in the program are or could be
injurious to the | ||||||
9 | health and safety of a patient or the licensee program , or if | ||||||
10 | the
person seeks access to the program for commercial purposes.
| ||||||
11 | (w) All patients admitted to community-based treatment | ||||||
12 | facilities shall be considered voluntary treatment patients | ||||||
13 | and such patients shall not be contained within a locked | ||||||
14 | setting. A patient may be discharged from a program after he | ||||||
15 | gives the
administrator written notice of his desire to be | ||||||
16 | discharged or upon completion
of his prescribed course of | ||||||
17 | treatment. No patient shall be discharged or
transferred | ||||||
18 | without the preparation of a post-treatment aftercare plan by | ||||||
19 | the
program.
| ||||||
20 | (x) Patients and their families or legal guardians shall | ||||||
21 | have the right to
present complaints to the provider or the | ||||||
22 | Department concerning the quality of care provided to the | ||||||
23 | patient,
without threat of discharge or reprisal in any form or | ||||||
24 | manner whatsoever. The complaint process and procedure shall be | ||||||
25 | adopted by the Department by rule. The
treatment provider shall | ||||||
26 | have in place a mechanism for receiving and responding
to such |
| |||||||
| |||||||
1 | complaints, and shall inform the patient and the patient's his | ||||||
2 | family or legal
guardian of this mechanism and how to use it. | ||||||
3 | The provider shall analyze any
complaint received and, when | ||||||
4 | indicated, take appropriate corrective action.
Every patient | ||||||
5 | and his or her family member or legal guardian who makes a | ||||||
6 | complaint
shall receive a timely response from the provider | ||||||
7 | that which substantively addresses
the complaint. The provider | ||||||
8 | shall inform the patient and the patient's his family or legal
| ||||||
9 | guardian about other sources of assistance if the provider has | ||||||
10 | not resolved the
complaint to the satisfaction of the patient | ||||||
11 | or the patient's his family or legal guardian.
| ||||||
12 | (y) A patient resident may refuse to perform labor at a | ||||||
13 | program unless such labor
is a part of the patient's his | ||||||
14 | individual treatment plan program as documented in the | ||||||
15 | patient's his clinical
record.
| ||||||
16 | (z) A person who is in need of services treatment may apply | ||||||
17 | for voluntary admission
to a treatment program in the manner | ||||||
18 | and with the rights provided for under
regulations promulgated | ||||||
19 | by the Department. If a person is refused admission , then | ||||||
20 | staff, to
a licensed treatment program, the staff of the | ||||||
21 | program, subject to rules
promulgated by the Department, shall | ||||||
22 | refer the person to another facility or to other appropriate | ||||||
23 | services. treatment or
other appropriate program.
| ||||||
24 | (aa) No patient shall be denied services based solely on | ||||||
25 | HIV status.
Further, records and information governed by the | ||||||
26 | AIDS Confidentiality Act and
the AIDS Confidentiality and |
| |||||||
| |||||||
1 | Testing Code (77 Ill. Adm. Code 697) shall be
maintained in | ||||||
2 | accordance therewith.
| ||||||
3 | (bb) Records of the identity, diagnosis, prognosis or | ||||||
4 | treatment of any
patient maintained in connection with the | ||||||
5 | performance of any service program or
activity relating to | ||||||
6 | substance use disorder alcohol or other drug abuse or | ||||||
7 | dependency education, early
intervention, intervention, | ||||||
8 | training, or treatment that or rehabilitation which is
| ||||||
9 | regulated, authorized, or directly or indirectly assisted by | ||||||
10 | any Department or
agency of this State or under any provision | ||||||
11 | of this Act shall be confidential
and may be disclosed only in | ||||||
12 | accordance with the provisions of federal law and
regulations | ||||||
13 | concerning the confidentiality of substance use disorder | ||||||
14 | alcohol and drug abuse patient
records as contained in 42 | ||||||
15 | U.S.C. Sections 290dd-3 and 290ee-3 and 42 C.F.R.
Part 2.
| ||||||
16 | (1) The following are exempt from the confidentiality | ||||||
17 | protections set
forth in 42 C.F.R. Section 2.12(c):
| ||||||
18 | (A) Veteran's Administration records.
| ||||||
19 | (B) Information obtained by the Armed Forces.
| ||||||
20 | (C) Information given to qualified service | ||||||
21 | organizations.
| ||||||
22 | (D) Communications within a program or between a | ||||||
23 | program and an entity
having direct administrative | ||||||
24 | control over that program.
| ||||||
25 | (E) Information given to law enforcement personnel | ||||||
26 | investigating a
patient's commission of a crime on the |
| |||||||
| |||||||
1 | program premises or against program
personnel.
| ||||||
2 | (F) Reports under State law of incidents of | ||||||
3 | suspected child abuse and
neglect; however, | ||||||
4 | confidentiality restrictions continue to
apply to the | ||||||
5 | records and any follow-up information for disclosure | ||||||
6 | and use in
civil or criminal proceedings arising from | ||||||
7 | the report of suspected abuse or
neglect.
| ||||||
8 | (2) If the information is not exempt, a disclosure can | ||||||
9 | be made only under
the following circumstances:
| ||||||
10 | (A) With patient consent as set forth in 42 C.F.R. | ||||||
11 | Sections 2.1(b)(1)
and 2.31, and as consistent with | ||||||
12 | pertinent State law.
| ||||||
13 | (B) For medical emergencies as set forth in 42 | ||||||
14 | C.F.R. Sections
2.1(b)(2) and 2.51.
| ||||||
15 | (C) For research activities as set forth in 42 | ||||||
16 | C.F.R. Sections
2.1(b)(2) and 2.52.
| ||||||
17 | (D) For audit evaluation activities as set forth in | ||||||
18 | 42 C.F.R. Section
2.53.
| ||||||
19 | (E) With a court order as set forth in 42 C.F.R. | ||||||
20 | Sections 2.61 through
2.67.
| ||||||
21 | (3) The restrictions on disclosure and use of patient | ||||||
22 | information apply
whether the holder of the information | ||||||
23 | already has it, has other means of
obtaining it, is a law | ||||||
24 | enforcement or other official, has obtained a subpoena,
or | ||||||
25 | asserts any other justification for a disclosure or use | ||||||
26 | that which is not
permitted by 42 C.F.R. Part 2. Any court |
| |||||||
| |||||||
1 | orders authorizing disclosure of
patient records under | ||||||
2 | this Act must comply with the procedures and criteria set
| ||||||
3 | forth in 42 C.F.R. Sections 2.64 and 2.65. Except as | ||||||
4 | authorized by a court
order granted under this Section, no | ||||||
5 | record referred to in this Section may be
used to initiate | ||||||
6 | or substantiate any charges against a patient or to conduct
| ||||||
7 | any investigation of a patient.
| ||||||
8 | (4) The prohibitions of this subsection shall apply to | ||||||
9 | records concerning
any person who has been a patient, | ||||||
10 | regardless of whether or when the person he ceases to
be a | ||||||
11 | patient.
| ||||||
12 | (5) Any person who discloses the content of any record | ||||||
13 | referred to in this
Section except as authorized shall, | ||||||
14 | upon conviction, be guilty of a Class A
misdemeanor.
| ||||||
15 | (6) The Department shall prescribe regulations to | ||||||
16 | carry out the purposes
of
this subsection. These | ||||||
17 | regulations may contain such definitions, and may
provide | ||||||
18 | for such safeguards and procedures, including procedures | ||||||
19 | and criteria
for the issuance and scope of court orders, as | ||||||
20 | in the judgment of the
Department are necessary or proper | ||||||
21 | to effectuate the purposes of this Section,
to prevent | ||||||
22 | circumvention or evasion thereof, or to facilitate | ||||||
23 | compliance
therewith.
| ||||||
24 | (cc) Each patient shall be given a written explanation of | ||||||
25 | all the rights
enumerated in this Section and a copy, signed by | ||||||
26 | the patient, shall be kept in every patient record . If a |
| |||||||
| |||||||
1 | patient is unable to read such written
explanation, it shall be | ||||||
2 | read to the patient in a language that the patient
understands. | ||||||
3 | A copy of all the rights enumerated in this Section shall be
| ||||||
4 | posted in a conspicuous place within the program where it may | ||||||
5 | readily be
seen and read by program patients and visitors.
| ||||||
6 | (dd) The program shall ensure that its staff is familiar | ||||||
7 | with and observes
the rights and responsibilities enumerated in | ||||||
8 | this Section.
| ||||||
9 | (ee) Licensed organizations shall comply with the right of | ||||||
10 | any adolescent to consent to treatment without approval of the | ||||||
11 | parent or legal guardian in accordance with the Consent by | ||||||
12 | Minors to Medical Procedures Act. | ||||||
13 | (ff) At the point of admission for services, licensed | ||||||
14 | organizations must obtain written informed consent, as defined | ||||||
15 | in Section 1-10 and in administrative rule, from each client, | ||||||
16 | patient, or legal guardian. | ||||||
17 | (Source: P.A. 99-143, eff. 7-27-15.)
| ||||||
18 | (20 ILCS 301/35-5)
| ||||||
19 | Sec. 35-5. Services for pregnant women and mothers.
| ||||||
20 | (a) In order to promote a comprehensive, statewide and | ||||||
21 | multidisciplinary
approach to serving addicted pregnant women | ||||||
22 | and mothers, including those who
are minors, and their children | ||||||
23 | who are affected by substance use disorders, alcoholism and | ||||||
24 | other drug
abuse or dependency, the Department shall have | ||||||
25 | responsibility for an ongoing
exchange of referral |
| |||||||
| |||||||
1 | information , as set forth in subsections (b) and (c) of
this | ||||||
2 | Section, among the following:
| ||||||
3 | (1) those who provide medical and social services to | ||||||
4 | pregnant women,
mothers and their children, whether or not | ||||||
5 | there exists evidence of a substance use disorder. These | ||||||
6 | include any other State-funded medical or social services | ||||||
7 | to pregnant women. alcoholism
or other drug abuse or | ||||||
8 | dependency. These include providers in the Healthy
| ||||||
9 | Moms/Healthy Kids program, the Drug Free Families With a | ||||||
10 | Future program, the
Parents Too Soon program, and any other | ||||||
11 | State-funded medical or social service
programs which | ||||||
12 | provide services to pregnant women.
| ||||||
13 | (2) providers of treatment services to women affected | ||||||
14 | by substance use disorders. alcoholism or
other drug abuse | ||||||
15 | or dependency.
| ||||||
16 | (b) (Blank). The Department may, in conjunction with the | ||||||
17 | Departments of Children and
Family Services, Public Health and | ||||||
18 | Public Aid, develop and maintain an updated
and comprehensive | ||||||
19 | list of medical and social service providers by geographic
| ||||||
20 | region. The Department may periodically send this | ||||||
21 | comprehensive list of
medical and social service providers to | ||||||
22 | all providers of treatment for
alcoholism and other drug abuse | ||||||
23 | and dependency, identified under subsection (f)
of this | ||||||
24 | Section, so that appropriate referrals can be made. The | ||||||
25 | Department
shall obtain the specific consent of each provider | ||||||
26 | of services before
publishing, distributing, verbally making |
| |||||||
| |||||||
1 | information available for purposes of
referral, or otherwise | ||||||
2 | publicizing the availability of services from a
provider. The | ||||||
3 | Department may make information concerning availability of
| ||||||
4 | services available to recipients, but may not require | ||||||
5 | recipients to specific
sources of care.
| ||||||
6 | (c) (Blank). The Department may, on an ongoing basis, keep | ||||||
7 | all medical and social
service providers identified under | ||||||
8 | subsection (b) of this Section informed
about any relevant | ||||||
9 | changes in any laws relating to alcoholism and other drug
abuse | ||||||
10 | and dependency, about services that are available from any | ||||||
11 | State agencies
for addicted pregnant women and addicted mothers | ||||||
12 | and their children, and about
any other developments that the | ||||||
13 | Department finds to be informative.
| ||||||
14 | (d) (Blank). All providers of treatment for alcoholism and | ||||||
15 | other drug abuse and
dependency may receive information from | ||||||
16 | the Department on the availability of
services under the Drug | ||||||
17 | Free Families with a Future or any comparable program
providing | ||||||
18 | case management services for alcoholic or addicted women, | ||||||
19 | including
information on appropriate referrals for other | ||||||
20 | services that may be needed in
addition to treatment.
| ||||||
21 | (e) (Blank). The Department may implement the policies and | ||||||
22 | programs set forth in
this Section with the advice of the | ||||||
23 | Committee on Women's Alcohol and Substance
Abuse Treatment | ||||||
24 | created under Section 10-20 of this Act.
| ||||||
25 | (f) The Department shall develop and maintain an updated | ||||||
26 | and comprehensive
directory of service providers that provide |
| |||||||
| |||||||
1 | treatment services to pregnant
women, mothers, and their | ||||||
2 | children in this State. The Department shall
disseminate an | ||||||
3 | updated directory as often as is necessary to the list of
| ||||||
4 | medical and social service providers compiled under subsection | ||||||
5 | (b) of this
Section. The Department shall obtain the specific | ||||||
6 | consent of each provider of
services before publishing, | ||||||
7 | distributing, verbally making information available
for | ||||||
8 | purposes of referral or otherwise using or publicizing the | ||||||
9 | availability of
services from a provider. The Department may | ||||||
10 | make information concerning
availability of services available | ||||||
11 | to recipients, but may not require
recipients to use specific | ||||||
12 | sources of care.
| ||||||
13 | (g) As a condition of any State grant or contract, the | ||||||
14 | Department shall
require that any treatment program for | ||||||
15 | addicted women with substance use disorders provide services, | ||||||
16 | either
by its own staff or by agreement with other agencies or | ||||||
17 | individuals, which
include but need not be limited to the | ||||||
18 | following:
| ||||||
19 | (1) coordination with any the Healthy Moms/Healthy | ||||||
20 | Kids program, the Drug Free
Families with a Future program, | ||||||
21 | or any comparable program providing case
management | ||||||
22 | services to ensure assure ongoing monitoring and | ||||||
23 | coordination of services
after the addicted woman has | ||||||
24 | returned home.
| ||||||
25 | (2) coordination with medical services for individual | ||||||
26 | medical care of
addicted pregnant women, including |
| |||||||
| |||||||
1 | prenatal care under the supervision of a
physician.
| ||||||
2 | (3) coordination with child care services . under any | ||||||
3 | State plan developed
pursuant to subsection (e) of Section | ||||||
4 | 10-25 of this Act.
| ||||||
5 | (h) As a condition of any State grant or contract, the | ||||||
6 | Department shall
require that any nonresidential program | ||||||
7 | receiving any funding for treatment
services accept women who | ||||||
8 | are pregnant, provided that such services are
clinically | ||||||
9 | appropriate. Failure to comply with this subsection shall | ||||||
10 | result in
termination of the grant or contract and loss of | ||||||
11 | State funding.
| ||||||
12 | (i)(1) From funds appropriated expressly for the purposes | ||||||
13 | of this Section,
the Department shall create or contract with | ||||||
14 | licensed, certified agencies to
develop a program for the care | ||||||
15 | and treatment of addicted pregnant women,
addicted mothers and | ||||||
16 | their children. The program shall be in Cook County in an
area | ||||||
17 | of high density population having a disproportionate number of | ||||||
18 | addicted
women with substance use disorders and a high infant | ||||||
19 | mortality rate.
| ||||||
20 | (2) From funds appropriated expressly for the purposes of | ||||||
21 | this Section,
the
Department shall create or contract with | ||||||
22 | licensed, certified agencies to
develop a program for the care | ||||||
23 | and treatment of low income pregnant women. The
program shall | ||||||
24 | be located anywhere in the State outside of Cook County in an
| ||||||
25 | area of high density population having a disproportionate | ||||||
26 | number of low income
pregnant women.
|
| |||||||
| |||||||
1 | (3) In implementing the programs established under this | ||||||
2 | subsection, the
Department shall contract with existing | ||||||
3 | residential treatment or residencies or recovery homes in areas
| ||||||
4 | having a disproportionate number of women with substance use | ||||||
5 | disorders who who abuse alcohol or other drugs and
need | ||||||
6 | residential treatment and counseling . Priority shall be given | ||||||
7 | to addicted
and abusing women who:
| ||||||
8 | (A) are pregnant, especially if they are intravenous | ||||||
9 | drug users,
| ||||||
10 | (B) have minor children,
| ||||||
11 | (C) are both pregnant and have minor children, or
| ||||||
12 | (D) are referred by medical personnel because they | ||||||
13 | either have given
birth
to a baby with a substance use | ||||||
14 | disorder, addicted to a controlled substance, or will give | ||||||
15 | birth to a baby
with a addicted to a controlled substance | ||||||
16 | use disorder .
| ||||||
17 | (4) The services provided by the programs shall include but | ||||||
18 | not be limited
to:
| ||||||
19 | (A) individual medical care, including prenatal care, | ||||||
20 | under the
supervision of a physician.
| ||||||
21 | (B) temporary, residential shelter for pregnant women, | ||||||
22 | mothers and
children when necessary.
| ||||||
23 | (C) a range of educational or counseling services.
| ||||||
24 | (D) comprehensive and coordinated social services, | ||||||
25 | including substance
abuse therapy groups for the treatment | ||||||
26 | of substance use disorders; alcoholism and other drug abuse |
| |||||||
| |||||||
1 | and
dependency; family therapy groups; programs to develop | ||||||
2 | positive self-awareness;
parent-child therapy; and | ||||||
3 | residential support groups.
| ||||||
4 | (5) (Blank). No services that require a license shall be | ||||||
5 | provided until and unless
the recovery home or other residence | ||||||
6 | obtains and maintains the requisite
license.
| ||||||
7 | (Source: P.A. 88-80.)
| ||||||
8 | (20 ILCS 301/35-10)
| ||||||
9 | Sec. 35-10. Adolescent Family Life Program.
| ||||||
10 | (a) The General Assembly finds and declares the following:
| ||||||
11 | (1) In Illinois, a substantial number of babies are | ||||||
12 | born each year to
adolescent mothers between 12 and 19 | ||||||
13 | years of age.
| ||||||
14 | (2) A substantial percentage of pregnant adolescents | ||||||
15 | have substance use disorders either
abuse substances by | ||||||
16 | experimenting with alcohol and drugs or live in | ||||||
17 | environments an
environment in which substance use | ||||||
18 | disorders occur abuse occurs and thus are at risk of | ||||||
19 | exposing
their infants to dangerous and harmful | ||||||
20 | circumstances substances .
| ||||||
21 | (3) It is difficult to provide substance use disorder | ||||||
22 | abuse counseling for adolescents
in settings designed to | ||||||
23 | serve adults.
| ||||||
24 | (b) To address the findings set forth in subsection (a), | ||||||
25 | and subject to appropriation, the Department of
Human Services |
| |||||||
| |||||||
1 | as successor to the Department of Alcoholism and Substance | ||||||
2 | Abuse
may
establish and fund treatment strategies a 3-year | ||||||
3 | demonstration program in Cook County to be known as the
| ||||||
4 | Adolescent Family Life Program. The program shall
be designed | ||||||
5 | specifically to meet the developmental, social, and | ||||||
6 | educational
needs of high-risk pregnant adolescents and shall | ||||||
7 | do the
following:
| ||||||
8 | (1) To the maximum extent feasible and appropriate, | ||||||
9 | utilize existing
services programs and funding rather than | ||||||
10 | create new, duplicative programs and services.
| ||||||
11 | (2) Include plans for coordination and collaboration | ||||||
12 | with existing
perinatal substance use disorder services. | ||||||
13 | abuse programs.
| ||||||
14 | (3) Include goals and objectives for reducing the | ||||||
15 | incidence of high-risk
pregnant adolescents.
| ||||||
16 | (4) Be culturally and linguistically appropriate to | ||||||
17 | the population
being served.
| ||||||
18 | (5) Include staff development training by substance | ||||||
19 | use disorder abuse counselors.
| ||||||
20 | As used in this Section, "high-risk pregnant adolescent" | ||||||
21 | means a person at
least 12
but not more than 18 years of age | ||||||
22 | with a substance use disorder who uses alcohol to excess, is | ||||||
23 | addicted to a
controlled substance, or habitually uses cannabis | ||||||
24 | and is pregnant.
| ||||||
25 | (c) (Blank). If the Department establishes a program under | ||||||
26 | this Section, the
Department shall report the following to the |
| |||||||
| |||||||
1 | General Assembly on or before the
first day of the thirty-first | ||||||
2 | month following the month in which the program is
initiated:
| ||||||
3 | (1) An accounting of the incidence of high-risk | ||||||
4 | pregnant
adolescents who are abusing alcohol or drugs or a | ||||||
5 | combination of alcohol and
drugs.
| ||||||
6 | (2) An accounting of the health outcomes of infants of | ||||||
7 | high-risk pregnant
adolescents, including infant | ||||||
8 | morbidity, rehospitalization, low
birth weight, premature | ||||||
9 | birth, developmental delay, and other related areas.
| ||||||
10 | (3) An accounting of school enrollment among high-risk | ||||||
11 | pregnant
adolescents.
| ||||||
12 | (4) An assessment of the effectiveness of the | ||||||
13 | counseling services in
reducing the incidence of high-risk | ||||||
14 | pregnant adolescents who are
abusing alcohol or drugs or a | ||||||
15 | combination of alcohol and drugs.
| ||||||
16 | (5) The effectiveness of the component of other health | ||||||
17 | programs aimed at
reducing substance use among pregnant | ||||||
18 | adolescents.
| ||||||
19 | (6) The need for an availability of substance abuse | ||||||
20 | treatment programs in
the program areas that are | ||||||
21 | appropriate, acceptable, and accessible to
adolescents.
| ||||||
22 | (Source: P.A. 90-238, eff. 1-1-98.)
| ||||||
23 | (20 ILCS 301/Art. 40 heading) | ||||||
24 | ARTICLE 40. SUBSTANCE USE DISORDER TREATMENT ALTERNATIVES
| ||||||
25 | FOR CRIMINAL JUSTICE CLIENTS
|
| |||||||
| |||||||
1 | (20 ILCS 301/40-5) | ||||||
2 | Sec. 40-5. Election of treatment. An individual with a | ||||||
3 | substance use disorder addict or alcoholic who is charged
with | ||||||
4 | or convicted of a crime or any other person charged with or | ||||||
5 | convicted of a misdemeanor violation of the Use of Intoxicating | ||||||
6 | Compounds Act and who has not been previously convicted of a | ||||||
7 | violation of that Act may elect treatment under the supervision | ||||||
8 | of any licensed treatment program, a
licensed program | ||||||
9 | designated by the Department, referred to in this Article
as | ||||||
10 | "designated program", unless: | ||||||
11 | (1) the crime is a crime of violence; | ||||||
12 | (2) the crime is a violation of Section 401(a), 401(b), | ||||||
13 | 401(c) where the
person electing treatment has been | ||||||
14 | previously convicted of a non-probationable
felony or the | ||||||
15 | violation is non-probationable, 401(d) where the violation | ||||||
16 | is
non-probationable, 401.1, 402(a), 405 or 407 of the | ||||||
17 | Illinois Controlled
Substances
Act, or Section 12-7.3 of | ||||||
18 | the Criminal Code of 2012, or Section 4(d), 4(e), 4(f), | ||||||
19 | 4(g), 5(d), 5(e), 5(f), 5(g), 5.1, 7
or 9 of the Cannabis | ||||||
20 | Control Act or Section 15, 20, 55, 60(b)(3), 60(b)(4), | ||||||
21 | 60(b)(5), 60(b)(6), or 65 of the Methamphetamine Control | ||||||
22 | and Community Protection Act or is otherwise ineligible for | ||||||
23 | probation under Section 70 of the Methamphetamine Control | ||||||
24 | and Community Protection Act; | ||||||
25 | (3) the person has a record of 2 or more convictions of |
| |||||||
| |||||||
1 | a crime of
violence; | ||||||
2 | (4) other criminal proceedings alleging commission of | ||||||
3 | a felony are pending
against the person; | ||||||
4 | (5) the person is on probation or parole and the | ||||||
5 | appropriate parole or
probation authority does not consent | ||||||
6 | to that election; | ||||||
7 | (6) the person elected and was admitted to a treatment | ||||||
8 | designated program on 2 prior
occasions within any | ||||||
9 | consecutive 2-year period; | ||||||
10 | (7) the person has been convicted of residential | ||||||
11 | burglary and has a record
of one or more felony | ||||||
12 | convictions; | ||||||
13 | (8) the crime is a violation of Section 11-501 of the | ||||||
14 | Illinois Vehicle
Code or a similar provision of a local | ||||||
15 | ordinance; or | ||||||
16 | (9) the crime is a reckless homicide or a reckless | ||||||
17 | homicide of an unborn
child, as defined in Section 9-3 or | ||||||
18 | 9-3.2 of the Criminal Code of 1961 or the Criminal Code of | ||||||
19 | 2012, in
which the cause of death consists of the driving | ||||||
20 | of a motor vehicle by a person
under the influence of | ||||||
21 | alcohol or any other drug or drugs at the time of the
| ||||||
22 | violation. | ||||||
23 | Nothing in this Section shall preclude an individual who is | ||||||
24 | charged with or convicted of a crime that is a violation of | ||||||
25 | Section 60(b)(1) or 60(b)(2) of the Methamphetamine Control and | ||||||
26 | Community Protection Act, and who is otherwise eligible to make |
| |||||||
| |||||||
1 | the election provided for under this Section, from being | ||||||
2 | eligible to make an election for treatment as a condition of | ||||||
3 | probation as provided for under this Article. | ||||||
4 | (Source: P.A. 98-896, eff. 1-1-15; 98-1124, eff. 8-26-14; | ||||||
5 | 99-78, eff. 7-20-15.)
| ||||||
6 | (20 ILCS 301/40-10)
| ||||||
7 | Sec. 40-10. Treatment as a condition of probation.
| ||||||
8 | (a) If a court has reason to believe that an individual who | ||||||
9 | is charged with
or convicted of a crime suffers from a | ||||||
10 | substance use disorder alcoholism or other drug addiction and | ||||||
11 | the
court finds that he or she is eligible to make the election | ||||||
12 | provided for under Section
40-5, the court shall advise the | ||||||
13 | individual that he or she
may be sentenced to probation and
| ||||||
14 | shall be subject to terms and conditions of probation under
| ||||||
15 | Section 5-6-3 of the Unified Code of Corrections
if he or she | ||||||
16 | elects to participate in submit to treatment and is accepted | ||||||
17 | for
services by a licensed treatment facility. treatment by a | ||||||
18 | designated program. The court shall further advise the
| ||||||
19 | individual that:
| ||||||
20 | (1) If if he or she elects to participate in submit to | ||||||
21 | treatment and is accepted he or
she
shall be sentenced to | ||||||
22 | probation and placed under the supervision of the treatment | ||||||
23 | designated program
for a period
not to exceed the maximum | ||||||
24 | sentence that could be imposed for his or her conviction or
| ||||||
25 | 5 years, whichever is less.
|
| |||||||
| |||||||
1 | (2) (Blank). during probation he or she may be treated | ||||||
2 | at the discretion of the
designated
program.
| ||||||
3 | (3) If if he or she adheres to the requirements of the | ||||||
4 | treatment designated program
and
fulfills the other | ||||||
5 | conditions of probation ordered by the court, he or she
| ||||||
6 | will be
discharged, but any failure to adhere to the | ||||||
7 | requirements of the treatment designated
program is a | ||||||
8 | breach of probation.
| ||||||
9 | The court may require certify an individual to obtain for | ||||||
10 | treatment while on
probation under the supervision of a | ||||||
11 | treatment designated program and probation
authorities | ||||||
12 | regardless of the election of the individual if the assessment, | ||||||
13 | as specified in subsection (b), indicates that such treatment | ||||||
14 | is medically necessary .
| ||||||
15 | (b) If the individual elects to undergo treatment or is | ||||||
16 | required to obtain certified for
treatment, the court shall | ||||||
17 | order an assessment by a licensed treatment examination by a | ||||||
18 | designated program to
determine whether he or she suffers from | ||||||
19 | a substance use disorder alcoholism or other drug addiction and | ||||||
20 | is
likely to be rehabilitated through treatment. The treatment | ||||||
21 | designated program shall
report to the court the results of the | ||||||
22 | assessment and, if treatment is determined medically | ||||||
23 | necessary, indicate the diagnosis and the recommended initial | ||||||
24 | level of care. examination and recommend whether the
individual | ||||||
25 | should be placed for treatment. If the court, on the basis of | ||||||
26 | the
report and other information, finds that such an individual |
| |||||||
| |||||||
1 | suffers from
a substance use disorder alcoholism or other drug | ||||||
2 | addiction and is likely to be rehabilitated through
treatment, | ||||||
3 | the individual shall be placed on probation and under the
| ||||||
4 | supervision of a treatment designated program for treatment and | ||||||
5 | under the supervision of
the proper probation authorities for | ||||||
6 | probation supervision unless, giving
consideration to the | ||||||
7 | nature and circumstances of the offense and to the
history, | ||||||
8 | character , and condition of the individual, the court is of the | ||||||
9 | opinion
that no significant relationship exists between the | ||||||
10 | substance use disorder addiction or alcoholism of
the | ||||||
11 | individual and the crime committed, or that his or her | ||||||
12 | imprisonment or periodic
imprisonment is necessary for the | ||||||
13 | protection of the public, and the court
specifies on the record | ||||||
14 | the particular evidence, information , or other reasons
that | ||||||
15 | form the basis of such opinion. However, under no circumstances | ||||||
16 | shall the
individual be placed under the supervision of a | ||||||
17 | treatment designated program for
treatment before the entry of | ||||||
18 | a judgment of conviction.
| ||||||
19 | (c) If the court, on the basis of the report or other | ||||||
20 | information, finds
that the individual suffering from a | ||||||
21 | substance use disorder alcoholism or other drug addiction is | ||||||
22 | not
likely to be rehabilitated through treatment, or that his | ||||||
23 | or her substance use disorder addiction or
alcoholism and the | ||||||
24 | crime committed are not significantly related, or that his
or | ||||||
25 | her imprisonment or periodic imprisonment is necessary for the | ||||||
26 | protection of the
public, the court shall impose sentence as in |
| |||||||
| |||||||
1 | other cases. The court may
require such progress reports on the | ||||||
2 | individual from the probation officer and
treatment designated | ||||||
3 | program as the court finds necessary. No individual may be | ||||||
4 | placed
under treatment supervision of a treatment program | ||||||
5 | unless the treatment program accepts him or her for services. | ||||||
6 | unless a designated program accepts him for
treatment.
| ||||||
7 | (d) Failure of an individual placed on probation and under | ||||||
8 | the supervision
of a treatment designated program to observe | ||||||
9 | the requirements set down by the treatment designated
program | ||||||
10 | shall be considered a probation violation. Such failure shall | ||||||
11 | be
reported by the treatment designated program to the | ||||||
12 | probation officer in charge of the
individual and treated in | ||||||
13 | accordance with probation regulations.
| ||||||
14 | (e) Upon successful fulfillment of the terms and conditions | ||||||
15 | of probation the
court shall discharge the person from | ||||||
16 | probation. If the person has not
previously been convicted of | ||||||
17 | any felony offense and has not previously been
granted a | ||||||
18 | vacation of judgment under this Section, upon motion, the court | ||||||
19 | shall
vacate the judgment of conviction and dismiss the | ||||||
20 | criminal proceedings against
him or her unless, having | ||||||
21 | considered the nature and circumstances of the offense and
the | ||||||
22 | history, character and condition of the individual, the court | ||||||
23 | finds that
the motion should not be granted. Unless good cause | ||||||
24 | is shown, such motion to
vacate must be filed at any time from | ||||||
25 | the date of the entry of the judgment to a date that is not more | ||||||
26 | than 60 days after the discharge of the probation.
|
| |||||||
| |||||||
1 | (Source: P.A. 99-574, eff. 1-1-17 .)
| ||||||
2 | (20 ILCS 301/40-15)
| ||||||
3 | Sec. 40-15. Acceptance for treatment as a parole or | ||||||
4 | aftercare release condition. Acceptance
for treatment for a | ||||||
5 | substance use disorder drug addiction or alcoholism under the | ||||||
6 | supervision of a
treatment designated program may be made a | ||||||
7 | condition of parole or aftercare release, and failure to comply
| ||||||
8 | with such services treatment may be treated as a violation of | ||||||
9 | parole or aftercare release. A treatment designated
program | ||||||
10 | shall establish the conditions under which a parolee or | ||||||
11 | releasee is accepted
for services treatment . No parolee or | ||||||
12 | releasee may be placed under the supervision of a treatment | ||||||
13 | designated
program for treatment unless the designated program | ||||||
14 | accepts him or her for treatment.
The treatment designated | ||||||
15 | program shall make periodic progress reports regarding each | ||||||
16 | such
parolee or releasee to the appropriate parole authority | ||||||
17 | and shall report failures to comply
with the prescribed | ||||||
18 | treatment program.
| ||||||
19 | (Source: P.A. 98-558, eff. 1-1-14.)
| ||||||
20 | (20 ILCS 301/45-5)
| ||||||
21 | Sec. 45-5. Inspections.
| ||||||
22 | (a) Employees or officers of the Department are authorized | ||||||
23 | to enter, at
reasonable times and upon presentation of | ||||||
24 | credentials, the premises on which
any licensed or funded |
| |||||||
| |||||||
1 | activity is conducted, including off-site services,
in order to | ||||||
2 | inspect all pertinent
property, records, personnel and | ||||||
3 | business data that which relate to such activity.
| ||||||
4 | (b) When authorized by an administrative inspection | ||||||
5 | warrant issued pursuant
to this Act, any officer or employee | ||||||
6 | may execute the inspection warrant
according to its terms. | ||||||
7 | Entries, inspections and seizures of property may be
made | ||||||
8 | without a warrant:
| ||||||
9 | (1) if the person in charge of the premises consents.
| ||||||
10 | (2) in situations presenting imminent danger to health | ||||||
11 | or safety.
| ||||||
12 | (3) in situations involving inspections of conveyances | ||||||
13 | if there is
reasonable cause to believe that the mobility | ||||||
14 | of the conveyance makes it
impracticable to obtain a | ||||||
15 | warrant.
| ||||||
16 | (4) in any other exceptional or emergency | ||||||
17 | circumstances where time or
opportunity to apply for a | ||||||
18 | warrant is lacking.
| ||||||
19 | (c) Issuance and execution of administrative inspection | ||||||
20 | warrants shall be
as follows.
| ||||||
21 | (1) A judge of the circuit court, upon proper oath or | ||||||
22 | affirmation showing
probable cause, may issue | ||||||
23 | administrative inspection warrants for the purpose of
| ||||||
24 | conducting inspections and seizing property. Probable | ||||||
25 | cause exists upon
showing a valid public interest in the | ||||||
26 | effective enforcement of this Act or
regulations |
| |||||||
| |||||||
1 | promulgated hereunder, sufficient to justify inspection or | ||||||
2 | seizure
of property.
| ||||||
3 | (2) An inspection warrant shall be issued only upon an | ||||||
4 | affidavit of a
person having knowledge of the facts | ||||||
5 | alleged, sworn to before the circuit judge
and established | ||||||
6 | as grounds for issuance of a warrant. If the circuit judge | ||||||
7 | is
satisfied that probable cause exists, he shall issue an | ||||||
8 | inspection warrant
identifying the premises to be | ||||||
9 | inspected, the property, if any, to be seized,
and the | ||||||
10 | purpose of the inspection or seizure.
| ||||||
11 | (3) The inspection warrant shall state the grounds for | ||||||
12 | its issuance, the
names of persons whose affidavits have | ||||||
13 | been taken in support thereof and any
items or types of | ||||||
14 | property to be seized.
| ||||||
15 | (4) The inspection warrant shall be directed to a | ||||||
16 | person authorized by the
Secretary to execute it, shall | ||||||
17 | command the person to inspect
or seize the
property, direct | ||||||
18 | that it be served at any time of day or night, and | ||||||
19 | designate a
circuit judge to whom it shall be returned.
| ||||||
20 | (5) The inspection warrant must be executed and | ||||||
21 | returned within 10 days of
the date of issuance unless the | ||||||
22 | court orders otherwise.
| ||||||
23 | (6) If property is seized, an inventory shall be made. | ||||||
24 | A copy of the
inventory of the seized property shall be | ||||||
25 | given to the person from whom the
property was taken, or if | ||||||
26 | no person is available to receive the inventory, it
shall |
| |||||||
| |||||||
1 | be left at the premises.
| ||||||
2 | (7) No warrant shall be quashed nor evidence suppressed | ||||||
3 | because of
technical irregularities not affecting the | ||||||
4 | substantive rights of the persons
affected. The Department | ||||||
5 | shall have exclusive jurisdiction for the enforcement
of | ||||||
6 | this Act and for violations thereof.
| ||||||
7 | (Source: P.A. 88-80; 89-202, eff. 7-21-95; 89-507, eff. | ||||||
8 | 7-1-97.)
| ||||||
9 | (20 ILCS 301/50-10)
| ||||||
10 | Sec. 50-10. Alcoholism and Substance Abuse Fund. Monies | ||||||
11 | received from the
federal government, except monies received | ||||||
12 | under the Block Grant for the
Prevention and Treatment of | ||||||
13 | Alcoholism and Substance Abuse, and other gifts or
grants made | ||||||
14 | by any person or other organization or State entity to the fund | ||||||
15 | shall be deposited into the Alcoholism and
Substance Abuse Fund | ||||||
16 | which is hereby created as a special fund in the State
| ||||||
17 | treasury. Monies in this fund shall be appropriated to the | ||||||
18 | Department and
expended for the purposes and activities | ||||||
19 | specified by the person, organization
or federal agency making | ||||||
20 | the gift or grant.
| ||||||
21 | (Source: P.A. 98-463, eff. 8-16-13.)
| ||||||
22 | (20 ILCS 301/50-20)
| ||||||
23 | Sec. 50-20. Drunk and Drugged Driving Prevention Fund. | ||||||
24 | There is hereby
created in the State treasury a special fund to |
| |||||||
| |||||||
1 | be known as the Drunk and
Drugged Driving Prevention Fund. | ||||||
2 | There shall be deposited into this Fund such
amounts as may be | ||||||
3 | received pursuant to subsection (c)(2) of Section 6-118 of
the | ||||||
4 | Illinois Vehicle Code. Monies in this fund shall be | ||||||
5 | appropriated to the
Department and expended for the purpose of | ||||||
6 | making grants to reimburse DUI
evaluation and risk remedial | ||||||
7 | education programs licensed by the Department for the
costs of | ||||||
8 | providing indigent persons with free or reduced-cost services | ||||||
9 | relating
to a criminal charge of driving under the influence of | ||||||
10 | alcohol or other drugs.
Monies in the Drunk and Drugged Driving | ||||||
11 | Prevention Fund may also be used to
enhance and support | ||||||
12 | regulatory inspections and investigations conducted by the
| ||||||
13 | Department under Article 45 of this Act. The balance of the | ||||||
14 | Fund on June 30 of
each fiscal year, less the amount of any | ||||||
15 | expenditures attributable to that
fiscal year during the lapse | ||||||
16 | period, shall be transferred by the Treasurer to
the General | ||||||
17 | Revenue Fund by the following October 10.
| ||||||
18 | (Source: P.A. 88-80.)
| ||||||
19 | (20 ILCS 301/50-40)
| ||||||
20 | Sec. 50-40. Group Home Loan Revolving Fund.
| ||||||
21 | (a) There is hereby established the Group Home Loan | ||||||
22 | Revolving Fund, referred
to in this Section as the "fund", to | ||||||
23 | be held as a separate fund within the
State Treasury. Monies in | ||||||
24 | this fund shall be appropriated to the Department on
a | ||||||
25 | continuing annual basis. With these funds, the Department |
| |||||||
| |||||||
1 | shall, directly or
through subcontract, make loans to assist in | ||||||
2 | underwriting the costs of housing
in which there may reside no | ||||||
3 | fewer than 6 individuals who are recovering from
substance use | ||||||
4 | disorders alcohol or other drug abuse or dependency , and who | ||||||
5 | are seeking an alcohol-free or a drug-free
environment in which | ||||||
6 | to live. Consistent with federal law and regulation, the
| ||||||
7 | Department may establish guidelines for approving the use and | ||||||
8 | management of monies loaned
from the fund, the operation of | ||||||
9 | group homes receiving loans under this Section
and the | ||||||
10 | repayment of monies loaned.
| ||||||
11 | (b) There shall be deposited into the fund such amounts | ||||||
12 | including, but not
limited to:
| ||||||
13 | (1) all receipts, including principal and interest | ||||||
14 | payments and royalties,
from any applicable loan agreement | ||||||
15 | made from the fund.
| ||||||
16 | (2) all proceeds of assets of whatever nature received | ||||||
17 | by the Department
as a result of default or delinquency | ||||||
18 | with respect to loan agreements made from
the fund, | ||||||
19 | including proceeds from the sale, disposal, lease or rental | ||||||
20 | of real
or personal property that which the Department may | ||||||
21 | receive as a result thereof.
| ||||||
22 | (3) any direct appropriations made by the General | ||||||
23 | Assembly, or any gifts
or grants made by any person to the | ||||||
24 | fund.
| ||||||
25 | (4) any income received from interest on investments of | ||||||
26 | monies in the
fund.
|
| |||||||
| |||||||
1 | (c) The Treasurer may invest monies in the fund in | ||||||
2 | securities constituting
obligations of the United States | ||||||
3 | government, or in obligations the principal of
and interest on | ||||||
4 | which are guaranteed by the United States government, or in
| ||||||
5 | certificates of deposit of any State or national bank which are | ||||||
6 | fully secured
by obligations guaranteed as to principal and | ||||||
7 | interest by the United States
government.
| ||||||
8 | (Source: P.A. 88-80.)
| ||||||
9 | (20 ILCS 301/55-25) | ||||||
10 | Sec. 55-25. Drug court grant program. | ||||||
11 | (a) Subject to appropriation, the Department Division of | ||||||
12 | Alcoholism and Substance Abuse within the Department of Human | ||||||
13 | Services shall establish a program to administer grants to | ||||||
14 | local drug courts. Grant moneys may be used for the following | ||||||
15 | purposes: | ||||||
16 | (1) treatment or other clinical intervention through | ||||||
17 | an appropriately licensed provider; | ||||||
18 | (2) monitoring, supervision, and clinical case | ||||||
19 | management via probation or licensed treatment providers; , | ||||||
20 | TASC, or other licensed Division of Alcoholism and | ||||||
21 | Substance Abuse (DASA) providers; | ||||||
22 | (3) transportation of the offender to required | ||||||
23 | appointments; | ||||||
24 | (4) interdisciplinary and other training of both | ||||||
25 | clinical and legal professionals who are involved in the |
| |||||||
| |||||||
1 | local drug court; | ||||||
2 | (5) other activities including data collection related | ||||||
3 | to drug court operation and purchase of software or other | ||||||
4 | administrative tools to assist in the overall management of | ||||||
5 | the local system; or | ||||||
6 | (6) court appointed special advocate programs.
| ||||||
7 | (b) The position of Statewide Drug Court Coordinator is | ||||||
8 | created as a full-time position within the Department Division | ||||||
9 | of Alcoholism and Substance Abuse . The Statewide Drug Court | ||||||
10 | Coordinator shall be responsible for the following:
| ||||||
11 | (1) coordinating training, technical assistance, and | ||||||
12 | overall support to drug courts in Illinois;
| ||||||
13 | (2) assisting in the development of new drug courts and | ||||||
14 | advising local partnerships on appropriate practices;
| ||||||
15 | (3) collecting data from local drug court partnerships | ||||||
16 | on drug court operations and aggregating that data into an | ||||||
17 | annual report to be presented to the General Assembly; and
| ||||||
18 | (4) acting as a liaison between the State and the | ||||||
19 | Illinois Association of Drug Court Professionals.
| ||||||
20 | (Source: P.A. 95-204, eff. 1-1-08.)
| ||||||
21 | (20 ILCS 301/55-30) | ||||||
22 | Sec. 55-30. Rate increase. The Department Within 30 days | ||||||
23 | after the effective date of this amendatory Act of the 100th | ||||||
24 | General Assembly, the Division of Alcoholism and Substance | ||||||
25 | Abuse shall by rule develop the increased rate methodology and |
| |||||||
| |||||||
1 | annualize the increased rate beginning with State fiscal year | ||||||
2 | 2018 contracts to licensed providers of community-based | ||||||
3 | substance use disorder intervention or treatment community | ||||||
4 | based addiction treatment , based on the additional amounts | ||||||
5 | appropriated for the purpose of providing a rate increase to | ||||||
6 | licensed providers of community based addiction treatment . The | ||||||
7 | Department shall adopt rules, including emergency rules under | ||||||
8 | subsection (y) of Section 5-45 of the Illinois Administrative | ||||||
9 | Procedure Act, to implement the provisions of this Section.
| ||||||
10 | (Source: P.A. 100-23, eff. 7-6-17.)
| ||||||
11 | (20 ILCS 301/10-20 rep.)
| ||||||
12 | (20 ILCS 301/10-25 rep.)
| ||||||
13 | (20 ILCS 301/10-30 rep.)
| ||||||
14 | (20 ILCS 301/10-55 rep.)
| ||||||
15 | (20 ILCS 301/10-60 rep.)
| ||||||
16 | Section 10. The Alcoholism and Other Drug Abuse and | ||||||
17 | Dependency Act is amended by repealing Sections 10-20, 10-25, | ||||||
18 | 10-30, 10-55, and 10-60.
| ||||||
19 | Section 11. The Children and Family Services Act is amended | ||||||
20 | by changing Section 5 as follows:
| ||||||
21 | (20 ILCS 505/5) (from Ch. 23, par. 5005)
| ||||||
22 | Sec. 5. Direct child welfare services; Department of | ||||||
23 | Children and Family
Services. To provide direct child welfare |
| |||||||
| |||||||
1 | services when not available
through other public or private | ||||||
2 | child care or program facilities.
| ||||||
3 | (a) For purposes of this Section:
| ||||||
4 | (1) "Children" means persons found within the State who | ||||||
5 | are under the
age of 18 years. The term also includes | ||||||
6 | persons under age 21 who:
| ||||||
7 | (A) were committed to the Department pursuant to | ||||||
8 | the
Juvenile Court Act or the Juvenile Court Act of | ||||||
9 | 1987, as amended, prior to
the age of 18 and who | ||||||
10 | continue under the jurisdiction of the court; or
| ||||||
11 | (B) were accepted for care, service and training by
| ||||||
12 | the Department prior to the age of 18 and whose best | ||||||
13 | interest in the
discretion of the Department would be | ||||||
14 | served by continuing that care,
service and training | ||||||
15 | because of severe emotional disturbances, physical
| ||||||
16 | disability, social adjustment or any combination | ||||||
17 | thereof, or because of the
need to complete an | ||||||
18 | educational or vocational training program.
| ||||||
19 | (2) "Homeless youth" means persons found within the
| ||||||
20 | State who are under the age of 19, are not in a safe and | ||||||
21 | stable living
situation and cannot be reunited with their | ||||||
22 | families.
| ||||||
23 | (3) "Child welfare services" means public social | ||||||
24 | services which are
directed toward the accomplishment of | ||||||
25 | the following purposes:
| ||||||
26 | (A) protecting and promoting the health, safety |
| |||||||
| |||||||
1 | and welfare of
children,
including homeless, dependent | ||||||
2 | or neglected children;
| ||||||
3 | (B) remedying, or assisting in the solution
of | ||||||
4 | problems which may result in, the neglect, abuse, | ||||||
5 | exploitation or
delinquency of children;
| ||||||
6 | (C) preventing the unnecessary separation of | ||||||
7 | children
from their families by identifying family | ||||||
8 | problems, assisting families in
resolving their | ||||||
9 | problems, and preventing the breakup of the family
| ||||||
10 | where the prevention of child removal is desirable and | ||||||
11 | possible when the
child can be cared for at home | ||||||
12 | without endangering the child's health and
safety;
| ||||||
13 | (D) restoring to their families children who have | ||||||
14 | been
removed, by the provision of services to the child | ||||||
15 | and the families when the
child can be cared for at | ||||||
16 | home without endangering the child's health and
| ||||||
17 | safety;
| ||||||
18 | (E) placing children in suitable adoptive homes, | ||||||
19 | in
cases where restoration to the biological family is | ||||||
20 | not safe, possible or
appropriate;
| ||||||
21 | (F) assuring safe and adequate care of children | ||||||
22 | away from their
homes, in cases where the child cannot | ||||||
23 | be returned home or cannot be placed
for adoption. At | ||||||
24 | the time of placement, the Department shall consider
| ||||||
25 | concurrent planning,
as described in subsection (l-1) | ||||||
26 | of this Section so that permanency may
occur at the |
| |||||||
| |||||||
1 | earliest opportunity. Consideration should be given so | ||||||
2 | that if
reunification fails or is delayed, the | ||||||
3 | placement made is the best available
placement to | ||||||
4 | provide permanency for the child;
| ||||||
5 | (G) (blank);
| ||||||
6 | (H) (blank); and
| ||||||
7 | (I) placing and maintaining children in facilities | ||||||
8 | that provide
separate living quarters for children | ||||||
9 | under the age of 18 and for children
18 years of age | ||||||
10 | and older, unless a child 18 years of age is in the | ||||||
11 | last
year of high school education or vocational | ||||||
12 | training, in an approved
individual or group treatment | ||||||
13 | program, in a licensed shelter facility,
or secure | ||||||
14 | child care facility.
The Department is not required to | ||||||
15 | place or maintain children:
| ||||||
16 | (i) who are in a foster home, or
| ||||||
17 | (ii) who are persons with a developmental | ||||||
18 | disability, as defined in
the Mental
Health and | ||||||
19 | Developmental Disabilities Code, or
| ||||||
20 | (iii) who are female children who are | ||||||
21 | pregnant, pregnant and
parenting or parenting, or
| ||||||
22 | (iv) who are siblings, in facilities that | ||||||
23 | provide separate living quarters for children 18
| ||||||
24 | years of age and older and for children under 18 | ||||||
25 | years of age.
| ||||||
26 | (b) Nothing in this Section shall be construed to authorize |
| |||||||
| |||||||
1 | the
expenditure of public funds for the purpose of performing | ||||||
2 | abortions.
| ||||||
3 | (c) The Department shall establish and maintain | ||||||
4 | tax-supported child
welfare services and extend and seek to | ||||||
5 | improve voluntary services
throughout the State, to the end | ||||||
6 | that services and care shall be available
on an equal basis | ||||||
7 | throughout the State to children requiring such services.
| ||||||
8 | (d) The Director may authorize advance disbursements for | ||||||
9 | any new program
initiative to any agency contracting with the | ||||||
10 | Department. As a
prerequisite for an advance disbursement, the | ||||||
11 | contractor must post a
surety bond in the amount of the advance | ||||||
12 | disbursement and have a
purchase of service contract approved | ||||||
13 | by the Department. The Department
may pay up to 2 months | ||||||
14 | operational expenses in advance. The amount of the
advance | ||||||
15 | disbursement shall be prorated over the life of the contract
or | ||||||
16 | the remaining months of the fiscal year, whichever is less, and | ||||||
17 | the
installment amount shall then be deducted from future | ||||||
18 | bills. Advance
disbursement authorizations for new initiatives | ||||||
19 | shall not be made to any
agency after that agency has operated | ||||||
20 | during 2 consecutive fiscal years.
The requirements of this | ||||||
21 | Section concerning advance disbursements shall
not apply with | ||||||
22 | respect to the following: payments to local public agencies
for | ||||||
23 | child day care services as authorized by Section 5a of this | ||||||
24 | Act; and
youth service programs receiving grant funds under | ||||||
25 | Section 17a-4.
| ||||||
26 | (e) (Blank).
|
| |||||||
| |||||||
1 | (f) (Blank).
| ||||||
2 | (g) The Department shall establish rules and regulations | ||||||
3 | concerning
its operation of programs designed to meet the goals | ||||||
4 | of child safety and
protection,
family preservation, family | ||||||
5 | reunification, and adoption, including but not
limited to:
| ||||||
6 | (1) adoption;
| ||||||
7 | (2) foster care;
| ||||||
8 | (3) family counseling;
| ||||||
9 | (4) protective services;
| ||||||
10 | (5) (blank);
| ||||||
11 | (6) homemaker service;
| ||||||
12 | (7) return of runaway children;
| ||||||
13 | (8) (blank);
| ||||||
14 | (9) placement under Section 5-7 of the Juvenile Court | ||||||
15 | Act or
Section 2-27, 3-28, 4-25 or 5-740 of the Juvenile | ||||||
16 | Court Act of 1987 in
accordance with the federal Adoption | ||||||
17 | Assistance and Child Welfare Act of
1980; and
| ||||||
18 | (10) interstate services.
| ||||||
19 | Rules and regulations established by the Department shall | ||||||
20 | include
provisions for training Department staff and the staff | ||||||
21 | of Department
grantees, through contracts with other agencies | ||||||
22 | or resources, in alcohol
and drug abuse screening techniques to | ||||||
23 | identify substance use disorders, as defined in the Substance | ||||||
24 | Use Disorder Act, approved by the Department of Human
Services, | ||||||
25 | as a successor to the Department of Alcoholism and Substance | ||||||
26 | Abuse,
for the purpose of identifying children and adults who
|
| |||||||
| |||||||
1 | should be referred for an assessment at an organization | ||||||
2 | appropriately licensed by the Department of Human Services for | ||||||
3 | substance use disorder treatment to an alcohol and drug abuse | ||||||
4 | treatment program for
professional evaluation .
| ||||||
5 | (h) If the Department finds that there is no appropriate | ||||||
6 | program or
facility within or available to the Department for a | ||||||
7 | youth in care and that no
licensed private facility has an | ||||||
8 | adequate and appropriate program or none
agrees to accept the | ||||||
9 | youth in care, the Department shall create an appropriate
| ||||||
10 | individualized, program-oriented plan for such youth in care. | ||||||
11 | The
plan may be developed within the Department or through | ||||||
12 | purchase of services
by the Department to the extent that it is | ||||||
13 | within its statutory authority
to do.
| ||||||
14 | (i) Service programs shall be available throughout the | ||||||
15 | State and shall
include but not be limited to the following | ||||||
16 | services:
| ||||||
17 | (1) case management;
| ||||||
18 | (2) homemakers;
| ||||||
19 | (3) counseling;
| ||||||
20 | (4) parent education;
| ||||||
21 | (5) day care; and
| ||||||
22 | (6) emergency assistance and advocacy.
| ||||||
23 | In addition, the following services may be made available | ||||||
24 | to assess and
meet the needs of children and families:
| ||||||
25 | (1) comprehensive family-based services;
| ||||||
26 | (2) assessments;
|
| |||||||
| |||||||
1 | (3) respite care; and
| ||||||
2 | (4) in-home health services.
| ||||||
3 | The Department shall provide transportation for any of the | ||||||
4 | services it
makes available to children or families or for | ||||||
5 | which it refers children
or families.
| ||||||
6 | (j) The Department may provide categories of financial | ||||||
7 | assistance and
education assistance grants, and shall
| ||||||
8 | establish rules and regulations concerning the assistance and | ||||||
9 | grants, to
persons who
adopt children with physical or mental | ||||||
10 | disabilities, children who are older, or other hard-to-place
| ||||||
11 | children who (i) immediately prior to their adoption were youth | ||||||
12 | in care or (ii) were determined eligible for financial | ||||||
13 | assistance with respect to a
prior adoption and who become | ||||||
14 | available for adoption because the
prior adoption has been | ||||||
15 | dissolved and the parental rights of the adoptive
parents have | ||||||
16 | been
terminated or because the child's adoptive parents have | ||||||
17 | died.
The Department may continue to provide financial | ||||||
18 | assistance and education assistance grants for a child who was | ||||||
19 | determined eligible for financial assistance under this | ||||||
20 | subsection (j) in the interim period beginning when the child's | ||||||
21 | adoptive parents died and ending with the finalization of the | ||||||
22 | new adoption of the child by another adoptive parent or | ||||||
23 | parents. The Department may also provide categories of | ||||||
24 | financial
assistance and education assistance grants, and
| ||||||
25 | shall establish rules and regulations for the assistance and | ||||||
26 | grants, to persons
appointed guardian of the person under |
| |||||||
| |||||||
1 | Section 5-7 of the Juvenile Court
Act or Section 2-27, 3-28, | ||||||
2 | 4-25 or 5-740 of the Juvenile Court Act of 1987
for children | ||||||
3 | who were youth in care for 12 months immediately
prior to the | ||||||
4 | appointment of the guardian.
| ||||||
5 | The amount of assistance may vary, depending upon the needs | ||||||
6 | of the child
and the adoptive parents,
as set forth in the | ||||||
7 | annual
assistance agreement. Special purpose grants are | ||||||
8 | allowed where the child
requires special service but such costs | ||||||
9 | may not exceed the amounts
which similar services would cost | ||||||
10 | the Department if it were to provide or
secure them as guardian | ||||||
11 | of the child.
| ||||||
12 | Any financial assistance provided under this subsection is
| ||||||
13 | inalienable by assignment, sale, execution, attachment, | ||||||
14 | garnishment, or any
other remedy for recovery or collection of | ||||||
15 | a judgment or debt.
| ||||||
16 | (j-5) The Department shall not deny or delay the placement | ||||||
17 | of a child for
adoption
if an approved family is available | ||||||
18 | either outside of the Department region
handling the case,
or | ||||||
19 | outside of the State of Illinois.
| ||||||
20 | (k) The Department shall accept for care and training any | ||||||
21 | child who has
been adjudicated neglected or abused, or | ||||||
22 | dependent committed to it pursuant
to the Juvenile Court Act or | ||||||
23 | the Juvenile Court Act of 1987.
| ||||||
24 | (l) The Department shall
offer family preservation | ||||||
25 | services, as defined in Section 8.2 of the Abused
and
Neglected | ||||||
26 | Child
Reporting Act, to help families, including adoptive and |
| |||||||
| |||||||
1 | extended families.
Family preservation
services shall be | ||||||
2 | offered (i) to prevent the
placement
of children in
substitute | ||||||
3 | care when the children can be cared for at home or in the | ||||||
4 | custody of
the person
responsible for the children's welfare,
| ||||||
5 | (ii) to
reunite children with their families, or (iii) to
| ||||||
6 | maintain an adoptive placement. Family preservation services | ||||||
7 | shall only be
offered when doing so will not endanger the | ||||||
8 | children's health or safety. With
respect to children who are | ||||||
9 | in substitute care pursuant to the Juvenile Court
Act of 1987, | ||||||
10 | family preservation services shall not be offered if a goal | ||||||
11 | other
than those of subdivisions (A), (B), or (B-1) of | ||||||
12 | subsection (2) of Section 2-28
of
that Act has been set.
| ||||||
13 | Nothing in this paragraph shall be construed to create a | ||||||
14 | private right of
action or claim on the part of any individual | ||||||
15 | or child welfare agency, except that when a child is the | ||||||
16 | subject of an action under Article II of the Juvenile Court Act | ||||||
17 | of 1987 and the child's service plan calls for services to | ||||||
18 | facilitate achievement of the permanency goal, the court | ||||||
19 | hearing the action under Article II of the Juvenile Court Act | ||||||
20 | of 1987 may order the Department to provide the services set | ||||||
21 | out in the plan, if those services are not provided with | ||||||
22 | reasonable promptness and if those services are available.
| ||||||
23 | The Department shall notify the child and his family of the
| ||||||
24 | Department's
responsibility to offer and provide family | ||||||
25 | preservation services as
identified in the service plan. The | ||||||
26 | child and his family shall be eligible
for services as soon as |
| |||||||
| |||||||
1 | the report is determined to be "indicated". The
Department may | ||||||
2 | offer services to any child or family with respect to whom a
| ||||||
3 | report of suspected child abuse or neglect has been filed, | ||||||
4 | prior to
concluding its investigation under Section 7.12 of the | ||||||
5 | Abused and Neglected
Child Reporting Act. However, the child's | ||||||
6 | or family's willingness to
accept services shall not be | ||||||
7 | considered in the investigation. The
Department may also | ||||||
8 | provide services to any child or family who is the
subject of | ||||||
9 | any report of suspected child abuse or neglect or may refer | ||||||
10 | such
child or family to services available from other agencies | ||||||
11 | in the community,
even if the report is determined to be | ||||||
12 | unfounded, if the conditions in the
child's or family's home | ||||||
13 | are reasonably likely to subject the child or
family to future | ||||||
14 | reports of suspected child abuse or neglect. Acceptance
of such | ||||||
15 | services shall be voluntary. The Department may also provide | ||||||
16 | services to any child or family after completion of a family | ||||||
17 | assessment, as an alternative to an investigation, as provided | ||||||
18 | under the "differential response program" provided for in | ||||||
19 | subsection (a-5) of Section 7.4 of the Abused and Neglected | ||||||
20 | Child Reporting Act.
| ||||||
21 | The Department may, at its discretion except for those | ||||||
22 | children also
adjudicated neglected or dependent, accept for | ||||||
23 | care and training any child
who has been adjudicated addicted, | ||||||
24 | as a truant minor in need of
supervision or as a minor | ||||||
25 | requiring authoritative intervention, under the
Juvenile Court | ||||||
26 | Act or the Juvenile Court Act of 1987, but no such child
shall |
| |||||||
| |||||||
1 | be committed to the Department by any court without the | ||||||
2 | approval of
the Department. On and after January 1, 2015 ( the | ||||||
3 | effective date of Public Act 98-803) this amendatory Act of the | ||||||
4 | 98th General Assembly and before January 1, 2017, a minor | ||||||
5 | charged with a criminal offense under the Criminal
Code of 1961 | ||||||
6 | or the Criminal Code of 2012 or adjudicated delinquent shall | ||||||
7 | not be placed in the custody of or
committed to the Department | ||||||
8 | by any court, except (i) a minor less than 16 years
of age | ||||||
9 | committed to the Department under Section 5-710 of the Juvenile | ||||||
10 | Court
Act
of 1987, (ii) a minor for whom an independent basis | ||||||
11 | of abuse, neglect, or dependency exists, which must be defined | ||||||
12 | by departmental rule, or (iii) a minor for whom the court has | ||||||
13 | granted a supplemental petition to reinstate wardship pursuant | ||||||
14 | to subsection (2) of Section 2-33 of the Juvenile Court Act of | ||||||
15 | 1987. On and after January 1, 2017, a minor charged with a | ||||||
16 | criminal offense under the Criminal
Code of 1961 or the | ||||||
17 | Criminal Code of 2012 or adjudicated delinquent shall not be | ||||||
18 | placed in the custody of or
committed to the Department by any | ||||||
19 | court, except (i) a minor less than 15 years
of age committed | ||||||
20 | to the Department under Section 5-710 of the Juvenile Court
Act
| ||||||
21 | of 1987, ii) a minor for whom an independent basis of abuse, | ||||||
22 | neglect, or dependency exists, which must be defined by | ||||||
23 | departmental rule, or (iii) a minor for whom the court has | ||||||
24 | granted a supplemental petition to reinstate wardship pursuant | ||||||
25 | to subsection (2) of Section 2-33 of the Juvenile Court Act of | ||||||
26 | 1987. An independent basis exists when the allegations or |
| |||||||
| |||||||
1 | adjudication of abuse, neglect, or dependency do not arise from | ||||||
2 | the same facts, incident, or circumstances which give rise to a | ||||||
3 | charge or adjudication of delinquency. The Department shall
| ||||||
4 | assign a caseworker to attend any hearing involving a youth in
| ||||||
5 | the care and custody of the Department who is placed on | ||||||
6 | aftercare release, including hearings
involving sanctions for | ||||||
7 | violation of aftercare release
conditions and aftercare | ||||||
8 | release revocation hearings.
| ||||||
9 | As soon as is possible after August 7, 2009 (the effective | ||||||
10 | date of Public Act 96-134), the Department shall develop and | ||||||
11 | implement a special program of family preservation services to | ||||||
12 | support intact, foster, and adoptive families who are | ||||||
13 | experiencing extreme hardships due to the difficulty and stress | ||||||
14 | of caring for a child who has been diagnosed with a pervasive | ||||||
15 | developmental disorder if the Department determines that those | ||||||
16 | services are necessary to ensure the health and safety of the | ||||||
17 | child. The Department may offer services to any family whether | ||||||
18 | or not a report has been filed under the Abused and Neglected | ||||||
19 | Child Reporting Act. The Department may refer the child or | ||||||
20 | family to services available from other agencies in the | ||||||
21 | community if the conditions in the child's or family's home are | ||||||
22 | reasonably likely to subject the child or family to future | ||||||
23 | reports of suspected child abuse or neglect. Acceptance of | ||||||
24 | these services shall be voluntary. The Department shall develop | ||||||
25 | and implement a public information campaign to alert health and | ||||||
26 | social service providers and the general public about these |
| |||||||
| |||||||
1 | special family preservation services. The nature and scope of | ||||||
2 | the services offered and the number of families served under | ||||||
3 | the special program implemented under this paragraph shall be | ||||||
4 | determined by the level of funding that the Department annually | ||||||
5 | allocates for this purpose. The term "pervasive developmental | ||||||
6 | disorder" under this paragraph means a neurological condition, | ||||||
7 | including but not limited to, Asperger's Syndrome and autism, | ||||||
8 | as defined in the most recent edition of the Diagnostic and | ||||||
9 | Statistical Manual of Mental Disorders of the American | ||||||
10 | Psychiatric Association. | ||||||
11 | (l-1) The legislature recognizes that the best interests of | ||||||
12 | the child
require that
the child be placed in the most | ||||||
13 | permanent living arrangement as soon as is
practically
| ||||||
14 | possible. To achieve this goal, the legislature directs the | ||||||
15 | Department of
Children and
Family Services to conduct | ||||||
16 | concurrent planning so that permanency may occur at
the
| ||||||
17 | earliest opportunity. Permanent living arrangements may | ||||||
18 | include prevention of
placement of a child outside the home of | ||||||
19 | the family when the child can be cared
for at
home without | ||||||
20 | endangering the child's health or safety; reunification with | ||||||
21 | the
family,
when safe and appropriate, if temporary placement | ||||||
22 | is necessary; or movement of
the child
toward the most | ||||||
23 | permanent living arrangement and permanent legal status.
| ||||||
24 | When determining reasonable efforts to be made with respect | ||||||
25 | to a child, as
described in this
subsection, and in making such | ||||||
26 | reasonable efforts, the child's health and
safety shall be the
|
| |||||||
| |||||||
1 | paramount concern.
| ||||||
2 | When a child is placed in foster care, the Department shall | ||||||
3 | ensure and
document that reasonable efforts were made to | ||||||
4 | prevent or eliminate the need to
remove the child from the | ||||||
5 | child's home. The Department must make
reasonable efforts to | ||||||
6 | reunify the family when temporary placement of the child
occurs
| ||||||
7 | unless otherwise required, pursuant to the Juvenile Court Act | ||||||
8 | of 1987.
At any time after the dispositional hearing where the | ||||||
9 | Department believes
that further reunification services would | ||||||
10 | be ineffective, it may request a
finding from the court that | ||||||
11 | reasonable efforts are no longer appropriate. The
Department is | ||||||
12 | not required to provide further reunification services after | ||||||
13 | such
a
finding.
| ||||||
14 | A decision to place a child in substitute care shall be | ||||||
15 | made with
considerations of the child's health, safety, and | ||||||
16 | best interests. At the
time of placement, consideration should | ||||||
17 | also be given so that if reunification
fails or is delayed, the | ||||||
18 | placement made is the best available placement to
provide | ||||||
19 | permanency for the child.
| ||||||
20 | The Department shall adopt rules addressing concurrent | ||||||
21 | planning for
reunification and permanency. The Department | ||||||
22 | shall consider the following
factors when determining | ||||||
23 | appropriateness of concurrent planning:
| ||||||
24 | (1) the likelihood of prompt reunification;
| ||||||
25 | (2) the past history of the family;
| ||||||
26 | (3) the barriers to reunification being addressed by |
| |||||||
| |||||||
1 | the family;
| ||||||
2 | (4) the level of cooperation of the family;
| ||||||
3 | (5) the foster parents' willingness to work with the | ||||||
4 | family to reunite;
| ||||||
5 | (6) the willingness and ability of the foster family to | ||||||
6 | provide an
adoptive
home or long-term placement;
| ||||||
7 | (7) the age of the child;
| ||||||
8 | (8) placement of siblings.
| ||||||
9 | (m) The Department may assume temporary custody of any | ||||||
10 | child if:
| ||||||
11 | (1) it has received a written consent to such temporary | ||||||
12 | custody
signed by the parents of the child or by the parent | ||||||
13 | having custody of the
child if the parents are not living | ||||||
14 | together or by the guardian or
custodian of the child if | ||||||
15 | the child is not in the custody of either
parent, or
| ||||||
16 | (2) the child is found in the State and neither a | ||||||
17 | parent,
guardian nor custodian of the child can be located.
| ||||||
18 | If the child is found in his or her residence without a parent, | ||||||
19 | guardian,
custodian or responsible caretaker, the Department | ||||||
20 | may, instead of removing
the child and assuming temporary | ||||||
21 | custody, place an authorized
representative of the Department | ||||||
22 | in that residence until such time as a
parent, guardian or | ||||||
23 | custodian enters the home and expresses a willingness
and | ||||||
24 | apparent ability to ensure the child's health and safety and | ||||||
25 | resume
permanent
charge of the child, or until a
relative | ||||||
26 | enters the home and is willing and able to ensure the child's |
| |||||||
| |||||||
1 | health
and
safety and assume charge of the
child until a | ||||||
2 | parent, guardian or custodian enters the home and expresses
| ||||||
3 | such willingness and ability to ensure the child's safety and | ||||||
4 | resume
permanent charge. After a caretaker has remained in the | ||||||
5 | home for a period not
to exceed 12 hours, the Department must | ||||||
6 | follow those procedures outlined in
Section 2-9, 3-11, 4-8, or | ||||||
7 | 5-415 of the Juvenile Court Act
of 1987.
| ||||||
8 | The Department shall have the authority, responsibilities | ||||||
9 | and duties that
a legal custodian of the child would have | ||||||
10 | pursuant to subsection (9) of
Section 1-3 of the Juvenile Court | ||||||
11 | Act of 1987. Whenever a child is taken
into temporary custody | ||||||
12 | pursuant to an investigation under the Abused and
Neglected | ||||||
13 | Child Reporting Act, or pursuant to a referral and acceptance
| ||||||
14 | under the Juvenile Court Act of 1987 of a minor in limited | ||||||
15 | custody, the
Department, during the period of temporary custody | ||||||
16 | and before the child
is brought before a judicial officer as | ||||||
17 | required by Section 2-9, 3-11,
4-8, or 5-415 of the Juvenile | ||||||
18 | Court Act of 1987, shall have
the authority, responsibilities | ||||||
19 | and duties that a legal custodian of the child
would have under | ||||||
20 | subsection (9) of Section 1-3 of the Juvenile Court Act of
| ||||||
21 | 1987.
| ||||||
22 | The Department shall ensure that any child taken into | ||||||
23 | custody
is scheduled for an appointment for a medical | ||||||
24 | examination.
| ||||||
25 | A parent, guardian or custodian of a child in the temporary | ||||||
26 | custody of the
Department who would have custody of the child |
| |||||||
| |||||||
1 | if he were not in the
temporary custody of the Department may | ||||||
2 | deliver to the Department a signed
request that the Department | ||||||
3 | surrender the temporary custody of the child.
The Department | ||||||
4 | may retain temporary custody of the child for 10 days after
the | ||||||
5 | receipt of the request, during which period the Department may | ||||||
6 | cause to
be filed a petition pursuant to the Juvenile Court Act | ||||||
7 | of 1987. If a
petition is so filed, the Department shall retain | ||||||
8 | temporary custody of the
child until the court orders | ||||||
9 | otherwise. If a petition is not filed within
the 10-day 10 day | ||||||
10 | period, the child shall be surrendered to the custody of the
| ||||||
11 | requesting parent, guardian or custodian not later than the | ||||||
12 | expiration of
the 10-day 10 day period, at which time the | ||||||
13 | authority and duties of the Department
with respect to the | ||||||
14 | temporary custody of the child shall terminate.
| ||||||
15 | (m-1) The Department may place children under 18 years of | ||||||
16 | age in a secure
child care facility licensed by the Department | ||||||
17 | that cares for children who are
in need of secure living | ||||||
18 | arrangements for their health, safety, and well-being
after a | ||||||
19 | determination is made by the facility director and the Director | ||||||
20 | or the
Director's designate prior to admission to the facility | ||||||
21 | subject to Section
2-27.1 of the Juvenile Court Act of 1987. | ||||||
22 | This subsection (m-1) does not apply
to a child who is subject | ||||||
23 | to placement in a correctional facility operated
pursuant to | ||||||
24 | Section 3-15-2 of the Unified Code of Corrections, unless the
| ||||||
25 | child is a youth in care who was placed in the care of the | ||||||
26 | Department before being
subject to placement in a correctional |
| |||||||
| |||||||
1 | facility and a court of competent
jurisdiction has ordered | ||||||
2 | placement of the child in a secure care facility.
| ||||||
3 | (n) The Department may place children under 18 years of age | ||||||
4 | in
licensed child care facilities when in the opinion of the | ||||||
5 | Department,
appropriate services aimed at family preservation | ||||||
6 | have been unsuccessful and
cannot ensure the child's health and | ||||||
7 | safety or are unavailable and such
placement would be for their | ||||||
8 | best interest. Payment
for board, clothing, care, training and | ||||||
9 | supervision of any child placed in
a licensed child care | ||||||
10 | facility may be made by the Department, by the
parents or | ||||||
11 | guardians of the estates of those children, or by both the
| ||||||
12 | Department and the parents or guardians, except that no | ||||||
13 | payments shall be
made by the Department for any child placed | ||||||
14 | in a licensed child care
facility for board, clothing, care, | ||||||
15 | training and supervision of such a
child that exceed the | ||||||
16 | average per capita cost of maintaining and of caring
for a | ||||||
17 | child in institutions for dependent or neglected children | ||||||
18 | operated by
the Department. However, such restriction on | ||||||
19 | payments does not apply in
cases where children require | ||||||
20 | specialized care and treatment for problems of
severe emotional | ||||||
21 | disturbance, physical disability, social adjustment, or
any | ||||||
22 | combination thereof and suitable facilities for the placement | ||||||
23 | of such
children are not available at payment rates within the | ||||||
24 | limitations set
forth in this Section. All reimbursements for | ||||||
25 | services delivered shall be
absolutely inalienable by | ||||||
26 | assignment, sale, attachment, garnishment or
otherwise.
|
| |||||||
| |||||||
1 | (n-1) The Department shall provide or authorize child | ||||||
2 | welfare services, aimed at assisting minors to achieve | ||||||
3 | sustainable self-sufficiency as independent adults, for any | ||||||
4 | minor eligible for the reinstatement of wardship pursuant to | ||||||
5 | subsection (2) of Section 2-33 of the Juvenile Court Act of | ||||||
6 | 1987, whether or not such reinstatement is sought or allowed, | ||||||
7 | provided that the minor consents to such services and has not | ||||||
8 | yet attained the age of 21. The Department shall have | ||||||
9 | responsibility for the development and delivery of services | ||||||
10 | under this Section. An eligible youth may access services under | ||||||
11 | this Section through the Department of Children and Family | ||||||
12 | Services or by referral from the Department of Human Services. | ||||||
13 | Youth participating in services under this Section shall | ||||||
14 | cooperate with the assigned case manager in developing an | ||||||
15 | agreement identifying the services to be provided and how the | ||||||
16 | youth will increase skills to achieve self-sufficiency. A | ||||||
17 | homeless shelter is not considered appropriate housing for any | ||||||
18 | youth receiving child welfare services under this Section. The | ||||||
19 | Department shall continue child welfare services under this | ||||||
20 | Section to any eligible minor until the minor becomes 21 years | ||||||
21 | of age, no longer consents to participate, or achieves | ||||||
22 | self-sufficiency as identified in the minor's service plan. The | ||||||
23 | Department of Children and Family Services shall create clear, | ||||||
24 | readable notice of the rights of former foster youth to child | ||||||
25 | welfare services under this Section and how such services may | ||||||
26 | be obtained. The Department of Children and Family Services and |
| |||||||
| |||||||
1 | the Department of Human Services shall disseminate this | ||||||
2 | information statewide. The Department shall adopt regulations | ||||||
3 | describing services intended to assist minors in achieving | ||||||
4 | sustainable self-sufficiency as independent adults. | ||||||
5 | (o) The Department shall establish an administrative | ||||||
6 | review and appeal
process for children and families who request | ||||||
7 | or receive child welfare
services from the Department. Youth in | ||||||
8 | care who are placed by private child welfare agencies, and | ||||||
9 | foster families with whom
those youth are placed, shall be | ||||||
10 | afforded the same procedural and appeal
rights as children and | ||||||
11 | families in the case of placement by the Department,
including | ||||||
12 | the right to an initial review of a private agency decision by
| ||||||
13 | that agency. The Department shall ensure that any private child | ||||||
14 | welfare
agency, which accepts youth in care for placement, | ||||||
15 | affords those
rights to children and foster families. The | ||||||
16 | Department shall accept for
administrative review and an appeal | ||||||
17 | hearing a complaint made by (i) a child
or foster family | ||||||
18 | concerning a decision following an initial review by a
private | ||||||
19 | child welfare agency or (ii) a prospective adoptive parent who | ||||||
20 | alleges
a violation of subsection (j-5) of this Section. An | ||||||
21 | appeal of a decision
concerning a change in the placement of a | ||||||
22 | child shall be conducted in an
expedited manner. A court | ||||||
23 | determination that a current foster home placement is necessary | ||||||
24 | and appropriate under Section 2-28 of the Juvenile Court Act of | ||||||
25 | 1987 does not constitute a judicial determination on the merits | ||||||
26 | of an administrative appeal, filed by a former foster parent, |
| |||||||
| |||||||
1 | involving a change of placement decision.
| ||||||
2 | (p) (Blank).
| ||||||
3 | (q) The Department may receive and use, in their entirety, | ||||||
4 | for the
benefit of children any gift, donation or bequest of | ||||||
5 | money or other
property which is received on behalf of such | ||||||
6 | children, or any financial
benefits to which such children are | ||||||
7 | or may become entitled while under
the jurisdiction or care of | ||||||
8 | the Department.
| ||||||
9 | The Department shall set up and administer no-cost, | ||||||
10 | interest-bearing accounts in appropriate financial | ||||||
11 | institutions
for children for whom the Department is legally | ||||||
12 | responsible and who have been
determined eligible for Veterans' | ||||||
13 | Benefits, Social Security benefits,
assistance allotments from | ||||||
14 | the armed forces, court ordered payments, parental
voluntary | ||||||
15 | payments, Supplemental Security Income, Railroad Retirement
| ||||||
16 | payments, Black Lung benefits, or other miscellaneous | ||||||
17 | payments. Interest
earned by each account shall be credited to | ||||||
18 | the account, unless
disbursed in accordance with this | ||||||
19 | subsection.
| ||||||
20 | In disbursing funds from children's accounts, the | ||||||
21 | Department
shall:
| ||||||
22 | (1) Establish standards in accordance with State and | ||||||
23 | federal laws for
disbursing money from children's | ||||||
24 | accounts. In all
circumstances,
the Department's | ||||||
25 | "Guardianship Administrator" or his or her designee must
| ||||||
26 | approve disbursements from children's accounts. The |
| |||||||
| |||||||
1 | Department
shall be responsible for keeping complete | ||||||
2 | records of all disbursements for each account for any | ||||||
3 | purpose.
| ||||||
4 | (2) Calculate on a monthly basis the amounts paid from | ||||||
5 | State funds for the
child's board and care, medical care | ||||||
6 | not covered under Medicaid, and social
services; and | ||||||
7 | utilize funds from the child's account, as
covered by | ||||||
8 | regulation, to reimburse those costs. Monthly, | ||||||
9 | disbursements from
all children's accounts, up to 1/12 of | ||||||
10 | $13,000,000, shall be
deposited by the Department into the | ||||||
11 | General Revenue Fund and the balance over
1/12 of | ||||||
12 | $13,000,000 into the DCFS Children's Services Fund.
| ||||||
13 | (3) Maintain any balance remaining after reimbursing | ||||||
14 | for the child's costs
of care, as specified in item (2). | ||||||
15 | The balance shall accumulate in accordance
with relevant | ||||||
16 | State and federal laws and shall be disbursed to the child | ||||||
17 | or his
or her guardian, or to the issuing agency.
| ||||||
18 | (r) The Department shall promulgate regulations | ||||||
19 | encouraging all adoption
agencies to voluntarily forward to the | ||||||
20 | Department or its agent names and
addresses of all persons who | ||||||
21 | have applied for and have been approved for
adoption of a | ||||||
22 | hard-to-place child or child with a disability and the names of | ||||||
23 | such
children who have not been placed for adoption. A list of | ||||||
24 | such names and
addresses shall be maintained by the Department | ||||||
25 | or its agent, and coded
lists which maintain the | ||||||
26 | confidentiality of the person seeking to adopt the
child and of |
| |||||||
| |||||||
1 | the child shall be made available, without charge, to every
| ||||||
2 | adoption agency in the State to assist the agencies in placing | ||||||
3 | such
children for adoption. The Department may delegate to an | ||||||
4 | agent its duty to
maintain and make available such lists. The | ||||||
5 | Department shall ensure that
such agent maintains the | ||||||
6 | confidentiality of the person seeking to adopt the
child and of | ||||||
7 | the child.
| ||||||
8 | (s) The Department of Children and Family Services may | ||||||
9 | establish and
implement a program to reimburse Department and | ||||||
10 | private child welfare
agency foster parents licensed by the | ||||||
11 | Department of Children and Family
Services for damages | ||||||
12 | sustained by the foster parents as a result of the
malicious or | ||||||
13 | negligent acts of foster children, as well as providing third
| ||||||
14 | party coverage for such foster parents with regard to actions | ||||||
15 | of foster
children to other individuals. Such coverage will be | ||||||
16 | secondary to the
foster parent liability insurance policy, if | ||||||
17 | applicable. The program shall
be funded through appropriations | ||||||
18 | from the General Revenue Fund,
specifically designated for such | ||||||
19 | purposes.
| ||||||
20 | (t) The Department shall perform home studies and | ||||||
21 | investigations and
shall exercise supervision over visitation | ||||||
22 | as ordered by a court pursuant
to the Illinois Marriage and | ||||||
23 | Dissolution of Marriage Act or the Adoption
Act only if:
| ||||||
24 | (1) an order entered by an Illinois court specifically
| ||||||
25 | directs the Department to perform such services; and
| ||||||
26 | (2) the court has ordered one or both of the parties to
|
| |||||||
| |||||||
1 | the proceeding to reimburse the Department for its | ||||||
2 | reasonable costs for
providing such services in accordance | ||||||
3 | with Department rules, or has
determined that neither party | ||||||
4 | is financially able to pay.
| ||||||
5 | The Department shall provide written notification to the | ||||||
6 | court of the
specific arrangements for supervised visitation | ||||||
7 | and projected monthly costs
within 60 days of the court order. | ||||||
8 | The Department shall send to the court
information related to | ||||||
9 | the costs incurred except in cases where the court
has | ||||||
10 | determined the parties are financially unable to pay. The court | ||||||
11 | may
order additional periodic reports as appropriate.
| ||||||
12 | (u) In addition to other information that must be provided, | ||||||
13 | whenever the Department places a child with a prospective | ||||||
14 | adoptive parent or parents or in a licensed foster home,
group | ||||||
15 | home, child care institution, or in a relative home, the | ||||||
16 | Department
shall provide to the prospective adoptive parent or | ||||||
17 | parents or other caretaker:
| ||||||
18 | (1) available detailed information concerning the | ||||||
19 | child's educational
and health history, copies of | ||||||
20 | immunization records (including insurance
and medical card | ||||||
21 | information), a history of the child's previous | ||||||
22 | placements,
if any, and reasons for placement changes | ||||||
23 | excluding any information that
identifies or reveals the | ||||||
24 | location of any previous caretaker;
| ||||||
25 | (2) a copy of the child's portion of the client service | ||||||
26 | plan, including
any visitation arrangement, and all |
| |||||||
| |||||||
1 | amendments or revisions to it as
related to the child; and
| ||||||
2 | (3) information containing details of the child's | ||||||
3 | individualized
educational plan when the child is | ||||||
4 | receiving special education services.
| ||||||
5 | The caretaker shall be informed of any known social or | ||||||
6 | behavioral
information (including, but not limited to, | ||||||
7 | criminal background, fire
setting, perpetuation of
sexual | ||||||
8 | abuse, destructive behavior, and substance abuse) necessary to | ||||||
9 | care
for and safeguard the children to be placed or currently | ||||||
10 | in the home. The Department may prepare a written summary of | ||||||
11 | the information required by this paragraph, which may be | ||||||
12 | provided to the foster or prospective adoptive parent in | ||||||
13 | advance of a placement. The foster or prospective adoptive | ||||||
14 | parent may review the supporting documents in the child's file | ||||||
15 | in the presence of casework staff. In the case of an emergency | ||||||
16 | placement, casework staff shall at least provide known | ||||||
17 | information verbally, if necessary, and must subsequently | ||||||
18 | provide the information in writing as required by this | ||||||
19 | subsection.
| ||||||
20 | The information described in this subsection shall be | ||||||
21 | provided in writing. In the case of emergency placements when | ||||||
22 | time does not allow prior review, preparation, and collection | ||||||
23 | of written information, the Department shall provide such | ||||||
24 | information as it becomes available. Within 10 business days | ||||||
25 | after placement, the Department shall obtain from the | ||||||
26 | prospective adoptive parent or parents or other caretaker a |
| |||||||
| |||||||
1 | signed verification of receipt of the information provided. | ||||||
2 | Within 10 business days after placement, the Department shall | ||||||
3 | provide to the child's guardian ad litem a copy of the | ||||||
4 | information provided to the prospective adoptive parent or | ||||||
5 | parents or other caretaker. The information provided to the | ||||||
6 | prospective adoptive parent or parents or other caretaker shall | ||||||
7 | be reviewed and approved regarding accuracy at the supervisory | ||||||
8 | level.
| ||||||
9 | (u-5) Effective July 1, 1995, only foster care placements | ||||||
10 | licensed as
foster family homes pursuant to the Child Care Act | ||||||
11 | of 1969 shall be eligible to
receive foster care payments from | ||||||
12 | the Department.
Relative caregivers who, as of July 1, 1995, | ||||||
13 | were approved pursuant to approved
relative placement rules | ||||||
14 | previously promulgated by the Department at 89 Ill.
Adm. Code | ||||||
15 | 335 and had submitted an application for licensure as a foster | ||||||
16 | family
home may continue to receive foster care payments only | ||||||
17 | until the Department
determines that they may be licensed as a | ||||||
18 | foster family home or that their
application for licensure is | ||||||
19 | denied or until September 30, 1995, whichever
occurs first.
| ||||||
20 | (v) The Department shall access criminal history record | ||||||
21 | information
as defined in the Illinois Uniform Conviction | ||||||
22 | Information Act and information
maintained in the adjudicatory | ||||||
23 | and dispositional record system as defined in
Section 2605-355 | ||||||
24 | of the
Department of State Police Law (20 ILCS 2605/2605-355)
| ||||||
25 | if the Department determines the information is necessary to | ||||||
26 | perform its duties
under the Abused and Neglected Child |
| |||||||
| |||||||
1 | Reporting Act, the Child Care Act of 1969,
and the Children and | ||||||
2 | Family Services Act. The Department shall provide for
| ||||||
3 | interactive computerized communication and processing | ||||||
4 | equipment that permits
direct on-line communication with the | ||||||
5 | Department of State Police's central
criminal history data | ||||||
6 | repository. The Department shall comply with all
certification | ||||||
7 | requirements and provide certified operators who have been
| ||||||
8 | trained by personnel from the Department of State Police. In | ||||||
9 | addition, one
Office of the Inspector General investigator | ||||||
10 | shall have training in the use of
the criminal history | ||||||
11 | information access system and have
access to the terminal. The | ||||||
12 | Department of Children and Family Services and its
employees | ||||||
13 | shall abide by rules and regulations established by the | ||||||
14 | Department of
State Police relating to the access and | ||||||
15 | dissemination of
this information.
| ||||||
16 | (v-1) Prior to final approval for placement of a child, the | ||||||
17 | Department shall conduct a criminal records background check of | ||||||
18 | the prospective foster or adoptive parent, including | ||||||
19 | fingerprint-based checks of national crime information | ||||||
20 | databases. Final approval for placement shall not be granted if | ||||||
21 | the record check reveals a felony conviction for child abuse or | ||||||
22 | neglect, for spousal abuse, for a crime against children, or | ||||||
23 | for a crime involving violence, including rape, sexual assault, | ||||||
24 | or homicide, but not including other physical assault or | ||||||
25 | battery, or if there is a felony conviction for physical | ||||||
26 | assault, battery, or a drug-related offense committed within |
| |||||||
| |||||||
1 | the past 5 years. | ||||||
2 | (v-2) Prior to final approval for placement of a child, the | ||||||
3 | Department shall check its child abuse and neglect registry for | ||||||
4 | information concerning prospective foster and adoptive | ||||||
5 | parents, and any adult living in the home. If any prospective | ||||||
6 | foster or adoptive parent or other adult living in the home has | ||||||
7 | resided in another state in the preceding 5 years, the | ||||||
8 | Department shall request a check of that other state's child | ||||||
9 | abuse and neglect registry.
| ||||||
10 | (w) Within 120 days of August 20, 1995 (the effective date | ||||||
11 | of Public Act
89-392), the Department shall prepare and submit | ||||||
12 | to the Governor and the
General Assembly, a written plan for | ||||||
13 | the development of in-state licensed
secure child care | ||||||
14 | facilities that care for children who are in need of secure
| ||||||
15 | living
arrangements for their health, safety, and well-being. | ||||||
16 | For purposes of this
subsection, secure care facility shall | ||||||
17 | mean a facility that is designed and
operated to ensure that | ||||||
18 | all entrances and exits from the facility, a building
or a | ||||||
19 | distinct part of the building, are under the exclusive control | ||||||
20 | of the
staff of the facility, whether or not the child has the | ||||||
21 | freedom of movement
within the perimeter of the facility, | ||||||
22 | building, or distinct part of the
building. The plan shall | ||||||
23 | include descriptions of the types of facilities that
are needed | ||||||
24 | in Illinois; the cost of developing these secure care | ||||||
25 | facilities;
the estimated number of placements; the potential | ||||||
26 | cost savings resulting from
the movement of children currently |
| |||||||
| |||||||
1 | out-of-state who are projected to be
returned to Illinois; the | ||||||
2 | necessary geographic distribution of these
facilities in | ||||||
3 | Illinois; and a proposed timetable for development of such
| ||||||
4 | facilities. | ||||||
5 | (x) The Department shall conduct annual credit history | ||||||
6 | checks to determine the financial history of children placed | ||||||
7 | under its guardianship pursuant to the Juvenile Court Act of | ||||||
8 | 1987. The Department shall conduct such credit checks starting | ||||||
9 | when a youth in care turns 12 years old and each year | ||||||
10 | thereafter for the duration of the guardianship as terminated | ||||||
11 | pursuant to the Juvenile Court Act of 1987. The Department | ||||||
12 | shall determine if financial exploitation of the child's | ||||||
13 | personal information has occurred. If financial exploitation | ||||||
14 | appears to have taken place or is presently ongoing, the | ||||||
15 | Department shall notify the proper law enforcement agency, the | ||||||
16 | proper State's Attorney, or the Attorney General. | ||||||
17 | (y) Beginning on July 22, 2010 ( the effective date of | ||||||
18 | Public Act 96-1189) this amendatory Act of the 96th General | ||||||
19 | Assembly , a child with a disability who receives residential | ||||||
20 | and educational services from the Department shall be eligible | ||||||
21 | to receive transition services in accordance with Article 14 of | ||||||
22 | the School Code from the age of 14.5 through age 21, inclusive, | ||||||
23 | notwithstanding the child's residential services arrangement. | ||||||
24 | For purposes of this subsection, "child with a disability" | ||||||
25 | means a child with a disability as defined by the federal | ||||||
26 | Individuals with Disabilities Education Improvement Act of |
| |||||||
| |||||||
1 | 2004. | ||||||
2 | (z) The Department shall access criminal history record | ||||||
3 | information as defined as "background information" in this | ||||||
4 | subsection and criminal history record information as defined | ||||||
5 | in the Illinois Uniform Conviction Information Act for each | ||||||
6 | Department employee or Department applicant. Each Department | ||||||
7 | employee or Department applicant shall submit his or her | ||||||
8 | fingerprints to the Department of State Police in the form and | ||||||
9 | manner prescribed by the Department of State Police. These | ||||||
10 | fingerprints shall be checked against the fingerprint records | ||||||
11 | now and hereafter filed in the Department of State Police and | ||||||
12 | the Federal Bureau of Investigation criminal history records | ||||||
13 | databases. The Department of State Police shall charge a fee | ||||||
14 | for conducting the criminal history record check, which shall | ||||||
15 | be deposited into the State Police Services Fund and shall not | ||||||
16 | exceed the actual cost of the record check. The Department of | ||||||
17 | State Police shall furnish, pursuant to positive | ||||||
18 | identification, all Illinois conviction information to the | ||||||
19 | Department of Children and Family Services. | ||||||
20 | For purposes of this subsection: | ||||||
21 | "Background information" means all of the following: | ||||||
22 | (i) Upon the request of the Department of Children and | ||||||
23 | Family Services, conviction information obtained from the | ||||||
24 | Department of State Police as a result of a | ||||||
25 | fingerprint-based criminal history records check of the | ||||||
26 | Illinois criminal history records database and the Federal |
| |||||||
| |||||||
1 | Bureau of Investigation criminal history records database | ||||||
2 | concerning a Department employee or Department applicant. | ||||||
3 | (ii) Information obtained by the Department of | ||||||
4 | Children and Family Services after performing a check of | ||||||
5 | the Department of State Police's Sex Offender Database, as | ||||||
6 | authorized by Section 120 of the Sex Offender Community | ||||||
7 | Notification Law, concerning a Department employee or | ||||||
8 | Department applicant. | ||||||
9 | (iii) Information obtained by the Department of | ||||||
10 | Children and Family Services after performing a check of | ||||||
11 | the Child Abuse and Neglect Tracking System (CANTS) | ||||||
12 | operated and maintained by the Department. | ||||||
13 | "Department employee" means a full-time or temporary | ||||||
14 | employee coded or certified within the State of Illinois | ||||||
15 | Personnel System. | ||||||
16 | "Department applicant" means an individual who has | ||||||
17 | conditional Department full-time or part-time work, a | ||||||
18 | contractor, an individual used to replace or supplement staff, | ||||||
19 | an academic intern, a volunteer in Department offices or on | ||||||
20 | Department contracts, a work-study student, an individual or | ||||||
21 | entity licensed by the Department, or an unlicensed service | ||||||
22 | provider who works as a condition of a contract or an agreement | ||||||
23 | and whose work may bring the unlicensed service provider into | ||||||
24 | contact with Department clients or client records. | ||||||
25 | (Source: P.A. 99-143, eff. 7-27-15; 99-933, eff. 1-27-17; | ||||||
26 | 100-159, eff. 8-18-17; 100-522, eff. 9-22-17; revised |
| |||||||
| |||||||
1 | 1-22-18.)
| ||||||
2 | Section 13. The Department of Human Services Act is amended | ||||||
3 | by changing Sections 1-40, 10-15, and 10-66 as follows:
| ||||||
4 | (20 ILCS 1305/1-40) | ||||||
5 | Sec. 1-40. Substance Use Disorders Alcoholism and | ||||||
6 | Substance Abuse ; Mental Health; provider payments. For | ||||||
7 | authorized Medicaid services to enrolled individuals, Division | ||||||
8 | of Substance Use Prevention and Recovery Alcoholism and | ||||||
9 | Substance Abuse and Division of Mental Health providers shall | ||||||
10 | receive payment for such authorized services, with payment | ||||||
11 | occurring no later than in the next fiscal year.
| ||||||
12 | (Source: P.A. 96-1472, eff. 8-23-10.)
| ||||||
13 | (20 ILCS 1305/10-15)
| ||||||
14 | Sec. 10-15. Pregnant women with a substance use disorder. | ||||||
15 | Addicted pregnant women. The Department shall develop
| ||||||
16 | guidelines for use in non-hospital residential care facilities | ||||||
17 | for pregnant women who have a substance use disorder addicted
| ||||||
18 | pregnant women with respect to the care of those clients.
| ||||||
19 | The Department shall administer infant mortality and | ||||||
20 | prenatal
programs, through its provider agencies, to develop | ||||||
21 | special programs for
case finding and service coordination for | ||||||
22 | pregnant women who have a substance use disorder addicted | ||||||
23 | pregnant women .
|
| |||||||
| |||||||
1 | (Source: P.A. 89-507, eff. 7-1-97.)
| ||||||
2 | (20 ILCS 1305/10-66) | ||||||
3 | Sec. 10-66. Rate reductions. Rates for medical services | ||||||
4 | purchased by the Divisions of Substance Use Prevention and | ||||||
5 | Recovery, Alcoholism and Substance Abuse, Community Health and | ||||||
6 | Prevention, Developmental Disabilities, Mental Health, or | ||||||
7 | Rehabilitation Services within the Department of Human | ||||||
8 | Services shall not be reduced below the rates calculated on | ||||||
9 | April 1, 2011 unless the Department of Human Services | ||||||
10 | promulgates rules and rules are implemented authorizing rate | ||||||
11 | reductions.
| ||||||
12 | (Source: P.A. 99-78, eff. 7-20-15.)
| ||||||
13 | Section 14. The Regional Integrated Behavioral Health | ||||||
14 | Networks Act is amended by changing Sections 10, 15, 20, and 25 | ||||||
15 | as follows:
| ||||||
16 | (20 ILCS 1340/10)
| ||||||
17 | Sec. 10. Purpose. The purpose of this Act is to require the | ||||||
18 | Department of Human Services to facilitate the creation of | ||||||
19 | Regional Integrated Behavioral Health Networks (hereinafter | ||||||
20 | "Networks") for the purpose of ensuring and improving access to | ||||||
21 | appropriate mental health and substance abuse (hereinafter | ||||||
22 | "behavioral health") services throughout Illinois by providing | ||||||
23 | a platform for the organization of all relevant health, mental |
| |||||||
| |||||||
1 | health, substance use disorder substance abuse , and other | ||||||
2 | community entities, and by providing a mechanism to use and | ||||||
3 | channel financial and other resources efficiently and | ||||||
4 | effectively. Networks may be located in each of the Department | ||||||
5 | of Human Services geographic regions.
| ||||||
6 | (Source: P.A. 97-381, eff. 1-1-12.)
| ||||||
7 | (20 ILCS 1340/15)
| ||||||
8 | Sec. 15. Goals. Goals shall include, but not be limited to, | ||||||
9 | the following: enabling persons with mental and substance use | ||||||
10 | illnesses to access clinically appropriate, evidence-based | ||||||
11 | services, regardless of where they reside in the State and | ||||||
12 | particularly in rural areas; improving access to mental health | ||||||
13 | and substance use disorder substance abuse services throughout | ||||||
14 | Illinois, but especially in rural Illinois communities, by | ||||||
15 | fostering innovative financing and collaboration among a | ||||||
16 | variety of health, behavioral health, social service, and other | ||||||
17 | community entities and by supporting the development of | ||||||
18 | regional-specific planning and strategies; facilitating the | ||||||
19 | integration of behavioral health services with primary and | ||||||
20 | other medical services, advancing opportunities under federal | ||||||
21 | health reform initiatives; ensuring actual or | ||||||
22 | technologically-assisted access to the entire continuum of | ||||||
23 | integrated care, including the provision of services in the | ||||||
24 | areas of prevention, consumer or patient assessment and | ||||||
25 | diagnosis, psychiatric care, case coordination, crisis and |
| |||||||
| |||||||
1 | emergency care, acute inpatient and outpatient treatment in | ||||||
2 | private hospitals and from other community providers, support | ||||||
3 | services, and community residential settings; identifying | ||||||
4 | funding for persons who do not have insurance and do not | ||||||
5 | qualify for State and federal healthcare payment programs such | ||||||
6 | as Medicaid or Medicare; and improving access to transportation | ||||||
7 | in rural areas.
| ||||||
8 | (Source: P.A. 97-381, eff. 1-1-12.)
| ||||||
9 | (20 ILCS 1340/20) | ||||||
10 | Sec. 20. Steering Committee and Networks. | ||||||
11 | (a) To achieve these goals, the Department of Human | ||||||
12 | Services shall convene a Regional Integrated Behavioral Health | ||||||
13 | Networks Steering Committee (hereinafter "Steering Committee") | ||||||
14 | comprised of State agencies involved in the provision, | ||||||
15 | regulation, or financing of health, mental health, substance | ||||||
16 | use disorder substance abuse , rehabilitation, and other | ||||||
17 | services. These include, but shall not be limited to, the | ||||||
18 | following agencies: | ||||||
19 | (1) The Department of Healthcare and Family Services. | ||||||
20 | (2) The Department of Human Services and its Divisions | ||||||
21 | of Mental Illness and Substance Use Prevention and | ||||||
22 | Recovery. Alcoholism and Substance Abuse Services. | ||||||
23 | (3) The Department of Public Health, including its | ||||||
24 | Center for Rural Health. | ||||||
25 | The Steering Committee shall include a representative from |
| |||||||
| |||||||
1 | each Network. The agencies of the Steering Committee are | ||||||
2 | directed to work collaboratively to provide consultation, | ||||||
3 | advice, and leadership to the Networks in facilitating | ||||||
4 | communication within and across multiple agencies and in | ||||||
5 | removing regulatory barriers that may prevent Networks from | ||||||
6 | accomplishing the goals. The Steering Committee collectively | ||||||
7 | or through one of its member Agencies shall also provide | ||||||
8 | technical assistance to the Networks. | ||||||
9 | (b) There also shall be convened Networks in each of the | ||||||
10 | Department of Human Services' regions comprised of | ||||||
11 | representatives of community stakeholders represented in the | ||||||
12 | Network, including when available, but not limited to, relevant | ||||||
13 | trade and professional associations representing hospitals, | ||||||
14 | community providers, public health care, hospice care, long | ||||||
15 | term care, law enforcement, emergency medical service, | ||||||
16 | physicians, advanced practice registered nurses, and physician | ||||||
17 | assistants trained in psychiatry; an organization that | ||||||
18 | advocates on behalf of federally qualified health centers, an | ||||||
19 | organization that advocates on behalf of persons suffering with | ||||||
20 | mental illness and substance use substance abuse disorders, an | ||||||
21 | organization that advocates on behalf of persons with | ||||||
22 | disabilities, an organization that advocates on behalf of | ||||||
23 | persons who live in rural areas, an organization that advocates | ||||||
24 | on behalf of persons who live in medically underserved areas; | ||||||
25 | and others designated by the Steering Committee or the | ||||||
26 | Networks. A member from each Network may choose a |
| |||||||
| |||||||
1 | representative who may serve on the Steering Committee.
| ||||||
2 | (Source: P.A. 99-581, eff. 1-1-17; 100-513, eff. 1-1-18 .)
| ||||||
3 | (20 ILCS 1340/25)
| ||||||
4 | Sec. 25. Development of Network Plans. Each Network shall | ||||||
5 | develop a plan for its respective region that addresses the | ||||||
6 | following: | ||||||
7 | (a) Inventory of all mental health and substance use | ||||||
8 | disorder substance abuse treatment services, primary health | ||||||
9 | care facilities and services, private hospitals, | ||||||
10 | State-operated psychiatric hospitals, long term care | ||||||
11 | facilities, social services, transportation services, and any | ||||||
12 | services available to serve persons with mental and substance | ||||||
13 | use illnesses. | ||||||
14 | (b) Identification of unmet community needs, including, | ||||||
15 | but not limited to, the following: | ||||||
16 | (1) Waiting lists in community mental health and | ||||||
17 | substance use disorder substance abuse services. | ||||||
18 | (2) Hospital emergency department use by persons with | ||||||
19 | mental and substance use illnesses, including volume, | ||||||
20 | length of stay, and challenges associated with obtaining | ||||||
21 | psychiatric assessment. | ||||||
22 | (3) Difficulty obtaining admission to inpatient | ||||||
23 | facilities, and reasons therefore. | ||||||
24 | (4) Availability of primary care providers in the | ||||||
25 | community, including Federally Qualified Health Centers |
| |||||||
| |||||||
1 | and Rural Health Centers. | ||||||
2 | (5) Availability of psychiatrists and mental health | ||||||
3 | professionals. | ||||||
4 | (6) Transportation issues. | ||||||
5 | (7) Other. | ||||||
6 | (c) Identification of opportunities to improve access to | ||||||
7 | mental and substance use disorder substance abuse services | ||||||
8 | through the integration of specialty behavioral health | ||||||
9 | services with primary care, including, but not limited to, the | ||||||
10 | following: | ||||||
11 | (1) Availability of Federally Qualified Health Centers | ||||||
12 | in community with mental health staff. | ||||||
13 | (2) Development of accountable care organizations or | ||||||
14 | other primary care entities. | ||||||
15 | (3) Availability of acute care hospitals with | ||||||
16 | specialized psychiatric capacity. | ||||||
17 | (4) Community providers with an interest in | ||||||
18 | collaborating with acute care providers. | ||||||
19 | (d) Development of a plan to address community needs, | ||||||
20 | including a specific timeline for implementation of specific | ||||||
21 | objectives and establishment of evaluation measures. The | ||||||
22 | comprehensive plan should include the complete continuum of | ||||||
23 | behavioral health services, including, but not limited to, the | ||||||
24 | following: | ||||||
25 | (1) Prevention. | ||||||
26 | (2) Client assessment and diagnosis. |
| |||||||
| |||||||
1 | (3) An array of outpatient behavioral health services. | ||||||
2 | (4) Case coordination. | ||||||
3 | (5) Crisis and emergency services. | ||||||
4 | (6) Treatment, including inpatient psychiatric | ||||||
5 | services in public and private hospitals. | ||||||
6 | (7) Long term care facilities. | ||||||
7 | (8) Community residential alternatives to | ||||||
8 | institutional settings. | ||||||
9 | (9) Primary care services.
| ||||||
10 | (Source: P.A. 97-381, eff. 1-1-12.)
| ||||||
11 | Section 15. The Mental Health and Developmental | ||||||
12 | Disabilities Administrative Act is amended by changing | ||||||
13 | Sections 10 and 18.6 as follows:
| ||||||
14 | (20 ILCS 1705/10) (from Ch. 91 1/2, par. 100-10)
| ||||||
15 | Sec. 10. To examine persons admitted to facilities of the | ||||||
16 | Department
for treatment of mental illness or developmental | ||||||
17 | disability to determine
if the person has a substance use | ||||||
18 | disorder as defined in the Substance Use Disorder Act | ||||||
19 | alcoholism, drug addiction or other substance abuse . Based on | ||||||
20 | such
examination,
the Department shall provide necessary | ||||||
21 | medical, education and rehabilitation
services, and shall | ||||||
22 | arrange for further assessment and
referral of such persons to | ||||||
23 | appropriate treatment services for persons with substance use
| ||||||
24 | disorders alcoholism or substance abuse services . Referral of |
| |||||||
| |||||||
1 | such persons by the Department to appropriate treatment | ||||||
2 | services for persons with substance use disorders alcoholism or | ||||||
3 | substance abuse services shall be made to providers who are | ||||||
4 | able to accept the persons and perform a further assessment | ||||||
5 | within a clinically appropriate time. This Section does not | ||||||
6 | require that the Department maintain an individual in a | ||||||
7 | Department facility who is otherwise eligible for discharge as | ||||||
8 | provided in the Mental Health and Developmental Disabilities | ||||||
9 | Code.
| ||||||
10 | The Department shall not deny treatment and care to any | ||||||
11 | person subject
to admission to a facility under its control for | ||||||
12 | treatment for a mental illness
or developmental disability | ||||||
13 | solely on the basis of their substance use disorders. | ||||||
14 | alcoholism, drug
addiction or abuse of other substances.
| ||||||
15 | (Source: P.A. 95-281, eff. 1-1-08.)
| ||||||
16 | (20 ILCS 1705/18.6) | ||||||
17 | (Section scheduled to be repealed on December 31, 2019) | ||||||
18 | Sec. 18.6. Mental Health Services Strategic Planning Task | ||||||
19 | Force. | ||||||
20 | (a) Task Force. The Mental Health Services Strategic | ||||||
21 | Planning Task Force is created. | ||||||
22 | (b) Meeting. The Task Force shall be appointed and hold its | ||||||
23 | first meeting within 90 days after the effective date of this | ||||||
24 | amendatory Act of the 97th General Assembly. | ||||||
25 | (c) Composition. The Task Force shall be comprised of the |
| |||||||
| |||||||
1 | following members: | ||||||
2 | (1) Two members of the Senate appointed by the | ||||||
3 | President of the Senate and 2 members of the Senate | ||||||
4 | appointed by the Minority Leader of the Senate. | ||||||
5 | (2) Two members of the House of Representatives | ||||||
6 | appointed by the Speaker of the House of Representatives | ||||||
7 | and 2 members of the House of Representatives appointed by | ||||||
8 | the Minority Leader of the House of Representatives. | ||||||
9 | (3) One representative of the Division of Mental Health | ||||||
10 | within the Department of Human Services. | ||||||
11 | (4) One representative of the Department of Healthcare | ||||||
12 | and Family Services. | ||||||
13 | (5) One representative of the Bureau of Long Term Care | ||||||
14 | within the Department of Public Health. | ||||||
15 | (6) One representative of the Illinois Children's | ||||||
16 | Mental Health Partnership. | ||||||
17 | (7) Six representatives of the mental health providers | ||||||
18 | and community stakeholders selected from names submitted | ||||||
19 | by associates representing the various types of providers. | ||||||
20 | (8) Three representatives of the consumer community | ||||||
21 | including a primary consumer, secondary consumer, and a | ||||||
22 | representative of a mental health consumer advocacy | ||||||
23 | organization. | ||||||
24 | (9) An individual from a union representing State | ||||||
25 | employees providing services to persons with mental | ||||||
26 | illness. |
| |||||||
| |||||||
1 | (10) One academic specialist in mental health | ||||||
2 | outcomes, research, and evidence-based practices. | ||||||
3 | (d) Duty. The Task Force shall meet with the Office of the | ||||||
4 | Governor and the appropriate legislative committees on mental | ||||||
5 | health to develop a 5-year comprehensive strategic plan for the | ||||||
6 | State's mental health services. The plan shall address the | ||||||
7 | following topics: | ||||||
8 | (1) Provide sufficient home and community-based | ||||||
9 | services to give consumers real options in care settings. | ||||||
10 | (2) Improve access to care. | ||||||
11 | (3) Reduce regulatory redundancy. | ||||||
12 | (4) Maintain financial viability for providers in a | ||||||
13 | cost-effective manner to the State. | ||||||
14 | (5) Ensure care is effective, efficient, and | ||||||
15 | appropriate regardless of the setting in which it is | ||||||
16 | provided. | ||||||
17 | (6) Ensure quality of care in all care settings via the | ||||||
18 | use of appropriate clinical outcomes. | ||||||
19 | (7) Ensure hospitalizations and institutional care, | ||||||
20 | when necessary, is available to meet demand now and in the | ||||||
21 | future. | ||||||
22 | (e) The Task Force shall work in conjunction with the | ||||||
23 | Department of Human Services' Division of Developmental | ||||||
24 | Disabilities to ensure effective treatment for those dually | ||||||
25 | diagnosed with both mental illness and developmental | ||||||
26 | disabilities. The Task Force shall also work in conjunction |
| |||||||
| |||||||
1 | with the Department of Human Services' Division of Substance | ||||||
2 | Use Prevention and Recovery Alcoholism and Substance Abuse to | ||||||
3 | ensure effective treatment for those who are dually diagnosed | ||||||
4 | with both mental illness as well as substance abuse challenges. | ||||||
5 | (f) Compensation. Members of the Task Force shall not | ||||||
6 | receive compensation nor reimbursement for necessary expenses | ||||||
7 | incurred in performing the duties associated with the Task | ||||||
8 | Force. | ||||||
9 | (g) Reporting. The Task Force shall present its plan to the | ||||||
10 | Governor and the General Assembly no later than 18 months after | ||||||
11 | the effective date of the amendatory Act of the 97th General | ||||||
12 | Assembly. With its approval and authorization, and subject to | ||||||
13 | appropriation, the Task Force shall convene quarterly meetings | ||||||
14 | during the implementation of the 5-year strategic plan to | ||||||
15 | monitor progress, review outcomes, and make ongoing | ||||||
16 | recommendations. These ongoing recommendations shall be | ||||||
17 | presented to the Governor and the General Assembly for | ||||||
18 | feedback, suggestions, support, and approval. Within one year | ||||||
19 | after recommendations are presented to the Governor and the | ||||||
20 | General Assembly, the General Assembly shall vote on whether | ||||||
21 | the recommendations should become law. | ||||||
22 | (h) Administrative support. The Department of Human | ||||||
23 | Services shall provide administrative and staff support to the | ||||||
24 | Task Force. | ||||||
25 | (i) This Section is repealed on December 31, 2019.
| ||||||
26 | (Source: P.A. 99-78, eff. 7-20-15.)
|
| |||||||
| |||||||
1 | Section 16. The Civil Administrative Code of Illinois is | ||||||
2 | amended by changing Sections 2605-54 and 2605-97 as follows:
| ||||||
3 | (20 ILCS 2605/2605-54) | ||||||
4 | (This Section may contain text from a Public Act with a | ||||||
5 | delayed effective date ) | ||||||
6 | Sec. 2605-54. Training policy; persons arrested while | ||||||
7 | under the influence of alcohol or drugs. The Department shall | ||||||
8 | adopt a policy and provide training to State Police officers | ||||||
9 | concerning response and care for persons under the influence of | ||||||
10 | alcohol or drugs. The policy shall be consistent with the | ||||||
11 | Substance Use Disorder Act Alcoholism and Other Drug Abuse and | ||||||
12 | Dependency Act and shall provide guidance for the arrest of | ||||||
13 | persons under the influence of alcohol or drugs, proper medical | ||||||
14 | attention if warranted, and care and release of those persons | ||||||
15 | from custody. The policy shall provide guidance concerning the | ||||||
16 | release of persons arrested under the influence of alcohol or | ||||||
17 | drugs who are under the age of 21 years of age which shall | ||||||
18 | include, but not be limited to, language requiring the | ||||||
19 | arresting officer to make a reasonable attempt to contact a | ||||||
20 | responsible adult who is willing to take custody of the person | ||||||
21 | who is under the influence of alcohol or drugs.
| ||||||
22 | (Source: P.A. 100-537, eff. 6-1-18.)
| ||||||
23 | (20 ILCS 2605/2605-97) |
| |||||||
| |||||||
1 | Sec. 2605-97. Training; opioid antagonists. The Department | ||||||
2 | shall conduct or approve a training program for State police | ||||||
3 | officers in the administration of opioid antagonists as defined | ||||||
4 | in paragraph (1) of subsection (e) of Section 5-23 of the | ||||||
5 | Substance Use Disorder Act Alcoholism and Other Drug Abuse and | ||||||
6 | Dependency Act that is in accordance with that Section. As used | ||||||
7 | in this Section 2605-97, the term "State police officers" | ||||||
8 | includes full-time or part-time State troopers, police | ||||||
9 | officers, investigators, or any other employee of the | ||||||
10 | Department exercising the powers of a peace officer.
| ||||||
11 | (Source: P.A. 99-480, eff. 9-9-15.)
| ||||||
12 | Section 20. The Criminal Identification Act is amended by | ||||||
13 | changing Sections 2.1 and 5.2 as follows:
| ||||||
14 | (20 ILCS 2630/2.1) (from Ch. 38, par. 206-2.1)
| ||||||
15 | Sec. 2.1. For the purpose of maintaining complete and | ||||||
16 | accurate
criminal records of the Department of State Police, it | ||||||
17 | is necessary for all
policing bodies of this State, the clerk | ||||||
18 | of the circuit court, the Illinois
Department of Corrections, | ||||||
19 | the sheriff of each county, and State's Attorney
of each county | ||||||
20 | to submit certain criminal arrest, charge, and disposition
| ||||||
21 | information to the Department for filing at the earliest time | ||||||
22 | possible.
Unless otherwise noted herein, it shall be the duty | ||||||
23 | of all policing bodies
of this State, the clerk of the circuit | ||||||
24 | court, the Illinois Department of
Corrections, the sheriff of |
| |||||||
| |||||||
1 | each county, and the State's Attorney of each
county to report | ||||||
2 | such information as provided in this Section, both in the
form | ||||||
3 | and manner required by the Department and within 30 days of the
| ||||||
4 | criminal history event. Specifically:
| ||||||
5 | (a) Arrest Information. All agencies making arrests | ||||||
6 | for offenses which
are required by statute to be collected, | ||||||
7 | maintained or disseminated by the
Department of State | ||||||
8 | Police shall be responsible
for furnishing daily to the | ||||||
9 | Department fingerprints, charges and
descriptions of all | ||||||
10 | persons who are arrested for such offenses. All such
| ||||||
11 | agencies shall also notify the Department of all decisions | ||||||
12 | by the arresting
agency not to refer
such arrests for | ||||||
13 | prosecution. With approval of the Department, an agency
| ||||||
14 | making such arrests may enter into
arrangements with other | ||||||
15 | agencies for the purpose of furnishing daily such
| ||||||
16 | fingerprints, charges and descriptions to the Department | ||||||
17 | upon its behalf.
| ||||||
18 | (b) Charge Information. The State's Attorney of each | ||||||
19 | county shall notify
the Department of all charges filed and | ||||||
20 | all petitions filed alleging that a
minor is delinquent, | ||||||
21 | including all those added subsequent
to the filing of a | ||||||
22 | case, and whether charges were not filed
in cases for which | ||||||
23 | the Department has received information
required to be | ||||||
24 | reported pursuant to paragraph (a) of this Section.
With | ||||||
25 | approval of the Department, the State's Attorney may enter | ||||||
26 | into
arrangements with other agencies for the
purpose of |
| |||||||
| |||||||
1 | furnishing the information required by this subsection (b) | ||||||
2 | to the
Department upon the State's Attorney's behalf.
| ||||||
3 | (c) Disposition Information. The clerk of the circuit | ||||||
4 | court of each county
shall furnish the Department, in the | ||||||
5 | form and manner required by the Supreme
Court, with all | ||||||
6 | final dispositions of cases for which the Department
has | ||||||
7 | received information required to be reported pursuant to | ||||||
8 | paragraph (a)
or (d) of this Section. Such information | ||||||
9 | shall include, for each charge,
all (1) judgments of not | ||||||
10 | guilty, judgments of guilty including the sentence
| ||||||
11 | pronounced by the court with statutory citations to the | ||||||
12 | relevant sentencing provision,
findings that a minor is | ||||||
13 | delinquent
and any sentence made based on those findings,
| ||||||
14 | discharges and dismissals in the court; (2)
reviewing court | ||||||
15 | orders filed with the clerk of the circuit court which
| ||||||
16 | reverse or remand a reported conviction
or findings that a | ||||||
17 | minor is delinquent
or that vacate or modify a sentence
or | ||||||
18 | sentence made following a trial that a minor is
delinquent;
| ||||||
19 | (3)
continuances to a date certain in furtherance of an | ||||||
20 | order of supervision
granted under Section 5-6-1 of the | ||||||
21 | Unified Code of Corrections or an order
of probation | ||||||
22 | granted under Section 10 of the Cannabis Control Act, | ||||||
23 | Section
410 of the Illinois Controlled Substances Act, | ||||||
24 | Section 70 of the Methamphetamine Control and Community | ||||||
25 | Protection Act, Section 12-4.3 or subdivision (b)(1) of | ||||||
26 | Section 12-3.05 of the
Criminal Code of 1961 or the |
| |||||||
| |||||||
1 | Criminal Code of 2012, Section 10-102 of the Illinois | ||||||
2 | Alcoholism and
Other Drug Dependency Act, Section 40-10 of | ||||||
3 | the Substance Use Disorder Act, Alcoholism and Other Drug
| ||||||
4 | Abuse and Dependency Act, Section 10 of the Steroid Control | ||||||
5 | Act, or
Section 5-615 of the Juvenile Court Act of 1987; | ||||||
6 | and
(4) judgments or court orders terminating or revoking a | ||||||
7 | sentence
to or juvenile disposition of probation, | ||||||
8 | supervision or conditional
discharge and any resentencing
| ||||||
9 | or new court orders entered by a juvenile court relating to | ||||||
10 | the disposition
of a minor's case involving delinquency
| ||||||
11 | after such revocation.
| ||||||
12 | (d) Fingerprints After Sentencing.
| ||||||
13 | (1) After the court pronounces sentence,
sentences | ||||||
14 | a minor following a trial in which a minor was found to | ||||||
15 | be
delinquent
or issues an order of supervision or an | ||||||
16 | order of probation granted under
Section 10 of the | ||||||
17 | Cannabis Control Act, Section 410 of the Illinois
| ||||||
18 | Controlled Substances Act, Section 70 of the | ||||||
19 | Methamphetamine Control and Community Protection Act, | ||||||
20 | Section 12-4.3 or subdivision (b)(1) of Section | ||||||
21 | 12-3.05 of the Criminal Code of
1961 or the Criminal | ||||||
22 | Code of 2012, Section 10-102 of the Illinois Alcoholism | ||||||
23 | and Other Drug Dependency
Act, Section 40-10 of the | ||||||
24 | Substance Use Disorder Act, Alcoholism and Other Drug | ||||||
25 | Abuse and Dependency
Act, Section 10 of the Steroid | ||||||
26 | Control Act, or Section
5-615 of
the Juvenile Court Act |
| |||||||
| |||||||
1 | of 1987 for any offense which
is required by statute to | ||||||
2 | be collected,
maintained, or disseminated by the | ||||||
3 | Department of State Police, the State's
Attorney of | ||||||
4 | each county shall ask the court to order a law | ||||||
5 | enforcement
agency to fingerprint immediately all | ||||||
6 | persons appearing before the court
who have not | ||||||
7 | previously been fingerprinted for the same case. The | ||||||
8 | court
shall so order the requested fingerprinting, if | ||||||
9 | it determines that any such
person has not previously | ||||||
10 | been fingerprinted for the same case. The law
| ||||||
11 | enforcement agency shall submit such fingerprints to | ||||||
12 | the Department daily.
| ||||||
13 | (2) After the court pronounces sentence or makes a | ||||||
14 | disposition of a case
following a finding of | ||||||
15 | delinquency for any offense which is not
required by | ||||||
16 | statute to be collected, maintained, or disseminated | ||||||
17 | by the
Department of State Police, the prosecuting | ||||||
18 | attorney may ask the court to
order a law enforcement | ||||||
19 | agency to fingerprint immediately all persons
| ||||||
20 | appearing before the court who have not previously been | ||||||
21 | fingerprinted for
the same case. The court may so order | ||||||
22 | the requested fingerprinting, if it
determines that | ||||||
23 | any so sentenced person has not previously been
| ||||||
24 | fingerprinted for the same case. The law enforcement | ||||||
25 | agency may retain
such fingerprints in its files.
| ||||||
26 | (e) Corrections Information. The Illinois Department |
| |||||||
| |||||||
1 | of Corrections and
the sheriff of each county shall furnish | ||||||
2 | the Department with all information
concerning the | ||||||
3 | receipt, escape, execution, death, release, pardon, | ||||||
4 | parole,
commutation of sentence, granting of executive | ||||||
5 | clemency or discharge of
an individual who has been | ||||||
6 | sentenced or committed to the agency's custody
for any | ||||||
7 | offenses
which are mandated by statute to be collected, | ||||||
8 | maintained or disseminated
by the Department of State | ||||||
9 | Police. For an individual who has been charged
with any | ||||||
10 | such offense and who escapes from custody or dies while in
| ||||||
11 | custody, all information concerning the receipt and escape | ||||||
12 | or death,
whichever is appropriate, shall also be so | ||||||
13 | furnished to the Department.
| ||||||
14 | (Source: P.A. 100-3, eff. 1-1-18 .)
| ||||||
15 | (20 ILCS 2630/5.2)
| ||||||
16 | Sec. 5.2. Expungement, sealing , and immediate sealing. | ||||||
17 | (a) General Provisions. | ||||||
18 | (1) Definitions. In this Act, words and phrases have
| ||||||
19 | the meanings set forth in this subsection, except when a
| ||||||
20 | particular context clearly requires a different meaning. | ||||||
21 | (A) The following terms shall have the meanings | ||||||
22 | ascribed to them in the Unified Code of Corrections, | ||||||
23 | 730 ILCS 5/5-1-2 through 5/5-1-22: | ||||||
24 | (i) Business Offense (730 ILCS 5/5-1-2), | ||||||
25 | (ii) Charge (730 ILCS 5/5-1-3), |
| |||||||
| |||||||
1 | (iii) Court (730 ILCS 5/5-1-6), | ||||||
2 | (iv) Defendant (730 ILCS 5/5-1-7), | ||||||
3 | (v) Felony (730 ILCS 5/5-1-9), | ||||||
4 | (vi) Imprisonment (730 ILCS 5/5-1-10), | ||||||
5 | (vii) Judgment (730 ILCS 5/5-1-12), | ||||||
6 | (viii) Misdemeanor (730 ILCS 5/5-1-14), | ||||||
7 | (ix) Offense (730 ILCS 5/5-1-15), | ||||||
8 | (x) Parole (730 ILCS 5/5-1-16), | ||||||
9 | (xi) Petty Offense (730 ILCS 5/5-1-17), | ||||||
10 | (xii) Probation (730 ILCS 5/5-1-18), | ||||||
11 | (xiii) Sentence (730 ILCS 5/5-1-19), | ||||||
12 | (xiv) Supervision (730 ILCS 5/5-1-21), and | ||||||
13 | (xv) Victim (730 ILCS 5/5-1-22). | ||||||
14 | (B) As used in this Section, "charge not initiated | ||||||
15 | by arrest" means a charge (as defined by 730 ILCS | ||||||
16 | 5/5-1-3) brought against a defendant where the | ||||||
17 | defendant is not arrested prior to or as a direct | ||||||
18 | result of the charge. | ||||||
19 | (C) "Conviction" means a judgment of conviction or | ||||||
20 | sentence entered upon a plea of guilty or upon a | ||||||
21 | verdict or finding of guilty of an offense, rendered by | ||||||
22 | a legally constituted jury or by a court of competent | ||||||
23 | jurisdiction authorized to try the case without a jury. | ||||||
24 | An order of supervision successfully completed by the | ||||||
25 | petitioner is not a conviction. An order of qualified | ||||||
26 | probation (as defined in subsection (a)(1)(J)) |
| |||||||
| |||||||
1 | successfully completed by the petitioner is not a | ||||||
2 | conviction. An order of supervision or an order of | ||||||
3 | qualified probation that is terminated | ||||||
4 | unsatisfactorily is a conviction, unless the | ||||||
5 | unsatisfactory termination is reversed, vacated, or | ||||||
6 | modified and the judgment of conviction, if any, is | ||||||
7 | reversed or vacated. | ||||||
8 | (D) "Criminal offense" means a petty offense, | ||||||
9 | business offense, misdemeanor, felony, or municipal | ||||||
10 | ordinance violation (as defined in subsection | ||||||
11 | (a)(1)(H)). As used in this Section, a minor traffic | ||||||
12 | offense (as defined in subsection (a)(1)(G)) shall not | ||||||
13 | be considered a criminal offense. | ||||||
14 | (E) "Expunge" means to physically destroy the | ||||||
15 | records or return them to the petitioner and to | ||||||
16 | obliterate the petitioner's name from any official | ||||||
17 | index or public record, or both. Nothing in this Act | ||||||
18 | shall require the physical destruction of the circuit | ||||||
19 | court file, but such records relating to arrests or | ||||||
20 | charges, or both, ordered expunged shall be impounded | ||||||
21 | as required by subsections (d)(9)(A)(ii) and | ||||||
22 | (d)(9)(B)(ii). | ||||||
23 | (F) As used in this Section, "last sentence" means | ||||||
24 | the sentence, order of supervision, or order of | ||||||
25 | qualified probation (as defined by subsection | ||||||
26 | (a)(1)(J)), for a criminal offense (as defined by |
| |||||||
| |||||||
1 | subsection (a)(1)(D)) that terminates last in time in | ||||||
2 | any jurisdiction, regardless of whether the petitioner | ||||||
3 | has included the criminal offense for which the | ||||||
4 | sentence or order of supervision or qualified | ||||||
5 | probation was imposed in his or her petition. If | ||||||
6 | multiple sentences, orders of supervision, or orders | ||||||
7 | of qualified probation terminate on the same day and | ||||||
8 | are last in time, they shall be collectively considered | ||||||
9 | the "last sentence" regardless of whether they were | ||||||
10 | ordered to run concurrently. | ||||||
11 | (G) "Minor traffic offense" means a petty offense, | ||||||
12 | business offense, or Class C misdemeanor under the | ||||||
13 | Illinois Vehicle Code or a similar provision of a | ||||||
14 | municipal or local ordinance. | ||||||
15 | (H) "Municipal ordinance violation" means an | ||||||
16 | offense defined by a municipal or local ordinance that | ||||||
17 | is criminal in nature and with which the petitioner was | ||||||
18 | charged or for which the petitioner was arrested and | ||||||
19 | released without charging. | ||||||
20 | (I) "Petitioner" means an adult or a minor | ||||||
21 | prosecuted as an
adult who has applied for relief under | ||||||
22 | this Section. | ||||||
23 | (J) "Qualified probation" means an order of | ||||||
24 | probation under Section 10 of the Cannabis Control Act, | ||||||
25 | Section 410 of the Illinois Controlled Substances Act, | ||||||
26 | Section 70 of the Methamphetamine Control and |
| |||||||
| |||||||
1 | Community Protection Act, Section 5-6-3.3 or 5-6-3.4 | ||||||
2 | of the Unified Code of Corrections, Section | ||||||
3 | 12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as | ||||||
4 | those provisions existed before their deletion by | ||||||
5 | Public Act 89-313), Section 10-102 of the Illinois | ||||||
6 | Alcoholism and Other Drug Dependency Act, Section | ||||||
7 | 40-10 of the Substance Use Disorder Act Alcoholism and | ||||||
8 | Other Drug Abuse and Dependency Act , or Section 10 of | ||||||
9 | the Steroid Control Act. For the purpose of this | ||||||
10 | Section, "successful completion" of an order of | ||||||
11 | qualified probation under Section 10-102 of the | ||||||
12 | Illinois Alcoholism and Other Drug Dependency Act and | ||||||
13 | Section 40-10 of the Substance Use Disorder Act | ||||||
14 | Alcoholism and Other Drug Abuse and Dependency Act | ||||||
15 | means that the probation was terminated satisfactorily | ||||||
16 | and the judgment of conviction was vacated. | ||||||
17 | (K) "Seal" means to physically and electronically | ||||||
18 | maintain the records, unless the records would | ||||||
19 | otherwise be destroyed due to age, but to make the | ||||||
20 | records unavailable without a court order, subject to | ||||||
21 | the exceptions in Sections 12 and 13 of this Act. The | ||||||
22 | petitioner's name shall also be obliterated from the | ||||||
23 | official index required to be kept by the circuit court | ||||||
24 | clerk under Section 16 of the Clerks of Courts Act, but | ||||||
25 | any index issued by the circuit court clerk before the | ||||||
26 | entry of the order to seal shall not be affected. |
| |||||||
| |||||||
1 | (L) "Sexual offense committed against a minor" | ||||||
2 | includes but is
not limited to the offenses of indecent | ||||||
3 | solicitation of a child
or criminal sexual abuse when | ||||||
4 | the victim of such offense is
under 18 years of age. | ||||||
5 | (M) "Terminate" as it relates to a sentence or | ||||||
6 | order of supervision or qualified probation includes | ||||||
7 | either satisfactory or unsatisfactory termination of | ||||||
8 | the sentence, unless otherwise specified in this | ||||||
9 | Section. | ||||||
10 | (2) Minor Traffic Offenses.
Orders of supervision or | ||||||
11 | convictions for minor traffic offenses shall not affect a | ||||||
12 | petitioner's eligibility to expunge or seal records | ||||||
13 | pursuant to this Section. | ||||||
14 | (2.5) Commencing 180 days after July 29, 2016 (the | ||||||
15 | effective date of Public Act 99-697), the law enforcement | ||||||
16 | agency issuing the citation shall automatically expunge, | ||||||
17 | on or before January 1 and July 1 of each year, the law | ||||||
18 | enforcement records of a person found to have committed a | ||||||
19 | civil law violation of subsection (a) of Section 4 of the | ||||||
20 | Cannabis Control Act or subsection (c) of Section 3.5 of | ||||||
21 | the Drug Paraphernalia Control Act in the law enforcement | ||||||
22 | agency's possession or control and which contains the final | ||||||
23 | satisfactory disposition which pertain to the person | ||||||
24 | issued a citation for that offense.
The law enforcement | ||||||
25 | agency shall provide by rule the process for access, | ||||||
26 | review, and to confirm the automatic expungement by the law |
| |||||||
| |||||||
1 | enforcement agency issuing the citation.
Commencing 180 | ||||||
2 | days after July 29, 2016 (the effective date of Public Act | ||||||
3 | 99-697), the clerk of the circuit court shall expunge, upon | ||||||
4 | order of the court, or in the absence of a court order on | ||||||
5 | or before January 1 and July 1 of each year, the court | ||||||
6 | records of a person found in the circuit court to have | ||||||
7 | committed a civil law violation of subsection (a) of | ||||||
8 | Section 4 of the Cannabis Control Act or subsection (c) of | ||||||
9 | Section 3.5 of the Drug Paraphernalia Control Act in the | ||||||
10 | clerk's possession or control and which contains the final | ||||||
11 | satisfactory disposition which pertain to the person | ||||||
12 | issued a citation for any of those offenses. | ||||||
13 | (3) Exclusions. Except as otherwise provided in | ||||||
14 | subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6) | ||||||
15 | of this Section, the court shall not order: | ||||||
16 | (A) the sealing or expungement of the records of | ||||||
17 | arrests or charges not initiated by arrest that result | ||||||
18 | in an order of supervision for or conviction of:
(i) | ||||||
19 | any sexual offense committed against a
minor; (ii) | ||||||
20 | Section 11-501 of the Illinois Vehicle Code or a | ||||||
21 | similar provision of a local ordinance; or (iii) | ||||||
22 | Section 11-503 of the Illinois Vehicle Code or a | ||||||
23 | similar provision of a local ordinance, unless the | ||||||
24 | arrest or charge is for a misdemeanor violation of | ||||||
25 | subsection (a) of Section 11-503 or a similar provision | ||||||
26 | of a local ordinance, that occurred prior to the |
| |||||||
| |||||||
1 | offender reaching the age of 25 years and the offender | ||||||
2 | has no other conviction for violating Section 11-501 or | ||||||
3 | 11-503 of the Illinois Vehicle Code or a similar | ||||||
4 | provision of a local ordinance. | ||||||
5 | (B) the sealing or expungement of records of minor | ||||||
6 | traffic offenses (as defined in subsection (a)(1)(G)), | ||||||
7 | unless the petitioner was arrested and released | ||||||
8 | without charging. | ||||||
9 | (C) the sealing of the records of arrests or | ||||||
10 | charges not initiated by arrest which result in an | ||||||
11 | order of supervision or a conviction for the following | ||||||
12 | offenses: | ||||||
13 | (i) offenses included in Article 11 of the | ||||||
14 | Criminal Code of 1961 or the Criminal Code of 2012 | ||||||
15 | or a similar provision of a local ordinance, except | ||||||
16 | Section 11-14 and a misdemeanor violation of | ||||||
17 | Section 11-30 of the Criminal Code of 1961 or the | ||||||
18 | Criminal Code of 2012, or a similar provision of a | ||||||
19 | local ordinance; | ||||||
20 | (ii) Section 11-1.50, 12-3.4, 12-15, 12-30, | ||||||
21 | 26-5, or 48-1 of the Criminal Code of 1961 or the | ||||||
22 | Criminal Code of 2012, or a similar provision of a | ||||||
23 | local ordinance; | ||||||
24 | (iii) Sections 12-3.1 or 12-3.2 of the | ||||||
25 | Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
26 | or Section 125 of the Stalking No Contact Order |
| |||||||
| |||||||
1 | Act, or Section 219 of the Civil No Contact Order | ||||||
2 | Act, or a similar provision of a local ordinance; | ||||||
3 | (iv) Class A misdemeanors or felony offenses | ||||||
4 | under the Humane Care for Animals Act; or | ||||||
5 | (v) any offense or attempted offense that | ||||||
6 | would subject a person to registration under the | ||||||
7 | Sex Offender Registration Act. | ||||||
8 | (D) (blank). | ||||||
9 | (b) Expungement. | ||||||
10 | (1) A petitioner may petition the circuit court to | ||||||
11 | expunge the
records of his or her arrests and charges not | ||||||
12 | initiated by arrest when each arrest or charge not | ||||||
13 | initiated by arrest
sought to be expunged resulted in:
(i) | ||||||
14 | acquittal, dismissal, or the petitioner's release without | ||||||
15 | charging, unless excluded by subsection (a)(3)(B);
(ii) a | ||||||
16 | conviction which was vacated or reversed, unless excluded | ||||||
17 | by subsection (a)(3)(B);
(iii) an order of supervision and | ||||||
18 | such supervision was successfully completed by the | ||||||
19 | petitioner, unless excluded by subsection (a)(3)(A) or | ||||||
20 | (a)(3)(B); or
(iv) an order of qualified probation (as | ||||||
21 | defined in subsection (a)(1)(J)) and such probation was | ||||||
22 | successfully completed by the petitioner. | ||||||
23 | (1.5) When a petitioner seeks to have a record of | ||||||
24 | arrest expunged under this Section, and the offender has | ||||||
25 | been convicted of a criminal offense, the State's Attorney | ||||||
26 | may object to the expungement on the grounds that the |
| |||||||
| |||||||
1 | records contain specific relevant information aside from | ||||||
2 | the mere fact of the arrest. | ||||||
3 | (2) Time frame for filing a petition to expunge. | ||||||
4 | (A) When the arrest or charge not initiated by | ||||||
5 | arrest sought to be expunged resulted in an acquittal, | ||||||
6 | dismissal, the petitioner's release without charging, | ||||||
7 | or the reversal or vacation of a conviction, there is | ||||||
8 | no waiting period to petition for the expungement of | ||||||
9 | such records. | ||||||
10 | (B) When the arrest or charge not initiated by | ||||||
11 | arrest
sought to be expunged resulted in an order of | ||||||
12 | supervision, successfully
completed by the petitioner, | ||||||
13 | the following time frames will apply: | ||||||
14 | (i) Those arrests or charges that resulted in | ||||||
15 | orders of
supervision under Section 3-707, 3-708, | ||||||
16 | 3-710, or 5-401.3 of the Illinois Vehicle Code or a | ||||||
17 | similar provision of a local ordinance, or under | ||||||
18 | Section 11-1.50, 12-3.2, or 12-15 of the Criminal | ||||||
19 | Code of 1961 or the Criminal Code of 2012, or a | ||||||
20 | similar provision of a local ordinance, shall not | ||||||
21 | be eligible for expungement until 5 years have | ||||||
22 | passed following the satisfactory termination of | ||||||
23 | the supervision. | ||||||
24 | (i-5) Those arrests or charges that resulted | ||||||
25 | in orders of supervision for a misdemeanor | ||||||
26 | violation of subsection (a) of Section 11-503 of |
| |||||||
| |||||||
1 | the Illinois Vehicle Code or a similar provision of | ||||||
2 | a local ordinance, that occurred prior to the | ||||||
3 | offender reaching the age of 25 years and the | ||||||
4 | offender has no other conviction for violating | ||||||
5 | Section 11-501 or 11-503 of the Illinois Vehicle | ||||||
6 | Code or a similar provision of a local ordinance | ||||||
7 | shall not be eligible for expungement until the | ||||||
8 | petitioner has reached the age of 25 years. | ||||||
9 | (ii) Those arrests or charges that resulted in | ||||||
10 | orders
of supervision for any other offenses shall | ||||||
11 | not be
eligible for expungement until 2 years have | ||||||
12 | passed
following the satisfactory termination of | ||||||
13 | the supervision. | ||||||
14 | (C) When the arrest or charge not initiated by | ||||||
15 | arrest sought to
be expunged resulted in an order of | ||||||
16 | qualified probation, successfully
completed by the | ||||||
17 | petitioner, such records shall not be eligible for
| ||||||
18 | expungement until 5 years have passed following the | ||||||
19 | satisfactory
termination of the probation. | ||||||
20 | (3) Those records maintained by the Department for
| ||||||
21 | persons arrested prior to their 17th birthday shall be
| ||||||
22 | expunged as provided in Section 5-915 of the Juvenile Court
| ||||||
23 | Act of 1987. | ||||||
24 | (4) Whenever a person has been arrested for or | ||||||
25 | convicted of any
offense, in the name of a person whose | ||||||
26 | identity he or she has stolen or otherwise
come into |
| |||||||
| |||||||
1 | possession of, the aggrieved person from whom the identity
| ||||||
2 | was stolen or otherwise obtained without authorization,
| ||||||
3 | upon learning of the person having been arrested using his
| ||||||
4 | or her identity, may, upon verified petition to the chief | ||||||
5 | judge of
the circuit wherein the arrest was made, have a | ||||||
6 | court order
entered nunc pro tunc by the Chief Judge to | ||||||
7 | correct the
arrest record, conviction record, if any, and | ||||||
8 | all official
records of the arresting authority, the | ||||||
9 | Department, other
criminal justice agencies, the | ||||||
10 | prosecutor, and the trial
court concerning such arrest, if | ||||||
11 | any, by removing his or her name
from all such records in | ||||||
12 | connection with the arrest and
conviction, if any, and by | ||||||
13 | inserting in the records the
name of the offender, if known | ||||||
14 | or ascertainable, in lieu of
the aggrieved's name. The | ||||||
15 | records of the circuit court clerk shall be sealed until | ||||||
16 | further order of
the court upon good cause shown and the | ||||||
17 | name of the
aggrieved person obliterated on the official | ||||||
18 | index
required to be kept by the circuit court clerk under
| ||||||
19 | Section 16 of the Clerks of Courts Act, but the order shall
| ||||||
20 | not affect any index issued by the circuit court clerk
| ||||||
21 | before the entry of the order. Nothing in this Section
| ||||||
22 | shall limit the Department of State Police or other
| ||||||
23 | criminal justice agencies or prosecutors from listing
| ||||||
24 | under an offender's name the false names he or she has
| ||||||
25 | used. | ||||||
26 | (5) Whenever a person has been convicted of criminal
|
| |||||||
| |||||||
1 | sexual assault, aggravated criminal sexual assault,
| ||||||
2 | predatory criminal sexual assault of a child, criminal
| ||||||
3 | sexual abuse, or aggravated criminal sexual abuse, the
| ||||||
4 | victim of that offense may request that the State's
| ||||||
5 | Attorney of the county in which the conviction occurred
| ||||||
6 | file a verified petition with the presiding trial judge at
| ||||||
7 | the petitioner's trial to have a court order entered to | ||||||
8 | seal
the records of the circuit court clerk in connection
| ||||||
9 | with the proceedings of the trial court concerning that
| ||||||
10 | offense. However, the records of the arresting authority
| ||||||
11 | and the Department of State Police concerning the offense
| ||||||
12 | shall not be sealed. The court, upon good cause shown,
| ||||||
13 | shall make the records of the circuit court clerk in
| ||||||
14 | connection with the proceedings of the trial court
| ||||||
15 | concerning the offense available for public inspection. | ||||||
16 | (6) If a conviction has been set aside on direct review
| ||||||
17 | or on collateral attack and the court determines by clear
| ||||||
18 | and convincing evidence that the petitioner was factually
| ||||||
19 | innocent of the charge, the court that finds the petitioner | ||||||
20 | factually innocent of the charge shall enter an
expungement | ||||||
21 | order for the conviction for which the petitioner has been | ||||||
22 | determined to be innocent as provided in subsection (b) of | ||||||
23 | Section
5-5-4 of the Unified Code of Corrections. | ||||||
24 | (7) Nothing in this Section shall prevent the | ||||||
25 | Department of
State Police from maintaining all records of | ||||||
26 | any person who
is admitted to probation upon terms and |
| |||||||
| |||||||
1 | conditions and who
fulfills those terms and conditions | ||||||
2 | pursuant to Section 10
of the Cannabis Control Act, Section | ||||||
3 | 410 of the Illinois
Controlled Substances Act, Section 70 | ||||||
4 | of the
Methamphetamine Control and Community Protection | ||||||
5 | Act,
Section 5-6-3.3 or 5-6-3.4 of the Unified Code of | ||||||
6 | Corrections, Section 12-4.3 or subdivision (b)(1) of | ||||||
7 | Section 12-3.05 of the Criminal Code of 1961 or the | ||||||
8 | Criminal Code of 2012, Section 10-102
of the Illinois | ||||||
9 | Alcoholism and Other Drug Dependency Act,
Section 40-10 of | ||||||
10 | the Substance Use Disorder Act, Alcoholism and Other Drug | ||||||
11 | Abuse and
Dependency Act, or Section 10 of the Steroid | ||||||
12 | Control Act. | ||||||
13 | (8) If the petitioner has been granted a certificate of | ||||||
14 | innocence under Section 2-702 of the Code of Civil | ||||||
15 | Procedure, the court that grants the certificate of | ||||||
16 | innocence shall also enter an order expunging the | ||||||
17 | conviction for which the petitioner has been determined to | ||||||
18 | be innocent as provided in subsection (h) of Section 2-702 | ||||||
19 | of the Code of Civil Procedure. | ||||||
20 | (c) Sealing. | ||||||
21 | (1) Applicability. Notwithstanding any other provision | ||||||
22 | of this Act to the contrary, and cumulative with any rights | ||||||
23 | to expungement of criminal records, this subsection | ||||||
24 | authorizes the sealing of criminal records of adults and of | ||||||
25 | minors prosecuted as adults. Subsection (g) of this Section | ||||||
26 | provides for immediate sealing of certain records. |
| |||||||
| |||||||
1 | (2) Eligible Records. The following records may be | ||||||
2 | sealed: | ||||||
3 | (A) All arrests resulting in release without | ||||||
4 | charging; | ||||||
5 | (B) Arrests or charges not initiated by arrest | ||||||
6 | resulting in acquittal, dismissal, or conviction when | ||||||
7 | the conviction was reversed or vacated, except as | ||||||
8 | excluded by subsection (a)(3)(B); | ||||||
9 | (C) Arrests or charges not initiated by arrest | ||||||
10 | resulting in orders of supervision, including orders | ||||||
11 | of supervision for municipal ordinance violations, | ||||||
12 | successfully completed by the petitioner, unless | ||||||
13 | excluded by subsection (a)(3); | ||||||
14 | (D) Arrests or charges not initiated by arrest | ||||||
15 | resulting in convictions, including convictions on | ||||||
16 | municipal ordinance violations, unless excluded by | ||||||
17 | subsection (a)(3); | ||||||
18 | (E) Arrests or charges not initiated by arrest | ||||||
19 | resulting in orders of first offender probation under | ||||||
20 | Section 10 of the Cannabis Control Act, Section 410 of | ||||||
21 | the Illinois Controlled Substances Act, Section 70 of | ||||||
22 | the Methamphetamine Control and Community Protection | ||||||
23 | Act, or Section 5-6-3.3 of the Unified Code of | ||||||
24 | Corrections; and | ||||||
25 | (F) Arrests or charges not initiated by arrest | ||||||
26 | resulting in felony convictions unless otherwise |
| |||||||
| |||||||
1 | excluded by subsection (a) paragraph (3) of this | ||||||
2 | Section. | ||||||
3 | (3) When Records Are Eligible to Be Sealed. Records | ||||||
4 | identified as eligible under subsection (c)(2) may be | ||||||
5 | sealed as follows: | ||||||
6 | (A) Records identified as eligible under | ||||||
7 | subsection (c)(2)(A) and (c)(2)(B) may be sealed at any | ||||||
8 | time. | ||||||
9 | (B) Except as otherwise provided in subparagraph | ||||||
10 | (E) of this paragraph (3), records identified as | ||||||
11 | eligible under subsection (c)(2)(C) may be sealed
2 | ||||||
12 | years after the termination of petitioner's last | ||||||
13 | sentence (as defined in subsection (a)(1)(F)). | ||||||
14 | (C) Except as otherwise provided in subparagraph | ||||||
15 | (E) of this paragraph (3), records identified as | ||||||
16 | eligible under subsections (c)(2)(D), (c)(2)(E), and | ||||||
17 | (c)(2)(F) may be sealed 3 years after the termination | ||||||
18 | of the petitioner's last sentence (as defined in | ||||||
19 | subsection (a)(1)(F)). Convictions requiring public | ||||||
20 | registration under the Arsonist Registration Act, the | ||||||
21 | Sex Offender Registration Act, or the Murderer and | ||||||
22 | Violent Offender Against Youth Registration Act may | ||||||
23 | not be sealed until the petitioner is no longer | ||||||
24 | required to register under that relevant Act. | ||||||
25 | (D) Records identified in subsection | ||||||
26 | (a)(3)(A)(iii) may be sealed after the petitioner has |
| |||||||
| |||||||
1 | reached the age of 25 years. | ||||||
2 | (E) Records identified as eligible under | ||||||
3 | subsections (c)(2)(C), (c)(2)(D), (c)(2)(E), or | ||||||
4 | (c)(2)(F) may be sealed upon termination of the | ||||||
5 | petitioner's last sentence if the petitioner earned a | ||||||
6 | high school diploma, associate's degree, career | ||||||
7 | certificate, vocational technical certification, or | ||||||
8 | bachelor's degree, or passed the high school level Test | ||||||
9 | of General Educational Development, during the period | ||||||
10 | of his or her sentence, aftercare release, or mandatory | ||||||
11 | supervised release. This subparagraph shall apply only | ||||||
12 | to a petitioner who has not completed the same | ||||||
13 | educational goal prior to the period of his or her | ||||||
14 | sentence, aftercare release, or mandatory supervised | ||||||
15 | release. If a petition for sealing eligible records | ||||||
16 | filed under this subparagraph is denied by the court, | ||||||
17 | the time periods under subparagraph (B) or (C) shall | ||||||
18 | apply to any subsequent petition for sealing filed by | ||||||
19 | the petitioner. | ||||||
20 | (4) Subsequent felony convictions. A person may not | ||||||
21 | have
subsequent felony conviction records sealed as | ||||||
22 | provided in this subsection
(c) if he or she is convicted | ||||||
23 | of any felony offense after the date of the
sealing of | ||||||
24 | prior felony convictions as provided in this subsection | ||||||
25 | (c). The court may, upon conviction for a subsequent felony | ||||||
26 | offense, order the unsealing of prior felony conviction |
| |||||||
| |||||||
1 | records previously ordered sealed by the court. | ||||||
2 | (5) Notice of eligibility for sealing. Upon entry of a | ||||||
3 | disposition for an eligible record under this subsection | ||||||
4 | (c), the petitioner shall be informed by the court of the | ||||||
5 | right to have the records sealed and the procedures for the | ||||||
6 | sealing of the records. | ||||||
7 | (d) Procedure. The following procedures apply to | ||||||
8 | expungement under subsections (b), (e), and (e-6) and sealing | ||||||
9 | under subsections (c) and (e-5): | ||||||
10 | (1) Filing the petition. Upon becoming eligible to | ||||||
11 | petition for
the expungement or sealing of records under | ||||||
12 | this Section, the petitioner shall file a petition | ||||||
13 | requesting the expungement
or sealing of records with the | ||||||
14 | clerk of the court where the arrests occurred or the | ||||||
15 | charges were brought, or both. If arrests occurred or | ||||||
16 | charges were brought in multiple jurisdictions, a petition | ||||||
17 | must be filed in each such jurisdiction. The petitioner | ||||||
18 | shall pay the applicable fee, except no fee shall be | ||||||
19 | required if the petitioner has obtained a court order | ||||||
20 | waiving fees under Supreme Court Rule 298 or it is | ||||||
21 | otherwise waived. | ||||||
22 | (1.5) County fee waiver pilot program.
In a county of | ||||||
23 | 3,000,000 or more inhabitants, no fee shall be required to | ||||||
24 | be paid by a petitioner if the records sought to be | ||||||
25 | expunged or sealed were arrests resulting in release | ||||||
26 | without charging or arrests or charges not initiated by |
| |||||||
| |||||||
1 | arrest resulting in acquittal, dismissal, or conviction | ||||||
2 | when the conviction was reversed or vacated, unless | ||||||
3 | excluded by subsection (a)(3)(B). The provisions of this | ||||||
4 | paragraph (1.5), other than this sentence, are inoperative | ||||||
5 | on and after January 1, 2019 or one year after January 1, | ||||||
6 | 2017 (the effective date of Public Act 99-881), whichever | ||||||
7 | is later . | ||||||
8 | (2) Contents of petition. The petition shall be
| ||||||
9 | verified and shall contain the petitioner's name, date of
| ||||||
10 | birth, current address and, for each arrest or charge not | ||||||
11 | initiated by
arrest sought to be sealed or expunged, the | ||||||
12 | case number, the date of
arrest (if any), the identity of | ||||||
13 | the arresting authority, and such
other information as the | ||||||
14 | court may require. During the pendency
of the proceeding, | ||||||
15 | the petitioner shall promptly notify the
circuit court | ||||||
16 | clerk of any change of his or her address. If the | ||||||
17 | petitioner has received a certificate of eligibility for | ||||||
18 | sealing from the Prisoner Review Board under paragraph (10) | ||||||
19 | of subsection (a) of Section 3-3-2 of the Unified Code of | ||||||
20 | Corrections, the certificate shall be attached to the | ||||||
21 | petition. | ||||||
22 | (3) Drug test. The petitioner must attach to the | ||||||
23 | petition proof that the petitioner has passed a test taken | ||||||
24 | within 30 days before the filing of the petition showing | ||||||
25 | the absence within his or her body of all illegal | ||||||
26 | substances as defined by the Illinois Controlled |
| |||||||
| |||||||
1 | Substances Act, the Methamphetamine Control and Community | ||||||
2 | Protection Act, and the Cannabis Control Act if he or she | ||||||
3 | is petitioning to: | ||||||
4 | (A) seal felony records under clause (c)(2)(E); | ||||||
5 | (B) seal felony records for a violation of the | ||||||
6 | Illinois Controlled Substances Act, the | ||||||
7 | Methamphetamine Control and Community Protection Act, | ||||||
8 | or the Cannabis Control Act under clause (c)(2)(F); | ||||||
9 | (C) seal felony records under subsection (e-5); or | ||||||
10 | (D) expunge felony records of a qualified | ||||||
11 | probation under clause (b)(1)(iv). | ||||||
12 | (4) Service of petition. The circuit court clerk shall | ||||||
13 | promptly
serve a copy of the petition and documentation to | ||||||
14 | support the petition under subsection (e-5) or (e-6) on the | ||||||
15 | State's Attorney or
prosecutor charged with the duty of | ||||||
16 | prosecuting the
offense, the Department of State Police, | ||||||
17 | the arresting
agency and the chief legal officer of the | ||||||
18 | unit of local
government effecting the arrest. | ||||||
19 | (5) Objections. | ||||||
20 | (A) Any party entitled to notice of the petition | ||||||
21 | may file an objection to the petition. All objections | ||||||
22 | shall be in writing, shall be filed with the circuit | ||||||
23 | court clerk, and shall state with specificity the basis | ||||||
24 | of the objection. Whenever a person who has been | ||||||
25 | convicted of an offense is granted
a pardon by the | ||||||
26 | Governor which specifically authorizes expungement, an |
| |||||||
| |||||||
1 | objection to the petition may not be filed. | ||||||
2 | (B) Objections to a petition to expunge or seal | ||||||
3 | must be filed within 60 days of the date of service of | ||||||
4 | the petition. | ||||||
5 | (6) Entry of order. | ||||||
6 | (A) The Chief Judge of the circuit wherein the | ||||||
7 | charge was brought, any judge of that circuit | ||||||
8 | designated by the Chief Judge, or in counties of less | ||||||
9 | than 3,000,000 inhabitants, the presiding trial judge | ||||||
10 | at the petitioner's trial, if any, shall rule on the | ||||||
11 | petition to expunge or seal as set forth in this | ||||||
12 | subsection (d)(6). | ||||||
13 | (B) Unless the State's Attorney or prosecutor, the | ||||||
14 | Department of
State Police, the arresting agency, or | ||||||
15 | the chief legal officer
files an objection to the | ||||||
16 | petition to expunge or seal within 60 days from the | ||||||
17 | date of service of the petition, the court shall enter | ||||||
18 | an order granting or denying the petition. | ||||||
19 | (7) Hearings. If an objection is filed, the court shall | ||||||
20 | set a date for a hearing and notify the petitioner and all | ||||||
21 | parties entitled to notice of the petition of the hearing | ||||||
22 | date at least 30 days prior to the hearing. Prior to the | ||||||
23 | hearing, the State's Attorney shall consult with the | ||||||
24 | Department as to the appropriateness of the relief sought | ||||||
25 | in the petition to expunge or seal. At the hearing, the | ||||||
26 | court shall hear evidence on whether the petition should or |
| |||||||
| |||||||
1 | should not be granted, and shall grant or deny the petition | ||||||
2 | to expunge or seal the records based on the evidence | ||||||
3 | presented at the hearing. The court may consider the | ||||||
4 | following: | ||||||
5 | (A) the strength of the evidence supporting the | ||||||
6 | defendant's conviction; | ||||||
7 | (B) the reasons for retention of the conviction | ||||||
8 | records by the State; | ||||||
9 | (C) the petitioner's age, criminal record history, | ||||||
10 | and employment history; | ||||||
11 | (D) the period of time between the petitioner's | ||||||
12 | arrest on the charge resulting in the conviction and | ||||||
13 | the filing of the petition under this Section; and | ||||||
14 | (E) the specific adverse consequences the | ||||||
15 | petitioner may be subject to if the petition is denied. | ||||||
16 | (8) Service of order. After entering an order to | ||||||
17 | expunge or
seal records, the court must provide copies of | ||||||
18 | the order to the
Department, in a form and manner | ||||||
19 | prescribed by the Department,
to the petitioner, to the | ||||||
20 | State's Attorney or prosecutor
charged with the duty of | ||||||
21 | prosecuting the offense, to the
arresting agency, to the | ||||||
22 | chief legal officer of the unit of
local government | ||||||
23 | effecting the arrest, and to such other
criminal justice | ||||||
24 | agencies as may be ordered by the court. | ||||||
25 | (9) Implementation of order. | ||||||
26 | (A) Upon entry of an order to expunge records |
| |||||||
| |||||||
1 | pursuant to (b)(2)(A) or (b)(2)(B)(ii), or both: | ||||||
2 | (i) the records shall be expunged (as defined | ||||||
3 | in subsection (a)(1)(E)) by the arresting agency, | ||||||
4 | the Department, and any other agency as ordered by | ||||||
5 | the court, within 60 days of the date of service of | ||||||
6 | the order, unless a motion to vacate, modify, or | ||||||
7 | reconsider the order is filed pursuant to | ||||||
8 | paragraph (12) of subsection (d) of this Section; | ||||||
9 | (ii) the records of the circuit court clerk | ||||||
10 | shall be impounded until further order of the court | ||||||
11 | upon good cause shown and the name of the | ||||||
12 | petitioner obliterated on the official index | ||||||
13 | required to be kept by the circuit court clerk | ||||||
14 | under Section 16 of the Clerks of Courts Act, but | ||||||
15 | the order shall not affect any index issued by the | ||||||
16 | circuit court clerk before the entry of the order; | ||||||
17 | and | ||||||
18 | (iii) in response to an inquiry for expunged | ||||||
19 | records, the court, the Department, or the agency | ||||||
20 | receiving such inquiry, shall reply as it does in | ||||||
21 | response to inquiries when no records ever | ||||||
22 | existed. | ||||||
23 | (B) Upon entry of an order to expunge records | ||||||
24 | pursuant to (b)(2)(B)(i) or (b)(2)(C), or both: | ||||||
25 | (i) the records shall be expunged (as defined | ||||||
26 | in subsection (a)(1)(E)) by the arresting agency |
| |||||||
| |||||||
1 | and any other agency as ordered by the court, | ||||||
2 | within 60 days of the date of service of the order, | ||||||
3 | unless a motion to vacate, modify, or reconsider | ||||||
4 | the order is filed pursuant to paragraph (12) of | ||||||
5 | subsection (d) of this Section; | ||||||
6 | (ii) the records of the circuit court clerk | ||||||
7 | shall be impounded until further order of the court | ||||||
8 | upon good cause shown and the name of the | ||||||
9 | petitioner obliterated on the official index | ||||||
10 | required to be kept by the circuit court clerk | ||||||
11 | under Section 16 of the Clerks of Courts Act, but | ||||||
12 | the order shall not affect any index issued by the | ||||||
13 | circuit court clerk before the entry of the order; | ||||||
14 | (iii) the records shall be impounded by the
| ||||||
15 | Department within 60 days of the date of service of | ||||||
16 | the order as ordered by the court, unless a motion | ||||||
17 | to vacate, modify, or reconsider the order is filed | ||||||
18 | pursuant to paragraph (12) of subsection (d) of | ||||||
19 | this Section; | ||||||
20 | (iv) records impounded by the Department may | ||||||
21 | be disseminated by the Department only as required | ||||||
22 | by law or to the arresting authority, the State's | ||||||
23 | Attorney, and the court upon a later arrest for the | ||||||
24 | same or a similar offense or for the purpose of | ||||||
25 | sentencing for any subsequent felony, and to the | ||||||
26 | Department of Corrections upon conviction for any |
| |||||||
| |||||||
1 | offense; and | ||||||
2 | (v) in response to an inquiry for such records | ||||||
3 | from anyone not authorized by law to access such | ||||||
4 | records, the court, the Department, or the agency | ||||||
5 | receiving such inquiry shall reply as it does in | ||||||
6 | response to inquiries when no records ever | ||||||
7 | existed. | ||||||
8 | (B-5) Upon entry of an order to expunge records | ||||||
9 | under subsection (e-6): | ||||||
10 | (i) the records shall be expunged (as defined | ||||||
11 | in subsection (a)(1)(E)) by the arresting agency | ||||||
12 | and any other agency as ordered by the court, | ||||||
13 | within 60 days of the date of service of the order, | ||||||
14 | unless a motion to vacate, modify, or reconsider | ||||||
15 | the order is filed under paragraph (12) of | ||||||
16 | subsection (d) of this Section; | ||||||
17 | (ii) the records of the circuit court clerk | ||||||
18 | shall be impounded until further order of the court | ||||||
19 | upon good cause shown and the name of the | ||||||
20 | petitioner obliterated on the official index | ||||||
21 | required to be kept by the circuit court clerk | ||||||
22 | under Section 16 of the Clerks of Courts Act, but | ||||||
23 | the order shall not affect any index issued by the | ||||||
24 | circuit court clerk before the entry of the order; | ||||||
25 | (iii) the records shall be impounded by the
| ||||||
26 | Department within 60 days of the date of service of |
| |||||||
| |||||||
1 | the order as ordered by the court, unless a motion | ||||||
2 | to vacate, modify, or reconsider the order is filed | ||||||
3 | under paragraph (12) of subsection (d) of this | ||||||
4 | Section; | ||||||
5 | (iv) records impounded by the Department may | ||||||
6 | be disseminated by the Department only as required | ||||||
7 | by law or to the arresting authority, the State's | ||||||
8 | Attorney, and the court upon a later arrest for the | ||||||
9 | same or a similar offense or for the purpose of | ||||||
10 | sentencing for any subsequent felony, and to the | ||||||
11 | Department of Corrections upon conviction for any | ||||||
12 | offense; and | ||||||
13 | (v) in response to an inquiry for these records | ||||||
14 | from anyone not authorized by law to access the | ||||||
15 | records, the court, the Department, or the agency | ||||||
16 | receiving the inquiry shall reply as it does in | ||||||
17 | response to inquiries when no records ever | ||||||
18 | existed. | ||||||
19 | (C) Upon entry of an order to seal records under | ||||||
20 | subsection
(c), the arresting agency, any other agency | ||||||
21 | as ordered by the court, the Department, and the court | ||||||
22 | shall seal the records (as defined in subsection | ||||||
23 | (a)(1)(K)). In response to an inquiry for such records, | ||||||
24 | from anyone not authorized by law to access such | ||||||
25 | records, the court, the Department, or the agency | ||||||
26 | receiving such inquiry shall reply as it does in |
| |||||||
| |||||||
1 | response to inquiries when no records ever existed. | ||||||
2 | (D) The Department shall send written notice to the | ||||||
3 | petitioner of its compliance with each order to expunge | ||||||
4 | or seal records within 60 days of the date of service | ||||||
5 | of that order or, if a motion to vacate, modify, or | ||||||
6 | reconsider is filed, within 60 days of service of the | ||||||
7 | order resolving the motion, if that order requires the | ||||||
8 | Department to expunge or seal records. In the event of | ||||||
9 | an appeal from the circuit court order, the Department | ||||||
10 | shall send written notice to the petitioner of its | ||||||
11 | compliance with an Appellate Court or Supreme Court | ||||||
12 | judgment to expunge or seal records within 60 days of | ||||||
13 | the issuance of the court's mandate. The notice is not | ||||||
14 | required while any motion to vacate, modify, or | ||||||
15 | reconsider, or any appeal or petition for | ||||||
16 | discretionary appellate review, is pending. | ||||||
17 | (10) Fees. The Department may charge the petitioner a | ||||||
18 | fee equivalent to the cost of processing any order to | ||||||
19 | expunge or seal records. Notwithstanding any provision of | ||||||
20 | the Clerks of Courts Act to the contrary, the circuit court | ||||||
21 | clerk may charge a fee equivalent to the cost associated | ||||||
22 | with the sealing or expungement of records by the circuit | ||||||
23 | court clerk. From the total filing fee collected for the | ||||||
24 | petition to seal or expunge, the circuit court clerk shall | ||||||
25 | deposit $10 into the Circuit Court Clerk Operation and | ||||||
26 | Administrative Fund, to be used to offset the costs |
| |||||||
| |||||||
1 | incurred by the circuit court clerk in performing the | ||||||
2 | additional duties required to serve the petition to seal or | ||||||
3 | expunge on all parties. The circuit court clerk shall | ||||||
4 | collect and forward the Department of State Police portion | ||||||
5 | of the fee to the Department and it shall be deposited in | ||||||
6 | the State Police Services Fund. | ||||||
7 | (11) Final Order. No court order issued under the | ||||||
8 | expungement or sealing provisions of this Section shall | ||||||
9 | become final for purposes of appeal until 30 days after | ||||||
10 | service of the order on the petitioner and all parties | ||||||
11 | entitled to notice of the petition. | ||||||
12 | (12) Motion to Vacate, Modify, or Reconsider. Under | ||||||
13 | Section 2-1203 of the Code of Civil Procedure, the | ||||||
14 | petitioner or any party entitled to notice may file a | ||||||
15 | motion to vacate, modify, or reconsider the order granting | ||||||
16 | or denying the petition to expunge or seal within 60 days | ||||||
17 | of service of the order. If filed more than 60 days after | ||||||
18 | service of the order, a petition to vacate, modify, or | ||||||
19 | reconsider shall comply with subsection (c) of Section | ||||||
20 | 2-1401 of the Code of Civil Procedure. Upon filing of a | ||||||
21 | motion to vacate, modify, or reconsider, notice of the | ||||||
22 | motion shall be served upon the petitioner and all parties | ||||||
23 | entitled to notice of the petition. | ||||||
24 | (13) Effect of Order. An order granting a petition | ||||||
25 | under the expungement or sealing provisions of this Section | ||||||
26 | shall not be considered void because it fails to comply |
| |||||||
| |||||||
1 | with the provisions of this Section or because of any error | ||||||
2 | asserted in a motion to vacate, modify, or reconsider. The | ||||||
3 | circuit court retains jurisdiction to determine whether | ||||||
4 | the order is voidable and to vacate, modify, or reconsider | ||||||
5 | its terms based on a motion filed under paragraph (12) of | ||||||
6 | this subsection (d). | ||||||
7 | (14) Compliance with Order Granting Petition to Seal | ||||||
8 | Records. Unless a court has entered a stay of an order | ||||||
9 | granting a petition to seal, all parties entitled to notice | ||||||
10 | of the petition must fully comply with the terms of the | ||||||
11 | order within 60 days of service of the order even if a | ||||||
12 | party is seeking relief from the order through a motion | ||||||
13 | filed under paragraph (12) of this subsection (d) or is | ||||||
14 | appealing the order. | ||||||
15 | (15) Compliance with Order Granting Petition to | ||||||
16 | Expunge Records. While a party is seeking relief from the | ||||||
17 | order granting the petition to expunge through a motion | ||||||
18 | filed under paragraph (12) of this subsection (d) or is | ||||||
19 | appealing the order, and unless a court has entered a stay | ||||||
20 | of that order, the parties entitled to notice of the | ||||||
21 | petition must seal, but need not expunge, the records until | ||||||
22 | there is a final order on the motion for relief or, in the | ||||||
23 | case of an appeal, the issuance of that court's mandate. | ||||||
24 | (16) The changes to this subsection (d) made by Public | ||||||
25 | Act 98-163 apply to all petitions pending on August 5, 2013 | ||||||
26 | (the effective date of Public Act 98-163) and to all orders |
| |||||||
| |||||||
1 | ruling on a petition to expunge or seal on or after August | ||||||
2 | 5, 2013 (the effective date of Public Act 98-163). | ||||||
3 | (e) Whenever a person who has been convicted of an offense | ||||||
4 | is granted
a pardon by the Governor which specifically | ||||||
5 | authorizes expungement, he or she may,
upon verified petition | ||||||
6 | to the Chief Judge of the circuit where the person had
been | ||||||
7 | convicted, any judge of the circuit designated by the Chief | ||||||
8 | Judge, or in
counties of less than 3,000,000 inhabitants, the | ||||||
9 | presiding trial judge at the
defendant's trial, have a court | ||||||
10 | order entered expunging the record of
arrest from the official | ||||||
11 | records of the arresting authority and order that the
records | ||||||
12 | of the circuit court clerk and the Department be sealed until
| ||||||
13 | further order of the court upon good cause shown or as | ||||||
14 | otherwise provided
herein, and the name of the defendant | ||||||
15 | obliterated from the official index
requested to be kept by the | ||||||
16 | circuit court clerk under Section 16 of the Clerks
of Courts | ||||||
17 | Act in connection with the arrest and conviction for the | ||||||
18 | offense for
which he or she had been pardoned but the order | ||||||
19 | shall not affect any index issued by
the circuit court clerk | ||||||
20 | before the entry of the order. All records sealed by
the | ||||||
21 | Department may be disseminated by the Department only to the | ||||||
22 | arresting authority, the State's Attorney, and the court upon a | ||||||
23 | later
arrest for the same or similar offense or for the purpose | ||||||
24 | of sentencing for any
subsequent felony. Upon conviction for | ||||||
25 | any subsequent offense, the Department
of Corrections shall | ||||||
26 | have access to all sealed records of the Department
pertaining |
| |||||||
| |||||||
1 | to that individual. Upon entry of the order of expungement, the
| ||||||
2 | circuit court clerk shall promptly mail a copy of the order to | ||||||
3 | the
person who was pardoned. | ||||||
4 | (e-5) Whenever a person who has been convicted of an | ||||||
5 | offense is granted a certificate of eligibility for sealing by | ||||||
6 | the Prisoner Review Board which specifically authorizes | ||||||
7 | sealing, he or she may, upon verified petition to the Chief | ||||||
8 | Judge of the circuit where the person had been convicted, any | ||||||
9 | judge of the circuit designated by the Chief Judge, or in | ||||||
10 | counties of less than 3,000,000 inhabitants, the presiding | ||||||
11 | trial judge at the petitioner's trial, have a court order | ||||||
12 | entered sealing the record of arrest from the official records | ||||||
13 | of the arresting authority and order that the records of the | ||||||
14 | circuit court clerk and the Department be sealed until further | ||||||
15 | order of the court upon good cause shown or as otherwise | ||||||
16 | provided herein, and the name of the petitioner obliterated | ||||||
17 | from the official index requested to be kept by the circuit | ||||||
18 | court clerk under Section 16 of the Clerks of Courts Act in | ||||||
19 | connection with the arrest and conviction for the offense for | ||||||
20 | which he or she had been granted the certificate but the order | ||||||
21 | shall not affect any index issued by the circuit court clerk | ||||||
22 | before the entry of the order. All records sealed by the | ||||||
23 | Department may be disseminated by the Department only as | ||||||
24 | required by this Act or to the arresting authority, a law | ||||||
25 | enforcement agency, the State's Attorney, and the court upon a | ||||||
26 | later arrest for the same or similar offense or for the purpose |
| |||||||
| |||||||
1 | of sentencing for any subsequent felony. Upon conviction for | ||||||
2 | any subsequent offense, the Department of Corrections shall | ||||||
3 | have access to all sealed records of the Department pertaining | ||||||
4 | to that individual. Upon entry of the order of sealing, the | ||||||
5 | circuit court clerk shall promptly mail a copy of the order to | ||||||
6 | the person who was granted the certificate of eligibility for | ||||||
7 | sealing. | ||||||
8 | (e-6) Whenever a person who has been convicted of an | ||||||
9 | offense is granted a certificate of eligibility for expungement | ||||||
10 | by the Prisoner Review Board which specifically authorizes | ||||||
11 | expungement, he or she may, upon verified petition to the Chief | ||||||
12 | Judge of the circuit where the person had been convicted, any | ||||||
13 | judge of the circuit designated by the Chief Judge, or in | ||||||
14 | counties of less than 3,000,000 inhabitants, the presiding | ||||||
15 | trial judge at the petitioner's trial, have a court order | ||||||
16 | entered expunging the record of arrest from the official | ||||||
17 | records of the arresting authority and order that the records | ||||||
18 | of the circuit court clerk and the Department be sealed until | ||||||
19 | further order of the court upon good cause shown or as | ||||||
20 | otherwise provided herein, and the name of the petitioner | ||||||
21 | obliterated from the official index requested to be kept by the | ||||||
22 | circuit court clerk under Section 16 of the Clerks of Courts | ||||||
23 | Act in connection with the arrest and conviction for the | ||||||
24 | offense for which he or she had been granted the certificate | ||||||
25 | but the order shall not affect any index issued by the circuit | ||||||
26 | court clerk before the entry of the order. All records sealed |
| |||||||
| |||||||
1 | by the Department may be disseminated by the Department only as | ||||||
2 | required by this Act or to the arresting authority, a law | ||||||
3 | enforcement agency, the State's Attorney, and the court upon a | ||||||
4 | later arrest for the same or similar offense or for the purpose | ||||||
5 | of sentencing for any subsequent felony. Upon conviction for | ||||||
6 | any subsequent offense, the Department of Corrections shall | ||||||
7 | have access to all expunged records of the Department | ||||||
8 | pertaining to that individual. Upon entry of the order of | ||||||
9 | expungement, the circuit court clerk shall promptly mail a copy | ||||||
10 | of the order to the person who was granted the certificate of | ||||||
11 | eligibility for expungement. | ||||||
12 | (f) Subject to available funding, the Illinois Department
| ||||||
13 | of Corrections shall conduct a study of the impact of sealing,
| ||||||
14 | especially on employment and recidivism rates, utilizing a
| ||||||
15 | random sample of those who apply for the sealing of their
| ||||||
16 | criminal records under Public Act 93-211. At the request of the
| ||||||
17 | Illinois Department of Corrections, records of the Illinois
| ||||||
18 | Department of Employment Security shall be utilized as
| ||||||
19 | appropriate to assist in the study. The study shall not
| ||||||
20 | disclose any data in a manner that would allow the
| ||||||
21 | identification of any particular individual or employing unit.
| ||||||
22 | The study shall be made available to the General Assembly no
| ||||||
23 | later than September 1, 2010.
| ||||||
24 | (g) Immediate Sealing. | ||||||
25 | (1) Applicability. Notwithstanding any other provision | ||||||
26 | of this Act to the contrary, and cumulative with any rights |
| |||||||
| |||||||
1 | to expungement or sealing of criminal records, this | ||||||
2 | subsection authorizes the immediate sealing of criminal | ||||||
3 | records of adults and of minors prosecuted as adults. | ||||||
4 | (2) Eligible Records. Arrests or charges not initiated | ||||||
5 | by arrest resulting in acquittal or dismissal with | ||||||
6 | prejudice, except as excluded by subsection (a)(3)(B), | ||||||
7 | that occur on or after January 1, 2018 ( the effective date | ||||||
8 | of Public Act 100-282) this amendatory Act of the 100th | ||||||
9 | General Assembly , may be sealed immediately if the petition | ||||||
10 | is filed with the circuit court clerk on the same day and | ||||||
11 | during the same hearing in which the case is disposed. | ||||||
12 | (3) When Records are Eligible to be Immediately Sealed. | ||||||
13 | Eligible records under paragraph (2) of this subsection (g) | ||||||
14 | may be sealed immediately after entry of the final | ||||||
15 | disposition of a case, notwithstanding the disposition of | ||||||
16 | other charges in the same case. | ||||||
17 | (4) Notice of Eligibility for Immediate Sealing. Upon | ||||||
18 | entry of a disposition for an eligible record under this | ||||||
19 | subsection (g), the defendant shall be informed by the | ||||||
20 | court of his or her right to have eligible records | ||||||
21 | immediately sealed and the procedure for the immediate | ||||||
22 | sealing of these records. | ||||||
23 | (5) Procedure. The following procedures apply to | ||||||
24 | immediate sealing under this subsection (g). | ||||||
25 | (A) Filing the Petition. Upon entry of the final | ||||||
26 | disposition of the case, the defendant's attorney may |
| |||||||
| |||||||
1 | immediately petition the court, on behalf of the | ||||||
2 | defendant, for immediate sealing of eligible records | ||||||
3 | under paragraph (2) of this subsection (g) that are | ||||||
4 | entered on or after January 1, 2018 ( the effective date | ||||||
5 | of Public Act 100-282) this amendatory Act of the 100th | ||||||
6 | General Assembly . The immediate sealing petition may | ||||||
7 | be filed with the circuit court clerk during the | ||||||
8 | hearing in which the final disposition of the case is | ||||||
9 | entered. If the defendant's attorney does not file the | ||||||
10 | petition for immediate sealing during the hearing, the | ||||||
11 | defendant may file a petition for sealing at any time | ||||||
12 | as authorized under subsection (c)(3)(A). | ||||||
13 | (B) Contents of Petition. The immediate sealing | ||||||
14 | petition shall be verified and shall contain the | ||||||
15 | petitioner's name, date of birth, current address, and | ||||||
16 | for each eligible record, the case number, the date of | ||||||
17 | arrest if applicable, the identity of the arresting | ||||||
18 | authority if applicable, and other information as the | ||||||
19 | court may require. | ||||||
20 | (C) Drug Test. The petitioner shall not be required | ||||||
21 | to attach proof that he or she has passed a drug test. | ||||||
22 | (D) Service of Petition. A copy of the petition | ||||||
23 | shall be served on the State's Attorney in open court. | ||||||
24 | The petitioner shall not be required to serve a copy of | ||||||
25 | the petition on any other agency. | ||||||
26 | (E) Entry of Order. The presiding trial judge shall |
| |||||||
| |||||||
1 | enter an order granting or denying the petition for | ||||||
2 | immediate sealing during the hearing in which it is | ||||||
3 | filed. Petitions for immediate sealing shall be ruled | ||||||
4 | on in the same hearing in which the final disposition | ||||||
5 | of the case is entered. | ||||||
6 | (F) Hearings. The court shall hear the petition for | ||||||
7 | immediate sealing on the same day and during the same | ||||||
8 | hearing in which the disposition is rendered. | ||||||
9 | (G) Service of Order. An order to immediately seal | ||||||
10 | eligible records shall be served in conformance with | ||||||
11 | subsection (d)(8). | ||||||
12 | (H) Implementation of Order. An order to | ||||||
13 | immediately seal records shall be implemented in | ||||||
14 | conformance with subsections (d)(9)(C) and (d)(9)(D). | ||||||
15 | (I) Fees. The fee imposed by the circuit court | ||||||
16 | clerk and the Department of State Police shall comply | ||||||
17 | with paragraph (1) of subsection (d) of this Section. | ||||||
18 | (J) Final Order. No court order issued under this | ||||||
19 | subsection (g) shall become final for purposes of | ||||||
20 | appeal until 30 days after service of the order on the | ||||||
21 | petitioner and all parties entitled to service of the | ||||||
22 | order in conformance with subsection (d)(8). | ||||||
23 | (K) Motion to Vacate, Modify, or Reconsider. Under | ||||||
24 | Section 2-1203 of the Code of Civil Procedure, the | ||||||
25 | petitioner, State's Attorney, or the Department of | ||||||
26 | State Police may file a motion to vacate, modify, or |
| |||||||
| |||||||
1 | reconsider the order denying the petition to | ||||||
2 | immediately seal within 60 days of service of the | ||||||
3 | order. If filed more than 60 days after service of the | ||||||
4 | order, a petition to vacate, modify, or reconsider | ||||||
5 | shall comply with subsection (c) of Section 2-1401 of | ||||||
6 | the Code of Civil Procedure. | ||||||
7 | (L) Effect of Order. An order granting an immediate | ||||||
8 | sealing petition shall not be considered void because | ||||||
9 | it fails to comply with the provisions of this Section | ||||||
10 | or because of an error asserted in a motion to vacate, | ||||||
11 | modify, or reconsider. The circuit court retains | ||||||
12 | jurisdiction to determine whether the order is | ||||||
13 | voidable, and to vacate, modify, or reconsider its | ||||||
14 | terms based on a motion filed under subparagraph (L) of | ||||||
15 | this subsection (g). | ||||||
16 | (M) Compliance with Order Granting Petition to | ||||||
17 | Seal Records. Unless a court has entered a stay of an | ||||||
18 | order granting a petition to immediately seal, all | ||||||
19 | parties entitled to service of the order must fully | ||||||
20 | comply with the terms of the order within 60 days of | ||||||
21 | service of the order. | ||||||
22 | (Source: P.A. 99-78, eff. 7-20-15; 99-378, eff. 1-1-16; 99-385, | ||||||
23 | eff. 1-1-16; 99-642, eff. 7-28-16; 99-697, eff. 7-29-16; | ||||||
24 | 99-881, eff. 1-1-17; 100-201, eff. 8-18-17; 100-282, eff. | ||||||
25 | 1-1-18; 100-284, eff. 8-24-17; 100-287, eff. 8-24-17; revised | ||||||
26 | 10-13-17.)
|
| |||||||
| |||||||
1 | Section 25. The Illinois Uniform Conviction Information | ||||||
2 | Act is amended by changing Section 3 as follows:
| ||||||
3 | (20 ILCS 2635/3) (from Ch. 38, par. 1603)
| ||||||
4 | Sec. 3. Definitions. Whenever used in this Act, and for the | ||||||
5 | purposes
of this Act, unless the context clearly indicates | ||||||
6 | otherwise:
| ||||||
7 | (A) "Accurate" means factually correct, containing no | ||||||
8 | mistake or error
of a material nature.
| ||||||
9 | (B) The phrase "administer the criminal laws" includes any | ||||||
10 | of the
following activities: intelligence gathering, | ||||||
11 | surveillance, criminal
investigation, crime detection and | ||||||
12 | prevention (including research),
apprehension, detention, | ||||||
13 | pretrial or post-trial release, prosecution, the
correctional | ||||||
14 | supervision or rehabilitation of accused persons or criminal
| ||||||
15 | offenders, criminal identification activities, data analysis | ||||||
16 | and research done by the sentencing commission, or the | ||||||
17 | collection,
maintenance or dissemination of criminal history | ||||||
18 | record information.
| ||||||
19 | (C) "The Authority" means the Illinois Criminal Justice | ||||||
20 | Information
Authority.
| ||||||
21 | (D) "Automated" means the utilization of computers, | ||||||
22 | telecommunication
lines, or other automatic data processing | ||||||
23 | equipment for data collection or
storage, analysis, | ||||||
24 | processing, preservation, maintenance, dissemination, or
|
| |||||||
| |||||||
1 | display and is distinguished from a system in which such | ||||||
2 | activities are
performed manually.
| ||||||
3 | (E) "Complete" means accurately reflecting all the | ||||||
4 | criminal history
record information about an individual that is | ||||||
5 | required to be reported to
the Department pursuant to Section | ||||||
6 | 2.1 of the Criminal Identification Act.
| ||||||
7 | (F) "Conviction information" means data reflecting a | ||||||
8 | judgment of guilt
or nolo contendere. The term includes all | ||||||
9 | prior and subsequent criminal
history events directly relating | ||||||
10 | to such judgments, such as, but not
limited to: (1) the | ||||||
11 | notation of arrest; (2) the notation of charges filed;
(3) the | ||||||
12 | sentence imposed; (4) the fine imposed; and (5) all related
| ||||||
13 | probation, parole, and release information. Information ceases | ||||||
14 | to be
"conviction information" when a judgment of guilt is | ||||||
15 | reversed or vacated.
| ||||||
16 | For purposes of this Act, continuances to a date certain in | ||||||
17 | furtherance
of an order of supervision granted under Section | ||||||
18 | 5-6-1 of the Unified Code
of Corrections or an order of | ||||||
19 | probation granted under either Section 10 of
the Cannabis | ||||||
20 | Control Act, Section 410 of the Illinois Controlled
Substances | ||||||
21 | Act, Section 70 of the Methamphetamine Control and Community | ||||||
22 | Protection Act, Section 12-4.3 or subdivision (b)(1) of Section | ||||||
23 | 12-3.05 of the Criminal Code of 1961 or the Criminal Code of | ||||||
24 | 2012, Section
10-102 of the Illinois Alcoholism and Other Drug | ||||||
25 | Dependency Act, Section
40-10 of the Substance Use Disorder | ||||||
26 | Act, Alcoholism and Other Drug Abuse and Dependency Act, or |
| |||||||
| |||||||
1 | Section
10 of the Steroid Control Act shall not be deemed | ||||||
2 | "conviction information".
| ||||||
3 | (G) "Criminal history record information" means data | ||||||
4 | identifiable to an
individual, including information collected | ||||||
5 | under Section 4.5 of the Criminal Identification Act, and | ||||||
6 | consisting of descriptions or notations of arrests,
| ||||||
7 | detentions, indictments, informations, pretrial proceedings, | ||||||
8 | trials, or
other formal events in the criminal justice system | ||||||
9 | or descriptions or
notations of criminal charges (including | ||||||
10 | criminal violations of local
municipal ordinances) and the | ||||||
11 | nature of any disposition arising therefrom,
including | ||||||
12 | sentencing, court or correctional supervision, rehabilitation | ||||||
13 | and
release. The term does not apply to statistical records and | ||||||
14 | reports in
which individuals are not identified and from which | ||||||
15 | their identities are not
ascertainable, or to information that | ||||||
16 | is for criminal investigative or
intelligence purposes.
| ||||||
17 | (H) "Criminal justice agency" means (1) a government agency | ||||||
18 | or any
subunit thereof which is authorized to administer the | ||||||
19 | criminal laws and
which allocates a substantial part of its | ||||||
20 | annual budget for that purpose,
or (2) an agency supported by | ||||||
21 | public funds which is authorized as its
principal function to | ||||||
22 | administer the criminal laws and which is officially
designated | ||||||
23 | by the Department as a criminal justice agency for purposes of
| ||||||
24 | this Act.
| ||||||
25 | (I) "The Department" means the Illinois Department of State | ||||||
26 | Police.
|
| |||||||
| |||||||
1 | (J) "Director" means the Director of the Illinois | ||||||
2 | Department of State
Police.
| ||||||
3 | (K) "Disseminate" means to disclose or transmit conviction | ||||||
4 | information
in any form, oral, written, or otherwise.
| ||||||
5 | (L) "Exigency" means pending danger or the threat of | ||||||
6 | pending danger to
an individual or property.
| ||||||
7 | (M) "Non-criminal justice agency" means a State agency, | ||||||
8 | Federal agency,
or unit of local government that is not a | ||||||
9 | criminal justice agency. The
term does not refer to private | ||||||
10 | individuals, corporations, or
non-governmental agencies or | ||||||
11 | organizations.
| ||||||
12 | (M-5) "Request" means the submission to the Department, in | ||||||
13 | the form and
manner required, the necessary data elements or | ||||||
14 | fingerprints, or both, to allow
the Department to initiate a | ||||||
15 | search of its criminal history record information
files.
| ||||||
16 | (N) "Requester" means any private individual, corporation, | ||||||
17 | organization,
employer, employment agency, labor organization, | ||||||
18 | or non-criminal justice
agency that has made a request pursuant | ||||||
19 | to this Act
to obtain
conviction information maintained in the | ||||||
20 | files of the Department of State
Police regarding a particular | ||||||
21 | individual.
| ||||||
22 | (O) "Statistical information" means data from which the | ||||||
23 | identity of an
individual cannot be ascertained, | ||||||
24 | reconstructed, or verified and to which
the identity of an | ||||||
25 | individual cannot be linked by the recipient of the
| ||||||
26 | information.
|
| |||||||
| |||||||
1 | (P) "Sentencing commission" means the Sentencing Policy | ||||||
2 | Advisory Council. | ||||||
3 | (Source: P.A. 99-880, eff. 8-22-16; 100-201, eff. 8-18-17.)
| ||||||
4 | Section 30. The Community Behavioral Health Center | ||||||
5 | Infrastructure Act is amended by changing Section 5 as follows:
| ||||||
6 | (30 ILCS 732/5)
| ||||||
7 | Sec. 5. Definitions.
In this Act: | ||||||
8 | "Behavioral health center site" means a physical site where | ||||||
9 | a community behavioral health center shall provide behavioral | ||||||
10 | healthcare services linked to a particular | ||||||
11 | Department-contracted community behavioral healthcare | ||||||
12 | provider, from which this provider delivers a | ||||||
13 | Department-funded service and has the following | ||||||
14 | characteristics: | ||||||
15 | (i) The site must be owned, leased, or otherwise | ||||||
16 | controlled by a Department-funded provider.
| ||||||
17 | (ii) A Department-funded provider may have multiple | ||||||
18 | service sites.
| ||||||
19 | (iii) A Department-funded provider may provide both | ||||||
20 | Medicaid and non-Medicaid services
for which they are | ||||||
21 | certified or approved at a certified site.
| ||||||
22 | "Board" means the Capital Development Board. | ||||||
23 | "Community behavioral healthcare provider"
includes, but | ||||||
24 | is not limited to, Department-contracted prevention, |
| |||||||
| |||||||
1 | intervention, or treatment care providers of services and | ||||||
2 | supports for persons with mental health services, alcohol and | ||||||
3 | substance abuse services, rehabilitation services, and early | ||||||
4 | intervention services provided by a vendor.
| ||||||
5 | For the purposes of this definition, "vendor" includes, but | ||||||
6 | is not limited to, community providers, including | ||||||
7 | community-based organizations that are licensed to provide | ||||||
8 | prevention, intervention, or treatment services and support | ||||||
9 | for persons with mental illness or substance abuse problems in | ||||||
10 | this State, that comply with applicable federal, State, and | ||||||
11 | local rules and statutes, including, but not limited to, the | ||||||
12 | following: | ||||||
13 | (A) Federal requirements: | ||||||
14 | (1) Block Grants for Community Mental Health | ||||||
15 | Services, Subpart I & III, Part B, Title XIX, P.H.S. | ||||||
16 | Act/45 C.F.R. Part 96. | ||||||
17 | (2) Medicaid (42 U.S.C.A. 1396 (1996)).
| ||||||
18 | (3) 42 C.F.R. 440 (Services: General Provision) | ||||||
19 | and 456 (Utilization Control) (1996). | ||||||
20 | (4) Health Insurance Portability and | ||||||
21 | Accountability Act (HIPAA) as specified in 45 C.F.R. | ||||||
22 | Section 160.310.
| ||||||
23 | (5) The Substance Abuse Prevention Block Grant | ||||||
24 | Regulations (45 C.F.R. Part 96).
| ||||||
25 | (6) Program Fraud Civil Remedies Act of 1986 (45 | ||||||
26 | C.F.R. Part 79).
|
| |||||||
| |||||||
1 | (7) Federal regulations regarding Opioid | ||||||
2 | Maintenance Therapy (21 C.F.R. 29) (21 C.F.R. | ||||||
3 | 1301-1307 (D.E.A.)).
| ||||||
4 | (8) Federal regulations regarding Diagnostic, | ||||||
5 | Screening, Prevention, and Rehabilitation Services | ||||||
6 | (Medicaid) (42 C.F.R. 440.130).
| ||||||
7 | (9) Charitable Choice: Providers that qualify as | ||||||
8 | religious organizations under 42 C.F.R. 54.2(b), who | ||||||
9 | comply with the Charitable Choice Regulations as set | ||||||
10 | forth in 42 C.F.R. 54.1 et seq. with regard to funds | ||||||
11 | provided directly to pay for substance abuse | ||||||
12 | prevention and treatment services. | ||||||
13 | (B) State requirements: | ||||||
14 | (1) 59 Ill. Admin. Code 50, Office of Inspector | ||||||
15 | General Investigations of Alleged Abuse or Neglect in | ||||||
16 | State-Operated Facilities and Community Agencies. | ||||||
17 | (2) 59 Ill. Admin. Code 51, Office of Inspector | ||||||
18 | General Adults with Disabilities Project. | ||||||
19 | (3) 59 Ill. Admin. Code 103, Grants. | ||||||
20 | (4) 59 Ill. Admin. Code 115, Standards and | ||||||
21 | Licensure Requirements for Community-Integrated Living | ||||||
22 | Arrangements. | ||||||
23 | (5) 59 Ill. Admin. Code 117, Family Assistance and | ||||||
24 | Home-Based Support Programs for Persons with Mental | ||||||
25 | Disabilities. | ||||||
26 | (6) 59 Ill. Admin. Code 125, Recipient |
| |||||||
| |||||||
1 | Discharge/Linkage/Aftercare. | ||||||
2 | (7) 59 Ill. Admin. Code 131, Children's Mental | ||||||
3 | Health Screening, Assessment and Supportive Services | ||||||
4 | Program. | ||||||
5 | (8) 59 Ill. Admin. Code 132, Medicaid Community | ||||||
6 | Mental Health Services Program.
| ||||||
7 | (9) 59 Ill. Admin. Code 135, Individual Care Grants | ||||||
8 | for Mentally Ill Children.
| ||||||
9 | (10) 89 Ill. Admin. Code 140, Medical Payment.
| ||||||
10 | (11) 89 Ill. Admin. Code 140.642, Screening | ||||||
11 | Assessment for Nursing Facility and Alternative | ||||||
12 | Residential Settings and Services. | ||||||
13 | (12) 89 Ill. Admin. Code 507, Audit Requirements of | ||||||
14 | Illinois Department of Human Services.
| ||||||
15 | (13) 89 Ill. Admin. Code 509, | ||||||
16 | Fiscal/Administrative Recordkeeping and Requirements. | ||||||
17 | (14) 89 Ill. Admin. Code 511, Grants and Grant | ||||||
18 | Funds Recovery. | ||||||
19 | (15) 77 Ill. Admin. Code, Parts 2030, 2060, and | ||||||
20 | 2090.
| ||||||
21 | (16) Title 77 Illinois Administrative Code: | ||||||
22 | (a) Part 630: Maternal and Child Health | ||||||
23 | Services Code. | ||||||
24 | (b) Part 635: Family Planning Services Code.
| ||||||
25 | (c) Part 672: WIC Vendor Management Code.
| ||||||
26 | (d) Part 2030: Award and Monitoring of Funds.
|
| |||||||
| |||||||
1 | (e) Part 2200: School Based/Linked Health | ||||||
2 | Centers.
| ||||||
3 | (17) Title 89 Illinois Administrative Code: | ||||||
4 | (a) Part 130.200: Administration of Social | ||||||
5 | Service Programs, Domestic Violence Shelter and | ||||||
6 | Service Programs.
| ||||||
7 | (b) Part 310: Delivery of Youth Services | ||||||
8 | Funded by the Department of Human Services.
| ||||||
9 | (c) Part 313: Community Services.
| ||||||
10 | (d) Part 334: Administration and Funding of | ||||||
11 | Community-Based Services to Youth.
| ||||||
12 | (e) Part 500: Early Intervention Program. | ||||||
13 | (f) Part 501: Partner Abuse Intervention. | ||||||
14 | (g) Part 507: Audit Requirements of DHS. | ||||||
15 | (h) Part 509: Fiscal/Administrative | ||||||
16 | Recordkeeping and Requirements. | ||||||
17 | (i) Part 511: Grants and Grant Funds Recovery. | ||||||
18 | (18) State statutes: | ||||||
19 | (a) The Mental Health and Developmental | ||||||
20 | Disabilities Code. | ||||||
21 | (b) The Community Services Act. | ||||||
22 | (c) The Mental Health and Developmental | ||||||
23 | Disabilities Confidentiality Act. | ||||||
24 | (d) The Substance Use Disorder Act Alcoholism | ||||||
25 | and Other Drug Abuse and Dependency Act . | ||||||
26 | (e) The Early Intervention Services System |
| |||||||
| |||||||
1 | Act. | ||||||
2 | (f) The Children and Family Services Act. | ||||||
3 | (g) The Illinois Commission on Volunteerism | ||||||
4 | and Community Services Act. | ||||||
5 | (h) The Department of Human Services Act. | ||||||
6 | (i) The Domestic Violence Shelters Act. | ||||||
7 | (j) The Illinois Youthbuild Act. | ||||||
8 | (k) The Civil Administrative Code of Illinois. | ||||||
9 | (l) The Illinois Grant Funds Recovery Act. | ||||||
10 | (m) The Child Care Act of 1969. | ||||||
11 | (n) The Solicitation for Charity Act. | ||||||
12 | (o) The Illinois Public Aid Code (305 ILCS | ||||||
13 | 5/9-1, 12-4.5 through 12-4.7, and 12-13). | ||||||
14 | (p) The Abused and Neglected Child Reporting | ||||||
15 | Act. | ||||||
16 | (q) The Charitable Trust Act.
| ||||||
17 | (r) The Illinois Alcoholism and Other Drug | ||||||
18 | Dependency Act.
| ||||||
19 | (C) The Provider shall be in compliance with all | ||||||
20 | applicable requirements for services and service reporting | ||||||
21 | as specified in the following Department manuals or | ||||||
22 | handbooks:
| ||||||
23 | (1) DHS/DMH Provider Manual. | ||||||
24 | (2) DHS Mental Health CSA Program Manual. | ||||||
25 | (3) DHS/DMH PAS/MH Manual. | ||||||
26 | (4) Community Forensic Services Handbook. |
| |||||||
| |||||||
1 | (5) Community Mental Health Service Definitions | ||||||
2 | and Reimbursement Guide. | ||||||
3 | (6) DHS/DMH Collaborative Provider Manual. | ||||||
4 | (7) Handbook for Providers of Screening Assessment | ||||||
5 | and Support Services, Chapter CMH-200 Policy and | ||||||
6 | Procedures For Screening, Assessment and Support | ||||||
7 | Services. | ||||||
8 | (8) DHS Division of Substance Use Prevention and | ||||||
9 | Recovery DASA : | ||||||
10 | (a) Contractual Policy Manual. | ||||||
11 | (b) Medicaid Handbook. | ||||||
12 | (c) DARTS Manual. | ||||||
13 | (9) Division of Substance Use Prevention and | ||||||
14 | Recovery DASA Best Practice Program Guidelines for | ||||||
15 | Specific Populations. | ||||||
16 | (10) Division of Substance Use Prevention and | ||||||
17 | Recovery DASA Contract Program Manual.
| ||||||
18 | "Community behavioral healthcare services" means any of | ||||||
19 | the following: | ||||||
20 | (i) Behavioral health services, including, but not | ||||||
21 | limited to, prevention, intervention, or treatment care | ||||||
22 | services and support for eligible persons provided by a | ||||||
23 | vendor of the Department. | ||||||
24 | (ii) Referrals to providers of medical services and | ||||||
25 | other health-related services, including substance abuse | ||||||
26 | and mental health services. |
| |||||||
| |||||||
1 | (iii) Patient case management services, including | ||||||
2 | counseling, referral, and follow-up services, and other | ||||||
3 | services designed to assist community behavioral health | ||||||
4 | center patients in establishing eligibility for and | ||||||
5 | gaining access to federal, State, and local programs that | ||||||
6 | provide or financially support the provision of medical, | ||||||
7 | social, educational, or other related services. | ||||||
8 | (iv) Services that enable individuals to use the | ||||||
9 | services of the behavioral health center including | ||||||
10 | outreach and transportation services and, if a substantial | ||||||
11 | number of the individuals in the population are of limited | ||||||
12 | English-speaking ability, the services of appropriate | ||||||
13 | personnel fluent in the language spoken by a predominant | ||||||
14 | number of those individuals. | ||||||
15 | (v) Education of patients and the general population | ||||||
16 | served by the community behavioral health center regarding | ||||||
17 | the availability and proper use of behavioral health | ||||||
18 | services. | ||||||
19 | (vi) Additional behavioral healthcare services | ||||||
20 | consisting of services that are appropriate to meet the | ||||||
21 | health needs of the population served by the behavioral | ||||||
22 | health center involved and that may include housing | ||||||
23 | assistance. | ||||||
24 | "Department" means the Department of Human Services. | ||||||
25 | "Uninsured population" means persons who do not own private | ||||||
26 | healthcare insurance, are not part of a group insurance plan, |
| |||||||
| |||||||
1 | and are not eligible for any State or federal | ||||||
2 | government-sponsored healthcare program.
| ||||||
3 | (Source: P.A. 96-1380, eff. 7-29-10.)
| ||||||
4 | Section 35. The Illinois Police Training Act is amended by | ||||||
5 | changing Sections 7 and 10.18 as follows:
| ||||||
6 | (50 ILCS 705/7) (from Ch. 85, par. 507)
| ||||||
7 | Sec. 7. Rules and standards for schools. The Board shall | ||||||
8 | adopt rules and
minimum standards for such schools which shall | ||||||
9 | include , but not be limited to ,
the following:
| ||||||
10 | a. The curriculum for probationary police officers | ||||||
11 | which shall be
offered by all certified schools shall | ||||||
12 | include , but not be limited to ,
courses of procedural | ||||||
13 | justice, arrest and use and control tactics, search and | ||||||
14 | seizure, including temporary questioning, civil rights, | ||||||
15 | human rights, human relations,
cultural competency, | ||||||
16 | including implicit bias and racial and ethnic sensitivity,
| ||||||
17 | criminal law, law of criminal procedure, constitutional | ||||||
18 | and proper use of law enforcement authority, vehicle and | ||||||
19 | traffic law including
uniform and non-discriminatory | ||||||
20 | enforcement of the Illinois Vehicle Code,
traffic control | ||||||
21 | and accident investigation, techniques of obtaining
| ||||||
22 | physical evidence, court testimonies, statements, reports, | ||||||
23 | firearms
training, training in the use of electronic | ||||||
24 | control devices, including the psychological and |
| |||||||
| |||||||
1 | physiological effects of the use of those devices on | ||||||
2 | humans, first-aid (including cardiopulmonary | ||||||
3 | resuscitation), training in the administration of opioid | ||||||
4 | antagonists as defined in paragraph (1) of subsection (e) | ||||||
5 | of Section 5-23 of the Substance Use Disorder Act, | ||||||
6 | Alcoholism and Other Drug Abuse and Dependency Act, | ||||||
7 | handling of
juvenile offenders, recognition of
mental | ||||||
8 | conditions and crises, including, but not limited to, the | ||||||
9 | disease of addiction, which require immediate assistance | ||||||
10 | and response and methods to
safeguard and provide | ||||||
11 | assistance to a person in need of mental
treatment, | ||||||
12 | recognition of abuse, neglect, financial exploitation, and | ||||||
13 | self-neglect of adults with disabilities and older adults, | ||||||
14 | as defined in Section 2 of the Adult Protective Services | ||||||
15 | Act, crimes against the elderly, law of evidence, the | ||||||
16 | hazards of high-speed police vehicle
chases with an | ||||||
17 | emphasis on alternatives to the high-speed chase, and
| ||||||
18 | physical training. The curriculum shall include specific | ||||||
19 | training in
techniques for immediate response to and | ||||||
20 | investigation of cases of domestic
violence and of sexual | ||||||
21 | assault of adults and children, including cultural | ||||||
22 | perceptions and common myths of sexual assault and sexual | ||||||
23 | abuse as well as interview techniques that are trauma | ||||||
24 | informed, victim centered, and victim sensitive. The | ||||||
25 | curriculum shall include
training in techniques designed | ||||||
26 | to promote effective
communication at the initial contact |
| |||||||
| |||||||
1 | with crime victims and ways to comprehensively
explain to | ||||||
2 | victims and witnesses their rights under the Rights
of | ||||||
3 | Crime Victims and Witnesses Act and the Crime
Victims | ||||||
4 | Compensation Act. The curriculum shall also include | ||||||
5 | training in effective recognition of and responses to | ||||||
6 | stress, trauma, and post-traumatic stress experienced by | ||||||
7 | police officers. The curriculum shall also include a block | ||||||
8 | of instruction aimed at identifying and interacting with | ||||||
9 | persons with autism and other developmental or physical | ||||||
10 | disabilities, reducing barriers to reporting crimes | ||||||
11 | against persons with autism, and addressing the unique | ||||||
12 | challenges presented by cases involving victims or | ||||||
13 | witnesses with autism and other developmental | ||||||
14 | disabilities. The curriculum for
permanent police officers | ||||||
15 | shall include , but not be limited to : (1) refresher
and | ||||||
16 | in-service training in any of the courses listed above in | ||||||
17 | this
subparagraph, (2) advanced courses in any of the | ||||||
18 | subjects listed above in
this subparagraph, (3) training | ||||||
19 | for supervisory personnel, and (4)
specialized training in | ||||||
20 | subjects and fields to be selected by the board. The | ||||||
21 | training in the use of electronic control devices shall be | ||||||
22 | conducted for probationary police officers, including | ||||||
23 | University police officers.
| ||||||
24 | b. Minimum courses of study, attendance requirements | ||||||
25 | and equipment
requirements.
| ||||||
26 | c. Minimum requirements for instructors.
|
| |||||||
| |||||||
1 | d. Minimum basic training requirements, which a | ||||||
2 | probationary police
officer must satisfactorily complete | ||||||
3 | before being eligible for permanent
employment as a local | ||||||
4 | law enforcement officer for a participating local
| ||||||
5 | governmental agency. Those requirements shall include | ||||||
6 | training in first aid
(including cardiopulmonary | ||||||
7 | resuscitation).
| ||||||
8 | e. Minimum basic training requirements, which a | ||||||
9 | probationary county
corrections officer must | ||||||
10 | satisfactorily complete before being eligible for
| ||||||
11 | permanent employment as a county corrections officer for a | ||||||
12 | participating
local governmental agency.
| ||||||
13 | f. Minimum basic training requirements which a | ||||||
14 | probationary court
security officer must satisfactorily | ||||||
15 | complete before being eligible for
permanent employment as | ||||||
16 | a court security officer for a participating local
| ||||||
17 | governmental agency. The Board shall
establish those | ||||||
18 | training requirements which it considers appropriate for | ||||||
19 | court
security officers and shall certify schools to | ||||||
20 | conduct that training.
| ||||||
21 | A person hired to serve as a court security officer | ||||||
22 | must obtain from the
Board a certificate (i) attesting to | ||||||
23 | his or her successful completion of the
training course; | ||||||
24 | (ii) attesting to his or her satisfactory
completion of a | ||||||
25 | training program of similar content and number of hours | ||||||
26 | that
has been found acceptable by the Board under the |
| |||||||
| |||||||
1 | provisions of this Act; or
(iii) attesting to the Board's | ||||||
2 | determination that the training
course is unnecessary | ||||||
3 | because of the person's extensive prior law enforcement
| ||||||
4 | experience.
| ||||||
5 | Individuals who currently serve as court security | ||||||
6 | officers shall be deemed
qualified to continue to serve in | ||||||
7 | that capacity so long as they are certified
as provided by | ||||||
8 | this Act within 24 months of June 1, 1997 (the effective | ||||||
9 | date of Public Act 89-685). Failure to be so certified, | ||||||
10 | absent a waiver from the
Board, shall cause the officer to | ||||||
11 | forfeit his or her position.
| ||||||
12 | All individuals hired as court security officers on or | ||||||
13 | after June 1, 1997 ( the effective
date of Public Act | ||||||
14 | 89-685) this amendatory Act of 1996 shall be certified | ||||||
15 | within 12 months of the
date of their hire, unless a waiver | ||||||
16 | has been obtained by the Board, or they
shall forfeit their | ||||||
17 | positions.
| ||||||
18 | The Sheriff's Merit Commission, if one exists, or the | ||||||
19 | Sheriff's Office if
there is no Sheriff's Merit Commission, | ||||||
20 | shall maintain a list of all
individuals who have filed | ||||||
21 | applications to become court security officers and
who meet | ||||||
22 | the eligibility requirements established under this Act. | ||||||
23 | Either
the Sheriff's Merit Commission, or the Sheriff's | ||||||
24 | Office if no Sheriff's Merit
Commission exists, shall | ||||||
25 | establish a schedule of reasonable intervals for
| ||||||
26 | verification of the applicants' qualifications under
this |
| |||||||
| |||||||
1 | Act and as established by the Board.
| ||||||
2 | g. Minimum in-service training requirements, which a | ||||||
3 | police officer must satisfactorily complete every 3 years. | ||||||
4 | Those requirements shall include constitutional and proper | ||||||
5 | use of law enforcement authority, procedural justice, | ||||||
6 | civil rights, human rights, mental health awareness and | ||||||
7 | response, and cultural competency. | ||||||
8 | h. Minimum in-service training requirements, which a | ||||||
9 | police officer must satisfactorily complete at least | ||||||
10 | annually. Those requirements shall include law updates and | ||||||
11 | use of force training which shall include scenario based | ||||||
12 | training, or similar training approved by the Board. | ||||||
13 | (Source: P.A. 99-352, eff. 1-1-16; 99-480, eff. 9-9-15; 99-642, | ||||||
14 | eff. 7-28-16; 99-801, eff. 1-1-17; 100-121, eff. 1-1-18; | ||||||
15 | 100-247, eff. 1-1-18; revised 10-3-17.)
| ||||||
16 | (50 ILCS 705/10.18) | ||||||
17 | Sec. 10.18. Training; administration of opioid | ||||||
18 | antagonists. The Board shall conduct or approve an in-service | ||||||
19 | training program for police officers in the administration of | ||||||
20 | opioid antagonists as defined in paragraph (1) of subsection | ||||||
21 | (e) of Section 5-23 of the Substance Use Disorder Act | ||||||
22 | Alcoholism and Other Drug Abuse and Dependency Act that is in | ||||||
23 | accordance with that Section. As used in this Section, the term | ||||||
24 | "police officers" includes full-time or part-time probationary | ||||||
25 | police officers, permanent or part-time police officers, law |
| |||||||
| |||||||
1 | enforcement officers, recruits, permanent or probationary | ||||||
2 | county corrections officers, permanent or probationary county | ||||||
3 | security officers, and court security officers. The term does | ||||||
4 | not include auxiliary police officers as defined in Section | ||||||
5 | 3.1-30-20 of the Illinois Municipal Code.
| ||||||
6 | (Source: P.A. 99-480, eff. 9-9-15; 99-642, eff. 7-28-16.)
| ||||||
7 | Section 40. The Illinois Fire Protection Training Act is | ||||||
8 | amended by changing Sections 8 and 12.5 as follows:
| ||||||
9 | (50 ILCS 740/8) (from Ch. 85, par. 538)
| ||||||
10 | Sec. 8. Rules and minimum standards for schools. The Office
| ||||||
11 | shall adopt rules and minimum standards for such
schools which | ||||||
12 | shall include but not be limited to the following:
| ||||||
13 | a. Minimum courses of study, resources, facilities, | ||||||
14 | apparatus,
equipment, reference material, established | ||||||
15 | records and procedures as
determined by the Office.
| ||||||
16 | b. Minimum requirements for instructors.
| ||||||
17 | c. Minimum basic training requirements, which a | ||||||
18 | trainee must
satisfactorily complete before being eligible | ||||||
19 | for permanent employment
as a fire fighter in the fire | ||||||
20 | department of a participating local
governmental agency.
| ||||||
21 | Those requirements shall include training in first aid | ||||||
22 | (including
cardiopulmonary resuscitation) and training in | ||||||
23 | the administration of opioid antagonists as defined in | ||||||
24 | paragraph (1) of subsection (e) of Section 5-23 of the |
| |||||||
| |||||||
1 | Substance Use Disorder Act Alcoholism and Other Drug Abuse | ||||||
2 | and Dependency Act .
| ||||||
3 | (Source: P.A. 99-480, eff. 9-9-15.)
| ||||||
4 | (50 ILCS 740/12.5) | ||||||
5 | Sec. 12.5. In-service training; opioid antagonists. The | ||||||
6 | Office shall distribute an in-service training program for fire | ||||||
7 | fighters in the administration of opioid antagonists as defined | ||||||
8 | in paragraph (1) of subsection (e) of Section 5-23 of the | ||||||
9 | Substance Use Disorder Act Alcoholism and Other Drug Abuse and | ||||||
10 | Dependency Act that is developed by the Department of Human | ||||||
11 | Services in accordance with that Section. As used in this | ||||||
12 | Section 12.5, the term "fire fighters" includes full-time or | ||||||
13 | part-time fire fighters, but does not include auxiliary, | ||||||
14 | reserve, or volunteer firefighters.
| ||||||
15 | (Source: P.A. 99-480, eff. 9-9-15.)
| ||||||
16 | Section 45. The Counties Code is amended by changing | ||||||
17 | Section 5-1103 as follows:
| ||||||
18 | (55 ILCS 5/5-1103) (from Ch. 34, par. 5-1103)
| ||||||
19 | Sec. 5-1103. Court services fee. A county board may enact | ||||||
20 | by ordinance or
resolution a court services fee dedicated to | ||||||
21 | defraying court security expenses
incurred by the sheriff in | ||||||
22 | providing court services or for any other court
services deemed | ||||||
23 | necessary by the sheriff to provide for court security,
|
| |||||||
| |||||||
1 | including without limitation court services provided pursuant | ||||||
2 | to Section
3-6023, as now or hereafter amended. Such fee shall | ||||||
3 | be paid in civil cases by
each party at the time of filing the | ||||||
4 | first pleading, paper or other appearance;
provided that no | ||||||
5 | additional fee shall be required if more than one party is
| ||||||
6 | represented in a single pleading, paper or other appearance. In | ||||||
7 | criminal,
local ordinance, county ordinance, traffic and | ||||||
8 | conservation cases, such fee
shall be assessed against the | ||||||
9 | defendant upon a plea of guilty, stipulation of
facts or | ||||||
10 | findings of guilty, resulting in a judgment of conviction, or | ||||||
11 | order of
supervision, or sentence of probation without entry of | ||||||
12 | judgment pursuant to
Section 10 of the Cannabis Control Act, | ||||||
13 | Section 410 of the Illinois Controlled
Substances Act, Section | ||||||
14 | 70 of the Methamphetamine Control and Community Protection Act,
| ||||||
15 | Section 12-4.3 or subdivision (b)(1) of Section 12-3.05 of the | ||||||
16 | Criminal Code of 1961 or the Criminal Code of 2012, Section | ||||||
17 | 10-102 of
the Illinois Alcoholism and Other Drug Dependency | ||||||
18 | Act, Section 40-10 of the
Substance Use Disorder Act, | ||||||
19 | Alcoholism and Other Drug Abuse and Dependency Act, or Section | ||||||
20 | 10 of the
Steroid Control Act. In setting such fee, the county | ||||||
21 | board may impose,
with
the concurrence of the Chief Judge of | ||||||
22 | the judicial circuit in which the county
is located by | ||||||
23 | administrative order entered by the Chief Judge,
differential
| ||||||
24 | rates for the various types or categories of criminal and civil | ||||||
25 | cases, but the
maximum rate shall not exceed $25, unless the | ||||||
26 | fee is set according to an acceptable cost study in accordance |
| |||||||
| |||||||
1 | with Section 4-5001 of the Counties Code.
All proceeds from | ||||||
2 | this fee must be used to defray court security expenses
| ||||||
3 | incurred by the sheriff in providing court services.
No fee | ||||||
4 | shall be imposed or collected,
however, in traffic, | ||||||
5 | conservation, and ordinance cases in which fines are paid
| ||||||
6 | without a court appearance. The fees shall be collected in the | ||||||
7 | manner in which
all other court fees or costs are collected and | ||||||
8 | shall be deposited into the
county general fund for payment | ||||||
9 | solely of costs incurred by the sheriff in
providing court | ||||||
10 | security or for any other court services deemed necessary by
| ||||||
11 | the sheriff to provide for court security.
| ||||||
12 | (Source: P.A. 99-265, eff. 1-1-16 .)
| ||||||
13 | Section 46. The Drug School Act is amended by changing | ||||||
14 | Sections 10, 15, and 40 as follows:
| ||||||
15 | (55 ILCS 130/10)
| ||||||
16 | Sec. 10. Definition. As used in this Act, "drug school" | ||||||
17 | means a drug intervention and education program established and | ||||||
18 | administered by the State's Attorney's Office of a particular | ||||||
19 | county as an alternative to traditional prosecution. A drug | ||||||
20 | school shall include, but not be limited to, the following core | ||||||
21 | components: | ||||||
22 | (1) No less than 10 and no more than 20 hours of drug | ||||||
23 | education delivered by an organization licensed, certified | ||||||
24 | or otherwise authorized by the Illinois Department of Human |
| |||||||
| |||||||
1 | Services, Division of Substance Use Prevention and | ||||||
2 | Recovery Alcoholism and Substance Abuse to provide | ||||||
3 | treatment, intervention, education or other such services. | ||||||
4 | This education is to be delivered at least once per week at | ||||||
5 | a class of no less than one hour and no greater than 4 | ||||||
6 | hours, and with a class size no larger than 40 individuals. | ||||||
7 | (2) Curriculum designed to present the harmful effects | ||||||
8 | of drug use on the individual, family and community, | ||||||
9 | including the relationship between drug use and criminal | ||||||
10 | behavior, as well as instruction regarding the application | ||||||
11 | procedure for the sealing and expungement of records of | ||||||
12 | arrest and any other record of the proceedings of the case | ||||||
13 | for which the individual was mandated to attend the drug | ||||||
14 | school. | ||||||
15 | (3) Education regarding the practical consequences of | ||||||
16 | conviction and continued justice involvement. Such | ||||||
17 | consequences of drug use will include the negative | ||||||
18 | physiological, psychological, societal, familial, and | ||||||
19 | legal areas. Additionally, the practical limitations | ||||||
20 | imposed by a drug conviction on one's vocational, | ||||||
21 | educational, financial, and residential options will be | ||||||
22 | addressed. | ||||||
23 | (4) A process for monitoring and reporting attendance | ||||||
24 | such that the State's Attorney in the county where the drug | ||||||
25 | school is being operated is informed of class attendance no | ||||||
26 | more than 48 hours after each class. |
| |||||||
| |||||||
1 | (5) A process for capturing data on drug school | ||||||
2 | participants, including but not limited to total | ||||||
3 | individuals served, demographics of those individuals, | ||||||
4 | rates of attendance, and frequency of future justice | ||||||
5 | involvement for drug school participants and other data as | ||||||
6 | may be required by the Division of Substance Use Prevention | ||||||
7 | and Recovery Alcoholism and Substance Abuse .
| ||||||
8 | (Source: P.A. 95-160, eff. 1-1-08.)
| ||||||
9 | (55 ILCS 130/15)
| ||||||
10 | Sec. 15. Authorization. | ||||||
11 | (a) Each State's Attorney may establish a drug school | ||||||
12 | operated under the terms of this Act. The purpose of the drug | ||||||
13 | school shall be to provide an alternative to prosecution by | ||||||
14 | identifying drug-involved individuals for the purpose of | ||||||
15 | intervening with their drug use before their criminal | ||||||
16 | involvement becomes severe. The State's Attorney shall | ||||||
17 | identify criteria to be used in determining eligibility for the | ||||||
18 | drug school. Only those participants who successfully complete | ||||||
19 | the requirements of the drug school, as certified by the | ||||||
20 | State's Attorney, are eligible to apply for the sealing and | ||||||
21 | expungement of records of arrest and any other record of the | ||||||
22 | proceedings of the case for which the individual was mandated | ||||||
23 | to attend the drug school. | ||||||
24 | (b) A State's Attorney seeking to establish a drug school | ||||||
25 | may apply to the Division of Substance Use Prevention and |
| |||||||
| |||||||
1 | Recovery Alcoholism and Substance Abuse of the Illinois | ||||||
2 | Department of Human Services ("DASA") for funding to establish | ||||||
3 | and operate a drug school within his or her respective county. | ||||||
4 | Nothing in this subsection shall prevent State's Attorneys from | ||||||
5 | establishing drug schools within their counties without | ||||||
6 | funding from the Division of Substance Use Prevention and | ||||||
7 | Recovery DASA . | ||||||
8 | (c) Nothing in this Act shall prevent 2 or more State's | ||||||
9 | Attorneys from applying jointly for funding as provided in | ||||||
10 | subsection (b) for the purpose of establishing a drug school | ||||||
11 | that serves multiple counties. | ||||||
12 | (d) Drug schools established through funding from the | ||||||
13 | Division of Substance Use Prevention and Recovery DASA shall | ||||||
14 | operate according to the guidelines established thereby and the | ||||||
15 | provisions of this Act.
| ||||||
16 | (Source: P.A. 95-160, eff. 1-1-08.)
| ||||||
17 | (55 ILCS 130/40)
| ||||||
18 | Sec. 40. Appropriations to the Division of Substance Use | ||||||
19 | Prevention and Recovery DASA . | ||||||
20 | (a) Moneys shall be appropriated to the Department of Human | ||||||
21 | Services' Division of Substance Use Prevention and Recovery | ||||||
22 | DASA to enable the Division DASA (i) to contract with Cook | ||||||
23 | County, and (ii) counties other than Cook County to reimburse | ||||||
24 | for services delivered in those counties under the county Drug | ||||||
25 | School program. |
| |||||||
| |||||||
1 | (b) The Division of Substance Use Prevention and Recovery | ||||||
2 | DASA shall establish rules and procedures for reimbursements | ||||||
3 | paid to the Cook County Treasurer which are not subject to | ||||||
4 | county appropriation and are not intended to supplant monies | ||||||
5 | currently expended by Cook County to operate its drug school | ||||||
6 | program. Cook County is required to maintain its efforts with | ||||||
7 | regard to its drug school program. | ||||||
8 | (c) Expenditure of moneys under this Section is subject to | ||||||
9 | audit by the Auditor General. | ||||||
10 | (d) In addition to reporting required by the Division of | ||||||
11 | Substance Use Prevention and Recovery DASA , State's Attorneys | ||||||
12 | receiving monies under this Section shall each report | ||||||
13 | separately to the General Assembly by January 1, 2008 and each | ||||||
14 | and every following January 1 for as long as the services are | ||||||
15 | in existence, detailing the need for continued services and | ||||||
16 | contain any suggestions for changes to this Act.
| ||||||
17 | (Source: P.A. 95-160, eff. 1-1-08.)
| ||||||
18 | Section 50. The Township Code is amended by changing | ||||||
19 | Sections 30-145 and 190-10 as follows:
| ||||||
20 | (60 ILCS 1/30-145)
| ||||||
21 | Sec. 30-145. Mental health services. If a township is not | ||||||
22 | included in a
mental health district organized under the | ||||||
23 | Community Mental Health Act, the
electors may authorize the | ||||||
24 | board of trustees to provide mental health
services (including |
| |||||||
| |||||||
1 | services for the
alcoholic and the drug addicted, and for | ||||||
2 | persons with intellectual disabilities) for residents of the
| ||||||
3 | township by disbursing existing funds if available by | ||||||
4 | contracting
with mental health agencies
approved by the | ||||||
5 | Department of Human Services,
alcoholism treatment programs | ||||||
6 | licensed by the Department of Public Health, and
treatment drug | ||||||
7 | abuse facilities and other services for substance use disorders | ||||||
8 | alcohol and drug abuse services approved by the
Department of | ||||||
9 | Human Services. To be
eligible to receive
township funds, an | ||||||
10 | agency, program, facility, or other service provider must
have | ||||||
11 | been in existence for more than one year and must serve the | ||||||
12 | township
area.
| ||||||
13 | (Source: P.A. 99-143, eff. 7-27-15.)
| ||||||
14 | (60 ILCS 1/190-10)
| ||||||
15 | Sec. 190-10. Mental health services. If a township is not | ||||||
16 | included in a
mental health district organized under the | ||||||
17 | Community Mental Health Act, the
township board may provide | ||||||
18 | mental health services (including services for the
alcoholic | ||||||
19 | and the drug addicted, and for persons with intellectual | ||||||
20 | disabilities) for residents of the
township by disbursing | ||||||
21 | funds, pursuant to an appropriation, to mental health
agencies | ||||||
22 | approved by the Department of Human Services, alcoholism | ||||||
23 | treatment
programs licensed by the Department of
Public Health, | ||||||
24 | drug abuse facilities approved by the Department of Human
| ||||||
25 | Services, and other services for substance use disorders |
| |||||||
| |||||||
1 | alcoholism and drug
abuse services approved by
the Department | ||||||
2 | of Human Services. To be
eligible for township
funds disbursed | ||||||
3 | under this Section, an agency, program, facility, or other
| ||||||
4 | service provider must have been in existence for more than one | ||||||
5 | year and serve
the township area.
| ||||||
6 | (Source: P.A. 99-143, eff. 7-27-15.)
| ||||||
7 | Section 55. The School Code is amended by changing Section | ||||||
8 | 22-30 as follows:
| ||||||
9 | (105 ILCS 5/22-30)
| ||||||
10 | Sec. 22-30. Self-administration and self-carry of asthma | ||||||
11 | medication and epinephrine auto-injectors; administration of | ||||||
12 | undesignated epinephrine auto-injectors; administration of an | ||||||
13 | opioid antagonist; asthma episode emergency response protocol.
| ||||||
14 | (a) For the purpose of this Section only, the following | ||||||
15 | terms shall have the meanings set forth below:
| ||||||
16 | "Asthma action plan" means a written plan developed with a | ||||||
17 | pupil's medical provider to help control the pupil's asthma. | ||||||
18 | The goal of an asthma action plan is to reduce or prevent | ||||||
19 | flare-ups and emergency department visits through day-to-day | ||||||
20 | management and to serve as a student-specific document to be | ||||||
21 | referenced in the event of an asthma episode. | ||||||
22 | "Asthma episode emergency response protocol" means a | ||||||
23 | procedure to provide assistance to a pupil experiencing | ||||||
24 | symptoms of wheezing, coughing, shortness of breath, chest |
| |||||||
| |||||||
1 | tightness, or breathing difficulty. | ||||||
2 | "Asthma inhaler" means a quick reliever asthma inhaler. | ||||||
3 | "Epinephrine auto-injector" means a single-use device used | ||||||
4 | for the automatic injection of a pre-measured dose of | ||||||
5 | epinephrine into the human body.
| ||||||
6 | "Asthma medication" means a medicine, prescribed by (i) a | ||||||
7 | physician
licensed to practice medicine in all its branches,
| ||||||
8 | (ii) a licensed physician assistant with prescriptive | ||||||
9 | authority, or (iii) a licensed advanced practice registered
| ||||||
10 | nurse with prescriptive authority
for a pupil that pertains to | ||||||
11 | the pupil's
asthma and that has an individual prescription | ||||||
12 | label.
| ||||||
13 | "Opioid antagonist" means a drug that binds to opioid | ||||||
14 | receptors and blocks or inhibits the effect of opioids acting | ||||||
15 | on those receptors, including, but not limited to, naloxone | ||||||
16 | hydrochloride or any other similarly acting drug approved by | ||||||
17 | the U.S. Food and Drug Administration. | ||||||
18 | "School nurse" means a registered nurse working in a school | ||||||
19 | with or without licensure endorsed in school nursing. | ||||||
20 | "Self-administration" means a pupil's discretionary use of | ||||||
21 | his or
her prescribed asthma medication or epinephrine | ||||||
22 | auto-injector.
| ||||||
23 | "Self-carry" means a pupil's ability to carry his or her | ||||||
24 | prescribed asthma medication or epinephrine auto-injector. | ||||||
25 | "Standing protocol" may be issued by (i) a physician | ||||||
26 | licensed to practice medicine in all its branches, (ii) a |
| |||||||
| |||||||
1 | licensed physician assistant with prescriptive authority, or | ||||||
2 | (iii) a licensed advanced practice registered nurse with | ||||||
3 | prescriptive authority. | ||||||
4 | "Trained personnel" means any school employee or volunteer | ||||||
5 | personnel authorized in Sections 10-22.34, 10-22.34a, and | ||||||
6 | 10-22.34b of this Code who has completed training under | ||||||
7 | subsection (g) of this Section to recognize and respond to | ||||||
8 | anaphylaxis. | ||||||
9 | "Undesignated epinephrine auto-injector" means an | ||||||
10 | epinephrine auto-injector prescribed in the name of a school | ||||||
11 | district, public school, or nonpublic school. | ||||||
12 | (b) A school, whether public or nonpublic, must permit the
| ||||||
13 | self-administration and self-carry of asthma
medication by a | ||||||
14 | pupil with asthma or the self-administration and self-carry of | ||||||
15 | an epinephrine auto-injector by a pupil, provided that:
| ||||||
16 | (1) the parents or
guardians of the pupil provide to | ||||||
17 | the school (i) written
authorization from the parents or | ||||||
18 | guardians for (A) the self-administration and self-carry | ||||||
19 | of asthma medication or (B) the self-carry of asthma | ||||||
20 | medication or (ii) for (A) the self-administration and | ||||||
21 | self-carry of an epinephrine auto-injector or (B) the | ||||||
22 | self-carry of an epinephrine auto-injector, written |