Bill Text: IL HB4795 | 2017-2018 | 100th General Assembly | Chaptered


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 3-0)

Status: (Passed) 2018-08-10 - Public Act . . . . . . . . . 100-0759 [HB4795 Detail]

Download: Illinois-2017-HB4795-Chaptered.html



Public Act 100-0759
HB4795 EnrolledLRB100 16079 KTG 31198 b
AN ACT concerning State government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Alcoholism and Other Drug Abuse and
Dependency Act is amended by changing the title of the Act and
by changing Sections 1-1, 1-5, 1-10, 5-5, 5-10, 5-20, 5-23,
10-5, 10-10, 10-15, 10-35, 15-5, 15-10, 20-5, 20-10, 20-15,
25-5, 25-10, 25-15, 25-20, 30-5, 35-5, 35-10, 40-5, 40-10,
40-15, 45-5, 50-10, 50-20, 50-40, 55-25, and 55-30 and the
heading of Article 40 as follows:
(20 ILCS 301/Act title)
An Act in relation to substance use disorders alcoholism,
other drug abuse and dependency, and compulsive gambling, and
amending and repealing named Acts.
(20 ILCS 301/1-1)
Sec. 1-1. Short Title. This Act may be cited as the
Substance Use Disorder Act. Alcoholism and Other Drug Abuse and
Dependency Act.
(Source: P.A. 88-80.)
(20 ILCS 301/1-5)
Sec. 1-5. Legislative Declaration. Substance use
disorders, as defined in this Act, constitute The abuse and
misuse of alcohol and other drugs constitutes a serious public
health problem. The effects the effects of which on public
safety and the criminal justice system cause serious social and
economic losses, as well as great human suffering. It is
imperative that a comprehensive and coordinated strategy be
developed under the leadership of a State agency. This strategy
should be and implemented through the facilities of federal and
local government and community-based agencies (which may be
public or private, volunteer or professional). Through local
prevention, early intervention, treatment, and other recovery
support services, this strategy should empower those
struggling with substance use disorders (and, when
appropriate, the families of those persons) to lead healthy
lives. to empower individuals and communities through local
prevention efforts and to provide intervention, treatment,
rehabilitation and other services to those who misuse alcohol
or other drugs (and, when appropriate, the families of those
persons) to lead healthy and drug-free lives and become
productive citizens in the community.
The human, social, and economic benefits of preventing
substance use disorders alcohol and other drug abuse and
dependence are great, and it is imperative that there be
interagency cooperation in the planning and delivery of
prevention, early intervention, treatment, and other recovery
support services in Illinois. alcohol and other drug abuse
prevention, intervention, and treatment efforts in Illinois.
The provisions of this Act shall be liberally construed to
enable the Department to carry out these objectives and
purposes.
(Source: P.A. 88-80.)
(20 ILCS 301/1-10)
Sec. 1-10. Definitions. As used in this Act, unless the
context clearly indicates otherwise, the following words and
terms have the following meanings:
"Case management" means a coordinated approach to the
delivery of health and medical treatment, substance use
disorder treatment, mental health treatment, and social
services, linking patients with appropriate services to
address specific needs and achieve stated goals. In general,
case management assists patients with other disorders and
conditions that require multiple services over extended
periods of time and who face difficulty in gaining access to
those services.
"Crime of violence" means any of the following crimes:
murder, voluntary manslaughter, criminal sexual assault,
aggravated criminal sexual assault, predatory criminal sexual
assault of a child, armed robbery, robbery, arson, kidnapping,
aggravated battery, aggravated arson, or any other felony that
involves the use or threat of physical force or violence
against another individual.
"Department" means the Department of Human Services.
"DUI" means driving under the influence of alcohol or other
drugs.
"Designated program" means a category of service
authorized by an intervention license issued by the Department
for delivery of all services as described in Article 40 in this
Act.
"Early intervention" means services, authorized by a
treatment license, that are sub-clinical and pre-diagnostic
and that are designed to screen, identify, and address risk
factors that may be related to problems associated with
substance use disorders and to assist individuals in
recognizing harmful consequences. Early intervention services
facilitate emotional and social stability and involves
referrals for treatment, as needed.
"Facility" means the building or premises are used for the
provision of licensable services, including support services,
as set forth by rule.
"Gambling disorder" means persistent and recurring
maladaptive gambling behavior that disrupts personal, family,
or vocational pursuits.
"Holds itself out" means any activity that would lead one
to reasonably conclude that the individual or entity provides
or intends to provide licensable substance-related disorder
intervention or treatment services. Such activities include,
but are not limited to, advertisements, notices, statements, or
contractual arrangements with managed care organizations,
private health insurance, or employee assistance programs to
provide services that require a license as specified in Article
15.
"Informed consent" means legally valid written consent,
given by a client, patient, or legal guardian, that authorizes
intervention or treatment services from a licensed
organization and that documents agreement to participate in
those services and knowledge of the consequences of withdrawal
from such services. Informed consent also acknowledges the
client's or patient's right to a conflict-free choice of
services from any licensed organization and the potential risks
and benefits of selected services.
"Intoxicated person" means a person whose mental or
physical functioning is substantially impaired as a result of
the current effects of alcohol or other drugs within the body.
"Medication assisted treatment" means the prescription of
medications that are approved by the U.S. Food and Drug
Administration and the Center for Substance Abuse Treatment to
assist with treatment for a substance use disorder and to
support recovery for individuals receiving services in a
facility licensed by the Department. Medication assisted
treatment includes opioid treatment services as authorized by a
Department license.
"Off-site services" means licensable services are
conducted at a location separate from the licensed location of
the provider, and services are operated by an entity licensed
under this Act and approved in advance by the Department.
"Person" means any individual, firm, group, association,
partnership, corporation, trust, government or governmental
subdivision or agency.
"Prevention" means an interactive process of individuals,
families, schools, religious organizations, communities and
regional, state and national organizations whose goals are to
reduce the prevalence of substance use disorders, prevent the
use of illegal drugs and the abuse of legal drugs by persons of
all ages, prevent the use of alcohol by minors, build the
capacities of individuals and systems, and promote healthy
environments, lifestyles, and behaviors.
"Recovery" means a process of change through which
individuals improve their health and wellness, live a
self-directed life, and reach their full potential.
"Recovery support" means services designed to support
individual recovery from a substance use disorder that may be
delivered pre-treatment, during treatment, or post treatment.
These services may be delivered in a wide variety of settings
for the purpose of supporting the individual in meeting his or
her recovery support goals.
"Secretary" means the Secretary of the Department of Human
Services or his or her designee.
"Substance use disorder" means a spectrum of persistent and
recurring problematic behavior that encompasses 10 separate
classes of drugs: alcohol; caffeine; cannabis; hallucinogens;
inhalants; opioids; sedatives, hypnotics and anxiolytics;
stimulants; and tobacco; and other unknown substances leading
to clinically significant impairment or distress.
"Treatment" means the broad range of emergency,
outpatient, and residential care (including assessment,
diagnosis, case management, treatment, and recovery support
planning) may be extended to individuals with substance use
disorders or to the families of those persons.
"Withdrawal management" means services designed to manage
intoxication or withdrawal episodes (previously referred to as
detoxification), interrupt the momentum of habitual,
compulsive substance use and begin the initial engagement in
medically necessary substance use disorder treatment.
Withdrawal management allows patients to safely withdraw from
substances in a controlled medically-structured environment.
"Act" means the Alcoholism and Other Drug Abuse and
Dependency Act.
"Addict" means a person who exhibits the disease known as
"addiction".
"Addiction" means a disease process characterized by the
continued use of a specific psycho-active substance despite
physical, psychological or social harm. The term also describes
the advanced stages of chemical dependency.
"Administrator" means a person responsible for
administration of a program.
"Alcoholic" means a person who exhibits the disease known
as "alcoholism".
"Alcoholism" means a chronic and progressive disease or
illness characterized by preoccupation with and loss of control
over the consumption of alcohol, and the use of alcohol despite
adverse consequences. Typically, combinations of the following
tendencies are also present: periodic or chronic intoxication;
physical disability; impaired emotional, occupational or
social adjustment; tendency toward relapse; a detrimental
effect on the individual, his family and society; psychological
dependence; and physical dependence. Alcoholism is also known
as addiction to alcohol. Alcoholism is described and further
categorized in clinical detail in the DSM and the ICD.
"Array of services" means assistance to individuals,
families and communities in response to alcohol or other drug
abuse or dependency. The array of services includes, but is not
limited to: prevention assistance for communities and schools;
case finding, assessment and intervention to help individuals
stop abusing alcohol or other drugs; a uniform screening,
assessment, and evaluation process including criteria for
substance use disorders and mental disorders or co-occurring
substance use and mental health disorders; case management;
detoxification to aid individuals in physically withdrawing
from alcohol or other drugs; short-term and long-term treatment
and support services to help individuals and family members
begin the process of recovery; prescription and dispensing of
the drug methadone or other medications as an adjunct to
treatment; relapse prevention services; education and
counseling for children or other co-dependents of alcoholics or
other drug abusers or addicts. For purposes of this Section, a
uniform screening, assessment, and evaluation process refers
to a process that includes an appropriate evaluation and, as
warranted, a referral. "Uniform" does not mean the use of a
singular instrument, tool, or process that all must utilize.
"Case management" means those services which will assist
individuals in gaining access to needed social, educational,
medical, treatment and other services.
"Children of alcoholics or drug addicts or abusers of
alcohol and other drugs" means the minor or adult children of
individuals who have abused or been dependent upon alcohol or
other drugs. These children may or may not become dependent
upon alcohol or other drugs themselves; however, they are
physically, psychologically, and behaviorally at high risk of
developing the illness. Children of alcoholics and other drug
abusers experience emotional and other problems, and benefit
from prevention and treatment services provided by funded and
non-funded agencies licensed by the Department.
"Co-dependents" means individuals who are involved in the
lives of and are affected by people who are dependent upon
alcohol and other drugs. Co-dependents compulsively engage in
behaviors that cause them to suffer adverse physical,
emotional, familial, social, behavioral, vocational, and legal
consequences as they attempt to cope with the alcohol or drug
dependent person. People who become co-dependents include
spouses, parents, siblings, and friends of alcohol or drug
dependent people. Co-dependents benefit from prevention and
treatment services provided by agencies licensed by the
Department.
"Controlled substance" means any substance or immediate
precursor which is enumerated in the schedules of Article II of
the Illinois Controlled Substances Act or the Cannabis Control
Act.
"Crime of violence" means any of the following crimes:
murder, voluntary manslaughter, criminal sexual assault,
aggravated criminal sexual assault, predatory criminal sexual
assault of a child, armed robbery, robbery, arson, kidnapping,
aggravated battery, aggravated arson, or any other felony which
involves the use or threat of physical force or violence
against another individual.
"Department" means the Illinois Department of Human
Services as successor to the former Department of Alcoholism
and Substance Abuse.
"Designated program" means a program designated by the
Department to provide services described in subsection (c) or
(d) of Section 15-10 of this Act. A designated program's
primary function is screening, assessing, referring and
tracking clients identified by the criminal justice system, and
the program agrees to apply statewide the standards, uniform
criteria and procedures established by the Department pursuant
to such designation.
"Detoxification" means the process of allowing an
individual to safely withdraw from a drug in a controlled
environment.
"DSM" means the most current edition of the Diagnostic and
Statistical Manual of Mental Disorders.
"D.U.I." means driving under the influence of alcohol or
other substances which may cause impairment of driving ability.
"Facility" means the building or premises which are used
for the provision of licensable program services, including
support services, as set forth by rule.
"ICD" means the most current edition of the International
Classification of Diseases.
"Incapacitated" means that a person is unconscious or
otherwise exhibits, by overt behavior or by extreme physical
debilitation, an inability to care for his own needs or to
recognize the obvious danger of his situation or to make
rational decisions with respect to his need for treatment.
"Intermediary person" means a person with expertise
relative to addiction, alcoholism, and the abuse of alcohol or
other drugs who may be called on to assist the police in
carrying out enforcement or other activities with respect to
persons who abuse or are dependent on alcohol or other drugs.
"Intervention" means readily accessible activities which
assist individuals and their partners or family members in
coping with the immediate problems of alcohol and other drug
abuse or dependency, and in reducing their alcohol and other
drug use. Intervention can facilitate emotional and social
stability, and involves referring people for further treatment
as needed.
"Intoxicated person" means a person whose mental or
physical functioning is substantially impaired as a result of
the current effects of alcohol or other drugs within the body.
"Local advisory council" means an alcohol and substance
abuse body established in a county, township or community area,
which represents public and private entities having an interest
in the prevention and treatment of alcoholism or other drug
abuse.
"Off-site services" means licensable program services or
activities which are conducted at a location separate from the
primary service location of the provider, and which services
are operated by a program or entity licensed under this Act.
"Person" means any individual, firm, group, association,
partnership, corporation, trust, government or governmental
subdivision or agency.
"Prevention" means an interactive process of individuals,
families, schools, religious organizations, communities and
regional, state and national organizations to reduce
alcoholism, prevent the use of illegal drugs and the abuse of
legal drugs by persons of all ages, prevent the use of alcohol
by minors, build the capacities of individuals and systems, and
promote healthy environments, lifestyles and behaviors.
"Program" means a licensable or fundable activity or
service, or a coordinated range of such activities or services,
as the Department may establish by rule.
"Recovery" means the long-term, often life-long, process
in which an addicted person changes the way in which he makes
decisions and establishes personal and life priorities. The
evolution of this decision-making and priority-setting process
is generally manifested by an obvious improvement in the
individual's life and lifestyle and by his overcoming the abuse
of or dependence on alcohol or other drugs. Recovery is also
generally manifested by prolonged periods of abstinence from
addictive chemicals which are not medically supervised.
Recovery is the goal of treatment.
"Rehabilitation" means a process whereby those clinical
services necessary and appropriate for improving an
individual's life and lifestyle and for overcoming his or her
abuse of or dependency upon alcohol or other drugs, or both,
are delivered in an appropriate setting and manner as defined
in rules established by the Department.
"Relapse" means a process which is manifested by a
progressive pattern of behavior that reactivates the symptoms
of a disease or creates debilitating conditions in an
individual who has experienced remission from addiction or
alcoholism.
"Secretary" means the Secretary of Human Services or his or
her designee.
"Substance abuse" or "abuse" means a pattern of use of
alcohol or other drugs with the potential of leading to
immediate functional problems or to alcoholism or other drug
dependency, or to the use of alcohol and/or other drugs solely
for purposes of intoxication. The term also means the use of
illegal drugs by persons of any age, and the use of alcohol by
persons under the age of 21.
"Treatment" means the broad range of emergency,
outpatient, intermediate and residential services and care
(including assessment, diagnosis, medical, psychiatric,
psychological and social services, care and counseling, and
aftercare) which may be extended to individuals who abuse or
are dependent on alcohol or other drugs or families of those
persons.
(Source: P.A. 97-1061, eff. 8-24-12.)
(20 ILCS 301/5-5)
Sec. 5-5. Successor department; home rule.
(a) The Department of Human Services, as successor to the
Department of Alcoholism and Substance Abuse, shall assume the
various rights, powers, duties, and functions provided for in
this Act.
(b) It is declared to be the public policy of this State,
pursuant to paragraphs (h) and (i) of Section 6 of Article VII
of the Illinois Constitution of 1970, that the powers and
functions set forth in this Act and expressly delegated to the
Department are exclusive State powers and functions. Nothing
herein prohibits the exercise of any power or the performance
of any function, including the power to regulate, for the
protection of the public health, safety, morals and welfare, by
any unit of local government, other than the powers and
functions set forth in this Act and expressly delegated to the
Department to be exclusive State powers and functions.
(c) The Department shall, through accountable and
efficient leadership, example and commitment to excellence,
strive to reduce the incidence of substance use disorders by:
and consequences of the abuse of alcohol and other drugs by:
(1) fostering public understanding of substance use
disorders and how they affect individuals, families, and
communities. alcoholism and addiction as illnesses which
affect individuals, co-dependents, families and
communities.
(2) promoting healthy lifestyles.
(3) promoting understanding and support for sound
public policies.
(4) ensuring quality prevention, early intervention,
treatment, and other recovery support intervention and
treatment programs and services that which are accessible
and responsive to the diverse needs of individuals,
families, and communities.
(Source: P.A. 88-80; 89-202, eff. 7-21-95; 89-507, eff.
7-1-97.)
(20 ILCS 301/5-10)
(Text of Section before amendment by P.A. 100-494)
Sec. 5-10. Functions of the Department.
(a) In addition to the powers, duties and functions vested
in the Department by this Act, or by other laws of this State,
the Department shall carry out the following activities:
(1) Design, coordinate and fund a comprehensive and
coordinated community-based and culturally and
gender-appropriate array of services throughout the State
for the prevention, intervention, treatment and
rehabilitation of alcohol and other drug abuse and
dependency that is accessible and addresses the needs of
at-risk or addicted individuals and their families.
(2) Act as the exclusive State agency to accept,
receive and expend, pursuant to appropriation, any public
or private monies, grants or services, including those
received from the federal government or from other State
agencies, for the purpose of providing an array of services
for the prevention, intervention, treatment and
rehabilitation of alcoholism or other drug abuse or
dependency. Monies received by the Department shall be
deposited into appropriate funds as may be created by State
law or administrative action.
(3) Coordinate a statewide strategy among State
agencies for the prevention, intervention, treatment and
rehabilitation of alcohol and other drug abuse and
dependency. This strategy shall include the development of
an annual comprehensive State plan for the provision of an
array of services for education, prevention, intervention,
treatment, relapse prevention and other services and
activities to alleviate alcoholism and other drug abuse and
dependency. The plan shall be based on local
community-based needs and upon data including, but not
limited to, that which defines the prevalence of and costs
associated with the abuse of and dependency upon alcohol
and other drugs. This comprehensive State plan shall
include identification of problems, needs, priorities,
services and other pertinent information, including the
needs of minorities and other specific populations in the
State, and shall describe how the identified problems and
needs will be addressed. For purposes of this paragraph,
the term "minorities and other specific populations" may
include, but shall not be limited to, groups such as women,
children, intravenous drug users, persons with AIDS or who
are HIV infected, African-Americans, Puerto Ricans,
Hispanics, Asian Americans, the elderly, persons in the
criminal justice system, persons who are clients of
services provided by other State agencies, persons with
disabilities and such other specific populations as the
Department may from time to time identify. In developing
the plan, the Department shall seek input from providers,
parent groups, associations and interested citizens.
Beginning with State fiscal year 1996, the annual
comprehensive State plan developed under this Section
shall include an explanation of the rationale to be used in
ensuring that funding shall be based upon local community
needs, including, but not limited to, the incidence and
prevalence of, and costs associated with, the abuse of and
dependency upon alcohol and other drugs, as well as upon
demonstrated program performance.
The annual comprehensive State plan developed under
this Section shall contain a report detailing the
activities of and progress made by the programs for the
care and treatment of addicted pregnant women, addicted
mothers and their children established under subsection
(j) of Section 35-5 of this Act.
Each State agency which provides or funds alcohol or
drug prevention, intervention and treatment services shall
annually prepare an agency plan for providing such
services, and these shall be used by the Department in
preparing the annual comprehensive statewide plan. Each
agency's annual plan for alcohol and drug abuse services
shall contain a report on the activities and progress of
such services in the prior year. The Department may provide
technical assistance to other State agencies, as required,
in the development of their agency plans.
(4) Lead, foster and develop cooperation, coordination
and agreements among federal and State governmental
agencies and local providers that provide assistance,
services, funding or other functions, peripheral or
direct, in the prevention, intervention, treatment or
rehabilitation of alcoholism and other drug abuse and
dependency. This shall include, but shall not be limited
to, the following:
(A) Cooperate with and assist the Department of
Corrections and the Department on Aging in
establishing and conducting programs relating to
alcoholism and other drug abuse and dependency among
those populations which they respectively serve.
(B) Cooperate with and assist the Illinois
Department of Public Health in the establishment,
funding and support of programs and services for the
promotion of maternal and child health and the
prevention and treatment of infectious diseases,
including but not limited to HIV infection, especially
with respect to those persons who may abuse drugs by
intravenous injection, or may have been sexual
partners of drug abusers, or may have abused substances
so that their immune systems are impaired, causing them
to be at high risk.
(C) Supply to the Department of Public Health and
prenatal care providers a list of all alcohol and other
drug abuse service providers for addicted pregnant
women in this State.
(D) Assist in the placement of child abuse or
neglect perpetrators (identified by the Illinois
Department of Children and Family Services) who have
been determined to be in need of alcohol or other drug
abuse services pursuant to Section 8.2 of the Abused
and Neglected Child Reporting Act.
(E) Cooperate with and assist the Illinois
Department of Children and Family Services in carrying
out its mandates to:
(i) identify alcohol and other drug abuse
issues among its clients and their families; and
(ii) develop programs and services to deal
with such problems.
These programs and services may include, but shall not
be limited to, programs to prevent the abuse of alcohol
or other drugs by DCFS clients and their families,
rehabilitation services, identifying child care needs
within the array of alcohol and other drug abuse
services, and assistance with other issues as
required.
(F) Cooperate with and assist the Illinois
Criminal Justice Information Authority with respect to
statistical and other information concerning drug
abuse incidence and prevalence.
(G) Cooperate with and assist the State
Superintendent of Education, boards of education,
schools, police departments, the Illinois Department
of State Police, courts and other public and private
agencies and individuals in establishing prevention
programs statewide and preparing curriculum materials
for use at all levels of education. An agreement shall
be entered into with the State Superintendent of
Education to assist in the establishment of such
programs.
(H) Cooperate with and assist the Illinois
Department of Healthcare and Family Services in the
development and provision of services offered to
recipients of public assistance for the treatment and
prevention of alcoholism and other drug abuse and
dependency.
(I) Provide training recommendations to other
State agencies funding alcohol or other drug abuse
prevention, intervention, treatment or rehabilitation
services.
(5) From monies appropriated to the Department from the
Drunk and Drugged Driving Prevention Fund, make grants to
reimburse DUI evaluation and remedial education programs
licensed by the Department for the costs of providing
indigent persons with free or reduced-cost services
relating to a charge of driving under the influence of
alcohol or other drugs.
(6) Promulgate regulations to provide appropriate
standards for publicly and privately funded programs as
well as for levels of payment to government funded programs
which provide an array of services for prevention,
intervention, treatment and rehabilitation for alcoholism
and other drug abuse or dependency.
(7) In consultation with local service providers,
specify a uniform statistical methodology for use by
agencies, organizations, individuals and the Department
for collection and dissemination of statistical
information regarding services related to alcoholism and
other drug use and abuse. This shall include prevention
services delivered, the number of persons treated,
frequency of admission and readmission, and duration of
treatment.
(8) Receive data and assistance from federal, State and
local governmental agencies, and obtain copies of
identification and arrest data from all federal, State and
local law enforcement agencies for use in carrying out the
purposes and functions of the Department.
(9) Designate and license providers to conduct
screening, assessment, referral and tracking of clients
identified by the criminal justice system as having
indications of alcoholism or other drug abuse or dependency
and being eligible to make an election for treatment under
Section 40-5 of this Act, and assist in the placement of
individuals who are under court order to participate in
treatment.
(10) Designate medical examination and other programs
for determining alcoholism and other drug abuse and
dependency.
(11) Encourage service providers who receive financial
assistance in any form from the State to assess and collect
fees for services rendered.
(12) Make grants with funds appropriated from the Drug
Treatment Fund in accordance with Section 7 of the
Controlled Substance and Cannabis Nuisance Act, or in
accordance with Section 80 of the Methamphetamine Control
and Community Protection Act, or in accordance with
subsections (h) and (i) of Section 411.2 of the Illinois
Controlled Substances Act.
(13) Encourage all health and disability insurance
programs to include alcoholism and other drug abuse and
dependency as a covered illness.
(14) Make such agreements, grants-in-aid and
purchase-care arrangements with any other department,
authority or commission of this State, or any other state
or the federal government or with any public or private
agency, including the disbursement of funds and furnishing
of staff, to effectuate the purposes of this Act.
(15) Conduct a public information campaign to inform
the State's Hispanic residents regarding the prevention
and treatment of alcoholism.
(b) In addition to the powers, duties and functions vested
in it by this Act, or by other laws of this State, the
Department may undertake, but shall not be limited to, the
following activities:
(1) Require all programs funded by the Department to
include an education component to inform participants
regarding the causes and means of transmission and methods
of reducing the risk of acquiring or transmitting HIV
infection, and to include funding for such education
component in its support of the program.
(2) Review all State agency applications for federal
funds which include provisions relating to the prevention,
early intervention and treatment of alcoholism and other
drug abuse and dependency in order to ensure consistency
with the comprehensive statewide plan developed pursuant
to this Act.
(3) Prepare, publish, evaluate, disseminate and serve
as a central repository for educational materials dealing
with the nature and effects of alcoholism and other drug
abuse and dependency. Such materials may deal with the
educational needs of the citizens of Illinois, and may
include at least pamphlets which describe the causes and
effects of fetal alcohol syndrome, which the Department may
distribute free of charge to each county clerk in
sufficient quantities that the county clerk may provide a
pamphlet to the recipients of all marriage licenses issued
in the county.
(4) Develop and coordinate, with regional and local
agencies, education and training programs for persons
engaged in providing the array of services for persons
having alcoholism or other drug abuse and dependency
problems, which programs may include specific HIV
education and training for program personnel.
(5) Cooperate with and assist in the development of
education, prevention and treatment programs for employees
of State and local governments and businesses in the State.
(6) Utilize the support and assistance of interested
persons in the community, including recovering addicts and
alcoholics, to assist individuals and communities in
understanding the dynamics of addiction, and to encourage
individuals with alcohol or other drug abuse or dependency
problems to voluntarily undergo treatment.
(7) Promote, conduct, assist or sponsor basic
clinical, epidemiological and statistical research into
alcoholism and other drug abuse and dependency, and
research into the prevention of those problems either
solely or in conjunction with any public or private agency.
(8) Cooperate with public and private agencies,
organizations and individuals in the development of
programs, and to provide technical assistance and
consultation services for this purpose.
(9) Publish or provide for the publishing of a manual
to assist medical and social service providers in
identifying alcoholism and other drug abuse and dependency
and coordinating the multidisciplinary delivery of
services to addicted pregnant women, addicted mothers and
their children. The manual may be used only to provide
information and may not be used by the Department to
establish practice standards. The Department may not
require recipients to use specific providers nor may they
require providers to refer recipients to specific
providers. The manual may include, but need not be limited
to, the following:
(A) Information concerning risk assessments of
women seeking prenatal, natal, and postnatal medical
care.
(B) Information concerning risk assessments of
infants who may be substance-affected.
(C) Protocols that have been adopted by the
Illinois Department of Children and Family Services
for the reporting and investigation of allegations of
child abuse or neglect under the Abused and Neglected
Child Reporting Act.
(D) Summary of procedures utilized in juvenile
court in cases of children alleged or found to be
abused or neglected as a result of being born to
addicted women.
(E) Information concerning referral of addicted
pregnant women, addicted mothers and their children by
medical, social service, and substance abuse treatment
providers, by the Departments of Children and Family
Services, Public Aid, Public Health, and Human
Services.
(F) Effects of substance abuse on infants and
guidelines on the symptoms, care, and comfort of
drug-withdrawing infants.
(G) Responsibilities of the Illinois Department of
Public Health to maintain statistics on the number of
children in Illinois addicted at birth.
(10) To the extent permitted by federal law or
regulation, establish and maintain a clearinghouse and
central repository for the development and maintenance of a
centralized data collection and dissemination system and a
management information system for all alcoholism and other
drug abuse prevention, early intervention and treatment
services.
(11) Fund, promote or assist programs, services,
demonstrations or research dealing with addictive or
habituating behaviors detrimental to the health of
Illinois citizens.
(12) With monies appropriated from the Group Home Loan
Revolving Fund, make loans, directly or through
subcontract, to assist in underwriting the costs of housing
in which individuals recovering from alcohol or other drug
abuse or dependency may reside in groups of not less than 6
persons, pursuant to Section 50-40 of this Act.
(13) Promulgate such regulations as may be necessary
for the administration of grants or to otherwise carry out
the purposes and enforce the provisions of this Act.
(14) Fund programs to help parents be effective in
preventing substance abuse by building an awareness of
drugs and alcohol and the family's role in preventing abuse
through adjusting expectations, developing new skills, and
setting positive family goals. The programs shall include,
but not be limited to, the following subjects: healthy
family communication; establishing rules and limits; how
to reduce family conflict; how to build self-esteem,
competency, and responsibility in children; how to improve
motivation and achievement; effective discipline; problem
solving techniques; and how to talk about drugs and
alcohol. The programs shall be open to all parents.
(Source: P.A. 94-556, eff. 9-11-05; 95-331, eff. 8-21-07.)
(Text of Section after amendment by P.A. 100-494)
Sec. 5-10. Functions of the Department.
(a) In addition to the powers, duties and functions vested
in the Department by this Act, or by other laws of this State,
the Department shall carry out the following activities:
(1) Design, coordinate and fund comprehensive a
comprehensive and coordinated community-based and
culturally and gender-appropriate array of services
throughout the State. These services must include
prevention, early intervention, treatment, and other
recovery support services for substance use disorders that
are accessible and addresses the needs of at-risk
individuals and their families. for the prevention,
intervention, treatment and rehabilitation of alcohol and
other drug abuse and dependency that is accessible and
addresses the needs of at-risk or addicted individuals and
their families.
(2) Act as the exclusive State agency to accept,
receive and expend, pursuant to appropriation, any public
or private monies, grants or services, including those
received from the federal government or from other State
agencies, for the purpose of providing prevention, early
intervention, treatment, and other recovery support
services for substance use disorders. an array of services
for the prevention, intervention, treatment and
rehabilitation of alcoholism or other drug abuse or
dependency. Monies received by the Department shall be
deposited into appropriate funds as may be created by State
law or administrative action.
(2.5) In partnership with the Department of Healthcare
and Family Services, act as one of the principal State
agencies for the sole purpose of calculating the
maintenance of effort requirement under Section 1930 of
Title XIX, Part B, Subpart II of the Public Health Service
Act (42 U.S.C. 300x-30) and the Interim Final Rule (45 CFR
96.134).
(3) Coordinate a statewide strategy among State
agencies for the prevention, early intervention,
treatment, and recovery support of substance use
disorders. This strategy shall include the development of a
comprehensive plan, submitted annually with the
application for federal substance use disorder block grant
funding, for the provision of an array of such services.
intervention, treatment and rehabilitation of alcohol and
other drug abuse and dependency. This strategy shall
include the development of an annual comprehensive State
plan for the provision of an array of services for
education, prevention, intervention, treatment, relapse
prevention and other services and activities to alleviate
alcoholism and other drug abuse and dependency. The plan
shall be based on local community-based needs and upon data
including, but not limited to, that which defines the
prevalence of and costs associated with substance use
disorders. the abuse of and dependency upon alcohol and
other drugs. This comprehensive State plan shall include
identification of problems, needs, priorities, services
and other pertinent information, including the needs of
minorities and other specific priority populations in the
State, and shall describe how the identified problems and
needs will be addressed. For purposes of this paragraph,
the term "minorities and other specific priority
populations" may include, but shall not be limited to,
groups such as women, children, intravenous drug users,
persons with AIDS or who are HIV infected, veterans,
African-Americans, Puerto Ricans, Hispanics, Asian
Americans, the elderly, persons in the criminal justice
system, persons who are clients of services provided by
other State agencies, persons with disabilities and such
other specific populations as the Department may from time
to time identify. In developing the plan, the Department
shall seek input from providers, parent groups,
associations and interested citizens.
The Beginning with State fiscal year 1996, the annual
comprehensive State plan developed under this Section
shall include an explanation of the rationale to be used in
ensuring that funding shall be based upon local community
needs, including, but not limited to, the incidence and
prevalence of, and costs associated with, substance use
disorders, the abuse of and dependency upon alcohol and
other drugs, as well as upon demonstrated program
performance.
The annual comprehensive State plan developed under
this Section shall also contain a report detailing the
activities of and progress made through services for the
care and treatment of substance use disorders among
pregnant women and mothers and their children established
under subsection (j) of Section 35-5. by the programs for
the care and treatment of addicted pregnant women, addicted
mothers and their children established under subsection
(j) of Section 35-5 of this Act.
As applicable, the plan developed under this Section
shall also include information about funding by other State
agencies for prevention, early intervention, treatment,
and other recovery support services.
Each State agency which provides or funds alcohol or
drug prevention, intervention and treatment services shall
annually prepare an agency plan for providing such
services, and these shall be used by the Department in
preparing the annual comprehensive statewide plan. Each
agency's annual plan for alcohol and drug abuse services
shall contain a report on the activities and progress of
such services in the prior year. The Department may provide
technical assistance to other State agencies, as required,
in the development of their agency plans.
(4) Lead, foster and develop cooperation, coordination
and agreements among federal and State governmental
agencies and local providers that provide assistance,
services, funding or other functions, peripheral or
direct, in the prevention, early intervention, treatment,
and recovery support for substance use disorders.
intervention, treatment or rehabilitation of alcoholism
and other drug abuse and dependency. This shall include,
but shall not be limited to, the following:
(A) Cooperate with and assist other State
agencies, as applicable, in establishing and
conducting substance use disorder services among the
populations they respectively serve. the Department of
Corrections and the Department on Aging in
establishing and conducting programs relating to
alcoholism and other drug abuse and dependency among
those populations which they respectively serve.
(B) Cooperate with and assist the Illinois
Department of Public Health in the establishment,
funding and support of programs and services for the
promotion of maternal and child health and the
prevention and treatment of infectious diseases,
including but not limited to HIV infection, especially
with respect to those persons who are high risk due to
intravenous injection of illegal drugs, or who may have
been sexual partners of these individuals, or who may
have impaired immune systems as a result of a substance
use disorder. may abuse drugs by intravenous
injection, or may have been sexual partners of drug
abusers, or may have abused substances so that their
immune systems are impaired, causing them to be at high
risk.
(C) Supply to the Department of Public Health and
prenatal care providers a list of all providers who are
licensed to provide substance use disorder treatment
for pregnant women in this State. alcohol and other
drug abuse service providers for addicted pregnant
women in this State.
(D) Assist in the placement of child abuse or
neglect perpetrators (identified by the Illinois
Department of Children and Family Services (DCFS)) who
have been determined to be in need of substance use
disorder treatment alcohol or other drug abuse
services pursuant to Section 8.2 of the Abused and
Neglected Child Reporting Act.
(E) Cooperate with and assist DCFS the Illinois
Department of Children and Family Services in carrying
out its mandates to:
(i) identify substance use disorders alcohol
and other drug abuse issues among its clients and
their families; and
(ii) develop programs and services to deal
with such disorders problems.
These programs and services may include, but shall not
be limited to, programs to prevent or treat substance
use disorders with DCFS clients and their families,
identifying child care needs within such treatment,
the abuse of alcohol or other drugs by DCFS clients and
their families, rehabilitation services, identifying
child care needs within the array of alcohol and other
drug abuse services, and assistance with other issues
as required.
(F) Cooperate with and assist the Illinois
Criminal Justice Information Authority with respect to
statistical and other information concerning the drug
abuse incidence and prevalence of substance use
disorders.
(G) Cooperate with and assist the State
Superintendent of Education, boards of education,
schools, police departments, the Illinois Department
of State Police, courts and other public and private
agencies and individuals in establishing prevention
programs statewide and preparing curriculum materials
for use at all levels of education. An agreement shall
be entered into with the State Superintendent of
Education to assist in the establishment of such
programs.
(H) Cooperate with and assist the Illinois
Department of Healthcare and Family Services in the
development and provision of services offered to
recipients of public assistance for the treatment and
prevention of substance use disorders. alcoholism and
other drug abuse and dependency.
(I) (Blank). Provide training recommendations to
other State agencies funding alcohol or other drug
abuse prevention, intervention, treatment or
rehabilitation services.
(5) From monies appropriated to the Department from the
Drunk and Drugged Driving Prevention Fund, make grants to
reimburse DUI evaluation and risk remedial education
programs licensed by the Department for the costs of
providing indigent persons with free or reduced-cost
evaluation and risk education services relating to a charge
of driving under the influence of alcohol or other drugs.
(6) Promulgate regulations to identify and disseminate
best practice guidelines that can be utilized by provide
appropriate standards for publicly and privately funded
programs as well as for levels of payment to government
funded programs that which provide an array of services for
prevention, early intervention, treatment, and other
recovery support services for substance use disorders and
those services referenced in Sections 15-10 and 40-5. and
rehabilitation for alcoholism and other drug abuse or
dependency.
(7) In consultation with local service providers and
related trade associations, specify a uniform statistical
methodology for use by funded providers agencies,
organizations, individuals and the Department for billing
and collection and dissemination of statistical
information regarding services related to substance use
disorders. alcoholism and other drug use and abuse. This
shall include prevention services delivered, the number of
persons treated, frequency of admission and readmission,
and duration of treatment.
(8) Receive data and assistance from federal, State and
local governmental agencies, and obtain copies of
identification and arrest data from all federal, State and
local law enforcement agencies for use in carrying out the
purposes and functions of the Department.
(9) Designate and license providers to conduct
screening, assessment, referral and tracking of clients
identified by the criminal justice system as having
indications of substance use disorders alcoholism or other
drug abuse or dependency and being eligible to make an
election for treatment under Section 40-5 of this Act, and
assist in the placement of individuals who are under court
order to participate in treatment.
(10) Identify and disseminate evidence-based best
practice guidelines as maintained in administrative rule
that can be utilized to determine a substance use disorder
diagnosis. Designate medical examination and other
programs for determining alcoholism and other drug abuse
and dependency.
(11) (Blank). Encourage service providers who receive
financial assistance in any form from the State to assess
and collect fees for services rendered.
(12) Make grants with funds appropriated from the Drug
Treatment Fund in accordance with Section 7 of the
Controlled Substance and Cannabis Nuisance Act, or in
accordance with Section 80 of the Methamphetamine Control
and Community Protection Act, or in accordance with
subsections (h) and (i) of Section 411.2 of the Illinois
Controlled Substances Act.
(13) Encourage all health and disability insurance
programs to include substance use disorder treatment as a
covered service and to use evidence-based best practice
criteria as maintained in administrative rule and as
required in Public Act 99-0480 in determining the necessity
for such services and continued stay. alcoholism and other
drug abuse and dependency as a covered illness.
(14) Award grants and enter into fixed-rate and
fee-for-service Make such agreements, grants-in-aid and
purchase-care arrangements with any other department,
authority or commission of this State, or any other state
or the federal government or with any public or private
agency, including the disbursement of funds and furnishing
of staff, to effectuate the purposes of this Act.
(15) Conduct a public information campaign to inform
the State's Hispanic residents regarding the prevention
and treatment of substance use disorders. alcoholism.
(b) In addition to the powers, duties and functions vested
in it by this Act, or by other laws of this State, the
Department may undertake, but shall not be limited to, the
following activities:
(1) Require all organizations licensed or programs
funded by the Department to include an education component
to inform participants regarding the causes and means of
transmission and methods of reducing the risk of acquiring
or transmitting HIV infection and other infectious
diseases, and to include funding for such education
component in its support of the program.
(2) Review all State agency applications for federal
funds that which include provisions relating to the
prevention, early intervention and treatment of substance
use disorders in order to ensure consistency. alcoholism
and other drug abuse and dependency in order to ensure
consistency with the comprehensive statewide plan
developed pursuant to this Act.
(3) Prepare, publish, evaluate, disseminate and serve
as a central repository for educational materials dealing
with the nature and effects of substance use disorders.
alcoholism and other drug abuse and dependency. Such
materials may deal with the educational needs of the
citizens of Illinois, and may include at least pamphlets
that which describe the causes and effects of fetal alcohol
spectrum disorders. fetal alcohol syndrome, which the
Department may distribute free of charge to each county
clerk in sufficient quantities that the county clerk may
provide a pamphlet to the recipients of all marriage
licenses issued in the county.
(4) Develop and coordinate, with regional and local
agencies, education and training programs for persons
engaged in providing the array of services for persons with
substance use disorders, having alcoholism or other drug
abuse and dependency problems, which programs may include
specific HIV education and training for program personnel.
(5) Cooperate with and assist in the development of
education, prevention, early intervention, and treatment
programs for employees of State and local governments and
businesses in the State.
(6) Utilize the support and assistance of interested
persons in the community, including recovering persons,
addicts and alcoholics, to assist individuals and
communities in understanding the dynamics of substance use
disorders, addiction, and to encourage individuals with
substance use disorders alcohol or other drug abuse or
dependency problems to voluntarily undergo treatment.
(7) Promote, conduct, assist or sponsor basic
clinical, epidemiological and statistical research into
substance use disorders alcoholism and other drug abuse and
dependency, and research into the prevention of those
problems either solely or in conjunction with any public or
private agency.
(8) Cooperate with public and private agencies,
organizations and individuals in the development of
programs, and to provide technical assistance and
consultation services for this purpose.
(9) (Blank). Publish or provide for the publishing of a
manual to assist medical and social service providers in
identifying alcoholism and other drug abuse and dependency
and coordinating the multidisciplinary delivery of
services to addicted pregnant women, addicted mothers and
their children. The manual may be used only to provide
information and may not be used by the Department to
establish practice standards. The Department may not
require recipients to use specific providers nor may they
require providers to refer recipients to specific
providers. The manual may include, but need not be limited
to, the following:
(A) Information concerning risk assessments of
women seeking prenatal, natal, and postnatal medical
care.
(B) Information concerning risk assessments of
infants who may be substance-affected.
(C) Protocols that have been adopted by the
Illinois Department of Children and Family Services
for the reporting and investigation of allegations of
child abuse or neglect under the Abused and Neglected
Child Reporting Act.
(D) Summary of procedures utilized in juvenile
court in cases of children alleged or found to be
abused or neglected as a result of being born to
addicted women.
(E) Information concerning referral of addicted
pregnant women, addicted mothers and their children by
medical, social service, and substance abuse treatment
providers, by the Departments of Children and Family
Services, Public Aid, Public Health, and Human
Services.
(F) Effects of substance abuse on infants and
guidelines on the symptoms, care, and comfort of
drug-withdrawing infants.
(G) Responsibilities of the Illinois Department of
Public Health to maintain statistics on the number of
children in Illinois addicted at birth.
(10) (Blank). To the extent permitted by federal law or
regulation, establish and maintain a clearinghouse and
central repository for the development and maintenance of a
centralized data collection and dissemination system and a
management information system for all alcoholism and other
drug abuse prevention, early intervention and treatment
services.
(11) Fund, promote, or assist entities dealing with
substance use disorders. programs, services,
demonstrations or research dealing with addictive or
habituating behaviors detrimental to the health of
Illinois citizens.
(12) With monies appropriated from the Group Home Loan
Revolving Fund, make loans, directly or through
subcontract, to assist in underwriting the costs of housing
in which individuals recovering from substance use
disorders may reside, alcohol or other drug abuse or
dependency may reside in groups of not less than 6 persons,
pursuant to Section 50-40 of this Act.
(13) Promulgate such regulations as may be necessary to
for the administration of grants or to otherwise carry out
the purposes and enforce the provisions of this Act.
(14) Provide funding Fund programs to help parents be
effective in preventing substance use disorders abuse by
building an awareness of drugs and alcohol and the family's
role in preventing substance use disorders abuse through
adjusting expectations, developing new skills, and setting
positive family goals. The programs shall include, but not
be limited to, the following subjects: healthy family
communication; establishing rules and limits; how to
reduce family conflict; how to build self-esteem,
competency, and responsibility in children; how to improve
motivation and achievement; effective discipline; problem
solving techniques; and how to talk about drugs and
alcohol. The programs shall be open to all parents.
(Source: P.A. 100-494, eff. 6-1-18.)
(20 ILCS 301/5-20)
Sec. 5-20. Gambling disorders. Compulsive gambling
program.
(a) Subject to appropriation, the Department shall
establish a program for public education, research, and
training regarding problem and compulsive gambling disorders
and the treatment and prevention of gambling disorders. problem
and compulsive gambling. Subject to specific appropriation for
these stated purposes, the program must include all of the
following:
(1) Establishment and maintenance of a toll-free "800"
telephone number to provide crisis counseling and referral
services to families experiencing difficulty as a result of
gambling disorders. problem or compulsive gambling.
(2) Promotion of public awareness regarding the
recognition and prevention of gambling disorders. problem
and compulsive gambling.
(3) Facilitation, through in-service training and
other means, of the availability of effective assistance
programs for gambling disorders. problem and compulsive
gamblers.
(4) Conducting studies to identify adults and
juveniles in this State who have, are, or who are at risk
of developing, gambling disorders. becoming, problem or
compulsive gamblers.
(b) Subject to appropriation, the Department shall either
establish and maintain the program or contract with a private
or public entity for the establishment and maintenance of the
program. Subject to appropriation, either the Department or the
private or public entity shall implement the toll-free
telephone number, promote public awareness, and conduct
in-service training concerning gambling disorders. problem and
compulsive gambling.
(c) Subject to appropriation, the Department shall produce
and supply the signs specified in Section 10.7 of the Illinois
Lottery Law, Section 34.1 of the Illinois Horse Racing Act of
1975, Section 4.3 of the Bingo License and Tax Act, Section 8.1
of the Charitable Games Act, and Section 13.1 of the Riverboat
Gambling Act.
(Source: P.A. 89-374, eff. 1-1-96; 89-626, eff. 8-9-96.)
(20 ILCS 301/5-23)
Sec. 5-23. Drug Overdose Prevention Program.
(a) Reports of drug overdose.
(1) The Department may Director of the Division of
Alcoholism and Substance Abuse shall publish annually a
report on drug overdose trends statewide that reviews State
death rates from available data to ascertain changes in the
causes or rates of fatal and nonfatal drug overdose. The
report shall also provide information on interventions
that would be effective in reducing the rate of fatal or
nonfatal drug overdose and shall include an analysis of
drug overdose information reported to the Department of
Public Health pursuant to subsection (e) of Section 3-3013
of the Counties Code, Section 6.14g of the Hospital
Licensing Act, and subsection (j) of Section 22-30 of the
School Code.
(2) The report may include:
(A) Trends in drug overdose death rates.
(B) Trends in emergency room utilization related
to drug overdose and the cost impact of emergency room
utilization.
(C) Trends in utilization of pre-hospital and
emergency services and the cost impact of emergency
services utilization.
(D) Suggested improvements in data collection.
(E) A description of other interventions effective
in reducing the rate of fatal or nonfatal drug
overdose.
(F) A description of efforts undertaken to educate
the public about unused medication and about how to
properly dispose of unused medication, including the
number of registered collection receptacles in this
State, mail-back programs, and drug take-back events.
(b) Programs; drug overdose prevention.
(1) The Department Director may establish a program to
provide for the production and publication, in electronic
and other formats, of drug overdose prevention,
recognition, and response literature. The Department
Director may develop and disseminate curricula for use by
professionals, organizations, individuals, or committees
interested in the prevention of fatal and nonfatal drug
overdose, including, but not limited to, drug users, jail
and prison personnel, jail and prison inmates, drug
treatment professionals, emergency medical personnel,
hospital staff, families and associates of drug users,
peace officers, firefighters, public safety officers,
needle exchange program staff, and other persons. In
addition to information regarding drug overdose
prevention, recognition, and response, literature produced
by the Department shall stress that drug use remains
illegal and highly dangerous and that complete abstinence
from illegal drug use is the healthiest choice. The
literature shall provide information and resources for
substance use disorder substance abuse treatment.
The Department Director may establish or authorize
programs for prescribing, dispensing, or distributing
opioid antagonists for the treatment of drug overdose. Such
programs may include the prescribing of opioid antagonists
for the treatment of drug overdose to a person who is not
at risk of opioid overdose but who, in the judgment of the
health care professional, may be in a position to assist
another individual during an opioid-related drug overdose
and who has received basic instruction on how to administer
an opioid antagonist.
(2) The Department Director may provide advice to State
and local officials on the growing drug overdose crisis,
including the prevalence of drug overdose incidents,
programs promoting the disposal of unused prescription
drugs, trends in drug overdose incidents, and solutions to
the drug overdose crisis.
(c) Grants.
(1) The Department Director may award grants, in
accordance with this subsection, to create or support local
drug overdose prevention, recognition, and response
projects. Local health departments, correctional
institutions, hospitals, universities, community-based
organizations, and faith-based organizations may apply to
the Department for a grant under this subsection at the
time and in the manner the Department Director prescribes.
(2) In awarding grants, the Department Director shall
consider the necessity for overdose prevention projects in
various settings and shall encourage all grant applicants
to develop interventions that will be effective and viable
in their local areas.
(3) The Department Director shall give preference for
grants to proposals that, in addition to providing
life-saving interventions and responses, provide
information to drug users on how to access substance use
disorder drug treatment or other strategies for abstaining
from illegal drugs. The Department Director shall give
preference to proposals that include one or more of the
following elements:
(A) Policies and projects to encourage persons,
including drug users, to call 911 when they witness a
potentially fatal drug overdose.
(B) Drug overdose prevention, recognition, and
response education projects in drug treatment centers,
outreach programs, and other organizations that work
with, or have access to, drug users and their families
and communities.
(C) Drug overdose recognition and response
training, including rescue breathing, in drug
treatment centers and for other organizations that
work with, or have access to, drug users and their
families and communities.
(D) The production and distribution of targeted or
mass media materials on drug overdose prevention and
response, the potential dangers of keeping unused
prescription drugs in the home, and methods to properly
dispose of unused prescription drugs.
(E) Prescription and distribution of opioid
antagonists.
(F) The institution of education and training
projects on drug overdose response and treatment for
emergency services and law enforcement personnel.
(G) A system of parent, family, and survivor
education and mutual support groups.
(4) In addition to moneys appropriated by the General
Assembly, the Department Director may seek grants from
private foundations, the federal government, and other
sources to fund the grants under this Section and to fund
an evaluation of the programs supported by the grants.
(d) Health care professional prescription of opioid
antagonists.
(1) A health care professional who, acting in good
faith, directly or by standing order, prescribes or
dispenses an opioid antagonist to: (a) a patient who, in
the judgment of the health care professional, is capable of
administering the drug in an emergency, or (b) a person who
is not at risk of opioid overdose but who, in the judgment
of the health care professional, may be in a position to
assist another individual during an opioid-related drug
overdose and who has received basic instruction on how to
administer an opioid antagonist shall not, as a result of
his or her acts or omissions, be subject to: (i) any
disciplinary or other adverse action under the Medical
Practice Act of 1987, the Physician Assistant Practice Act
of 1987, the Nurse Practice Act, the Pharmacy Practice Act,
or any other professional licensing statute or (ii) any
criminal liability, except for willful and wanton
misconduct.
(2) A person who is not otherwise licensed to
administer an opioid antagonist may in an emergency
administer without fee an opioid antagonist if the person
has received the patient information specified in
paragraph (4) of this subsection and believes in good faith
that another person is experiencing a drug overdose. The
person shall not, as a result of his or her acts or
omissions, be (i) liable for any violation of the Medical
Practice Act of 1987, the Physician Assistant Practice Act
of 1987, the Nurse Practice Act, the Pharmacy Practice Act,
or any other professional licensing statute, or (ii)
subject to any criminal prosecution or civil liability,
except for willful and wanton misconduct.
(3) A health care professional prescribing an opioid
antagonist to a patient shall ensure that the patient
receives the patient information specified in paragraph
(4) of this subsection. Patient information may be provided
by the health care professional or a community-based
organization, substance use disorder substance abuse
program, or other organization with which the health care
professional establishes a written agreement that includes
a description of how the organization will provide patient
information, how employees or volunteers providing
information will be trained, and standards for documenting
the provision of patient information to patients.
Provision of patient information shall be documented in the
patient's medical record or through similar means as
determined by agreement between the health care
professional and the organization. The Department,
Director of the Division of Alcoholism and Substance Abuse,
in consultation with statewide organizations representing
physicians, pharmacists, advanced practice registered
nurses, physician assistants, substance use disorder
substance abuse programs, and other interested groups,
shall develop and disseminate to health care
professionals, community-based organizations, substance
use disorder substance abuse programs, and other
organizations training materials in video, electronic, or
other formats to facilitate the provision of such patient
information.
(4) For the purposes of this subsection:
"Opioid antagonist" means a drug that binds to opioid
receptors and blocks or inhibits the effect of opioids
acting on those receptors, including, but not limited to,
naloxone hydrochloride or any other similarly acting drug
approved by the U.S. Food and Drug Administration.
"Health care professional" means a physician licensed
to practice medicine in all its branches, a licensed
physician assistant with prescriptive authority, a
licensed advanced practice registered nurse with
prescriptive authority, an advanced practice registered
nurse or physician assistant who practices in a hospital,
hospital affiliate, or ambulatory surgical treatment
center and possesses appropriate clinical privileges in
accordance with the Nurse Practice Act, or a pharmacist
licensed to practice pharmacy under the Pharmacy Practice
Act.
"Patient" includes a person who is not at risk of
opioid overdose but who, in the judgment of the physician,
advanced practice registered nurse, or physician
assistant, may be in a position to assist another
individual during an overdose and who has received patient
information as required in paragraph (2) of this subsection
on the indications for and administration of an opioid
antagonist.
"Patient information" includes information provided to
the patient on drug overdose prevention and recognition;
how to perform rescue breathing and resuscitation; opioid
antagonist dosage and administration; the importance of
calling 911; care for the overdose victim after
administration of the overdose antagonist; and other
issues as necessary.
(e) Drug overdose response policy.
(1) Every State and local government agency that
employs a law enforcement officer or fireman as those terms
are defined in the Line of Duty Compensation Act must
possess opioid antagonists and must establish a policy to
control the acquisition, storage, transportation, and
administration of such opioid antagonists and to provide
training in the administration of opioid antagonists. A
State or local government agency that employs a fireman as
defined in the Line of Duty Compensation Act but does not
respond to emergency medical calls or provide medical
services shall be exempt from this subsection.
(2) Every publicly or privately owned ambulance,
special emergency medical services vehicle, non-transport
vehicle, or ambulance assist vehicle, as described in the
Emergency Medical Services (EMS) Systems Act, that which
responds to requests for emergency services or transports
patients between hospitals in emergency situations must
possess opioid antagonists.
(3) Entities that are required under paragraphs (1) and
(2) to possess opioid antagonists may also apply to the
Department for a grant to fund the acquisition of opioid
antagonists and training programs on the administration of
opioid antagonists.
(Source: P.A. 99-173, eff. 7-29-15; 99-480, eff. 9-9-15;
99-581, eff. 1-1-17; 99-642, eff. 7-28-16; 100-201, eff.
8-18-17; 100-513, eff. 1-1-18.)
(20 ILCS 301/10-5)
Sec. 10-5. Illinois Advisory Council established. There is
established the Illinois Advisory Council on Substance Use
Disorders. Alcoholism and Other Drug Dependency. The members of
the Council shall receive no compensation for their service but
shall be reimbursed for all expenses actually and necessarily
incurred by them in the performance of their duties under this
Act, and within the amounts made available to them by the
Department. The Council shall annually elect a presiding
officer from among its membership. The Council shall meet
quarterly or at the call of the Department, or at the call of
its presiding officer, or upon the request of a majority of its
members. The Department shall provide space and clerical and
consulting services to the Council.
(Source: P.A. 94-1033, eff. 7-1-07.)
(20 ILCS 301/10-10)
Sec. 10-10. Powers and duties of the Council. The Council
shall:
(a) Advise the Department on ways to encourage public
understanding and support of the Department's programs.
(b) Advise the Department on regulations and licensure
proposed by the Department.
(c) Advise the Department in the formulation,
preparation, and implementation of the annual plan
submitted with the federal Substance Use Disorder Block
Grant application for prevention, early intervention,
treatment, and other recovery support services for
substance use disorders. comprehensive State plan for
prevention, intervention, treatment and relapse prevention
of alcoholism and other drug abuse and dependency.
(d) Advise the Department on implementation of
substance use disorder alcoholism and other drug abuse and
dependency education and prevention programs throughout
the State.
(e) Assist with incorporating into the annual plan
submitted with the federal Substance Use Disorder Block
Grant application, planning information specific to
Illinois' female population. The information By January 1,
1995, and by January 1 of every third year thereafter, in
cooperation with the Committee on Women's Alcohol and
Substance Abuse Treatment, submit to the Governor and
General Assembly a planning document, specific to
Illinois' female population. The document shall contain,
but need not be limited to, interagency information
concerning the types of services funded, the client
population served, the support services available, and
provided during the preceding 3 year period, and the goals,
objectives, proposed methods of achievement, service
client projections and cost estimate for the upcoming year.
3 year period. The document may include, if deemed
necessary and appropriate, recommendations regarding the
reorganization of the Department to enhance and increase
prevention, treatment and support services available to
women.
(f) Perform other duties as requested by the Secretary.
(g) Advise the Department in the planning,
development, and coordination of programs among all
agencies and departments of State government, including
programs to reduce substance use disorders, alcoholism and
drug addiction, prevent the misuse of illegal and legal
drugs use of illegal drugs and abuse of legal drugs by
persons of all ages, and prevent the use of alcohol by
minors.
(h) Promote and encourage participation by the private
sector, including business, industry, labor, and the
media, in programs to prevent substance use disorders.
alcoholism and other drug abuse and dependency.
(i) Encourage the implementation of programs to
prevent substance use disorders alcoholism and other drug
abuse and dependency in the public and private schools and
educational institutions. , including establishment of
alcoholism and other drug abuse and dependency programs.
(j) Gather information, conduct hearings, and make
recommendations to the Secretary concerning additions,
deletions, or rescheduling of substances under the
Illinois Controlled Substances Act.
(k) Report as requested annually to the General
Assembly regarding the activities and recommendations made
by the Council.
With the advice and consent of the Secretary, the presiding
officer shall annually appoint a Special Committee on
Licensure, which shall advise the Secretary on particular cases
on which the Department intends to take action that is adverse
to an applicant or license holder, and shall review an annual
report submitted by the Secretary summarizing all licensure
sanctions imposed by the Department.
(Source: P.A. 94-1033, eff. 7-1-07.)
(20 ILCS 301/10-15)
Sec. 10-15. Qualification and appointment of members. The
membership of the Illinois Advisory Council may, as needed,
shall consist of:
(a) A State's Attorney designated by the President of
the Illinois State's Attorneys Association.
(b) A judge designated by the Chief Justice of the
Illinois Supreme Court.
(c) A Public Defender appointed by the President of the
Illinois Public Defender Association.
(d) A local law enforcement officer appointed by the
Governor.
(e) A labor representative appointed by the Governor.
(f) An educator appointed by the Governor.
(g) A physician licensed to practice medicine in all
its branches appointed by the Governor with due regard for
the appointee's knowledge of the field of substance use
disorders. alcoholism and other drug abuse and dependency.
(h) 4 members of the Illinois House of Representatives,
2 each appointed by the Speaker and Minority Leader.
(i) 4 members of the Illinois Senate, 2 each appointed
by the President and Minority Leader.
(j) The Chief Executive Officer of the Illinois
Association for Behavioral Health or his or her designee.
President of the Illinois Alcoholism and Drug Dependence
Association.
(k) An advocate for the needs of youth appointed by the
Governor.
(l) The President of the Illinois State Medical Society
or his or her designee.
(m) The President of the Illinois Hospital Association
or his or her designee.
(n) The President of the Illinois Nurses Association or
a registered nurse designated by the President.
(o) The President of the Illinois Pharmacists
Association or a licensed pharmacist designated by the
President.
(p) The President of the Illinois Chapter of the
Association of Labor-Management Administrators and
Consultants on Alcoholism.
(p-1) The Chief Executive Officer President of the
Community Behavioral Healthcare Association of Illinois or
his or her designee.
(q) The Attorney General or his or her designee.
(r) The State Comptroller or his or her designee.
(s) 20 public members, 8 appointed by the Governor, 3
of whom shall be representatives of substance use disorder
alcoholism or other drug abuse and dependency treatment
programs and one of whom shall be a representative of a
manufacturer or importing distributor of alcoholic liquor
licensed by the State of Illinois, and 3 public members
appointed by each of the President and Minority Leader of
the Senate and the Speaker and Minority Leader of the
House.
(t) The Director, Secretary, or other chief
administrative officer, ex officio, or his or her designee,
of each of the following: the Department on Aging, the
Department of Children and Family Services, the Department
of Corrections, the Department of Juvenile Justice, the
Department of Healthcare and Family Services, the
Department of Revenue, the Department of Public Health, the
Department of Financial and Professional Regulation, the
Department of State Police, the Administrative Office of
the Illinois Courts, the Criminal Justice Information
Authority, and the Department of Transportation.
(u) Each of the following, ex officio, or his or her
designee: the Secretary of State, the State Superintendent
of Education, and the Chairman of the Board of Higher
Education.
The public members may not be officers or employees of the
executive branch of State government; however, the public
members may be officers or employees of a State college or
university or of any law enforcement agency. In appointing
members, due consideration shall be given to the experience of
appointees in the fields of medicine, law, prevention,
correctional activities, and social welfare. Vacancies in the
public membership shall be filled for the unexpired term by
appointment in like manner as for original appointments, and
the appointive members shall serve until their successors are
appointed and have qualified. Vacancies among the public
members appointed by the legislative leaders shall be filled by
the leader of the same house and of the same political party as
the leader who originally appointed the member.
Each non-appointive member may designate a representative
to serve in his place by written notice to the Department. All
General Assembly members shall serve until their respective
successors are appointed or until termination of their
legislative service, whichever occurs first. The terms of
office for each of the members appointed by the Governor shall
be for 3 years, except that of the members first appointed, 3
shall be appointed for a term of one year, and 4 shall be
appointed for a term of 2 years. The terms of office of each of
the public members appointed by the legislative leaders shall
be for 2 years.
(Source: P.A. 100-201, eff. 8-18-17.)
(20 ILCS 301/10-35)
Sec. 10-35. Committees Other committees of the Illinois
Advisory Council. The Illinois Advisory Council may, in its
operating policies and procedures, provide for the creation of
such other Committees as it deems necessary to carry out its
duties.
(Source: P.A. 88-80.)
(20 ILCS 301/15-5)
Sec. 15-5. Applicability.
(a) It is unlawful for any person to provide treatment for
substance use disorders alcoholism and other drug abuse or
dependency or to provide services as specified in subsections
(a) and (b) (c), (d), (e), and (f) of Section 15-10 of this Act
unless the person is licensed to do so by the Department. The
performance of these activities by any person in violation of
this Act is declared to be inimical to the public health and
welfare, and to be a public nuisance. The Department may
undertake such inspections and investigations as it deems
appropriate to determine whether licensable activities are
being conducted without the requisite license.
(b) Nothing in this Act shall be construed to require any
hospital, as defined by the Hospital Licensing Act, required to
have a license from the Department of Public Health pursuant to
the Hospital Licensing Act to obtain any license under this Act
for any substance use disorder alcoholism and other drug
dependency treatment services operated on the licensed
premises of the hospital, and operated by the hospital or its
designated agent, provided that such services are covered
within the scope of the Hospital Licensing Act. No person or
facility required to be licensed under this Act shall be
required to obtain a license pursuant to the Hospital Licensing
Act or the Child Care Act of 1969.
(c) Nothing in this Act shall be construed to require an
individual employee of a licensed program to be licensed under
this Act.
(d) Nothing in this Act shall be construed to require any
private professional practice, whether by an individual
practitioner, by a partnership, or by a duly incorporated
professional service corporation, that provides outpatient
treatment for substance use disorders alcoholism and other drug
abuse to be licensed under this Act, provided that the
treatment is rendered personally by the professional in his own
name and the professional is authorized by individual
professional licensure or registration from the Department of
Financial and Professional Regulation to provide substance use
disorder do such treatment unsupervised. This exemption shall
not apply to such private professional practice that provides
or holds itself out, as defined in Section 1-10, as providing
substance use disorder outpatient treatment. which specializes
primarily or exclusively in the treatment of alcoholism and
other drug abuse. This exemption shall also not apply to
licensable intervention services, research, or residential
treatment services as defined in this Act or by rule.
Notwithstanding any other provisions of this subsection to
the contrary, persons licensed to practice medicine in all of
its branches in Illinois shall not require licensure under this
Act unless their private professional practice provides and
holds itself out, as defined in Section 1-10, as providing
substance use disorder outpatient treatment. specializes
exclusively in the treatment of alcoholism and other drug
abuse.
(e) Nothing in this Act shall be construed to require any
employee assistance program operated by an employer or any
intervenor program operated by a professional association to
obtain any license pursuant to this Act to perform services
that do not constitute licensable treatment or intervention as
defined in this Act.
(f) Before any violation of this Act is reported by the
Department or any of its agents to any State's Attorney for the
institution of a criminal proceeding, the person against whom
such proceeding is contemplated shall be given appropriate
notice and an opportunity to present his views before the
Department or its designated agent, either orally or in
writing, in person or by an attorney, with regard to such
contemplated proceeding. Nothing in this Act shall be construed
as requiring the Department to report minor violations of this
Act whenever the Department believes that the public interest
would be adequately served by a suitable written notice or
warning.
(Source: P.A. 88-80; 89-202, eff. 7-21-95; 89-507, eff.
7-1-97.)
(20 ILCS 301/15-10)
Sec. 15-10. Licensure categories and services. No person or
program may provide the services or conduct the activities
described in this Section without first obtaining a license
therefor from the Department, unless otherwise exempted under
this Act. The Department shall, by rule, provide requirements
for each of the following types of licenses and categories of
service:
(a) Treatment: Categories of service authorized by a
treatment license are Early Intervention, Outpatient,
Intensive Outpatient/Partial Hospitalization, Subacute
Residential/Inpatient, and Withdrawal Management.
Medication assisted treatment that includes methadone used
for an opioid use disorder can be licensed as an adjunct to
any of the treatment levels of care specified in this
Section.
(b) Intervention: Categories of service authorized by
an intervention license are DUI Evaluation, DUI Risk
Education, Designated Program, and Recovery Homes for
persons in any stage of recovery from a substance use
disorder.
. The Department shall, by rule, provide licensure requirements
for each of the following categories of service:
(a) Residential treatment for alcoholism and other
drug dependency, sub-acute inpatient treatment, clinically
managed or medically monitored detoxification, and
residential extended care (formerly halfway house).
(b) Outpatient treatment for alcoholism and other drug
abuse and dependency.
(c) The screening, assessment, referral or tracking of
clients identified by the criminal justice system as having
indications of alcoholism or other drug abuse or
dependency.
(d) D.U.I. evaluation services for Illinois courts and
the Secretary of State.
(e) D.U.I. remedial education services for Illinois
courts or the Secretary of State.
(f) Recovery home services for persons in early
recovery from substance abuse or for persons who have
recently completed or who may still be receiving substance
abuse treatment services.
The Department may, under procedures established by rule
and upon a showing of good cause for such, exempt off-site
services from having to obtain a separate license for services
conducted away from the provider's licensed primary service
location.
(Source: P.A. 94-1033, eff. 7-1-07.)
(20 ILCS 301/20-5)
Sec. 20-5. Development of statewide prevention system.
(a) The Department shall develop and implement a
comprehensive, statewide, community-based strategy to reduce
substance use disorders and alcoholism, prevent the misuse of
illegal and legal drugs use of illegal drugs and the abuse of
legal drugs by persons of all ages, and to prevent the use of
alcohol by minors. The system created to implement this
strategy shall be based on the premise that coordination among
and integration between all community and governmental systems
will facilitate effective and efficient program implementation
and utilization of existing resources.
(b) The statewide system developed under this Section may
be adopted by administrative rule or funded as a grant award
condition and shall be responsible for:
(1) providing programs and technical assistance to
improve the ability of Illinois communities and schools to
develop, implement and evaluate prevention programs.
(2) initiating and fostering continuing cooperation
among the Department, Department-funded prevention
programs, other community-based prevention providers and
other State, regional, or local systems or agencies that
which have an interest in substance use disorder
prevention. alcohol and other drug use or abuse prevention.
(c) In developing, implementing, and advocating for and
implementing this statewide strategy and system, the
Department may engage in, but shall not be limited to, the
following activities:
(1) establishing and conducting programs to provide
awareness and knowledge of the nature and extent of
substance use disorders and their effect alcohol and other
drug use, abuse and dependency and their effects on
individuals, families, and communities.
(2) conducting or providing prevention skill building
or education through the use of structured experiences.
(3) developing, supporting, and advocating with new
and or supporting existing local community coalitions or
neighborhood-based grassroots networks using action
planning and collaborative systems to initiate change
regarding substance use disorders alcohol and other drug
use and abuse in their communities community.
(4) encouraging, supporting, and advocating for and
supporting programs and activities that emphasize
alcohol-free alcohol and other drug-free lifestyles.
socialization.
(5) drafting and implementing efficient plans for the
use of available resources to address issues of substance
use disorder alcohol and other drug abuse prevention.
(6) coordinating local programs of alcoholism and
other drug abuse education and prevention.
(7) encouraging the development of local advisory
councils.
(d) In providing leadership to this system, the Department
shall take into account, wherever possible, the needs and
requirements of local communities. The Department shall also
involve, wherever possible, local communities in its statewide
planning efforts. These planning efforts shall include, but
shall not be limited to, in cooperation with local community
representatives and Department-funded agencies, the analysis
and application of results of local needs assessments, as well
as a process for the integration of an evaluation component
into the system. The results of this collaborative planning
effort shall be taken into account by the Department in making
decisions regarding the allocation of prevention resources.
(e) Prevention programs funded in whole or in part by the
Department shall maintain staff whose skills, training,
experiences and cultural awareness demonstrably match the
needs of the people they are serving.
(f) The Department may delegate the functions and
activities described in subsection (c) of this Section to
local, community-based providers.
(Source: P.A. 88-80.)
(20 ILCS 301/20-10)
Sec. 20-10. Screening, Brief Intervention, and Referral to
Treatment. Early intervention programs.
(a) As used in this Section, "SBIRT" means the
identification of individuals, within primary care settings,
who need substance use disorder treatment. Primary care
providers will screen and, based on the results of the screen,
deliver a brief intervention or make referral to a licensed
treatment provider as appropriate. SBIRT is not a licensed
category of service.
(b) The Department may develop policy or best practice
guidelines for identification of at-risk individuals through
SBIRT and contract or billing requirements for SBIRT.
For purposes of this Section, "early intervention" means
education, counseling and support services provided to
individuals at high risk of developing an alcohol or other drug
abuse or dependency. Early intervention programs are delivered
in one-to-one, group or family service settings by people who
are trained to educate, screen, assess, counsel and refer the
high risk individual. Early intervention refers to unlicensed
programs which provide services to individuals and groups who
have a high risk of developing alcoholism or other drug
addiction or dependency. It does not refer to DUI,
detoxification or treatment programs which require licensing.
"Individuals at high risk" refers to, but is not limited to,
those who exhibit one or more of the risk factors listed in
subsection (b) of this Section.
(b) As part of its comprehensive array of services, the
Department may fund early intervention programs. In doing so,
the Department shall account for local requirements and involve
as much as possible of the local community. The funded programs
shall include services initiated or adapted to meet the needs
of individuals experiencing one or more of the following risk
factors:
(1) child of a substance abuser.
(2) victim of physical, sexual or psychological abuse.
(3) school drop-out.
(4) teen pregnancy.
(5) economically and/or environmentally disadvantaged.
(6) commitment of a violent, delinquent or criminal
offense.
(7) mental health problems.
(8) attempted suicide.
(9) long-term physical pain due to injury.
(10) chronic failure in school.
(11) consequences due to alcohol or other drug abuse.
(c) The Department may fund early intervention services.
Early intervention programs funded entirely or in part by the
Department must include the following components:
(1) coping skills training.
(2) education regarding the appearance and dynamics of
dysfunction within the family.
(3) support group opportunities for children and
families.
(4) education regarding the diseases of alcoholism and
other drug addiction.
(5) screening regarding the need for treatment or other
services.
(d) Early intervention programs funded in whole or in part
by the Department shall maintain individual records for each
person who receives early intervention services. Any and all
such records shall be maintained in accordance with the
provisions of 42 CFR 2, "Confidentiality of Alcohol and Drug
Abuse Patient Records" and other pertinent State and federal
laws. Such records shall include:
(1) basic demographic information.
(2) a description of the presenting problem.
(3) an assessment of risk factors.
(4) a service plan.
(5) progress notes.
(6) a closing summary.
(e) Early intervention programs funded in whole or in part
by the Department shall maintain staff whose skills, training,
experiences and cultural awareness demonstrably match the
needs of the people they are serving.
(f) The Department may, at its discretion, impose on early
intervention programs which it funds such additional
requirements as it may deem necessary or appropriate.
(Source: P.A. 88-80; 89-202, eff. 7-21-95.)
(20 ILCS 301/20-15)
Sec. 20-15. Steroid education program. The Department may
develop and implement a statewide steroid education program to
alert the public, and particularly Illinois physicians, other
health care professionals, educators, student athletes, health
club personnel, persons engaged in the coaching and supervision
of high school and college athletics, and other groups
determined by the Department to be likely to come into contact
with anabolic steroid abusers to the dangers and adverse
effects of abusing anabolic steroids, and to train these
individuals to recognize the symptoms and side effects of
anabolic steroid abuse. Such education and training may also
include information regarding the education eduction and
appropriate referral of persons identified as probable or
actual anabolic steroid abusers. The advice of the Illinois
Advisory Council established by Section 10-5 of this Act shall
be sought in the development of any program established under
this Section.
(Source: P.A. 88-80.)
(20 ILCS 301/25-5)
Sec. 25-5. Establishment of comprehensive treatment
system. The Department shall develop, fund and implement a
comprehensive, statewide, community-based system for the
provision of early intervention, treatment, and recovery
support services for persons suffering from substance use
disorders. a full array of intervention, treatment and
aftercare for persons suffering from alcohol and other drug
abuse and dependency. The system created under this Section
shall be based on the premise that coordination among and
integration between all community and governmental systems
will facilitate effective and efficient program implementation
and utilization of existing resources.
(Source: P.A. 88-80.)
(20 ILCS 301/25-10)
Sec. 25-10. Promulgation of regulations. The Department
shall adopt regulations for licensure, certification for
Medicaid reimbursement, and to identify evidence-based best
practice criteria that can be utilized for intervention and
treatment services, acceptance of persons for treatment,
taking into consideration available resources and facilities,
for the purpose of early and effective treatment of substance
use disorders. alcoholism and other drug abuse and dependency.
(Source: P.A. 88-80.)
(20 ILCS 301/25-15)
Sec. 25-15. Emergency treatment.
(a) An alcohol or other drug impaired person who may be a
danger to himself or herself or to others may voluntarily come
to a treatment facility with available capacity for withdrawal
management. An alcohol or other drug impaired person may also
intoxicated person may come voluntarily to a treatment facility
for emergency treatment. A person who appears to be intoxicated
in a public place and who may be a danger to himself or others
may be assisted to his or her home, a treatment facility with
available capacity for withdrawal management, or other health
facility either directly by the police or through an
intermediary person.
(b) A person who appears to be unconscious or in immediate
need of emergency medical services while in a public place and
who shows symptoms of alcohol or other drug impairment brought
on by alcoholism or other drug abuse or dependency may be taken
into protective custody by the police and forthwith brought to
an emergency medical service. A person who is otherwise
incapacitated while in a public place and who shows symptoms of
alcohol or other drug impairment in a public place alcoholism
or other drug abuse or dependency may be taken into custody and
forthwith brought to a facility with available capacity for
withdrawal management. available for detoxification. The
police in detaining the person shall take him or her into
protective custody only, which shall not constitute an arrest.
No entry or other record shall be made to indicate that the
person has been arrested or charged with a crime. The detaining
officer may take reasonable steps to protect himself or herself
from harm.
(Source: P.A. 88-80.)
(20 ILCS 301/25-20)
Sec. 25-20. Applicability of patients' rights. All persons
who are receiving or who have received early intervention,
treatment, or other recovery support or aftercare services
under this Act shall be afforded those rights enumerated in
Article 30.
(Source: P.A. 88-80.)
(20 ILCS 301/30-5)
Sec. 30-5. Patients' rights established.
(a) For purposes of this Section, "patient" means any
person who is receiving or has received early intervention,
treatment, or other recovery support or aftercare services
under this Act or any category of service licensed as
"intervention" under this Act.
(b) No patient who is receiving or who has received
intervention, treatment or aftercare services under this Act
shall be deprived of any rights, benefits, or privileges
guaranteed by law, the Constitution of the United States of
America, or the Constitution of the State of Illinois solely
because of his or her status as a patient of a program.
(c) Persons who have substance use disorders abuse or are
dependent on alcohol or other drugs who are also suffering from
medical conditions shall not be discriminated against in
admission or treatment by any hospital that which receives
support in any form from any program supported in whole or in
part by funds appropriated to any State department or agency.
(d) Every patient shall have impartial access to services
without regard to race, religion, sex, ethnicity, age, sexual
orientation, gender identity, marital status, or other
disability. or disability.
(e) Patients shall be permitted the free exercise of
religion.
(f) Every patient's personal dignity shall be recognized in
the provision of services, and a patient's personal privacy
shall be assured and protected within the constraints of his or
her individual treatment plan.
(g) Treatment services shall be provided in the least
restrictive environment possible.
(h) Each patient receiving treatment services shall be
provided an individual treatment plan, which shall be
periodically reviewed and updated as mandated by
administrative rule. necessary.
(i) Treatment shall be person-centered, meaning that every
Every patient shall be permitted to participate in the planning
of his or her total care and medical treatment to the extent
that his or her condition permits.
(j) A person shall not be denied treatment solely because
he or she has withdrawn from treatment against medical advice
on a prior occasion or had prior treatment episodes. because he
has relapsed after earlier treatment or, when in medical
crisis, because of inability to pay.
(k) The patient in residential treatment shall be permitted
visits by family and significant others, unless such visits are
clinically contraindicated.
(l) A patient in residential treatment shall be allowed to
conduct private telephone conversations with family and
friends unless clinically contraindicated.
(m) A patient in residential treatment shall be permitted
to send and receive mail without hindrance, unless clinically
contraindicated.
(n) A patient shall be permitted to manage his or her own
financial affairs unless the patient or the patient's he or his
guardian, or if the patient is a minor, the patient's his
parent, authorizes another competent person to do so.
(o) A patient shall be permitted to request the opinion of
a consultant at his or her own expense, or to request an
in-house review of a treatment plan, as provided in the
specific procedures of the provider. A treatment provider is
not liable for the negligence of any consultant.
(p) Unless otherwise prohibited by State or federal law,
every patient shall be permitted to obtain from his or her own
physician, the treatment provider, or the treatment provider's
consulting physician complete and current information
concerning the nature of care, procedures, and treatment that
which he or she will receive.
(q) A patient shall be permitted to refuse to participate
in any experimental research or medical procedure without
compromising his or her access to other, non-experimental
services. Before a patient is placed in an experimental
research or medical procedure, the provider must first obtain
his or her informed written consent or otherwise comply with
the federal requirements regarding the protection of human
subjects contained in 45 C.F.R. Part 46.
(r) All medical treatment and procedures shall be
administered as ordered by a physician and in accordance with
all Department rules. In order to assure compliance by the
treatment program with all physician orders, all new physician
orders shall be reviewed by the treatment program's staff
within a reasonable period of time after such orders have been
issued. "Medical treatment and procedures" means those
services that can be ordered only by a physician licensed to
practice medicine in all of its branches in Illinois.
(s) Every patient in treatment shall be permitted to refuse
medical treatment and to know the consequences of such action.
Such refusal by a patient shall free the treatment licensee
program from the obligation to provide the treatment.
(t) Unless otherwise prohibited by State or federal law,
every patient, patient's guardian, or parent, if the patient is
a minor, shall be permitted to inspect and copy all clinical
and other records kept by the intervention or treatment
licensee treatment program or by his or her physician
concerning his or her care and maintenance. The licensee
treatment program or physician may charge a reasonable fee for
the duplication of a record.
(u) No owner, licensee, administrator, employee, or agent
of a licensed intervention or treatment program shall abuse or
neglect a patient. It is the duty of any individual program
employee or agent who becomes aware of such abuse or neglect to
report it to the Department immediately.
(v) The licensee administrator of a program may refuse
access to the program to any person if the actions of that
person while in the program are or could be injurious to the
health and safety of a patient or the licensee program, or if
the person seeks access to the program for commercial purposes.
(w) All patients admitted to community-based treatment
facilities shall be considered voluntary treatment patients
and such patients shall not be contained within a locked
setting. A patient may be discharged from a program after he
gives the administrator written notice of his desire to be
discharged or upon completion of his prescribed course of
treatment. No patient shall be discharged or transferred
without the preparation of a post-treatment aftercare plan by
the program.
(x) Patients and their families or legal guardians shall
have the right to present complaints to the provider or the
Department concerning the quality of care provided to the
patient, without threat of discharge or reprisal in any form or
manner whatsoever. The complaint process and procedure shall be
adopted by the Department by rule. The treatment provider shall
have in place a mechanism for receiving and responding to such
complaints, and shall inform the patient and the patient's his
family or legal guardian of this mechanism and how to use it.
The provider shall analyze any complaint received and, when
indicated, take appropriate corrective action. Every patient
and his or her family member or legal guardian who makes a
complaint shall receive a timely response from the provider
that which substantively addresses the complaint. The provider
shall inform the patient and the patient's his family or legal
guardian about other sources of assistance if the provider has
not resolved the complaint to the satisfaction of the patient
or the patient's his family or legal guardian.
(y) A patient resident may refuse to perform labor at a
program unless such labor is a part of the patient's his
individual treatment plan program as documented in the
patient's his clinical record.
(z) A person who is in need of services treatment may apply
for voluntary admission to a treatment program in the manner
and with the rights provided for under regulations promulgated
by the Department. If a person is refused admission, then
staff, to a licensed treatment program, the staff of the
program, subject to rules promulgated by the Department, shall
refer the person to another facility or to other appropriate
services. treatment or other appropriate program.
(aa) No patient shall be denied services based solely on
HIV status. Further, records and information governed by the
AIDS Confidentiality Act and the AIDS Confidentiality and
Testing Code (77 Ill. Adm. Code 697) shall be maintained in
accordance therewith.
(bb) Records of the identity, diagnosis, prognosis or
treatment of any patient maintained in connection with the
performance of any service program or activity relating to
substance use disorder alcohol or other drug abuse or
dependency education, early intervention, intervention,
training, or treatment that or rehabilitation which is
regulated, authorized, or directly or indirectly assisted by
any Department or agency of this State or under any provision
of this Act shall be confidential and may be disclosed only in
accordance with the provisions of federal law and regulations
concerning the confidentiality of substance use disorder
alcohol and drug abuse patient records as contained in 42
U.S.C. Sections 290dd-2 290dd-3 and 290ee-3 and 42 C.F.R. Part
2, or any successor federal statute or regulation.
(1) The following are exempt from the confidentiality
protections set forth in 42 C.F.R. Section 2.12(c):
(A) Veteran's Administration records.
(B) Information obtained by the Armed Forces.
(C) Information given to qualified service
organizations.
(D) Communications within a program or between a
program and an entity having direct administrative
control over that program.
(E) Information given to law enforcement personnel
investigating a patient's commission of a crime on the
program premises or against program personnel.
(F) Reports under State law of incidents of
suspected child abuse and neglect; however,
confidentiality restrictions continue to apply to the
records and any follow-up information for disclosure
and use in civil or criminal proceedings arising from
the report of suspected abuse or neglect.
(2) If the information is not exempt, a disclosure can
be made only under the following circumstances:
(A) With patient consent as set forth in 42 C.F.R.
Sections 2.1(b)(1) and 2.31, and as consistent with
pertinent State law.
(B) For medical emergencies as set forth in 42
C.F.R. Sections 2.1(b)(2) and 2.51.
(C) For research activities as set forth in 42
C.F.R. Sections 2.1(b)(2) and 2.52.
(D) For audit evaluation activities as set forth in
42 C.F.R. Section 2.53.
(E) With a court order as set forth in 42 C.F.R.
Sections 2.61 through 2.67.
(3) The restrictions on disclosure and use of patient
information apply whether the holder of the information
already has it, has other means of obtaining it, is a law
enforcement or other official, has obtained a subpoena, or
asserts any other justification for a disclosure or use
that which is not permitted by 42 C.F.R. Part 2. Any court
orders authorizing disclosure of patient records under
this Act must comply with the procedures and criteria set
forth in 42 C.F.R. Sections 2.64 and 2.65. Except as
authorized by a court order granted under this Section, no
record referred to in this Section may be used to initiate
or substantiate any charges against a patient or to conduct
any investigation of a patient.
(4) The prohibitions of this subsection shall apply to
records concerning any person who has been a patient,
regardless of whether or when the person he ceases to be a
patient.
(5) Any person who discloses the content of any record
referred to in this Section except as authorized shall,
upon conviction, be guilty of a Class A misdemeanor.
(6) The Department shall prescribe regulations to
carry out the purposes of this subsection. These
regulations may contain such definitions, and may provide
for such safeguards and procedures, including procedures
and criteria for the issuance and scope of court orders, as
in the judgment of the Department are necessary or proper
to effectuate the purposes of this Section, to prevent
circumvention or evasion thereof, or to facilitate
compliance therewith.
(cc) Each patient shall be given a written explanation of
all the rights enumerated in this Section and a copy, signed by
the patient, shall be kept in every patient record. If a
patient is unable to read such written explanation, it shall be
read to the patient in a language that the patient understands.
A copy of all the rights enumerated in this Section shall be
posted in a conspicuous place within the program where it may
readily be seen and read by program patients and visitors.
(dd) The program shall ensure that its staff is familiar
with and observes the rights and responsibilities enumerated in
this Section.
(ee) Licensed organizations shall comply with the right of
any adolescent to consent to treatment without approval of the
parent or legal guardian in accordance with the Consent by
Minors to Medical Procedures Act.
(ff) At the point of admission for services, licensed
organizations must obtain written informed consent, as defined
in Section 1-10 and in administrative rule, from each client,
patient, or legal guardian.
(Source: P.A. 99-143, eff. 7-27-15.)
(20 ILCS 301/35-5)
Sec. 35-5. Services for pregnant women and mothers.
(a) In order to promote a comprehensive, statewide and
multidisciplinary approach to serving addicted pregnant women
and mothers, including those who are minors, and their children
who are affected by substance use disorders, alcoholism and
other drug abuse or dependency, the Department shall have
responsibility for an ongoing exchange of referral
information, as set forth in subsections (b) and (c) of this
Section, among the following:
(1) those who provide medical and social services to
pregnant women, mothers and their children, whether or not
there exists evidence of a substance use disorder. These
include any other State-funded medical or social services
to pregnant women. alcoholism or other drug abuse or
dependency. These include providers in the Healthy
Moms/Healthy Kids program, the Drug Free Families With a
Future program, the Parents Too Soon program, and any other
State-funded medical or social service programs which
provide services to pregnant women.
(2) providers of treatment services to women affected
by substance use disorders. alcoholism or other drug abuse
or dependency.
(b) (Blank). The Department may, in conjunction with the
Departments of Children and Family Services, Public Health and
Public Aid, develop and maintain an updated and comprehensive
list of medical and social service providers by geographic
region. The Department may periodically send this
comprehensive list of medical and social service providers to
all providers of treatment for alcoholism and other drug abuse
and dependency, identified under subsection (f) of this
Section, so that appropriate referrals can be made. The
Department shall obtain the specific consent of each provider
of services before publishing, distributing, verbally making
information available for purposes of referral, or otherwise
publicizing the availability of services from a provider. The
Department may make information concerning availability of
services available to recipients, but may not require
recipients to specific sources of care.
(c) (Blank). The Department may, on an ongoing basis, keep
all medical and social service providers identified under
subsection (b) of this Section informed about any relevant
changes in any laws relating to alcoholism and other drug abuse
and dependency, about services that are available from any
State agencies for addicted pregnant women and addicted mothers
and their children, and about any other developments that the
Department finds to be informative.
(d) (Blank). All providers of treatment for alcoholism and
other drug abuse and dependency may receive information from
the Department on the availability of services under the Drug
Free Families with a Future or any comparable program providing
case management services for alcoholic or addicted women,
including information on appropriate referrals for other
services that may be needed in addition to treatment.
(e) (Blank). The Department may implement the policies and
programs set forth in this Section with the advice of the
Committee on Women's Alcohol and Substance Abuse Treatment
created under Section 10-20 of this Act.
(f) The Department shall develop and maintain an updated
and comprehensive directory of licensed service providers that
deliver provide treatment and intervention services. The
Department shall post on its website a licensed provider
directory updated at least quarterly. services to pregnant
women, mothers, and their children in this State. The
Department shall disseminate an updated directory as often as
is necessary to the list of medical and social service
providers compiled under subsection (b) of this Section. The
Department shall obtain the specific consent of each provider
of services before publishing, distributing, verbally making
information available for purposes of referral or otherwise
using or publicizing the availability of services from a
provider. The Department may make information concerning
availability of services available to recipients, but may not
require recipients to use specific sources of care.
(g) As a condition of any State grant or contract, the
Department shall require that any treatment program for
addicted women with substance use disorders provide services,
either by its own staff or by agreement with other agencies or
individuals, which include but need not be limited to the
following:
(1) coordination with any the Healthy Moms/Healthy
Kids program, the Drug Free Families with a Future program,
or any comparable program providing case management
services to ensure assure ongoing monitoring and
coordination of services after the addicted woman has
returned home.
(2) coordination with medical services for individual
medical care of addicted pregnant women, including
prenatal care under the supervision of a physician.
(3) coordination with child care services. under any
State plan developed pursuant to subsection (e) of Section
10-25 of this Act.
(h) As a condition of any State grant or contract, the
Department shall require that any nonresidential program
receiving any funding for treatment services accept women who
are pregnant, provided that such services are clinically
appropriate. Failure to comply with this subsection shall
result in termination of the grant or contract and loss of
State funding.
(i)(1) From funds appropriated expressly for the purposes
of this Section, the Department shall create or contract with
licensed, certified agencies to develop a program for the care
and treatment of addicted pregnant women, addicted mothers and
their children. The program shall be in Cook County in an area
of high density population having a disproportionate number of
addicted women with substance use disorders and a high infant
mortality rate.
(2) From funds appropriated expressly for the purposes of
this Section, the Department shall create or contract with
licensed, certified agencies to develop a program for the care
and treatment of low income pregnant women. The program shall
be located anywhere in the State outside of Cook County in an
area of high density population having a disproportionate
number of low income pregnant women.
(3) In implementing the programs established under this
subsection, the Department shall contract with existing
residential treatment or residencies or recovery homes in areas
having a disproportionate number of women with substance use
disorders who who abuse alcohol or other drugs and need
residential treatment and counseling. Priority shall be given
to addicted and abusing women who:
(A) are pregnant, especially if they are intravenous
drug users,
(B) have minor children,
(C) are both pregnant and have minor children, or
(D) are referred by medical personnel because they
either have given birth to a baby with a substance use
disorder, addicted to a controlled substance, or will give
birth to a baby with a addicted to a controlled substance
use disorder.
(4) The services provided by the programs shall include but
not be limited to:
(A) individual medical care, including prenatal care,
under the supervision of a physician.
(B) temporary, residential shelter for pregnant women,
mothers and children when necessary.
(C) a range of educational or counseling services.
(D) comprehensive and coordinated social services,
including substance abuse therapy groups for the treatment
of substance use disorders; alcoholism and other drug abuse
and dependency; family therapy groups; programs to develop
positive self-awareness; parent-child therapy; and
residential support groups.
(5) (Blank). No services that require a license shall be
provided until and unless the recovery home or other residence
obtains and maintains the requisite license.
(Source: P.A. 88-80.)
(20 ILCS 301/35-10)
Sec. 35-10. Adolescent Family Life Program.
(a) The General Assembly finds and declares the following:
(1) In Illinois, a substantial number of babies are
born each year to adolescent mothers between 12 and 19
years of age.
(2) A substantial percentage of pregnant adolescents
have substance use disorders either abuse substances by
experimenting with alcohol and drugs or live in
environments an environment in which substance use
disorders occur abuse occurs and thus are at risk of
exposing their infants to dangerous and harmful
circumstances substances.
(3) It is difficult to provide substance use disorder
abuse counseling for adolescents in settings designed to
serve adults.
(b) To address the findings set forth in subsection (a),
and subject to appropriation, the Department of Human Services
as successor to the Department of Alcoholism and Substance
Abuse may establish and fund treatment strategies a 3-year
demonstration program in Cook County to be known as the
Adolescent Family Life Program. The program shall be designed
specifically to meet the developmental, social, and
educational needs of high-risk pregnant adolescents and shall
do the following:
(1) To the maximum extent feasible and appropriate,
utilize existing services programs and funding rather than
create new, duplicative programs and services.
(2) Include plans for coordination and collaboration
with existing perinatal substance use disorder services.
abuse programs.
(3) Include goals and objectives for reducing the
incidence of high-risk pregnant adolescents.
(4) Be culturally and linguistically appropriate to
the population being served.
(5) Include staff development training by substance
use disorder abuse counselors.
As used in this Section, "high-risk pregnant adolescent"
means a person at least 12 but not more than 18 years of age
with a substance use disorder who uses alcohol to excess, is
addicted to a controlled substance, or habitually uses cannabis
and is pregnant.
(c) (Blank). If the Department establishes a program under
this Section, the Department shall report the following to the
General Assembly on or before the first day of the thirty-first
month following the month in which the program is initiated:
(1) An accounting of the incidence of high-risk
pregnant adolescents who are abusing alcohol or drugs or a
combination of alcohol and drugs.
(2) An accounting of the health outcomes of infants of
high-risk pregnant adolescents, including infant
morbidity, rehospitalization, low birth weight, premature
birth, developmental delay, and other related areas.
(3) An accounting of school enrollment among high-risk
pregnant adolescents.
(4) An assessment of the effectiveness of the
counseling services in reducing the incidence of high-risk
pregnant adolescents who are abusing alcohol or drugs or a
combination of alcohol and drugs.
(5) The effectiveness of the component of other health
programs aimed at reducing substance use among pregnant
adolescents.
(6) The need for an availability of substance abuse
treatment programs in the program areas that are
appropriate, acceptable, and accessible to adolescents.
(Source: P.A. 90-238, eff. 1-1-98.)
(20 ILCS 301/Art. 40 heading)
ARTICLE 40. SUBSTANCE USE DISORDER TREATMENT ALTERNATIVES
FOR CRIMINAL JUSTICE CLIENTS
(20 ILCS 301/40-5)
Sec. 40-5. Election of treatment. An individual with a
substance use disorder addict or alcoholic who is charged with
or convicted of a crime or any other person charged with or
convicted of a misdemeanor violation of the Use of Intoxicating
Compounds Act and who has not been previously convicted of a
violation of that Act may elect treatment under the supervision
of a program holding a valid intervention license for
designated program services issued a licensed program
designated by the Department, referred to in this Article as
"designated program", unless:
(1) the crime is a crime of violence;
(2) the crime is a violation of Section 401(a), 401(b),
401(c) where the person electing treatment has been
previously convicted of a non-probationable felony or the
violation is non-probationable, 401(d) where the violation
is non-probationable, 401.1, 402(a), 405 or 407 of the
Illinois Controlled Substances Act, or Section 12-7.3 of
the Criminal Code of 2012, or Section 4(d), 4(e), 4(f),
4(g), 5(d), 5(e), 5(f), 5(g), 5.1, 7 or 9 of the Cannabis
Control Act or Section 15, 20, 55, 60(b)(3), 60(b)(4),
60(b)(5), 60(b)(6), or 65 of the Methamphetamine Control
and Community Protection Act or is otherwise ineligible for
probation under Section 70 of the Methamphetamine Control
and Community Protection Act;
(3) the person has a record of 2 or more convictions of
a crime of violence;
(4) other criminal proceedings alleging commission of
a felony are pending against the person;
(5) the person is on probation or parole and the
appropriate parole or probation authority does not consent
to that election;
(6) the person elected and was admitted to a designated
program on 2 prior occasions within any consecutive 2-year
period;
(7) the person has been convicted of residential
burglary and has a record of one or more felony
convictions;
(8) the crime is a violation of Section 11-501 of the
Illinois Vehicle Code or a similar provision of a local
ordinance; or
(9) the crime is a reckless homicide or a reckless
homicide of an unborn child, as defined in Section 9-3 or
9-3.2 of the Criminal Code of 1961 or the Criminal Code of
2012, in which the cause of death consists of the driving
of a motor vehicle by a person under the influence of
alcohol or any other drug or drugs at the time of the
violation.
Nothing in this Section shall preclude an individual who is
charged with or convicted of a crime that is a violation of
Section 60(b)(1) or 60(b)(2) of the Methamphetamine Control and
Community Protection Act, and who is otherwise eligible to make
the election provided for under this Section, from being
eligible to make an election for treatment as a condition of
probation as provided for under this Article.
(Source: P.A. 98-896, eff. 1-1-15; 98-1124, eff. 8-26-14;
99-78, eff. 7-20-15.)
(20 ILCS 301/40-10)
Sec. 40-10. Treatment as a condition of probation.
(a) If a court has reason to believe that an individual who
is charged with or convicted of a crime suffers from a
substance use disorder alcoholism or other drug addiction and
the court finds that he or she is eligible to make the election
provided for under Section 40-5, the court shall advise the
individual that he or she may be sentenced to probation and
shall be subject to terms and conditions of probation under
Section 5-6-3 of the Unified Code of Corrections if he or she
elects to participate in submit to treatment and is accepted
for services treatment by a designated program. The court shall
further advise the individual that:
(1) If if he or she elects to participate in submit to
treatment and is accepted he or she shall be sentenced to
probation and placed under the supervision of the
designated program for a period not to exceed the maximum
sentence that could be imposed for his or her conviction or
5 years, whichever is less.
(2) During during probation he or she may be treated at
the discretion of the designated program.
(3) If if he or she adheres to the requirements of the
designated program and fulfills the other conditions of
probation ordered by the court, he or she will be
discharged, but any failure to adhere to the requirements
of the designated program is a breach of probation.
The court may require certify an individual to obtain for
treatment while on probation under the supervision of a
designated program and probation authorities regardless of the
election of the individual if the assessment, as specified in
subsection (b), indicates that such treatment is medically
necessary.
(b) If the individual elects to undergo treatment or is
required to obtain certified for treatment, the court shall
order an assessment examination by a designated program to
determine whether he or she suffers from a substance use
disorder alcoholism or other drug addiction and is likely to be
rehabilitated through treatment. The designated program shall
report to the court the results of the assessment and, if
treatment is determined medically necessary, indicate the
diagnosis and the recommended initial level of care.
examination and recommend whether the individual should be
placed for treatment. If the court, on the basis of the report
and other information, finds that such an individual suffers
from a substance use disorder alcoholism or other drug
addiction and is likely to be rehabilitated through treatment,
the individual shall be placed on probation and under the
supervision of a designated program for treatment and under the
supervision of the proper probation authorities for probation
supervision unless, giving consideration to the nature and
circumstances of the offense and to the history, character, and
condition of the individual, the court is of the opinion that
no significant relationship exists between the substance use
disorder addiction or alcoholism of the individual and the
crime committed, or that his or her imprisonment or periodic
imprisonment is necessary for the protection of the public, and
the court specifies on the record the particular evidence,
information, or other reasons that form the basis of such
opinion. However, under no circumstances shall the individual
be placed under the supervision of a designated program for
treatment before the entry of a judgment of conviction.
(c) If the court, on the basis of the report or other
information, finds that the individual suffering froma
substance use disorder alcoholism or other drug addiction is
not likely to be rehabilitated through treatment, or that his
or her substance use disorder addiction or alcoholism and the
crime committed are not significantly related, or that his or
her imprisonment or periodic imprisonment is necessary for the
protection of the public, the court shall impose sentence as in
other cases. The court may require such progress reports on the
individual from the probation officer and designated program as
the court finds necessary. Case management services, as defined
in this Act and as further described by rule, shall also be
delivered by the designated program. No individual may be
placed under treatment supervision unless a designated program
accepts him or her for treatment.
(d) Failure of an individual placed on probation and under
the supervision of a designated program to observe the
requirements set down by the designated program shall be
considered a probation violation. Such failure shall be
reported by the designated program to the probation officer in
charge of the individual and treated in accordance with
probation regulations.
(e) Upon successful fulfillment of the terms and conditions
of probation the court shall discharge the person from
probation. If the person has not previously been convicted of
any felony offense and has not previously been granted a
vacation of judgment under this Section, upon motion, the court
shall vacate the judgment of conviction and dismiss the
criminal proceedings against him or her unless, having
considered the nature and circumstances of the offense and the
history, character and condition of the individual, the court
finds that the motion should not be granted. Unless good cause
is shown, such motion to vacate must be filed at any time from
the date of the entry of the judgment to a date that is not more
than 60 days after the discharge of the probation.
(Source: P.A. 99-574, eff. 1-1-17.)
(20 ILCS 301/40-15)
Sec. 40-15. Acceptance for treatment as a parole or
aftercare release condition. Acceptance for treatment for a
substance use disorder drug addiction or alcoholism under the
supervision of a designated program may be made a condition of
parole or aftercare release, and failure to comply with such
services treatment may be treated as a violation of parole or
aftercare release. A designated program shall establish the
conditions under which a parolee or releasee is accepted for
services treatment. No parolee or releasee may be placed under
the supervision of a designated program for treatment unless
the designated program accepts him or her for treatment. The
designated program shall make periodic progress reports
regarding each such parolee or releasee to the appropriate
parole authority and shall report failures to comply with the
prescribed treatment program.
(Source: P.A. 98-558, eff. 1-1-14.)
(20 ILCS 301/45-5)
Sec. 45-5. Inspections.
(a) Employees or officers of the Department are authorized
to enter, at reasonable times and upon presentation of
credentials, the premises on which any licensed or funded
activity is conducted, including off-site services, in order to
inspect all pertinent property, records, personnel and
business data that which relate to such activity.
(b) When authorized by an administrative inspection
warrant issued pursuant to this Act, any officer or employee
may execute the inspection warrant according to its terms.
Entries, inspections and seizures of property may be made
without a warrant:
(1) if the person in charge of the premises consents.
(2) in situations presenting imminent danger to health
or safety.
(3) in situations involving inspections of conveyances
if there is reasonable cause to believe that the mobility
of the conveyance makes it impracticable to obtain a
warrant.
(4) in any other exceptional or emergency
circumstances where time or opportunity to apply for a
warrant is lacking.
(c) Issuance and execution of administrative inspection
warrants shall be as follows.
(1) A judge of the circuit court, upon proper oath or
affirmation showing probable cause, may issue
administrative inspection warrants for the purpose of
conducting inspections and seizing property. Probable
cause exists upon showing a valid public interest in the
effective enforcement of this Act or regulations
promulgated hereunder, sufficient to justify inspection or
seizure of property.
(2) An inspection warrant shall be issued only upon an
affidavit of a person having knowledge of the facts
alleged, sworn to before the circuit judge and established
as grounds for issuance of a warrant. If the circuit judge
is satisfied that probable cause exists, he shall issue an
inspection warrant identifying the premises to be
inspected, the property, if any, to be seized, and the
purpose of the inspection or seizure.
(3) The inspection warrant shall state the grounds for
its issuance, the names of persons whose affidavits have
been taken in support thereof and any items or types of
property to be seized.
(4) The inspection warrant shall be directed to a
person authorized by the Secretary to execute it, shall
command the person to inspect or seize the property, direct
that it be served at any time of day or night, and
designate a circuit judge to whom it shall be returned.
(5) The inspection warrant must be executed and
returned within 10 days of the date of issuance unless the
court orders otherwise.
(6) If property is seized, an inventory shall be made.
A copy of the inventory of the seized property shall be
given to the person from whom the property was taken, or if
no person is available to receive the inventory, it shall
be left at the premises.
(7) No warrant shall be quashed nor evidence suppressed
because of technical irregularities not affecting the
substantive rights of the persons affected. The Department
shall have exclusive jurisdiction for the enforcement of
this Act and for violations thereof.
(Source: P.A. 88-80; 89-202, eff. 7-21-95; 89-507, eff.
7-1-97.)
(20 ILCS 301/50-10)
Sec. 50-10. Alcoholism and Substance Abuse Fund. Monies
received from the federal government, except monies received
under the Block Grant for the Prevention and Treatment of
Alcoholism and Substance Abuse, and other gifts or grants made
by any person or other organization or State entity to the fund
shall be deposited into the Alcoholism and Substance Abuse Fund
which is hereby created as a special fund in the State
treasury. Monies in this fund shall be appropriated to the
Department and expended for the purposes and activities
specified by the person, organization or federal agency making
the gift or grant.
(Source: P.A. 98-463, eff. 8-16-13.)
(20 ILCS 301/50-20)
Sec. 50-20. Drunk and Drugged Driving Prevention Fund.
There is hereby created in the State treasury a special fund to
be known as the Drunk and Drugged Driving Prevention Fund.
There shall be deposited into this Fund such amounts as may be
received pursuant to subsection (c)(2) of Section 6-118 of the
Illinois Vehicle Code. Monies in this fund shall be
appropriated to the Department and expended for the purpose of
making grants to reimburse DUI evaluation and risk remedial
education programs licensed by the Department for the costs of
providing indigent persons with free or reduced-cost services
relating to a criminal charge of driving under the influence of
alcohol or other drugs. Monies in the Drunk and Drugged Driving
Prevention Fund may also be used to enhance and support
regulatory inspections and investigations conducted by the
Department under Article 45 of this Act. The balance of the
Fund on June 30 of each fiscal year, less the amount of any
expenditures attributable to that fiscal year during the lapse
period, shall be transferred by the Treasurer to the General
Revenue Fund by the following October 10.
(Source: P.A. 88-80.)
(20 ILCS 301/50-40)
Sec. 50-40. Group Home Loan Revolving Fund.
(a) There is hereby established the Group Home Loan
Revolving Fund, referred to in this Section as the "fund", to
be held as a separate fund within the State Treasury. Monies in
this fund shall be appropriated to the Department on a
continuing annual basis. With these funds, the Department
shall, directly or through subcontract, make loans to assist in
underwriting the costs of housing in which there may reside no
fewer than 6 individuals who are recovering from substance use
disorders alcohol or other drug abuse or dependency, and who
are seeking an alcohol-free or a drug-free environment in which
to live. Consistent with federal law and regulation, the
Department may establish guidelines for approving the use and
management of monies loaned from the fund, the operation of
group homes receiving loans under this Section and the
repayment of monies loaned.
(b) There shall be deposited into the fund such amounts
including, but not limited to:
(1) all receipts, including principal and interest
payments and royalties, from any applicable loan agreement
made from the fund.
(2) all proceeds of assets of whatever nature received
by the Department as a result of default or delinquency
with respect to loan agreements made from the fund,
including proceeds from the sale, disposal, lease or rental
of real or personal property that which the Department may
receive as a result thereof.
(3) any direct appropriations made by the General
Assembly, or any gifts or grants made by any person to the
fund.
(4) any income received from interest on investments of
monies in the fund.
(c) The Treasurer may invest monies in the fund in
securities constituting obligations of the United States
government, or in obligations the principal of and interest on
which are guaranteed by the United States government, or in
certificates of deposit of any State or national bank which are
fully secured by obligations guaranteed as to principal and
interest by the United States government.
(Source: P.A. 88-80.)
(20 ILCS 301/55-25)
Sec. 55-25. Drug court grant program.
(a) Subject to appropriation, the Department Division of
Alcoholism and Substance Abuse within the Department of Human
Services shall establish a program to administer grants to
local drug courts. Grant moneys may be used for the following
purposes:
(1) treatment or other clinical intervention through
an appropriately licensed provider;
(2) monitoring, supervision, and clinical case
management via probation, Department Designated Programs,
or licensed treatment providers; , TASC, or other licensed
Division of Alcoholism and Substance Abuse (DASA)
providers;
(3) transportation of the offender to required
appointments;
(4) interdisciplinary and other training of both
clinical and legal professionals who are involved in the
local drug court;
(5) other activities including data collection related
to drug court operation and purchase of software or other
administrative tools to assist in the overall management of
the local system; or
(6) court appointed special advocate programs.
(b) The position of Statewide Drug Court Coordinator is
created as a full-time position within the Department Division
of Alcoholism and Substance Abuse. The Statewide Drug Court
Coordinator shall be responsible for the following:
(1) coordinating training, technical assistance, and
overall support to drug courts in Illinois;
(2) assisting in the development of new drug courts and
advising local partnerships on appropriate practices;
(3) collecting data from local drug court partnerships
on drug court operations and aggregating that data into an
annual report to be presented to the General Assembly; and
(4) acting as a liaison between the State and the
Illinois Association of Drug Court Professionals.
(Source: P.A. 95-204, eff. 1-1-08.)
(20 ILCS 301/55-30)
Sec. 55-30. Rate increase. The Department Within 30 days
after the effective date of this amendatory Act of the 100th
General Assembly, the Division of Alcoholism and Substance
Abuse shall by rule develop the increased rate methodology and
annualize the increased rate beginning with State fiscal year
2018 contracts to licensed providers of community-based
substance use disorder intervention or treatment community
based addiction treatment, based on the additional amounts
appropriated for the purpose of providing a rate increase to
licensed providers of community based addiction treatment. The
Department shall adopt rules, including emergency rules under
subsection (y) of Section 5-45 of the Illinois Administrative
Procedure Act, to implement the provisions of this Section.
(Source: P.A. 100-23, eff. 7-6-17.)
(20 ILCS 301/10-20 rep.)
(20 ILCS 301/10-25 rep.)
(20 ILCS 301/10-30 rep.)
(20 ILCS 301/10-55 rep.)
(20 ILCS 301/10-60 rep.)
Section 10. The Alcoholism and Other Drug Abuse and
Dependency Act is amended by repealing Sections 10-20, 10-25,
10-30, 10-55, and 10-60.
Section 11. The Children and Family Services Act is amended
by changing Section 5 as follows:
(20 ILCS 505/5) (from Ch. 23, par. 5005)
Sec. 5. Direct child welfare services; Department of
Children and Family Services. To provide direct child welfare
services when not available through other public or private
child care or program facilities.
(a) For purposes of this Section:
(1) "Children" means persons found within the State who
are under the age of 18 years. The term also includes
persons under age 21 who:
(A) were committed to the Department pursuant to
the Juvenile Court Act or the Juvenile Court Act of
1987, as amended, prior to the age of 18 and who
continue under the jurisdiction of the court; or
(B) were accepted for care, service and training by
the Department prior to the age of 18 and whose best
interest in the discretion of the Department would be
served by continuing that care, service and training
because of severe emotional disturbances, physical
disability, social adjustment or any combination
thereof, or because of the need to complete an
educational or vocational training program.
(2) "Homeless youth" means persons found within the
State who are under the age of 19, are not in a safe and
stable living situation and cannot be reunited with their
families.
(3) "Child welfare services" means public social
services which are directed toward the accomplishment of
the following purposes:
(A) protecting and promoting the health, safety
and welfare of children, including homeless, dependent
or neglected children;
(B) remedying, or assisting in the solution of
problems which may result in, the neglect, abuse,
exploitation or delinquency of children;
(C) preventing the unnecessary separation of
children from their families by identifying family
problems, assisting families in resolving their
problems, and preventing the breakup of the family
where the prevention of child removal is desirable and
possible when the child can be cared for at home
without endangering the child's health and safety;
(D) restoring to their families children who have
been removed, by the provision of services to the child
and the families when the child can be cared for at
home without endangering the child's health and
safety;
(E) placing children in suitable adoptive homes,
in cases where restoration to the biological family is
not safe, possible or appropriate;
(F) assuring safe and adequate care of children
away from their homes, in cases where the child cannot
be returned home or cannot be placed for adoption. At
the time of placement, the Department shall consider
concurrent planning, as described in subsection (l-1)
of this Section so that permanency may occur at the
earliest opportunity. Consideration should be given so
that if reunification fails or is delayed, the
placement made is the best available placement to
provide permanency for the child;
(G) (blank);
(H) (blank); and
(I) placing and maintaining children in facilities
that provide separate living quarters for children
under the age of 18 and for children 18 years of age
and older, unless a child 18 years of age is in the
last year of high school education or vocational
training, in an approved individual or group treatment
program, in a licensed shelter facility, or secure
child care facility. The Department is not required to
place or maintain children:
(i) who are in a foster home, or
(ii) who are persons with a developmental
disability, as defined in the Mental Health and
Developmental Disabilities Code, or
(iii) who are female children who are
pregnant, pregnant and parenting or parenting, or
(iv) who are siblings, in facilities that
provide separate living quarters for children 18
years of age and older and for children under 18
years of age.
(b) Nothing in this Section shall be construed to authorize
the expenditure of public funds for the purpose of performing
abortions.
(c) The Department shall establish and maintain
tax-supported child welfare services and extend and seek to
improve voluntary services throughout the State, to the end
that services and care shall be available on an equal basis
throughout the State to children requiring such services.
(d) The Director may authorize advance disbursements for
any new program initiative to any agency contracting with the
Department. As a prerequisite for an advance disbursement, the
contractor must post a surety bond in the amount of the advance
disbursement and have a purchase of service contract approved
by the Department. The Department may pay up to 2 months
operational expenses in advance. The amount of the advance
disbursement shall be prorated over the life of the contract or
the remaining months of the fiscal year, whichever is less, and
the installment amount shall then be deducted from future
bills. Advance disbursement authorizations for new initiatives
shall not be made to any agency after that agency has operated
during 2 consecutive fiscal years. The requirements of this
Section concerning advance disbursements shall not apply with
respect to the following: payments to local public agencies for
child day care services as authorized by Section 5a of this
Act; and youth service programs receiving grant funds under
Section 17a-4.
(e) (Blank).
(f) (Blank).
(g) The Department shall establish rules and regulations
concerning its operation of programs designed to meet the goals
of child safety and protection, family preservation, family
reunification, and adoption, including but not limited to:
(1) adoption;
(2) foster care;
(3) family counseling;
(4) protective services;
(5) (blank);
(6) homemaker service;
(7) return of runaway children;
(8) (blank);
(9) placement under Section 5-7 of the Juvenile Court
Act or Section 2-27, 3-28, 4-25 or 5-740 of the Juvenile
Court Act of 1987 in accordance with the federal Adoption
Assistance and Child Welfare Act of 1980; and
(10) interstate services.
Rules and regulations established by the Department shall
include provisions for training Department staff and the staff
of Department grantees, through contracts with other agencies
or resources, in alcohol and drug abuse screening techniques to
identify substance use disorders, as defined in the Substance
Use Disorder Act, approved by the Department of Human Services,
as a successor to the Department of Alcoholism and Substance
Abuse, for the purpose of identifying children and adults who
should be referred for an assessment at an organization
appropriately licensed by the Department of Human Services for
substance use disorder treatment to an alcohol and drug abuse
treatment program for professional evaluation.
(h) If the Department finds that there is no appropriate
program or facility within or available to the Department for a
youth in care and that no licensed private facility has an
adequate and appropriate program or none agrees to accept the
youth in care, the Department shall create an appropriate
individualized, program-oriented plan for such youth in care.
The plan may be developed within the Department or through
purchase of services by the Department to the extent that it is
within its statutory authority to do.
(i) Service programs shall be available throughout the
State and shall include but not be limited to the following
services:
(1) case management;
(2) homemakers;
(3) counseling;
(4) parent education;
(5) day care; and
(6) emergency assistance and advocacy.
In addition, the following services may be made available
to assess and meet the needs of children and families:
(1) comprehensive family-based services;
(2) assessments;
(3) respite care; and
(4) in-home health services.
The Department shall provide transportation for any of the
services it makes available to children or families or for
which it refers children or families.
(j) The Department may provide categories of financial
assistance and education assistance grants, and shall
establish rules and regulations concerning the assistance and
grants, to persons who adopt children with physical or mental
disabilities, children who are older, or other hard-to-place
children who (i) immediately prior to their adoption were youth
in care or (ii) were determined eligible for financial
assistance with respect to a prior adoption and who become
available for adoption because the prior adoption has been
dissolved and the parental rights of the adoptive parents have
been terminated or because the child's adoptive parents have
died. The Department may continue to provide financial
assistance and education assistance grants for a child who was
determined eligible for financial assistance under this
subsection (j) in the interim period beginning when the child's
adoptive parents died and ending with the finalization of the
new adoption of the child by another adoptive parent or
parents. The Department may also provide categories of
financial assistance and education assistance grants, and
shall establish rules and regulations for the assistance and
grants, to persons appointed guardian of the person under
Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28,
4-25 or 5-740 of the Juvenile Court Act of 1987 for children
who were youth in care for 12 months immediately prior to the
appointment of the guardian.
The amount of assistance may vary, depending upon the needs
of the child and the adoptive parents, as set forth in the
annual assistance agreement. Special purpose grants are
allowed where the child requires special service but such costs
may not exceed the amounts which similar services would cost
the Department if it were to provide or secure them as guardian
of the child.
Any financial assistance provided under this subsection is
inalienable by assignment, sale, execution, attachment,
garnishment, or any other remedy for recovery or collection of
a judgment or debt.
(j-5) The Department shall not deny or delay the placement
of a child for adoption if an approved family is available
either outside of the Department region handling the case, or
outside of the State of Illinois.
(k) The Department shall accept for care and training any
child who has been adjudicated neglected or abused, or
dependent committed to it pursuant to the Juvenile Court Act or
the Juvenile Court Act of 1987.
(l) The Department shall offer family preservation
services, as defined in Section 8.2 of the Abused and Neglected
Child Reporting Act, to help families, including adoptive and
extended families. Family preservation services shall be
offered (i) to prevent the placement of children in substitute
care when the children can be cared for at home or in the
custody of the person responsible for the children's welfare,
(ii) to reunite children with their families, or (iii) to
maintain an adoptive placement. Family preservation services
shall only be offered when doing so will not endanger the
children's health or safety. With respect to children who are
in substitute care pursuant to the Juvenile Court Act of 1987,
family preservation services shall not be offered if a goal
other than those of subdivisions (A), (B), or (B-1) of
subsection (2) of Section 2-28 of that Act has been set.
Nothing in this paragraph shall be construed to create a
private right of action or claim on the part of any individual
or child welfare agency, except that when a child is the
subject of an action under Article II of the Juvenile Court Act
of 1987 and the child's service plan calls for services to
facilitate achievement of the permanency goal, the court
hearing the action under Article II of the Juvenile Court Act
of 1987 may order the Department to provide the services set
out in the plan, if those services are not provided with
reasonable promptness and if those services are available.
The Department shall notify the child and his family of the
Department's responsibility to offer and provide family
preservation services as identified in the service plan. The
child and his family shall be eligible for services as soon as
the report is determined to be "indicated". The Department may
offer services to any child or family with respect to whom a
report of suspected child abuse or neglect has been filed,
prior to concluding its investigation under Section 7.12 of the
Abused and Neglected Child Reporting Act. However, the child's
or family's willingness to accept services shall not be
considered in the investigation. The Department may also
provide services to any child or family who is the subject of
any report of suspected child abuse or neglect or may refer
such child or family to services available from other agencies
in the community, even if the report is determined to be
unfounded, if the conditions in the child's or family's home
are reasonably likely to subject the child or family to future
reports of suspected child abuse or neglect. Acceptance of such
services shall be voluntary. The Department may also provide
services to any child or family after completion of a family
assessment, as an alternative to an investigation, as provided
under the "differential response program" provided for in
subsection (a-5) of Section 7.4 of the Abused and Neglected
Child Reporting Act.
The Department may, at its discretion except for those
children also adjudicated neglected or dependent, accept for
care and training any child who has been adjudicated addicted,
as a truant minor in need of supervision or as a minor
requiring authoritative intervention, under the Juvenile Court
Act or the Juvenile Court Act of 1987, but no such child shall
be committed to the Department by any court without the
approval of the Department. On and after January 1, 2015 (the
effective date of Public Act 98-803) this amendatory Act of the
98th General Assembly and before January 1, 2017, a minor
charged with a criminal offense under the Criminal Code of 1961
or the Criminal Code of 2012 or adjudicated delinquent shall
not be placed in the custody of or committed to the Department
by any court, except (i) a minor less than 16 years of age
committed to the Department under Section 5-710 of the Juvenile
Court Act of 1987, (ii) a minor for whom an independent basis
of abuse, neglect, or dependency exists, which must be defined
by departmental rule, or (iii) a minor for whom the court has
granted a supplemental petition to reinstate wardship pursuant
to subsection (2) of Section 2-33 of the Juvenile Court Act of
1987. On and after January 1, 2017, a minor charged with a
criminal offense under the Criminal Code of 1961 or the
Criminal Code of 2012 or adjudicated delinquent shall not be
placed in the custody of or committed to the Department by any
court, except (i) a minor less than 15 years of age committed
to the Department under Section 5-710 of the Juvenile Court Act
of 1987, ii) a minor for whom an independent basis of abuse,
neglect, or dependency exists, which must be defined by
departmental rule, or (iii) a minor for whom the court has
granted a supplemental petition to reinstate wardship pursuant
to subsection (2) of Section 2-33 of the Juvenile Court Act of
1987. An independent basis exists when the allegations or
adjudication of abuse, neglect, or dependency do not arise from
the same facts, incident, or circumstances which give rise to a
charge or adjudication of delinquency. The Department shall
assign a caseworker to attend any hearing involving a youth in
the care and custody of the Department who is placed on
aftercare release, including hearings involving sanctions for
violation of aftercare release conditions and aftercare
release revocation hearings.
As soon as is possible after August 7, 2009 (the effective
date of Public Act 96-134), the Department shall develop and
implement a special program of family preservation services to
support intact, foster, and adoptive families who are
experiencing extreme hardships due to the difficulty and stress
of caring for a child who has been diagnosed with a pervasive
developmental disorder if the Department determines that those
services are necessary to ensure the health and safety of the
child. The Department may offer services to any family whether
or not a report has been filed under the Abused and Neglected
Child Reporting Act. The Department may refer the child or
family to services available from other agencies in the
community if the conditions in the child's or family's home are
reasonably likely to subject the child or family to future
reports of suspected child abuse or neglect. Acceptance of
these services shall be voluntary. The Department shall develop
and implement a public information campaign to alert health and
social service providers and the general public about these
special family preservation services. The nature and scope of
the services offered and the number of families served under
the special program implemented under this paragraph shall be
determined by the level of funding that the Department annually
allocates for this purpose. The term "pervasive developmental
disorder" under this paragraph means a neurological condition,
including but not limited to, Asperger's Syndrome and autism,
as defined in the most recent edition of the Diagnostic and
Statistical Manual of Mental Disorders of the American
Psychiatric Association.
(l-1) The legislature recognizes that the best interests of
the child require that the child be placed in the most
permanent living arrangement as soon as is practically
possible. To achieve this goal, the legislature directs the
Department of Children and Family Services to conduct
concurrent planning so that permanency may occur at the
earliest opportunity. Permanent living arrangements may
include prevention of placement of a child outside the home of
the family when the child can be cared for at home without
endangering the child's health or safety; reunification with
the family, when safe and appropriate, if temporary placement
is necessary; or movement of the child toward the most
permanent living arrangement and permanent legal status.
When determining reasonable efforts to be made with respect
to a child, as described in this subsection, and in making such
reasonable efforts, the child's health and safety shall be the
paramount concern.
When a child is placed in foster care, the Department shall
ensure and document that reasonable efforts were made to
prevent or eliminate the need to remove the child from the
child's home. The Department must make reasonable efforts to
reunify the family when temporary placement of the child occurs
unless otherwise required, pursuant to the Juvenile Court Act
of 1987. At any time after the dispositional hearing where the
Department believes that further reunification services would
be ineffective, it may request a finding from the court that
reasonable efforts are no longer appropriate. The Department is
not required to provide further reunification services after
such a finding.
A decision to place a child in substitute care shall be
made with considerations of the child's health, safety, and
best interests. At the time of placement, consideration should
also be given so that if reunification fails or is delayed, the
placement made is the best available placement to provide
permanency for the child.
The Department shall adopt rules addressing concurrent
planning for reunification and permanency. The Department
shall consider the following factors when determining
appropriateness of concurrent planning:
(1) the likelihood of prompt reunification;
(2) the past history of the family;
(3) the barriers to reunification being addressed by
the family;
(4) the level of cooperation of the family;
(5) the foster parents' willingness to work with the
family to reunite;
(6) the willingness and ability of the foster family to
provide an adoptive home or long-term placement;
(7) the age of the child;
(8) placement of siblings.
(m) The Department may assume temporary custody of any
child if:
(1) it has received a written consent to such temporary
custody signed by the parents of the child or by the parent
having custody of the child if the parents are not living
together or by the guardian or custodian of the child if
the child is not in the custody of either parent, or
(2) the child is found in the State and neither a
parent, guardian nor custodian of the child can be located.
If the child is found in his or her residence without a parent,
guardian, custodian or responsible caretaker, the Department
may, instead of removing the child and assuming temporary
custody, place an authorized representative of the Department
in that residence until such time as a parent, guardian or
custodian enters the home and expresses a willingness and
apparent ability to ensure the child's health and safety and
resume permanent charge of the child, or until a relative
enters the home and is willing and able to ensure the child's
health and safety and assume charge of the child until a
parent, guardian or custodian enters the home and expresses
such willingness and ability to ensure the child's safety and
resume permanent charge. After a caretaker has remained in the
home for a period not to exceed 12 hours, the Department must
follow those procedures outlined in Section 2-9, 3-11, 4-8, or
5-415 of the Juvenile Court Act of 1987.
The Department shall have the authority, responsibilities
and duties that a legal custodian of the child would have
pursuant to subsection (9) of Section 1-3 of the Juvenile Court
Act of 1987. Whenever a child is taken into temporary custody
pursuant to an investigation under the Abused and Neglected
Child Reporting Act, or pursuant to a referral and acceptance
under the Juvenile Court Act of 1987 of a minor in limited
custody, the Department, during the period of temporary custody
and before the child is brought before a judicial officer as
required by Section 2-9, 3-11, 4-8, or 5-415 of the Juvenile
Court Act of 1987, shall have the authority, responsibilities
and duties that a legal custodian of the child would have under
subsection (9) of Section 1-3 of the Juvenile Court Act of
1987.
The Department shall ensure that any child taken into
custody is scheduled for an appointment for a medical
examination.
A parent, guardian or custodian of a child in the temporary
custody of the Department who would have custody of the child
if he were not in the temporary custody of the Department may
deliver to the Department a signed request that the Department
surrender the temporary custody of the child. The Department
may retain temporary custody of the child for 10 days after the
receipt of the request, during which period the Department may
cause to be filed a petition pursuant to the Juvenile Court Act
of 1987. If a petition is so filed, the Department shall retain
temporary custody of the child until the court orders
otherwise. If a petition is not filed within the 10-day 10 day
period, the child shall be surrendered to the custody of the
requesting parent, guardian or custodian not later than the
expiration of the 10-day 10 day period, at which time the
authority and duties of the Department with respect to the
temporary custody of the child shall terminate.
(m-1) The Department may place children under 18 years of
age in a secure child care facility licensed by the Department
that cares for children who are in need of secure living
arrangements for their health, safety, and well-being after a
determination is made by the facility director and the Director
or the Director's designate prior to admission to the facility
subject to Section 2-27.1 of the Juvenile Court Act of 1987.
This subsection (m-1) does not apply to a child who is subject
to placement in a correctional facility operated pursuant to
Section 3-15-2 of the Unified Code of Corrections, unless the
child is a youth in care who was placed in the care of the
Department before being subject to placement in a correctional
facility and a court of competent jurisdiction has ordered
placement of the child in a secure care facility.
(n) The Department may place children under 18 years of age
in licensed child care facilities when in the opinion of the
Department, appropriate services aimed at family preservation
have been unsuccessful and cannot ensure the child's health and
safety or are unavailable and such placement would be for their
best interest. Payment for board, clothing, care, training and
supervision of any child placed in a licensed child care
facility may be made by the Department, by the parents or
guardians of the estates of those children, or by both the
Department and the parents or guardians, except that no
payments shall be made by the Department for any child placed
in a licensed child care facility for board, clothing, care,
training and supervision of such a child that exceed the
average per capita cost of maintaining and of caring for a
child in institutions for dependent or neglected children
operated by the Department. However, such restriction on
payments does not apply in cases where children require
specialized care and treatment for problems of severe emotional
disturbance, physical disability, social adjustment, or any
combination thereof and suitable facilities for the placement
of such children are not available at payment rates within the
limitations set forth in this Section. All reimbursements for
services delivered shall be absolutely inalienable by
assignment, sale, attachment, garnishment or otherwise.
(n-1) The Department shall provide or authorize child
welfare services, aimed at assisting minors to achieve
sustainable self-sufficiency as independent adults, for any
minor eligible for the reinstatement of wardship pursuant to
subsection (2) of Section 2-33 of the Juvenile Court Act of
1987, whether or not such reinstatement is sought or allowed,
provided that the minor consents to such services and has not
yet attained the age of 21. The Department shall have
responsibility for the development and delivery of services
under this Section. An eligible youth may access services under
this Section through the Department of Children and Family
Services or by referral from the Department of Human Services.
Youth participating in services under this Section shall
cooperate with the assigned case manager in developing an
agreement identifying the services to be provided and how the
youth will increase skills to achieve self-sufficiency. A
homeless shelter is not considered appropriate housing for any
youth receiving child welfare services under this Section. The
Department shall continue child welfare services under this
Section to any eligible minor until the minor becomes 21 years
of age, no longer consents to participate, or achieves
self-sufficiency as identified in the minor's service plan. The
Department of Children and Family Services shall create clear,
readable notice of the rights of former foster youth to child
welfare services under this Section and how such services may
be obtained. The Department of Children and Family Services and
the Department of Human Services shall disseminate this
information statewide. The Department shall adopt regulations
describing services intended to assist minors in achieving
sustainable self-sufficiency as independent adults.
(o) The Department shall establish an administrative
review and appeal process for children and families who request
or receive child welfare services from the Department. Youth in
care who are placed by private child welfare agencies, and
foster families with whom those youth are placed, shall be
afforded the same procedural and appeal rights as children and
families in the case of placement by the Department, including
the right to an initial review of a private agency decision by
that agency. The Department shall ensure that any private child
welfare agency, which accepts youth in care for placement,
affords those rights to children and foster families. The
Department shall accept for administrative review and an appeal
hearing a complaint made by (i) a child or foster family
concerning a decision following an initial review by a private
child welfare agency or (ii) a prospective adoptive parent who
alleges a violation of subsection (j-5) of this Section. An
appeal of a decision concerning a change in the placement of a
child shall be conducted in an expedited manner. A court
determination that a current foster home placement is necessary
and appropriate under Section 2-28 of the Juvenile Court Act of
1987 does not constitute a judicial determination on the merits
of an administrative appeal, filed by a former foster parent,
involving a change of placement decision.
(p) (Blank).
(q) The Department may receive and use, in their entirety,
for the benefit of children any gift, donation or bequest of
money or other property which is received on behalf of such
children, or any financial benefits to which such children are
or may become entitled while under the jurisdiction or care of
the Department.
The Department shall set up and administer no-cost,
interest-bearing accounts in appropriate financial
institutions for children for whom the Department is legally
responsible and who have been determined eligible for Veterans'
Benefits, Social Security benefits, assistance allotments from
the armed forces, court ordered payments, parental voluntary
payments, Supplemental Security Income, Railroad Retirement
payments, Black Lung benefits, or other miscellaneous
payments. Interest earned by each account shall be credited to
the account, unless disbursed in accordance with this
subsection.
In disbursing funds from children's accounts, the
Department shall:
(1) Establish standards in accordance with State and
federal laws for disbursing money from children's
accounts. In all circumstances, the Department's
"Guardianship Administrator" or his or her designee must
approve disbursements from children's accounts. The
Department shall be responsible for keeping complete
records of all disbursements for each account for any
purpose.
(2) Calculate on a monthly basis the amounts paid from
State funds for the child's board and care, medical care
not covered under Medicaid, and social services; and
utilize funds from the child's account, as covered by
regulation, to reimburse those costs. Monthly,
disbursements from all children's accounts, up to 1/12 of
$13,000,000, shall be deposited by the Department into the
General Revenue Fund and the balance over 1/12 of
$13,000,000 into the DCFS Children's Services Fund.
(3) Maintain any balance remaining after reimbursing
for the child's costs of care, as specified in item (2).
The balance shall accumulate in accordance with relevant
State and federal laws and shall be disbursed to the child
or his or her guardian, or to the issuing agency.
(r) The Department shall promulgate regulations
encouraging all adoption agencies to voluntarily forward to the
Department or its agent names and addresses of all persons who
have applied for and have been approved for adoption of a
hard-to-place child or child with a disability and the names of
such children who have not been placed for adoption. A list of
such names and addresses shall be maintained by the Department
or its agent, and coded lists which maintain the
confidentiality of the person seeking to adopt the child and of
the child shall be made available, without charge, to every
adoption agency in the State to assist the agencies in placing
such children for adoption. The Department may delegate to an
agent its duty to maintain and make available such lists. The
Department shall ensure that such agent maintains the
confidentiality of the person seeking to adopt the child and of
the child.
(s) The Department of Children and Family Services may
establish and implement a program to reimburse Department and
private child welfare agency foster parents licensed by the
Department of Children and Family Services for damages
sustained by the foster parents as a result of the malicious or
negligent acts of foster children, as well as providing third
party coverage for such foster parents with regard to actions
of foster children to other individuals. Such coverage will be
secondary to the foster parent liability insurance policy, if
applicable. The program shall be funded through appropriations
from the General Revenue Fund, specifically designated for such
purposes.
(t) The Department shall perform home studies and
investigations and shall exercise supervision over visitation
as ordered by a court pursuant to the Illinois Marriage and
Dissolution of Marriage Act or the Adoption Act only if:
(1) an order entered by an Illinois court specifically
directs the Department to perform such services; and
(2) the court has ordered one or both of the parties to
the proceeding to reimburse the Department for its
reasonable costs for providing such services in accordance
with Department rules, or has determined that neither party
is financially able to pay.
The Department shall provide written notification to the
court of the specific arrangements for supervised visitation
and projected monthly costs within 60 days of the court order.
The Department shall send to the court information related to
the costs incurred except in cases where the court has
determined the parties are financially unable to pay. The court
may order additional periodic reports as appropriate.
(u) In addition to other information that must be provided,
whenever the Department places a child with a prospective
adoptive parent or parents or in a licensed foster home, group
home, child care institution, or in a relative home, the
Department shall provide to the prospective adoptive parent or
parents or other caretaker:
(1) available detailed information concerning the
child's educational and health history, copies of
immunization records (including insurance and medical card
information), a history of the child's previous
placements, if any, and reasons for placement changes
excluding any information that identifies or reveals the
location of any previous caretaker;
(2) a copy of the child's portion of the client service
plan, including any visitation arrangement, and all
amendments or revisions to it as related to the child; and
(3) information containing details of the child's
individualized educational plan when the child is
receiving special education services.
The caretaker shall be informed of any known social or
behavioral information (including, but not limited to,
criminal background, fire setting, perpetuation of sexual
abuse, destructive behavior, and substance abuse) necessary to
care for and safeguard the children to be placed or currently
in the home. The Department may prepare a written summary of
the information required by this paragraph, which may be
provided to the foster or prospective adoptive parent in
advance of a placement. The foster or prospective adoptive
parent may review the supporting documents in the child's file
in the presence of casework staff. In the case of an emergency
placement, casework staff shall at least provide known
information verbally, if necessary, and must subsequently
provide the information in writing as required by this
subsection.
The information described in this subsection shall be
provided in writing. In the case of emergency placements when
time does not allow prior review, preparation, and collection
of written information, the Department shall provide such
information as it becomes available. Within 10 business days
after placement, the Department shall obtain from the
prospective adoptive parent or parents or other caretaker a
signed verification of receipt of the information provided.
Within 10 business days after placement, the Department shall
provide to the child's guardian ad litem a copy of the
information provided to the prospective adoptive parent or
parents or other caretaker. The information provided to the
prospective adoptive parent or parents or other caretaker shall
be reviewed and approved regarding accuracy at the supervisory
level.
(u-5) Effective July 1, 1995, only foster care placements
licensed as foster family homes pursuant to the Child Care Act
of 1969 shall be eligible to receive foster care payments from
the Department. Relative caregivers who, as of July 1, 1995,
were approved pursuant to approved relative placement rules
previously promulgated by the Department at 89 Ill. Adm. Code
335 and had submitted an application for licensure as a foster
family home may continue to receive foster care payments only
until the Department determines that they may be licensed as a
foster family home or that their application for licensure is
denied or until September 30, 1995, whichever occurs first.
(v) The Department shall access criminal history record
information as defined in the Illinois Uniform Conviction
Information Act and information maintained in the adjudicatory
and dispositional record system as defined in Section 2605-355
of the Department of State Police Law (20 ILCS 2605/2605-355)
if the Department determines the information is necessary to
perform its duties under the Abused and Neglected Child
Reporting Act, the Child Care Act of 1969, and the Children and
Family Services Act. The Department shall provide for
interactive computerized communication and processing
equipment that permits direct on-line communication with the
Department of State Police's central criminal history data
repository. The Department shall comply with all certification
requirements and provide certified operators who have been
trained by personnel from the Department of State Police. In
addition, one Office of the Inspector General investigator
shall have training in the use of the criminal history
information access system and have access to the terminal. The
Department of Children and Family Services and its employees
shall abide by rules and regulations established by the
Department of State Police relating to the access and
dissemination of this information.
(v-1) Prior to final approval for placement of a child, the
Department shall conduct a criminal records background check of
the prospective foster or adoptive parent, including
fingerprint-based checks of national crime information
databases. Final approval for placement shall not be granted if
the record check reveals a felony conviction for child abuse or
neglect, for spousal abuse, for a crime against children, or
for a crime involving violence, including rape, sexual assault,
or homicide, but not including other physical assault or
battery, or if there is a felony conviction for physical
assault, battery, or a drug-related offense committed within
the past 5 years.
(v-2) Prior to final approval for placement of a child, the
Department shall check its child abuse and neglect registry for
information concerning prospective foster and adoptive
parents, and any adult living in the home. If any prospective
foster or adoptive parent or other adult living in the home has
resided in another state in the preceding 5 years, the
Department shall request a check of that other state's child
abuse and neglect registry.
(w) Within 120 days of August 20, 1995 (the effective date
of Public Act 89-392), the Department shall prepare and submit
to the Governor and the General Assembly, a written plan for
the development of in-state licensed secure child care
facilities that care for children who are in need of secure
living arrangements for their health, safety, and well-being.
For purposes of this subsection, secure care facility shall
mean a facility that is designed and operated to ensure that
all entrances and exits from the facility, a building or a
distinct part of the building, are under the exclusive control
of the staff of the facility, whether or not the child has the
freedom of movement within the perimeter of the facility,
building, or distinct part of the building. The plan shall
include descriptions of the types of facilities that are needed
in Illinois; the cost of developing these secure care
facilities; the estimated number of placements; the potential
cost savings resulting from the movement of children currently
out-of-state who are projected to be returned to Illinois; the
necessary geographic distribution of these facilities in
Illinois; and a proposed timetable for development of such
facilities.
(x) The Department shall conduct annual credit history
checks to determine the financial history of children placed
under its guardianship pursuant to the Juvenile Court Act of
1987. The Department shall conduct such credit checks starting
when a youth in care turns 12 years old and each year
thereafter for the duration of the guardianship as terminated
pursuant to the Juvenile Court Act of 1987. The Department
shall determine if financial exploitation of the child's
personal information has occurred. If financial exploitation
appears to have taken place or is presently ongoing, the
Department shall notify the proper law enforcement agency, the
proper State's Attorney, or the Attorney General.
(y) Beginning on July 22, 2010 (the effective date of
Public Act 96-1189) this amendatory Act of the 96th General
Assembly, a child with a disability who receives residential
and educational services from the Department shall be eligible
to receive transition services in accordance with Article 14 of
the School Code from the age of 14.5 through age 21, inclusive,
notwithstanding the child's residential services arrangement.
For purposes of this subsection, "child with a disability"
means a child with a disability as defined by the federal
Individuals with Disabilities Education Improvement Act of
2004.
(z) The Department shall access criminal history record
information as defined as "background information" in this
subsection and criminal history record information as defined
in the Illinois Uniform Conviction Information Act for each
Department employee or Department applicant. Each Department
employee or Department applicant shall submit his or her
fingerprints to the Department of State Police in the form and
manner prescribed by the Department of State Police. These
fingerprints shall be checked against the fingerprint records
now and hereafter filed in the Department of State Police and
the Federal Bureau of Investigation criminal history records
databases. The Department of State Police shall charge a fee
for conducting the criminal history record check, which shall
be deposited into the State Police Services Fund and shall not
exceed the actual cost of the record check. The Department of
State Police shall furnish, pursuant to positive
identification, all Illinois conviction information to the
Department of Children and Family Services.
For purposes of this subsection:
"Background information" means all of the following:
(i) Upon the request of the Department of Children and
Family Services, conviction information obtained from the
Department of State Police as a result of a
fingerprint-based criminal history records check of the
Illinois criminal history records database and the Federal
Bureau of Investigation criminal history records database
concerning a Department employee or Department applicant.
(ii) Information obtained by the Department of
Children and Family Services after performing a check of
the Department of State Police's Sex Offender Database, as
authorized by Section 120 of the Sex Offender Community
Notification Law, concerning a Department employee or
Department applicant.
(iii) Information obtained by the Department of
Children and Family Services after performing a check of
the Child Abuse and Neglect Tracking System (CANTS)
operated and maintained by the Department.
"Department employee" means a full-time or temporary
employee coded or certified within the State of Illinois
Personnel System.
"Department applicant" means an individual who has
conditional Department full-time or part-time work, a
contractor, an individual used to replace or supplement staff,
an academic intern, a volunteer in Department offices or on
Department contracts, a work-study student, an individual or
entity licensed by the Department, or an unlicensed service
provider who works as a condition of a contract or an agreement
and whose work may bring the unlicensed service provider into
contact with Department clients or client records.
(Source: P.A. 99-143, eff. 7-27-15; 99-933, eff. 1-27-17;
100-159, eff. 8-18-17; 100-522, eff. 9-22-17; revised
1-22-18.)
Section 13. The Department of Human Services Act is amended
by changing Sections 1-40, 10-15, and 10-66 as follows:
(20 ILCS 1305/1-40)
Sec. 1-40. Substance Use Disorders Alcoholism and
Substance Abuse; Mental Health; provider payments. For
authorized Medicaid services to enrolled individuals, Division
of Substance Use Prevention and Recovery Alcoholism and
Substance Abuse and Division of Mental Health providers shall
receive payment for such authorized services, with payment
occurring no later than in the next fiscal year.
(Source: P.A. 96-1472, eff. 8-23-10.)
(20 ILCS 1305/10-15)
Sec. 10-15. Pregnant women with a substance use disorder.
Addicted pregnant women. The Department shall develop
guidelines for use in non-hospital residential care facilities
for pregnant women who have a substance use disorder addicted
pregnant women with respect to the care of those clients.
The Department shall administer infant mortality and
prenatal programs, through its provider agencies, to develop
special programs for case finding and service coordination for
pregnant women who have a substance use disorder addicted
pregnant women.
(Source: P.A. 89-507, eff. 7-1-97.)
(20 ILCS 1305/10-66)
Sec. 10-66. Rate reductions. Rates for medical services
purchased by the Divisions of Substance Use Prevention and
Recovery, Alcoholism and Substance Abuse, Community Health and
Prevention, Developmental Disabilities, Mental Health, or
Rehabilitation Services within the Department of Human
Services shall not be reduced below the rates calculated on
April 1, 2011 unless the Department of Human Services
promulgates rules and rules are implemented authorizing rate
reductions.
(Source: P.A. 99-78, eff. 7-20-15.)
Section 14. The Regional Integrated Behavioral Health
Networks Act is amended by changing Sections 10, 15, 20, and 25
as follows:
(20 ILCS 1340/10)
Sec. 10. Purpose. The purpose of this Act is to require the
Department of Human Services to facilitate the creation of
Regional Integrated Behavioral Health Networks (hereinafter
"Networks") for the purpose of ensuring and improving access to
appropriate mental health and substance abuse (hereinafter
"behavioral health") services throughout Illinois by providing
a platform for the organization of all relevant health, mental
health, substance use disorder substance abuse, and other
community entities, and by providing a mechanism to use and
channel financial and other resources efficiently and
effectively. Networks may be located in each of the Department
of Human Services geographic regions.
(Source: P.A. 97-381, eff. 1-1-12.)
(20 ILCS 1340/15)
Sec. 15. Goals. Goals shall include, but not be limited to,
the following: enabling persons with mental and substance use
illnesses to access clinically appropriate, evidence-based
services, regardless of where they reside in the State and
particularly in rural areas; improving access to mental health
and substance use disorder substance abuse services throughout
Illinois, but especially in rural Illinois communities, by
fostering innovative financing and collaboration among a
variety of health, behavioral health, social service, and other
community entities and by supporting the development of
regional-specific planning and strategies; facilitating the
integration of behavioral health services with primary and
other medical services, advancing opportunities under federal
health reform initiatives; ensuring actual or
technologically-assisted access to the entire continuum of
integrated care, including the provision of services in the
areas of prevention, consumer or patient assessment and
diagnosis, psychiatric care, case coordination, crisis and
emergency care, acute inpatient and outpatient treatment in
private hospitals and from other community providers, support
services, and community residential settings; identifying
funding for persons who do not have insurance and do not
qualify for State and federal healthcare payment programs such
as Medicaid or Medicare; and improving access to transportation
in rural areas.
(Source: P.A. 97-381, eff. 1-1-12.)
(20 ILCS 1340/20)
Sec. 20. Steering Committee and Networks.
(a) To achieve these goals, the Department of Human
Services shall convene a Regional Integrated Behavioral Health
Networks Steering Committee (hereinafter "Steering Committee")
comprised of State agencies involved in the provision,
regulation, or financing of health, mental health, substance
use disorder substance abuse, rehabilitation, and other
services. These include, but shall not be limited to, the
following agencies:
(1) The Department of Healthcare and Family Services.
(2) The Department of Human Services and its Divisions
of Mental Illness and Substance Use Prevention and
Recovery. Alcoholism and Substance Abuse Services.
(3) The Department of Public Health, including its
Center for Rural Health.
The Steering Committee shall include a representative from
each Network. The agencies of the Steering Committee are
directed to work collaboratively to provide consultation,
advice, and leadership to the Networks in facilitating
communication within and across multiple agencies and in
removing regulatory barriers that may prevent Networks from
accomplishing the goals. The Steering Committee collectively
or through one of its member Agencies shall also provide
technical assistance to the Networks.
(b) There also shall be convened Networks in each of the
Department of Human Services' regions comprised of
representatives of community stakeholders represented in the
Network, including when available, but not limited to, relevant
trade and professional associations representing hospitals,
community providers, public health care, hospice care, long
term care, law enforcement, emergency medical service,
physicians, advanced practice registered nurses, and physician
assistants trained in psychiatry; an organization that
advocates on behalf of federally qualified health centers, an
organization that advocates on behalf of persons suffering with
mental illness and substance use substance abuse disorders, an
organization that advocates on behalf of persons with
disabilities, an organization that advocates on behalf of
persons who live in rural areas, an organization that advocates
on behalf of persons who live in medically underserved areas;
and others designated by the Steering Committee or the
Networks. A member from each Network may choose a
representative who may serve on the Steering Committee.
(Source: P.A. 99-581, eff. 1-1-17; 100-513, eff. 1-1-18.)
(20 ILCS 1340/25)
Sec. 25. Development of Network Plans. Each Network shall
develop a plan for its respective region that addresses the
following:
(a) Inventory of all mental health and substance use
disorder substance abuse treatment services, primary health
care facilities and services, private hospitals,
State-operated psychiatric hospitals, long term care
facilities, social services, transportation services, and any
services available to serve persons with mental and substance
use illnesses.
(b) Identification of unmet community needs, including,
but not limited to, the following:
(1) Waiting lists in community mental health and
substance use disorder substance abuse services.
(2) Hospital emergency department use by persons with
mental and substance use illnesses, including volume,
length of stay, and challenges associated with obtaining
psychiatric assessment.
(3) Difficulty obtaining admission to inpatient
facilities, and reasons therefore.
(4) Availability of primary care providers in the
community, including Federally Qualified Health Centers
and Rural Health Centers.
(5) Availability of psychiatrists and mental health
professionals.
(6) Transportation issues.
(7) Other.
(c) Identification of opportunities to improve access to
mental and substance use disorder substance abuse services
through the integration of specialty behavioral health
services with primary care, including, but not limited to, the
following:
(1) Availability of Federally Qualified Health Centers
in community with mental health staff.
(2) Development of accountable care organizations or
other primary care entities.
(3) Availability of acute care hospitals with
specialized psychiatric capacity.
(4) Community providers with an interest in
collaborating with acute care providers.
(d) Development of a plan to address community needs,
including a specific timeline for implementation of specific
objectives and establishment of evaluation measures. The
comprehensive plan should include the complete continuum of
behavioral health services, including, but not limited to, the
following:
(1) Prevention.
(2) Client assessment and diagnosis.
(3) An array of outpatient behavioral health services.
(4) Case coordination.
(5) Crisis and emergency services.
(6) Treatment, including inpatient psychiatric
services in public and private hospitals.
(7) Long term care facilities.
(8) Community residential alternatives to
institutional settings.
(9) Primary care services.
(Source: P.A. 97-381, eff. 1-1-12.)
Section 15. The Mental Health and Developmental
Disabilities Administrative Act is amended by changing
Sections 10 and 18.6 as follows:
(20 ILCS 1705/10) (from Ch. 91 1/2, par. 100-10)
Sec. 10. To examine persons admitted to facilities of the
Department for treatment of mental illness or developmental
disability to determine if the person has a substance use
disorder as defined in the Substance Use Disorder Act
alcoholism, drug addiction or other substance abuse. Based on
such examination, the Department shall provide necessary
medical, education and rehabilitation services, and shall
arrange for further assessment and referral of such persons to
appropriate treatment services for persons with substance use
disorders alcoholism or substance abuse services. Referral of
such persons by the Department to appropriate treatment
services for persons with substance use disorders alcoholism or
substance abuse services shall be made to providers who are
able to accept the persons and perform a further assessment
within a clinically appropriate time. This Section does not
require that the Department maintain an individual in a
Department facility who is otherwise eligible for discharge as
provided in the Mental Health and Developmental Disabilities
Code.
The Department shall not deny treatment and care to any
person subject to admission to a facility under its control for
treatment for a mental illness or developmental disability
solely on the basis of their substance use disorders.
alcoholism, drug addiction or abuse of other substances.
(Source: P.A. 95-281, eff. 1-1-08.)
(20 ILCS 1705/18.6)
(Section scheduled to be repealed on December 31, 2019)
Sec. 18.6. Mental Health Services Strategic Planning Task
Force.
(a) Task Force. The Mental Health Services Strategic
Planning Task Force is created.
(b) Meeting. The Task Force shall be appointed and hold its
first meeting within 90 days after the effective date of this
amendatory Act of the 97th General Assembly.
(c) Composition. The Task Force shall be comprised of the
following members:
(1) Two members of the Senate appointed by the
President of the Senate and 2 members of the Senate
appointed by the Minority Leader of the Senate.
(2) Two members of the House of Representatives
appointed by the Speaker of the House of Representatives
and 2 members of the House of Representatives appointed by
the Minority Leader of the House of Representatives.
(3) One representative of the Division of Mental Health
within the Department of Human Services.
(4) One representative of the Department of Healthcare
and Family Services.
(5) One representative of the Bureau of Long Term Care
within the Department of Public Health.
(6) One representative of the Illinois Children's
Mental Health Partnership.
(7) Six representatives of the mental health providers
and community stakeholders selected from names submitted
by associates representing the various types of providers.
(8) Three representatives of the consumer community
including a primary consumer, secondary consumer, and a
representative of a mental health consumer advocacy
organization.
(9) An individual from a union representing State
employees providing services to persons with mental
illness.
(10) One academic specialist in mental health
outcomes, research, and evidence-based practices.
(d) Duty. The Task Force shall meet with the Office of the
Governor and the appropriate legislative committees on mental
health to develop a 5-year comprehensive strategic plan for the
State's mental health services. The plan shall address the
following topics:
(1) Provide sufficient home and community-based
services to give consumers real options in care settings.
(2) Improve access to care.
(3) Reduce regulatory redundancy.
(4) Maintain financial viability for providers in a
cost-effective manner to the State.
(5) Ensure care is effective, efficient, and
appropriate regardless of the setting in which it is
provided.
(6) Ensure quality of care in all care settings via the
use of appropriate clinical outcomes.
(7) Ensure hospitalizations and institutional care,
when necessary, is available to meet demand now and in the
future.
(e) The Task Force shall work in conjunction with the
Department of Human Services' Division of Developmental
Disabilities to ensure effective treatment for those dually
diagnosed with both mental illness and developmental
disabilities. The Task Force shall also work in conjunction
with the Department of Human Services' Division of Substance
Use Prevention and Recovery Alcoholism and Substance Abuse to
ensure effective treatment for those who are dually diagnosed
with both mental illness as well as substance abuse challenges.
(f) Compensation. Members of the Task Force shall not
receive compensation nor reimbursement for necessary expenses
incurred in performing the duties associated with the Task
Force.
(g) Reporting. The Task Force shall present its plan to the
Governor and the General Assembly no later than 18 months after
the effective date of the amendatory Act of the 97th General
Assembly. With its approval and authorization, and subject to
appropriation, the Task Force shall convene quarterly meetings
during the implementation of the 5-year strategic plan to
monitor progress, review outcomes, and make ongoing
recommendations. These ongoing recommendations shall be
presented to the Governor and the General Assembly for
feedback, suggestions, support, and approval. Within one year
after recommendations are presented to the Governor and the
General Assembly, the General Assembly shall vote on whether
the recommendations should become law.
(h) Administrative support. The Department of Human
Services shall provide administrative and staff support to the
Task Force.
(i) This Section is repealed on December 31, 2019.
(Source: P.A. 99-78, eff. 7-20-15.)
Section 16. The Civil Administrative Code of Illinois is
amended by changing Sections 2605-54 and 2605-97 as follows:
(20 ILCS 2605/2605-54)
(This Section may contain text from a Public Act with a
delayed effective date)
Sec. 2605-54. Training policy; persons arrested while
under the influence of alcohol or drugs. The Department shall
adopt a policy and provide training to State Police officers
concerning response and care for persons under the influence of
alcohol or drugs. The policy shall be consistent with the
Substance Use Disorder Act Alcoholism and Other Drug Abuse and
Dependency Act and shall provide guidance for the arrest of
persons under the influence of alcohol or drugs, proper medical
attention if warranted, and care and release of those persons
from custody. The policy shall provide guidance concerning the
release of persons arrested under the influence of alcohol or
drugs who are under the age of 21 years of age which shall
include, but not be limited to, language requiring the
arresting officer to make a reasonable attempt to contact a
responsible adult who is willing to take custody of the person
who is under the influence of alcohol or drugs.
(Source: P.A. 100-537, eff. 6-1-18.)
(20 ILCS 2605/2605-97)
Sec. 2605-97. Training; opioid antagonists. The Department
shall conduct or approve a training program for State police
officers in the administration of opioid antagonists as defined
in paragraph (1) of subsection (e) of Section 5-23 of the
Substance Use Disorder Act Alcoholism and Other Drug Abuse and
Dependency Act that is in accordance with that Section. As used
in this Section 2605-97, the term "State police officers"
includes full-time or part-time State troopers, police
officers, investigators, or any other employee of the
Department exercising the powers of a peace officer.
(Source: P.A. 99-480, eff. 9-9-15.)
Section 20. The Criminal Identification Act is amended by
changing Sections 2.1 and 5.2 as follows:
(20 ILCS 2630/2.1) (from Ch. 38, par. 206-2.1)
Sec. 2.1. For the purpose of maintaining complete and
accurate criminal records of the Department of State Police, it
is necessary for all policing bodies of this State, the clerk
of the circuit court, the Illinois Department of Corrections,
the sheriff of each county, and State's Attorney of each county
to submit certain criminal arrest, charge, and disposition
information to the Department for filing at the earliest time
possible. Unless otherwise noted herein, it shall be the duty
of all policing bodies of this State, the clerk of the circuit
court, the Illinois Department of Corrections, the sheriff of
each county, and the State's Attorney of each county to report
such information as provided in this Section, both in the form
and manner required by the Department and within 30 days of the
criminal history event. Specifically:
(a) Arrest Information. All agencies making arrests
for offenses which are required by statute to be collected,
maintained or disseminated by the Department of State
Police shall be responsible for furnishing daily to the
Department fingerprints, charges and descriptions of all
persons who are arrested for such offenses. All such
agencies shall also notify the Department of all decisions
by the arresting agency not to refer such arrests for
prosecution. With approval of the Department, an agency
making such arrests may enter into arrangements with other
agencies for the purpose of furnishing daily such
fingerprints, charges and descriptions to the Department
upon its behalf.
(b) Charge Information. The State's Attorney of each
county shall notify the Department of all charges filed and
all petitions filed alleging that a minor is delinquent,
including all those added subsequent to the filing of a
case, and whether charges were not filed in cases for which
the Department has received information required to be
reported pursuant to paragraph (a) of this Section. With
approval of the Department, the State's Attorney may enter
into arrangements with other agencies for the purpose of
furnishing the information required by this subsection (b)
to the Department upon the State's Attorney's behalf.
(c) Disposition Information. The clerk of the circuit
court of each county shall furnish the Department, in the
form and manner required by the Supreme Court, with all
final dispositions of cases for which the Department has
received information required to be reported pursuant to
paragraph (a) or (d) of this Section. Such information
shall include, for each charge, all (1) judgments of not
guilty, judgments of guilty including the sentence
pronounced by the court with statutory citations to the
relevant sentencing provision, findings that a minor is
delinquent and any sentence made based on those findings,
discharges and dismissals in the court; (2) reviewing court
orders filed with the clerk of the circuit court which
reverse or remand a reported conviction or findings that a
minor is delinquent or that vacate or modify a sentence or
sentence made following a trial that a minor is delinquent;
(3) continuances to a date certain in furtherance of an
order of supervision granted under Section 5-6-1 of the
Unified Code of Corrections or an order of probation
granted under Section 10 of the Cannabis Control Act,
Section 410 of the Illinois Controlled Substances Act,
Section 70 of the Methamphetamine Control and Community
Protection Act, Section 12-4.3 or subdivision (b)(1) of
Section 12-3.05 of the Criminal Code of 1961 or the
Criminal Code of 2012, Section 10-102 of the Illinois
Alcoholism and Other Drug Dependency Act, Section 40-10 of
the Substance Use Disorder Act, Alcoholism and Other Drug
Abuse and Dependency Act, Section 10 of the Steroid Control
Act, or Section 5-615 of the Juvenile Court Act of 1987;
and (4) judgments or court orders terminating or revoking a
sentence to or juvenile disposition of probation,
supervision or conditional discharge and any resentencing
or new court orders entered by a juvenile court relating to
the disposition of a minor's case involving delinquency
after such revocation.
(d) Fingerprints After Sentencing.
(1) After the court pronounces sentence, sentences
a minor following a trial in which a minor was found to
be delinquent or issues an order of supervision or an
order of probation granted under Section 10 of the
Cannabis Control Act, Section 410 of the Illinois
Controlled Substances Act, Section 70 of the
Methamphetamine Control and Community Protection Act,
Section 12-4.3 or subdivision (b)(1) of Section
12-3.05 of the Criminal Code of 1961 or the Criminal
Code of 2012, Section 10-102 of the Illinois Alcoholism
and Other Drug Dependency Act, Section 40-10 of the
Substance Use Disorder Act, Alcoholism and Other Drug
Abuse and Dependency Act, Section 10 of the Steroid
Control Act, or Section 5-615 of the Juvenile Court Act
of 1987 for any offense which is required by statute to
be collected, maintained, or disseminated by the
Department of State Police, the State's Attorney of
each county shall ask the court to order a law
enforcement agency to fingerprint immediately all
persons appearing before the court who have not
previously been fingerprinted for the same case. The
court shall so order the requested fingerprinting, if
it determines that any such person has not previously
been fingerprinted for the same case. The law
enforcement agency shall submit such fingerprints to
the Department daily.
(2) After the court pronounces sentence or makes a
disposition of a case following a finding of
delinquency for any offense which is not required by
statute to be collected, maintained, or disseminated
by the Department of State Police, the prosecuting
attorney may ask the court to order a law enforcement
agency to fingerprint immediately all persons
appearing before the court who have not previously been
fingerprinted for the same case. The court may so order
the requested fingerprinting, if it determines that
any so sentenced person has not previously been
fingerprinted for the same case. The law enforcement
agency may retain such fingerprints in its files.
(e) Corrections Information. The Illinois Department
of Corrections and the sheriff of each county shall furnish
the Department with all information concerning the
receipt, escape, execution, death, release, pardon,
parole, commutation of sentence, granting of executive
clemency or discharge of an individual who has been
sentenced or committed to the agency's custody for any
offenses which are mandated by statute to be collected,
maintained or disseminated by the Department of State
Police. For an individual who has been charged with any
such offense and who escapes from custody or dies while in
custody, all information concerning the receipt and escape
or death, whichever is appropriate, shall also be so
furnished to the Department.
(Source: P.A. 100-3, eff. 1-1-18.)
(20 ILCS 2630/5.2)
Sec. 5.2. Expungement, sealing, and immediate sealing.
(a) General Provisions.
(1) Definitions. In this Act, words and phrases have
the meanings set forth in this subsection, except when a
particular context clearly requires a different meaning.
(A) The following terms shall have the meanings
ascribed to them in the Unified Code of Corrections,
730 ILCS 5/5-1-2 through 5/5-1-22:
(i) Business Offense (730 ILCS 5/5-1-2),
(ii) Charge (730 ILCS 5/5-1-3),
(iii) Court (730 ILCS 5/5-1-6),
(iv) Defendant (730 ILCS 5/5-1-7),
(v) Felony (730 ILCS 5/5-1-9),
(vi) Imprisonment (730 ILCS 5/5-1-10),
(vii) Judgment (730 ILCS 5/5-1-12),
(viii) Misdemeanor (730 ILCS 5/5-1-14),
(ix) Offense (730 ILCS 5/5-1-15),
(x) Parole (730 ILCS 5/5-1-16),
(xi) Petty Offense (730 ILCS 5/5-1-17),
(xii) Probation (730 ILCS 5/5-1-18),
(xiii) Sentence (730 ILCS 5/5-1-19),
(xiv) Supervision (730 ILCS 5/5-1-21), and
(xv) Victim (730 ILCS 5/5-1-22).
(B) As used in this Section, "charge not initiated
by arrest" means a charge (as defined by 730 ILCS
5/5-1-3) brought against a defendant where the
defendant is not arrested prior to or as a direct
result of the charge.
(C) "Conviction" means a judgment of conviction or
sentence entered upon a plea of guilty or upon a
verdict or finding of guilty of an offense, rendered by
a legally constituted jury or by a court of competent
jurisdiction authorized to try the case without a jury.
An order of supervision successfully completed by the
petitioner is not a conviction. An order of qualified
probation (as defined in subsection (a)(1)(J))
successfully completed by the petitioner is not a
conviction. An order of supervision or an order of
qualified probation that is terminated
unsatisfactorily is a conviction, unless the
unsatisfactory termination is reversed, vacated, or
modified and the judgment of conviction, if any, is
reversed or vacated.
(D) "Criminal offense" means a petty offense,
business offense, misdemeanor, felony, or municipal
ordinance violation (as defined in subsection
(a)(1)(H)). As used in this Section, a minor traffic
offense (as defined in subsection (a)(1)(G)) shall not
be considered a criminal offense.
(E) "Expunge" means to physically destroy the
records or return them to the petitioner and to
obliterate the petitioner's name from any official
index or public record, or both. Nothing in this Act
shall require the physical destruction of the circuit
court file, but such records relating to arrests or
charges, or both, ordered expunged shall be impounded
as required by subsections (d)(9)(A)(ii) and
(d)(9)(B)(ii).
(F) As used in this Section, "last sentence" means
the sentence, order of supervision, or order of
qualified probation (as defined by subsection
(a)(1)(J)), for a criminal offense (as defined by
subsection (a)(1)(D)) that terminates last in time in
any jurisdiction, regardless of whether the petitioner
has included the criminal offense for which the
sentence or order of supervision or qualified
probation was imposed in his or her petition. If
multiple sentences, orders of supervision, or orders
of qualified probation terminate on the same day and
are last in time, they shall be collectively considered
the "last sentence" regardless of whether they were
ordered to run concurrently.
(G) "Minor traffic offense" means a petty offense,
business offense, or Class C misdemeanor under the
Illinois Vehicle Code or a similar provision of a
municipal or local ordinance.
(H) "Municipal ordinance violation" means an
offense defined by a municipal or local ordinance that
is criminal in nature and with which the petitioner was
charged or for which the petitioner was arrested and
released without charging.
(I) "Petitioner" means an adult or a minor
prosecuted as an adult who has applied for relief under
this Section.
(J) "Qualified probation" means an order of
probation under Section 10 of the Cannabis Control Act,
Section 410 of the Illinois Controlled Substances Act,
Section 70 of the Methamphetamine Control and
Community Protection Act, Section 5-6-3.3 or 5-6-3.4
of the Unified Code of Corrections, Section
12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as
those provisions existed before their deletion by
Public Act 89-313), Section 10-102 of the Illinois
Alcoholism and Other Drug Dependency Act, Section
40-10 of the Substance Use Disorder Act Alcoholism and
Other Drug Abuse and Dependency Act, or Section 10 of
the Steroid Control Act. For the purpose of this
Section, "successful completion" of an order of
qualified probation under Section 10-102 of the
Illinois Alcoholism and Other Drug Dependency Act and
Section 40-10 of the Substance Use Disorder Act
Alcoholism and Other Drug Abuse and Dependency Act
means that the probation was terminated satisfactorily
and the judgment of conviction was vacated.
(K) "Seal" means to physically and electronically
maintain the records, unless the records would
otherwise be destroyed due to age, but to make the
records unavailable without a court order, subject to
the exceptions in Sections 12 and 13 of this Act. The
petitioner's name shall also be obliterated from the
official index required to be kept by the circuit court
clerk under Section 16 of the Clerks of Courts Act, but
any index issued by the circuit court clerk before the
entry of the order to seal shall not be affected.
(L) "Sexual offense committed against a minor"
includes but is not limited to the offenses of indecent
solicitation of a child or criminal sexual abuse when
the victim of such offense is under 18 years of age.
(M) "Terminate" as it relates to a sentence or
order of supervision or qualified probation includes
either satisfactory or unsatisfactory termination of
the sentence, unless otherwise specified in this
Section.
(2) Minor Traffic Offenses. Orders of supervision or
convictions for minor traffic offenses shall not affect a
petitioner's eligibility to expunge or seal records
pursuant to this Section.
(2.5) Commencing 180 days after July 29, 2016 (the
effective date of Public Act 99-697), the law enforcement
agency issuing the citation shall automatically expunge,
on or before January 1 and July 1 of each year, the law
enforcement records of a person found to have committed a
civil law violation of subsection (a) of Section 4 of the
Cannabis Control Act or subsection (c) of Section 3.5 of
the Drug Paraphernalia Control Act in the law enforcement
agency's possession or control and which contains the final
satisfactory disposition which pertain to the person
issued a citation for that offense. The law enforcement
agency shall provide by rule the process for access,
review, and to confirm the automatic expungement by the law
enforcement agency issuing the citation. Commencing 180
days after July 29, 2016 (the effective date of Public Act
99-697), the clerk of the circuit court shall expunge, upon
order of the court, or in the absence of a court order on
or before January 1 and July 1 of each year, the court
records of a person found in the circuit court to have
committed a civil law violation of subsection (a) of
Section 4 of the Cannabis Control Act or subsection (c) of
Section 3.5 of the Drug Paraphernalia Control Act in the
clerk's possession or control and which contains the final
satisfactory disposition which pertain to the person
issued a citation for any of those offenses.
(3) Exclusions. Except as otherwise provided in
subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6)
of this Section, the court shall not order:
(A) the sealing or expungement of the records of
arrests or charges not initiated by arrest that result
in an order of supervision for or conviction of: (i)
any sexual offense committed against a minor; (ii)
Section 11-501 of the Illinois Vehicle Code or a
similar provision of a local ordinance; or (iii)
Section 11-503 of the Illinois Vehicle Code or a
similar provision of a local ordinance, unless the
arrest or charge is for a misdemeanor violation of
subsection (a) of Section 11-503 or a similar provision
of a local ordinance, that occurred prior to the
offender reaching the age of 25 years and the offender
has no other conviction for violating Section 11-501 or
11-503 of the Illinois Vehicle Code or a similar
provision of a local ordinance.
(B) the sealing or expungement of records of minor
traffic offenses (as defined in subsection (a)(1)(G)),
unless the petitioner was arrested and released
without charging.
(C) the sealing of the records of arrests or
charges not initiated by arrest which result in an
order of supervision or a conviction for the following
offenses:
(i) offenses included in Article 11 of the
Criminal Code of 1961 or the Criminal Code of 2012
or a similar provision of a local ordinance, except
Section 11-14 and a misdemeanor violation of
Section 11-30 of the Criminal Code of 1961 or the
Criminal Code of 2012, or a similar provision of a
local ordinance;
(ii) Section 11-1.50, 12-3.4, 12-15, 12-30,
26-5, or 48-1 of the Criminal Code of 1961 or the
Criminal Code of 2012, or a similar provision of a
local ordinance;
(iii) Sections 12-3.1 or 12-3.2 of the
Criminal Code of 1961 or the Criminal Code of 2012,
or Section 125 of the Stalking No Contact Order
Act, or Section 219 of the Civil No Contact Order
Act, or a similar provision of a local ordinance;
(iv) Class A misdemeanors or felony offenses
under the Humane Care for Animals Act; or
(v) any offense or attempted offense that
would subject a person to registration under the
Sex Offender Registration Act.
(D) (blank).
(b) Expungement.
(1) A petitioner may petition the circuit court to
expunge the records of his or her arrests and charges not
initiated by arrest when each arrest or charge not
initiated by arrest sought to be expunged resulted in: (i)
acquittal, dismissal, or the petitioner's release without
charging, unless excluded by subsection (a)(3)(B); (ii) a
conviction which was vacated or reversed, unless excluded
by subsection (a)(3)(B); (iii) an order of supervision and
such supervision was successfully completed by the
petitioner, unless excluded by subsection (a)(3)(A) or
(a)(3)(B); or (iv) an order of qualified probation (as
defined in subsection (a)(1)(J)) and such probation was
successfully completed by the petitioner.
(1.5) When a petitioner seeks to have a record of
arrest expunged under this Section, and the offender has
been convicted of a criminal offense, the State's Attorney
may object to the expungement on the grounds that the
records contain specific relevant information aside from
the mere fact of the arrest.
(2) Time frame for filing a petition to expunge.
(A) When the arrest or charge not initiated by
arrest sought to be expunged resulted in an acquittal,
dismissal, the petitioner's release without charging,
or the reversal or vacation of a conviction, there is
no waiting period to petition for the expungement of
such records.
(B) When the arrest or charge not initiated by
arrest sought to be expunged resulted in an order of
supervision, successfully completed by the petitioner,
the following time frames will apply:
(i) Those arrests or charges that resulted in
orders of supervision under Section 3-707, 3-708,
3-710, or 5-401.3 of the Illinois Vehicle Code or a
similar provision of a local ordinance, or under
Section 11-1.50, 12-3.2, or 12-15 of the Criminal
Code of 1961 or the Criminal Code of 2012, or a
similar provision of a local ordinance, shall not
be eligible for expungement until 5 years have
passed following the satisfactory termination of
the supervision.
(i-5) Those arrests or charges that resulted
in orders of supervision for a misdemeanor
violation of subsection (a) of Section 11-503 of
the Illinois Vehicle Code or a similar provision of
a local ordinance, that occurred prior to the
offender reaching the age of 25 years and the
offender has no other conviction for violating
Section 11-501 or 11-503 of the Illinois Vehicle
Code or a similar provision of a local ordinance
shall not be eligible for expungement until the
petitioner has reached the age of 25 years.
(ii) Those arrests or charges that resulted in
orders of supervision for any other offenses shall
not be eligible for expungement until 2 years have
passed following the satisfactory termination of
the supervision.
(C) When the arrest or charge not initiated by
arrest sought to be expunged resulted in an order of
qualified probation, successfully completed by the
petitioner, such records shall not be eligible for
expungement until 5 years have passed following the
satisfactory termination of the probation.
(3) Those records maintained by the Department for
persons arrested prior to their 17th birthday shall be
expunged as provided in Section 5-915 of the Juvenile Court
Act of 1987.
(4) Whenever a person has been arrested for or
convicted of any offense, in the name of a person whose
identity he or she has stolen or otherwise come into
possession of, the aggrieved person from whom the identity
was stolen or otherwise obtained without authorization,
upon learning of the person having been arrested using his
or her identity, may, upon verified petition to the chief
judge of the circuit wherein the arrest was made, have a
court order entered nunc pro tunc by the Chief Judge to
correct the arrest record, conviction record, if any, and
all official records of the arresting authority, the
Department, other criminal justice agencies, the
prosecutor, and the trial court concerning such arrest, if
any, by removing his or her name from all such records in
connection with the arrest and conviction, if any, and by
inserting in the records the name of the offender, if known
or ascertainable, in lieu of the aggrieved's name. The
records of the circuit court clerk shall be sealed until
further order of the court upon good cause shown and the
name of the aggrieved person obliterated on the official
index required to be kept by the circuit court clerk under
Section 16 of the Clerks of Courts Act, but the order shall
not affect any index issued by the circuit court clerk
before the entry of the order. Nothing in this Section
shall limit the Department of State Police or other
criminal justice agencies or prosecutors from listing
under an offender's name the false names he or she has
used.
(5) Whenever a person has been convicted of criminal
sexual assault, aggravated criminal sexual assault,
predatory criminal sexual assault of a child, criminal
sexual abuse, or aggravated criminal sexual abuse, the
victim of that offense may request that the State's
Attorney of the county in which the conviction occurred
file a verified petition with the presiding trial judge at
the petitioner's trial to have a court order entered to
seal the records of the circuit court clerk in connection
with the proceedings of the trial court concerning that
offense. However, the records of the arresting authority
and the Department of State Police concerning the offense
shall not be sealed. The court, upon good cause shown,
shall make the records of the circuit court clerk in
connection with the proceedings of the trial court
concerning the offense available for public inspection.
(6) If a conviction has been set aside on direct review
or on collateral attack and the court determines by clear
and convincing evidence that the petitioner was factually
innocent of the charge, the court that finds the petitioner
factually innocent of the charge shall enter an expungement
order for the conviction for which the petitioner has been
determined to be innocent as provided in subsection (b) of
Section 5-5-4 of the Unified Code of Corrections.
(7) Nothing in this Section shall prevent the
Department of State Police from maintaining all records of
any person who is admitted to probation upon terms and
conditions and who fulfills those terms and conditions
pursuant to Section 10 of the Cannabis Control Act, Section
410 of the Illinois Controlled Substances Act, Section 70
of the Methamphetamine Control and Community Protection
Act, Section 5-6-3.3 or 5-6-3.4 of the Unified Code of
Corrections, Section 12-4.3 or subdivision (b)(1) of
Section 12-3.05 of the Criminal Code of 1961 or the
Criminal Code of 2012, Section 10-102 of the Illinois
Alcoholism and Other Drug Dependency Act, Section 40-10 of
the Substance Use Disorder Act, Alcoholism and Other Drug
Abuse and Dependency Act, or Section 10 of the Steroid
Control Act.
(8) If the petitioner has been granted a certificate of
innocence under Section 2-702 of the Code of Civil
Procedure, the court that grants the certificate of
innocence shall also enter an order expunging the
conviction for which the petitioner has been determined to
be innocent as provided in subsection (h) of Section 2-702
of the Code of Civil Procedure.
(c) Sealing.
(1) Applicability. Notwithstanding any other provision
of this Act to the contrary, and cumulative with any rights
to expungement of criminal records, this subsection
authorizes the sealing of criminal records of adults and of
minors prosecuted as adults. Subsection (g) of this Section
provides for immediate sealing of certain records.
(2) Eligible Records. The following records may be
sealed:
(A) All arrests resulting in release without
charging;
(B) Arrests or charges not initiated by arrest
resulting in acquittal, dismissal, or conviction when
the conviction was reversed or vacated, except as
excluded by subsection (a)(3)(B);
(C) Arrests or charges not initiated by arrest
resulting in orders of supervision, including orders
of supervision for municipal ordinance violations,
successfully completed by the petitioner, unless
excluded by subsection (a)(3);
(D) Arrests or charges not initiated by arrest
resulting in convictions, including convictions on
municipal ordinance violations, unless excluded by
subsection (a)(3);
(E) Arrests or charges not initiated by arrest
resulting in orders of first offender probation under
Section 10 of the Cannabis Control Act, Section 410 of
the Illinois Controlled Substances Act, Section 70 of
the Methamphetamine Control and Community Protection
Act, or Section 5-6-3.3 of the Unified Code of
Corrections; and
(F) Arrests or charges not initiated by arrest
resulting in felony convictions unless otherwise
excluded by subsection (a) paragraph (3) of this
Section.
(3) When Records Are Eligible to Be Sealed. Records
identified as eligible under subsection (c)(2) may be
sealed as follows:
(A) Records identified as eligible under
subsection (c)(2)(A) and (c)(2)(B) may be sealed at any
time.
(B) Except as otherwise provided in subparagraph
(E) of this paragraph (3), records identified as
eligible under subsection (c)(2)(C) may be sealed 2
years after the termination of petitioner's last
sentence (as defined in subsection (a)(1)(F)).
(C) Except as otherwise provided in subparagraph
(E) of this paragraph (3), records identified as
eligible under subsections (c)(2)(D), (c)(2)(E), and
(c)(2)(F) may be sealed 3 years after the termination
of the petitioner's last sentence (as defined in
subsection (a)(1)(F)). Convictions requiring public
registration under the Arsonist Registration Act, the
Sex Offender Registration Act, or the Murderer and
Violent Offender Against Youth Registration Act may
not be sealed until the petitioner is no longer
required to register under that relevant Act.
(D) Records identified in subsection
(a)(3)(A)(iii) may be sealed after the petitioner has
reached the age of 25 years.
(E) Records identified as eligible under
subsections (c)(2)(C), (c)(2)(D), (c)(2)(E), or
(c)(2)(F) may be sealed upon termination of the
petitioner's last sentence if the petitioner earned a
high school diploma, associate's degree, career
certificate, vocational technical certification, or
bachelor's degree, or passed the high school level Test
of General Educational Development, during the period
of his or her sentence, aftercare release, or mandatory
supervised release. This subparagraph shall apply only
to a petitioner who has not completed the same
educational goal prior to the period of his or her
sentence, aftercare release, or mandatory supervised
release. If a petition for sealing eligible records
filed under this subparagraph is denied by the court,
the time periods under subparagraph (B) or (C) shall
apply to any subsequent petition for sealing filed by
the petitioner.
(4) Subsequent felony convictions. A person may not
have subsequent felony conviction records sealed as
provided in this subsection (c) if he or she is convicted
of any felony offense after the date of the sealing of
prior felony convictions as provided in this subsection
(c). The court may, upon conviction for a subsequent felony
offense, order the unsealing of prior felony conviction
records previously ordered sealed by the court.
(5) Notice of eligibility for sealing. Upon entry of a
disposition for an eligible record under this subsection
(c), the petitioner shall be informed by the court of the
right to have the records sealed and the procedures for the
sealing of the records.
(d) Procedure. The following procedures apply to
expungement under subsections (b), (e), and (e-6) and sealing
under subsections (c) and (e-5):
(1) Filing the petition. Upon becoming eligible to
petition for the expungement or sealing of records under
this Section, the petitioner shall file a petition
requesting the expungement or sealing of records with the
clerk of the court where the arrests occurred or the
charges were brought, or both. If arrests occurred or
charges were brought in multiple jurisdictions, a petition
must be filed in each such jurisdiction. The petitioner
shall pay the applicable fee, except no fee shall be
required if the petitioner has obtained a court order
waiving fees under Supreme Court Rule 298 or it is
otherwise waived.
(1.5) County fee waiver pilot program. In a county of
3,000,000 or more inhabitants, no fee shall be required to
be paid by a petitioner if the records sought to be
expunged or sealed were arrests resulting in release
without charging or arrests or charges not initiated by
arrest resulting in acquittal, dismissal, or conviction
when the conviction was reversed or vacated, unless
excluded by subsection (a)(3)(B). The provisions of this
paragraph (1.5), other than this sentence, are inoperative
on and after January 1, 2019 or one year after January 1,
2017 (the effective date of Public Act 99-881), whichever
is later.
(2) Contents of petition. The petition shall be
verified and shall contain the petitioner's name, date of
birth, current address and, for each arrest or charge not
initiated by arrest sought to be sealed or expunged, the
case number, the date of arrest (if any), the identity of
the arresting authority, and such other information as the
court may require. During the pendency of the proceeding,
the petitioner shall promptly notify the circuit court
clerk of any change of his or her address. If the
petitioner has received a certificate of eligibility for
sealing from the Prisoner Review Board under paragraph (10)
of subsection (a) of Section 3-3-2 of the Unified Code of
Corrections, the certificate shall be attached to the
petition.
(3) Drug test. The petitioner must attach to the
petition proof that the petitioner has passed a test taken
within 30 days before the filing of the petition showing
the absence within his or her body of all illegal
substances as defined by the Illinois Controlled
Substances Act, the Methamphetamine Control and Community
Protection Act, and the Cannabis Control Act if he or she
is petitioning to:
(A) seal felony records under clause (c)(2)(E);
(B) seal felony records for a violation of the
Illinois Controlled Substances Act, the
Methamphetamine Control and Community Protection Act,
or the Cannabis Control Act under clause (c)(2)(F);
(C) seal felony records under subsection (e-5); or
(D) expunge felony records of a qualified
probation under clause (b)(1)(iv).
(4) Service of petition. The circuit court clerk shall
promptly serve a copy of the petition and documentation to
support the petition under subsection (e-5) or (e-6) on the
State's Attorney or prosecutor charged with the duty of
prosecuting the offense, the Department of State Police,
the arresting agency and the chief legal officer of the
unit of local government effecting the arrest.
(5) Objections.
(A) Any party entitled to notice of the petition
may file an objection to the petition. All objections
shall be in writing, shall be filed with the circuit
court clerk, and shall state with specificity the basis
of the objection. Whenever a person who has been
convicted of an offense is granted a pardon by the
Governor which specifically authorizes expungement, an
objection to the petition may not be filed.
(B) Objections to a petition to expunge or seal
must be filed within 60 days of the date of service of
the petition.
(6) Entry of order.
(A) The Chief Judge of the circuit wherein the
charge was brought, any judge of that circuit
designated by the Chief Judge, or in counties of less
than 3,000,000 inhabitants, the presiding trial judge
at the petitioner's trial, if any, shall rule on the
petition to expunge or seal as set forth in this
subsection (d)(6).
(B) Unless the State's Attorney or prosecutor, the
Department of State Police, the arresting agency, or
the chief legal officer files an objection to the
petition to expunge or seal within 60 days from the
date of service of the petition, the court shall enter
an order granting or denying the petition.
(7) Hearings. If an objection is filed, the court shall
set a date for a hearing and notify the petitioner and all
parties entitled to notice of the petition of the hearing
date at least 30 days prior to the hearing. Prior to the
hearing, the State's Attorney shall consult with the
Department as to the appropriateness of the relief sought
in the petition to expunge or seal. At the hearing, the
court shall hear evidence on whether the petition should or
should not be granted, and shall grant or deny the petition
to expunge or seal the records based on the evidence
presented at the hearing. The court may consider the
following:
(A) the strength of the evidence supporting the
defendant's conviction;
(B) the reasons for retention of the conviction
records by the State;
(C) the petitioner's age, criminal record history,
and employment history;
(D) the period of time between the petitioner's
arrest on the charge resulting in the conviction and
the filing of the petition under this Section; and
(E) the specific adverse consequences the
petitioner may be subject to if the petition is denied.
(8) Service of order. After entering an order to
expunge or seal records, the court must provide copies of
the order to the Department, in a form and manner
prescribed by the Department, to the petitioner, to the
State's Attorney or prosecutor charged with the duty of
prosecuting the offense, to the arresting agency, to the
chief legal officer of the unit of local government
effecting the arrest, and to such other criminal justice
agencies as may be ordered by the court.
(9) Implementation of order.
(A) Upon entry of an order to expunge records
pursuant to (b)(2)(A) or (b)(2)(B)(ii), or both:
(i) the records shall be expunged (as defined
in subsection (a)(1)(E)) by the arresting agency,
the Department, and any other agency as ordered by
the court, within 60 days of the date of service of
the order, unless a motion to vacate, modify, or
reconsider the order is filed pursuant to
paragraph (12) of subsection (d) of this Section;
(ii) the records of the circuit court clerk
shall be impounded until further order of the court
upon good cause shown and the name of the
petitioner obliterated on the official index
required to be kept by the circuit court clerk
under Section 16 of the Clerks of Courts Act, but
the order shall not affect any index issued by the
circuit court clerk before the entry of the order;
and
(iii) in response to an inquiry for expunged
records, the court, the Department, or the agency
receiving such inquiry, shall reply as it does in
response to inquiries when no records ever
existed.
(B) Upon entry of an order to expunge records
pursuant to (b)(2)(B)(i) or (b)(2)(C), or both:
(i) the records shall be expunged (as defined
in subsection (a)(1)(E)) by the arresting agency
and any other agency as ordered by the court,
within 60 days of the date of service of the order,
unless a motion to vacate, modify, or reconsider
the order is filed pursuant to paragraph (12) of
subsection (d) of this Section;
(ii) the records of the circuit court clerk
shall be impounded until further order of the court
upon good cause shown and the name of the
petitioner obliterated on the official index
required to be kept by the circuit court clerk
under Section 16 of the Clerks of Courts Act, but
the order shall not affect any index issued by the
circuit court clerk before the entry of the order;
(iii) the records shall be impounded by the
Department within 60 days of the date of service of
the order as ordered by the court, unless a motion
to vacate, modify, or reconsider the order is filed
pursuant to paragraph (12) of subsection (d) of
this Section;
(iv) records impounded by the Department may
be disseminated by the Department only as required
by law or to the arresting authority, the State's
Attorney, and the court upon a later arrest for the
same or a similar offense or for the purpose of
sentencing for any subsequent felony, and to the
Department of Corrections upon conviction for any
offense; and
(v) in response to an inquiry for such records
from anyone not authorized by law to access such
records, the court, the Department, or the agency
receiving such inquiry shall reply as it does in
response to inquiries when no records ever
existed.
(B-5) Upon entry of an order to expunge records
under subsection (e-6):
(i) the records shall be expunged (as defined
in subsection (a)(1)(E)) by the arresting agency
and any other agency as ordered by the court,
within 60 days of the date of service of the order,
unless a motion to vacate, modify, or reconsider
the order is filed under paragraph (12) of
subsection (d) of this Section;
(ii) the records of the circuit court clerk
shall be impounded until further order of the court
upon good cause shown and the name of the
petitioner obliterated on the official index
required to be kept by the circuit court clerk
under Section 16 of the Clerks of Courts Act, but
the order shall not affect any index issued by the
circuit court clerk before the entry of the order;
(iii) the records shall be impounded by the
Department within 60 days of the date of service of
the order as ordered by the court, unless a motion
to vacate, modify, or reconsider the order is filed
under paragraph (12) of subsection (d) of this
Section;
(iv) records impounded by the Department may
be disseminated by the Department only as required
by law or to the arresting authority, the State's
Attorney, and the court upon a later arrest for the
same or a similar offense or for the purpose of
sentencing for any subsequent felony, and to the
Department of Corrections upon conviction for any
offense; and
(v) in response to an inquiry for these records
from anyone not authorized by law to access the
records, the court, the Department, or the agency
receiving the inquiry shall reply as it does in
response to inquiries when no records ever
existed.
(C) Upon entry of an order to seal records under
subsection (c), the arresting agency, any other agency
as ordered by the court, the Department, and the court
shall seal the records (as defined in subsection
(a)(1)(K)). In response to an inquiry for such records,
from anyone not authorized by law to access such
records, the court, the Department, or the agency
receiving such inquiry shall reply as it does in
response to inquiries when no records ever existed.
(D) The Department shall send written notice to the
petitioner of its compliance with each order to expunge
or seal records within 60 days of the date of service
of that order or, if a motion to vacate, modify, or
reconsider is filed, within 60 days of service of the
order resolving the motion, if that order requires the
Department to expunge or seal records. In the event of
an appeal from the circuit court order, the Department
shall send written notice to the petitioner of its
compliance with an Appellate Court or Supreme Court
judgment to expunge or seal records within 60 days of
the issuance of the court's mandate. The notice is not
required while any motion to vacate, modify, or
reconsider, or any appeal or petition for
discretionary appellate review, is pending.
(10) Fees. The Department may charge the petitioner a
fee equivalent to the cost of processing any order to
expunge or seal records. Notwithstanding any provision of
the Clerks of Courts Act to the contrary, the circuit court
clerk may charge a fee equivalent to the cost associated
with the sealing or expungement of records by the circuit
court clerk. From the total filing fee collected for the
petition to seal or expunge, the circuit court clerk shall
deposit $10 into the Circuit Court Clerk Operation and
Administrative Fund, to be used to offset the costs
incurred by the circuit court clerk in performing the
additional duties required to serve the petition to seal or
expunge on all parties. The circuit court clerk shall
collect and forward the Department of State Police portion
of the fee to the Department and it shall be deposited in
the State Police Services Fund.
(11) Final Order. No court order issued under the
expungement or sealing provisions of this Section shall
become final for purposes of appeal until 30 days after
service of the order on the petitioner and all parties
entitled to notice of the petition.
(12) Motion to Vacate, Modify, or Reconsider. Under
Section 2-1203 of the Code of Civil Procedure, the
petitioner or any party entitled to notice may file a
motion to vacate, modify, or reconsider the order granting
or denying the petition to expunge or seal within 60 days
of service of the order. If filed more than 60 days after
service of the order, a petition to vacate, modify, or
reconsider shall comply with subsection (c) of Section
2-1401 of the Code of Civil Procedure. Upon filing of a
motion to vacate, modify, or reconsider, notice of the
motion shall be served upon the petitioner and all parties
entitled to notice of the petition.
(13) Effect of Order. An order granting a petition
under the expungement or sealing provisions of this Section
shall not be considered void because it fails to comply
with the provisions of this Section or because of any error
asserted in a motion to vacate, modify, or reconsider. The
circuit court retains jurisdiction to determine whether
the order is voidable and to vacate, modify, or reconsider
its terms based on a motion filed under paragraph (12) of
this subsection (d).
(14) Compliance with Order Granting Petition to Seal
Records. Unless a court has entered a stay of an order
granting a petition to seal, all parties entitled to notice
of the petition must fully comply with the terms of the
order within 60 days of service of the order even if a
party is seeking relief from the order through a motion
filed under paragraph (12) of this subsection (d) or is
appealing the order.
(15) Compliance with Order Granting Petition to
Expunge Records. While a party is seeking relief from the
order granting the petition to expunge through a motion
filed under paragraph (12) of this subsection (d) or is
appealing the order, and unless a court has entered a stay
of that order, the parties entitled to notice of the
petition must seal, but need not expunge, the records until
there is a final order on the motion for relief or, in the
case of an appeal, the issuance of that court's mandate.
(16) The changes to this subsection (d) made by Public
Act 98-163 apply to all petitions pending on August 5, 2013
(the effective date of Public Act 98-163) and to all orders
ruling on a petition to expunge or seal on or after August
5, 2013 (the effective date of Public Act 98-163).
(e) Whenever a person who has been convicted of an offense
is granted a pardon by the Governor which specifically
authorizes expungement, he or she may, upon verified petition
to the Chief Judge of the circuit where the person had been
convicted, any judge of the circuit designated by the Chief
Judge, or in counties of less than 3,000,000 inhabitants, the
presiding trial judge at the defendant's trial, have a court
order entered expunging the record of arrest from the official
records of the arresting authority and order that the records
of the circuit court clerk and the Department be sealed until
further order of the court upon good cause shown or as
otherwise provided herein, and the name of the defendant
obliterated from the official index requested to be kept by the
circuit court clerk under Section 16 of the Clerks of Courts
Act in connection with the arrest and conviction for the
offense for which he or she had been pardoned but the order
shall not affect any index issued by the circuit court clerk
before the entry of the order. All records sealed by the
Department may be disseminated by the Department only to the
arresting authority, the State's Attorney, and the court upon a
later arrest for the same or similar offense or for the purpose
of sentencing for any subsequent felony. Upon conviction for
any subsequent offense, the Department of Corrections shall
have access to all sealed records of the Department pertaining
to that individual. Upon entry of the order of expungement, the
circuit court clerk shall promptly mail a copy of the order to
the person who was pardoned.
(e-5) Whenever a person who has been convicted of an
offense is granted a certificate of eligibility for sealing by
the Prisoner Review Board which specifically authorizes
sealing, he or she may, upon verified petition to the Chief
Judge of the circuit where the person had been convicted, any
judge of the circuit designated by the Chief Judge, or in
counties of less than 3,000,000 inhabitants, the presiding
trial judge at the petitioner's trial, have a court order
entered sealing the record of arrest from the official records
of the arresting authority and order that the records of the
circuit court clerk and the Department be sealed until further
order of the court upon good cause shown or as otherwise
provided herein, and the name of the petitioner obliterated
from the official index requested to be kept by the circuit
court clerk under Section 16 of the Clerks of Courts Act in
connection with the arrest and conviction for the offense for
which he or she had been granted the certificate but the order
shall not affect any index issued by the circuit court clerk
before the entry of the order. All records sealed by the
Department may be disseminated by the Department only as
required by this Act or to the arresting authority, a law
enforcement agency, the State's Attorney, and the court upon a
later arrest for the same or similar offense or for the purpose
of sentencing for any subsequent felony. Upon conviction for
any subsequent offense, the Department of Corrections shall
have access to all sealed records of the Department pertaining
to that individual. Upon entry of the order of sealing, the
circuit court clerk shall promptly mail a copy of the order to
the person who was granted the certificate of eligibility for
sealing.
(e-6) Whenever a person who has been convicted of an
offense is granted a certificate of eligibility for expungement
by the Prisoner Review Board which specifically authorizes
expungement, he or she may, upon verified petition to the Chief
Judge of the circuit where the person had been convicted, any
judge of the circuit designated by the Chief Judge, or in
counties of less than 3,000,000 inhabitants, the presiding
trial judge at the petitioner's trial, have a court order
entered expunging the record of arrest from the official
records of the arresting authority and order that the records
of the circuit court clerk and the Department be sealed until
further order of the court upon good cause shown or as
otherwise provided herein, and the name of the petitioner
obliterated from the official index requested to be kept by the
circuit court clerk under Section 16 of the Clerks of Courts
Act in connection with the arrest and conviction for the
offense for which he or she had been granted the certificate
but the order shall not affect any index issued by the circuit
court clerk before the entry of the order. All records sealed
by the Department may be disseminated by the Department only as
required by this Act or to the arresting authority, a law
enforcement agency, the State's Attorney, and the court upon a
later arrest for the same or similar offense or for the purpose
of sentencing for any subsequent felony. Upon conviction for
any subsequent offense, the Department of Corrections shall
have access to all expunged records of the Department
pertaining to that individual. Upon entry of the order of
expungement, the circuit court clerk shall promptly mail a copy
of the order to the person who was granted the certificate of
eligibility for expungement.
(f) Subject to available funding, the Illinois Department
of Corrections shall conduct a study of the impact of sealing,
especially on employment and recidivism rates, utilizing a
random sample of those who apply for the sealing of their
criminal records under Public Act 93-211. At the request of the
Illinois Department of Corrections, records of the Illinois
Department of Employment Security shall be utilized as
appropriate to assist in the study. The study shall not
disclose any data in a manner that would allow the
identification of any particular individual or employing unit.
The study shall be made available to the General Assembly no
later than September 1, 2010.
(g) Immediate Sealing.
(1) Applicability. Notwithstanding any other provision
of this Act to the contrary, and cumulative with any rights
to expungement or sealing of criminal records, this
subsection authorizes the immediate sealing of criminal
records of adults and of minors prosecuted as adults.
(2) Eligible Records. Arrests or charges not initiated
by arrest resulting in acquittal or dismissal with
prejudice, except as excluded by subsection (a)(3)(B),
that occur on or after January 1, 2018 (the effective date
of Public Act 100-282) this amendatory Act of the 100th
General Assembly, may be sealed immediately if the petition
is filed with the circuit court clerk on the same day and
during the same hearing in which the case is disposed.
(3) When Records are Eligible to be Immediately Sealed.
Eligible records under paragraph (2) of this subsection (g)
may be sealed immediately after entry of the final
disposition of a case, notwithstanding the disposition of
other charges in the same case.
(4) Notice of Eligibility for Immediate Sealing. Upon
entry of a disposition for an eligible record under this
subsection (g), the defendant shall be informed by the
court of his or her right to have eligible records
immediately sealed and the procedure for the immediate
sealing of these records.
(5) Procedure. The following procedures apply to
immediate sealing under this subsection (g).
(A) Filing the Petition. Upon entry of the final
disposition of the case, the defendant's attorney may
immediately petition the court, on behalf of the
defendant, for immediate sealing of eligible records
under paragraph (2) of this subsection (g) that are
entered on or after January 1, 2018 (the effective date
of Public Act 100-282) this amendatory Act of the 100th
General Assembly. The immediate sealing petition may
be filed with the circuit court clerk during the
hearing in which the final disposition of the case is
entered. If the defendant's attorney does not file the
petition for immediate sealing during the hearing, the
defendant may file a petition for sealing at any time
as authorized under subsection (c)(3)(A).
(B) Contents of Petition. The immediate sealing
petition shall be verified and shall contain the
petitioner's name, date of birth, current address, and
for each eligible record, the case number, the date of
arrest if applicable, the identity of the arresting
authority if applicable, and other information as the
court may require.
(C) Drug Test. The petitioner shall not be required
to attach proof that he or she has passed a drug test.
(D) Service of Petition. A copy of the petition
shall be served on the State's Attorney in open court.
The petitioner shall not be required to serve a copy of
the petition on any other agency.
(E) Entry of Order. The presiding trial judge shall
enter an order granting or denying the petition for
immediate sealing during the hearing in which it is
filed. Petitions for immediate sealing shall be ruled
on in the same hearing in which the final disposition
of the case is entered.
(F) Hearings. The court shall hear the petition for
immediate sealing on the same day and during the same
hearing in which the disposition is rendered.
(G) Service of Order. An order to immediately seal
eligible records shall be served in conformance with
subsection (d)(8).
(H) Implementation of Order. An order to
immediately seal records shall be implemented in
conformance with subsections (d)(9)(C) and (d)(9)(D).
(I) Fees. The fee imposed by the circuit court
clerk and the Department of State Police shall comply
with paragraph (1) of subsection (d) of this Section.
(J) Final Order. No court order issued under this
subsection (g) shall become final for purposes of
appeal until 30 days after service of the order on the
petitioner and all parties entitled to service of the
order in conformance with subsection (d)(8).
(K) Motion to Vacate, Modify, or Reconsider. Under
Section 2-1203 of the Code of Civil Procedure, the
petitioner, State's Attorney, or the Department of
State Police may file a motion to vacate, modify, or
reconsider the order denying the petition to
immediately seal within 60 days of service of the
order. If filed more than 60 days after service of the
order, a petition to vacate, modify, or reconsider
shall comply with subsection (c) of Section 2-1401 of
the Code of Civil Procedure.
(L) Effect of Order. An order granting an immediate
sealing petition shall not be considered void because
it fails to comply with the provisions of this Section
or because of an error asserted in a motion to vacate,
modify, or reconsider. The circuit court retains
jurisdiction to determine whether the order is
voidable, and to vacate, modify, or reconsider its
terms based on a motion filed under subparagraph (L) of
this subsection (g).
(M) Compliance with Order Granting Petition to
Seal Records. Unless a court has entered a stay of an
order granting a petition to immediately seal, all
parties entitled to service of the order must fully
comply with the terms of the order within 60 days of
service of the order.
(Source: P.A. 99-78, eff. 7-20-15; 99-378, eff. 1-1-16; 99-385,
eff. 1-1-16; 99-642, eff. 7-28-16; 99-697, eff. 7-29-16;
99-881, eff. 1-1-17; 100-201, eff. 8-18-17; 100-282, eff.
1-1-18; 100-284, eff. 8-24-17; 100-287, eff. 8-24-17; revised
10-13-17.)
Section 25. The Illinois Uniform Conviction Information
Act is amended by changing Section 3 as follows:
(20 ILCS 2635/3) (from Ch. 38, par. 1603)
Sec. 3. Definitions. Whenever used in this Act, and for the
purposes of this Act, unless the context clearly indicates
otherwise:
(A) "Accurate" means factually correct, containing no
mistake or error of a material nature.
(B) The phrase "administer the criminal laws" includes any
of the following activities: intelligence gathering,
surveillance, criminal investigation, crime detection and
prevention (including research), apprehension, detention,
pretrial or post-trial release, prosecution, the correctional
supervision or rehabilitation of accused persons or criminal
offenders, criminal identification activities, data analysis
and research done by the sentencing commission, or the
collection, maintenance or dissemination of criminal history
record information.
(C) "The Authority" means the Illinois Criminal Justice
Information Authority.
(D) "Automated" means the utilization of computers,
telecommunication lines, or other automatic data processing
equipment for data collection or storage, analysis,
processing, preservation, maintenance, dissemination, or
display and is distinguished from a system in which such
activities are performed manually.
(E) "Complete" means accurately reflecting all the
criminal history record information about an individual that is
required to be reported to the Department pursuant to Section
2.1 of the Criminal Identification Act.
(F) "Conviction information" means data reflecting a
judgment of guilt or nolo contendere. The term includes all
prior and subsequent criminal history events directly relating
to such judgments, such as, but not limited to: (1) the
notation of arrest; (2) the notation of charges filed; (3) the
sentence imposed; (4) the fine imposed; and (5) all related
probation, parole, and release information. Information ceases
to be "conviction information" when a judgment of guilt is
reversed or vacated.
For purposes of this Act, continuances to a date certain in
furtherance of an order of supervision granted under Section
5-6-1 of the Unified Code of Corrections or an order of
probation granted under either Section 10 of the Cannabis
Control Act, Section 410 of the Illinois Controlled Substances
Act, Section 70 of the Methamphetamine Control and Community
Protection Act, Section 12-4.3 or subdivision (b)(1) of Section
12-3.05 of the Criminal Code of 1961 or the Criminal Code of
2012, Section 10-102 of the Illinois Alcoholism and Other Drug
Dependency Act, Section 40-10 of the Substance Use Disorder
Act, Alcoholism and Other Drug Abuse and Dependency Act, or
Section 10 of the Steroid Control Act shall not be deemed
"conviction information".
(G) "Criminal history record information" means data
identifiable to an individual, including information collected
under Section 4.5 of the Criminal Identification Act, and
consisting of descriptions or notations of arrests,
detentions, indictments, informations, pretrial proceedings,
trials, or other formal events in the criminal justice system
or descriptions or notations of criminal charges (including
criminal violations of local municipal ordinances) and the
nature of any disposition arising therefrom, including
sentencing, court or correctional supervision, rehabilitation
and release. The term does not apply to statistical records and
reports in which individuals are not identified and from which
their identities are not ascertainable, or to information that
is for criminal investigative or intelligence purposes.
(H) "Criminal justice agency" means (1) a government agency
or any subunit thereof which is authorized to administer the
criminal laws and which allocates a substantial part of its
annual budget for that purpose, or (2) an agency supported by
public funds which is authorized as its principal function to
administer the criminal laws and which is officially designated
by the Department as a criminal justice agency for purposes of
this Act.
(I) "The Department" means the Illinois Department of State
Police.
(J) "Director" means the Director of the Illinois
Department of State Police.
(K) "Disseminate" means to disclose or transmit conviction
information in any form, oral, written, or otherwise.
(L) "Exigency" means pending danger or the threat of
pending danger to an individual or property.
(M) "Non-criminal justice agency" means a State agency,
Federal agency, or unit of local government that is not a
criminal justice agency. The term does not refer to private
individuals, corporations, or non-governmental agencies or
organizations.
(M-5) "Request" means the submission to the Department, in
the form and manner required, the necessary data elements or
fingerprints, or both, to allow the Department to initiate a
search of its criminal history record information files.
(N) "Requester" means any private individual, corporation,
organization, employer, employment agency, labor organization,
or non-criminal justice agency that has made a request pursuant
to this Act to obtain conviction information maintained in the
files of the Department of State Police regarding a particular
individual.
(O) "Statistical information" means data from which the
identity of an individual cannot be ascertained,
reconstructed, or verified and to which the identity of an
individual cannot be linked by the recipient of the
information.
(P) "Sentencing commission" means the Sentencing Policy
Advisory Council.
(Source: P.A. 99-880, eff. 8-22-16; 100-201, eff. 8-18-17.)
Section 30. The Community Behavioral Health Center
Infrastructure Act is amended by changing Section 5 as follows:
(30 ILCS 732/5)
Sec. 5. Definitions. In this Act:
"Behavioral health center site" means a physical site where
a community behavioral health center shall provide behavioral
healthcare services linked to a particular
Department-contracted community behavioral healthcare
provider, from which this provider delivers a
Department-funded service and has the following
characteristics:
(i) The site must be owned, leased, or otherwise
controlled by a Department-funded provider.
(ii) A Department-funded provider may have multiple
service sites.
(iii) A Department-funded provider may provide both
Medicaid and non-Medicaid services for which they are
certified or approved at a certified site.
"Board" means the Capital Development Board.
"Community behavioral healthcare provider" includes, but
is not limited to, Department-contracted prevention,
intervention, or treatment care providers of services and
supports for persons with mental health services, alcohol and
substance abuse services, rehabilitation services, and early
intervention services provided by a vendor.
For the purposes of this definition, "vendor" includes, but
is not limited to, community providers, including
community-based organizations that are licensed to provide
prevention, intervention, or treatment services and support
for persons with mental illness or substance abuse problems in
this State, that comply with applicable federal, State, and
local rules and statutes, including, but not limited to, the
following:
(A) Federal requirements:
(1) Block Grants for Community Mental Health
Services, Subpart I & III, Part B, Title XIX, P.H.S.
Act/45 C.F.R. Part 96.
(2) Medicaid (42 U.S.C.A. 1396 (1996)).
(3) 42 C.F.R. 440 (Services: General Provision)
and 456 (Utilization Control) (1996).
(4) Health Insurance Portability and
Accountability Act (HIPAA) as specified in 45 C.F.R.
Section 160.310.
(5) The Substance Abuse Prevention Block Grant
Regulations (45 C.F.R. Part 96).
(6) Program Fraud Civil Remedies Act of 1986 (45
C.F.R. Part 79).
(7) Federal regulations regarding Opioid
Maintenance Therapy (21 C.F.R. 29) (21 C.F.R.
1301-1307 (D.E.A.)).
(8) Federal regulations regarding Diagnostic,
Screening, Prevention, and Rehabilitation Services
(Medicaid) (42 C.F.R. 440.130).
(9) Charitable Choice: Providers that qualify as
religious organizations under 42 C.F.R. 54.2(b), who
comply with the Charitable Choice Regulations as set
forth in 42 C.F.R. 54.1 et seq. with regard to funds
provided directly to pay for substance abuse
prevention and treatment services.
(B) State requirements:
(1) 59 Ill. Admin. Code 50, Office of Inspector
General Investigations of Alleged Abuse or Neglect in
State-Operated Facilities and Community Agencies.
(2) 59 Ill. Admin. Code 51, Office of Inspector
General Adults with Disabilities Project.
(3) 59 Ill. Admin. Code 103, Grants.
(4) 59 Ill. Admin. Code 115, Standards and
Licensure Requirements for Community-Integrated Living
Arrangements.
(5) 59 Ill. Admin. Code 117, Family Assistance and
Home-Based Support Programs for Persons with Mental
Disabilities.
(6) 59 Ill. Admin. Code 125, Recipient
Discharge/Linkage/Aftercare.
(7) 59 Ill. Admin. Code 131, Children's Mental
Health Screening, Assessment and Supportive Services
Program.
(8) 59 Ill. Admin. Code 132, Medicaid Community
Mental Health Services Program.
(9) 59 Ill. Admin. Code 135, Individual Care Grants
for Mentally Ill Children.
(10) 89 Ill. Admin. Code 140, Medical Payment.
(11) 89 Ill. Admin. Code 140.642, Screening
Assessment for Nursing Facility and Alternative
Residential Settings and Services.
(12) 89 Ill. Admin. Code 507, Audit Requirements of
Illinois Department of Human Services.
(13) 89 Ill. Admin. Code 509,
Fiscal/Administrative Recordkeeping and Requirements.
(14) 89 Ill. Admin. Code 511, Grants and Grant
Funds Recovery.
(15) 77 Ill. Admin. Code, Parts 2030, 2060, and
2090.
(16) Title 77 Illinois Administrative Code:
(a) Part 630: Maternal and Child Health
Services Code.
(b) Part 635: Family Planning Services Code.
(c) Part 672: WIC Vendor Management Code.
(d) Part 2030: Award and Monitoring of Funds.
(e) Part 2200: School Based/Linked Health
Centers.
(17) Title 89 Illinois Administrative Code:
(a) Part 130.200: Administration of Social
Service Programs, Domestic Violence Shelter and
Service Programs.
(b) Part 310: Delivery of Youth Services
Funded by the Department of Human Services.
(c) Part 313: Community Services.
(d) Part 334: Administration and Funding of
Community-Based Services to Youth.
(e) Part 500: Early Intervention Program.
(f) Part 501: Partner Abuse Intervention.
(g) Part 507: Audit Requirements of DHS.
(h) Part 509: Fiscal/Administrative
Recordkeeping and Requirements.
(i) Part 511: Grants and Grant Funds Recovery.
(18) State statutes:
(a) The Mental Health and Developmental
Disabilities Code.
(b) The Community Services Act.
(c) The Mental Health and Developmental
Disabilities Confidentiality Act.
(d) The Substance Use Disorder Act Alcoholism
and Other Drug Abuse and Dependency Act.
(e) The Early Intervention Services System
Act.
(f) The Children and Family Services Act.
(g) The Illinois Commission on Volunteerism
and Community Services Act.
(h) The Department of Human Services Act.
(i) The Domestic Violence Shelters Act.
(j) The Illinois Youthbuild Act.
(k) The Civil Administrative Code of Illinois.
(l) The Illinois Grant Funds Recovery Act.
(m) The Child Care Act of 1969.
(n) The Solicitation for Charity Act.
(o) The Illinois Public Aid Code (305 ILCS
5/9-1, 12-4.5 through 12-4.7, and 12-13).
(p) The Abused and Neglected Child Reporting
Act.
(q) The Charitable Trust Act.
(r) The Illinois Alcoholism and Other Drug
Dependency Act.
(C) The Provider shall be in compliance with all
applicable requirements for services and service reporting
as specified in the following Department manuals or
handbooks:
(1) DHS/DMH Provider Manual.
(2) DHS Mental Health CSA Program Manual.
(3) DHS/DMH PAS/MH Manual.
(4) Community Forensic Services Handbook.
(5) Community Mental Health Service Definitions
and Reimbursement Guide.
(6) DHS/DMH Collaborative Provider Manual.
(7) Handbook for Providers of Screening Assessment
and Support Services, Chapter CMH-200 Policy and
Procedures For Screening, Assessment and Support
Services.
(8) DHS Division of Substance Use Prevention and
Recovery DASA:
(a) Contractual Policy Manual.
(b) Medicaid Handbook.
(c) DARTS Manual.
(9) Division of Substance Use Prevention and
Recovery DASA Best Practice Program Guidelines for
Specific Populations.
(10) Division of Substance Use Prevention and
Recovery DASA Contract Program Manual.
"Community behavioral healthcare services" means any of
the following:
(i) Behavioral health services, including, but not
limited to, prevention, intervention, or treatment care
services and support for eligible persons provided by a
vendor of the Department.
(ii) Referrals to providers of medical services and
other health-related services, including substance abuse
and mental health services.
(iii) Patient case management services, including
counseling, referral, and follow-up services, and other
services designed to assist community behavioral health
center patients in establishing eligibility for and
gaining access to federal, State, and local programs that
provide or financially support the provision of medical,
social, educational, or other related services.
(iv) Services that enable individuals to use the
services of the behavioral health center including
outreach and transportation services and, if a substantial
number of the individuals in the population are of limited
English-speaking ability, the services of appropriate
personnel fluent in the language spoken by a predominant
number of those individuals.
(v) Education of patients and the general population
served by the community behavioral health center regarding
the availability and proper use of behavioral health
services.
(vi) Additional behavioral healthcare services
consisting of services that are appropriate to meet the
health needs of the population served by the behavioral
health center involved and that may include housing
assistance.
"Department" means the Department of Human Services.
"Uninsured population" means persons who do not own private
healthcare insurance, are not part of a group insurance plan,
and are not eligible for any State or federal
government-sponsored healthcare program.
(Source: P.A. 96-1380, eff. 7-29-10.)
Section 35. The Illinois Police Training Act is amended by
changing Sections 7 and 10.18 as follows:
(50 ILCS 705/7) (from Ch. 85, par. 507)
Sec. 7. Rules and standards for schools. The Board shall
adopt rules and minimum standards for such schools which shall
include, but not be limited to, the following:
a. The curriculum for probationary police officers
which shall be offered by all certified schools shall
include, but not be limited to, courses of procedural
justice, arrest and use and control tactics, search and
seizure, including temporary questioning, civil rights,
human rights, human relations, cultural competency,
including implicit bias and racial and ethnic sensitivity,
criminal law, law of criminal procedure, constitutional
and proper use of law enforcement authority, vehicle and
traffic law including uniform and non-discriminatory
enforcement of the Illinois Vehicle Code, traffic control
and accident investigation, techniques of obtaining
physical evidence, court testimonies, statements, reports,
firearms training, training in the use of electronic
control devices, including the psychological and
physiological effects of the use of those devices on
humans, first-aid (including cardiopulmonary
resuscitation), training in the administration of opioid
antagonists as defined in paragraph (1) of subsection (e)
of Section 5-23 of the Substance Use Disorder Act,
Alcoholism and Other Drug Abuse and Dependency Act,
handling of juvenile offenders, recognition of mental
conditions and crises, including, but not limited to, the
disease of addiction, which require immediate assistance
and response and methods to safeguard and provide
assistance to a person in need of mental treatment,
recognition of abuse, neglect, financial exploitation, and
self-neglect of adults with disabilities and older adults,
as defined in Section 2 of the Adult Protective Services
Act, crimes against the elderly, law of evidence, the
hazards of high-speed police vehicle chases with an
emphasis on alternatives to the high-speed chase, and
physical training. The curriculum shall include specific
training in techniques for immediate response to and
investigation of cases of domestic violence and of sexual
assault of adults and children, including cultural
perceptions and common myths of sexual assault and sexual
abuse as well as interview techniques that are trauma
informed, victim centered, and victim sensitive. The
curriculum shall include training in techniques designed
to promote effective communication at the initial contact
with crime victims and ways to comprehensively explain to
victims and witnesses their rights under the Rights of
Crime Victims and Witnesses Act and the Crime Victims
Compensation Act. The curriculum shall also include
training in effective recognition of and responses to
stress, trauma, and post-traumatic stress experienced by
police officers. The curriculum shall also include a block
of instruction aimed at identifying and interacting with
persons with autism and other developmental or physical
disabilities, reducing barriers to reporting crimes
against persons with autism, and addressing the unique
challenges presented by cases involving victims or
witnesses with autism and other developmental
disabilities. The curriculum for permanent police officers
shall include, but not be limited to: (1) refresher and
in-service training in any of the courses listed above in
this subparagraph, (2) advanced courses in any of the
subjects listed above in this subparagraph, (3) training
for supervisory personnel, and (4) specialized training in
subjects and fields to be selected by the board. The
training in the use of electronic control devices shall be
conducted for probationary police officers, including
University police officers.
b. Minimum courses of study, attendance requirements
and equipment requirements.
c. Minimum requirements for instructors.
d. Minimum basic training requirements, which a
probationary police officer must satisfactorily complete
before being eligible for permanent employment as a local
law enforcement officer for a participating local
governmental agency. Those requirements shall include
training in first aid (including cardiopulmonary
resuscitation).
e. Minimum basic training requirements, which a
probationary county corrections officer must
satisfactorily complete before being eligible for
permanent employment as a county corrections officer for a
participating local governmental agency.
f. Minimum basic training requirements which a
probationary court security officer must satisfactorily
complete before being eligible for permanent employment as
a court security officer for a participating local
governmental agency. The Board shall establish those
training requirements which it considers appropriate for
court security officers and shall certify schools to
conduct that training.
A person hired to serve as a court security officer
must obtain from the Board a certificate (i) attesting to
his or her successful completion of the training course;
(ii) attesting to his or her satisfactory completion of a
training program of similar content and number of hours
that has been found acceptable by the Board under the
provisions of this Act; or (iii) attesting to the Board's
determination that the training course is unnecessary
because of the person's extensive prior law enforcement
experience.
Individuals who currently serve as court security
officers shall be deemed qualified to continue to serve in
that capacity so long as they are certified as provided by
this Act within 24 months of June 1, 1997 (the effective
date of Public Act 89-685). Failure to be so certified,
absent a waiver from the Board, shall cause the officer to
forfeit his or her position.
All individuals hired as court security officers on or
after June 1, 1997 (the effective date of Public Act
89-685) this amendatory Act of 1996 shall be certified
within 12 months of the date of their hire, unless a waiver
has been obtained by the Board, or they shall forfeit their
positions.
The Sheriff's Merit Commission, if one exists, or the
Sheriff's Office if there is no Sheriff's Merit Commission,
shall maintain a list of all individuals who have filed
applications to become court security officers and who meet
the eligibility requirements established under this Act.
Either the Sheriff's Merit Commission, or the Sheriff's
Office if no Sheriff's Merit Commission exists, shall
establish a schedule of reasonable intervals for
verification of the applicants' qualifications under this
Act and as established by the Board.
g. Minimum in-service training requirements, which a
police officer must satisfactorily complete every 3 years.
Those requirements shall include constitutional and proper
use of law enforcement authority, procedural justice,
civil rights, human rights, mental health awareness and
response, and cultural competency.
h. Minimum in-service training requirements, which a
police officer must satisfactorily complete at least
annually. Those requirements shall include law updates and
use of force training which shall include scenario based
training, or similar training approved by the Board.
(Source: P.A. 99-352, eff. 1-1-16; 99-480, eff. 9-9-15; 99-642,
eff. 7-28-16; 99-801, eff. 1-1-17; 100-121, eff. 1-1-18;
100-247, eff. 1-1-18; revised 10-3-17.)
(50 ILCS 705/10.18)
Sec. 10.18. Training; administration of opioid
antagonists. The Board shall conduct or approve an in-service
training program for police officers in the administration of
opioid antagonists as defined in paragraph (1) of subsection
(e) of Section 5-23 of the Substance Use Disorder Act
Alcoholism and Other Drug Abuse and Dependency Act that is in
accordance with that Section. As used in this Section, the term
"police officers" includes full-time or part-time probationary
police officers, permanent or part-time police officers, law
enforcement officers, recruits, permanent or probationary
county corrections officers, permanent or probationary county
security officers, and court security officers. The term does
not include auxiliary police officers as defined in Section
3.1-30-20 of the Illinois Municipal Code.
(Source: P.A. 99-480, eff. 9-9-15; 99-642, eff. 7-28-16.)
Section 40. The Illinois Fire Protection Training Act is
amended by changing Sections 8 and 12.5 as follows:
(50 ILCS 740/8) (from Ch. 85, par. 538)
Sec. 8. Rules and minimum standards for schools. The Office
shall adopt rules and minimum standards for such schools which
shall include but not be limited to the following:
a. Minimum courses of study, resources, facilities,
apparatus, equipment, reference material, established
records and procedures as determined by the Office.
b. Minimum requirements for instructors.
c. Minimum basic training requirements, which a
trainee must satisfactorily complete before being eligible
for permanent employment as a fire fighter in the fire
department of a participating local governmental agency.
Those requirements shall include training in first aid
(including cardiopulmonary resuscitation) and training in
the administration of opioid antagonists as defined in
paragraph (1) of subsection (e) of Section 5-23 of the
Substance Use Disorder Act Alcoholism and Other Drug Abuse
and Dependency Act.
(Source: P.A. 99-480, eff. 9-9-15.)
(50 ILCS 740/12.5)
Sec. 12.5. In-service training; opioid antagonists. The
Office shall distribute an in-service training program for fire
fighters in the administration of opioid antagonists as defined
in paragraph (1) of subsection (e) of Section 5-23 of the
Substance Use Disorder Act Alcoholism and Other Drug Abuse and
Dependency Act that is developed by the Department of Human
Services in accordance with that Section. As used in this
Section 12.5, the term "fire fighters" includes full-time or
part-time fire fighters, but does not include auxiliary,
reserve, or volunteer firefighters.
(Source: P.A. 99-480, eff. 9-9-15.)
Section 45. The Counties Code is amended by changing
Section 5-1103 as follows:
(55 ILCS 5/5-1103) (from Ch. 34, par. 5-1103)
Sec. 5-1103. Court services fee. A county board may enact
by ordinance or resolution a court services fee dedicated to
defraying court security expenses incurred by the sheriff in
providing court services or for any other court services deemed
necessary by the sheriff to provide for court security,
including without limitation court services provided pursuant
to Section 3-6023, as now or hereafter amended. Such fee shall
be paid in civil cases by each party at the time of filing the
first pleading, paper or other appearance; provided that no
additional fee shall be required if more than one party is
represented in a single pleading, paper or other appearance. In
criminal, local ordinance, county ordinance, traffic and
conservation cases, such fee shall be assessed against the
defendant upon a plea of guilty, stipulation of facts or
findings of guilty, resulting in a judgment of conviction, or
order of supervision, or sentence of probation without entry of
judgment pursuant to Section 10 of the Cannabis Control Act,
Section 410 of the Illinois Controlled Substances Act, Section
70 of the Methamphetamine Control and Community Protection Act,
Section 12-4.3 or subdivision (b)(1) of Section 12-3.05 of the
Criminal Code of 1961 or the Criminal Code of 2012, Section
10-102 of the Illinois Alcoholism and Other Drug Dependency
Act, Section 40-10 of the Substance Use Disorder Act,
Alcoholism and Other Drug Abuse and Dependency Act, or Section
10 of the Steroid Control Act. In setting such fee, the county
board may impose, with the concurrence of the Chief Judge of
the judicial circuit in which the county is located by
administrative order entered by the Chief Judge, differential
rates for the various types or categories of criminal and civil
cases, but the maximum rate shall not exceed $25, unless the
fee is set according to an acceptable cost study in accordance
with Section 4-5001 of the Counties Code. All proceeds from
this fee must be used to defray court security expenses
incurred by the sheriff in providing court services. No fee
shall be imposed or collected, however, in traffic,
conservation, and ordinance cases in which fines are paid
without a court appearance. The fees shall be collected in the
manner in which all other court fees or costs are collected and
shall be deposited into the county general fund for payment
solely of costs incurred by the sheriff in providing court
security or for any other court services deemed necessary by
the sheriff to provide for court security.
(Source: P.A. 99-265, eff. 1-1-16.)
Section 46. The Drug School Act is amended by changing
Sections 10, 15, and 40 as follows:
(55 ILCS 130/10)
Sec. 10. Definition. As used in this Act, "drug school"
means a drug intervention and education program established and
administered by the State's Attorney's Office of a particular
county as an alternative to traditional prosecution. A drug
school shall include, but not be limited to, the following core
components:
(1) No less than 10 and no more than 20 hours of drug
education delivered by an organization licensed, certified
or otherwise authorized by the Illinois Department of Human
Services, Division of Substance Use Prevention and
Recovery Alcoholism and Substance Abuse to provide
treatment, intervention, education or other such services.
This education is to be delivered at least once per week at
a class of no less than one hour and no greater than 4
hours, and with a class size no larger than 40 individuals.
(2) Curriculum designed to present the harmful effects
of drug use on the individual, family and community,
including the relationship between drug use and criminal
behavior, as well as instruction regarding the application
procedure for the sealing and expungement of records of
arrest and any other record of the proceedings of the case
for which the individual was mandated to attend the drug
school.
(3) Education regarding the practical consequences of
conviction and continued justice involvement. Such
consequences of drug use will include the negative
physiological, psychological, societal, familial, and
legal areas. Additionally, the practical limitations
imposed by a drug conviction on one's vocational,
educational, financial, and residential options will be
addressed.
(4) A process for monitoring and reporting attendance
such that the State's Attorney in the county where the drug
school is being operated is informed of class attendance no
more than 48 hours after each class.
(5) A process for capturing data on drug school
participants, including but not limited to total
individuals served, demographics of those individuals,
rates of attendance, and frequency of future justice
involvement for drug school participants and other data as
may be required by the Division of Substance Use Prevention
and Recovery Alcoholism and Substance Abuse.
(Source: P.A. 95-160, eff. 1-1-08.)
(55 ILCS 130/15)
Sec. 15. Authorization.
(a) Each State's Attorney may establish a drug school
operated under the terms of this Act. The purpose of the drug
school shall be to provide an alternative to prosecution by
identifying drug-involved individuals for the purpose of
intervening with their drug use before their criminal
involvement becomes severe. The State's Attorney shall
identify criteria to be used in determining eligibility for the
drug school. Only those participants who successfully complete
the requirements of the drug school, as certified by the
State's Attorney, are eligible to apply for the sealing and
expungement of records of arrest and any other record of the
proceedings of the case for which the individual was mandated
to attend the drug school.
(b) A State's Attorney seeking to establish a drug school
may apply to the Division of Substance Use Prevention and
Recovery Alcoholism and Substance Abuse of the Illinois
Department of Human Services ("DASA") for funding to establish
and operate a drug school within his or her respective county.
Nothing in this subsection shall prevent State's Attorneys from
establishing drug schools within their counties without
funding from the Division of Substance Use Prevention and
Recovery DASA.
(c) Nothing in this Act shall prevent 2 or more State's
Attorneys from applying jointly for funding as provided in
subsection (b) for the purpose of establishing a drug school
that serves multiple counties.
(d) Drug schools established through funding from the
Division of Substance Use Prevention and Recovery DASA shall
operate according to the guidelines established thereby and the
provisions of this Act.
(Source: P.A. 95-160, eff. 1-1-08.)
(55 ILCS 130/40)
Sec. 40. Appropriations to the Division of Substance Use
Prevention and Recovery DASA.
(a) Moneys shall be appropriated to the Department of Human
Services' Division of Substance Use Prevention and Recovery
DASA to enable the Division DASA (i) to contract with Cook
County, and (ii) counties other than Cook County to reimburse
for services delivered in those counties under the county Drug
School program.
(b) The Division of Substance Use Prevention and Recovery
DASA shall establish rules and procedures for reimbursements
paid to the Cook County Treasurer which are not subject to
county appropriation and are not intended to supplant monies
currently expended by Cook County to operate its drug school
program. Cook County is required to maintain its efforts with
regard to its drug school program.
(c) Expenditure of moneys under this Section is subject to
audit by the Auditor General.
(d) In addition to reporting required by the Division of
Substance Use Prevention and Recovery DASA, State's Attorneys
receiving monies under this Section shall each report
separately to the General Assembly by January 1, 2008 and each
and every following January 1 for as long as the services are
in existence, detailing the need for continued services and
contain any suggestions for changes to this Act.
(Source: P.A. 95-160, eff. 1-1-08.)
Section 50. The Township Code is amended by changing
Sections 30-145 and 190-10 as follows:
(60 ILCS 1/30-145)
Sec. 30-145. Mental health services. If a township is not
included in a mental health district organized under the
Community Mental Health Act, the electors may authorize the
board of trustees to provide mental health services (including
services for the alcoholic and the drug addicted, and for
persons with intellectual disabilities) for residents of the
township by disbursing existing funds if available by
contracting with mental health agencies approved by the
Department of Human Services, alcoholism treatment programs
licensed by the Department of Public Health, and treatment drug
abuse facilities and other services for substance use disorders
alcohol and drug abuse services approved by the Department of
Human Services. To be eligible to receive township funds, an
agency, program, facility, or other service provider must have
been in existence for more than one year and must serve the
township area.
(Source: P.A. 99-143, eff. 7-27-15.)
(60 ILCS 1/190-10)
Sec. 190-10. Mental health services. If a township is not
included in a mental health district organized under the
Community Mental Health Act, the township board may provide
mental health services (including services for the alcoholic
and the drug addicted, and for persons with intellectual
disabilities) for residents of the township by disbursing
funds, pursuant to an appropriation, to mental health agencies
approved by the Department of Human Services, alcoholism
treatment programs licensed by the Department of Public Health,
drug abuse facilities approved by the Department of Human
Services, and other services for substance use disorders
alcoholism and drug abuse services approved by the Department
of Human Services. To be eligible for township funds disbursed
under this Section, an agency, program, facility, or other
service provider must have been in existence for more than one
year and serve the township area.
(Source: P.A. 99-143, eff. 7-27-15.)
Section 55. The School Code is amended by changing Section
22-30 as follows:
(105 ILCS 5/22-30)
Sec. 22-30. Self-administration and self-carry of asthma
medication and epinephrine auto-injectors; administration of
undesignated epinephrine auto-injectors; administration of an
opioid antagonist; asthma episode emergency response protocol.
(a) For the purpose of this Section only, the following
terms shall have the meanings set forth below:
"Asthma action plan" means a written plan developed with a
pupil's medical provider to help control the pupil's asthma.
The goal of an asthma action plan is to reduce or prevent
flare-ups and emergency department visits through day-to-day
management and to serve as a student-specific document to be
referenced in the event of an asthma episode.
"Asthma episode emergency response protocol" means a
procedure to provide assistance to a pupil experiencing
symptoms of wheezing, coughing, shortness of breath, chest
tightness, or breathing difficulty.
"Asthma inhaler" means a quick reliever asthma inhaler.
"Epinephrine auto-injector" means a single-use device used
for the automatic injection of a pre-measured dose of
epinephrine into the human body.
"Asthma medication" means a medicine, prescribed by (i) a
physician licensed to practice medicine in all its branches,
(ii) a licensed physician assistant with prescriptive
authority, or (iii) a licensed advanced practice registered
nurse with prescriptive authority for a pupil that pertains to
the pupil's asthma and that has an individual prescription
label.
"Opioid antagonist" means a drug that binds to opioid
receptors and blocks or inhibits the effect of opioids acting
on those receptors, including, but not limited to, naloxone
hydrochloride or any other similarly acting drug approved by
the U.S. Food and Drug Administration.
"School nurse" means a registered nurse working in a school
with or without licensure endorsed in school nursing.
"Self-administration" means a pupil's discretionary use of
his or her prescribed asthma medication or epinephrine
auto-injector.
"Self-carry" means a pupil's ability to carry his or her
prescribed asthma medication or epinephrine auto-injector.
"Standing protocol" may be issued by (i) a physician
licensed to practice medicine in all its branches, (ii) a
licensed physician assistant with prescriptive authority, or
(iii) a licensed advanced practice registered nurse with
prescriptive authority.
"Trained personnel" means any school employee or volunteer
personnel authorized in Sections 10-22.34, 10-22.34a, and
10-22.34b of this Code who has completed training under
subsection (g) of this Section to recognize and respond to
anaphylaxis.
"Undesignated epinephrine auto-injector" means an
epinephrine auto-injector prescribed in the name of a school
district, public school, or nonpublic school.
(b) A school, whether public or nonpublic, must permit the
self-administration and self-carry of asthma medication by a
pupil with asthma or the self-administration and self-carry of
an epinephrine auto-injector by a pupil, provided that:
(1) the parents or guardians of the pupil provide to
the school (i) written authorization from the parents or
guardians for (A) the self-administration and self-carry
of asthma medication or (B) the self-carry of asthma
medication or (ii) for (A) the self-administration and
self-carry of an epinephrine auto-injector or (B) the
self-carry of an epinephrine auto-injector, written
authorization from the pupil's physician, physician
assistant, or advanced practice registered nurse; and
(2) the parents or guardians of the pupil provide to
the school (i) the prescription label, which must contain
the name of the asthma medication, the prescribed dosage,
and the time at which or circumstances under which the
asthma medication is to be administered, or (ii) for the
self-administration or self-carry of an epinephrine
auto-injector, a written statement from the pupil's
physician, physician assistant, or advanced practice
registered nurse containing the following information:
(A) the name and purpose of the epinephrine
auto-injector;
(B) the prescribed dosage; and
(C) the time or times at which or the special
circumstances under which the epinephrine
auto-injector is to be administered.
The information provided shall be kept on file in the office of
the school nurse or, in the absence of a school nurse, the
school's administrator.
(b-5) A school district, public school, or nonpublic school
may authorize the provision of a student-specific or
undesignated epinephrine auto-injector to a student or any
personnel authorized under a student's Individual Health Care
Action Plan, Illinois Food Allergy Emergency Action Plan and
Treatment Authorization Form, or plan pursuant to Section 504
of the federal Rehabilitation Act of 1973 to administer an
epinephrine auto-injector to the student, that meets the
student's prescription on file.
(b-10) The school district, public school, or nonpublic
school may authorize a school nurse or trained personnel to do
the following: (i) provide an undesignated epinephrine
auto-injector to a student for self-administration only or any
personnel authorized under a student's Individual Health Care
Action Plan, Illinois Food Allergy Emergency Action Plan and
Treatment Authorization Form, or plan pursuant to Section 504
of the federal Rehabilitation Act of 1973 to administer to the
student, that meets the student's prescription on file; (ii)
administer an undesignated epinephrine auto-injector that
meets the prescription on file to any student who has an
Individual Health Care Action Plan, Illinois Food Allergy
Emergency Action Plan and Treatment Authorization Form, or plan
pursuant to Section 504 of the federal Rehabilitation Act of
1973 that authorizes the use of an epinephrine auto-injector;
(iii) administer an undesignated epinephrine auto-injector to
any person that the school nurse or trained personnel in good
faith believes is having an anaphylactic reaction; and (iv)
administer an opioid antagonist to any person that the school
nurse or trained personnel in good faith believes is having an
opioid overdose.
(c) The school district, public school, or nonpublic school
must inform the parents or guardians of the pupil, in writing,
that the school district, public school, or nonpublic school
and its employees and agents, including a physician, physician
assistant, or advanced practice registered nurse providing
standing protocol or prescription for school epinephrine
auto-injectors, are to incur no liability or professional
discipline, except for willful and wanton conduct, as a result
of any injury arising from the administration of asthma
medication, an epinephrine auto-injector, or an opioid
antagonist regardless of whether authorization was given by the
pupil's parents or guardians or by the pupil's physician,
physician assistant, or advanced practice registered nurse.
The parents or guardians of the pupil must sign a statement
acknowledging that the school district, public school, or
nonpublic school and its employees and agents are to incur no
liability, except for willful and wanton conduct, as a result
of any injury arising from the administration of asthma
medication, an epinephrine auto-injector, or an opioid
antagonist regardless of whether authorization was given by the
pupil's parents or guardians or by the pupil's physician,
physician assistant, or advanced practice registered nurse and
that the parents or guardians must indemnify and hold harmless
the school district, public school, or nonpublic school and its
employees and agents against any claims, except a claim based
on willful and wanton conduct, arising out of the
administration of asthma medication, an epinephrine
auto-injector, or an opioid antagonist regardless of whether
authorization was given by the pupil's parents or guardians or
by the pupil's physician, physician assistant, or advanced
practice registered nurse.
(c-5) When a school nurse or trained personnel administers
an undesignated epinephrine auto-injector to a person whom the
school nurse or trained personnel in good faith believes is
having an anaphylactic reaction or administers an opioid
antagonist to a person whom the school nurse or trained
personnel in good faith believes is having an opioid overdose,
notwithstanding the lack of notice to the parents or guardians
of the pupil or the absence of the parents or guardians signed
statement acknowledging no liability, except for willful and
wanton conduct, the school district, public school, or
nonpublic school and its employees and agents, and a physician,
a physician assistant, or an advanced practice registered nurse
providing standing protocol or prescription for undesignated
epinephrine auto-injectors, are to incur no liability or
professional discipline, except for willful and wanton
conduct, as a result of any injury arising from the use of an
undesignated epinephrine auto-injector or the use of an opioid
antagonist regardless of whether authorization was given by the
pupil's parents or guardians or by the pupil's physician,
physician assistant, or advanced practice registered nurse.
(d) The permission for self-administration and self-carry
of asthma medication or the self-administration and self-carry
of an epinephrine auto-injector is effective for the school
year for which it is granted and shall be renewed each
subsequent school year upon fulfillment of the requirements of
this Section.
(e) Provided that the requirements of this Section are
fulfilled, a pupil with asthma may self-administer and
self-carry his or her asthma medication or a pupil may
self-administer and self-carry an epinephrine auto-injector
(i) while in school, (ii) while at a school-sponsored activity,
(iii) while under the supervision of school personnel, or (iv)
before or after normal school activities, such as while in
before-school or after-school care on school-operated property
or while being transported on a school bus.
(e-5) Provided that the requirements of this Section are
fulfilled, a school nurse or trained personnel may administer
an undesignated epinephrine auto-injector to any person whom
the school nurse or trained personnel in good faith believes to
be having an anaphylactic reaction (i) while in school, (ii)
while at a school-sponsored activity, (iii) while under the
supervision of school personnel, or (iv) before or after normal
school activities, such as while in before-school or
after-school care on school-operated property or while being
transported on a school bus. A school nurse or trained
personnel may carry undesignated epinephrine auto-injectors on
his or her person while in school or at a school-sponsored
activity.
(e-10) Provided that the requirements of this Section are
fulfilled, a school nurse or trained personnel may administer
an opioid antagonist to any person whom the school nurse or
trained personnel in good faith believes to be having an opioid
overdose (i) while in school, (ii) while at a school-sponsored
activity, (iii) while under the supervision of school
personnel, or (iv) before or after normal school activities,
such as while in before-school or after-school care on
school-operated property. A school nurse or trained personnel
may carry an opioid antagonist on their person while in school
or at a school-sponsored activity.
(f) The school district, public school, or nonpublic school
may maintain a supply of undesignated epinephrine
auto-injectors in any secure location that is accessible
before, during, and after school where an allergic person is
most at risk, including, but not limited to, classrooms and
lunchrooms. A physician, a physician assistant who has been
delegated prescriptive authority in accordance with Section
7.5 of the Physician Assistant Practice Act of 1987, or an
advanced practice registered nurse who has been delegated
prescriptive authority in accordance with Section 65-40 of the
Nurse Practice Act may prescribe undesignated epinephrine
auto-injectors in the name of the school district, public
school, or nonpublic school to be maintained for use when
necessary. Any supply of epinephrine auto-injectors shall be
maintained in accordance with the manufacturer's instructions.
The school district, public school, or nonpublic school may
maintain a supply of an opioid antagonist in any secure
location where an individual may have an opioid overdose. A
health care professional who has been delegated prescriptive
authority for opioid antagonists in accordance with Section
5-23 of the Substance Use Disorder Act Alcoholism and Other
Drug Abuse and Dependency Act may prescribe opioid antagonists
in the name of the school district, public school, or nonpublic
school, to be maintained for use when necessary. Any supply of
opioid antagonists shall be maintained in accordance with the
manufacturer's instructions.
(f-3) Whichever entity initiates the process of obtaining
undesignated epinephrine auto-injectors and providing training
to personnel for carrying and administering undesignated
epinephrine auto-injectors shall pay for the costs of the
undesignated epinephrine auto-injectors.
(f-5) Upon any administration of an epinephrine
auto-injector, a school district, public school, or nonpublic
school must immediately activate the EMS system and notify the
student's parent, guardian, or emergency contact, if known.
Upon any administration of an opioid antagonist, a school
district, public school, or nonpublic school must immediately
activate the EMS system and notify the student's parent,
guardian, or emergency contact, if known.
(f-10) Within 24 hours of the administration of an
undesignated epinephrine auto-injector, a school district,
public school, or nonpublic school must notify the physician,
physician assistant, or advanced practice registered nurse who
provided the standing protocol or prescription for the
undesignated epinephrine auto-injector of its use.
Within 24 hours after the administration of an opioid
antagonist, a school district, public school, or nonpublic
school must notify the health care professional who provided
the prescription for the opioid antagonist of its use.
(g) Prior to the administration of an undesignated
epinephrine auto-injector, trained personnel must submit to
their school's administration proof of completion of a training
curriculum to recognize and respond to anaphylaxis that meets
the requirements of subsection (h) of this Section. Training
must be completed annually. The school district, public school,
or nonpublic school must maintain records related to the
training curriculum and trained personnel.
Prior to the administration of an opioid antagonist,
trained personnel must submit to their school's administration
proof of completion of a training curriculum to recognize and
respond to an opioid overdose, which curriculum must meet the
requirements of subsection (h-5) of this Section. Training must
be completed annually. Trained personnel must also submit to
the school's administration proof of cardiopulmonary
resuscitation and automated external defibrillator
certification. The school district, public school, or
nonpublic school must maintain records relating to the training
curriculum and the trained personnel.
(h) A training curriculum to recognize and respond to
anaphylaxis, including the administration of an undesignated
epinephrine auto-injector, may be conducted online or in
person.
Training shall include, but is not limited to:
(1) how to recognize signs and symptoms of an allergic
reaction, including anaphylaxis;
(2) how to administer an epinephrine auto-injector;
and
(3) a test demonstrating competency of the knowledge
required to recognize anaphylaxis and administer an
epinephrine auto-injector.
Training may also include, but is not limited to:
(A) a review of high-risk areas within a school and its
related facilities;
(B) steps to take to prevent exposure to allergens;
(C) emergency follow-up procedures;
(D) how to respond to a student with a known allergy,
as well as a student with a previously unknown allergy; and
(E) other criteria as determined in rules adopted
pursuant to this Section.
In consultation with statewide professional organizations
representing physicians licensed to practice medicine in all of
its branches, registered nurses, and school nurses, the State
Board of Education shall make available resource materials
consistent with criteria in this subsection (h) for educating
trained personnel to recognize and respond to anaphylaxis. The
State Board may take into consideration the curriculum on this
subject developed by other states, as well as any other
curricular materials suggested by medical experts and other
groups that work on life-threatening allergy issues. The State
Board is not required to create new resource materials. The
State Board shall make these resource materials available on
its Internet website.
(h-5) A training curriculum to recognize and respond to an
opioid overdose, including the administration of an opioid
antagonist, may be conducted online or in person. The training
must comply with any training requirements under Section 5-23
of the Substance Use Disorder Act Alcoholism and Other Drug
Abuse and Dependency Act and the corresponding rules. It must
include, but is not limited to:
(1) how to recognize symptoms of an opioid overdose;
(2) information on drug overdose prevention and
recognition;
(3) how to perform rescue breathing and resuscitation;
(4) how to respond to an emergency involving an opioid
overdose;
(5) opioid antagonist dosage and administration;
(6) the importance of calling 911;
(7) care for the overdose victim after administration
of the overdose antagonist;
(8) a test demonstrating competency of the knowledge
required to recognize an opioid overdose and administer a
dose of an opioid antagonist; and
(9) other criteria as determined in rules adopted
pursuant to this Section.
(i) Within 3 days after the administration of an
undesignated epinephrine auto-injector by a school nurse,
trained personnel, or a student at a school or school-sponsored
activity, the school must report to the State Board of
Education in a form and manner prescribed by the State Board
the following information:
(1) age and type of person receiving epinephrine
(student, staff, visitor);
(2) any previously known diagnosis of a severe allergy;
(3) trigger that precipitated allergic episode;
(4) location where symptoms developed;
(5) number of doses administered;
(6) type of person administering epinephrine (school
nurse, trained personnel, student); and
(7) any other information required by the State Board.
If a school district, public school, or nonpublic school
maintains or has an independent contractor providing
transportation to students who maintains a supply of
undesignated epinephrine auto-injectors, then the school
district, public school, or nonpublic school must report that
information to the State Board of Education upon adoption or
change of the policy of the school district, public school,
nonpublic school, or independent contractor, in a manner as
prescribed by the State Board. The report must include the
number of undesignated epinephrine auto-injectors in supply.
(i-5) Within 3 days after the administration of an opioid
antagonist by a school nurse or trained personnel, the school
must report to the State Board of Education, in a form and
manner prescribed by the State Board, the following
information:
(1) the age and type of person receiving the opioid
antagonist (student, staff, or visitor);
(2) the location where symptoms developed;
(3) the type of person administering the opioid
antagonist (school nurse or trained personnel); and
(4) any other information required by the State Board.
(j) By October 1, 2015 and every year thereafter, the State
Board of Education shall submit a report to the General
Assembly identifying the frequency and circumstances of
epinephrine administration during the preceding academic year.
Beginning with the 2017 report, the report shall also contain
information on which school districts, public schools, and
nonpublic schools maintain or have independent contractors
providing transportation to students who maintain a supply of
undesignated epinephrine auto-injectors. This report shall be
published on the State Board's Internet website on the date the
report is delivered to the General Assembly.
(j-5) Annually, each school district, public school,
charter school, or nonpublic school shall request an asthma
action plan from the parents or guardians of a pupil with
asthma. If provided, the asthma action plan must be kept on
file in the office of the school nurse or, in the absence of a
school nurse, the school administrator. Copies of the asthma
action plan may be distributed to appropriate school staff who
interact with the pupil on a regular basis, and, if applicable,
may be attached to the pupil's federal Section 504 plan or
individualized education program plan.
(j-10) To assist schools with emergency response
procedures for asthma, the State Board of Education, in
consultation with statewide professional organizations with
expertise in asthma management and a statewide organization
representing school administrators, shall develop a model
asthma episode emergency response protocol before September 1,
2016. Each school district, charter school, and nonpublic
school shall adopt an asthma episode emergency response
protocol before January 1, 2017 that includes all of the
components of the State Board's model protocol.
(j-15) Every 2 years, school personnel who work with pupils
shall complete an in-person or online training program on the
management of asthma, the prevention of asthma symptoms, and
emergency response in the school setting. In consultation with
statewide professional organizations with expertise in asthma
management, the State Board of Education shall make available
resource materials for educating school personnel about asthma
and emergency response in the school setting.
(j-20) On or before October 1, 2016 and every year
thereafter, the State Board of Education shall submit a report
to the General Assembly and the Department of Public Health
identifying the frequency and circumstances of opioid
antagonist administration during the preceding academic year.
This report shall be published on the State Board's Internet
website on the date the report is delivered to the General
Assembly.
(k) The State Board of Education may adopt rules necessary
to implement this Section.
(l) Nothing in this Section shall limit the amount of
epinephrine auto-injectors that any type of school or student
may carry or maintain a supply of.
(Source: P.A. 99-173, eff. 7-29-15; 99-480, eff. 9-9-15;
99-642, eff. 7-28-16; 99-711, eff. 1-1-17; 99-843, eff.
8-19-16; 100-201, eff. 8-18-17; 100-513, eff. 1-1-18.)
Section 60. The Hospital Licensing Act is amended by
changing Section 3 as follows:
(210 ILCS 85/3)
Sec. 3. As used in this Act:
(A) "Hospital" means any institution, place, building,
buildings on a campus, or agency, public or private, whether
organized for profit or not, devoted primarily to the
maintenance and operation of facilities for the diagnosis and
treatment or care of 2 or more unrelated persons admitted for
overnight stay or longer in order to obtain medical, including
obstetric, psychiatric and nursing, care of illness, disease,
injury, infirmity, or deformity.
The term "hospital", without regard to length of stay,
shall also include:
(a) any facility which is devoted primarily to
providing psychiatric and related services and programs
for the diagnosis and treatment or care of 2 or more
unrelated persons suffering from emotional or nervous
diseases;
(b) all places where pregnant females are received,
cared for, or treated during delivery irrespective of the
number of patients received.
The term "hospital" includes general and specialized
hospitals, tuberculosis sanitaria, mental or psychiatric
hospitals and sanitaria, and includes maternity homes,
lying-in homes, and homes for unwed mothers in which care is
given during delivery.
The term "hospital" does not include:
(1) any person or institution required to be licensed
pursuant to the Nursing Home Care Act, the Specialized
Mental Health Rehabilitation Act of 2013, the ID/DD
Community Care Act, or the MC/DD Act;
(2) hospitalization or care facilities maintained by
the State or any department or agency thereof, where such
department or agency has authority under law to establish
and enforce standards for the hospitalization or care
facilities under its management and control;
(3) hospitalization or care facilities maintained by
the federal government or agencies thereof;
(4) hospitalization or care facilities maintained by
any university or college established under the laws of
this State and supported principally by public funds raised
by taxation;
(5) any person or facility required to be licensed
pursuant to the Substance Use Disorder Act; Alcoholism and
Other Drug Abuse and Dependency Act;
(6) any facility operated solely by and for persons who
rely exclusively upon treatment by spiritual means through
prayer, in accordance with the creed or tenets of any
well-recognized church or religious denomination;
(7) an Alzheimer's disease management center
alternative health care model licensed under the
Alternative Health Care Delivery Act; or
(8) any veterinary hospital or clinic operated by a
veterinarian or veterinarians licensed under the
Veterinary Medicine and Surgery Practice Act of 2004 or
maintained by a State-supported or publicly funded
university or college.
(B) "Person" means the State, and any political subdivision
or municipal corporation, individual, firm, partnership,
corporation, company, association, or joint stock association,
or the legal successor thereof.
(C) "Department" means the Department of Public Health of
the State of Illinois.
(D) "Director" means the Director of Public Health of the
State of Illinois.
(E) "Perinatal" means the period of time between the
conception of an infant and the end of the first month after
birth.
(F) "Federally designated organ procurement agency" means
the organ procurement agency designated by the Secretary of the
U.S. Department of Health and Human Services for the service
area in which a hospital is located; except that in the case of
a hospital located in a county adjacent to Wisconsin which
currently contracts with an organ procurement agency located in
Wisconsin that is not the organ procurement agency designated
by the U.S. Secretary of Health and Human Services for the
service area in which the hospital is located, if the hospital
applies for a waiver pursuant to 42 USC 1320b-8(a), it may
designate an organ procurement agency located in Wisconsin to
be thereafter deemed its federally designated organ
procurement agency for the purposes of this Act.
(G) "Tissue bank" means any facility or program operating
in Illinois that is certified by the American Association of
Tissue Banks or the Eye Bank Association of America and is
involved in procuring, furnishing, donating, or distributing
corneas, bones, or other human tissue for the purpose of
injecting, transfusing, or transplanting any of them into the
human body. "Tissue bank" does not include a licensed blood
bank. For the purposes of this Act, "tissue" does not include
organs.
(H) "Campus", as this terms applies to operations, has the
same meaning as the term "campus" as set forth in federal
Medicare regulations, 42 CFR 413.65.
(Source: P.A. 98-104, eff. 7-22-13; 99-180, eff. 7-29-15.)
Section 61. The Illinois Insurance Code is amended by
changing Section 367d.1 as follows:
(215 ILCS 5/367d.1) (from Ch. 73, par. 979d.1)
Sec. 367d.1. After the effective date of this amendatory
Act of 1992, no group policy of accident and health insurance
that provides coverage for the treatment of alcoholism or other
drug abuse or dependency on both an inpatient and outpatient
basis may be issued, delivered or amended in this State if it
excludes from coverage services provided by persons or entities
licensed by the Department of Human Services to provide
substance use disorder treatment alcoholism or drug abuse or
dependency services, provided however that (a) the charges are
otherwise eligible for reimbursement under the policy and (b)
the services provided are medically necessary and within the
scope of the licensure of the provider. This Section shall not
apply to arrangements, agreements or policies authorized under
the Health Care Reimbursement Reform Act of 1985; the Limited
Health Service Organization Act; or the Health Maintenance
Organization Act.
(Source: P.A. 89-507, eff. 7-1-97.)
Section 65. The Child Care Act of 1969 is amended by
changing Sections 3 and 8 as follows:
(225 ILCS 10/3) (from Ch. 23, par. 2213)
Sec. 3. (a) No person, group of persons or corporation may
operate or conduct any facility for child care, as defined in
this Act, without a license or permit issued by the Department
or without being approved by the Department as meeting the
standards established for such licensing, with the exception of
facilities for whom standards are established by the Department
of Corrections under Section 3-15-2 of the Unified Code of
Corrections and with the exception of facilities defined in
Section 2.10 of this Act, and with the exception of programs or
facilities licensed by the Department of Human Services under
the Substance Use Disorder Act. Alcoholism and Other Drug Abuse
and Dependency Act.
(b) No part day child care facility as described in Section
2.10 may operate without written notification to the Department
or without complying with Section 7.1. Notification shall
include a notarized statement by the facility that the facility
complies with state or local health standards and state fire
safety standards, and shall be filed with the department every
2 years.
(c) The Director of the Department shall establish policies
and coordinate activities relating to child care licensing,
licensing of day care homes and day care centers.
(d) Any facility or agency which is exempt from licensing
may apply for licensing if licensing is required for some
government benefit.
(e) A provider of day care described in items (a) through
(j) of Section 2.09 of this Act is exempt from licensure. The
Department shall provide written verification of exemption and
description of compliance with standards for the health,
safety, and development of the children who receive the
services upon submission by the provider of, in addition to any
other documentation required by the Department, a notarized
statement that the facility complies with: (1) the standards of
the Department of Public Health or local health department, (2)
the fire safety standards of the State Fire Marshal, and (3) if
operated in a public school building, the health and safety
standards of the State Board of Education.
(Source: P.A. 99-699, eff. 7-29-16.)
(225 ILCS 10/8) (from Ch. 23, par. 2218)
Sec. 8. The Department may revoke or refuse to renew the
license of any child care facility or child welfare agency or
refuse to issue full license to the holder of a permit should
the licensee or holder of a permit:
(1) fail to maintain standards prescribed and
published by the Department;
(2) violate any of the provisions of the license
issued;
(3) furnish or make any misleading or any false
statement or report to the Department;
(4) refuse to submit to the Department any reports or
refuse to make available to the Department any records
required by the Department in making investigation of the
facility for licensing purposes;
(5) fail or refuse to submit to an investigation by the
Department;
(6) fail or refuse to admit authorized representatives
of the Department at any reasonable time for the purpose of
investigation;
(7) fail to provide, maintain, equip and keep in safe
and sanitary condition premises established or used for
child care as required under standards prescribed by the
Department, or as otherwise required by any law, regulation
or ordinance applicable to the location of such facility;
(8) refuse to display its license or permit;
(9) be the subject of an indicated report under Section
3 of the Abused and Neglected Child Reporting Act or fail
to discharge or sever affiliation with the child care
facility of an employee or volunteer at the facility with
direct contact with children who is the subject of an
indicated report under Section 3 of that Act;
(10) fail to comply with the provisions of Section 7.1;
(11) fail to exercise reasonable care in the hiring,
training and supervision of facility personnel;
(12) fail to report suspected abuse or neglect of
children within the facility, as required by the Abused and
Neglected Child Reporting Act;
(12.5) fail to comply with subsection (c-5) of Section
7.4;
(13) fail to comply with Section 5.1 or 5.2 of this
Act; or
(14) be identified in an investigation by the
Department as a person with a substance use disorder, an
addict or alcoholic, as defined in the Substance Use
Disorder Act, Alcoholism and Other Drug Abuse and
Dependency Act, or be a person whom the Department knows
has abused alcohol or drugs, and has not successfully
participated in treatment, self-help groups or other
suitable activities, and the Department determines that
because of such abuse the licensee, holder of the permit,
or any other person directly responsible for the care and
welfare of the children served, does not comply with
standards relating to character, suitability or other
qualifications established under Section 7 of this Act.
(Source: P.A. 94-586, eff. 8-15-05; 94-1010, eff. 10-1-06.)
Section 70. The Pharmacy Practice Act is amended by
changing Section 19.1 as follows:
(225 ILCS 85/19.1)
(Section scheduled to be repealed on January 1, 2020)
Sec. 19.1. Dispensing opioid antagonists.
(a) Due to the recent rise in opioid-related deaths in
Illinois and the existence of an opioid antagonist that can
reverse the deadly effects of overdose, the General Assembly
finds that in order to avoid further loss where possible, it is
responsible to allow greater access of such an antagonist to
those populations at risk of overdose.
(b) Notwithstanding any general or special law to the
contrary, a licensed pharmacist may dispense an opioid
antagonist in accordance with written, standardized procedures
or protocols developed by the Department with the Department of
Public Health and the Department of Human Services if the
procedures or protocols are filed at the pharmacy before
implementation and are available to the Department upon
request.
(c) Before dispensing an opioid antagonist pursuant to this
Section, a pharmacist shall complete a training program
approved by the Department of Human Services pursuant to
Section 5-23 of the Substance Use Disorder Act Alcoholism and
Other Drug Abuse and Dependency Act. The training program shall
include, but not be limited to, proper documentation and
quality assurance.
(d) For the purpose of this Section, "opioid antagonist"
means a drug that binds to opioid receptors and blocks or
inhibits the effect of opioids acting on those receptors,
including, but not limited to, naloxone hydrochloride or any
other similarly acting and equally safe drug approved by the
U.S. Food and Drug Administration for the treatment of drug
overdose.
(Source: P.A. 99-480, eff. 9-9-15; 99-642, eff. 7-28-16.)
Section 75. The Illinois Public Aid Code is amended by
changing Sections 4-8, 4-9, 5-5, 6-1.3, 6-11, 9-9, and 9A-8 as
follows:
(305 ILCS 5/4-8) (from Ch. 23, par. 4-8)
Sec. 4-8. Mismanagement of assistance grant.
(a) If the County Department has reason to believe that the
money payment for basic maintenance is not being used, or may
not be used, in the best interests of the child and the family
and that there is present or potential damage to the standards
of health and well-being that the grant is intended to assure,
the County Department shall provide the parent or other
relative with the counseling and guidance services with respect
to the use of the grant and the management of other funds
available to the family as may be required to assure use of the
grant in the best interests of the child and family. The
Illinois Department shall by rule prescribe criteria which
shall constitute evidence of grant mismanagement. The criteria
shall include but not be limited to the following:
(1) A determination that a child in the assistance unit
is not receiving proper and necessary support or other care
for which assistance is being provided under this Code.
(2) A record establishing that the parent or relative
has been found guilty of public assistance fraud under
Article VIIIA.
(3) A determination by an appropriate person, entity,
or agency that the parent or other relative requires
treatment for substance use disorders alcohol or substance
abuse, mental health services, or other special care or
treatment.
The Department shall at least consider non-payment of rent
for two consecutive months as evidence of grant mismanagement
by a parent or relative of a recipient who is responsible for
making rental payments for the housing or shelter of the child
or family, unless the Department determines that the
non-payment is necessary for the protection of the health and
well-being of the recipient. The County Department shall advise
the parent or other relative grantee that continued
mismanagement will result in the application of one of the
sanctions specified in this Section.
The Illinois Department shall consider irregular school
attendance by children of school age grades 1 through 8, as
evidence of lack of proper and necessary support or care. The
Department may extend this consideration to children in grades
higher than 8.
The Illinois Department shall develop preventive programs
in collaboration with school and social service networks to
encourage school attendance of children receiving assistance
under Article IV. To the extent that Illinois Department and
community resources are available, the programs shall serve
families whose children in grades 1 through 8 are not attending
school regularly, as defined by the school. The Department may
extend these programs to families whose children are in grades
higher than 8. The programs shall include referrals from the
school to a social service network, assessment and development
of a service plan by one or more network representatives, and
the Illinois Department's encouragement of the family to follow
through with the service plan. Families that fail to follow the
service plan as determined by the service provider, shall be
subject to the protective payment provisions of this Section
and Section 4-9 of this Code.
Families for whom a protective payment plan has been in
effect for at least 3 months and whose school children continue
to regularly miss school shall be subject to sanction under
Section 4-21. The sanction shall continue until the children
demonstrate satisfactory attendance, as defined by the school.
To the extent necessary to implement this Section, the Illinois
Department shall seek appropriate waivers of federal
requirements from the U.S. Department of Health and Human
Services.
(b) In areas of the State where clinically appropriate
substance use disorder substance abuse treatment capacity is
available, if the local office has reason to believe that a
caretaker relative is experiencing a substance use disorder
substance abuse, the local office shall refer the caretaker
relative to a licensed treatment provider for assessment. If
the assessment indicates that the caretaker relative is
experiencing a substance use disorder substance abuse, the
local office shall require the caretaker relative to comply
with all treatment recommended by the assessment. If the
caretaker relative refuses without good cause, as determined by
rules of the Illinois Department, to submit to the assessment
or treatment, the caretaker relative shall be ineligible for
assistance, and the local office shall take one or more of the
following actions:
(i) If there is another family member or friend who is
ensuring that the family's needs are being met, that
person, if willing, shall be assigned as protective payee.
(ii) If there is no family member or close friend to
serve as protective payee, the local office shall provide
for a protective payment to a substitute payee as provided
in Section 4-9. The Department also shall determine whether
a referral to the Department of Children and Family
Services is warranted and, if appropriate, shall make the
referral.
(iii) The Department shall contact the individual who
is thought to be experiencing a substance use disorder
substance abuse and explain why the protective payee has
been assigned and refer the individual to treatment.
(c) This subsection (c) applies to cases other than those
described in subsection (b). If the efforts to correct the
mismanagement of the grant have failed, the County Department,
in accordance with the rules and regulations of the Illinois
Department, shall initiate one or more of the following
actions:
1. Provide for a protective payment to a substitute
payee, as provided in Section 4-9. This action may be
initiated for any assistance unit containing a child
determined to be neglected by the Department of Children
and Family Services under the Abused and Neglected Child
Reporting Act, and in any case involving a record of public
assistance fraud.
2. Provide for issuance of all or part of the grant in
the form of disbursing orders. This action may be initiated
in any case involving a record of public assistance fraud,
or upon the request of a substitute payee designated under
Section 4-9.
3. File a petition under the Juvenile Court Act of 1987
for an Order of Protection under Section 2-25, 2-26, 3-26,
3-27, 4-23, 4-24, 5-730, or 5-735 of that Act.
4. Institute a proceeding under the Juvenile Court Act
of 1987 for the appointment of a guardian or legal
representative for the purpose of receiving and managing
the public aid grant.
5. If the mismanagement of the grant, together with
other factors, has rendered the home unsuitable for the
best welfare of the child, file a neglect petition under
the Juvenile Court Act of 1987, requesting the removal of
the child or children.
(Source: P.A. 91-357, eff. 7-29-99; 92-111, eff. 1-1-02.)
(305 ILCS 5/4-9) (from Ch. 23, par. 4-9)
Sec. 4-9. Protective payment to substitute payee. If the
parent or other grantee relative persistently mismanages the
grant to the detriment of the child and the family but there is
reason to believe that, with specialized counseling and
guidance services, the parent or relative may develop ability
to manage the funds properly, the County Department, in
accordance with the rules and regulations of the Illinois
Department, may designate a person who is interested in or
concerned with the welfare of the child and its family to
receive the aid payment on behalf of the family. The County
Department may designate private welfare or social service
agencies to serve as substitute payees in appropriate cases.
The substitute payee shall serve without compensation and
assume the obligation of seeing that the aid payment is
expended for the benefit of the child and the family. He may
spend the grant for the family, or supervise the parent or
other relative in the use of the grant, depending upon the
circumstances in each case, and shall make monthly reports to
the County Department as the County Department and the Illinois
Department may require.
The County Department shall terminate the protective
payment when it is no longer necessary to assure that the grant
is being used for the welfare of the child and family, or when
the parent or other relative is no longer receiving and no
longer requires treatment for substance use disorders alcohol
or substance abuse, mental health services, or other special
care or treatment.
A substitute payee may be removed, in accordance with the
rules and regulations of the Illinois Department, for
unsatisfactory service. The removal may be effected without
hearing. The decision shall not be appealable to the Illinois
Department nor shall it be reviewable in the courts.
The County Department shall conduct periodic reviews as may
be required by the Illinois Department to determine whether
there is a continuing need for a protective payment. If it
appears that the need for the payment is likely to continue
beyond a reasonable period, the County Department shall take
one of the other actions set out in Section 4-8.
The parent or other relative shall be advised, in advance
of a determination to make a protective payment, that he may
appeal the decision to the Illinois Department under the
provisions of Section 11-8 of Article XI.
(Source: P.A. 87-528; 87-895.)
(305 ILCS 5/5-5) (from Ch. 23, par. 5-5)
Sec. 5-5. Medical services. The Illinois Department, by
rule, shall determine the quantity and quality of and the rate
of reimbursement for the medical assistance for which payment
will be authorized, and the medical services to be provided,
which may include all or part of the following: (1) inpatient
hospital services; (2) outpatient hospital services; (3) other
laboratory and X-ray services; (4) skilled nursing home
services; (5) physicians' services whether furnished in the
office, the patient's home, a hospital, a skilled nursing home,
or elsewhere; (6) medical care, or any other type of remedial
care furnished by licensed practitioners; (7) home health care
services; (8) private duty nursing service; (9) clinic
services; (10) dental services, including prevention and
treatment of periodontal disease and dental caries disease for
pregnant women, provided by an individual licensed to practice
dentistry or dental surgery; for purposes of this item (10),
"dental services" means diagnostic, preventive, or corrective
procedures provided by or under the supervision of a dentist in
the practice of his or her profession; (11) physical therapy
and related services; (12) prescribed drugs, dentures, and
prosthetic devices; and eyeglasses prescribed by a physician
skilled in the diseases of the eye, or by an optometrist,
whichever the person may select; (13) other diagnostic,
screening, preventive, and rehabilitative services, including
to ensure that the individual's need for intervention or
treatment of mental disorders or substance use disorders or
co-occurring mental health and substance use disorders is
determined using a uniform screening, assessment, and
evaluation process inclusive of criteria, for children and
adults; for purposes of this item (13), a uniform screening,
assessment, and evaluation process refers to a process that
includes an appropriate evaluation and, as warranted, a
referral; "uniform" does not mean the use of a singular
instrument, tool, or process that all must utilize; (14)
transportation and such other expenses as may be necessary;
(15) medical treatment of sexual assault survivors, as defined
in Section 1a of the Sexual Assault Survivors Emergency
Treatment Act, for injuries sustained as a result of the sexual
assault, including examinations and laboratory tests to
discover evidence which may be used in criminal proceedings
arising from the sexual assault; (16) the diagnosis and
treatment of sickle cell anemia; and (17) any other medical
care, and any other type of remedial care recognized under the
laws of this State. The term "any other type of remedial care"
shall include nursing care and nursing home service for persons
who rely on treatment by spiritual means alone through prayer
for healing.
Notwithstanding any other provision of this Section, a
comprehensive tobacco use cessation program that includes
purchasing prescription drugs or prescription medical devices
approved by the Food and Drug Administration shall be covered
under the medical assistance program under this Article for
persons who are otherwise eligible for assistance under this
Article.
Notwithstanding any other provision of this Code,
reproductive health care that is otherwise legal in Illinois
shall be covered under the medical assistance program for
persons who are otherwise eligible for medical assistance under
this Article.
Notwithstanding any other provision of this Code, the
Illinois Department may not require, as a condition of payment
for any laboratory test authorized under this Article, that a
physician's handwritten signature appear on the laboratory
test order form. The Illinois Department may, however, impose
other appropriate requirements regarding laboratory test order
documentation.
Upon receipt of federal approval of an amendment to the
Illinois Title XIX State Plan for this purpose, the Department
shall authorize the Chicago Public Schools (CPS) to procure a
vendor or vendors to manufacture eyeglasses for individuals
enrolled in a school within the CPS system. CPS shall ensure
that its vendor or vendors are enrolled as providers in the
medical assistance program and in any capitated Medicaid
managed care entity (MCE) serving individuals enrolled in a
school within the CPS system. Under any contract procured under
this provision, the vendor or vendors must serve only
individuals enrolled in a school within the CPS system. Claims
for services provided by CPS's vendor or vendors to recipients
of benefits in the medical assistance program under this Code,
the Children's Health Insurance Program, or the Covering ALL
KIDS Health Insurance Program shall be submitted to the
Department or the MCE in which the individual is enrolled for
payment and shall be reimbursed at the Department's or the
MCE's established rates or rate methodologies for eyeglasses.
On and after July 1, 2012, the Department of Healthcare and
Family Services may provide the following services to persons
eligible for assistance under this Article who are
participating in education, training or employment programs
operated by the Department of Human Services as successor to
the Department of Public Aid:
(1) dental services provided by or under the
supervision of a dentist; and
(2) eyeglasses prescribed by a physician skilled in the
diseases of the eye, or by an optometrist, whichever the
person may select.
Notwithstanding any other provision of this Code and
subject to federal approval, the Department may adopt rules to
allow a dentist who is volunteering his or her service at no
cost to render dental services through an enrolled
not-for-profit health clinic without the dentist personally
enrolling as a participating provider in the medical assistance
program. A not-for-profit health clinic shall include a public
health clinic or Federally Qualified Health Center or other
enrolled provider, as determined by the Department, through
which dental services covered under this Section are performed.
The Department shall establish a process for payment of claims
for reimbursement for covered dental services rendered under
this provision.
The Illinois Department, by rule, may distinguish and
classify the medical services to be provided only in accordance
with the classes of persons designated in Section 5-2.
The Department of Healthcare and Family Services must
provide coverage and reimbursement for amino acid-based
elemental formulas, regardless of delivery method, for the
diagnosis and treatment of (i) eosinophilic disorders and (ii)
short bowel syndrome when the prescribing physician has issued
a written order stating that the amino acid-based elemental
formula is medically necessary.
The Illinois Department shall authorize the provision of,
and shall authorize payment for, screening by low-dose
mammography for the presence of occult breast cancer for women
35 years of age or older who are eligible for medical
assistance under this Article, as follows:
(A) A baseline mammogram for women 35 to 39 years of
age.
(B) An annual mammogram for women 40 years of age or
older.
(C) A mammogram at the age and intervals considered
medically necessary by the woman's health care provider for
women under 40 years of age and having a family history of
breast cancer, prior personal history of breast cancer,
positive genetic testing, or other risk factors.
(D) A comprehensive ultrasound screening and MRI of an
entire breast or breasts if a mammogram demonstrates
heterogeneous or dense breast tissue, when medically
necessary as determined by a physician licensed to practice
medicine in all of its branches.
(E) A screening MRI when medically necessary, as
determined by a physician licensed to practice medicine in
all of its branches.
All screenings shall include a physical breast exam,
instruction on self-examination and information regarding the
frequency of self-examination and its value as a preventative
tool. For purposes of this Section, "low-dose mammography"
means the x-ray examination of the breast using equipment
dedicated specifically for mammography, including the x-ray
tube, filter, compression device, and image receptor, with an
average radiation exposure delivery of less than one rad per
breast for 2 views of an average size breast. The term also
includes digital mammography and includes breast
tomosynthesis. As used in this Section, the term "breast
tomosynthesis" means a radiologic procedure that involves the
acquisition of projection images over the stationary breast to
produce cross-sectional digital three-dimensional images of
the breast. If, at any time, the Secretary of the United States
Department of Health and Human Services, or its successor
agency, promulgates rules or regulations to be published in the
Federal Register or publishes a comment in the Federal Register
or issues an opinion, guidance, or other action that would
require the State, pursuant to any provision of the Patient
Protection and Affordable Care Act (Public Law 111-148),
including, but not limited to, 42 U.S.C. 18031(d)(3)(B) or any
successor provision, to defray the cost of any coverage for
breast tomosynthesis outlined in this paragraph, then the
requirement that an insurer cover breast tomosynthesis is
inoperative other than any such coverage authorized under
Section 1902 of the Social Security Act, 42 U.S.C. 1396a, and
the State shall not assume any obligation for the cost of
coverage for breast tomosynthesis set forth in this paragraph.
On and after January 1, 2016, the Department shall ensure
that all networks of care for adult clients of the Department
include access to at least one breast imaging Center of Imaging
Excellence as certified by the American College of Radiology.
On and after January 1, 2012, providers participating in a
quality improvement program approved by the Department shall be
reimbursed for screening and diagnostic mammography at the same
rate as the Medicare program's rates, including the increased
reimbursement for digital mammography.
The Department shall convene an expert panel including
representatives of hospitals, free-standing mammography
facilities, and doctors, including radiologists, to establish
quality standards for mammography.
On and after January 1, 2017, providers participating in a
breast cancer treatment quality improvement program approved
by the Department shall be reimbursed for breast cancer
treatment at a rate that is no lower than 95% of the Medicare
program's rates for the data elements included in the breast
cancer treatment quality program.
The Department shall convene an expert panel, including
representatives of hospitals, free standing breast cancer
treatment centers, breast cancer quality organizations, and
doctors, including breast surgeons, reconstructive breast
surgeons, oncologists, and primary care providers to establish
quality standards for breast cancer treatment.
Subject to federal approval, the Department shall
establish a rate methodology for mammography at federally
qualified health centers and other encounter-rate clinics.
These clinics or centers may also collaborate with other
hospital-based mammography facilities. By January 1, 2016, the
Department shall report to the General Assembly on the status
of the provision set forth in this paragraph.
The Department shall establish a methodology to remind
women who are age-appropriate for screening mammography, but
who have not received a mammogram within the previous 18
months, of the importance and benefit of screening mammography.
The Department shall work with experts in breast cancer
outreach and patient navigation to optimize these reminders and
shall establish a methodology for evaluating their
effectiveness and modifying the methodology based on the
evaluation.
The Department shall establish a performance goal for
primary care providers with respect to their female patients
over age 40 receiving an annual mammogram. This performance
goal shall be used to provide additional reimbursement in the
form of a quality performance bonus to primary care providers
who meet that goal.
The Department shall devise a means of case-managing or
patient navigation for beneficiaries diagnosed with breast
cancer. This program shall initially operate as a pilot program
in areas of the State with the highest incidence of mortality
related to breast cancer. At least one pilot program site shall
be in the metropolitan Chicago area and at least one site shall
be outside the metropolitan Chicago area. On or after July 1,
2016, the pilot program shall be expanded to include one site
in western Illinois, one site in southern Illinois, one site in
central Illinois, and 4 sites within metropolitan Chicago. An
evaluation of the pilot program shall be carried out measuring
health outcomes and cost of care for those served by the pilot
program compared to similarly situated patients who are not
served by the pilot program.
The Department shall require all networks of care to
develop a means either internally or by contract with experts
in navigation and community outreach to navigate cancer
patients to comprehensive care in a timely fashion. The
Department shall require all networks of care to include access
for patients diagnosed with cancer to at least one academic
commission on cancer-accredited cancer program as an
in-network covered benefit.
Any medical or health care provider shall immediately
recommend, to any pregnant woman who is being provided prenatal
services and is suspected of having a substance use disorder as
defined in the Substance Use Disorder Act drug abuse or is
addicted as defined in the Alcoholism and Other Drug Abuse and
Dependency Act, referral to a local substance use disorder
treatment program substance abuse treatment provider licensed
by the Department of Human Services or to a licensed hospital
which provides substance abuse treatment services. The
Department of Healthcare and Family Services shall assure
coverage for the cost of treatment of the drug abuse or
addiction for pregnant recipients in accordance with the
Illinois Medicaid Program in conjunction with the Department of
Human Services.
All medical providers providing medical assistance to
pregnant women under this Code shall receive information from
the Department on the availability of services under the Drug
Free Families with a Future or any comparable program providing
case management services for addicted women, including
information on appropriate referrals for other social services
that may be needed by addicted women in addition to treatment
for addiction.
The Illinois Department, in cooperation with the
Departments of Human Services (as successor to the Department
of Alcoholism and Substance Abuse) and Public Health, through a
public awareness campaign, may provide information concerning
treatment for alcoholism and drug abuse and addiction, prenatal
health care, and other pertinent programs directed at reducing
the number of drug-affected infants born to recipients of
medical assistance.
Neither the Department of Healthcare and Family Services
nor the Department of Human Services shall sanction the
recipient solely on the basis of her substance abuse.
The Illinois Department shall establish such regulations
governing the dispensing of health services under this Article
as it shall deem appropriate. The Department should seek the
advice of formal professional advisory committees appointed by
the Director of the Illinois Department for the purpose of
providing regular advice on policy and administrative matters,
information dissemination and educational activities for
medical and health care providers, and consistency in
procedures to the Illinois Department.
The Illinois Department may develop and contract with
Partnerships of medical providers to arrange medical services
for persons eligible under Section 5-2 of this Code.
Implementation of this Section may be by demonstration projects
in certain geographic areas. The Partnership shall be
represented by a sponsor organization. The Department, by rule,
shall develop qualifications for sponsors of Partnerships.
Nothing in this Section shall be construed to require that the
sponsor organization be a medical organization.
The sponsor must negotiate formal written contracts with
medical providers for physician services, inpatient and
outpatient hospital care, home health services, treatment for
alcoholism and substance abuse, and other services determined
necessary by the Illinois Department by rule for delivery by
Partnerships. Physician services must include prenatal and
obstetrical care. The Illinois Department shall reimburse
medical services delivered by Partnership providers to clients
in target areas according to provisions of this Article and the
Illinois Health Finance Reform Act, except that:
(1) Physicians participating in a Partnership and
providing certain services, which shall be determined by
the Illinois Department, to persons in areas covered by the
Partnership may receive an additional surcharge for such
services.
(2) The Department may elect to consider and negotiate
financial incentives to encourage the development of
Partnerships and the efficient delivery of medical care.
(3) Persons receiving medical services through
Partnerships may receive medical and case management
services above the level usually offered through the
medical assistance program.
Medical providers shall be required to meet certain
qualifications to participate in Partnerships to ensure the
delivery of high quality medical services. These
qualifications shall be determined by rule of the Illinois
Department and may be higher than qualifications for
participation in the medical assistance program. Partnership
sponsors may prescribe reasonable additional qualifications
for participation by medical providers, only with the prior
written approval of the Illinois Department.
Nothing in this Section shall limit the free choice of
practitioners, hospitals, and other providers of medical
services by clients. In order to ensure patient freedom of
choice, the Illinois Department shall immediately promulgate
all rules and take all other necessary actions so that provided
services may be accessed from therapeutically certified
optometrists to the full extent of the Illinois Optometric
Practice Act of 1987 without discriminating between service
providers.
The Department shall apply for a waiver from the United
States Health Care Financing Administration to allow for the
implementation of Partnerships under this Section.
The Illinois Department shall require health care
providers to maintain records that document the medical care
and services provided to recipients of Medical Assistance under
this Article. Such records must be retained for a period of not
less than 6 years from the date of service or as provided by
applicable State law, whichever period is longer, except that
if an audit is initiated within the required retention period
then the records must be retained until the audit is completed
and every exception is resolved. The Illinois Department shall
require health care providers to make available, when
authorized by the patient, in writing, the medical records in a
timely fashion to other health care providers who are treating
or serving persons eligible for Medical Assistance under this
Article. All dispensers of medical services shall be required
to maintain and retain business and professional records
sufficient to fully and accurately document the nature, scope,
details and receipt of the health care provided to persons
eligible for medical assistance under this Code, in accordance
with regulations promulgated by the Illinois Department. The
rules and regulations shall require that proof of the receipt
of prescription drugs, dentures, prosthetic devices and
eyeglasses by eligible persons under this Section accompany
each claim for reimbursement submitted by the dispenser of such
medical services. No such claims for reimbursement shall be
approved for payment by the Illinois Department without such
proof of receipt, unless the Illinois Department shall have put
into effect and shall be operating a system of post-payment
audit and review which shall, on a sampling basis, be deemed
adequate by the Illinois Department to assure that such drugs,
dentures, prosthetic devices and eyeglasses for which payment
is being made are actually being received by eligible
recipients. Within 90 days after September 16, 1984 (the
effective date of Public Act 83-1439), the Illinois Department
shall establish a current list of acquisition costs for all
prosthetic devices and any other items recognized as medical
equipment and supplies reimbursable under this Article and
shall update such list on a quarterly basis, except that the
acquisition costs of all prescription drugs shall be updated no
less frequently than every 30 days as required by Section
5-5.12.
Notwithstanding any other law to the contrary, the Illinois
Department shall, within 365 days after July 22, 2013 (the
effective date of Public Act 98-104), establish procedures to
permit skilled care facilities licensed under the Nursing Home
Care Act to submit monthly billing claims for reimbursement
purposes. Following development of these procedures, the
Department shall, by July 1, 2016, test the viability of the
new system and implement any necessary operational or
structural changes to its information technology platforms in
order to allow for the direct acceptance and payment of nursing
home claims.
Notwithstanding any other law to the contrary, the Illinois
Department shall, within 365 days after August 15, 2014 (the
effective date of Public Act 98-963), establish procedures to
permit ID/DD facilities licensed under the ID/DD Community Care
Act and MC/DD facilities licensed under the MC/DD Act to submit
monthly billing claims for reimbursement purposes. Following
development of these procedures, the Department shall have an
additional 365 days to test the viability of the new system and
to ensure that any necessary operational or structural changes
to its information technology platforms are implemented.
The Illinois Department shall require all dispensers of
medical services, other than an individual practitioner or
group of practitioners, desiring to participate in the Medical
Assistance program established under this Article to disclose
all financial, beneficial, ownership, equity, surety or other
interests in any and all firms, corporations, partnerships,
associations, business enterprises, joint ventures, agencies,
institutions or other legal entities providing any form of
health care services in this State under this Article.
The Illinois Department may require that all dispensers of
medical services desiring to participate in the medical
assistance program established under this Article disclose,
under such terms and conditions as the Illinois Department may
by rule establish, all inquiries from clients and attorneys
regarding medical bills paid by the Illinois Department, which
inquiries could indicate potential existence of claims or liens
for the Illinois Department.
Enrollment of a vendor shall be subject to a provisional
period and shall be conditional for one year. During the period
of conditional enrollment, the Department may terminate the
vendor's eligibility to participate in, or may disenroll the
vendor from, the medical assistance program without cause.
Unless otherwise specified, such termination of eligibility or
disenrollment is not subject to the Department's hearing
process. However, a disenrolled vendor may reapply without
penalty.
The Department has the discretion to limit the conditional
enrollment period for vendors based upon category of risk of
the vendor.
Prior to enrollment and during the conditional enrollment
period in the medical assistance program, all vendors shall be
subject to enhanced oversight, screening, and review based on
the risk of fraud, waste, and abuse that is posed by the
category of risk of the vendor. The Illinois Department shall
establish the procedures for oversight, screening, and review,
which may include, but need not be limited to: criminal and
financial background checks; fingerprinting; license,
certification, and authorization verifications; unscheduled or
unannounced site visits; database checks; prepayment audit
reviews; audits; payment caps; payment suspensions; and other
screening as required by federal or State law.
The Department shall define or specify the following: (i)
by provider notice, the "category of risk of the vendor" for
each type of vendor, which shall take into account the level of
screening applicable to a particular category of vendor under
federal law and regulations; (ii) by rule or provider notice,
the maximum length of the conditional enrollment period for
each category of risk of the vendor; and (iii) by rule, the
hearing rights, if any, afforded to a vendor in each category
of risk of the vendor that is terminated or disenrolled during
the conditional enrollment period.
To be eligible for payment consideration, a vendor's
payment claim or bill, either as an initial claim or as a
resubmitted claim following prior rejection, must be received
by the Illinois Department, or its fiscal intermediary, no
later than 180 days after the latest date on the claim on which
medical goods or services were provided, with the following
exceptions:
(1) In the case of a provider whose enrollment is in
process by the Illinois Department, the 180-day period
shall not begin until the date on the written notice from
the Illinois Department that the provider enrollment is
complete.
(2) In the case of errors attributable to the Illinois
Department or any of its claims processing intermediaries
which result in an inability to receive, process, or
adjudicate a claim, the 180-day period shall not begin
until the provider has been notified of the error.
(3) In the case of a provider for whom the Illinois
Department initiates the monthly billing process.
(4) In the case of a provider operated by a unit of
local government with a population exceeding 3,000,000
when local government funds finance federal participation
for claims payments.
For claims for services rendered during a period for which
a recipient received retroactive eligibility, claims must be
filed within 180 days after the Department determines the
applicant is eligible. For claims for which the Illinois
Department is not the primary payer, claims must be submitted
to the Illinois Department within 180 days after the final
adjudication by the primary payer.
In the case of long term care facilities, within 45
calendar days of receipt by the facility of required
prescreening information, new admissions with associated
admission documents shall be submitted through the Medical
Electronic Data Interchange (MEDI) or the Recipient
Eligibility Verification (REV) System or shall be submitted
directly to the Department of Human Services using required
admission forms. Effective September 1, 2014, admission
documents, including all prescreening information, must be
submitted through MEDI or REV. Confirmation numbers assigned to
an accepted transaction shall be retained by a facility to
verify timely submittal. Once an admission transaction has been
completed, all resubmitted claims following prior rejection
are subject to receipt no later than 180 days after the
admission transaction has been completed.
Claims that are not submitted and received in compliance
with the foregoing requirements shall not be eligible for
payment under the medical assistance program, and the State
shall have no liability for payment of those claims.
To the extent consistent with applicable information and
privacy, security, and disclosure laws, State and federal
agencies and departments shall provide the Illinois Department
access to confidential and other information and data necessary
to perform eligibility and payment verifications and other
Illinois Department functions. This includes, but is not
limited to: information pertaining to licensure;
certification; earnings; immigration status; citizenship; wage
reporting; unearned and earned income; pension income;
employment; supplemental security income; social security
numbers; National Provider Identifier (NPI) numbers; the
National Practitioner Data Bank (NPDB); program and agency
exclusions; taxpayer identification numbers; tax delinquency;
corporate information; and death records.
The Illinois Department shall enter into agreements with
State agencies and departments, and is authorized to enter into
agreements with federal agencies and departments, under which
such agencies and departments shall share data necessary for
medical assistance program integrity functions and oversight.
The Illinois Department shall develop, in cooperation with
other State departments and agencies, and in compliance with
applicable federal laws and regulations, appropriate and
effective methods to share such data. At a minimum, and to the
extent necessary to provide data sharing, the Illinois
Department shall enter into agreements with State agencies and
departments, and is authorized to enter into agreements with
federal agencies and departments, including but not limited to:
the Secretary of State; the Department of Revenue; the
Department of Public Health; the Department of Human Services;
and the Department of Financial and Professional Regulation.
Beginning in fiscal year 2013, the Illinois Department
shall set forth a request for information to identify the
benefits of a pre-payment, post-adjudication, and post-edit
claims system with the goals of streamlining claims processing
and provider reimbursement, reducing the number of pending or
rejected claims, and helping to ensure a more transparent
adjudication process through the utilization of: (i) provider
data verification and provider screening technology; and (ii)
clinical code editing; and (iii) pre-pay, pre- or
post-adjudicated predictive modeling with an integrated case
management system with link analysis. Such a request for
information shall not be considered as a request for proposal
or as an obligation on the part of the Illinois Department to
take any action or acquire any products or services.
The Illinois Department shall establish policies,
procedures, standards and criteria by rule for the acquisition,
repair and replacement of orthotic and prosthetic devices and
durable medical equipment. Such rules shall provide, but not be
limited to, the following services: (1) immediate repair or
replacement of such devices by recipients; and (2) rental,
lease, purchase or lease-purchase of durable medical equipment
in a cost-effective manner, taking into consideration the
recipient's medical prognosis, the extent of the recipient's
needs, and the requirements and costs for maintaining such
equipment. Subject to prior approval, such rules shall enable a
recipient to temporarily acquire and use alternative or
substitute devices or equipment pending repairs or
replacements of any device or equipment previously authorized
for such recipient by the Department. Notwithstanding any
provision of Section 5-5f to the contrary, the Department may,
by rule, exempt certain replacement wheelchair parts from prior
approval and, for wheelchairs, wheelchair parts, wheelchair
accessories, and related seating and positioning items,
determine the wholesale price by methods other than actual
acquisition costs.
The Department shall require, by rule, all providers of
durable medical equipment to be accredited by an accreditation
organization approved by the federal Centers for Medicare and
Medicaid Services and recognized by the Department in order to
bill the Department for providing durable medical equipment to
recipients. No later than 15 months after the effective date of
the rule adopted pursuant to this paragraph, all providers must
meet the accreditation requirement.
The Department shall execute, relative to the nursing home
prescreening project, written inter-agency agreements with the
Department of Human Services and the Department on Aging, to
effect the following: (i) intake procedures and common
eligibility criteria for those persons who are receiving
non-institutional services; and (ii) the establishment and
development of non-institutional services in areas of the State
where they are not currently available or are undeveloped; and
(iii) notwithstanding any other provision of law, subject to
federal approval, on and after July 1, 2012, an increase in the
determination of need (DON) scores from 29 to 37 for applicants
for institutional and home and community-based long term care;
if and only if federal approval is not granted, the Department
may, in conjunction with other affected agencies, implement
utilization controls or changes in benefit packages to
effectuate a similar savings amount for this population; and
(iv) no later than July 1, 2013, minimum level of care
eligibility criteria for institutional and home and
community-based long term care; and (v) no later than October
1, 2013, establish procedures to permit long term care
providers access to eligibility scores for individuals with an
admission date who are seeking or receiving services from the
long term care provider. In order to select the minimum level
of care eligibility criteria, the Governor shall establish a
workgroup that includes affected agency representatives and
stakeholders representing the institutional and home and
community-based long term care interests. This Section shall
not restrict the Department from implementing lower level of
care eligibility criteria for community-based services in
circumstances where federal approval has been granted.
The Illinois Department shall develop and operate, in
cooperation with other State Departments and agencies and in
compliance with applicable federal laws and regulations,
appropriate and effective systems of health care evaluation and
programs for monitoring of utilization of health care services
and facilities, as it affects persons eligible for medical
assistance under this Code.
The Illinois Department shall report annually to the
General Assembly, no later than the second Friday in April of
1979 and each year thereafter, in regard to:
(a) actual statistics and trends in utilization of
medical services by public aid recipients;
(b) actual statistics and trends in the provision of
the various medical services by medical vendors;
(c) current rate structures and proposed changes in
those rate structures for the various medical vendors; and
(d) efforts at utilization review and control by the
Illinois Department.
The period covered by each report shall be the 3 years
ending on the June 30 prior to the report. The report shall
include suggested legislation for consideration by the General
Assembly. The filing of one copy of the report with the
Speaker, one copy with the Minority Leader and one copy with
the Clerk of the House of Representatives, one copy with the
President, one copy with the Minority Leader and one copy with
the Secretary of the Senate, one copy with the Legislative
Research Unit, and such additional copies with the State
Government Report Distribution Center for the General Assembly
as is required under paragraph (t) of Section 7 of the State
Library Act shall be deemed sufficient to comply with this
Section.
Rulemaking authority to implement Public Act 95-1045, if
any, is conditioned on the rules being adopted in accordance
with all provisions of the Illinois Administrative Procedure
Act and all rules and procedures of the Joint Committee on
Administrative Rules; any purported rule not so adopted, for
whatever reason, is unauthorized.
On and after July 1, 2012, the Department shall reduce any
rate of reimbursement for services or other payments or alter
any methodologies authorized by this Code to reduce any rate of
reimbursement for services or other payments in accordance with
Section 5-5e.
Because kidney transplantation can be an appropriate, cost
effective alternative to renal dialysis when medically
necessary and notwithstanding the provisions of Section 1-11 of
this Code, beginning October 1, 2014, the Department shall
cover kidney transplantation for noncitizens with end-stage
renal disease who are not eligible for comprehensive medical
benefits, who meet the residency requirements of Section 5-3 of
this Code, and who would otherwise meet the financial
requirements of the appropriate class of eligible persons under
Section 5-2 of this Code. To qualify for coverage of kidney
transplantation, such person must be receiving emergency renal
dialysis services covered by the Department. Providers under
this Section shall be prior approved and certified by the
Department to perform kidney transplantation and the services
under this Section shall be limited to services associated with
kidney transplantation.
Notwithstanding any other provision of this Code to the
contrary, on or after July 1, 2015, all FDA approved forms of
medication assisted treatment prescribed for the treatment of
alcohol dependence or treatment of opioid dependence shall be
covered under both fee for service and managed care medical
assistance programs for persons who are otherwise eligible for
medical assistance under this Article and shall not be subject
to any (1) utilization control, other than those established
under the American Society of Addiction Medicine patient
placement criteria, (2) prior authorization mandate, or (3)
lifetime restriction limit mandate.
On or after July 1, 2015, opioid antagonists prescribed for
the treatment of an opioid overdose, including the medication
product, administration devices, and any pharmacy fees related
to the dispensing and administration of the opioid antagonist,
shall be covered under the medical assistance program for
persons who are otherwise eligible for medical assistance under
this Article. As used in this Section, "opioid antagonist"
means a drug that binds to opioid receptors and blocks or
inhibits the effect of opioids acting on those receptors,
including, but not limited to, naloxone hydrochloride or any
other similarly acting drug approved by the U.S. Food and Drug
Administration.
Upon federal approval, the Department shall provide
coverage and reimbursement for all drugs that are approved for
marketing by the federal Food and Drug Administration and that
are recommended by the federal Public Health Service or the
United States Centers for Disease Control and Prevention for
pre-exposure prophylaxis and related pre-exposure prophylaxis
services, including, but not limited to, HIV and sexually
transmitted infection screening, treatment for sexually
transmitted infections, medical monitoring, assorted labs, and
counseling to reduce the likelihood of HIV infection among
individuals who are not infected with HIV but who are at high
risk of HIV infection.
(Source: P.A. 99-78, eff. 7-20-15; 99-180, eff. 7-29-15;
99-236, eff. 8-3-15; 99-407 (see Section 20 of P.A. 99-588 for
the effective date of P.A. 99-407); 99-433, eff. 8-21-15;
99-480, eff. 9-9-15; 99-588, eff. 7-20-16; 99-642, eff.
7-28-16; 99-772, eff. 1-1-17; 99-895, eff. 1-1-17; 100-201,
eff. 8-18-17; 100-395, eff. 1-1-18; 100-449, eff. 1-1-18;
100-538, eff. 1-1-18; revised 10-26-17.)
(305 ILCS 5/6-1.3) (from Ch. 23, par. 6-1.3)
Sec. 6-1.3. Utilization of aid available under other
provisions of Code. The person must have been determined
ineligible for aid under the federally funded programs to aid
refugees and Articles III, IV or V. Nothing in this Section
shall prevent the use of General Assistance funds to pay any
portion of the costs of care and maintenance in a residential
substance use disorder drug abuse treatment program licensed by
the Department of Human Services, or in a County Nursing Home,
or in a private nursing home, retirement home or other facility
for the care of the elderly, of a person otherwise eligible to
receive General Assistance except for the provisions of this
paragraph.
A person otherwise eligible for aid under the federally
funded programs to aid refugees or Articles III, IV or V who
fails or refuses to comply with provisions of this Code or
other laws, or rules and regulations of the Illinois
Department, which would qualify him for aid under those
programs or Articles, shall not receive General Assistance
under this Article nor shall any of his dependents whose
eligibility is contingent upon such compliance receive General
Assistance.
Persons and families who are ineligible for aid under
Article IV due to having received benefits under Article IV for
any maximum time limits set under the Illinois Temporary
Assistance for to Needy Families (TANF) Plan shall not be
eligible for General Assistance under this Article unless the
Illinois Department or the local governmental unit, by rule,
specifies that those persons or families may be eligible.
(Source: P.A. 89-507, eff. 7-1-97; 90-17, eff. 7-1-97; revised
10-4-17.)
(305 ILCS 5/6-11) (from Ch. 23, par. 6-11)
Sec. 6-11. General Assistance.
(a) Effective July 1, 1992, all State funded General
Assistance and related medical benefits shall be governed by
this Section, provided that, notwithstanding any other
provisions of this Code to the contrary, on and after July 1,
2012, the State shall not fund the programs outlined in this
Section. Other parts of this Code or other laws related to
General Assistance shall remain in effect to the extent they do
not conflict with the provisions of this Section. If any other
part of this Code or other laws of this State conflict with the
provisions of this Section, the provisions of this Section
shall control.
(b) General Assistance may consist of 2 separate programs.
One program shall be for adults with no children and shall be
known as Transitional Assistance. The other program may be for
families with children and for pregnant women and shall be
known as Family and Children Assistance.
(c) (1) To be eligible for Transitional Assistance on or
after July 1, 1992, an individual must be ineligible for
assistance under any other Article of this Code, must be
determined chronically needy, and must be one of the following:
(A) age 18 or over or
(B) married and living with a spouse, regardless of
age.
(2) The local governmental unit shall determine whether
individuals are chronically needy as follows:
(A) Individuals who have applied for Supplemental
Security Income (SSI) and are awaiting a decision on
eligibility for SSI who are determined to be a person with
a disability by the Illinois Department using the SSI
standard shall be considered chronically needy, except
that individuals whose disability is based solely on
substance use disorders addictions (drug abuse and
alcoholism) and whose disability would cease were their
addictions to end shall be eligible only for medical
assistance and shall not be eligible for cash assistance
under the Transitional Assistance program.
(B) (Blank).
(C) The unit of local government may specify other
categories of individuals as chronically needy; nothing in
this Section, however, shall be deemed to require the
inclusion of any specific category other than as specified
in paragraph (A).
(3) For individuals in Transitional Assistance, medical
assistance may be provided by the unit of local government in
an amount and nature determined by the unit of local
government. Nothing in this paragraph (3) shall be construed to
require the coverage of any particular medical service. In
addition, the amount and nature of medical assistance provided
may be different for different categories of individuals
determined chronically needy.
(4) (Blank).
(5) (Blank).
(d) (1) To be eligible for Family and Children Assistance,
a family unit must be ineligible for assistance under any other
Article of this Code and must contain a child who is:
(A) under age 18 or
(B) age 18 and a full-time student in a secondary
school or the equivalent level of vocational or technical
training, and who may reasonably be expected to complete
the program before reaching age 19.
Those children shall be eligible for Family and Children
Assistance.
(2) The natural or adoptive parents of the child living in
the same household may be eligible for Family and Children
Assistance.
(3) A pregnant woman whose pregnancy has been verified
shall be eligible for income maintenance assistance under the
Family and Children Assistance program.
(4) The amount and nature of medical assistance provided
under the Family and Children Assistance program shall be
determined by the unit of local government. The amount and
nature of medical assistance provided need not be the same as
that provided under paragraph (3) of subsection (c) of this
Section, and nothing in this paragraph (4) shall be construed
to require the coverage of any particular medical service.
(5) (Blank).
(e) A local governmental unit that chooses to participate
in a General Assistance program under this Section shall
provide funding in accordance with Section 12-21.13 of this
Act. Local governmental funds used to qualify for State funding
may only be expended for clients eligible for assistance under
this Section 6-11 and related administrative expenses.
(f) (Blank).
(g) (Blank).
(Source: P.A. 99-143, eff. 7-27-15.)
(305 ILCS 5/9-9) (from Ch. 23, par. 9-9)
Sec. 9-9. The Illinois Department shall make information
available in its local offices informing clients about programs
concerning substance use disorder alcoholism and substance
abuse treatment and prevention programs.
(Source: P.A. 89-507, eff. 7-1-97.)
(305 ILCS 5/9A-8) (from Ch. 23, par. 9A-8)
Sec. 9A-8. Operation of Program.
(a) At the time of application or redetermination of
eligibility under Article IV, as determined by rule, the
Illinois Department shall provide information in writing and
orally regarding the education, training and employment
program to all applicants and recipients. The information
required shall be established by rule and shall include, but
need not be limited to:
(1) education (including literacy training),
employment and training opportunities available, the
criteria for approval of those opportunities, and the right
to request changes in the personal responsibility and
services plan to include those opportunities;
(1.1) a complete list of all activities that are
approvable activities, and the circumstances under which
they are approvable, including work activities, substance
use disorder substance abuse or mental health treatment,
activities to escape and prevent domestic violence, caring
for a medically impaired family member, and any other
approvable activities, together with the right to and
procedures for amending the responsibility and services
plan to include these activities;
(1.2) the rules concerning the lifetime limit on
eligibility, including the current status of the applicant
or recipient in terms of the months of remaining
eligibility, the criteria under which a month will not
count towards the lifetime limit, and the criteria under
which a recipient may receive benefits beyond the end of
the lifetime limit;
(2) supportive services including child care and the
rules regarding eligibility for and access to the child
care assistance program, transportation, initial expenses
of employment, job retention, books and fees, and any other
supportive services;
(3) the obligation of the Department to provide
supportive services;
(4) the rights and responsibilities of participants,
including exemption, sanction, reconciliation, and good
cause criteria and procedures, termination for
non-cooperation and reinstatement rules and procedures,
and appeal and grievance procedures; and
(5) the types and locations of child care services.
(b) The Illinois Department shall notify the recipient in
writing of the opportunity to volunteer to participate in the
program.
(c) (Blank).
(d) As part of the personal plan for achieving employment
and self-sufficiency, the Department shall conduct an
individualized assessment of the participant's employability.
No participant may be assigned to any component of the
education, training and employment activity prior to such
assessment. The plan shall include collection of information on
the individual's background, proficiencies, skills
deficiencies, education level, work history, employment goals,
interests, aptitudes, and employment preferences, as well as
factors affecting employability or ability to meet
participation requirements (e.g., health, physical or mental
limitations, child care, family circumstances, domestic
violence, sexual violence, substance use disorders substance
abuse, and special needs of any child of the individual). As
part of the plan, individuals and Department staff shall work
together to identify any supportive service needs required to
enable the client to participate and meet the objectives of his
or her employability plan. The assessment may be conducted
through various methods such as interviews, testing,
counseling, and self-assessment instruments. In the assessment
process, the Department shall offer to include standard
literacy testing and a determination of English language
proficiency and shall provide it for those who accept the
offer. Based on the assessment, the individual will be assigned
to the appropriate activity. The decision will be based on a
determination of the individual's level of preparation for
employment as defined by rule.
(e) Recipients determined to be exempt may volunteer to
participate pursuant to Section 9A-4 and must be assessed.
(f) As part of the personal plan for achieving employment
and self-sufficiency under Section 4-1, an employability plan
for recipients shall be developed in consultation with the
participant. The Department shall have final responsibility
for approving the employability plan. The employability plan
shall:
(1) contain an employment goal of the participant;
(2) describe the services to be provided by the
Department, including child care and other support
services;
(3) describe the activities, such as component
assignment, that will be undertaken by the participant to
achieve the employment goal. The Department shall treat
participation in high school and high school equivalency
programs as a core activity and count participation in high
school and high school equivalency programs toward the
first 20 hours per week of participation. The Department
shall approve participation in high school or high school
equivalency programs upon written or oral request of the
participant if he or she has not already earned a high
school diploma or a high school equivalency certificate.
However, participation in high school or high school
equivalency programs may be delayed as part of an
applicant's or recipient's personal plan for achieving
employment and self-sufficiency if it is determined that
the benefit from participating in another activity, such
as, but not limited to, treatment for a substance use
disorder substance abuse or an English proficiency
program, would be greater to the applicant or recipient
than participation in high school or a high school
equivalency program. The availability of high school and
high school equivalency programs may also delay enrollment
in those programs. The Department shall treat such
activities as a core activity as long as satisfactory
progress is made, as determined by the high school or high
school equivalency program. Proof of satisfactory progress
shall be provided by the participant or the school at the
end of each academic term; and
(4) describe any other needs of the family that might
be met by the Department.
(g) The employability plan shall take into account:
(1) available program resources;
(2) the participant's support service needs;
(3) the participant's skills level and aptitudes;
(4) local employment opportunities; and
(5) the preferences of the participant.
(h) A reassessment shall be conducted to assess a
participant's progress and to review the employability plan on
the following occasions:
(1) upon completion of an activity and before
assignment to an activity;
(2) upon the request of the participant;
(3) if the individual is not cooperating with the
requirements of the program; and
(4) if the individual has failed to make satisfactory
progress in an education or training program.
Based on the reassessment, the Department may revise the
employability plan of the participant.
(Source: P.A. 99-746, eff. 1-1-17.)
Section 80. The Abused and Neglected Child Reporting Act is
amended by changing Sections 7.3b and 8.2 as follows:
(325 ILCS 5/7.3b) (from Ch. 23, par. 2057.3b)
Sec. 7.3b. All persons required to report under Section 4
may refer to the Department of Human Services any pregnant
person in this State who has a substance use disorder as
defined in the Substance Use Disorder Act. is addicted as
defined in the Alcoholism and Other Drug Abuse and Dependency
Act. The Department of Human Services shall notify the local
Infant Mortality Reduction Network service provider or
Department funded prenatal care provider in the area in which
the person resides. The service provider shall prepare a case
management plan and assist the pregnant woman in obtaining
counseling and treatment from a local substance use disorder
treatment program substance abuse service provider licensed by
the Department of Human Services or a licensed hospital which
provides substance abuse treatment services. The local Infant
Mortality Reduction Network service provider and Department
funded prenatal care provider shall monitor the pregnant woman
through the service program. The Department of Human Services
shall have the authority to promulgate rules and regulations to
implement this Section.
(Source: P.A. 88-670, eff. 12-2-94; 89-507 (Sections 9C-25 and
9M-5), eff. 7-1-97.)
(325 ILCS 5/8.2) (from Ch. 23, par. 2058.2)
Sec. 8.2. If the Child Protective Service Unit determines,
following an investigation made pursuant to Section 7.4 of this
Act, that there is credible evidence that the child is abused
or neglected, the Department shall assess the family's need for
services, and, as necessary, develop, with the family, an
appropriate service plan for the family's voluntary acceptance
or refusal. In any case where there is evidence that the
perpetrator of the abuse or neglect has a substance use
disorder as defined in the Substance Use Disorder Act, is an
addict or alcoholic as defined in the Alcoholism and Other Drug
Abuse and Dependency Act, the Department, when making referrals
for drug or alcohol abuse services, shall make such referrals
to facilities licensed by the Department of Human Services or
the Department of Public Health. The Department shall comply
with Section 8.1 by explaining its lack of legal authority to
compel the acceptance of services and may explain its
concomitant authority to petition the Circuit court under the
Juvenile Court Act of 1987 or refer the case to the local law
enforcement authority or State's attorney for criminal
prosecution.
For purposes of this Act, the term "family preservation
services" refers to all services to help families, including
adoptive and extended families. Family preservation services
shall be offered, where safe and appropriate, to prevent the
placement of children in substitute care when the children can
be cared for at home or in the custody of the person
responsible for the children's welfare without endangering the
children's health or safety, to reunite them with their
families if so placed when reunification is an appropriate
goal, or to maintain an adoptive placement. The term
"homemaker" includes emergency caretakers, homemakers,
caretakers, housekeepers and chore services. The term
"counseling" includes individual therapy, infant stimulation
therapy, family therapy, group therapy, self-help groups, drug
and alcohol abuse counseling, vocational counseling and
post-adoptive services. The term "day care" includes
protective day care and day care to meet educational,
prevocational or vocational needs. The term "emergency
assistance and advocacy" includes coordinated services to
secure emergency cash, food, housing and medical assistance or
advocacy for other subsistence and family protective needs.
Before July 1, 2000, appropriate family preservation
services shall, subject to appropriation, be included in the
service plan if the Department has determined that those
services will ensure the child's health and safety, are in the
child's best interests, and will not place the child in
imminent risk of harm. Beginning July 1, 2000, appropriate
family preservation services shall be uniformly available
throughout the State. The Department shall promptly notify
children and families of the Department's responsibility to
offer and provide family preservation services as identified in
the service plan. Such plans may include but are not limited
to: case management services; homemakers; counseling; parent
education; day care; emergency assistance and advocacy
assessments; respite care; in-home health care; transportation
to obtain any of the above services; and medical assistance.
Nothing in this paragraph shall be construed to create a
private right of action or claim on the part of any individual
or child welfare agency, except that when a child is the
subject of an action under Article II of the Juvenile Court Act
of 1987 and the child's service plan calls for services to
facilitate achievement of the permanency goal, the court
hearing the action under Article II of the Juvenile Court Act
of 1987 may order the Department to provide the services set
out in the plan, if those services are not provided with
reasonable promptness and if those services are available.
Each Department field office shall maintain on a local
basis directories of services available to children and
families in the local area where the Department office is
located.
The Department shall refer children and families served
pursuant to this Section to private agencies and governmental
agencies, where available.
Where there are 2 equal proposals from both a
not-for-profit and a for-profit agency to provide services, the
Department shall give preference to the proposal from the
not-for-profit agency.
No service plan shall compel any child or parent to engage
in any activity or refrain from any activity which is not
reasonably related to remedying a condition or conditions that
gave rise or which could give rise to any finding of child
abuse or neglect.
(Source: P.A. 96-600, eff. 8-21-09; 97-859, eff. 7-27-12.)
Section 81. The Mental Health and Developmental
Disabilities Code is amended by changing Section 1-129 as
follows:
(405 ILCS 5/1-129)
Sec. 1-129. Mental illness. "Mental illness" means a
mental, or emotional disorder that substantially impairs a
person's thought, perception of reality, emotional process,
judgment, behavior, or ability to cope with the ordinary
demands of life, but does not include a developmental
disability, dementia or Alzheimer's disease absent psychosis,
a substance use abuse disorder, or an abnormality manifested
only by repeated criminal or otherwise antisocial conduct.
(Source: P.A. 93-573, eff. 8-21-03.)
Section 83. The Community Services Act is amended by
changing Sections 2, 3, and 4 as follows:
(405 ILCS 30/2) (from Ch. 91 1/2, par. 902)
Sec. 2. Community Services System. Services should be
planned, developed, delivered and evaluated as part of a
comprehensive and coordinated system. The Department of Human
Services shall encourage the establishment of services in each
area of the State which cover the services categories described
below. What specific services are provided under each service
category shall be based on local needs; special attention shall
be given to unserved and underserved populations, including
children and youth, racial and ethnic minorities, and the
elderly. The service categories shall include:
(a) Prevention: services designed primarily to reduce
the incidence and ameliorate the severity of developmental
disabilities, mental illness, and substance use disorders
as defined in the Substance Use Disorder Act; and alcohol
and drug dependence;
(b) Client Assessment and Diagnosis: services designed
to identify persons with developmental disabilities,
mental illness, and substance use disorders; and alcohol
and drug dependency; to determine the extent of the
disability and the level of functioning; to ensure that the
individual's need for treatment of mental disorders or
substance use disorders or co-occurring substance use and
mental health disorders is determined using a uniform
screening, assessment, and evaluation process inclusive of
criteria; for purposes of this subsection (b), a uniform
screening, assessment, and evaluation process refers to a
process that includes an appropriate evaluation and, as
warranted, a referral; "uniform" does not mean the use of a
singular instrument, tool, or process that all must
utilize; information obtained through client evaluation
can be used in individual treatment and habilitation plans;
to assure appropriate placement and to assist in program
evaluation;
(c) Case Coordination: services to provide information
and assistance to persons with disabilities to ensure that
they obtain needed services provided by the private and
public sectors; case coordination services should be
available to individuals whose functioning level or
history of institutional recidivism or long-term care
indicate that such assistance is required for successful
community living;
(d) Crisis and Emergency: services to assist
individuals and their families through crisis periods, to
stabilize individuals under stress and to prevent
unnecessary institutionalization;
(e) Treatment, Habilitation and Support: services
designed to help individuals develop skills which promote
independence and improved levels of social and vocational
functioning and personal growth; and to provide
non-treatment support services which are necessary for
successful community living;
(f) Community Residential Alternatives to
Institutional Settings: services to provide living
arrangements for persons unable to live independently; the
level of supervision, services provided and length of stay
at community residential alternatives will vary by the type
of program and the needs and functioning level of the
residents; other services may be provided in a community
residential alternative which promote the acquisition of
independent living skills and integration with the
community.
(Source: P.A. 99-143, eff. 7-27-15.)
(405 ILCS 30/3) (from Ch. 91 1/2, par. 903)
Sec. 3. Responsibilities for Community Services. Pursuant
to this Act, the Department of Human Services shall facilitate
the establishment of a comprehensive and coordinated array of
community services based upon a federal, State and local
partnership. In order to assist in implementation of this Act,
the Department shall prescribe and publish rules and
regulations. The Department may request the assistance of other
State agencies, local government entities, direct services
providers, trade associations, and others in the development of
these regulations or other policies related to community
services.
The Department shall assume the following roles and
responsibilities for community services:
(a) Service Priorities. Within the service categories
described in Section 2 of this Act, establish and publish
priorities for community services to be rendered, and priority
populations to receive these services.
(b) Planning. By January 1, 1994 and by January 1 of each
third year thereafter, prepare and publish a Plan which
describes goals and objectives for community services
state-wide and for regions and subregions needs assessment,
steps and time-tables for implementation of the goals also
shall be included; programmatic goals and objectives for
community services shall cover the service categories defined
in Section 2 of this Act; the Department shall insure local
participation in the planning process.
(c) Public Information and Education. Develop programs
aimed at improving the relationship between communities and
their residents with disabilities; prepare and disseminate
public information and educational materials on the prevention
of developmental disabilities, mental illness, and substance
use disorders alcohol or drug dependence, and on available
treatment and habilitation services for persons with these
disabilities.
(d) Quality Assurance. Promulgate minimum program
standards, rules and regulations to insure that Department
funded services maintain acceptable quality and assure
enforcement of these standards through regular monitoring of
services and through program evaluation; this applies except
where this responsibility is explicitly given by law to another
State agency.
(d-5) Accreditation requirements for providers of mental
health and substance abuse treatment services. Except when the
federal or State statutes authorizing a program, or the federal
regulations implementing a program, are to the contrary,
accreditation shall be accepted by the Department in lieu of
the Department's facility or program certification or
licensure onsite review requirements and shall be accepted as a
substitute for the Department's administrative and program
monitoring requirements, except as required by subsection
(d-10), in the case of:
(1) Any organization from which the Department
purchases mental health or substance abuse services and
that is accredited under any of the following: the
Comprehensive Accreditation Manual for Behavioral Health
Care (Joint Commission on Accreditation of Healthcare
Organizations (JCAHO)); the Comprehensive Accreditation
Manual for Hospitals (JCAHO); the Standards Manual for the
Council on Accreditation for Children and Family Services
(Council on Accreditation for Children and Family Services
(COA)); or the Standards Manual for Organizations Serving
People with Disabilities (the Rehabilitation Accreditation
Commission (CARF)).
(2) Any mental health facility or program licensed or
certified by the Department, or any substance abuse service
licensed by the Department, that is accredited under any of
the following: the Comprehensive Accreditation Manual for
Behavioral Health Care (JCAHO); the Comprehensive
Accreditation Manual for Hospitals (JCAHO); the Standards
Manual for the Council on Accreditation for Children and
Family Services (COA); or the Standards Manual for
Organizations Serving People with Disabilities (CARF).
(3) Any network of providers from which the Department
purchases mental health or substance abuse services and
that is accredited under any of the following: the
Comprehensive Accreditation Manual for Behavioral Health
Care (JCAHO); the Comprehensive Accreditation Manual for
Hospitals (JCAHO); the Standards Manual for the Council on
Accreditation for Children and Family Services (COA); the
Standards Manual for Organizations Serving People with
Disabilities (CARF); or the National Committee for Quality
Assurance. A provider organization that is part of an
accredited network shall be afforded the same rights under
this subsection.
(d-10) For mental health and substance abuse services, the
Department may develop standards or promulgate rules that
establish additional standards for monitoring and licensing
accredited programs, services, and facilities that the
Department has determined are not covered by the accreditation
standards and processes. These additional standards for
monitoring and licensing accredited programs, services, and
facilities and the associated monitoring must not duplicate the
standards and processes already covered by the accrediting
bodies.
(d-15) The Department shall be given proof of compliance
with fire and health safety standards, which must be submitted
as required by rule.
(d-20) The Department, by accepting the survey or
inspection of an accrediting organization, does not forfeit its
rights to perform inspections at any time, including contract
monitoring to ensure that services are provided in accordance
with the contract. The Department reserves the right to monitor
a provider of mental health and substance abuse treatment
services when the survey or inspection of an accrediting
organization has established any deficiency in the
accreditation standards and processes.
(d-25) On and after the effective date of this amendatory
Act of the 92nd General Assembly, the accreditation
requirements of this Section apply to contracted organizations
that are already accredited.
(e) Program Evaluation. Develop a system for conducting
evaluation of the effectiveness of community services,
according to preestablished performance standards; evaluate
the extent to which performance according to established
standards aids in achieving the goals of this Act; evaluation
data also shall be used for quality assurance purposes as well
as for planning activities.
(f) Research. Conduct research in order to increase
understanding of mental illness, developmental disabilities,
and substance use disorders and alcohol and drug dependence.
(g) Technical Assistance. Provide technical assistance to
provider agencies receiving funds or serving clients in order
to assist these agencies in providing appropriate, quality
services; also provide assistance and guidance to other State
agencies and local governmental bodies serving persons with
disabilities in order to strengthen their efforts to provide
appropriate community services; and assist provider agencies
in accessing other available funding, including federal,
State, local, third-party and private resources.
(h) Placement Process. Promote the appropriate placement
of clients in community services through the development and
implementation of client assessment and diagnostic instruments
to assist in identifying the individual's service needs; client
assessment instruments also can be utilized for purposes of
program evaluation; whenever possible, assure that placements
in State-operated facilities are referrals from community
agencies.
(i) Interagency Coordination. Assume leadership in
promoting cooperation among State health and human service
agencies to insure that a comprehensive, coordinated community
services system is in place; to insure persons with a
disability access to needed services; and to insure continuity
of care and allow clients to move among service settings as
their needs change; also work with other agencies to establish
effective prevention programs.
(j) Financial Assistance. Provide financial assistance to
local provider agencies through purchase-of-care contracts and
grants, pursuant to Section 4 of this Act.
(Source: P.A. 99-143, eff. 7-27-15.)
(405 ILCS 30/4) (from Ch. 91 1/2, par. 904)
Sec. 4. Financing for Community Services.
(a) The Department of Human Services is authorized to
provide financial reimbursement to eligible private service
providers, corporations, local government entities or
voluntary associations for the provision of services to persons
with mental illness, persons with a developmental disability,
and persons with substance use disorders who are and alcohol
and drug dependent persons living in the community for the
purpose of achieving the goals of this Act.
The Department shall utilize the following funding
mechanisms for community services:
(1) Purchase of Care Contracts: services purchased on a
predetermined fee per unit of service basis from private
providers or governmental entities. Fee per service rates
are set by an established formula which covers some portion
of personnel, supplies, and other allowable costs, and
which makes some allowance for geographic variations in
costs as well as for additional program components.
(2) Grants: sums of money which the Department grants
to private providers or governmental entities pursuant to
the grant recipient's agreement to provide certain
services, as defined by departmental grant guidelines, to
an approximate number of service recipients. Grant levels
are set through consideration of personnel, supply and
other allowable costs, as well as other funds available to
the program.
(3) Other Funding Arrangements: funding mechanisms may
be established on a pilot basis in order to examine the
feasibility of alternative financing arrangements for the
provision of community services.
The Department shall establish and maintain an equitable
system of payment which allows providers to improve persons
with disabilities' capabilities for independence and reduces
their reliance on State-operated services.
For services classified as entitlement services under
federal law or guidelines, caps may not be placed on the total
amount of payment a provider may receive in a fiscal year and
the Department shall not require that a portion of the payments
due be made in a subsequent fiscal year based on a yearly
payment cap.
(b) The Governor shall create a commission by September 1,
2009, or as soon thereafter as possible, to review funding
methodologies, identify gaps in funding, identify revenue, and
prioritize use of that revenue for community developmental
disability services, mental health services, alcohol and
substance abuse services, rehabilitation services, and early
intervention services. The Office of the Governor shall provide
staff support for the commission.
(c) The first meeting of the commission shall be held
within the first month after the creation and appointment of
the commission, and a final report summarizing the commission's
recommendations must be issued within 12 months after the first
meeting, and no later than September 1, 2010, to the Governor
and the General Assembly.
(d) The commission shall have the following 13 voting
members:
(A) one member of the House of Representatives,
appointed by the Speaker of the House of Representatives;
(B) one member of the House of Representatives,
appointed by the House Minority Leader;
(C) one member of the Senate, appointed by the
President of the Senate;
(D) one member of the Senate, appointed by the Senate
Minority Leader;
(E) one person with a developmental disability, or a
family member or guardian of such a person, appointed by
the Governor;
(F) one person with a mental illness, or a family
member or guardian of such a person, appointed by the
Governor;
(G) two persons from unions that represent employees of
community providers that serve people with developmental
disabilities, mental illness, and alcohol and substance
abuse disorders, appointed by the Governor; and
(H) five persons from statewide associations that
represent community providers that provide residential,
day training, and other developmental disability services,
mental health services, alcohol and substance abuse
services, rehabilitation services, or early intervention
services, or any combination of those, appointed by the
Governor.
The commission shall also have the following ex-officio,
nonvoting members:
(I) the Director of the Governor's Office of Management
and Budget or his or her designee;
(J) the Chief Financial Officer of the Department of
Human Services or his or her designee;
(K) the Administrator of the Department of Healthcare
and Family Services Division of Finance or his or her
designee;
(L) the Director of the Department of Human Services
Division of Developmental Disabilities or his or her
designee;
(M) the Director of the Department of Human Services
Division of Mental Health or his or her designee; and
(N) the Director of the Department of Human Services
Division of Alcoholism and Substance Abuse or his or her
designee.
(e) The funding methodologies must reflect economic
factors inherent in providing services and supports, recognize
individual disability needs, and consider geographic
differences, transportation costs, required staffing ratios,
and mandates not currently funded.
(f) In accepting Department funds, providers shall
recognize their responsibility to be accountable to the
Department and the State for the delivery of services which are
consistent with the philosophies and goals of this Act and the
rules and regulations promulgated under it.
(Source: P.A. 96-652, eff. 8-24-09; 96-1472, eff. 8-23-10;
97-813, eff. 7-13-12.)
Section 84. The Illinois Mental Health First Aid Training
Act is amended by changing Sections 5, 15, 25, and 35 as
follows:
(405 ILCS 105/5)
Sec. 5. Purpose. Through the use of innovative strategies,
Mental Health First Aid training shall be implemented
throughout the State. Mental Health First Aid training is
designed to train individuals to assist someone who is
developing a mental health disorder or a substance use an
alcohol or substance abuse disorder, or who is experiencing a
mental health or substance use disorder abuse crisis and it can
be reasonably assumed that a mental health disorder or a
substance use an alcohol or substance abuse disorder is a
contributing or precipitating factor.
(Source: P.A. 98-195, eff. 8-7-13.)
(405 ILCS 105/15)
Sec. 15. Illinois Mental Health First Aid training program.
The Department of Human Services shall administer the Illinois
Mental Health First Aid training program so that certified
trainers can provide Illinois residents, professionals, and
members of the public with training on how to identify and
assist someone who is believed to be developing or has
developed a mental health disorder or a substance use an
alcohol or substance abuse disorder or who is believed to be
experiencing a mental health or substance use disorder abuse
crisis.
(Source: P.A. 98-195, eff. 8-7-13.)
(405 ILCS 105/25)
Sec. 25. Objectives of the training program. The Illinois
Mental Health First Aid training program shall be designed to
train individuals to accomplish the following objectives as
deemed appropriate for the individuals to be trained, taking
into consideration the individual's age:
(1) Build mental health, alcohol abuse, and substance
use disorder abuse literacy designed to help the public
identify, understand, and respond to the signs of mental
illness , alcohol abuse, and substance use disorders abuse.
(2) Assist someone who is believed to be developing or
has developed a mental health disorder or a substance use
an alcohol or substance abuse disorder or who is believed
to be experiencing a mental health disorder or a substance
use disorder an alcohol or substance abuse crisis. Such
assistance shall include the following:
(A) Knowing how to recognize the symptoms of a
mental health disorder or a substance use an alcohol or
substance abuse disorder.
(B) Knowing how to provide initial help.
(C) Knowing how to guide individuals requiring
assistance toward appropriate professional help,
including help for individuals who may be in crisis.
(D) Knowing how to provide comfort to the person
experiencing a mental health disorder or a substance
use an alcohol or substance abuse disorder.
(E) Knowing how to prevent a mental health disorder
or a substance use an alcohol or substance abuse
disorder from deteriorating into a more serious
condition which may lead to more costly interventions
and treatments.
(F) Knowing how to promote healing, recovery, and
good mental health.
(Source: P.A. 98-195, eff. 8-7-13.)
(405 ILCS 105/35)
Sec. 35. Evaluation. The Department of Human Services, as
the Illinois Mental Health First Aid training authority, shall
ensure that evaluative criteria are established which measure
the distribution of the training grants and the fidelity of the
training processes to the objective of building mental health,
alcohol abuse, and substance use disorder abuse literacy
designed to help the public identify, understand, and respond
to the signs of mental illness, alcohol abuse, and substance
use disorders abuse.
(Source: P.A. 98-195, eff. 8-7-13.)
Section 85. The Consent by Minors to Medical Procedures Act
is amended by changing Section 4 as follows:
(410 ILCS 210/4) (from Ch. 111, par. 4504)
Sec. 4. Sexually transmitted disease; drug or alcohol
abuse. Notwithstanding any other provision of law, a minor 12
years of age or older who may have come into contact with any
sexually transmitted disease, or may be determined to be an
intoxicated person or a person with a substance use disorder,
as defined in the Substance Use Disorder Act, an addict, an
alcoholic or an intoxicated person, as defined in the
Alcoholism and Other Drug Abuse and Dependency Act, or who may
have a family member who abuses drugs or alcohol, may give
consent to the furnishing of health care services or counseling
related to the diagnosis or treatment of the disease. Each
incident of sexually transmitted disease shall be reported to
the State Department of Public Health or the local board of
health in accordance with regulations adopted under statute or
ordinance. The consent of the parent, parents, or legal
guardian of a minor shall not be necessary to authorize health
care services or counseling related to the diagnosis or
treatment of sexually transmitted disease or drug use or
alcohol consumption by the minor or the effects on the minor of
drug or alcohol abuse by a member of the minor's family. The
consent of the minor shall be valid and binding as if the minor
had achieved his or her majority. The consent shall not be
voidable nor subject to later disaffirmance because of
minority.
Anyone involved in the furnishing of health services care
to the minor or counseling related to the diagnosis or
treatment of the minor's disease or drug or alcohol use by the
minor or a member of the minor's family shall, upon the minor's
consent, make reasonable efforts, to involve the family of the
minor in his or her treatment, if the person furnishing
treatment believes that the involvement of the family will not
be detrimental to the progress and care of the minor.
Reasonable effort shall be extended to assist the minor in
accepting the involvement of his or her family in the care and
treatment being given.
(Source: P.A. 100-378, eff. 1-1-18.)
Section 90. The Juvenile Court Act of 1987 is amended by
changing Sections 4-3, 5-615, and 5-710 as follows:
(705 ILCS 405/4-3) (from Ch. 37, par. 804-3)
Sec. 4-3. Addicted minor. Those who are addicted include
any minor who has a substance use disorder as defined in the
Substance Use Disorder Act. is an addict or an alcoholic as
defined in the Alcoholism and Other Drug Abuse and Dependency
Act.
(Source: P.A. 88-670, eff. 12-2-94.)
(705 ILCS 405/5-615)
Sec. 5-615. Continuance under supervision.
(1) The court may enter an order of continuance under
supervision for an offense other than first degree murder, a
Class X felony or a forcible felony:
(a) upon an admission or stipulation by the appropriate
respondent or minor respondent of the facts supporting the
petition and before the court makes a finding of
delinquency, and in the absence of objection made in open
court by the minor, his or her parent, guardian, or legal
custodian, the minor's attorney or the State's Attorney; or
(b) upon a finding of delinquency and after considering
the circumstances of the offense and the history,
character, and condition of the minor, if the court is of
the opinion that:
(i) the minor is not likely to commit further
crimes;
(ii) the minor and the public would be best served
if the minor were not to receive a criminal record; and
(iii) in the best interests of justice an order of
continuance under supervision is more appropriate than
a sentence otherwise permitted under this Act.
(2) (Blank).
(3) Nothing in this Section limits the power of the court
to order a continuance of the hearing for the production of
additional evidence or for any other proper reason.
(4) When a hearing where a minor is alleged to be a
delinquent is continued pursuant to this Section, the period of
continuance under supervision may not exceed 24 months. The
court may terminate a continuance under supervision at any time
if warranted by the conduct of the minor and the ends of
justice or vacate the finding of delinquency or both.
(5) When a hearing where a minor is alleged to be
delinquent is continued pursuant to this Section, the court
may, as conditions of the continuance under supervision,
require the minor to do any of the following:
(a) not violate any criminal statute of any
jurisdiction;
(b) make a report to and appear in person before any
person or agency as directed by the court;
(c) work or pursue a course of study or vocational
training;
(d) undergo medical or psychotherapeutic treatment
rendered by a therapist licensed under the provisions of
the Medical Practice Act of 1987, the Clinical Psychologist
Licensing Act, or the Clinical Social Work and Social Work
Practice Act, or an entity licensed by the Department of
Human Services as a successor to the Department of
Alcoholism and Substance Abuse, for the provision of
substance use disorder services as defined in Section 1-10
of the Substance Use Disorder Act drug addiction and
alcoholism treatment;
(e) attend or reside in a facility established for the
instruction or residence of persons on probation;
(f) support his or her dependents, if any;
(g) pay costs;
(h) refrain from possessing a firearm or other
dangerous weapon, or an automobile;
(i) permit the probation officer to visit him or her at
his or her home or elsewhere;
(j) reside with his or her parents or in a foster home;
(k) attend school;
(k-5) with the consent of the superintendent of the
facility, attend an educational program at a facility other
than the school in which the offense was committed if he or
she committed a crime of violence as defined in Section 2
of the Crime Victims Compensation Act in a school, on the
real property comprising a school, or within 1,000 feet of
the real property comprising a school;
(l) attend a non-residential program for youth;
(m) contribute to his or her own support at home or in
a foster home;
(n) perform some reasonable public or community
service;
(o) make restitution to the victim, in the same manner
and under the same conditions as provided in subsection (4)
of Section 5-710, except that the "sentencing hearing"
referred to in that Section shall be the adjudicatory
hearing for purposes of this Section;
(p) comply with curfew requirements as designated by
the court;
(q) refrain from entering into a designated geographic
area except upon terms as the court finds appropriate. The
terms may include consideration of the purpose of the
entry, the time of day, other persons accompanying the
minor, and advance approval by a probation officer;
(r) refrain from having any contact, directly or
indirectly, with certain specified persons or particular
types of persons, including but not limited to members of
street gangs and drug users or dealers;
(r-5) undergo a medical or other procedure to have a
tattoo symbolizing allegiance to a street gang removed from
his or her body;
(s) refrain from having in his or her body the presence
of any illicit drug prohibited by the Cannabis Control Act,
the Illinois Controlled Substances Act, or the
Methamphetamine Control and Community Protection Act,
unless prescribed by a physician, and submit samples of his
or her blood or urine or both for tests to determine the
presence of any illicit drug; or
(t) comply with any other conditions as may be ordered
by the court.
(6) A minor whose case is continued under supervision under
subsection (5) shall be given a certificate setting forth the
conditions imposed by the court. Those conditions may be
reduced, enlarged, or modified by the court on motion of the
probation officer or on its own motion, or that of the State's
Attorney, or, at the request of the minor after notice and
hearing.
(7) If a petition is filed charging a violation of a
condition of the continuance under supervision, the court shall
conduct a hearing. If the court finds that a condition of
supervision has not been fulfilled, the court may proceed to
findings, adjudication, and disposition or adjudication and
disposition. The filing of a petition for violation of a
condition of the continuance under supervision shall toll the
period of continuance under supervision until the final
determination of the charge, and the term of the continuance
under supervision shall not run until the hearing and
disposition of the petition for violation; provided where the
petition alleges conduct that does not constitute a criminal
offense, the hearing must be held within 30 days of the filing
of the petition unless a delay shall continue the tolling of
the period of continuance under supervision for the period of
the delay.
(8) When a hearing in which a minor is alleged to be a
delinquent for reasons that include a violation of Section
21-1.3 of the Criminal Code of 1961 or the Criminal Code of
2012 is continued under this Section, the court shall, as a
condition of the continuance under supervision, require the
minor to perform community service for not less than 30 and not
more than 120 hours, if community service is available in the
jurisdiction. The community service shall include, but need not
be limited to, the cleanup and repair of the damage that was
caused by the alleged violation or similar damage to property
located in the municipality or county in which the alleged
violation occurred. The condition may be in addition to any
other condition.
(8.5) When a hearing in which a minor is alleged to be a
delinquent for reasons that include a violation of Section 3.02
or Section 3.03 of the Humane Care for Animals Act or paragraph
(d) of subsection (1) of Section 21-1 of the Criminal Code of
1961 or paragraph (4) of subsection (a) of Section 21-1 or the
Criminal Code of 2012 is continued under this Section, the
court shall, as a condition of the continuance under
supervision, require the minor to undergo medical or
psychiatric treatment rendered by a psychiatrist or
psychological treatment rendered by a clinical psychologist.
The condition may be in addition to any other condition.
(9) When a hearing in which a minor is alleged to be a
delinquent is continued under this Section, the court, before
continuing the case, shall make a finding whether the offense
alleged to have been committed either: (i) was related to or in
furtherance of the activities of an organized gang or was
motivated by the minor's membership in or allegiance to an
organized gang, or (ii) is a violation of paragraph (13) of
subsection (a) of Section 12-2 or paragraph (2) of subsection
(c) of Section 12-2 of the Criminal Code of 1961 or the
Criminal Code of 2012, a violation of any Section of Article 24
of the Criminal Code of 1961 or the Criminal Code of 2012, or a
violation of any statute that involved the unlawful use of a
firearm. If the court determines the question in the
affirmative the court shall, as a condition of the continuance
under supervision and as part of or in addition to any other
condition of the supervision, require the minor to perform
community service for not less than 30 hours, provided that
community service is available in the jurisdiction and is
funded and approved by the county board of the county where the
offense was committed. The community service shall include, but
need not be limited to, the cleanup and repair of any damage
caused by an alleged violation of Section 21-1.3 of the
Criminal Code of 1961 or the Criminal Code of 2012 and similar
damage to property located in the municipality or county in
which the alleged violation occurred. When possible and
reasonable, the community service shall be performed in the
minor's neighborhood. For the purposes of this Section,
"organized gang" has the meaning ascribed to it in Section 10
of the Illinois Streetgang Terrorism Omnibus Prevention Act.
(10) The court shall impose upon a minor placed on
supervision, as a condition of the supervision, a fee of $50
for each month of supervision ordered by the court, unless
after determining the inability of the minor placed on
supervision to pay the fee, the court assesses a lesser amount.
The court may not impose the fee on a minor who is placed in the
guardianship or custody of the Department of Children and
Family Services under this Act while the minor is in placement.
The fee shall be imposed only upon a minor who is actively
supervised by the probation and court services department. A
court may order the parent, guardian, or legal custodian of the
minor to pay some or all of the fee on the minor's behalf.
(11) If a minor is placed on supervision for a violation of
subsection (a-7) of Section 1 of the Prevention of Tobacco Use
by Minors Act, the court may, in its discretion, and upon
recommendation by the State's Attorney, order that minor and
his or her parents or legal guardian to attend a smoker's
education or youth diversion program as defined in that Act if
that program is available in the jurisdiction where the
offender resides. Attendance at a smoker's education or youth
diversion program shall be time-credited against any community
service time imposed for any first violation of subsection
(a-7) of Section 1 of that Act. In addition to any other
penalty that the court may impose for a violation of subsection
(a-7) of Section 1 of that Act, the court, upon request by the
State's Attorney, may in its discretion require the offender to
remit a fee for his or her attendance at a smoker's education
or youth diversion program.
For purposes of this Section, "smoker's education program"
or "youth diversion program" includes, but is not limited to, a
seminar designed to educate a person on the physical and
psychological effects of smoking tobacco products and the
health consequences of smoking tobacco products that can be
conducted with a locality's youth diversion program.
In addition to any other penalty that the court may impose
under this subsection (11):
(a) If a minor violates subsection (a-7) of Section 1
of the Prevention of Tobacco Use by Minors Act, the court
may impose a sentence of 15 hours of community service or a
fine of $25 for a first violation.
(b) A second violation by a minor of subsection (a-7)
of Section 1 of that Act that occurs within 12 months after
the first violation is punishable by a fine of $50 and 25
hours of community service.
(c) A third or subsequent violation by a minor of
subsection (a-7) of Section 1 of that Act that occurs
within 12 months after the first violation is punishable by
a $100 fine and 30 hours of community service.
(d) Any second or subsequent violation not within the
12-month time period after the first violation is
punishable as provided for a first violation.
(Source: P.A. 100-159, eff. 8-18-17.)
(705 ILCS 405/5-710)
Sec. 5-710. Kinds of sentencing orders.
(1) The following kinds of sentencing orders may be made in
respect of wards of the court:
(a) Except as provided in Sections 5-805, 5-810, and
5-815, a minor who is found guilty under Section 5-620 may
be:
(i) put on probation or conditional discharge and
released to his or her parents, guardian or legal
custodian, provided, however, that any such minor who
is not committed to the Department of Juvenile Justice
under this subsection and who is found to be a
delinquent for an offense which is first degree murder,
a Class X felony, or a forcible felony shall be placed
on probation;
(ii) placed in accordance with Section 5-740, with
or without also being put on probation or conditional
discharge;
(iii) required to undergo a substance abuse
assessment conducted by a licensed provider and
participate in the indicated clinical level of care;
(iv) on and after the effective date of this
amendatory Act of the 98th General Assembly and before
January 1, 2017, placed in the guardianship of the
Department of Children and Family Services, but only if
the delinquent minor is under 16 years of age or,
pursuant to Article II of this Act, a minor for whom an
independent basis of abuse, neglect, or dependency
exists. On and after January 1, 2017, placed in the
guardianship of the Department of Children and Family
Services, but only if the delinquent minor is under 15
years of age or, pursuant to Article II of this Act, a
minor for whom an independent basis of abuse, neglect,
or dependency exists. An independent basis exists when
the allegations or adjudication of abuse, neglect, or
dependency do not arise from the same facts, incident,
or circumstances which give rise to a charge or
adjudication of delinquency;
(v) placed in detention for a period not to exceed
30 days, either as the exclusive order of disposition
or, where appropriate, in conjunction with any other
order of disposition issued under this paragraph,
provided that any such detention shall be in a juvenile
detention home and the minor so detained shall be 10
years of age or older. However, the 30-day limitation
may be extended by further order of the court for a
minor under age 15 committed to the Department of
Children and Family Services if the court finds that
the minor is a danger to himself or others. The minor
shall be given credit on the sentencing order of
detention for time spent in detention under Sections
5-501, 5-601, 5-710, or 5-720 of this Article as a
result of the offense for which the sentencing order
was imposed. The court may grant credit on a sentencing
order of detention entered under a violation of
probation or violation of conditional discharge under
Section 5-720 of this Article for time spent in
detention before the filing of the petition alleging
the violation. A minor shall not be deprived of credit
for time spent in detention before the filing of a
violation of probation or conditional discharge
alleging the same or related act or acts. The
limitation that the minor shall only be placed in a
juvenile detention home does not apply as follows:
Persons 18 years of age and older who have a
petition of delinquency filed against them may be
confined in an adult detention facility. In making a
determination whether to confine a person 18 years of
age or older who has a petition of delinquency filed
against the person, these factors, among other
matters, shall be considered:
(A) the age of the person;
(B) any previous delinquent or criminal
history of the person;
(C) any previous abuse or neglect history of
the person;
(D) any mental health history of the person;
and
(E) any educational history of the person;
(vi) ordered partially or completely emancipated
in accordance with the provisions of the Emancipation
of Minors Act;
(vii) subject to having his or her driver's license
or driving privileges suspended for such time as
determined by the court but only until he or she
attains 18 years of age;
(viii) put on probation or conditional discharge
and placed in detention under Section 3-6039 of the
Counties Code for a period not to exceed the period of
incarceration permitted by law for adults found guilty
of the same offense or offenses for which the minor was
adjudicated delinquent, and in any event no longer than
upon attainment of age 21; this subdivision (viii)
notwithstanding any contrary provision of the law;
(ix) ordered to undergo a medical or other
procedure to have a tattoo symbolizing allegiance to a
street gang removed from his or her body; or
(x) placed in electronic monitoring or home
detention under Part 7A of this Article.
(b) A minor found to be guilty may be committed to the
Department of Juvenile Justice under Section 5-750 if the
minor is at least 13 years and under 20 years of age,
provided that the commitment to the Department of Juvenile
Justice shall be made only if the minor was found guilty of
a felony offense or first degree murder. The court shall
include in the sentencing order any pre-custody credits the
minor is entitled to under Section 5-4.5-100 of the Unified
Code of Corrections. The time during which a minor is in
custody before being released upon the request of a parent,
guardian or legal custodian shall also be considered as
time spent in custody.
(c) When a minor is found to be guilty for an offense
which is a violation of the Illinois Controlled Substances
Act, the Cannabis Control Act, or the Methamphetamine
Control and Community Protection Act and made a ward of the
court, the court may enter a disposition order requiring
the minor to undergo assessment, counseling or treatment in
a substance use disorder treatment program substance abuse
program approved by the Department of Human Services.
(2) Any sentencing order other than commitment to the
Department of Juvenile Justice may provide for protective
supervision under Section 5-725 and may include an order of
protection under Section 5-730.
(3) Unless the sentencing order expressly so provides, it
does not operate to close proceedings on the pending petition,
but is subject to modification until final closing and
discharge of the proceedings under Section 5-750.
(4) In addition to any other sentence, the court may order
any minor found to be delinquent to make restitution, in
monetary or non-monetary form, under the terms and conditions
of Section 5-5-6 of the Unified Code of Corrections, except
that the "presentencing hearing" referred to in that Section
shall be the sentencing hearing for purposes of this Section.
The parent, guardian or legal custodian of the minor may be
ordered by the court to pay some or all of the restitution on
the minor's behalf, pursuant to the Parental Responsibility
Law. The State's Attorney is authorized to act on behalf of any
victim in seeking restitution in proceedings under this
Section, up to the maximum amount allowed in Section 5 of the
Parental Responsibility Law.
(5) Any sentencing order where the minor is committed or
placed in accordance with Section 5-740 shall provide for the
parents or guardian of the estate of the minor to pay to the
legal custodian or guardian of the person of the minor such
sums as are determined by the custodian or guardian of the
person of the minor as necessary for the minor's needs. The
payments may not exceed the maximum amounts provided for by
Section 9.1 of the Children and Family Services Act.
(6) Whenever the sentencing order requires the minor to
attend school or participate in a program of training, the
truant officer or designated school official shall regularly
report to the court if the minor is a chronic or habitual
truant under Section 26-2a of the School Code. Notwithstanding
any other provision of this Act, in instances in which
educational services are to be provided to a minor in a
residential facility where the minor has been placed by the
court, costs incurred in the provision of those educational
services must be allocated based on the requirements of the
School Code.
(7) In no event shall a guilty minor be committed to the
Department of Juvenile Justice for a period of time in excess
of that period for which an adult could be committed for the
same act. The court shall include in the sentencing order a
limitation on the period of confinement not to exceed the
maximum period of imprisonment the court could impose under
Article V of the Unified Code of Corrections.
(7.5) In no event shall a guilty minor be committed to the
Department of Juvenile Justice or placed in detention when the
act for which the minor was adjudicated delinquent would not be
illegal if committed by an adult.
(7.6) In no event shall a guilty minor be committed to the
Department of Juvenile Justice for an offense which is a Class
4 felony under Section 19-4 (criminal trespass to a residence),
21-1 (criminal damage to property), 21-1.01 (criminal damage to
government supported property), 21-1.3 (criminal defacement of
property), 26-1 (disorderly conduct), or 31-4 (obstructing
justice) of the Criminal Code of 2012.
(7.75) In no event shall a guilty minor be committed to the
Department of Juvenile Justice for an offense that is a Class 3
or Class 4 felony violation of the Illinois Controlled
Substances Act unless the commitment occurs upon a third or
subsequent judicial finding of a violation of probation for
substantial noncompliance with court-ordered treatment or
programming.
(8) A minor found to be guilty for reasons that include a
violation of Section 21-1.3 of the Criminal Code of 1961 or the
Criminal Code of 2012 shall be ordered to perform community
service for not less than 30 and not more than 120 hours, if
community service is available in the jurisdiction. The
community service shall include, but need not be limited to,
the cleanup and repair of the damage that was caused by the
violation or similar damage to property located in the
municipality or county in which the violation occurred. The
order may be in addition to any other order authorized by this
Section.
(8.5) A minor found to be guilty for reasons that include a
violation of Section 3.02 or Section 3.03 of the Humane Care
for Animals Act or paragraph (d) of subsection (1) of Section
21-1 of the Criminal Code of 1961 or paragraph (4) of
subsection (a) of Section 21-1 of the Criminal Code of 2012
shall be ordered to undergo medical or psychiatric treatment
rendered by a psychiatrist or psychological treatment rendered
by a clinical psychologist. The order may be in addition to any
other order authorized by this Section.
(9) In addition to any other sentencing order, the court
shall order any minor found to be guilty for an act which would
constitute, predatory criminal sexual assault of a child,
aggravated criminal sexual assault, criminal sexual assault,
aggravated criminal sexual abuse, or criminal sexual abuse if
committed by an adult to undergo medical testing to determine
whether the defendant has any sexually transmissible disease
including a test for infection with human immunodeficiency
virus (HIV) or any other identified causative agency of
acquired immunodeficiency syndrome (AIDS). Any medical test
shall be performed only by appropriately licensed medical
practitioners and may include an analysis of any bodily fluids
as well as an examination of the minor's person. Except as
otherwise provided by law, the results of the test shall be
kept strictly confidential by all medical personnel involved in
the testing and must be personally delivered in a sealed
envelope to the judge of the court in which the sentencing
order was entered for the judge's inspection in camera. Acting
in accordance with the best interests of the victim and the
public, the judge shall have the discretion to determine to
whom the results of the testing may be revealed. The court
shall notify the minor of the results of the test for infection
with the human immunodeficiency virus (HIV). The court shall
also notify the victim if requested by the victim, and if the
victim is under the age of 15 and if requested by the victim's
parents or legal guardian, the court shall notify the victim's
parents or the legal guardian, of the results of the test for
infection with the human immunodeficiency virus (HIV). The
court shall provide information on the availability of HIV
testing and counseling at the Department of Public Health
facilities to all parties to whom the results of the testing
are revealed. The court shall order that the cost of any test
shall be paid by the county and may be taxed as costs against
the minor.
(10) When a court finds a minor to be guilty the court
shall, before entering a sentencing order under this Section,
make a finding whether the offense committed either: (a) was
related to or in furtherance of the criminal activities of an
organized gang or was motivated by the minor's membership in or
allegiance to an organized gang, or (b) involved a violation of
subsection (a) of Section 12-7.1 of the Criminal Code of 1961
or the Criminal Code of 2012, a violation of any Section of
Article 24 of the Criminal Code of 1961 or the Criminal Code of
2012, or a violation of any statute that involved the wrongful
use of a firearm. If the court determines the question in the
affirmative, and the court does not commit the minor to the
Department of Juvenile Justice, the court shall order the minor
to perform community service for not less than 30 hours nor
more than 120 hours, provided that community service is
available in the jurisdiction and is funded and approved by the
county board of the county where the offense was committed. The
community service shall include, but need not be limited to,
the cleanup and repair of any damage caused by a violation of
Section 21-1.3 of the Criminal Code of 1961 or the Criminal
Code of 2012 and similar damage to property located in the
municipality or county in which the violation occurred. When
possible and reasonable, the community service shall be
performed in the minor's neighborhood. This order shall be in
addition to any other order authorized by this Section except
for an order to place the minor in the custody of the
Department of Juvenile Justice. For the purposes of this
Section, "organized gang" has the meaning ascribed to it in
Section 10 of the Illinois Streetgang Terrorism Omnibus
Prevention Act.
(11) If the court determines that the offense was committed
in furtherance of the criminal activities of an organized gang,
as provided in subsection (10), and that the offense involved
the operation or use of a motor vehicle or the use of a
driver's license or permit, the court shall notify the
Secretary of State of that determination and of the period for
which the minor shall be denied driving privileges. If, at the
time of the determination, the minor does not hold a driver's
license or permit, the court shall provide that the minor shall
not be issued a driver's license or permit until his or her
18th birthday. If the minor holds a driver's license or permit
at the time of the determination, the court shall provide that
the minor's driver's license or permit shall be revoked until
his or her 21st birthday, or until a later date or occurrence
determined by the court. If the minor holds a driver's license
at the time of the determination, the court may direct the
Secretary of State to issue the minor a judicial driving
permit, also known as a JDP. The JDP shall be subject to the
same terms as a JDP issued under Section 6-206.1 of the
Illinois Vehicle Code, except that the court may direct that
the JDP be effective immediately.
(12) If a minor is found to be guilty of a violation of
subsection (a-7) of Section 1 of the Prevention of Tobacco Use
by Minors Act, the court may, in its discretion, and upon
recommendation by the State's Attorney, order that minor and
his or her parents or legal guardian to attend a smoker's
education or youth diversion program as defined in that Act if
that program is available in the jurisdiction where the
offender resides. Attendance at a smoker's education or youth
diversion program shall be time-credited against any community
service time imposed for any first violation of subsection
(a-7) of Section 1 of that Act. In addition to any other
penalty that the court may impose for a violation of subsection
(a-7) of Section 1 of that Act, the court, upon request by the
State's Attorney, may in its discretion require the offender to
remit a fee for his or her attendance at a smoker's education
or youth diversion program.
For purposes of this Section, "smoker's education program"
or "youth diversion program" includes, but is not limited to, a
seminar designed to educate a person on the physical and
psychological effects of smoking tobacco products and the
health consequences of smoking tobacco products that can be
conducted with a locality's youth diversion program.
In addition to any other penalty that the court may impose
under this subsection (12):
(a) If a minor violates subsection (a-7) of Section 1
of the Prevention of Tobacco Use by Minors Act, the court
may impose a sentence of 15 hours of community service or a
fine of $25 for a first violation.
(b) A second violation by a minor of subsection (a-7)
of Section 1 of that Act that occurs within 12 months after
the first violation is punishable by a fine of $50 and 25
hours of community service.
(c) A third or subsequent violation by a minor of
subsection (a-7) of Section 1 of that Act that occurs
within 12 months after the first violation is punishable by
a $100 fine and 30 hours of community service.
(d) Any second or subsequent violation not within the
12-month time period after the first violation is
punishable as provided for a first violation.
(Source: P.A. 99-268, eff. 1-1-16; 99-628, eff. 1-1-17; 99-879,
eff. 1-1-17; 100-201, eff. 8-18-17; 100-431, eff. 8-25-17.)
Section 95. The Criminal Code of 2012 is amended by
changing Section 29B-1 as follows:
(720 ILCS 5/29B-1) (from Ch. 38, par. 29B-1)
(Text of Section before amendment by P.A. 100-512)
Sec. 29B-1. (a) A person commits the offense of money
laundering:
(1) when, knowing that the property involved in a
financial transaction represents the proceeds of some form
of unlawful activity, he or she conducts or attempts to
conduct such a financial transaction which in fact involves
criminally derived property:
(A) with the intent to promote the carrying on of
the unlawful activity from which the criminally
derived property was obtained; or
(B) where he or she knows or reasonably should know
that the financial transaction is designed in whole or
in part:
(i) to conceal or disguise the nature, the
location, the source, the ownership or the control
of the criminally derived property; or
(ii) to avoid a transaction reporting
requirement under State law; or
(1.5) when he or she transports, transmits, or
transfers, or attempts to transport, transmit, or transfer
a monetary instrument:
(A) with the intent to promote the carrying on of
the unlawful activity from which the criminally
derived property was obtained; or
(B) knowing, or having reason to know, that the
financial transaction is designed in whole or in part:
(i) to conceal or disguise the nature, the
location, the source, the ownership or the control
of the criminally derived property; or
(ii) to avoid a transaction reporting
requirement under State law; or
(2) when, with the intent to:
(A) promote the carrying on of a specified criminal
activity as defined in this Article; or
(B) conceal or disguise the nature, location,
source, ownership, or control of property believed to
be the proceeds of a specified criminal activity as
defined by subdivision (b)(6); or
(C) avoid a transaction reporting requirement
under State law,
he or she conducts or attempts to conduct a financial
transaction involving property he or she believes to be the
proceeds of specified criminal activity as defined by
subdivision (b)(6) or property used to conduct or
facilitate specified criminal activity as defined by
subdivision (b)(6).
(b) As used in this Section:
(0.5) "Knowing that the property involved in a
financial transaction represents the proceeds of some form
of unlawful activity" means that the person knew the
property involved in the transaction represented proceeds
from some form, though not necessarily which form, of
activity that constitutes a felony under State, federal, or
foreign law.
(1) "Financial transaction" means a purchase, sale,
loan, pledge, gift, transfer, delivery or other
disposition utilizing criminally derived property, and
with respect to financial institutions, includes a
deposit, withdrawal, transfer between accounts, exchange
of currency, loan, extension of credit, purchase or sale of
any stock, bond, certificate of deposit or other monetary
instrument, use of safe deposit box, or any other payment,
transfer or delivery by, through, or to a financial
institution. For purposes of clause (a)(2) of this Section,
the term "financial transaction" also means a transaction
which without regard to whether the funds, monetary
instruments, or real or personal property involved in the
transaction are criminally derived, any transaction which
in any way or degree: (1) involves the movement of funds by
wire or any other means; (2) involves one or more monetary
instruments; or (3) the transfer of title to any real or
personal property. The receipt by an attorney of bona fide
fees for the purpose of legal representation is not a
financial transaction for purposes of this Section.
(2) "Financial institution" means any bank; saving and
loan association; trust company; agency or branch of a
foreign bank in the United States; currency exchange;
credit union, mortgage banking institution; pawnbroker;
loan or finance company; operator of a credit card system;
issuer, redeemer or cashier of travelers checks, checks or
money orders; dealer in precious metals, stones or jewels;
broker or dealer in securities or commodities; investment
banker; or investment company.
(3) "Monetary instrument" means United States coins
and currency; coins and currency of a foreign country;
travelers checks; personal checks, bank checks, and money
orders; investment securities; bearer negotiable
instruments; bearer investment securities; or bearer
securities and certificates of stock in such form that
title thereto passes upon delivery.
(4) "Criminally derived property" means: (A) any
property, real or personal, constituting or derived from
proceeds obtained, directly or indirectly, from activity
that constitutes a felony under State, federal, or foreign
law; or (B) any property represented to be property
constituting or derived from proceeds obtained, directly
or indirectly, from activity that constitutes a felony
under State, federal, or foreign law.
(5) "Conduct" or "conducts" includes, in addition to
its ordinary meaning, initiating, concluding, or
participating in initiating or concluding a transaction.
(6) "Specified criminal activity" means any violation
of Section 29D-15.1 (720 ILCS 5/29D-15.1) and any violation
of Article 29D of this Code.
(7) "Director" means the Director of State Police or
his or her designated agents.
(8) "Department" means the Department of State Police
of the State of Illinois or its successor agency.
(9) "Transaction reporting requirement under State
law" means any violation as defined under the Currency
Reporting Act.
(c) Sentence.
(1) Laundering of criminally derived property of a
value not exceeding $10,000 is a Class 3 felony;
(2) Laundering of criminally derived property of a
value exceeding $10,000 but not exceeding $100,000 is a
Class 2 felony;
(3) Laundering of criminally derived property of a
value exceeding $100,000 but not exceeding $500,000 is a
Class 1 felony;
(4) Money laundering in violation of subsection (a)(2)
of this Section is a Class X felony;
(5) Laundering of criminally derived property of a
value exceeding $500,000 is a Class 1 non-probationable
felony;
(6) In a prosecution under clause (a)(1.5)(B)(ii) of
this Section, the sentences are as follows:
(A) Laundering of property of a value not exceeding
$10,000 is a Class 3 felony;
(B) Laundering of property of a value exceeding
$10,000 but not exceeding $100,000 is a Class 2 felony;
(C) Laundering of property of a value exceeding
$100,000 but not exceeding $500,000 is a Class 1
felony;
(D) Laundering of property of a value exceeding
$500,000 is a Class 1 non-probationable felony.
(d) Evidence. In a prosecution under this Article, either
party may introduce the following evidence pertaining to the
issue of whether the property or proceeds were known to be some
form of criminally derived property or from some form of
unlawful activity:
(1) A financial transaction was conducted or
structured or attempted in violation of the reporting
requirements of any State or federal law; or
(2) A financial transaction was conducted or attempted
with the use of a false or fictitious name or a forged
instrument; or
(3) A falsely altered or completed written instrument
or a written instrument that contains any materially false
personal identifying information was made, used, offered
or presented, whether accepted or not, in connection with a
financial transaction; or
(4) A financial transaction was structured or
attempted to be structured so as to falsely report the
actual consideration or value of the transaction; or
(5) A money transmitter, a person engaged in a trade or
business or any employee of a money transmitter or a person
engaged in a trade or business, knows or reasonably should
know that false personal identifying information has been
presented and incorporates the false personal identifying
information into any report or record; or
(6) The criminally derived property is transported or
possessed in a fashion inconsistent with the ordinary or
usual means of transportation or possession of such
property and where the property is discovered in the
absence of any documentation or other indicia of legitimate
origin or right to such property; or
(7) A person pays or receives substantially less than
face value for one or more monetary instruments; or
(8) A person engages in a transaction involving one or
more monetary instruments, where the physical condition or
form of the monetary instrument or instruments makes it
apparent that they are not the product of bona fide
business or financial transactions.
(e) Duty to enforce this Article.
(1) It is the duty of the Department of State Police,
and its agents, officers, and investigators, to enforce all
provisions of this Article, except those specifically
delegated, and to cooperate with all agencies charged with
the enforcement of the laws of the United States, or of any
state, relating to money laundering. Only an agent,
officer, or investigator designated by the Director may be
authorized in accordance with this Section to serve seizure
notices, warrants, subpoenas, and summonses under the
authority of this State.
(2) Any agent, officer, investigator, or peace officer
designated by the Director may: (A) make seizure of
property pursuant to the provisions of this Article; and
(B) perform such other law enforcement duties as the
Director designates. It is the duty of all State's
Attorneys to prosecute violations of this Article and
institute legal proceedings as authorized under this
Article.
(f) Protective orders.
(1) Upon application of the State, the court may enter
a restraining order or injunction, require the execution of
a satisfactory performance bond, or take any other action
to preserve the availability of property described in
subsection (h) for forfeiture under this Article:
(A) upon the filing of an indictment, information,
or complaint charging a violation of this Article for
which forfeiture may be ordered under this Article and
alleging that the property with respect to which the
order is sought would be subject to forfeiture under
this Article; or
(B) prior to the filing of such an indictment,
information, or complaint, if, after notice to persons
appearing to have an interest in the property and
opportunity for a hearing, the court determines that:
(i) there is probable cause to believe that the
State will prevail on the issue of forfeiture and
that failure to enter the order will result in the
property being destroyed, removed from the
jurisdiction of the court, or otherwise made
unavailable for forfeiture; and
(ii) the need to preserve the availability of
the property through the entry of the requested
order outweighs the hardship on any party against
whom the order is to be entered.
Provided, however, that an order entered pursuant
to subparagraph (B) shall be effective for not more
than 90 days, unless extended by the court for good
cause shown or unless an indictment, information,
complaint, or administrative notice has been filed.
(2) A temporary restraining order under this
subsection may be entered upon application of the State
without notice or opportunity for a hearing when an
indictment, information, complaint, or administrative
notice has not yet been filed with respect to the property,
if the State demonstrates that there is probable cause to
believe that the property with respect to which the order
is sought would be subject to forfeiture under this Section
and that provision of notice will jeopardize the
availability of the property for forfeiture. Such a
temporary order shall expire not more than 30 days after
the date on which it is entered, unless extended for good
cause shown or unless the party against whom it is entered
consents to an extension for a longer period. A hearing
requested concerning an order entered under this paragraph
shall be held at the earliest possible time and prior to
the expiration of the temporary order.
(3) The court may receive and consider, at a hearing
held pursuant to this subsection (f), evidence and
information that would be inadmissible under the Illinois
rules of evidence.
(4) Order to repatriate and deposit.
(A) In general. Pursuant to its authority to enter
a pretrial restraining order under this Section, the
court may order a defendant to repatriate any property
that may be seized and forfeited and to deposit that
property pending trial with the Illinois State Police
or another law enforcement agency designated by the
Illinois State Police.
(B) Failure to comply. Failure to comply with an
order under this subsection (f) is punishable as a
civil or criminal contempt of court.
(g) Warrant of seizure. The State may request the issuance
of a warrant authorizing the seizure of property described in
subsection (h) in the same manner as provided for a search
warrant. If the court determines that there is probable cause
to believe that the property to be seized would be subject to
forfeiture, the court shall issue a warrant authorizing the
seizure of such property.
(h) Forfeiture.
(1) The following are subject to forfeiture:
(A) any property, real or personal, constituting,
derived from, or traceable to any proceeds the person
obtained directly or indirectly, as a result of a
violation of this Article;
(B) any of the person's property used, or intended
to be used, in any manner or part, to commit, or to
facilitate the commission of, a violation of this
Article;
(C) all conveyances, including aircraft, vehicles
or vessels, which are used, or intended for use, to
transport, or in any manner to facilitate the
transportation, sale, receipt, possession, or
concealment of property described in subparagraphs (A)
and (B), but:
(i) no conveyance used by any person as a
common carrier in the transaction of business as a
common carrier is subject to forfeiture under this
Section unless it appears that the owner or other
person in charge of the conveyance is a consenting
party or privy to a violation of this Article;
(ii) no conveyance is subject to forfeiture
under this Section by reason of any act or omission
which the owner proves to have been committed or
omitted without his or her knowledge or consent;
(iii) a forfeiture of a conveyance encumbered
by a bona fide security interest is subject to the
interest of the secured party if he or she neither
had knowledge of nor consented to the act or
omission;
(D) all real property, including any right, title,
and interest (including, but not limited to, any
leasehold interest or the beneficial interest in a land
trust) in the whole of any lot or tract of land and any
appurtenances or improvements, which is used or
intended to be used, in any manner or part, to commit,
or in any manner to facilitate the commission of, any
violation of this Article or that is the proceeds of
any violation or act that constitutes a violation of
this Article.
(2) Property subject to forfeiture under this Article
may be seized by the Director or any peace officer upon
process or seizure warrant issued by any court having
jurisdiction over the property. Seizure by the Director or
any peace officer without process may be made:
(A) if the seizure is incident to a seizure
warrant;
(B) if the property subject to seizure has been the
subject of a prior judgment in favor of the State in a
criminal proceeding, or in an injunction or forfeiture
proceeding based upon this Article;
(C) if there is probable cause to believe that the
property is directly or indirectly dangerous to health
or safety;
(D) if there is probable cause to believe that the
property is subject to forfeiture under this Article
and the property is seized under circumstances in which
a warrantless seizure or arrest would be reasonable; or
(E) in accordance with the Code of Criminal
Procedure of 1963.
(3) In the event of seizure pursuant to paragraph (2),
forfeiture proceedings shall be instituted in accordance
with subsections (i) through (r).
(4) Property taken or detained under this Section shall
not be subject to replevin, but is deemed to be in the
custody of the Director subject only to the order and
judgments of the circuit court having jurisdiction over the
forfeiture proceedings and the decisions of the State's
Attorney under this Article. When property is seized under
this Article, the seizing agency shall promptly conduct an
inventory of the seized property and estimate the
property's value and shall forward a copy of the inventory
of seized property and the estimate of the property's value
to the Director. Upon receiving notice of seizure, the
Director may:
(A) place the property under seal;
(B) remove the property to a place designated by
the Director;
(C) keep the property in the possession of the
seizing agency;
(D) remove the property to a storage area for
safekeeping or, if the property is a negotiable
instrument or money and is not needed for evidentiary
purposes, deposit it in an interest bearing account;
(E) place the property under constructive seizure
by posting notice of pending forfeiture on it, by
giving notice of pending forfeiture to its owners and
interest holders, or by filing notice of pending
forfeiture in any appropriate public record relating
to the property; or
(F) provide for another agency or custodian,
including an owner, secured party, or lienholder, to
take custody of the property upon the terms and
conditions set by the Director.
(5) When property is forfeited under this Article, the
Director shall sell all such property unless such property
is required by law to be destroyed or is harmful to the
public, and shall distribute the proceeds of the sale,
together with any moneys forfeited or seized, in accordance
with paragraph (6). However, upon the application of the
seizing agency or prosecutor who was responsible for the
investigation, arrest or arrests and prosecution which
lead to the forfeiture, the Director may return any item of
forfeited property to the seizing agency or prosecutor for
official use in the enforcement of laws, if the agency or
prosecutor can demonstrate that the item requested would be
useful to the agency or prosecutor in its enforcement
efforts. When any real property returned to the seizing
agency is sold by the agency or its unit of government, the
proceeds of the sale shall be delivered to the Director and
distributed in accordance with paragraph (6).
(6) All monies and the sale proceeds of all other
property forfeited and seized under this Article shall be
distributed as follows:
(A) 65% shall be distributed to the metropolitan
enforcement group, local, municipal, county, or State
law enforcement agency or agencies which conducted or
participated in the investigation resulting in the
forfeiture. The distribution shall bear a reasonable
relationship to the degree of direct participation of
the law enforcement agency in the effort resulting in
the forfeiture, taking into account the total value of
the property forfeited and the total law enforcement
effort with respect to the violation of the law upon
which the forfeiture is based. Amounts distributed to
the agency or agencies shall be used for the
enforcement of laws.
(B)(i) 12.5% shall be distributed to the Office of
the State's Attorney of the county in which the
prosecution resulting in the forfeiture was
instituted, deposited in a special fund in the county
treasury and appropriated to the State's Attorney for
use in the enforcement of laws. In counties over
3,000,000 population, 25% shall be distributed to the
Office of the State's Attorney for use in the
enforcement of laws. If the prosecution is undertaken
solely by the Attorney General, the portion provided
hereunder shall be distributed to the Attorney General
for use in the enforcement of laws.
(ii) 12.5% shall be distributed to the Office of
the State's Attorneys Appellate Prosecutor and
deposited in the Narcotics Profit Forfeiture Fund of
that office to be used for additional expenses incurred
in the investigation, prosecution and appeal of cases
arising under laws. The Office of the State's Attorneys
Appellate Prosecutor shall not receive distribution
from cases brought in counties with over 3,000,000
population.
(C) 10% shall be retained by the Department of
State Police for expenses related to the
administration and sale of seized and forfeited
property.
Moneys and the sale proceeds distributed to the
Department of State Police under this Article shall be
deposited in the Money Laundering Asset Recovery Fund
created in the State treasury and shall be used by the
Department of State Police for State law enforcement
purposes.
(7) All moneys and sale proceeds of property forfeited
and seized under this Article and distributed according to
paragraph (6) may also be used to purchase opioid
antagonists as defined in Section 5-23 of the Alcoholism
and Other Drug Abuse and Dependency Act.
(i) Notice to owner or interest holder.
(1) Whenever notice of pending forfeiture or service of
an in rem complaint is required under the provisions of
this Article, such notice or service shall be given as
follows:
(A) If the owner's or interest holder's name and
current address are known, then by either personal
service or mailing a copy of the notice by certified
mail, return receipt requested, to that address. For
purposes of notice under this Section, if a person has
been arrested for the conduct giving rise to the
forfeiture, then the address provided to the arresting
agency at the time of arrest shall be deemed to be that
person's known address. Provided, however, if an owner
or interest holder's address changes prior to the
effective date of the notice of pending forfeiture, the
owner or interest holder shall promptly notify the
seizing agency of the change in address or, if the
owner or interest holder's address changes subsequent
to the effective date of the notice of pending
forfeiture, the owner or interest holder shall
promptly notify the State's Attorney of the change in
address; or
(B) If the property seized is a conveyance, to the
address reflected in the office of the agency or
official in which title or interest to the conveyance
is required by law to be recorded, then by mailing a
copy of the notice by certified mail, return receipt
requested, to that address; or
(C) If the owner's or interest holder's address is
not known, and is not on record as provided in
paragraph (B), then by publication for 3 successive
weeks in a newspaper of general circulation in the
county in which the seizure occurred.
(2) Notice served under this Article is effective upon
personal service, the last date of publication, or the
mailing of written notice, whichever is earlier.
(j) Notice to State's Attorney. The law enforcement agency
seizing property for forfeiture under this Article shall,
within 90 days after seizure, notify the State's Attorney for
the county, either where an act or omission giving rise to the
forfeiture occurred or where the property was seized, of the
seizure of the property and the facts and circumstances giving
rise to the seizure and shall provide the State's Attorney with
the inventory of the property and its estimated value. When the
property seized for forfeiture is a vehicle, the law
enforcement agency seizing the property shall immediately
notify the Secretary of State that forfeiture proceedings are
pending regarding such vehicle.
(k) Non-judicial forfeiture. If non-real property that
exceeds $20,000 in value excluding the value of any conveyance,
or if real property is seized under the provisions of this
Article, the State's Attorney shall institute judicial in rem
forfeiture proceedings as described in subsection (l) of this
Section within 45 days from receipt of notice of seizure from
the seizing agency under subsection (j) of this Section.
However, if non-real property that does not exceed $20,000 in
value excluding the value of any conveyance is seized, the
following procedure shall be used:
(1) If, after review of the facts surrounding the
seizure, the State's Attorney is of the opinion that the
seized property is subject to forfeiture, then within 45
days after the receipt of notice of seizure from the
seizing agency, the State's Attorney shall cause notice of
pending forfeiture to be given to the owner of the property
and all known interest holders of the property in
accordance with subsection (i) of this Section.
(2) The notice of pending forfeiture must include a
description of the property, the estimated value of the
property, the date and place of seizure, the conduct giving
rise to forfeiture or the violation of law alleged, and a
summary of procedures and procedural rights applicable to
the forfeiture action.
(3)(A) Any person claiming an interest in property
which is the subject of notice under paragraph (1) of this
subsection (k), must, in order to preserve any rights or
claims to the property, within 45 days after the effective
date of notice as described in subsection (i) of this
Section, file a verified claim with the State's Attorney
expressing his or her interest in the property. The claim
must set forth:
(i) the caption of the proceedings as set forth on
the notice of pending forfeiture and the name of the
claimant;
(ii) the address at which the claimant will accept
mail;
(iii) the nature and extent of the claimant's
interest in the property;
(iv) the date, identity of the transferor, and
circumstances of the claimant's acquisition of the
interest in the property;
(v) the name and address of all other persons known
to have an interest in the property;
(vi) the specific provision of law relied on in
asserting the property is not subject to forfeiture;
(vii) all essential facts supporting each
assertion; and
(viii) the relief sought.
(B) If a claimant files the claim and deposits with the
State's Attorney a cost bond, in the form of a cashier's
check payable to the clerk of the court, in the sum of 10%
of the reasonable value of the property as alleged by the
State's Attorney or the sum of $100, whichever is greater,
upon condition that, in the case of forfeiture, the
claimant must pay all costs and expenses of forfeiture
proceedings, then the State's Attorney shall institute
judicial in rem forfeiture proceedings and deposit the cost
bond with the clerk of the court as described in subsection
(l) of this Section within 45 days after receipt of the
claim and cost bond. In lieu of a cost bond, a person
claiming interest in the seized property may file, under
penalty of perjury, an indigency affidavit which has been
approved by a circuit court judge.
(C) If none of the seized property is forfeited in the
judicial in rem proceeding, the clerk of the court shall
return to the claimant, unless the court orders otherwise,
90% of the sum which has been deposited and shall retain as
costs 10% of the money deposited. If any of the seized
property is forfeited under the judicial forfeiture
proceeding, the clerk of the court shall transfer 90% of
the sum which has been deposited to the State's Attorney
prosecuting the civil forfeiture to be applied to the costs
of prosecution and the clerk shall retain as costs 10% of
the sum deposited.
(4) If no claim is filed or bond given within the 45
day period as described in paragraph (3) of this subsection
(k), the State's Attorney shall declare the property
forfeited and shall promptly notify the owner and all known
interest holders of the property and the Director of State
Police of the declaration of forfeiture and the Director
shall dispose of the property in accordance with law.
(l) Judicial in rem procedures. If property seized under
the provisions of this Article is non-real property that
exceeds $20,000 in value excluding the value of any conveyance,
or is real property, or a claimant has filed a claim and a cost
bond under paragraph (3) of subsection (k) of this Section, the
following judicial in rem procedures shall apply:
(1) If, after a review of the facts surrounding the
seizure, the State's Attorney is of the opinion that the
seized property is subject to forfeiture, then within 45
days of the receipt of notice of seizure by the seizing
agency or the filing of the claim and cost bond, whichever
is later, the State's Attorney shall institute judicial
forfeiture proceedings by filing a verified complaint for
forfeiture and, if the claimant has filed a claim and cost
bond, by depositing the cost bond with the clerk of the
court. When authorized by law, a forfeiture must be ordered
by a court on an action in rem brought by a State's
Attorney under a verified complaint for forfeiture.
(2) During the probable cause portion of the judicial
in rem proceeding wherein the State presents its
case-in-chief, the court must receive and consider, among
other things, all relevant hearsay evidence and
information. The laws of evidence relating to civil actions
apply to all other portions of the judicial in rem
proceeding.
(3) Only an owner of or interest holder in the property
may file an answer asserting a claim against the property
in the action in rem. For purposes of this Section, the
owner or interest holder shall be referred to as claimant.
Upon motion of the State, the court shall first hold a
hearing, wherein any claimant must establish by a
preponderance of the evidence, that he or she has a lawful,
legitimate ownership interest in the property and that it
was obtained through a lawful source.
(4) The answer must be signed by the owner or interest
holder under penalty of perjury and must set forth:
(A) the caption of the proceedings as set forth on
the notice of pending forfeiture and the name of the
claimant;
(B) the address at which the claimant will accept
mail;
(C) the nature and extent of the claimant's
interest in the property;
(D) the date, identity of transferor, and
circumstances of the claimant's acquisition of the
interest in the property;
(E) the name and address of all other persons known
to have an interest in the property;
(F) all essential facts supporting each assertion;
and
(G) the precise relief sought.
(5) The answer must be filed with the court within 45
days after service of the civil in rem complaint.
(6) The hearing must be held within 60 days after
filing of the answer unless continued for good cause.
(7) The State shall show the existence of probable
cause for forfeiture of the property. If the State shows
probable cause, the claimant has the burden of showing by a
preponderance of the evidence that the claimant's interest
in the property is not subject to forfeiture.
(8) If the State does not show existence of probable
cause, the court shall order the interest in the property
returned or conveyed to the claimant and shall order all
other property forfeited to the State. If the State does
show existence of probable cause, the court shall order all
property forfeited to the State.
(9) A defendant convicted in any criminal proceeding is
precluded from later denying the essential allegations of
the criminal offense of which the defendant was convicted
in any proceeding under this Article regardless of the
pendency of an appeal from that conviction. However,
evidence of the pendency of an appeal is admissible.
(10) An acquittal or dismissal in a criminal proceeding
does not preclude civil proceedings under this Article;
however, for good cause shown, on a motion by the State's
Attorney, the court may stay civil forfeiture proceedings
during the criminal trial for a related criminal indictment
or information alleging a money laundering violation. Such
a stay shall not be available pending an appeal. Property
subject to forfeiture under this Article shall not be
subject to return or release by a court exercising
jurisdiction over a criminal case involving the seizure of
such property unless such return or release is consented to
by the State's Attorney.
(11) All property declared forfeited under this
Article vests in this State on the commission of the
conduct giving rise to forfeiture together with the
proceeds of the property after that time. Any such property
or proceeds subsequently transferred to any person remain
subject to forfeiture and thereafter shall be ordered
forfeited.
(12) A civil action under this Article must be
commenced within 5 years after the last conduct giving rise
to forfeiture became known or should have become known or 5
years after the forfeitable property is discovered,
whichever is later, excluding any time during which either
the property or claimant is out of the State or in
confinement or during which criminal proceedings relating
to the same conduct are in progress.
(m) Stay of time periods. If property is seized for
evidence and for forfeiture, the time periods for instituting
judicial and non-judicial forfeiture proceedings shall not
begin until the property is no longer necessary for evidence.
(n) Settlement of claims. Notwithstanding other provisions
of this Article, the State's Attorney and a claimant of seized
property may enter into an agreed-upon settlement concerning
the seized property in such an amount and upon such terms as
are set out in writing in a settlement agreement.
(o) Property constituting attorney fees. Nothing in this
Article applies to property which constitutes reasonable bona
fide attorney's fees paid to an attorney for services rendered
or to be rendered in the forfeiture proceeding or criminal
proceeding relating directly thereto where such property was
paid before its seizure, before the issuance of any seizure
warrant or court order prohibiting transfer of the property and
where the attorney, at the time he or she received the property
did not know that it was property subject to forfeiture under
this Article.
(p) Construction. It is the intent of the General Assembly
that the forfeiture provisions of this Article be liberally
construed so as to effect their remedial purpose. The
forfeiture of property and other remedies hereunder shall be
considered to be in addition to, and not exclusive of, any
sentence or other remedy provided by law.
(q) Judicial review. If property has been declared
forfeited under subsection (k) of this Section, any person who
has an interest in the property declared forfeited may, within
30 days after the effective date of the notice of the
declaration of forfeiture, file a claim and cost bond as
described in paragraph (3) of subsection (k) of this Section.
If a claim and cost bond is filed under this Section, then the
procedures described in subsection (l) of this Section apply.
(r) Burden of proof of exemption or exception. It is not
necessary for the State to negate any exemption or exception in
this Article in any complaint, information, indictment or other
pleading or in any trial, hearing, or other proceeding under
this Article. The burden of proof of any exemption or exception
is upon the person claiming it.
(s) Review of administrative decisions. All administrative
findings, rulings, final determinations, findings, and
conclusions of the State's Attorney's Office under this Article
are final and conclusive decisions of the matters involved. Any
person aggrieved by the decision may obtain review of the
decision pursuant to the provisions of the Administrative
Review Law and the rules adopted pursuant to that Law. Pending
final decision on such review, the administrative acts, orders,
and rulings of the State's Attorney's Office remain in full
force and effect unless modified or suspended by order of court
pending final judicial decision. Pending final decision on such
review, the acts, orders, and rulings of the State's Attorney's
Office remain in full force and effect, unless stayed by order
of court. However, no stay of any decision of the
administrative agency shall issue unless the person aggrieved
by the decision establishes by a preponderance of the evidence
that good cause exists for the stay. In determining good cause,