Bill Text: IL SB2578 | 2011-2012 | 97th General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Creates the Consumer Alternatives Program Act. Directs the Department of Human Services to implement the Consumer Alternatives Program to prevent or avoid the unnecessary institutional care treatment of individuals with mental disorders or a co-occurring disorder of mental illness and substance abuse or addiction and to provide cost effective, community alternatives and supports that enable these individuals to live successfully in the community. Requires implementation of the Program during fiscal year 2013. Makes implementation of the Program dependent upon funds appropriated by the General Assembly. Provides that participants in the program may receive certain services such as a comprehensive evaluation that includes an assessment of skills, abilities, and potential for living in the community and work placement; family or individual support services; case coordination services; and vocational training. Prohibits the denial of program services because of age, sex, ethnic origin, marital status, ability to pay (except when contrary to law), degree of disability, or illness. Requires the Department of Commerce and Economic Opportunity to assist the Department of Human Services in developing housing assistance programs aimed at promoting the ability of individuals with a mental disorder to move from institutions to the most integrated community residence. Effective July 1, 2012.
Spectrum: Slight Partisan Bill (Democrat 5-2)
Status: (Passed) 2012-07-13 - Public Act . . . . . . . . . 97-0798 [SB2578 Detail]
Download: Illinois-2011-SB2578-Amended.html
Bill Title: Creates the Consumer Alternatives Program Act. Directs the Department of Human Services to implement the Consumer Alternatives Program to prevent or avoid the unnecessary institutional care treatment of individuals with mental disorders or a co-occurring disorder of mental illness and substance abuse or addiction and to provide cost effective, community alternatives and supports that enable these individuals to live successfully in the community. Requires implementation of the Program during fiscal year 2013. Makes implementation of the Program dependent upon funds appropriated by the General Assembly. Provides that participants in the program may receive certain services such as a comprehensive evaluation that includes an assessment of skills, abilities, and potential for living in the community and work placement; family or individual support services; case coordination services; and vocational training. Prohibits the denial of program services because of age, sex, ethnic origin, marital status, ability to pay (except when contrary to law), degree of disability, or illness. Requires the Department of Commerce and Economic Opportunity to assist the Department of Human Services in developing housing assistance programs aimed at promoting the ability of individuals with a mental disorder to move from institutions to the most integrated community residence. Effective July 1, 2012.
Spectrum: Slight Partisan Bill (Democrat 5-2)
Status: (Passed) 2012-07-13 - Public Act . . . . . . . . . 97-0798 [SB2578 Detail]
Download: Illinois-2011-SB2578-Amended.html
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1 | AMENDMENT TO SENATE BILL 2578
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2 | AMENDMENT NO. ______. Amend Senate Bill 2578, AS AMENDED, | ||||||
3 | by replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | "Section 5. The Alcoholism and Other Drug Abuse and | ||||||
6 | Dependency Act is amended by changing Section 1-10 as follows:
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7 | (20 ILCS 301/1-10)
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8 | Sec. 1-10. Definitions. As used in this Act, unless the | ||||||
9 | context clearly
indicates otherwise, the following words and | ||||||
10 | terms have the following meanings:
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11 | "Act" means the Alcoholism and Other Drug Abuse and | ||||||
12 | Dependency Act.
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13 | "Addict" means a person who exhibits the disease known as | ||||||
14 | "addiction".
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15 | "Addiction" means a disease process characterized by the | ||||||
16 | continued use of a
specific psycho-active substance despite |
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1 | physical, psychological or social
harm. The term also describes | ||||||
2 | the advanced stages of chemical dependency.
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3 | "Administrator" means a person responsible for | ||||||
4 | administration of a program.
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5 | "Alcoholic" means a person who exhibits the disease known | ||||||
6 | as "alcoholism".
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7 | "Alcoholism" means a chronic and progressive disease or | ||||||
8 | illness
characterized by preoccupation with and loss of control | ||||||
9 | over the consumption of
alcohol, and the use of alcohol despite | ||||||
10 | adverse consequences. Typically,
combinations of the following | ||||||
11 | tendencies are also present: periodic or chronic
intoxication; | ||||||
12 | physical disability; impaired emotional, occupational or | ||||||
13 | social
adjustment; tendency toward relapse; a detrimental | ||||||
14 | effect on the individual,
his family and society; psychological | ||||||
15 | dependence; and physical dependence.
Alcoholism is also known | ||||||
16 | as addiction to alcohol. Alcoholism is described and
further | ||||||
17 | categorized in clinical detail in the DSM and the ICD.
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18 | "Array of services" means assistance to individuals, | ||||||
19 | families and communities
in response to alcohol or other drug | ||||||
20 | abuse or dependency. The array of
services includes, but is not | ||||||
21 | limited to: prevention assistance for communities
and schools; | ||||||
22 | case finding, assessment and intervention to help individuals | ||||||
23 | stop
abusing alcohol or other drugs; a uniform screening, | ||||||
24 | assessment, and evaluation process for substance use disorders | ||||||
25 | and mental disorders; case management; detoxification to aid
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26 | individuals in physically withdrawing from alcohol or other |
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1 | drugs; short-term
and long-term treatment and support services | ||||||
2 | to help individuals and family
members begin the process of | ||||||
3 | recovery; prescription and dispensing of the drug
methadone or | ||||||
4 | other medications as an adjunct to treatment; relapse | ||||||
5 | prevention
services; education and counseling for children or | ||||||
6 | other co-dependents of
alcoholics or other drug abusers or | ||||||
7 | addicts.
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8 | "Case management" means those services which will assist | ||||||
9 | individuals in
gaining access to needed social, educational, | ||||||
10 | medical, treatment and other
services.
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11 | "Children of alcoholics or drug addicts or abusers of | ||||||
12 | alcohol and other
drugs" means the minor or adult children of | ||||||
13 | individuals who have abused or been
dependent upon alcohol or | ||||||
14 | other drugs. These children may or may not become
dependent | ||||||
15 | upon alcohol or other drugs themselves; however, they are | ||||||
16 | physically,
psychologically, and behaviorally at high risk of | ||||||
17 | developing the illness.
Children of alcoholics and other drug | ||||||
18 | abusers experience emotional and other
problems, and benefit | ||||||
19 | from prevention and treatment services provided by funded
and | ||||||
20 | non-funded agencies licensed by the Department.
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21 | "Co-dependents" means individuals who are involved in the | ||||||
22 | lives of and are
affected by people who are dependent upon | ||||||
23 | alcohol and other drugs.
Co-dependents compulsively engage in | ||||||
24 | behaviors that cause them to suffer
adverse physical, | ||||||
25 | emotional, familial, social, behavioral, vocational, and
legal | ||||||
26 | consequences as they attempt to cope with the alcohol or drug |
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1 | dependent
person. People who become co-dependents include | ||||||
2 | spouses, parents, siblings,
and friends of alcohol or drug | ||||||
3 | dependent people. Co-dependents benefit from
prevention and | ||||||
4 | treatment services provided by agencies licensed by the
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5 | Department.
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6 | "Controlled substance" means any substance or immediate | ||||||
7 | precursor which is
enumerated in the schedules of Article II of | ||||||
8 | the Illinois Controlled Substances
Act or the Cannabis Control | ||||||
9 | Act.
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10 | "Crime of violence" means any of the following crimes: | ||||||
11 | murder, voluntary
manslaughter, criminal sexual assault, | ||||||
12 | aggravated criminal sexual assault,
predatory criminal sexual | ||||||
13 | assault of a child,
armed robbery, robbery, arson, kidnapping, | ||||||
14 | aggravated battery, aggravated
arson, or any
other felony which | ||||||
15 | involves the use or threat of physical force or violence
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16 | against another individual.
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17 | "Department" means the Illinois Department of Human | ||||||
18 | Services as successor to
the former Department of Alcoholism | ||||||
19 | and Substance Abuse.
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20 | "Designated program" means a program designated by the | ||||||
21 | Department to provide
services described in subsection (c) or | ||||||
22 | (d) of Section 15-10 of this Act.
A
designated program's | ||||||
23 | primary function is screening, assessing, referring and
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24 | tracking clients identified by the criminal justice system, and | ||||||
25 | the program
agrees to apply statewide the standards, uniform | ||||||
26 | criteria and procedures
established by the Department pursuant |
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1 | to such designation.
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2 | "Detoxification" means the process of allowing an | ||||||
3 | individual to safely
withdraw from a drug in a controlled | ||||||
4 | environment.
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5 | "DSM" means the most current edition of the Diagnostic and | ||||||
6 | Statistical
Manual of Mental Disorders.
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7 | "D.U.I." means driving under the influence of alcohol or | ||||||
8 | other substances
which may cause impairment of driving ability.
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9 | "Facility" means the building or premises which are used | ||||||
10 | for the provision
of licensable program services, including | ||||||
11 | support services, as set forth by
rule.
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12 | "ICD" means the most current edition of the International | ||||||
13 | Classification of
Diseases.
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14 | "Incapacitated" means that a person is unconscious or | ||||||
15 | otherwise exhibits, by
overt behavior or by extreme physical | ||||||
16 | debilitation, an inability to care for
his own needs or to | ||||||
17 | recognize the obvious danger of his situation or to make
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18 | rational decisions with respect to his need for treatment.
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19 | "Intermediary person" means a person with expertise | ||||||
20 | relative to addiction,
alcoholism, and the abuse of alcohol or | ||||||
21 | other drugs who may be called on to
assist the police in | ||||||
22 | carrying out enforcement or other activities with respect
to | ||||||
23 | persons who abuse or are dependent on alcohol or other drugs.
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24 | "Intervention" means readily accessible activities which | ||||||
25 | assist individuals
and their partners or family members in | ||||||
26 | coping with the immediate problems of
alcohol and other drug |
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1 | abuse or dependency, and in reducing their alcohol and
other | ||||||
2 | drug use. Intervention can facilitate emotional and social | ||||||
3 | stability, and
involves referring people for further treatment | ||||||
4 | as needed.
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5 | "Intoxicated person" means a person whose mental or | ||||||
6 | physical functioning is
substantially impaired as a result of | ||||||
7 | the current effects of alcohol or other
drugs within the body.
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8 | "Local advisory council" means an alcohol and substance | ||||||
9 | abuse body
established in a county, township or community area, | ||||||
10 | which represents public
and private entities having an interest | ||||||
11 | in the prevention and treatment of
alcoholism or other drug | ||||||
12 | abuse.
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13 | "Off-site services" means licensable program services or | ||||||
14 | activities which are
conducted at a location separate from the | ||||||
15 | primary service location of the
provider, and which services | ||||||
16 | are operated by a program or entity licensed under
this Act.
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17 | "Person" means any individual, firm, group, association, | ||||||
18 | partnership,
corporation, trust, government or governmental | ||||||
19 | subdivision or agency.
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20 | "Prevention" means an interactive process of individuals, | ||||||
21 | families, schools,
religious organizations, communities and | ||||||
22 | regional, state and national
organizations to reduce | ||||||
23 | alcoholism, prevent the use of illegal drugs and the
abuse of | ||||||
24 | legal drugs by persons of all ages, prevent the use of alcohol | ||||||
25 | by
minors, build the capacities of individuals and systems, and | ||||||
26 | promote healthy
environments, lifestyles and behaviors.
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1 | "Program" means a licensable or fundable activity or | ||||||
2 | service, or a
coordinated range of such activities or services, | ||||||
3 | as the Department may
establish by rule.
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4 | "Recovery" means the long-term, often life-long, process | ||||||
5 | in which an addicted
person changes the way in which he makes | ||||||
6 | decisions and establishes personal and
life priorities. The | ||||||
7 | evolution of this decision-making and priority-setting
process | ||||||
8 | is generally manifested by an obvious improvement in the | ||||||
9 | individual's
life and lifestyle and by his overcoming the abuse | ||||||
10 | of or
dependence on alcohol or other drugs. Recovery is also | ||||||
11 | generally manifested by
prolonged periods of abstinence from | ||||||
12 | addictive chemicals which are not
medically supervised. | ||||||
13 | Recovery is the goal of treatment.
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14 | "Rehabilitation" means a process whereby those clinical | ||||||
15 | services necessary
and appropriate for improving an | ||||||
16 | individual's life and lifestyle and for
overcoming his or her | ||||||
17 | abuse of or dependency upon alcohol or other drugs, or
both, | ||||||
18 | are delivered in an appropriate setting and manner as defined | ||||||
19 | in rules
established by the Department.
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20 | "Relapse" means a process which is manifested by a | ||||||
21 | progressive pattern of
behavior that reactivates the symptoms | ||||||
22 | of a disease or creates debilitating
conditions in an | ||||||
23 | individual who has experienced remission from addiction or
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24 | alcoholism.
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25 | "Secretary" means the Secretary of Human Services or his or | ||||||
26 | her designee.
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1 | "Substance abuse" or "abuse" means a pattern of use of | ||||||
2 | alcohol or other drugs
with the potential of leading to | ||||||
3 | immediate functional problems or to alcoholism
or other drug | ||||||
4 | dependency, or to the use of alcohol and/or other drugs solely
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5 | for purposes of intoxication. The term also means the use of | ||||||
6 | illegal drugs by
persons of any age, and the use of alcohol by | ||||||
7 | persons under the age of 21.
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8 | "Treatment" means the broad range of emergency, | ||||||
9 | outpatient, intermediate
and residential services and care | ||||||
10 | (including assessment, diagnosis, medical,
psychiatric, | ||||||
11 | psychological and social services, care and counseling, and
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12 | aftercare) which may be extended to individuals who abuse or | ||||||
13 | are dependent
on alcohol or other drugs or families of those | ||||||
14 | persons.
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15 | (Source: P.A. 89-202, eff. 7-21-95; 89-428, eff. 12-13-95; | ||||||
16 | 89-462, eff.
5-29-96; 89-507, eff. 7-1-97; 90-14, eff. 7-1-97; | ||||||
17 | 90-135, eff. 7-22-97.)
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18 | Section 10. The Community Services Act is amended by | ||||||
19 | changing Section 2 as follows:
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20 | (405 ILCS 30/2) (from Ch. 91 1/2, par. 902)
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21 | Sec. 2. Community Services System. Services should be | ||||||
22 | planned,
developed, delivered and evaluated as part of a | ||||||
23 | comprehensive and
coordinated system. The Department of Human | ||||||
24 | Services
shall encourage the establishment of services in each |
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1 | area of the State
which cover the services categories described | ||||||
2 | below. What specific
services are provided under each service | ||||||
3 | category shall be based on local
needs; special attention shall | ||||||
4 | be given to unserved and underserved
populations, including | ||||||
5 | children and youth, racial and ethnic minorities,
and the | ||||||
6 | elderly. The service categories shall include:
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7 | (a) Prevention: services designed primarily to reduce the | ||||||
8 | incidence
and ameliorate the severity of developmental | ||||||
9 | disabilities, mental illness and
alcohol and drug dependence;
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10 | (b) Client Assessment and Diagnosis: services designed to | ||||||
11 | identify
persons with developmental disabilities, mental | ||||||
12 | illness and alcohol and
drug dependency; to determine the | ||||||
13 | extent of the disability and the level of
functioning; to | ||||||
14 | ensure the individual's need for treatment of mental disorders | ||||||
15 | or substance use disorders is determined using a uniform | ||||||
16 | screening, assessment, and evaluation process; information | ||||||
17 | obtained through client evaluation can be used in
individual | ||||||
18 | treatment and habilitation plans; to assure appropriate
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19 | placement and to assist in program evaluation;
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20 | (c) Case Coordination: services to provide information and | ||||||
21 | assistance to
disabled persons to insure that they obtain | ||||||
22 | needed services provided by the
private and public sectors; | ||||||
23 | case coordination services should be available
to individuals | ||||||
24 | whose functioning level or history of institutional
recidivism | ||||||
25 | or long-term care indicate that such assistance is required for
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26 | successful community living;
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1 | (d) Crisis and Emergency: services to assist individuals | ||||||
2 | and
their families through crisis periods, to stabilize | ||||||
3 | individuals under stress
and to prevent unnecessary | ||||||
4 | institutionalization;
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5 | (e) Treatment, Habilitation and Support: services designed | ||||||
6 | to help
individuals develop skills which promote independence | ||||||
7 | and improved levels
of social and vocational functioning and | ||||||
8 | personal growth; and to provide
non-treatment support services | ||||||
9 | which are necessary for successful
community living;
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10 | (f) Community Residential Alternatives to Institutional | ||||||
11 | Settings:
services to provide living arrangements for persons | ||||||
12 | unable to live
independently; the level of supervision, | ||||||
13 | services provided and length of
stay at community residential | ||||||
14 | alternatives will vary by the type of program
and the needs and | ||||||
15 | functioning level of the residents; other services may be
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16 | provided in a community residential alternative which promote | ||||||
17 | the
acquisition of independent living skills and integration | ||||||
18 | with the community.
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19 | (Source: P.A. 89-507, eff. 7-1-97.)
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20 | Section 99. Effective date. This Act takes effect upon | ||||||
21 | becoming law.".
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