Bill Text: IL SB2834 | 2017-2018 | 100th General Assembly | Introduced


Bill Title: Amends the Alcoholism and Other Drug Abuse and Dependency Act. Changes the short title of the Act to the Substance Use Disorder Act. Removes the terms "addict", "addiction", "alcoholic", "alcoholism", and "substance abuse" and their corresponding definitions. Requires the Department of Human Services to reduce the incidence of substance use disorders (rather than reduce the incidence and consequences of the abuse of alcohol and other drugs). Defines "substance use disorder". Requires the Department to design, coordinate, and fund prevention, early intervention, treatment, and other recovery support services for substance use disorders that are accessible and address the needs of at-risk individuals and their families. Requires the Department to develop a comprehensive plan on the provision of such services; assist other State agencies in developing and establishing substance use disorder services for the agencies' clients; adopt medical and clinical standards on how to determine a substance use disorder diagnosis; and other matters. Contains provisions concerning the licensing of substance use disorder treatment providers; licensure categories and services; the identification of individuals who need substance use disorder treatment using "SBIRT"; patients' rights; services for pregnant women, mothers, and criminal justice clients; and other matters. Repeals a provision of the Act establishing the Committee on Women's Alcohol and Substance Abuse Treatment. Repeals a provision of the Act setting forth the powers and duties of the Medical Advisory Committee. Makes conforming changes concerning the Substance Use Disorder Act to several Acts including the Department of Human Services Act, the Children and Family Services Act, and the Mental Health and Developmental Disabilities Administrative Act. Effective January 1, 2019.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2018-04-20 - Senate Floor Amendment No. 1 Referred to Assignments [SB2834 Detail]

Download: Illinois-2017-SB2834-Introduced.html


100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB2834

Introduced 2/13/2018, by Sen. Dave Syverson

SYNOPSIS AS INTRODUCED:
See Index

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.
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FISCAL NOTE ACT MAY APPLY

A BILL FOR

SB2834LRB100 16078 KTG 33917 b
1 AN ACT concerning State government.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Alcoholism and Other Drug Abuse and
5Dependency Act is amended by changing the title of the Act and
6by changing Sections 1-1, 1-5, 1-10, 5-5, 5-10, 5-20, 5-23,
710-5, 10-10, 10-15, 10-35, 15-5, 15-10, 20-5, 20-10, 20-15,
825-5, 25-10, 25-15, 25-20, 30-5, 35-5, 35-10, 40-5, 40-10,
940-15, 45-5, 50-10, 50-20, 50-40, 55-25, and 55-30 and the
10heading of Article 40 as follows:
11 (20 ILCS 301/Act title)
12An Act in relation to substance use disorders alcoholism,
13other drug abuse and dependency, and compulsive gambling, and
14amending and repealing named Acts.
15 (20 ILCS 301/1-1)
16 Sec. 1-1. Short Title. This Act may be cited as the
17Substance Use Disorder Act. Alcoholism and Other Drug Abuse and
18Dependency Act.
19(Source: P.A. 88-80.)
20 (20 ILCS 301/1-5)
21 Sec. 1-5. Legislative Declaration. Substance use

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1disorders, as defined in this Act, constitute The abuse and
2misuse of alcohol and other drugs constitutes a serious public
3health problem. The effects the effects of which on public
4safety and the criminal justice system cause serious social and
5economic losses, as well as great human suffering. It is
6imperative that a comprehensive and coordinated strategy be
7developed under the leadership of a State agency. This strategy
8should be and implemented through the facilities of federal and
9local government and community-based agencies (which may be
10public or private, volunteer or professional). Through local
11prevention, early intervention, treatment, and other recovery
12support services, this strategy should empower those
13struggling with substance use disorders (and, when
14appropriate, the families of those persons) to lead healthy
15lives and become productive citizens in the community. to
16empower individuals and communities through local prevention
17efforts and to provide intervention, treatment, rehabilitation
18and other services to those who misuse alcohol or other drugs
19(and, when appropriate, the families of those persons) to lead
20healthy and drug-free lives and become productive citizens in
21the community.
22 The human, social, and economic benefits of preventing
23substance use disorders alcohol and other drug abuse and
24dependence are great, and it is imperative that there be
25interagency cooperation in the planning and delivery of
26prevention, early intervention, treatment, and other recovery

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1support services in Illinois. alcohol and other drug abuse
2prevention, intervention, and treatment efforts in Illinois.
3 The provisions of this Act shall be liberally construed to
4enable the Department to carry out these objectives and
5purposes.
6(Source: P.A. 88-80.)
7 (20 ILCS 301/1-10)
8 Sec. 1-10. Definitions. As used in this Act, unless the
9context clearly indicates otherwise, the following words and
10terms have the following meanings:
11 "Case management" means a coordinated approach to the
12delivery of health, substance use disorder treatment, mental
13health treatment, and social services, linking patients with
14appropriate services to address specific needs and achieve
15stated goals. In general, case management assists patients with
16other disorders and conditions that require multiple services
17over extended periods of time and who face difficulty in
18gaining access to those services.
19 "Crime of violence" means any of the following crimes:
20murder, voluntary manslaughter, criminal sexual assault,
21aggravated criminal sexual assault, predatory criminal sexual
22assault of a child, armed robbery, robbery, arson, kidnapping,
23aggravated battery, aggravated arson, or any other felony that
24involves the use or threat of physical force or violence
25against another individual.

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1 "Department" means the Department of Human Services.
2 "DUI" means driving under the influence of alcohol or other
3drugs.
4 "Early intervention" means services, authorized by a
5treatment license, that are sub-clinical and pre-diagnostic
6and that are designed to screen, identify, and address risk
7factors that may be related to problems associated with
8substance use disorders and to assist individuals in
9recognizing harmful consequences. Early intervention services
10facilitate emotional and social stability and involves
11referrals for treatment, as needed.
12 "Facility" means the building or premises are used for the
13provision of licensable services, including support services,
14as set forth by rule.
15 "Gambling disorder" means persistent and recurring
16maladaptive gambling behavior that disrupts personal, family,
17or vocational pursuits.
18 "Holds itself out" means any activity that would lead one
19to reasonably conclude that the individual or entity provides
20or intends to provide licensable substance-related disorder
21intervention or treatment services. Such activities include,
22but are not limited to, advertisements, notices, statements, or
23contractual arrangements with managed care organizations,
24private health insurance, or employee assistance programs to
25provide services that require a license as specified in Article
2615.

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1 "Informed consent" means legally valid written consent,
2given by a client, patient, or legal guardian, that authorizes
3intervention or treatment services from a licensed
4organization and that documents agreement to participate in
5those services and knowledge of the consequences of withdrawal
6from such services. Informed consent also acknowledges the
7client's or patient's right to a conflict-free choice of
8services from any licensed organization and the potential risks
9and benefits of selected services.
10 "Intoxicated person" means a person whose mental or
11physical functioning is substantially impaired as a result of
12the current effects of alcohol or other drugs within the body.
13 "Medication assisted treatment" means the prescription of
14medications that are approved by the U.S. Food and Drug
15Administration and the Center for Substance Abuse Treatment to
16assist with treatment for a substance use disorder and to
17support recovery for individuals receiving services in a
18facility licensed by the Department. Medication assisted
19treatment includes opioid treatment services as authorized by a
20Department license.
21 "Off-site services" means licensable services are
22conducted at a location separate from the licensed location of
23the provider, and services are operated by an entity licensed
24under this Act and approved in advance by the Department.
25 "Person" means any individual, firm, group, association,
26partnership, corporation, trust, government or governmental

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1subdivision or agency.
2 "Prevention" means an interactive process of individuals,
3families, schools, religious organizations, communities and
4regional, state and national organizations whose goals are to
5reduce the prevalence of substance use disorders, prevent the
6use of illegal drugs and the abuse of legal drugs by persons of
7all ages, prevent the use of alcohol by minors, build the
8capacities of individuals and systems, and promote healthy
9environments, lifestyles, and behaviors.
10 "Recovery" means the long-term, often lifelong, process in
11a person with a substance use disorder changes the way in he or
12she makes decisions and establishes personal and life
13priorities. The evolution of this decision-making and
14priority-setting process is generally manifested by an obvious
15improvement in the individual's life and lifestyle and by his
16or her overcoming the substance use disorder. Recovery is the
17goal of treatment.
18 "Recovery support" means an organized recovery maintenance
19service, delivered in a wide variety of settings, for
20individuals with substance use disorders who are either
21recovering from such disorder or in treatment or have been
22discharged from treatment. Designed to support individual
23recovery, these services may be provided directly to the
24individual or on behalf of the individual. Examples of such
25services include: recovery support groups; recovery homes or
26residences, individual recovery checkups; follow-up contacts

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1and service coordination to obtain transportation, employment,
2treatment, education, housing, or other applicable entitlement
3services.
4 "Secretary" means the Secretary of the Department of Human
5Services or his or her designee.
6 "Substance use disorder" means a disorder that encompasses
710 separate classes of drugs: alcohol; caffeine; cannabis;
8hallucinogens; inhalants; opioids; sedatives, hypnotics and
9anxiolytics; stimulants; tobacco; and other unknown
10substances.
11 "Treatment" means the broad range of emergency,
12outpatient, and residential care (including assessment,
13diagnosis, case management, treatment, and recovery support
14planning) may be extended to individuals with substance use
15disorders or to the families of those persons.
16 "Act" means the Alcoholism and Other Drug Abuse and
17Dependency Act.
18 "Addict" means a person who exhibits the disease known as
19"addiction".
20 "Addiction" means a disease process characterized by the
21continued use of a specific psycho-active substance despite
22physical, psychological or social harm. The term also describes
23the advanced stages of chemical dependency.
24 "Administrator" means a person responsible for
25administration of a program.
26 "Alcoholic" means a person who exhibits the disease known

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1as "alcoholism".
2 "Alcoholism" means a chronic and progressive disease or
3illness characterized by preoccupation with and loss of control
4over the consumption of alcohol, and the use of alcohol despite
5adverse consequences. Typically, combinations of the following
6tendencies are also present: periodic or chronic intoxication;
7physical disability; impaired emotional, occupational or
8social adjustment; tendency toward relapse; a detrimental
9effect on the individual, his family and society; psychological
10dependence; and physical dependence. Alcoholism is also known
11as addiction to alcohol. Alcoholism is described and further
12categorized in clinical detail in the DSM and the ICD.
13 "Array of services" means assistance to individuals,
14families and communities in response to alcohol or other drug
15abuse or dependency. The array of services includes, but is not
16limited to: prevention assistance for communities and schools;
17case finding, assessment and intervention to help individuals
18stop abusing alcohol or other drugs; a uniform screening,
19assessment, and evaluation process including criteria for
20substance use disorders and mental disorders or co-occurring
21substance use and mental health disorders; case management;
22detoxification to aid individuals in physically withdrawing
23from alcohol or other drugs; short-term and long-term treatment
24and support services to help individuals and family members
25begin the process of recovery; prescription and dispensing of
26the drug methadone or other medications as an adjunct to

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1treatment; relapse prevention services; education and
2counseling for children or other co-dependents of alcoholics or
3other drug abusers or addicts. For purposes of this Section, a
4uniform screening, assessment, and evaluation process refers
5to a process that includes an appropriate evaluation and, as
6warranted, a referral. "Uniform" does not mean the use of a
7singular instrument, tool, or process that all must utilize.
8 "Case management" means those services which will assist
9individuals in gaining access to needed social, educational,
10medical, treatment and other services.
11 "Children of alcoholics or drug addicts or abusers of
12alcohol and other drugs" means the minor or adult children of
13individuals who have abused or been dependent upon alcohol or
14other drugs. These children may or may not become dependent
15upon alcohol or other drugs themselves; however, they are
16physically, psychologically, and behaviorally at high risk of
17developing the illness. Children of alcoholics and other drug
18abusers experience emotional and other problems, and benefit
19from prevention and treatment services provided by funded and
20non-funded agencies licensed by the Department.
21 "Co-dependents" means individuals who are involved in the
22lives of and are affected by people who are dependent upon
23alcohol and other drugs. Co-dependents compulsively engage in
24behaviors that cause them to suffer adverse physical,
25emotional, familial, social, behavioral, vocational, and legal
26consequences as they attempt to cope with the alcohol or drug

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1dependent person. People who become co-dependents include
2spouses, parents, siblings, and friends of alcohol or drug
3dependent people. Co-dependents benefit from prevention and
4treatment services provided by agencies licensed by the
5Department.
6 "Controlled substance" means any substance or immediate
7precursor which is enumerated in the schedules of Article II of
8the Illinois Controlled Substances Act or the Cannabis Control
9Act.
10 "Crime of violence" means any of the following crimes:
11murder, voluntary manslaughter, criminal sexual assault,
12aggravated criminal sexual assault, predatory criminal sexual
13assault of a child, armed robbery, robbery, arson, kidnapping,
14aggravated battery, aggravated arson, or any other felony which
15involves the use or threat of physical force or violence
16against another individual.
17 "Department" means the Illinois Department of Human
18Services as successor to the former Department of Alcoholism
19and Substance Abuse.
20 "Designated program" means a program designated by the
21Department to provide services described in subsection (c) or
22(d) of Section 15-10 of this Act. A designated program's
23primary function is screening, assessing, referring and
24tracking clients identified by the criminal justice system, and
25the program agrees to apply statewide the standards, uniform
26criteria and procedures established by the Department pursuant

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1to such designation.
2 "Detoxification" means the process of allowing an
3individual to safely withdraw from a drug in a controlled
4environment.
5 "DSM" means the most current edition of the Diagnostic and
6Statistical Manual of Mental Disorders.
7 "D.U.I." means driving under the influence of alcohol or
8other substances which may cause impairment of driving ability.
9 "Facility" means the building or premises which are used
10for the provision of licensable program services, including
11support services, as set forth by rule.
12 "ICD" means the most current edition of the International
13Classification of Diseases.
14 "Incapacitated" means that a person is unconscious or
15otherwise exhibits, by overt behavior or by extreme physical
16debilitation, an inability to care for his own needs or to
17recognize the obvious danger of his situation or to make
18rational decisions with respect to his need for treatment.
19 "Intermediary person" means a person with expertise
20relative to addiction, alcoholism, and the abuse of alcohol or
21other drugs who may be called on to assist the police in
22carrying out enforcement or other activities with respect to
23persons who abuse or are dependent on alcohol or other drugs.
24 "Intervention" means readily accessible activities which
25assist individuals and their partners or family members in
26coping with the immediate problems of alcohol and other drug

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1abuse or dependency, and in reducing their alcohol and other
2drug use. Intervention can facilitate emotional and social
3stability, and involves referring people for further treatment
4as needed.
5 "Intoxicated person" means a person whose mental or
6physical functioning is substantially impaired as a result of
7the current effects of alcohol or other drugs within the body.
8 "Local advisory council" means an alcohol and substance
9abuse body established in a county, township or community area,
10which represents public and private entities having an interest
11in the prevention and treatment of alcoholism or other drug
12abuse.
13 "Off-site services" means licensable program services or
14activities which are conducted at a location separate from the
15primary service location of the provider, and which services
16are operated by a program or entity licensed under this Act.
17 "Person" means any individual, firm, group, association,
18partnership, corporation, trust, government or governmental
19subdivision or agency.
20 "Prevention" means an interactive process of individuals,
21families, schools, religious organizations, communities and
22regional, state and national organizations to reduce
23alcoholism, prevent the use of illegal drugs and the abuse of
24legal drugs by persons of all ages, prevent the use of alcohol
25by minors, build the capacities of individuals and systems, and
26promote healthy environments, lifestyles and behaviors.

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1 "Program" means a licensable or fundable activity or
2service, or a coordinated range of such activities or services,
3as the Department may establish by rule.
4 "Recovery" means the long-term, often life-long, process
5in which an addicted person changes the way in which he makes
6decisions and establishes personal and life priorities. The
7evolution of this decision-making and priority-setting process
8is generally manifested by an obvious improvement in the
9individual's life and lifestyle and by his overcoming the abuse
10of or dependence on alcohol or other drugs. Recovery is also
11generally manifested by prolonged periods of abstinence from
12addictive chemicals which are not medically supervised.
13Recovery is the goal of treatment.
14 "Rehabilitation" means a process whereby those clinical
15services necessary and appropriate for improving an
16individual's life and lifestyle and for overcoming his or her
17abuse of or dependency upon alcohol or other drugs, or both,
18are delivered in an appropriate setting and manner as defined
19in rules established by the Department.
20 "Relapse" means a process which is manifested by a
21progressive pattern of behavior that reactivates the symptoms
22of a disease or creates debilitating conditions in an
23individual who has experienced remission from addiction or
24alcoholism.
25 "Secretary" means the Secretary of Human Services or his or
26her designee.

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1 "Substance abuse" or "abuse" means a pattern of use of
2alcohol or other drugs with the potential of leading to
3immediate functional problems or to alcoholism or other drug
4dependency, or to the use of alcohol and/or other drugs solely
5for purposes of intoxication. The term also means the use of
6illegal drugs by persons of any age, and the use of alcohol by
7persons under the age of 21.
8 "Treatment" means the broad range of emergency,
9outpatient, intermediate and residential services and care
10(including assessment, diagnosis, medical, psychiatric,
11psychological and social services, care and counseling, and
12aftercare) which may be extended to individuals who abuse or
13are dependent on alcohol or other drugs or families of those
14persons.
15(Source: P.A. 97-1061, eff. 8-24-12.)
16 (20 ILCS 301/5-5)
17 Sec. 5-5. Successor department; home rule.
18 (a) The Department of Human Services, as successor to the
19Department of Alcoholism and Substance Abuse, shall assume the
20various rights, powers, duties, and functions provided for in
21this Act.
22 (b) It is declared to be the public policy of this State,
23pursuant to paragraphs (h) and (i) of Section 6 of Article VII
24of the Illinois Constitution of 1970, that the powers and
25functions set forth in this Act and expressly delegated to the

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1Department are exclusive State powers and functions. Nothing
2herein prohibits the exercise of any power or the performance
3of any function, including the power to regulate, for the
4protection of the public health, safety, morals and welfare, by
5any unit of local government, other than the powers and
6functions set forth in this Act and expressly delegated to the
7Department to be exclusive State powers and functions.
8 (c) The Department shall, through accountable and
9efficient leadership, example and commitment to excellence,
10strive to reduce the incidence of substance use disorders by:
11and consequences of the abuse of alcohol and other drugs by:
12 (1) fostering public understanding of substance use
13 disorders and how they affect individuals, families, and
14 communities. alcoholism and addiction as illnesses which
15 affect individuals, co-dependents, families and
16 communities.
17 (2) promoting healthy lifestyles.
18 (3) promoting understanding and support for sound
19 public policies.
20 (4) ensuring quality prevention, early intervention,
21 treatment, and other recovery support intervention and
22 treatment programs and services that which are accessible
23 and responsive to the diverse needs of individuals,
24 families, and communities.
25(Source: P.A. 88-80; 89-202, eff. 7-21-95; 89-507, eff.
267-1-97.)

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1 (20 ILCS 301/5-10)
2 (Text of Section before amendment by P.A. 100-494)
3 Sec. 5-10. Functions of the Department.
4 (a) In addition to the powers, duties and functions vested
5in the Department by this Act, or by other laws of this State,
6the Department shall carry out the following activities:
7 (1) Design, coordinate and fund a comprehensive and
8 coordinated community-based and culturally and
9 gender-appropriate array of services throughout the State
10 for the prevention, intervention, treatment and
11 rehabilitation of alcohol and other drug abuse and
12 dependency that is accessible and addresses the needs of
13 at-risk or addicted individuals and their families.
14 (2) Act as the exclusive State agency to accept,
15 receive and expend, pursuant to appropriation, any public
16 or private monies, grants or services, including those
17 received from the federal government or from other State
18 agencies, for the purpose of providing an array of services
19 for the prevention, intervention, treatment and
20 rehabilitation of alcoholism or other drug abuse or
21 dependency. Monies received by the Department shall be
22 deposited into appropriate funds as may be created by State
23 law or administrative action.
24 (3) Coordinate a statewide strategy among State
25 agencies for the prevention, intervention, treatment and

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1 rehabilitation of alcohol and other drug abuse and
2 dependency. This strategy shall include the development of
3 an annual comprehensive State plan for the provision of an
4 array of services for education, prevention, intervention,
5 treatment, relapse prevention and other services and
6 activities to alleviate alcoholism and other drug abuse and
7 dependency. The plan shall be based on local
8 community-based needs and upon data including, but not
9 limited to, that which defines the prevalence of and costs
10 associated with the abuse of and dependency upon alcohol
11 and other drugs. This comprehensive State plan shall
12 include identification of problems, needs, priorities,
13 services and other pertinent information, including the
14 needs of minorities and other specific populations in the
15 State, and shall describe how the identified problems and
16 needs will be addressed. For purposes of this paragraph,
17 the term "minorities and other specific populations" may
18 include, but shall not be limited to, groups such as women,
19 children, intravenous drug users, persons with AIDS or who
20 are HIV infected, African-Americans, Puerto Ricans,
21 Hispanics, Asian Americans, the elderly, persons in the
22 criminal justice system, persons who are clients of
23 services provided by other State agencies, persons with
24 disabilities and such other specific populations as the
25 Department may from time to time identify. In developing
26 the plan, the Department shall seek input from providers,

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1 parent groups, associations and interested citizens.
2 Beginning with State fiscal year 1996, the annual
3 comprehensive State plan developed under this Section
4 shall include an explanation of the rationale to be used in
5 ensuring that funding shall be based upon local community
6 needs, including, but not limited to, the incidence and
7 prevalence of, and costs associated with, the abuse of and
8 dependency upon alcohol and other drugs, as well as upon
9 demonstrated program performance.
10 The annual comprehensive State plan developed under
11 this Section shall contain a report detailing the
12 activities of and progress made by the programs for the
13 care and treatment of addicted pregnant women, addicted
14 mothers and their children established under subsection
15 (j) of Section 35-5 of this Act.
16 Each State agency which provides or funds alcohol or
17 drug prevention, intervention and treatment services shall
18 annually prepare an agency plan for providing such
19 services, and these shall be used by the Department in
20 preparing the annual comprehensive statewide plan. Each
21 agency's annual plan for alcohol and drug abuse services
22 shall contain a report on the activities and progress of
23 such services in the prior year. The Department may provide
24 technical assistance to other State agencies, as required,
25 in the development of their agency plans.
26 (4) Lead, foster and develop cooperation, coordination

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1 and agreements among federal and State governmental
2 agencies and local providers that provide assistance,
3 services, funding or other functions, peripheral or
4 direct, in the prevention, intervention, treatment or
5 rehabilitation of alcoholism and other drug abuse and
6 dependency. This shall include, but shall not be limited
7 to, the following:
8 (A) Cooperate with and assist the Department of
9 Corrections and the Department on Aging in
10 establishing and conducting programs relating to
11 alcoholism and other drug abuse and dependency among
12 those populations which they respectively serve.
13 (B) Cooperate with and assist the Illinois
14 Department of Public Health in the establishment,
15 funding and support of programs and services for the
16 promotion of maternal and child health and the
17 prevention and treatment of infectious diseases,
18 including but not limited to HIV infection, especially
19 with respect to those persons who may abuse drugs by
20 intravenous injection, or may have been sexual
21 partners of drug abusers, or may have abused substances
22 so that their immune systems are impaired, causing them
23 to be at high risk.
24 (C) Supply to the Department of Public Health and
25 prenatal care providers a list of all alcohol and other
26 drug abuse service providers for addicted pregnant

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1 women in this State.
2 (D) Assist in the placement of child abuse or
3 neglect perpetrators (identified by the Illinois
4 Department of Children and Family Services) who have
5 been determined to be in need of alcohol or other drug
6 abuse services pursuant to Section 8.2 of the Abused
7 and Neglected Child Reporting Act.
8 (E) Cooperate with and assist the Illinois
9 Department of Children and Family Services in carrying
10 out its mandates to:
11 (i) identify alcohol and other drug abuse
12 issues among its clients and their families; and
13 (ii) develop programs and services to deal
14 with such problems.
15 These programs and services may include, but shall not
16 be limited to, programs to prevent the abuse of alcohol
17 or other drugs by DCFS clients and their families,
18 rehabilitation services, identifying child care needs
19 within the array of alcohol and other drug abuse
20 services, and assistance with other issues as
21 required.
22 (F) Cooperate with and assist the Illinois
23 Criminal Justice Information Authority with respect to
24 statistical and other information concerning drug
25 abuse incidence and prevalence.
26 (G) Cooperate with and assist the State

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1 Superintendent of Education, boards of education,
2 schools, police departments, the Illinois Department
3 of State Police, courts and other public and private
4 agencies and individuals in establishing prevention
5 programs statewide and preparing curriculum materials
6 for use at all levels of education. An agreement shall
7 be entered into with the State Superintendent of
8 Education to assist in the establishment of such
9 programs.
10 (H) Cooperate with and assist the Illinois
11 Department of Healthcare and Family Services in the
12 development and provision of services offered to
13 recipients of public assistance for the treatment and
14 prevention of alcoholism and other drug abuse and
15 dependency.
16 (I) Provide training recommendations to other
17 State agencies funding alcohol or other drug abuse
18 prevention, intervention, treatment or rehabilitation
19 services.
20 (5) From monies appropriated to the Department from the
21 Drunk and Drugged Driving Prevention Fund, make grants to
22 reimburse DUI evaluation and remedial education programs
23 licensed by the Department for the costs of providing
24 indigent persons with free or reduced-cost services
25 relating to a charge of driving under the influence of
26 alcohol or other drugs.

SB2834- 22 -LRB100 16078 KTG 33917 b
1 (6) Promulgate regulations to provide appropriate
2 standards for publicly and privately funded programs as
3 well as for levels of payment to government funded programs
4 which provide an array of services for prevention,
5 intervention, treatment and rehabilitation for alcoholism
6 and other drug abuse or dependency.
7 (7) In consultation with local service providers,
8 specify a uniform statistical methodology for use by
9 agencies, organizations, individuals and the Department
10 for collection and dissemination of statistical
11 information regarding services related to alcoholism and
12 other drug use and abuse. This shall include prevention
13 services delivered, the number of persons treated,
14 frequency of admission and readmission, and duration of
15 treatment.
16 (8) Receive data and assistance from federal, State and
17 local governmental agencies, and obtain copies of
18 identification and arrest data from all federal, State and
19 local law enforcement agencies for use in carrying out the
20 purposes and functions of the Department.
21 (9) Designate and license providers to conduct
22 screening, assessment, referral and tracking of clients
23 identified by the criminal justice system as having
24 indications of alcoholism or other drug abuse or dependency
25 and being eligible to make an election for treatment under
26 Section 40-5 of this Act, and assist in the placement of

SB2834- 23 -LRB100 16078 KTG 33917 b
1 individuals who are under court order to participate in
2 treatment.
3 (10) Designate medical examination and other programs
4 for determining alcoholism and other drug abuse and
5 dependency.
6 (11) Encourage service providers who receive financial
7 assistance in any form from the State to assess and collect
8 fees for services rendered.
9 (12) Make grants with funds appropriated from the Drug
10 Treatment Fund in accordance with Section 7 of the
11 Controlled Substance and Cannabis Nuisance Act, or in
12 accordance with Section 80 of the Methamphetamine Control
13 and Community Protection Act, or in accordance with
14 subsections (h) and (i) of Section 411.2 of the Illinois
15 Controlled Substances Act.
16 (13) Encourage all health and disability insurance
17 programs to include alcoholism and other drug abuse and
18 dependency as a covered illness.
19 (14) Make such agreements, grants-in-aid and
20 purchase-care arrangements with any other department,
21 authority or commission of this State, or any other state
22 or the federal government or with any public or private
23 agency, including the disbursement of funds and furnishing
24 of staff, to effectuate the purposes of this Act.
25 (15) Conduct a public information campaign to inform
26 the State's Hispanic residents regarding the prevention

SB2834- 24 -LRB100 16078 KTG 33917 b
1 and treatment of alcoholism.
2 (b) In addition to the powers, duties and functions vested
3in it by this Act, or by other laws of this State, the
4Department may undertake, but shall not be limited to, the
5following activities:
6 (1) Require all programs funded by the Department to
7 include an education component to inform participants
8 regarding the causes and means of transmission and methods
9 of reducing the risk of acquiring or transmitting HIV
10 infection, and to include funding for such education
11 component in its support of the program.
12 (2) Review all State agency applications for federal
13 funds which include provisions relating to the prevention,
14 early intervention and treatment of alcoholism and other
15 drug abuse and dependency in order to ensure consistency
16 with the comprehensive statewide plan developed pursuant
17 to this Act.
18 (3) Prepare, publish, evaluate, disseminate and serve
19 as a central repository for educational materials dealing
20 with the nature and effects of alcoholism and other drug
21 abuse and dependency. Such materials may deal with the
22 educational needs of the citizens of Illinois, and may
23 include at least pamphlets which describe the causes and
24 effects of fetal alcohol syndrome, which the Department may
25 distribute free of charge to each county clerk in
26 sufficient quantities that the county clerk may provide a

SB2834- 25 -LRB100 16078 KTG 33917 b
1 pamphlet to the recipients of all marriage licenses issued
2 in the county.
3 (4) Develop and coordinate, with regional and local
4 agencies, education and training programs for persons
5 engaged in providing the array of services for persons
6 having alcoholism or other drug abuse and dependency
7 problems, which programs may include specific HIV
8 education and training for program personnel.
9 (5) Cooperate with and assist in the development of
10 education, prevention and treatment programs for employees
11 of State and local governments and businesses in the State.
12 (6) Utilize the support and assistance of interested
13 persons in the community, including recovering addicts and
14 alcoholics, to assist individuals and communities in
15 understanding the dynamics of addiction, and to encourage
16 individuals with alcohol or other drug abuse or dependency
17 problems to voluntarily undergo treatment.
18 (7) Promote, conduct, assist or sponsor basic
19 clinical, epidemiological and statistical research into
20 alcoholism and other drug abuse and dependency, and
21 research into the prevention of those problems either
22 solely or in conjunction with any public or private agency.
23 (8) Cooperate with public and private agencies,
24 organizations and individuals in the development of
25 programs, and to provide technical assistance and
26 consultation services for this purpose.

SB2834- 26 -LRB100 16078 KTG 33917 b
1 (9) Publish or provide for the publishing of a manual
2 to assist medical and social service providers in
3 identifying alcoholism and other drug abuse and dependency
4 and coordinating the multidisciplinary delivery of
5 services to addicted pregnant women, addicted mothers and
6 their children. The manual may be used only to provide
7 information and may not be used by the Department to
8 establish practice standards. The Department may not
9 require recipients to use specific providers nor may they
10 require providers to refer recipients to specific
11 providers. The manual may include, but need not be limited
12 to, the following:
13 (A) Information concerning risk assessments of
14 women seeking prenatal, natal, and postnatal medical
15 care.
16 (B) Information concerning risk assessments of
17 infants who may be substance-affected.
18 (C) Protocols that have been adopted by the
19 Illinois Department of Children and Family Services
20 for the reporting and investigation of allegations of
21 child abuse or neglect under the Abused and Neglected
22 Child Reporting Act.
23 (D) Summary of procedures utilized in juvenile
24 court in cases of children alleged or found to be
25 abused or neglected as a result of being born to
26 addicted women.

SB2834- 27 -LRB100 16078 KTG 33917 b
1 (E) Information concerning referral of addicted
2 pregnant women, addicted mothers and their children by
3 medical, social service, and substance abuse treatment
4 providers, by the Departments of Children and Family
5 Services, Public Aid, Public Health, and Human
6 Services.
7 (F) Effects of substance abuse on infants and
8 guidelines on the symptoms, care, and comfort of
9 drug-withdrawing infants.
10 (G) Responsibilities of the Illinois Department of
11 Public Health to maintain statistics on the number of
12 children in Illinois addicted at birth.
13 (10) To the extent permitted by federal law or
14 regulation, establish and maintain a clearinghouse and
15 central repository for the development and maintenance of a
16 centralized data collection and dissemination system and a
17 management information system for all alcoholism and other
18 drug abuse prevention, early intervention and treatment
19 services.
20 (11) Fund, promote or assist programs, services,
21 demonstrations or research dealing with addictive or
22 habituating behaviors detrimental to the health of
23 Illinois citizens.
24 (12) With monies appropriated from the Group Home Loan
25 Revolving Fund, make loans, directly or through
26 subcontract, to assist in underwriting the costs of housing

SB2834- 28 -LRB100 16078 KTG 33917 b
1 in which individuals recovering from alcohol or other drug
2 abuse or dependency may reside in groups of not less than 6
3 persons, pursuant to Section 50-40 of this Act.
4 (13) Promulgate such regulations as may be necessary
5 for the administration of grants or to otherwise carry out
6 the purposes and enforce the provisions of this Act.
7 (14) Fund programs to help parents be effective in
8 preventing substance abuse by building an awareness of
9 drugs and alcohol and the family's role in preventing abuse
10 through adjusting expectations, developing new skills, and
11 setting positive family goals. The programs shall include,
12 but not be limited to, the following subjects: healthy
13 family communication; establishing rules and limits; how
14 to reduce family conflict; how to build self-esteem,
15 competency, and responsibility in children; how to improve
16 motivation and achievement; effective discipline; problem
17 solving techniques; and how to talk about drugs and
18 alcohol. The programs shall be open to all parents.
19(Source: P.A. 94-556, eff. 9-11-05; 95-331, eff. 8-21-07.)
20 (Text of Section after amendment by P.A. 100-494)
21 Sec. 5-10. Functions of the Department.
22 (a) In addition to the powers, duties and functions vested
23in the Department by this Act, or by other laws of this State,
24the Department shall carry out the following activities:
25 (1) Design, coordinate and fund comprehensive a

SB2834- 29 -LRB100 16078 KTG 33917 b
1 comprehensive and coordinated community-based and
2 culturally and gender-appropriate array of services
3 throughout the State. These services must include
4 prevention, early intervention, treatment, and other
5 recovery support services for substance use disorders that
6 are accessible and addresses the needs of at-risk
7 individuals and their families. for the prevention,
8 intervention, treatment and rehabilitation of alcohol and
9 other drug abuse and dependency that is accessible and
10 addresses the needs of at-risk or addicted individuals and
11 their families.
12 (2) Act as the exclusive State agency to accept,
13 receive and expend, pursuant to appropriation, any public
14 or private monies, grants or services, including those
15 received from the federal government or from other State
16 agencies, for the purpose of providing prevention, early
17 intervention, treatment, and other recovery support
18 services for substance use disorders. an array of services
19 for the prevention, intervention, treatment and
20 rehabilitation of alcoholism or other drug abuse or
21 dependency. Monies received by the Department shall be
22 deposited into appropriate funds as may be created by State
23 law or administrative action.
24 (2.5) In partnership with the Department of Healthcare
25 and Family Services, act as one of the principal State
26 agencies for the sole purpose of calculating the

SB2834- 30 -LRB100 16078 KTG 33917 b
1 maintenance of effort requirement under Section 1930 of
2 Title XIX, Part B, Subpart II of the Public Health Service
3 Act (42 U.S.C. 300x-30) and the Interim Final Rule (45 CFR
4 96.134).
5 (3) Coordinate a statewide strategy among State
6 agencies for the prevention, early intervention,
7 treatment, and recovery support of substance use
8 disorders. This strategy shall include the development of a
9 comprehensive plan, submitted annually with the
10 application for federal substance use disorder block grant
11 funding, for the provision of an array of such services.
12 intervention, treatment and rehabilitation of alcohol and
13 other drug abuse and dependency. This strategy shall
14 include the development of an annual comprehensive State
15 plan for the provision of an array of services for
16 education, prevention, intervention, treatment, relapse
17 prevention and other services and activities to alleviate
18 alcoholism and other drug abuse and dependency. The plan
19 shall be based on local community-based needs and upon data
20 including, but not limited to, that which defines the
21 prevalence of and costs associated with substance use
22 disorders. the abuse of and dependency upon alcohol and
23 other drugs. This comprehensive State plan shall include
24 identification of problems, needs, priorities, services
25 and other pertinent information, including the needs of
26 minorities and other specific priority populations in the

SB2834- 31 -LRB100 16078 KTG 33917 b
1 State, and shall describe how the identified problems and
2 needs will be addressed. For purposes of this paragraph,
3 the term "minorities and other specific priority
4 populations" may include, but shall not be limited to,
5 groups such as women, children, intravenous drug users,
6 persons with AIDS or who are HIV infected, veterans,
7 African-Americans, Puerto Ricans, Hispanics, Asian
8 Americans, the elderly, persons in the criminal justice
9 system, persons who are clients of services provided by
10 other State agencies, persons with disabilities and such
11 other specific populations as the Department may from time
12 to time identify. In developing the plan, the Department
13 shall seek input from providers, parent groups,
14 associations and interested citizens.
15 The Beginning with State fiscal year 1996, the annual
16 comprehensive State plan developed under this Section
17 shall include an explanation of the rationale to be used in
18 ensuring that funding shall be based upon local community
19 needs, including, but not limited to, the incidence and
20 prevalence of, and costs associated with, substance use
21 disorders, the abuse of and dependency upon alcohol and
22 other drugs, as well as upon demonstrated program
23 performance.
24 The annual comprehensive State plan developed under
25 this Section shall also contain a report detailing the
26 activities of and progress made through services for the

SB2834- 32 -LRB100 16078 KTG 33917 b
1 care and treatment of substance use disorders among
2 pregnant women and mothers and their children established
3 under subsection (j) of Section 35-5. by the programs for
4 the care and treatment of addicted pregnant women, addicted
5 mothers and their children established under subsection
6 (j) of Section 35-5 of this Act.
7 As applicable, the plan developed under this Section
8 shall also include information about funding by other State
9 agencies for prevention, early intervention, treatment,
10 and other recovery support services.
11 Each State agency which provides or funds alcohol or
12 drug prevention, intervention and treatment services shall
13 annually prepare an agency plan for providing such
14 services, and these shall be used by the Department in
15 preparing the annual comprehensive statewide plan. Each
16 agency's annual plan for alcohol and drug abuse services
17 shall contain a report on the activities and progress of
18 such services in the prior year. The Department may provide
19 technical assistance to other State agencies, as required,
20 in the development of their agency plans.
21 (4) Lead, foster and develop cooperation, coordination
22 and agreements among federal and State governmental
23 agencies and local providers that provide assistance,
24 services, funding or other functions, peripheral or
25 direct, in the prevention, early intervention, treatment,
26 and recovery support for substance use disorders.

SB2834- 33 -LRB100 16078 KTG 33917 b
1 intervention, treatment or rehabilitation of alcoholism
2 and other drug abuse and dependency. This shall include,
3 but shall not be limited to, the following:
4 (A) Cooperate with and assist other State
5 agencies, as applicable, in establishing and
6 conducting substance use disorder services among the
7 populations they respectively serve. the Department of
8 Corrections and the Department on Aging in
9 establishing and conducting programs relating to
10 alcoholism and other drug abuse and dependency among
11 those populations which they respectively serve.
12 (B) Cooperate with and assist the Illinois
13 Department of Public Health in the establishment,
14 funding and support of programs and services for the
15 promotion of maternal and child health and the
16 prevention and treatment of infectious diseases,
17 including but not limited to HIV infection, especially
18 with respect to those persons who are high risk due to
19 intravenous injection of illegal drugs, or who may have
20 been sexual partners of these individuals, or who may
21 have impaired immune systems as a result of a substance
22 use disorder. may abuse drugs by intravenous
23 injection, or may have been sexual partners of drug
24 abusers, or may have abused substances so that their
25 immune systems are impaired, causing them to be at high
26 risk.

SB2834- 34 -LRB100 16078 KTG 33917 b
1 (C) Supply to the Department of Public Health and
2 prenatal care providers a list of all providers who are
3 licensed to provide substance use disorder treatment
4 for pregnant women in this State. alcohol and other
5 drug abuse service providers for addicted pregnant
6 women in this State.
7 (D) Assist in the placement of child abuse or
8 neglect perpetrators (identified by the Illinois
9 Department of Children and Family Services (DCFS)) who
10 have been determined to be in need of substance use
11 disorder treatment alcohol or other drug abuse
12 services pursuant to Section 8.2 of the Abused and
13 Neglected Child Reporting Act.
14 (E) Cooperate with and assist DCFS the Illinois
15 Department of Children and Family Services in carrying
16 out its mandates to:
17 (i) identify substance use disorders alcohol
18 and other drug abuse issues among its clients and
19 their families; and
20 (ii) develop programs and services to deal
21 with such disorders problems.
22 These programs and services may include, but shall not
23 be limited to, programs to prevent or treat substance
24 use disorders with DCFS clients and their families,
25 identifying child care needs within such treatment,
26 the abuse of alcohol or other drugs by DCFS clients and

SB2834- 35 -LRB100 16078 KTG 33917 b
1 their families, rehabilitation services, identifying
2 child care needs within the array of alcohol and other
3 drug abuse services, and assistance with other issues
4 as required.
5 (F) Cooperate with and assist the Illinois
6 Criminal Justice Information Authority with respect to
7 statistical and other information concerning the drug
8 abuse incidence and prevalence of substance use
9 disorders.
10 (G) Cooperate with and assist the State
11 Superintendent of Education, boards of education,
12 schools, police departments, the Illinois Department
13 of State Police, courts and other public and private
14 agencies and individuals in establishing prevention
15 programs statewide and preparing curriculum materials
16 for use at all levels of education. An agreement shall
17 be entered into with the State Superintendent of
18 Education to assist in the establishment of such
19 programs.
20 (H) Cooperate with and assist the Illinois
21 Department of Healthcare and Family Services in the
22 development and provision of services offered to
23 recipients of public assistance for the treatment and
24 prevention of substance use disorders. alcoholism and
25 other drug abuse and dependency.
26 (I) (Blank). Provide training recommendations to

SB2834- 36 -LRB100 16078 KTG 33917 b
1 other State agencies funding alcohol or other drug
2 abuse prevention, intervention, treatment or
3 rehabilitation services.
4 (5) From monies appropriated to the Department from the
5 Drunk and Drugged Driving Prevention Fund, make grants to
6 reimburse DUI evaluation and risk remedial education
7 programs licensed by the Department for the costs of
8 providing indigent persons with free or reduced-cost
9 evaluation and risk education services relating to a charge
10 of driving under the influence of alcohol or other drugs.
11 (6) Promulgate regulations to provide appropriate
12 facility and clinical standards for publicly and privately
13 funded programs as well as for levels of payment to
14 government funded programs that which provide an array of
15 services for prevention, early intervention, treatment,
16 and other recovery support services for substance use
17 disorders and those services referenced in Sections 15-10
18 and 40-5. and rehabilitation for alcoholism and other drug
19 abuse or dependency.
20 (7) In consultation with local service providers and
21 related trade associations, specify a uniform statistical
22 methodology for use by funded providers agencies,
23 organizations, individuals and the Department for billing
24 and collection and dissemination of statistical
25 information regarding services related to substance use
26 disorders. alcoholism and other drug use and abuse. This

SB2834- 37 -LRB100 16078 KTG 33917 b
1 shall include prevention services delivered, the number of
2 persons treated, frequency of admission and readmission,
3 and duration of treatment.
4 (8) Receive data and assistance from federal, State and
5 local governmental agencies, and obtain copies of
6 identification and arrest data from all federal, State and
7 local law enforcement agencies for use in carrying out the
8 purposes and functions of the Department.
9 (9) License treatment Designate and license providers
10 to conduct screening, assessment, referral and tracking of
11 clients identified by the criminal justice system as having
12 indications of substance use disorders alcoholism or other
13 drug abuse or dependency and being eligible to make an
14 election for treatment under Section 40-5 of this Act, and
15 assist in the placement of individuals who are under court
16 order to participate in treatment.
17 (10) Designate medical and clinical standards through
18 administrative rule that will be utilized to determine a
19 substance use disorder diagnosis. examination and other
20 programs for determining alcoholism and other drug abuse
21 and dependency.
22 (11) (Blank). Encourage service providers who receive
23 financial assistance in any form from the State to assess
24 and collect fees for services rendered.
25 (12) Make grants with funds appropriated from the Drug
26 Treatment Fund in accordance with Section 7 of the

SB2834- 38 -LRB100 16078 KTG 33917 b
1 Controlled Substance and Cannabis Nuisance Act, or in
2 accordance with Section 80 of the Methamphetamine Control
3 and Community Protection Act, or in accordance with
4 subsections (h) and (i) of Section 411.2 of the Illinois
5 Controlled Substances Act.
6 (13) Encourage all health and disability insurance
7 programs to include substance use disorder treatment as a
8 covered service and to use the clinical standards adopted
9 by the Department in determining medical necessity for such
10 services and criteria for continuing stay. alcoholism and
11 other drug abuse and dependency as a covered illness.
12 (14) Award grants and enter into fixed-rate and
13 fee-for-service Make such agreements, grants-in-aid and
14 purchase-care arrangements with any other department,
15 authority or commission of this State, or any other state
16 or the federal government or with any public or private
17 agency, including the disbursement of funds and furnishing
18 of staff, to effectuate the purposes of this Act.
19 (15) Conduct a public information campaign to inform
20 the State's Hispanic residents regarding the prevention
21 and treatment of substance use disorders. alcoholism.
22 (b) In addition to the powers, duties and functions vested
23in it by this Act, or by other laws of this State, the
24Department may undertake, but shall not be limited to, the
25following activities:
26 (1) Require all organizations licensed or programs

SB2834- 39 -LRB100 16078 KTG 33917 b
1 funded by the Department to include an education component
2 to inform participants regarding the causes and means of
3 transmission and methods of reducing the risk of acquiring
4 or transmitting HIV infection and other infectious
5 diseases, and to include funding for such education
6 component in its support of the program.
7 (2) Review all State agency applications for federal
8 funds that which include provisions relating to the
9 prevention, early intervention and treatment of substance
10 use disorders in order to ensure consistency. alcoholism
11 and other drug abuse and dependency in order to ensure
12 consistency with the comprehensive statewide plan
13 developed pursuant to this Act.
14 (3) Prepare, publish, evaluate, disseminate and serve
15 as a central repository for educational materials dealing
16 with the nature and effects of substance use disorders.
17 alcoholism and other drug abuse and dependency. Such
18 materials may deal with the educational needs of the
19 citizens of Illinois, and may include at least pamphlets
20 that which describe the causes and effects of fetal alcohol
21 spectrum disorders. fetal alcohol syndrome, which the
22 Department may distribute free of charge to each county
23 clerk in sufficient quantities that the county clerk may
24 provide a pamphlet to the recipients of all marriage
25 licenses issued in the county.
26 (4) Develop and coordinate, with regional and local

SB2834- 40 -LRB100 16078 KTG 33917 b
1 agencies, education and training programs for persons
2 engaged in providing the array of services for persons with
3 substance use disorders, having alcoholism or other drug
4 abuse and dependency problems, which programs may include
5 specific HIV education and training for program personnel.
6 (5) Cooperate with and assist in the development of
7 education, prevention, early intervention, and treatment
8 programs for employees of State and local governments and
9 businesses in the State.
10 (6) Utilize the support and assistance of interested
11 persons in the community, including recovering persons,
12 addicts and alcoholics, to assist individuals and
13 communities in understanding the dynamics of substance use
14 disorders, addiction, and to encourage individuals with
15 substance use disorders alcohol or other drug abuse or
16 dependency problems to voluntarily undergo treatment.
17 (7) Promote, conduct, assist or sponsor basic
18 clinical, epidemiological and statistical research into
19 substance use disorders alcoholism and other drug abuse and
20 dependency, and research into the prevention of those
21 problems either solely or in conjunction with any public or
22 private agency.
23 (8) Cooperate with public and private agencies,
24 organizations and individuals in the development of
25 programs, and to provide technical assistance and
26 consultation services for this purpose.

SB2834- 41 -LRB100 16078 KTG 33917 b
1 (9) (Blank). Publish or provide for the publishing of a
2 manual to assist medical and social service providers in
3 identifying alcoholism and other drug abuse and dependency
4 and coordinating the multidisciplinary delivery of
5 services to addicted pregnant women, addicted mothers and
6 their children. The manual may be used only to provide
7 information and may not be used by the Department to
8 establish practice standards. The Department may not
9 require recipients to use specific providers nor may they
10 require providers to refer recipients to specific
11 providers. The manual may include, but need not be limited
12 to, the following:
13 (A) Information concerning risk assessments of
14 women seeking prenatal, natal, and postnatal medical
15 care.
16 (B) Information concerning risk assessments of
17 infants who may be substance-affected.
18 (C) Protocols that have been adopted by the
19 Illinois Department of Children and Family Services
20 for the reporting and investigation of allegations of
21 child abuse or neglect under the Abused and Neglected
22 Child Reporting Act.
23 (D) Summary of procedures utilized in juvenile
24 court in cases of children alleged or found to be
25 abused or neglected as a result of being born to
26 addicted women.

SB2834- 42 -LRB100 16078 KTG 33917 b
1 (E) Information concerning referral of addicted
2 pregnant women, addicted mothers and their children by
3 medical, social service, and substance abuse treatment
4 providers, by the Departments of Children and Family
5 Services, Public Aid, Public Health, and Human
6 Services.
7 (F) Effects of substance abuse on infants and
8 guidelines on the symptoms, care, and comfort of
9 drug-withdrawing infants.
10 (G) Responsibilities of the Illinois Department of
11 Public Health to maintain statistics on the number of
12 children in Illinois addicted at birth.
13 (10) (Blank). To the extent permitted by federal law or
14 regulation, establish and maintain a clearinghouse and
15 central repository for the development and maintenance of a
16 centralized data collection and dissemination system and a
17 management information system for all alcoholism and other
18 drug abuse prevention, early intervention and treatment
19 services.
20 (11) Fund, promote, or assist entities dealing with
21 substance use disorders. programs, services,
22 demonstrations or research dealing with addictive or
23 habituating behaviors detrimental to the health of
24 Illinois citizens.
25 (12) With monies appropriated from the Group Home Loan
26 Revolving Fund, make loans, directly or through

SB2834- 43 -LRB100 16078 KTG 33917 b
1 subcontract, to assist in underwriting the costs of housing
2 in which individuals recovering from substance use
3 disorders may reside, alcohol or other drug abuse or
4 dependency may reside in groups of not less than 6 persons,
5 pursuant to Section 50-40 of this Act.
6 (13) Promulgate such regulations as may be necessary to
7 for the administration of grants or to otherwise carry out
8 the purposes and enforce the provisions of this Act.
9 (14) Provide funding Fund programs to help parents be
10 effective in preventing substance use disorders abuse by
11 building an awareness of drugs and alcohol and the family's
12 role in preventing substance use disorders abuse through
13 adjusting expectations, developing new skills, and setting
14 positive family goals. The programs shall include, but not
15 be limited to, the following subjects: healthy family
16 communication; establishing rules and limits; how to
17 reduce family conflict; how to build self-esteem,
18 competency, and responsibility in children; how to improve
19 motivation and achievement; effective discipline; problem
20 solving techniques; and how to talk about drugs and
21 alcohol. The programs shall be open to all parents.
22(Source: P.A. 100-494, eff. 6-1-18.)
23 (20 ILCS 301/5-20)
24 Sec. 5-20. Gambling disorders. Compulsive gambling
25program.

SB2834- 44 -LRB100 16078 KTG 33917 b
1 (a) Subject to appropriation, the Department shall
2establish a program for public education, research, and
3training regarding problem and compulsive gambling disorders
4and the treatment and prevention of gambling disorders. problem
5and compulsive gambling. Subject to specific appropriation for
6these stated purposes, the program must include all of the
7following:
8 (1) Establishment and maintenance of a toll-free "800"
9 telephone number to provide crisis counseling and referral
10 services to families experiencing difficulty as a result of
11 gambling disorders. problem or compulsive gambling.
12 (2) Promotion of public awareness regarding the
13 recognition and prevention of gambling disorders. problem
14 and compulsive gambling.
15 (3) Facilitation, through in-service training and
16 other means, of the availability of effective assistance
17 programs for gambling disorders. problem and compulsive
18 gamblers.
19 (4) Conducting studies to identify adults and
20 juveniles in this State who have, are, or who are at risk
21 of developing, gambling disorders. becoming, problem or
22 compulsive gamblers.
23 (b) Subject to appropriation, the Department shall either
24establish and maintain the program or contract with a private
25or public entity for the establishment and maintenance of the
26program. Subject to appropriation, either the Department or the

SB2834- 45 -LRB100 16078 KTG 33917 b
1private or public entity shall implement the toll-free
2telephone number, promote public awareness, and conduct
3in-service training concerning gambling disorders. problem and
4compulsive gambling.
5 (c) Subject to appropriation, the Department shall produce
6and supply the signs specified in Section 10.7 of the Illinois
7Lottery Law, Section 34.1 of the Illinois Horse Racing Act of
81975, Section 4.3 of the Bingo License and Tax Act, Section 8.1
9of the Charitable Games Act, and Section 13.1 of the Riverboat
10Gambling Act.
11(Source: P.A. 89-374, eff. 1-1-96; 89-626, eff. 8-9-96.)
12 (20 ILCS 301/5-23)
13 Sec. 5-23. Drug Overdose Prevention Program.
14 (a) Reports of drug overdose.
15 (1) The Department may Director of the Division of
16 Alcoholism and Substance Abuse shall publish annually a
17 report on drug overdose trends statewide that reviews State
18 death rates from available data to ascertain changes in the
19 causes or rates of fatal and nonfatal drug overdose. The
20 report shall also provide information on interventions
21 that would be effective in reducing the rate of fatal or
22 nonfatal drug overdose and shall include an analysis of
23 drug overdose information reported to the Department of
24 Public Health pursuant to subsection (e) of Section 3-3013
25 of the Counties Code, Section 6.14g of the Hospital

SB2834- 46 -LRB100 16078 KTG 33917 b
1 Licensing Act, and subsection (j) of Section 22-30 of the
2 School Code.
3 (2) The report may include:
4 (A) Trends in drug overdose death rates.
5 (B) Trends in emergency room utilization related
6 to drug overdose and the cost impact of emergency room
7 utilization.
8 (C) Trends in utilization of pre-hospital and
9 emergency services and the cost impact of emergency
10 services utilization.
11 (D) Suggested improvements in data collection.
12 (E) A description of other interventions effective
13 in reducing the rate of fatal or nonfatal drug
14 overdose.
15 (F) A description of efforts undertaken to educate
16 the public about unused medication and about how to
17 properly dispose of unused medication, including the
18 number of registered collection receptacles in this
19 State, mail-back programs, and drug take-back events.
20 (b) Programs; drug overdose prevention.
21 (1) The Department Director may establish a program to
22 provide for the production and publication, in electronic
23 and other formats, of drug overdose prevention,
24 recognition, and response literature. The Department
25 Director may develop and disseminate curricula for use by
26 professionals, organizations, individuals, or committees

SB2834- 47 -LRB100 16078 KTG 33917 b
1 interested in the prevention of fatal and nonfatal drug
2 overdose, including, but not limited to, drug users, jail
3 and prison personnel, jail and prison inmates, drug
4 treatment professionals, emergency medical personnel,
5 hospital staff, families and associates of drug users,
6 peace officers, firefighters, public safety officers,
7 needle exchange program staff, and other persons. In
8 addition to information regarding drug overdose
9 prevention, recognition, and response, literature produced
10 by the Department shall stress that drug use remains
11 illegal and highly dangerous and that complete abstinence
12 from illegal drug use is the healthiest choice. The
13 literature shall provide information and resources for
14 substance use disorder substance abuse treatment.
15 The Department Director may establish or authorize
16 programs for prescribing, dispensing, or distributing
17 opioid antagonists for the treatment of drug overdose. Such
18 programs may include the prescribing of opioid antagonists
19 for the treatment of drug overdose to a person who is not
20 at risk of opioid overdose but who, in the judgment of the
21 health care professional, may be in a position to assist
22 another individual during an opioid-related drug overdose
23 and who has received basic instruction on how to administer
24 an opioid antagonist.
25 (2) The Department Director may provide advice to State
26 and local officials on the growing drug overdose crisis,

SB2834- 48 -LRB100 16078 KTG 33917 b
1 including the prevalence of drug overdose incidents,
2 programs promoting the disposal of unused prescription
3 drugs, trends in drug overdose incidents, and solutions to
4 the drug overdose crisis.
5 (c) Grants.
6 (1) The Department Director may award grants, in
7 accordance with this subsection, to create or support local
8 drug overdose prevention, recognition, and response
9 projects. Local health departments, correctional
10 institutions, hospitals, universities, community-based
11 organizations, and faith-based organizations may apply to
12 the Department for a grant under this subsection at the
13 time and in the manner the Department Director prescribes.
14 (2) In awarding grants, the Department Director shall
15 consider the necessity for overdose prevention projects in
16 various settings and shall encourage all grant applicants
17 to develop interventions that will be effective and viable
18 in their local areas.
19 (3) The Department Director shall give preference for
20 grants to proposals that, in addition to providing
21 life-saving interventions and responses, provide
22 information to drug users on how to access substance use
23 disorder drug treatment or other strategies for abstaining
24 from illegal drugs. The Department Director shall give
25 preference to proposals that include one or more of the
26 following elements:

SB2834- 49 -LRB100 16078 KTG 33917 b
1 (A) Policies and projects to encourage persons,
2 including drug users, to call 911 when they witness a
3 potentially fatal drug overdose.
4 (B) Drug overdose prevention, recognition, and
5 response education projects in drug treatment centers,
6 outreach programs, and other organizations that work
7 with, or have access to, drug users and their families
8 and communities.
9 (C) Drug overdose recognition and response
10 training, including rescue breathing, in drug
11 treatment centers and for other organizations that
12 work with, or have access to, drug users and their
13 families and communities.
14 (D) The production and distribution of targeted or
15 mass media materials on drug overdose prevention and
16 response, the potential dangers of keeping unused
17 prescription drugs in the home, and methods to properly
18 dispose of unused prescription drugs.
19 (E) Prescription and distribution of opioid
20 antagonists.
21 (F) The institution of education and training
22 projects on drug overdose response and treatment for
23 emergency services and law enforcement personnel.
24 (G) A system of parent, family, and survivor
25 education and mutual support groups.
26 (4) In addition to moneys appropriated by the General

SB2834- 50 -LRB100 16078 KTG 33917 b
1 Assembly, the Department Director may seek grants from
2 private foundations, the federal government, and other
3 sources to fund the grants under this Section and to fund
4 an evaluation of the programs supported by the grants.
5 (d) Health care professional prescription of opioid
6antagonists.
7 (1) A health care professional who, acting in good
8 faith, directly or by standing order, prescribes or
9 dispenses an opioid antagonist to: (a) a patient who, in
10 the judgment of the health care professional, is capable of
11 administering the drug in an emergency, or (b) a person who
12 is not at risk of opioid overdose but who, in the judgment
13 of the health care professional, may be in a position to
14 assist another individual during an opioid-related drug
15 overdose and who has received basic instruction on how to
16 administer an opioid antagonist shall not, as a result of
17 his or her acts or omissions, be subject to: (i) any
18 disciplinary or other adverse action under the Medical
19 Practice Act of 1987, the Physician Assistant Practice Act
20 of 1987, the Nurse Practice Act, the Pharmacy Practice Act,
21 or any other professional licensing statute or (ii) any
22 criminal liability, except for willful and wanton
23 misconduct.
24 (2) A person who is not otherwise licensed to
25 administer an opioid antagonist may in an emergency
26 administer without fee an opioid antagonist if the person

SB2834- 51 -LRB100 16078 KTG 33917 b
1 has received the patient information specified in
2 paragraph (4) of this subsection and believes in good faith
3 that another person is experiencing a drug overdose. The
4 person shall not, as a result of his or her acts or
5 omissions, be (i) liable for any violation of the Medical
6 Practice Act of 1987, the Physician Assistant Practice Act
7 of 1987, the Nurse Practice Act, the Pharmacy Practice Act,
8 or any other professional licensing statute, or (ii)
9 subject to any criminal prosecution or civil liability,
10 except for willful and wanton misconduct.
11 (3) A health care professional prescribing an opioid
12 antagonist to a patient shall ensure that the patient
13 receives the patient information specified in paragraph
14 (4) of this subsection. Patient information may be provided
15 by the health care professional or a community-based
16 organization, substance use disorder substance abuse
17 program, or other organization with which the health care
18 professional establishes a written agreement that includes
19 a description of how the organization will provide patient
20 information, how employees or volunteers providing
21 information will be trained, and standards for documenting
22 the provision of patient information to patients.
23 Provision of patient information shall be documented in the
24 patient's medical record or through similar means as
25 determined by agreement between the health care
26 professional and the organization. The Department,

SB2834- 52 -LRB100 16078 KTG 33917 b
1 Director of the Division of Alcoholism and Substance Abuse,
2 in consultation with statewide organizations representing
3 physicians, pharmacists, advanced practice registered
4 nurses, physician assistants, substance use disorder
5 substance abuse programs, and other interested groups,
6 shall develop and disseminate to health care
7 professionals, community-based organizations, substance
8 use disorder substance abuse programs, and other
9 organizations training materials in video, electronic, or
10 other formats to facilitate the provision of such patient
11 information.
12 (4) For the purposes of this subsection:
13 "Opioid antagonist" means a drug that binds to opioid
14 receptors and blocks or inhibits the effect of opioids
15 acting on those receptors, including, but not limited to,
16 naloxone hydrochloride or any other similarly acting drug
17 approved by the U.S. Food and Drug Administration.
18 "Health care professional" means a physician licensed
19 to practice medicine in all its branches, a licensed
20 physician assistant with prescriptive authority, a
21 licensed advanced practice registered nurse with
22 prescriptive authority, an advanced practice registered
23 nurse or physician assistant who practices in a hospital,
24 hospital affiliate, or ambulatory surgical treatment
25 center and possesses appropriate clinical privileges in
26 accordance with the Nurse Practice Act, or a pharmacist

SB2834- 53 -LRB100 16078 KTG 33917 b
1 licensed to practice pharmacy under the Pharmacy Practice
2 Act.
3 "Patient" includes a person who is not at risk of
4 opioid overdose but who, in the judgment of the physician,
5 advanced practice registered nurse, or physician
6 assistant, may be in a position to assist another
7 individual during an overdose and who has received patient
8 information as required in paragraph (2) of this subsection
9 on the indications for and administration of an opioid
10 antagonist.
11 "Patient information" includes information provided to
12 the patient on drug overdose prevention and recognition;
13 how to perform rescue breathing and resuscitation; opioid
14 antagonist dosage and administration; the importance of
15 calling 911; care for the overdose victim after
16 administration of the overdose antagonist; and other
17 issues as necessary.
18 (e) Drug overdose response policy.
19 (1) Every State and local government agency that
20 employs a law enforcement officer or fireman as those terms
21 are defined in the Line of Duty Compensation Act must
22 possess opioid antagonists and must establish a policy to
23 control the acquisition, storage, transportation, and
24 administration of such opioid antagonists and to provide
25 training in the administration of opioid antagonists. A
26 State or local government agency that employs a fireman as

SB2834- 54 -LRB100 16078 KTG 33917 b
1 defined in the Line of Duty Compensation Act but does not
2 respond to emergency medical calls or provide medical
3 services shall be exempt from this subsection.
4 (2) Every publicly or privately owned ambulance,
5 special emergency medical services vehicle, non-transport
6 vehicle, or ambulance assist vehicle, as described in the
7 Emergency Medical Services (EMS) Systems Act, that which
8 responds to requests for emergency services or transports
9 patients between hospitals in emergency situations must
10 possess opioid antagonists.
11 (3) Entities that are required under paragraphs (1) and
12 (2) to possess opioid antagonists may also apply to the
13 Department for a grant to fund the acquisition of opioid
14 antagonists and training programs on the administration of
15 opioid antagonists.
16(Source: P.A. 99-173, eff. 7-29-15; 99-480, eff. 9-9-15;
1799-581, eff. 1-1-17; 99-642, eff. 7-28-16; 100-201, eff.
188-18-17; 100-513, eff. 1-1-18.)
19 (20 ILCS 301/10-5)
20 Sec. 10-5. Illinois Advisory Council established. There is
21established the Illinois Advisory Council on Substance Use
22Disorders. Alcoholism and Other Drug Dependency. The members of
23the Council shall receive no compensation for their service but
24shall be reimbursed for all expenses actually and necessarily
25incurred by them in the performance of their duties under this

SB2834- 55 -LRB100 16078 KTG 33917 b
1Act, and within the amounts made available to them by the
2Department. The Council shall annually elect a presiding
3officer from among its membership. The Council may shall meet
4quarterly or at the call of the Department, or at the call of
5its presiding officer, or upon the request of a majority of its
6members. The Department shall provide space and clerical and
7consulting services to the Council.
8(Source: P.A. 94-1033, eff. 7-1-07.)
9 (20 ILCS 301/10-10)
10 Sec. 10-10. Powers and duties of the Council. The Council
11shall:
12 (a) Advise the Department on ways to encourage public
13 understanding and support of the Department's programs.
14 (b) Advise the Department on regulations and licensure
15 proposed by the Department.
16 (c) Advise the Department in the formulation,
17 preparation, and implementation of the annual plan
18 submitted with the federal Substance Use Disorder Block
19 Grant application for prevention, early intervention,
20 treatment, and other recovery support services for
21 substance use disorders. comprehensive State plan for
22 prevention, intervention, treatment and relapse prevention
23 of alcoholism and other drug abuse and dependency.
24 (d) Advise the Department on implementation of
25 substance use disorder alcoholism and other drug abuse and

SB2834- 56 -LRB100 16078 KTG 33917 b
1 dependency education and prevention programs throughout
2 the State.
3 (e) Assist with incorporating into the annual plan
4 submitted with the federal Substance Use Disorder Block
5 Grant application, planning information specific to
6 Illinois' female population. The information By January 1,
7 1995, and by January 1 of every third year thereafter, in
8 cooperation with the Committee on Women's Alcohol and
9 Substance Abuse Treatment, submit to the Governor and
10 General Assembly a planning document, specific to
11 Illinois' female population. The document shall contain,
12 but need not be limited to, interagency information
13 concerning the types of services funded, the client
14 population served, the support services available, and
15 provided during the preceding 3 year period, and the goals,
16 objectives, proposed methods of achievement, service
17 client projections and cost estimate for the upcoming year.
18 3 year period. The document may include, if deemed
19 necessary and appropriate, recommendations regarding the
20 reorganization of the Department to enhance and increase
21 prevention, treatment and support services available to
22 women.
23 (f) Perform other duties as requested by the Secretary.
24 (g) Advise the Department in the planning,
25 development, and coordination of programs among all
26 agencies and departments of State government, including

SB2834- 57 -LRB100 16078 KTG 33917 b
1 programs to reduce substance use disorders, alcoholism and
2 drug addiction, prevent the misuse of illegal and legal
3 drugs use of illegal drugs and abuse of legal drugs by
4 persons of all ages, and prevent the use of alcohol by
5 minors.
6 (h) Promote and encourage participation by the private
7 sector, including business, industry, labor, and the
8 media, in programs to prevent substance use disorders.
9 alcoholism and other drug abuse and dependency.
10 (i) Encourage the implementation of programs to
11 prevent substance use disorders alcoholism and other drug
12 abuse and dependency in the public and private schools and
13 educational institutions. , including establishment of
14 alcoholism and other drug abuse and dependency programs.
15 (j) Gather information, conduct hearings, and make
16 recommendations to the Secretary concerning additions,
17 deletions, or rescheduling of substances under the
18 Illinois Controlled Substances Act.
19 (k) Report as requested annually to the General
20 Assembly regarding the activities and recommendations made
21 by the Council.
22 With the advice and consent of the Secretary, the presiding
23officer shall annually appoint a Special Committee on
24Licensure, which shall advise the Secretary on particular cases
25on which the Department intends to take action that is adverse
26to an applicant or license holder, and shall review an annual

SB2834- 58 -LRB100 16078 KTG 33917 b
1report submitted by the Secretary summarizing all licensure
2sanctions imposed by the Department.
3(Source: P.A. 94-1033, eff. 7-1-07.)
4 (20 ILCS 301/10-15)
5 Sec. 10-15. Qualification and appointment of members. The
6membership of the Illinois Advisory Council may, as needed,
7shall consist of:
8 (a) A State's Attorney designated by the President of
9 the Illinois State's Attorneys Association.
10 (b) A judge designated by the Chief Justice of the
11 Illinois Supreme Court.
12 (c) A Public Defender appointed by the President of the
13 Illinois Public Defender Association.
14 (d) A local law enforcement officer appointed by the
15 Governor.
16 (e) A labor representative appointed by the Governor.
17 (f) An educator appointed by the Governor.
18 (g) A physician licensed to practice medicine in all
19 its branches appointed by the Governor with due regard for
20 the appointee's knowledge of the field of substance use
21 disorders. alcoholism and other drug abuse and dependency.
22 (h) 4 members of the Illinois House of Representatives,
23 2 each appointed by the Speaker and Minority Leader.
24 (i) 4 members of the Illinois Senate, 2 each appointed
25 by the President and Minority Leader.

SB2834- 59 -LRB100 16078 KTG 33917 b
1 (j) The Chief Executive Officer of the Illinois
2 Association for Behavioral Health or his or her designee.
3 President of the Illinois Alcoholism and Drug Dependence
4 Association.
5 (k) An advocate for the needs of youth appointed by the
6 Governor.
7 (l) The President of the Illinois State Medical Society
8 or his or her designee.
9 (m) The President of the Illinois Hospital Association
10 or his or her designee.
11 (n) The President of the Illinois Nurses Association or
12 a registered nurse designated by the President.
13 (o) The President of the Illinois Pharmacists
14 Association or a licensed pharmacist designated by the
15 President.
16 (p) The President of the Illinois Chapter of the
17 Association of Labor-Management Administrators and
18 Consultants on Alcoholism.
19 (p-1) The President of the Community Behavioral
20 Healthcare Association of Illinois or his or her designee.
21 (q) The Attorney General or his or her designee.
22 (r) The State Comptroller or his or her designee.
23 (s) 20 public members, 8 appointed by the Governor, 3
24 of whom shall be representatives of substance use disorder
25 alcoholism or other drug abuse and dependency treatment
26 programs and one of whom shall be a representative of a

SB2834- 60 -LRB100 16078 KTG 33917 b
1 manufacturer or importing distributor of alcoholic liquor
2 licensed by the State of Illinois, and 3 public members
3 appointed by each of the President and Minority Leader of
4 the Senate and the Speaker and Minority Leader of the
5 House.
6 (t) The Director, Secretary, or other chief
7 administrative officer, ex officio, or his or her designee,
8 of each of the following: the Department on Aging, the
9 Department of Children and Family Services, the Department
10 of Corrections, the Department of Juvenile Justice, the
11 Department of Healthcare and Family Services, the
12 Department of Revenue, the Department of Public Health, the
13 Department of Financial and Professional Regulation, the
14 Department of State Police, the Administrative Office of
15 the Illinois Courts, the Criminal Justice Information
16 Authority, and the Department of Transportation.
17 (u) Each of the following, ex officio, or his or her
18 designee: the Secretary of State, the State Superintendent
19 of Education, and the Chairman of the Board of Higher
20 Education.
21 The public members may not be officers or employees of the
22executive branch of State government; however, the public
23members may be officers or employees of a State college or
24university or of any law enforcement agency. In appointing
25members, due consideration shall be given to the experience of
26appointees in the fields of medicine, law, prevention,

SB2834- 61 -LRB100 16078 KTG 33917 b
1correctional activities, and social welfare. Vacancies in the
2public membership shall be filled for the unexpired term by
3appointment in like manner as for original appointments, and
4the appointive members shall serve until their successors are
5appointed and have qualified. Vacancies among the public
6members appointed by the legislative leaders shall be filled by
7the leader of the same house and of the same political party as
8the leader who originally appointed the member.
9 Each non-appointive member may designate a representative
10to serve in his place by written notice to the Department. All
11General Assembly members shall serve until their respective
12successors are appointed or until termination of their
13legislative service, whichever occurs first. The terms of
14office for each of the members appointed by the Governor shall
15be for 3 years, except that of the members first appointed, 3
16shall be appointed for a term of one year, and 4 shall be
17appointed for a term of 2 years. The terms of office of each of
18the public members appointed by the legislative leaders shall
19be for 2 years.
20(Source: P.A. 100-201, eff. 8-18-17.)
21 (20 ILCS 301/10-35)
22 Sec. 10-35. Committees Other committees of the Illinois
23Advisory Council. The Illinois Advisory Council may, in its
24operating policies and procedures, provide for the creation of
25such other Committees as it deems necessary to carry out its

SB2834- 62 -LRB100 16078 KTG 33917 b
1duties.
2(Source: P.A. 88-80.)
3 (20 ILCS 301/15-5)
4 Sec. 15-5. Applicability.
5 (a) It is unlawful for any person to provide treatment for
6substance use disorders alcoholism and other drug abuse or
7dependency or to provide services as specified in subsections
8(c), (d), (e), and (f) of Section 15-10 of this Act unless the
9person is licensed to do so by the Department. The performance
10of these activities by any person in violation of this Act is
11declared to be inimical to the public health and welfare, and
12to be a public nuisance. The Department may undertake such
13inspections and investigations as it deems appropriate to
14determine whether licensable activities are being conducted
15without the requisite license.
16 (b) Nothing in this Act shall be construed to require any
17hospital, as defined by the Hospital Licensing Act, required to
18have a license from the Department of Public Health pursuant to
19the Hospital Licensing Act to obtain any license under this Act
20for any substance use disorder alcoholism and other drug
21dependency treatment services operated on the licensed
22premises of the hospital, and operated by the hospital or its
23designated agent, provided that such services are covered
24within the scope of the Hospital Licensing Act. No person or
25facility required to be licensed under this Act shall be

SB2834- 63 -LRB100 16078 KTG 33917 b
1required to obtain a license pursuant to the Hospital Licensing
2Act or the Child Care Act of 1969.
3 (c) Nothing in this Act shall be construed to require an
4individual employee of a licensed program to be licensed under
5this Act.
6 (d) Nothing in this Act shall be construed to require any
7private professional practice, whether by an individual
8practitioner, by a partnership, or by a duly incorporated
9professional service corporation, that provides outpatient
10treatment for substance use disorders alcoholism and other drug
11abuse to be licensed under this Act, provided that the
12treatment is rendered personally by the professional in his own
13name and the professional is authorized by individual
14professional licensure or registration from the Department of
15Financial and Professional Regulation to provide substance use
16disorder do such treatment unsupervised. This exemption shall
17not apply to such private professional practice that provides
18and holds itself out, as defined in Section 1-10, as providing
19substance use disorder outpatient treatment. which specializes
20primarily or exclusively in the treatment of alcoholism and
21other drug abuse. This exemption shall also not apply to
22licensable intervention services, research, or residential
23treatment services as defined in this Act or by rule.
24 Notwithstanding any other provisions of this subsection to
25the contrary, persons licensed to practice medicine in all of
26its branches in Illinois shall not require licensure under this

SB2834- 64 -LRB100 16078 KTG 33917 b
1Act unless their private professional practice provides and
2holds itself out, as defined in Section 1-10, as providing
3substance use disorder outpatient treatment. specializes
4exclusively in the treatment of alcoholism and other drug
5abuse.
6 (e) Nothing in this Act shall be construed to require any
7employee assistance program operated by an employer or any
8intervenor program operated by a professional association to
9obtain any license pursuant to this Act to perform services
10that do not constitute licensable treatment or intervention as
11defined in this Act.
12 (f) Before any violation of this Act is reported by the
13Department or any of its agents to any State's Attorney for the
14institution of a criminal proceeding, the person against whom
15such proceeding is contemplated shall be given appropriate
16notice and an opportunity to present his views before the
17Department or its designated agent, either orally or in
18writing, in person or by an attorney, with regard to such
19contemplated proceeding. Nothing in this Act shall be construed
20as requiring the Department to report minor violations of this
21Act whenever the Department believes that the public interest
22would be adequately served by a suitable written notice or
23warning.
24(Source: P.A. 88-80; 89-202, eff. 7-21-95; 89-507, eff.
257-1-97.)

SB2834- 65 -LRB100 16078 KTG 33917 b
1 (20 ILCS 301/15-10)
2 Sec. 15-10. Licensure categories and services. No person or
3program may provide the services or conduct the activities
4described in this Section without first obtaining a license
5therefor from the Department, unless otherwise exempted under
6this Act. The Department shall, by rule, provide requirements
7for each of the following types of licenses and categories of
8service:
9 (a) Treatment: Categories of service authorized by a
10 treatment license are Early Intervention, Outpatient,
11 Intensive Outpatient/Partial Hospitalization, Subacute
12 Residential/Inpatient, and Withdrawal Management.
13 Medication assisted treatment that includes methadone used
14 for an opioid use disorder can be licensed as an adjunct to
15 any of the treatment levels of care specified in this
16 Section.
17 (b) Intervention: Categories of service authorized by
18 an intervention license are DUI Evaluation, DUI Risk
19 Education, and Recovery Homes for persons in any stage of
20 recovery from a substance use disorder.
21. The Department shall, by rule, provide licensure requirements
22for each of the following categories of service:
23 (a) Residential treatment for alcoholism and other
24 drug dependency, sub-acute inpatient treatment, clinically
25 managed or medically monitored detoxification, and
26 residential extended care (formerly halfway house).

SB2834- 66 -LRB100 16078 KTG 33917 b
1 (b) Outpatient treatment for alcoholism and other drug
2 abuse and dependency.
3 (c) The screening, assessment, referral or tracking of
4 clients identified by the criminal justice system as having
5 indications of alcoholism or other drug abuse or
6 dependency.
7 (d) D.U.I. evaluation services for Illinois courts and
8 the Secretary of State.
9 (e) D.U.I. remedial education services for Illinois
10 courts or the Secretary of State.
11 (f) Recovery home services for persons in early
12 recovery from substance abuse or for persons who have
13 recently completed or who may still be receiving substance
14 abuse treatment services.
15 The Department may, under procedures established by rule
16and upon a showing of good cause for such, exempt off-site
17services from having to obtain a separate license for services
18conducted away from the provider's licensed primary service
19location.
20(Source: P.A. 94-1033, eff. 7-1-07.)
21 (20 ILCS 301/20-5)
22 Sec. 20-5. Development of statewide prevention system.
23 (a) The Department shall develop and implement a
24comprehensive, statewide, community-based strategy to reduce
25substance use disorders and alcoholism, prevent the misuse of

SB2834- 67 -LRB100 16078 KTG 33917 b
1illegal and legal drugs use of illegal drugs and the abuse of
2legal drugs by persons of all ages, and to prevent the use of
3alcohol by minors. The system created to implement this
4strategy shall be based on the premise that coordination among
5and integration between all community and governmental systems
6will facilitate effective and efficient program implementation
7and utilization of existing resources.
8 (b) The statewide system developed under this Section may
9be adopted by administrative rule or funded as a grant award
10condition and shall be responsible for:
11 (1) providing programs and technical assistance to
12 improve the ability of Illinois communities and schools to
13 develop, implement and evaluate prevention programs.
14 (2) initiating and fostering continuing cooperation
15 among the Department, Department-funded prevention
16 programs, other community-based prevention providers and
17 other State, regional, or local systems or agencies that
18 which have an interest in substance use disorder
19 prevention. alcohol and other drug use or abuse prevention.
20 (c) In developing, implementing, and advocating for and
21implementing this statewide strategy and system, the
22Department may engage in, but shall not be limited to, the
23following activities:
24 (1) establishing and conducting programs to provide
25 awareness and knowledge of the nature and extent of
26 substance use disorders and their effect alcohol and other

SB2834- 68 -LRB100 16078 KTG 33917 b
1 drug use, abuse and dependency and their effects on
2 individuals, families, and communities.
3 (2) conducting or providing prevention skill building
4 or education through the use of structured experiences.
5 (3) developing, supporting, and advocating with new
6 and or supporting existing local community coalitions or
7 neighborhood-based grassroots networks using action
8 planning and collaborative systems to initiate change
9 regarding substance use disorders alcohol and other drug
10 use and abuse in their communities community.
11 (4) encouraging, supporting, and advocating for and
12 supporting programs and activities that emphasize
13 alcohol-free alcohol and other drug-free lifestyles.
14 socialization.
15 (5) drafting and implementing efficient plans for the
16 use of available resources to address issues of substance
17 use disorder alcohol and other drug abuse prevention.
18 (6) coordinating local programs of alcoholism and
19 other drug abuse education and prevention.
20 (7) encouraging the development of local advisory
21 councils.
22 (8) encouraging and supporting programs, practices,
23 policies, and activities that emphasize environmental
24 strategies, impacting norms, availability, and regulations
25 around substance use disorders.
26 (d) In providing leadership to this system, the Department

SB2834- 69 -LRB100 16078 KTG 33917 b
1shall take into account, wherever possible, the needs and
2requirements of local communities. The Department shall also
3involve, wherever possible, local communities in its statewide
4planning efforts. These planning efforts shall include, but
5shall not be limited to, in cooperation with local community
6representatives and Department-funded agencies, the analysis
7and application of results of local needs assessments, as well
8as a process for the integration of an evaluation component
9into the system. The results of this collaborative planning
10effort shall be taken into account by the Department in making
11decisions regarding the allocation of prevention resources.
12 (e) Prevention programs funded in whole or in part by the
13Department shall maintain staff whose skills, training,
14experiences and cultural awareness demonstrably match the
15needs of the people they are serving.
16 (f) The Department may delegate the functions and
17activities described in subsection (c) of this Section to
18local, community-based providers.
19(Source: P.A. 88-80.)
20 (20 ILCS 301/20-10)
21 Sec. 20-10. Screening, Brief Intervention, and Referral to
22Treatment. Early intervention programs.
23 (a) As used in this Section, "SBIRT" means the
24identification of individuals, within primary care settings,
25who need substance use disorder treatment. Primary care

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1providers will screen and, based on the results of the screen,
2deliver a brief intervention or make referral to a licensed
3treatment provider as appropriate. SBIRT is not a licensed
4category of service. It does not refer to DUI evaluation, DUI
5risk education, or recovery home services require licensing.
6 (b) The Department may develop policy or best practice
7guidelines for identification of at-risk individuals through
8SBIRT and contract or billing requirements for SBIRT.
9For purposes of this Section, "early intervention" means
10education, counseling and support services provided to
11individuals at high risk of developing an alcohol or other drug
12abuse or dependency. Early intervention programs are delivered
13in one-to-one, group or family service settings by people who
14are trained to educate, screen, assess, counsel and refer the
15high risk individual. Early intervention refers to unlicensed
16programs which provide services to individuals and groups who
17have a high risk of developing alcoholism or other drug
18addiction or dependency. It does not refer to DUI,
19detoxification or treatment programs which require licensing.
20"Individuals at high risk" refers to, but is not limited to,
21those who exhibit one or more of the risk factors listed in
22subsection (b) of this Section.
23 (b) As part of its comprehensive array of services, the
24Department may fund early intervention programs. In doing so,
25the Department shall account for local requirements and involve
26as much as possible of the local community. The funded programs

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1shall include services initiated or adapted to meet the needs
2of individuals experiencing one or more of the following risk
3factors:
4 (1) child of a substance abuser.
5 (2) victim of physical, sexual or psychological abuse.
6 (3) school drop-out.
7 (4) teen pregnancy.
8 (5) economically and/or environmentally disadvantaged.
9 (6) commitment of a violent, delinquent or criminal
10 offense.
11 (7) mental health problems.
12 (8) attempted suicide.
13 (9) long-term physical pain due to injury.
14 (10) chronic failure in school.
15 (11) consequences due to alcohol or other drug abuse.
16 (c) The Department may fund early intervention services.
17Early intervention programs funded entirely or in part by the
18Department must include the following components:
19 (1) coping skills training.
20 (2) education regarding the appearance and dynamics of
21 dysfunction within the family.
22 (3) support group opportunities for children and
23 families.
24 (4) education regarding the diseases of alcoholism and
25 other drug addiction.
26 (5) screening regarding the need for treatment or other

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1 services.
2 (d) Early intervention programs funded in whole or in part
3by the Department shall maintain individual records for each
4person who receives early intervention services. Any and all
5such records shall be maintained in accordance with the
6provisions of 42 CFR 2, "Confidentiality of Alcohol and Drug
7Abuse Patient Records" and other pertinent State and federal
8laws. Such records shall include:
9 (1) basic demographic information.
10 (2) a description of the presenting problem.
11 (3) an assessment of risk factors.
12 (4) a service plan.
13 (5) progress notes.
14 (6) a closing summary.
15 (e) Early intervention programs funded in whole or in part
16by the Department shall maintain staff whose skills, training,
17experiences and cultural awareness demonstrably match the
18needs of the people they are serving.
19 (f) The Department may, at its discretion, impose on early
20intervention programs which it funds such additional
21requirements as it may deem necessary or appropriate.
22(Source: P.A. 88-80; 89-202, eff. 7-21-95.)
23 (20 ILCS 301/20-15)
24 Sec. 20-15. Steroid education program. The Department may
25develop and implement a statewide steroid education program to

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1alert the public, and particularly Illinois physicians, other
2health care professionals, educators, student athletes, health
3club personnel, persons engaged in the coaching and supervision
4of high school and college athletics, and other groups
5determined by the Department to be likely to come into contact
6with anabolic steroid abusers to the dangers and adverse
7effects of abusing anabolic steroids, and to train these
8individuals to recognize the symptoms and side effects of
9anabolic steroid abuse. Such education and training may also
10include information regarding the education eduction and
11appropriate referral of persons identified as probable or
12actual anabolic steroid abusers. The advice of the Illinois
13Advisory Council established by Section 10-5 of this Act shall
14be sought in the development of any program established under
15this Section.
16(Source: P.A. 88-80.)
17 (20 ILCS 301/25-5)
18 Sec. 25-5. Establishment of comprehensive treatment
19system. The Department shall develop, fund and implement a
20comprehensive, statewide, community-based system for the
21provision of early intervention, treatment, and recovery
22support services for persons suffering from substance use
23disorders. a full array of intervention, treatment and
24aftercare for persons suffering from alcohol and other drug
25abuse and dependency. The system created under this Section

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1shall be based on the premise that coordination among and
2integration between all community and governmental systems
3will facilitate effective and efficient program implementation
4and utilization of existing resources.
5(Source: P.A. 88-80.)
6 (20 ILCS 301/25-10)
7 Sec. 25-10. Promulgation of regulations. The Department
8shall adopt regulations for licensure, certification for
9Medicaid reimbursement, and clinical standards for
10intervention and treatment services, acceptance of persons for
11treatment, taking into consideration available resources and
12facilities, for the purpose of early and effective treatment of
13substance use disorders. alcoholism and other drug abuse and
14dependency.
15(Source: P.A. 88-80.)
16 (20 ILCS 301/25-15)
17 Sec. 25-15. Emergency treatment.
18 (a) An alcohol or other drug impaired person who may be a
19danger to himself or herself or to others may voluntarily come
20to a treatment facility with available capacity for withdrawal
21management. An alcohol or other drug impaired person may also
22intoxicated person may come voluntarily to a treatment facility
23for emergency treatment. A person who appears to be intoxicated
24in a public place and who may be a danger to himself or others

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1may be assisted to his or her home, a treatment facility with
2available capacity for withdrawal management, or other health
3facility either directly by the police or through an
4intermediary person.
5 (b) A person who appears to be unconscious or in immediate
6need of emergency medical services while in a public place and
7who shows symptoms of alcohol or other drug impairment brought
8on by alcoholism or other drug abuse or dependency may be taken
9into protective custody by the police and forthwith brought to
10an emergency medical service. A person who is otherwise
11incapacitated while in a public place and who shows symptoms of
12alcohol or other drug impairment in a public place alcoholism
13or other drug abuse or dependency may be taken into custody and
14forthwith brought to a facility with available capacity for
15withdrawal management. available for detoxification. The
16police in detaining the person shall take him or her into
17protective custody only, which shall not constitute an arrest.
18No entry or other record shall be made to indicate that the
19person has been arrested or charged with a crime. The detaining
20officer may take reasonable steps to protect himself or herself
21from harm.
22(Source: P.A. 88-80.)
23 (20 ILCS 301/25-20)
24 Sec. 25-20. Applicability of patients' rights. All persons
25who are receiving or who have received early intervention,

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1treatment, or other recovery support or aftercare services
2under this Act shall be afforded those rights enumerated in
3Article 30.
4(Source: P.A. 88-80.)
5 (20 ILCS 301/30-5)
6 Sec. 30-5. Patients' rights established.
7 (a) For purposes of this Section, "patient" means any
8person who is receiving or has received early intervention,
9treatment, or other recovery support or aftercare services
10under this Act or any category of service licensed as
11"intervention" under this Act.
12 (b) No patient who is receiving or who has received
13intervention, treatment or aftercare services under this Act
14shall be deprived of any rights, benefits, or privileges
15guaranteed by law, the Constitution of the United States of
16America, or the Constitution of the State of Illinois solely
17because of his or her status as a patient of a program.
18 (c) Persons who have substance use disorders abuse or are
19dependent on alcohol or other drugs who are also suffering from
20medical conditions shall not be discriminated against in
21admission or treatment by any hospital that which receives
22support in any form from any program supported in whole or in
23part by funds appropriated to any State department or agency.
24 (d) Every patient shall have impartial access to services
25without regard to race, religion, sex, ethnicity, age, sexual

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1orientation, gender identity, marital status, or other
2disability. or disability.
3 (e) Patients shall be permitted the free exercise of
4religion and offered alternatives to spirituality based
5programming, including, but not limited to, twelve-step groups
6and self-help groups.
7 (f) Every patient's personal dignity shall be recognized in
8the provision of services, and a patient's personal privacy
9shall be assured and protected within the constraints of his or
10her individual treatment plan.
11 (g) Treatment services shall be provided in the least
12restrictive environment possible.
13 (h) Each patient receiving treatment services shall be
14provided an individual treatment plan, which shall be
15periodically reviewed and updated as mandated by
16administrative rule. necessary.
17 (i) Treatment shall be person-centered, meaning that every
18Every patient shall be permitted to participate in the planning
19of his or her total care and medical treatment to the extent
20that his or her condition permits.
21 (j) A person shall not be denied treatment solely because
22he or she has withdrawn from treatment against medical advice
23on a prior occasion or had prior treatment episodes. because he
24has relapsed after earlier treatment or, when in medical
25crisis, because of inability to pay.
26 (k) The patient in residential treatment shall be permitted

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1visits by family and significant others, unless such visits are
2clinically contraindicated.
3 (l) A patient in residential treatment shall be allowed to
4conduct private telephone conversations with family and
5friends unless clinically contraindicated.
6 (m) A patient in residential treatment shall be permitted
7to send and receive mail without hindrance, unless clinically
8contraindicated.
9 (n) A patient shall be permitted to manage his or her own
10financial affairs unless the patient or the patient's he or his
11guardian, or if the patient is a minor, the patient's his
12parent, authorizes another competent person to do so.
13 (o) A patient shall be permitted to request the opinion of
14a consultant at his or her own expense, or to request an
15in-house review of a treatment plan, as provided in the
16specific procedures of the provider. A treatment provider is
17not liable for the negligence of any consultant.
18 (p) Unless otherwise prohibited by State or federal law,
19every patient shall be permitted to obtain from his or her own
20physician, the treatment provider, or the treatment provider's
21consulting physician complete and current information
22concerning the nature of care, procedures, and treatment that
23which he or she will receive.
24 (q) A patient shall be permitted to refuse to participate
25in any experimental research or medical procedure without
26compromising his or her access to other, non-experimental

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1services. Before a patient is placed in an experimental
2research or medical procedure, the provider must first obtain
3his or her informed written consent or otherwise comply with
4the federal requirements regarding the protection of human
5subjects contained in 45 C.F.R. Part 46.
6 (r) All medical treatment and procedures shall be
7administered as ordered by a physician and in accordance with
8all Department rules. In order to assure compliance by the
9treatment program with all physician orders, all new physician
10orders shall be reviewed by the treatment program's staff
11within a reasonable period of time after such orders have been
12issued. "Medical treatment and procedures" means those
13services that can be ordered only by a physician licensed to
14practice medicine in all of its branches in Illinois.
15 (s) Every patient in treatment shall be permitted to refuse
16medical treatment and to know the consequences of such action.
17Such refusal by a patient shall free the treatment licensee
18program from the obligation to provide the treatment.
19 (t) Unless otherwise prohibited by State or federal law,
20every patient, patient's guardian, or parent, if the patient is
21a minor, shall be permitted to inspect and copy all clinical
22and other records kept by the intervention or treatment
23licensee treatment program or by his or her physician
24concerning his or her care and maintenance. The licensee
25treatment program or physician may charge a reasonable fee for
26the duplication of a record.

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1 (u) No owner, licensee, administrator, employee, or agent
2of a licensed intervention or treatment program shall abuse or
3neglect a patient. It is the duty of any individual program
4employee or agent who becomes aware of such abuse or neglect to
5report it to the Department immediately.
6 (v) The licensee administrator of a program may refuse
7access to the program to any person if the actions of that
8person while in the program are or could be injurious to the
9health and safety of a patient or the licensee program, or if
10the person seeks access to the program for commercial purposes.
11 (w) All patients admitted to community-based treatment
12facilities shall be considered voluntary treatment patients
13and such patients shall not be contained within a locked
14setting. A patient may be discharged from a program after he
15gives the administrator written notice of his desire to be
16discharged or upon completion of his prescribed course of
17treatment. No patient shall be discharged or transferred
18without the preparation of a post-treatment aftercare plan by
19the program.
20 (x) Patients and their families or legal guardians shall
21have the right to present complaints to the provider or the
22Department concerning the quality of care provided to the
23patient, without threat of discharge or reprisal in any form or
24manner whatsoever. The complaint process and procedure shall be
25adopted by the Department by rule. The treatment provider shall
26have in place a mechanism for receiving and responding to such

SB2834- 81 -LRB100 16078 KTG 33917 b
1complaints, and shall inform the patient and the patient's his
2family or legal guardian of this mechanism and how to use it.
3The provider shall analyze any complaint received and, when
4indicated, take appropriate corrective action. Every patient
5and his or her family member or legal guardian who makes a
6complaint shall receive a timely response from the provider
7that which substantively addresses the complaint. The provider
8shall inform the patient and the patient's his family or legal
9guardian about other sources of assistance if the provider has
10not resolved the complaint to the satisfaction of the patient
11or the patient's his family or legal guardian.
12 (y) A patient resident may refuse to perform labor at a
13program unless such labor is a part of the patient's his
14individual treatment plan program as documented in the
15patient's his clinical record.
16 (z) A person who is in need of services treatment may apply
17for voluntary admission to a treatment program in the manner
18and with the rights provided for under regulations promulgated
19by the Department. If a person is refused admission, then
20staff, to a licensed treatment program, the staff of the
21program, subject to rules promulgated by the Department, shall
22refer the person to another facility or to other appropriate
23services. treatment or other appropriate program.
24 (aa) No patient shall be denied services based solely on
25HIV status. Further, records and information governed by the
26AIDS Confidentiality Act and the AIDS Confidentiality and

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1Testing Code (77 Ill. Adm. Code 697) shall be maintained in
2accordance therewith.
3 (bb) Records of the identity, diagnosis, prognosis or
4treatment of any patient maintained in connection with the
5performance of any service program or activity relating to
6substance use disorder alcohol or other drug abuse or
7dependency education, early intervention, intervention,
8training, or treatment that or rehabilitation which is
9regulated, authorized, or directly or indirectly assisted by
10any Department or agency of this State or under any provision
11of this Act shall be confidential and may be disclosed only in
12accordance with the provisions of federal law and regulations
13concerning the confidentiality of substance use disorder
14alcohol and drug abuse patient records as contained in 42
15U.S.C. Sections 290dd-3 and 290ee-3 and 42 C.F.R. Part 2.
16 (1) The following are exempt from the confidentiality
17 protections set forth in 42 C.F.R. Section 2.12(c):
18 (A) Veteran's Administration records.
19 (B) Information obtained by the Armed Forces.
20 (C) Information given to qualified service
21 organizations.
22 (D) Communications within a program or between a
23 program and an entity having direct administrative
24 control over that program.
25 (E) Information given to law enforcement personnel
26 investigating a patient's commission of a crime on the

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1 program premises or against program personnel.
2 (F) Reports under State law of incidents of
3 suspected child abuse and neglect; however,
4 confidentiality restrictions continue to apply to the
5 records and any follow-up information for disclosure
6 and use in civil or criminal proceedings arising from
7 the report of suspected abuse or neglect.
8 (2) If the information is not exempt, a disclosure can
9 be made only under the following circumstances:
10 (A) With patient consent as set forth in 42 C.F.R.
11 Sections 2.1(b)(1) and 2.31, and as consistent with
12 pertinent State law.
13 (B) For medical emergencies as set forth in 42
14 C.F.R. Sections 2.1(b)(2) and 2.51.
15 (C) For research activities as set forth in 42
16 C.F.R. Sections 2.1(b)(2) and 2.52.
17 (D) For audit evaluation activities as set forth in
18 42 C.F.R. Section 2.53.
19 (E) With a court order as set forth in 42 C.F.R.
20 Sections 2.61 through 2.67.
21 (3) The restrictions on disclosure and use of patient
22 information apply whether the holder of the information
23 already has it, has other means of obtaining it, is a law
24 enforcement or other official, has obtained a subpoena, or
25 asserts any other justification for a disclosure or use
26 that which is not permitted by 42 C.F.R. Part 2. Any court

SB2834- 84 -LRB100 16078 KTG 33917 b
1 orders authorizing disclosure of patient records under
2 this Act must comply with the procedures and criteria set
3 forth in 42 C.F.R. Sections 2.64 and 2.65. Except as
4 authorized by a court order granted under this Section, no
5 record referred to in this Section may be used to initiate
6 or substantiate any charges against a patient or to conduct
7 any investigation of a patient.
8 (4) The prohibitions of this subsection shall apply to
9 records concerning any person who has been a patient,
10 regardless of whether or when the person he ceases to be a
11 patient.
12 (5) Any person who discloses the content of any record
13 referred to in this Section except as authorized shall,
14 upon conviction, be guilty of a Class A misdemeanor.
15 (6) The Department shall prescribe regulations to
16 carry out the purposes of this subsection. These
17 regulations may contain such definitions, and may provide
18 for such safeguards and procedures, including procedures
19 and criteria for the issuance and scope of court orders, as
20 in the judgment of the Department are necessary or proper
21 to effectuate the purposes of this Section, to prevent
22 circumvention or evasion thereof, or to facilitate
23 compliance therewith.
24 (cc) Each patient shall be given a written explanation of
25all the rights enumerated in this Section and a copy, signed by
26the patient, shall be kept in every patient record. If a

SB2834- 85 -LRB100 16078 KTG 33917 b
1patient is unable to read such written explanation, it shall be
2read to the patient in a language that the patient understands.
3A copy of all the rights enumerated in this Section shall be
4posted in a conspicuous place within the program where it may
5readily be seen and read by program patients and visitors.
6 (dd) The program shall ensure that its staff is familiar
7with and observes the rights and responsibilities enumerated in
8this Section.
9 (ee) Licensed organizations shall comply with the right of
10any adolescent to consent to treatment without approval of the
11parent or legal guardian in accordance with the Consent by
12Minors to Medical Procedures Act.
13 (ff) At the point of admission for services, licensed
14organizations must obtain written informed consent, as defined
15in Section 1-10 and in administrative rule, from each client,
16patient, or legal guardian.
17(Source: P.A. 99-143, eff. 7-27-15.)
18 (20 ILCS 301/35-5)
19 Sec. 35-5. Services for pregnant women and mothers.
20 (a) In order to promote a comprehensive, statewide and
21multidisciplinary approach to serving addicted pregnant women
22and mothers, including those who are minors, and their children
23who are affected by substance use disorders, alcoholism and
24other drug abuse or dependency, the Department shall have
25responsibility for an ongoing exchange of referral

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1information, as set forth in subsections (b) and (c) of this
2Section, among the following:
3 (1) those who provide medical and social services to
4 pregnant women, mothers and their children, whether or not
5 there exists evidence of a substance use disorder. These
6 include any other State-funded medical or social services
7 to pregnant women. alcoholism or other drug abuse or
8 dependency. These include providers in the Healthy
9 Moms/Healthy Kids program, the Drug Free Families With a
10 Future program, the Parents Too Soon program, and any other
11 State-funded medical or social service programs which
12 provide services to pregnant women.
13 (2) providers of treatment services to women affected
14 by substance use disorders. alcoholism or other drug abuse
15 or dependency.
16 (b) (Blank). The Department may, in conjunction with the
17Departments of Children and Family Services, Public Health and
18Public Aid, develop and maintain an updated and comprehensive
19list of medical and social service providers by geographic
20region. The Department may periodically send this
21comprehensive list of medical and social service providers to
22all providers of treatment for alcoholism and other drug abuse
23and dependency, identified under subsection (f) of this
24Section, so that appropriate referrals can be made. The
25Department shall obtain the specific consent of each provider
26of services before publishing, distributing, verbally making

SB2834- 87 -LRB100 16078 KTG 33917 b
1information available for purposes of referral, or otherwise
2publicizing the availability of services from a provider. The
3Department may make information concerning availability of
4services available to recipients, but may not require
5recipients to specific sources of care.
6 (c) (Blank). The Department may, on an ongoing basis, keep
7all medical and social service providers identified under
8subsection (b) of this Section informed about any relevant
9changes in any laws relating to alcoholism and other drug abuse
10and dependency, about services that are available from any
11State agencies for addicted pregnant women and addicted mothers
12and their children, and about any other developments that the
13Department finds to be informative.
14 (d) (Blank). All providers of treatment for alcoholism and
15other drug abuse and dependency may receive information from
16the Department on the availability of services under the Drug
17Free Families with a Future or any comparable program providing
18case management services for alcoholic or addicted women,
19including information on appropriate referrals for other
20services that may be needed in addition to treatment.
21 (e) (Blank). The Department may implement the policies and
22programs set forth in this Section with the advice of the
23Committee on Women's Alcohol and Substance Abuse Treatment
24created under Section 10-20 of this Act.
25 (f) The Department shall develop and maintain an updated
26and comprehensive directory of service providers that provide

SB2834- 88 -LRB100 16078 KTG 33917 b
1treatment services to pregnant women, mothers, and their
2children in this State. The Department shall disseminate an
3updated directory as often as is necessary to the list of
4medical and social service providers compiled under subsection
5(b) of this Section. The Department shall obtain the specific
6consent of each provider of services before publishing,
7distributing, verbally making information available for
8purposes of referral or otherwise using or publicizing the
9availability of services from a provider. The Department may
10make information concerning availability of services available
11to recipients, but may not require recipients to use specific
12sources of care.
13 (g) As a condition of any State grant or contract, the
14Department shall require that any treatment program for
15addicted women with substance use disorders provide services,
16either by its own staff or by agreement with other agencies or
17individuals, which include but need not be limited to the
18following:
19 (1) coordination with any the Healthy Moms/Healthy
20 Kids program, the Drug Free Families with a Future program,
21 or any comparable program providing case management
22 services to ensure assure ongoing monitoring and
23 coordination of services after the addicted woman has
24 returned home.
25 (2) coordination with medical services for individual
26 medical care of addicted pregnant women, including

SB2834- 89 -LRB100 16078 KTG 33917 b
1 prenatal care under the supervision of a physician.
2 (3) coordination with child care services. under any
3 State plan developed pursuant to subsection (e) of Section
4 10-25 of this Act.
5 (h) As a condition of any State grant or contract, the
6Department shall require that any nonresidential program
7receiving any funding for treatment services accept women who
8are pregnant, provided that such services are clinically
9appropriate. Failure to comply with this subsection shall
10result in termination of the grant or contract and loss of
11State funding.
12 (i)(1) From funds appropriated expressly for the purposes
13of this Section, the Department shall create or contract with
14licensed, certified agencies to develop a program for the care
15and treatment of addicted pregnant women, addicted mothers and
16their children. The program shall be in Cook County in an area
17of high density population having a disproportionate number of
18addicted women with substance use disorders and a high infant
19mortality rate.
20 (2) From funds appropriated expressly for the purposes of
21this Section, the Department shall create or contract with
22licensed, certified agencies to develop a program for the care
23and treatment of low income pregnant women. The program shall
24be located anywhere in the State outside of Cook County in an
25area of high density population having a disproportionate
26number of low income pregnant women.

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1 (3) In implementing the programs established under this
2subsection, the Department shall contract with existing
3residential treatment or residencies or recovery homes in areas
4having a disproportionate number of women with substance use
5disorders who who abuse alcohol or other drugs and need
6residential treatment and counseling. Priority shall be given
7to addicted and abusing women who:
8 (A) are pregnant, especially if they are intravenous
9 drug users,
10 (B) have minor children,
11 (C) are both pregnant and have minor children, or
12 (D) are referred by medical personnel because they
13 either have given birth to a baby with a substance use
14 disorder, addicted to a controlled substance, or will give
15 birth to a baby with a addicted to a controlled substance
16 use disorder.
17 (4) The services provided by the programs shall include but
18not be limited to:
19 (A) individual medical care, including prenatal care,
20 under the supervision of a physician.
21 (B) temporary, residential shelter for pregnant women,
22 mothers and children when necessary.
23 (C) a range of educational or counseling services.
24 (D) comprehensive and coordinated social services,
25 including substance abuse therapy groups for the treatment
26 of substance use disorders; alcoholism and other drug abuse

SB2834- 91 -LRB100 16078 KTG 33917 b
1 and dependency; family therapy groups; programs to develop
2 positive self-awareness; parent-child therapy; and
3 residential support groups.
4 (5) (Blank). No services that require a license shall be
5provided until and unless the recovery home or other residence
6obtains and maintains the requisite license.
7(Source: P.A. 88-80.)
8 (20 ILCS 301/35-10)
9 Sec. 35-10. Adolescent Family Life Program.
10 (a) The General Assembly finds and declares the following:
11 (1) In Illinois, a substantial number of babies are
12 born each year to adolescent mothers between 12 and 19
13 years of age.
14 (2) A substantial percentage of pregnant adolescents
15 have substance use disorders either abuse substances by
16 experimenting with alcohol and drugs or live in
17 environments an environment in which substance use
18 disorders occur abuse occurs and thus are at risk of
19 exposing their infants to dangerous and harmful
20 circumstances substances.
21 (3) It is difficult to provide substance use disorder
22 abuse counseling for adolescents in settings designed to
23 serve adults.
24 (b) To address the findings set forth in subsection (a),
25and subject to appropriation, the Department of Human Services

SB2834- 92 -LRB100 16078 KTG 33917 b
1as successor to the Department of Alcoholism and Substance
2Abuse may establish and fund treatment strategies a 3-year
3demonstration program in Cook County to be known as the
4Adolescent Family Life Program. The program shall be designed
5specifically to meet the developmental, social, and
6educational needs of high-risk pregnant adolescents and shall
7do the following:
8 (1) To the maximum extent feasible and appropriate,
9 utilize existing services programs and funding rather than
10 create new, duplicative programs and services.
11 (2) Include plans for coordination and collaboration
12 with existing perinatal substance use disorder services.
13 abuse programs.
14 (3) Include goals and objectives for reducing the
15 incidence of high-risk pregnant adolescents.
16 (4) Be culturally and linguistically appropriate to
17 the population being served.
18 (5) Include staff development training by substance
19 use disorder abuse counselors.
20 As used in this Section, "high-risk pregnant adolescent"
21means a person at least 12 but not more than 18 years of age
22with a substance use disorder who uses alcohol to excess, is
23addicted to a controlled substance, or habitually uses cannabis
24and is pregnant.
25 (c) (Blank). If the Department establishes a program under
26this Section, the Department shall report the following to the

SB2834- 93 -LRB100 16078 KTG 33917 b
1General Assembly on or before the first day of the thirty-first
2month following the month in which the program is initiated:
3 (1) An accounting of the incidence of high-risk
4 pregnant adolescents who are abusing alcohol or drugs or a
5 combination of alcohol and drugs.
6 (2) An accounting of the health outcomes of infants of
7 high-risk pregnant adolescents, including infant
8 morbidity, rehospitalization, low birth weight, premature
9 birth, developmental delay, and other related areas.
10 (3) An accounting of school enrollment among high-risk
11 pregnant adolescents.
12 (4) An assessment of the effectiveness of the
13 counseling services in reducing the incidence of high-risk
14 pregnant adolescents who are abusing alcohol or drugs or a
15 combination of alcohol and drugs.
16 (5) The effectiveness of the component of other health
17 programs aimed at reducing substance use among pregnant
18 adolescents.
19 (6) The need for an availability of substance abuse
20 treatment programs in the program areas that are
21 appropriate, acceptable, and accessible to adolescents.
22(Source: P.A. 90-238, eff. 1-1-98.)
23 (20 ILCS 301/Art. 40 heading)
24
ARTICLE 40. SUBSTANCE USE DISORDER TREATMENT ALTERNATIVES
25
FOR CRIMINAL JUSTICE CLIENTS

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1 (20 ILCS 301/40-5)
2 Sec. 40-5. Election of treatment. An individual with a
3substance use disorder addict or alcoholic who is charged with
4or convicted of a crime or any other person charged with or
5convicted of a misdemeanor violation of the Use of Intoxicating
6Compounds Act and who has not been previously convicted of a
7violation of that Act may elect treatment under the supervision
8of any licensed treatment program, a licensed program
9designated by the Department, referred to in this Article as
10"designated program", unless:
11 (1) the crime is a crime of violence;
12 (2) the crime is a violation of Section 401(a), 401(b),
13 401(c) where the person electing treatment has been
14 previously convicted of a non-probationable felony or the
15 violation is non-probationable, 401(d) where the violation
16 is non-probationable, 401.1, 402(a), 405 or 407 of the
17 Illinois Controlled Substances Act, or Section 12-7.3 of
18 the Criminal Code of 2012, or Section 4(d), 4(e), 4(f),
19 4(g), 5(d), 5(e), 5(f), 5(g), 5.1, 7 or 9 of the Cannabis
20 Control Act or Section 15, 20, 55, 60(b)(3), 60(b)(4),
21 60(b)(5), 60(b)(6), or 65 of the Methamphetamine Control
22 and Community Protection Act or is otherwise ineligible for
23 probation under Section 70 of the Methamphetamine Control
24 and Community Protection Act;
25 (3) the person has a record of 2 or more convictions of

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1 a crime of violence;
2 (4) other criminal proceedings alleging commission of
3 a felony are pending against the person;
4 (5) the person is on probation or parole and the
5 appropriate parole or probation authority does not consent
6 to that election;
7 (6) the person elected and was admitted to a treatment
8 designated program on 2 prior occasions within any
9 consecutive 2-year period;
10 (7) the person has been convicted of residential
11 burglary and has a record of one or more felony
12 convictions;
13 (8) the crime is a violation of Section 11-501 of the
14 Illinois Vehicle Code or a similar provision of a local
15 ordinance; or
16 (9) the crime is a reckless homicide or a reckless
17 homicide of an unborn child, as defined in Section 9-3 or
18 9-3.2 of the Criminal Code of 1961 or the Criminal Code of
19 2012, in which the cause of death consists of the driving
20 of a motor vehicle by a person under the influence of
21 alcohol or any other drug or drugs at the time of the
22 violation.
23 Nothing in this Section shall preclude an individual who is
24charged with or convicted of a crime that is a violation of
25Section 60(b)(1) or 60(b)(2) of the Methamphetamine Control and
26Community Protection Act, and who is otherwise eligible to make

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1the election provided for under this Section, from being
2eligible to make an election for treatment as a condition of
3probation as provided for under this Article.
4(Source: P.A. 98-896, eff. 1-1-15; 98-1124, eff. 8-26-14;
599-78, eff. 7-20-15.)
6 (20 ILCS 301/40-10)
7 Sec. 40-10. Treatment as a condition of probation.
8 (a) If a court has reason to believe that an individual who
9is charged with or convicted of a crime suffers from a
10substance use disorder alcoholism or other drug addiction and
11the court finds that he or she is eligible to make the election
12provided for under Section 40-5, the court shall advise the
13individual that he or she may be sentenced to probation and
14shall be subject to terms and conditions of probation under
15Section 5-6-3 of the Unified Code of Corrections if he or she
16elects to participate in submit to treatment and is accepted
17for services by a licensed treatment facility. treatment by a
18designated program. The court shall further advise the
19individual that:
20 (1) If if he or she elects to participate in submit to
21 treatment and is accepted he or she shall be sentenced to
22 probation and placed under the supervision of the treatment
23 designated program for a period not to exceed the maximum
24 sentence that could be imposed for his or her conviction or
25 5 years, whichever is less.

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1 (2) (Blank). during probation he or she may be treated
2 at the discretion of the designated program.
3 (3) If if he or she adheres to the requirements of the
4 treatment designated program and fulfills the other
5 conditions of probation ordered by the court, he or she
6 will be discharged, but any failure to adhere to the
7 requirements of the treatment designated program is a
8 breach of probation.
9 The court may require certify an individual to obtain for
10treatment while on probation under the supervision of a
11treatment designated program and probation authorities
12regardless of the election of the individual if the assessment,
13as specified in subsection (b), indicates that such treatment
14is medically necessary.
15 (b) If the individual elects to undergo treatment or is
16required to obtain certified for treatment, the court shall
17order an assessment by a licensed treatment examination by a
18designated program to determine whether he or she suffers from
19a substance use disorder alcoholism or other drug addiction and
20is likely to be rehabilitated through treatment. The treatment
21designated program shall report to the court the results of the
22assessment and, if treatment is determined medically
23necessary, indicate the diagnosis and the recommended initial
24level of care. examination and recommend whether the individual
25should be placed for treatment. If the court, on the basis of
26the report and other information, finds that such an individual

SB2834- 98 -LRB100 16078 KTG 33917 b
1suffers from a substance use disorder alcoholism or other drug
2addiction and is likely to be rehabilitated through treatment,
3the individual shall be placed on probation and under the
4supervision of a treatment designated program for treatment and
5under the supervision of the proper probation authorities for
6probation supervision unless, giving consideration to the
7nature and circumstances of the offense and to the history,
8character, and condition of the individual, the court is of the
9opinion that no significant relationship exists between the
10substance use disorder addiction or alcoholism of the
11individual and the crime committed, or that his or her
12imprisonment or periodic imprisonment is necessary for the
13protection of the public, and the court specifies on the record
14the particular evidence, information, or other reasons that
15form the basis of such opinion. However, under no circumstances
16shall the individual be placed under the supervision of a
17treatment designated program for treatment before the entry of
18a judgment of conviction.
19 (c) If the court, on the basis of the report or other
20information, finds that the individual suffering from a
21substance use disorder alcoholism or other drug addiction is
22not likely to be rehabilitated through treatment, or that his
23or her substance use disorder addiction or alcoholism and the
24crime committed are not significantly related, or that his or
25her imprisonment or periodic imprisonment is necessary for the
26protection of the public, the court shall impose sentence as in

SB2834- 99 -LRB100 16078 KTG 33917 b
1other cases. The court may require such progress reports on the
2individual from the probation officer and treatment designated
3program as the court finds necessary. No individual may be
4placed under treatment supervision of a treatment program
5unless the treatment program accepts him or her for services.
6unless a designated program accepts him for treatment.
7 (d) Failure of an individual placed on probation and under
8the supervision of a treatment designated program to observe
9the requirements set down by the treatment designated program
10shall be considered a probation violation. Such failure shall
11be reported by the treatment designated program to the
12probation officer in charge of the individual and treated in
13accordance with probation regulations.
14 (e) Upon successful fulfillment of the terms and conditions
15of probation the court shall discharge the person from
16probation. If the person has not previously been convicted of
17any felony offense and has not previously been granted a
18vacation of judgment under this Section, upon motion, the court
19shall vacate the judgment of conviction and dismiss the
20criminal proceedings against him or her unless, having
21considered the nature and circumstances of the offense and the
22history, character and condition of the individual, the court
23finds that the motion should not be granted. Unless good cause
24is shown, such motion to vacate must be filed at any time from
25the date of the entry of the judgment to a date that is not more
26than 60 days after the discharge of the probation.

SB2834- 100 -LRB100 16078 KTG 33917 b
1(Source: P.A. 99-574, eff. 1-1-17.)
2 (20 ILCS 301/40-15)
3 Sec. 40-15. Acceptance for treatment as a parole or
4aftercare release condition. Acceptance for treatment for a
5substance use disorder drug addiction or alcoholism under the
6supervision of a treatment designated program may be made a
7condition of parole or aftercare release, and failure to comply
8with such services treatment may be treated as a violation of
9parole or aftercare release. A treatment designated program
10shall establish the conditions under which a parolee or
11releasee is accepted for services treatment. No parolee or
12releasee may be placed under the supervision of a treatment
13designated program for treatment unless the designated program
14accepts him or her for treatment. The treatment designated
15program shall make periodic progress reports regarding each
16such parolee or releasee to the appropriate parole authority
17and shall report failures to comply with the prescribed
18treatment program.
19(Source: P.A. 98-558, eff. 1-1-14.)
20 (20 ILCS 301/45-5)
21 Sec. 45-5. Inspections.
22 (a) Employees or officers of the Department are authorized
23to enter, at reasonable times and upon presentation of
24credentials, the premises on which any licensed or funded

SB2834- 101 -LRB100 16078 KTG 33917 b
1activity is conducted, including off-site services, in order to
2inspect all pertinent property, records, personnel and
3business data that which relate to such activity.
4 (b) When authorized by an administrative inspection
5warrant issued pursuant to this Act, any officer or employee
6may execute the inspection warrant according to its terms.
7Entries, inspections and seizures of property may be made
8without a warrant:
9 (1) if the person in charge of the premises consents.
10 (2) in situations presenting imminent danger to health
11 or safety.
12 (3) in situations involving inspections of conveyances
13 if there is reasonable cause to believe that the mobility
14 of the conveyance makes it impracticable to obtain a
15 warrant.
16 (4) in any other exceptional or emergency
17 circumstances where time or opportunity to apply for a
18 warrant is lacking.
19 (c) Issuance and execution of administrative inspection
20warrants shall be as follows.
21 (1) A judge of the circuit court, upon proper oath or
22 affirmation showing probable cause, may issue
23 administrative inspection warrants for the purpose of
24 conducting inspections and seizing property. Probable
25 cause exists upon showing a valid public interest in the
26 effective enforcement of this Act or regulations

SB2834- 102 -LRB100 16078 KTG 33917 b
1 promulgated hereunder, sufficient to justify inspection or
2 seizure of property.
3 (2) An inspection warrant shall be issued only upon an
4 affidavit of a person having knowledge of the facts
5 alleged, sworn to before the circuit judge and established
6 as grounds for issuance of a warrant. If the circuit judge
7 is satisfied that probable cause exists, he shall issue an
8 inspection warrant identifying the premises to be
9 inspected, the property, if any, to be seized, and the
10 purpose of the inspection or seizure.
11 (3) The inspection warrant shall state the grounds for
12 its issuance, the names of persons whose affidavits have
13 been taken in support thereof and any items or types of
14 property to be seized.
15 (4) The inspection warrant shall be directed to a
16 person authorized by the Secretary to execute it, shall
17 command the person to inspect or seize the property, direct
18 that it be served at any time of day or night, and
19 designate a circuit judge to whom it shall be returned.
20 (5) The inspection warrant must be executed and
21 returned within 10 days of the date of issuance unless the
22 court orders otherwise.
23 (6) If property is seized, an inventory shall be made.
24 A copy of the inventory of the seized property shall be
25 given to the person from whom the property was taken, or if
26 no person is available to receive the inventory, it shall

SB2834- 103 -LRB100 16078 KTG 33917 b
1 be left at the premises.
2 (7) No warrant shall be quashed nor evidence suppressed
3 because of technical irregularities not affecting the
4 substantive rights of the persons affected. The Department
5 shall have exclusive jurisdiction for the enforcement of
6 this Act and for violations thereof.
7(Source: P.A. 88-80; 89-202, eff. 7-21-95; 89-507, eff.
87-1-97.)
9 (20 ILCS 301/50-10)
10 Sec. 50-10. Alcoholism and Substance Abuse Fund. Monies
11received from the federal government, except monies received
12under the Block Grant for the Prevention and Treatment of
13Alcoholism and Substance Abuse, and other gifts or grants made
14by any person or other organization or State entity to the fund
15shall be deposited into the Alcoholism and Substance Abuse Fund
16which is hereby created as a special fund in the State
17treasury. Monies in this fund shall be appropriated to the
18Department and expended for the purposes and activities
19specified by the person, organization or federal agency making
20the gift or grant.
21(Source: P.A. 98-463, eff. 8-16-13.)
22 (20 ILCS 301/50-20)
23 Sec. 50-20. Drunk and Drugged Driving Prevention Fund.
24There is hereby created in the State treasury a special fund to

SB2834- 104 -LRB100 16078 KTG 33917 b
1be known as the Drunk and Drugged Driving Prevention Fund.
2There shall be deposited into this Fund such amounts as may be
3received pursuant to subsection (c)(2) of Section 6-118 of the
4Illinois Vehicle Code. Monies in this fund shall be
5appropriated to the Department and expended for the purpose of
6making grants to reimburse DUI evaluation and risk remedial
7education programs licensed by the Department for the costs of
8providing indigent persons with free or reduced-cost services
9relating to a criminal charge of driving under the influence of
10alcohol or other drugs. Monies in the Drunk and Drugged Driving
11Prevention Fund may also be used to enhance and support
12regulatory inspections and investigations conducted by the
13Department under Article 45 of this Act. The balance of the
14Fund on June 30 of each fiscal year, less the amount of any
15expenditures attributable to that fiscal year during the lapse
16period, shall be transferred by the Treasurer to the General
17Revenue Fund by the following October 10.
18(Source: P.A. 88-80.)
19 (20 ILCS 301/50-40)
20 Sec. 50-40. Group Home Loan Revolving Fund.
21 (a) There is hereby established the Group Home Loan
22Revolving Fund, referred to in this Section as the "fund", to
23be held as a separate fund within the State Treasury. Monies in
24this fund shall be appropriated to the Department on a
25continuing annual basis. With these funds, the Department

SB2834- 105 -LRB100 16078 KTG 33917 b
1shall, directly or through subcontract, make loans to assist in
2underwriting the costs of housing in which there may reside no
3fewer than 6 individuals who are recovering from substance use
4disorders alcohol or other drug abuse or dependency, and who
5are seeking an alcohol-free or a drug-free environment in which
6to live. Consistent with federal law and regulation, the
7Department may establish guidelines for approving the use and
8management of monies loaned from the fund, the operation of
9group homes receiving loans under this Section and the
10repayment of monies loaned.
11 (b) There shall be deposited into the fund such amounts
12including, but not limited to:
13 (1) all receipts, including principal and interest
14 payments and royalties, from any applicable loan agreement
15 made from the fund.
16 (2) all proceeds of assets of whatever nature received
17 by the Department as a result of default or delinquency
18 with respect to loan agreements made from the fund,
19 including proceeds from the sale, disposal, lease or rental
20 of real or personal property that which the Department may
21 receive as a result thereof.
22 (3) any direct appropriations made by the General
23 Assembly, or any gifts or grants made by any person to the
24 fund.
25 (4) any income received from interest on investments of
26 monies in the fund.

SB2834- 106 -LRB100 16078 KTG 33917 b
1 (c) The Treasurer may invest monies in the fund in
2securities constituting obligations of the United States
3government, or in obligations the principal of and interest on
4which are guaranteed by the United States government, or in
5certificates of deposit of any State or national bank which are
6fully secured by obligations guaranteed as to principal and
7interest by the United States government.
8(Source: P.A. 88-80.)
9 (20 ILCS 301/55-25)
10 Sec. 55-25. Drug court grant program.
11 (a) Subject to appropriation, the Department Division of
12Alcoholism and Substance Abuse within the Department of Human
13Services shall establish a program to administer grants to
14local drug courts. Grant moneys may be used for the following
15purposes:
16 (1) treatment or other clinical intervention through
17 an appropriately licensed provider;
18 (2) monitoring, supervision, and clinical case
19 management via probation or licensed treatment providers; ,
20 TASC, or other licensed Division of Alcoholism and
21 Substance Abuse (DASA) providers;
22 (3) transportation of the offender to required
23 appointments;
24 (4) interdisciplinary and other training of both
25 clinical and legal professionals who are involved in the

SB2834- 107 -LRB100 16078 KTG 33917 b
1 local drug court;
2 (5) other activities including data collection related
3 to drug court operation and purchase of software or other
4 administrative tools to assist in the overall management of
5 the local system; or
6 (6) court appointed special advocate programs.
7 (b) The position of Statewide Drug Court Coordinator is
8created as a full-time position within the Department Division
9of Alcoholism and Substance Abuse. The Statewide Drug Court
10Coordinator shall be responsible for the following:
11 (1) coordinating training, technical assistance, and
12 overall support to drug courts in Illinois;
13 (2) assisting in the development of new drug courts and
14 advising local partnerships on appropriate practices;
15 (3) collecting data from local drug court partnerships
16 on drug court operations and aggregating that data into an
17 annual report to be presented to the General Assembly; and
18 (4) acting as a liaison between the State and the
19 Illinois Association of Drug Court Professionals.
20(Source: P.A. 95-204, eff. 1-1-08.)
21 (20 ILCS 301/55-30)
22 Sec. 55-30. Rate increase. The Department Within 30 days
23after the effective date of this amendatory Act of the 100th
24General Assembly, the Division of Alcoholism and Substance
25Abuse shall by rule develop the increased rate methodology and

SB2834- 108 -LRB100 16078 KTG 33917 b
1annualize the increased rate beginning with State fiscal year
22018 contracts to licensed providers of community-based
3substance use disorder intervention or treatment community
4based addiction treatment, based on the additional amounts
5appropriated for the purpose of providing a rate increase to
6licensed providers of community based addiction treatment. The
7Department shall adopt rules, including emergency rules under
8subsection (y) of Section 5-45 of the Illinois Administrative
9Procedure Act, to implement the provisions of this Section.
10(Source: P.A. 100-23, eff. 7-6-17.)
11 (20 ILCS 301/10-20 rep.)
12 (20 ILCS 301/10-25 rep.)
13 (20 ILCS 301/10-30 rep.)
14 (20 ILCS 301/10-55 rep.)
15 (20 ILCS 301/10-60 rep.)
16 Section 10. The Alcoholism and Other Drug Abuse and
17Dependency Act is amended by repealing Sections 10-20, 10-25,
1810-30, 10-55, and 10-60.
19 Section 11. The Children and Family Services Act is amended
20by changing Section 5 as follows:
21 (20 ILCS 505/5) (from Ch. 23, par. 5005)
22 Sec. 5. Direct child welfare services; Department of
23Children and Family Services. To provide direct child welfare

SB2834- 109 -LRB100 16078 KTG 33917 b
1services when not available through other public or private
2child care or program facilities.
3 (a) For purposes of this Section:
4 (1) "Children" means persons found within the State who
5 are under the age of 18 years. The term also includes
6 persons under age 21 who:
7 (A) were committed to the Department pursuant to
8 the Juvenile Court Act or the Juvenile Court Act of
9 1987, as amended, prior to the age of 18 and who
10 continue under the jurisdiction of the court; or
11 (B) were accepted for care, service and training by
12 the Department prior to the age of 18 and whose best
13 interest in the discretion of the Department would be
14 served by continuing that care, service and training
15 because of severe emotional disturbances, physical
16 disability, social adjustment or any combination
17 thereof, or because of the need to complete an
18 educational or vocational training program.
19 (2) "Homeless youth" means persons found within the
20 State who are under the age of 19, are not in a safe and
21 stable living situation and cannot be reunited with their
22 families.
23 (3) "Child welfare services" means public social
24 services which are directed toward the accomplishment of
25 the following purposes:
26 (A) protecting and promoting the health, safety

SB2834- 110 -LRB100 16078 KTG 33917 b
1 and welfare of children, including homeless, dependent
2 or neglected children;
3 (B) remedying, or assisting in the solution of
4 problems which may result in, the neglect, abuse,
5 exploitation or delinquency of children;
6 (C) preventing the unnecessary separation of
7 children from their families by identifying family
8 problems, assisting families in resolving their
9 problems, and preventing the breakup of the family
10 where the prevention of child removal is desirable and
11 possible when the child can be cared for at home
12 without endangering the child's health and safety;
13 (D) restoring to their families children who have
14 been removed, by the provision of services to the child
15 and the families when the child can be cared for at
16 home without endangering the child's health and
17 safety;
18 (E) placing children in suitable adoptive homes,
19 in cases where restoration to the biological family is
20 not safe, possible or appropriate;
21 (F) assuring safe and adequate care of children
22 away from their homes, in cases where the child cannot
23 be returned home or cannot be placed for adoption. At
24 the time of placement, the Department shall consider
25 concurrent planning, as described in subsection (l-1)
26 of this Section so that permanency may occur at the

SB2834- 111 -LRB100 16078 KTG 33917 b
1 earliest opportunity. Consideration should be given so
2 that if reunification fails or is delayed, the
3 placement made is the best available placement to
4 provide permanency for the child;
5 (G) (blank);
6 (H) (blank); and
7 (I) placing and maintaining children in facilities
8 that provide separate living quarters for children
9 under the age of 18 and for children 18 years of age
10 and older, unless a child 18 years of age is in the
11 last year of high school education or vocational
12 training, in an approved individual or group treatment
13 program, in a licensed shelter facility, or secure
14 child care facility. The Department is not required to
15 place or maintain children:
16 (i) who are in a foster home, or
17 (ii) who are persons with a developmental
18 disability, as defined in the Mental Health and
19 Developmental Disabilities Code, or
20 (iii) who are female children who are
21 pregnant, pregnant and parenting or parenting, or
22 (iv) who are siblings, in facilities that
23 provide separate living quarters for children 18
24 years of age and older and for children under 18
25 years of age.
26 (b) Nothing in this Section shall be construed to authorize

SB2834- 112 -LRB100 16078 KTG 33917 b
1the expenditure of public funds for the purpose of performing
2abortions.
3 (c) The Department shall establish and maintain
4tax-supported child welfare services and extend and seek to
5improve voluntary services throughout the State, to the end
6that services and care shall be available on an equal basis
7throughout the State to children requiring such services.
8 (d) The Director may authorize advance disbursements for
9any new program initiative to any agency contracting with the
10Department. As a prerequisite for an advance disbursement, the
11contractor must post a surety bond in the amount of the advance
12disbursement and have a purchase of service contract approved
13by the Department. The Department may pay up to 2 months
14operational expenses in advance. The amount of the advance
15disbursement shall be prorated over the life of the contract or
16the remaining months of the fiscal year, whichever is less, and
17the installment amount shall then be deducted from future
18bills. Advance disbursement authorizations for new initiatives
19shall not be made to any agency after that agency has operated
20during 2 consecutive fiscal years. The requirements of this
21Section concerning advance disbursements shall not apply with
22respect to the following: payments to local public agencies for
23child day care services as authorized by Section 5a of this
24Act; and youth service programs receiving grant funds under
25Section 17a-4.
26 (e) (Blank).

SB2834- 113 -LRB100 16078 KTG 33917 b
1 (f) (Blank).
2 (g) The Department shall establish rules and regulations
3concerning its operation of programs designed to meet the goals
4of child safety and protection, family preservation, family
5reunification, and adoption, including but not limited to:
6 (1) adoption;
7 (2) foster care;
8 (3) family counseling;
9 (4) protective services;
10 (5) (blank);
11 (6) homemaker service;
12 (7) return of runaway children;
13 (8) (blank);
14 (9) placement under Section 5-7 of the Juvenile Court
15 Act or Section 2-27, 3-28, 4-25 or 5-740 of the Juvenile
16 Court Act of 1987 in accordance with the federal Adoption
17 Assistance and Child Welfare Act of 1980; and
18 (10) interstate services.
19 Rules and regulations established by the Department shall
20include provisions for training Department staff and the staff
21of Department grantees, through contracts with other agencies
22or resources, in alcohol and drug abuse screening techniques to
23identify substance use disorders, as defined in the Substance
24Use Disorder Act, approved by the Department of Human Services,
25as a successor to the Department of Alcoholism and Substance
26Abuse, for the purpose of identifying children and adults who

SB2834- 114 -LRB100 16078 KTG 33917 b
1should be referred for an assessment at an organization
2appropriately licensed by the Department of Human Services for
3substance use disorder treatment to an alcohol and drug abuse
4treatment program for professional evaluation.
5 (h) If the Department finds that there is no appropriate
6program or facility within or available to the Department for a
7youth in care and that no licensed private facility has an
8adequate and appropriate program or none agrees to accept the
9youth in care, the Department shall create an appropriate
10individualized, program-oriented plan for such youth in care.
11The plan may be developed within the Department or through
12purchase of services by the Department to the extent that it is
13within its statutory authority to do.
14 (i) Service programs shall be available throughout the
15State and shall include but not be limited to the following
16services:
17 (1) case management;
18 (2) homemakers;
19 (3) counseling;
20 (4) parent education;
21 (5) day care; and
22 (6) emergency assistance and advocacy.
23 In addition, the following services may be made available
24to assess and meet the needs of children and families:
25 (1) comprehensive family-based services;
26 (2) assessments;

SB2834- 115 -LRB100 16078 KTG 33917 b
1 (3) respite care; and
2 (4) in-home health services.
3 The Department shall provide transportation for any of the
4services it makes available to children or families or for
5which it refers children or families.
6 (j) The Department may provide categories of financial
7assistance and education assistance grants, and shall
8establish rules and regulations concerning the assistance and
9grants, to persons who adopt children with physical or mental
10disabilities, children who are older, or other hard-to-place
11children who (i) immediately prior to their adoption were youth
12in care or (ii) were determined eligible for financial
13assistance with respect to a prior adoption and who become
14available for adoption because the prior adoption has been
15dissolved and the parental rights of the adoptive parents have
16been terminated or because the child's adoptive parents have
17died. The Department may continue to provide financial
18assistance and education assistance grants for a child who was
19determined eligible for financial assistance under this
20subsection (j) in the interim period beginning when the child's
21adoptive parents died and ending with the finalization of the
22new adoption of the child by another adoptive parent or
23parents. The Department may also provide categories of
24financial assistance and education assistance grants, and
25shall establish rules and regulations for the assistance and
26grants, to persons appointed guardian of the person under

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1Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28,
24-25 or 5-740 of the Juvenile Court Act of 1987 for children
3who were youth in care for 12 months immediately prior to the
4appointment of the guardian.
5 The amount of assistance may vary, depending upon the needs
6of the child and the adoptive parents, as set forth in the
7annual assistance agreement. Special purpose grants are
8allowed where the child requires special service but such costs
9may not exceed the amounts which similar services would cost
10the Department if it were to provide or secure them as guardian
11of the child.
12 Any financial assistance provided under this subsection is
13inalienable by assignment, sale, execution, attachment,
14garnishment, or any other remedy for recovery or collection of
15a judgment or debt.
16 (j-5) The Department shall not deny or delay the placement
17of a child for adoption if an approved family is available
18either outside of the Department region handling the case, or
19outside of the State of Illinois.
20 (k) The Department shall accept for care and training any
21child who has been adjudicated neglected or abused, or
22dependent committed to it pursuant to the Juvenile Court Act or
23the Juvenile Court Act of 1987.
24 (l) The Department shall offer family preservation
25services, as defined in Section 8.2 of the Abused and Neglected
26Child Reporting Act, to help families, including adoptive and

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1extended families. Family preservation services shall be
2offered (i) to prevent the placement of children in substitute
3care when the children can be cared for at home or in the
4custody of the person responsible for the children's welfare,
5(ii) to reunite children with their families, or (iii) to
6maintain an adoptive placement. Family preservation services
7shall only be offered when doing so will not endanger the
8children's health or safety. With respect to children who are
9in substitute care pursuant to the Juvenile Court Act of 1987,
10family preservation services shall not be offered if a goal
11other than those of subdivisions (A), (B), or (B-1) of
12subsection (2) of Section 2-28 of that Act has been set.
13Nothing in this paragraph shall be construed to create a
14private right of action or claim on the part of any individual
15or child welfare agency, except that when a child is the
16subject of an action under Article II of the Juvenile Court Act
17of 1987 and the child's service plan calls for services to
18facilitate achievement of the permanency goal, the court
19hearing the action under Article II of the Juvenile Court Act
20of 1987 may order the Department to provide the services set
21out in the plan, if those services are not provided with
22reasonable promptness and if those services are available.
23 The Department shall notify the child and his family of the
24Department's responsibility to offer and provide family
25preservation services as identified in the service plan. The
26child and his family shall be eligible for services as soon as

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1the report is determined to be "indicated". The Department may
2offer services to any child or family with respect to whom a
3report of suspected child abuse or neglect has been filed,
4prior to concluding its investigation under Section 7.12 of the
5Abused and Neglected Child Reporting Act. However, the child's
6or family's willingness to accept services shall not be
7considered in the investigation. The Department may also
8provide services to any child or family who is the subject of
9any report of suspected child abuse or neglect or may refer
10such child or family to services available from other agencies
11in the community, even if the report is determined to be
12unfounded, if the conditions in the child's or family's home
13are reasonably likely to subject the child or family to future
14reports of suspected child abuse or neglect. Acceptance of such
15services shall be voluntary. The Department may also provide
16services to any child or family after completion of a family
17assessment, as an alternative to an investigation, as provided
18under the "differential response program" provided for in
19subsection (a-5) of Section 7.4 of the Abused and Neglected
20Child Reporting Act.
21 The Department may, at its discretion except for those
22children also adjudicated neglected or dependent, accept for
23care and training any child who has been adjudicated addicted,
24as a truant minor in need of supervision or as a minor
25requiring authoritative intervention, under the Juvenile Court
26Act or the Juvenile Court Act of 1987, but no such child shall

SB2834- 119 -LRB100 16078 KTG 33917 b
1be committed to the Department by any court without the
2approval of the Department. On and after January 1, 2015 (the
3effective date of Public Act 98-803) this amendatory Act of the
498th General Assembly and before January 1, 2017, a minor
5charged with a criminal offense under the Criminal Code of 1961
6or the Criminal Code of 2012 or adjudicated delinquent shall
7not be placed in the custody of or committed to the Department
8by any court, except (i) a minor less than 16 years of age
9committed to the Department under Section 5-710 of the Juvenile
10Court Act of 1987, (ii) a minor for whom an independent basis
11of abuse, neglect, or dependency exists, which must be defined
12by departmental rule, or (iii) a minor for whom the court has
13granted a supplemental petition to reinstate wardship pursuant
14to subsection (2) of Section 2-33 of the Juvenile Court Act of
151987. On and after January 1, 2017, a minor charged with a
16criminal offense under the Criminal Code of 1961 or the
17Criminal Code of 2012 or adjudicated delinquent shall not be
18placed in the custody of or committed to the Department by any
19court, except (i) a minor less than 15 years of age committed
20to the Department under Section 5-710 of the Juvenile Court Act
21of 1987, ii) a minor for whom an independent basis of abuse,
22neglect, or dependency exists, which must be defined by
23departmental rule, or (iii) a minor for whom the court has
24granted a supplemental petition to reinstate wardship pursuant
25to subsection (2) of Section 2-33 of the Juvenile Court Act of
261987. An independent basis exists when the allegations or

SB2834- 120 -LRB100 16078 KTG 33917 b
1adjudication of abuse, neglect, or dependency do not arise from
2the same facts, incident, or circumstances which give rise to a
3charge or adjudication of delinquency. The Department shall
4assign a caseworker to attend any hearing involving a youth in
5the care and custody of the Department who is placed on
6aftercare release, including hearings involving sanctions for
7violation of aftercare release conditions and aftercare
8release revocation hearings.
9 As soon as is possible after August 7, 2009 (the effective
10date of Public Act 96-134), the Department shall develop and
11implement a special program of family preservation services to
12support intact, foster, and adoptive families who are
13experiencing extreme hardships due to the difficulty and stress
14of caring for a child who has been diagnosed with a pervasive
15developmental disorder if the Department determines that those
16services are necessary to ensure the health and safety of the
17child. The Department may offer services to any family whether
18or not a report has been filed under the Abused and Neglected
19Child Reporting Act. The Department may refer the child or
20family to services available from other agencies in the
21community if the conditions in the child's or family's home are
22reasonably likely to subject the child or family to future
23reports of suspected child abuse or neglect. Acceptance of
24these services shall be voluntary. The Department shall develop
25and implement a public information campaign to alert health and
26social service providers and the general public about these

SB2834- 121 -LRB100 16078 KTG 33917 b
1special family preservation services. The nature and scope of
2the services offered and the number of families served under
3the special program implemented under this paragraph shall be
4determined by the level of funding that the Department annually
5allocates for this purpose. The term "pervasive developmental
6disorder" under this paragraph means a neurological condition,
7including but not limited to, Asperger's Syndrome and autism,
8as defined in the most recent edition of the Diagnostic and
9Statistical Manual of Mental Disorders of the American
10Psychiatric Association.
11 (l-1) The legislature recognizes that the best interests of
12the child require that the child be placed in the most
13permanent living arrangement as soon as is practically
14possible. To achieve this goal, the legislature directs the
15Department of Children and Family Services to conduct
16concurrent planning so that permanency may occur at the
17earliest opportunity. Permanent living arrangements may
18include prevention of placement of a child outside the home of
19the family when the child can be cared for at home without
20endangering the child's health or safety; reunification with
21the family, when safe and appropriate, if temporary placement
22is necessary; or movement of the child toward the most
23permanent living arrangement and permanent legal status.
24 When determining reasonable efforts to be made with respect
25to a child, as described in this subsection, and in making such
26reasonable efforts, the child's health and safety shall be the

SB2834- 122 -LRB100 16078 KTG 33917 b
1paramount concern.
2 When a child is placed in foster care, the Department shall
3ensure and document that reasonable efforts were made to
4prevent or eliminate the need to remove the child from the
5child's home. The Department must make reasonable efforts to
6reunify the family when temporary placement of the child occurs
7unless otherwise required, pursuant to the Juvenile Court Act
8of 1987. At any time after the dispositional hearing where the
9Department believes that further reunification services would
10be ineffective, it may request a finding from the court that
11reasonable efforts are no longer appropriate. The Department is
12not required to provide further reunification services after
13such a finding.
14 A decision to place a child in substitute care shall be
15made with considerations of the child's health, safety, and
16best interests. At the time of placement, consideration should
17also be given so that if reunification fails or is delayed, the
18placement made is the best available placement to provide
19permanency for the child.
20 The Department shall adopt rules addressing concurrent
21planning for reunification and permanency. The Department
22shall consider the following factors when determining
23appropriateness of concurrent planning:
24 (1) the likelihood of prompt reunification;
25 (2) the past history of the family;
26 (3) the barriers to reunification being addressed by

SB2834- 123 -LRB100 16078 KTG 33917 b
1 the family;
2 (4) the level of cooperation of the family;
3 (5) the foster parents' willingness to work with the
4 family to reunite;
5 (6) the willingness and ability of the foster family to
6 provide an adoptive home or long-term placement;
7 (7) the age of the child;
8 (8) placement of siblings.
9 (m) The Department may assume temporary custody of any
10child if:
11 (1) it has received a written consent to such temporary
12 custody signed by the parents of the child or by the parent
13 having custody of the child if the parents are not living
14 together or by the guardian or custodian of the child if
15 the child is not in the custody of either parent, or
16 (2) the child is found in the State and neither a
17 parent, guardian nor custodian of the child can be located.
18If the child is found in his or her residence without a parent,
19guardian, custodian or responsible caretaker, the Department
20may, instead of removing the child and assuming temporary
21custody, place an authorized representative of the Department
22in that residence until such time as a parent, guardian or
23custodian enters the home and expresses a willingness and
24apparent ability to ensure the child's health and safety and
25resume permanent charge of the child, or until a relative
26enters the home and is willing and able to ensure the child's

SB2834- 124 -LRB100 16078 KTG 33917 b
1health and safety and assume charge of the child until a
2parent, guardian or custodian enters the home and expresses
3such willingness and ability to ensure the child's safety and
4resume permanent charge. After a caretaker has remained in the
5home for a period not to exceed 12 hours, the Department must
6follow those procedures outlined in Section 2-9, 3-11, 4-8, or
75-415 of the Juvenile Court Act of 1987.
8 The Department shall have the authority, responsibilities
9and duties that a legal custodian of the child would have
10pursuant to subsection (9) of Section 1-3 of the Juvenile Court
11Act of 1987. Whenever a child is taken into temporary custody
12pursuant to an investigation under the Abused and Neglected
13Child Reporting Act, or pursuant to a referral and acceptance
14under the Juvenile Court Act of 1987 of a minor in limited
15custody, the Department, during the period of temporary custody
16and before the child is brought before a judicial officer as
17required by Section 2-9, 3-11, 4-8, or 5-415 of the Juvenile
18Court Act of 1987, shall have the authority, responsibilities
19and duties that a legal custodian of the child would have under
20subsection (9) of Section 1-3 of the Juvenile Court Act of
211987.
22 The Department shall ensure that any child taken into
23custody is scheduled for an appointment for a medical
24examination.
25 A parent, guardian or custodian of a child in the temporary
26custody of the Department who would have custody of the child

SB2834- 125 -LRB100 16078 KTG 33917 b
1if he were not in the temporary custody of the Department may
2deliver to the Department a signed request that the Department
3surrender the temporary custody of the child. The Department
4may retain temporary custody of the child for 10 days after the
5receipt of the request, during which period the Department may
6cause to be filed a petition pursuant to the Juvenile Court Act
7of 1987. If a petition is so filed, the Department shall retain
8temporary custody of the child until the court orders
9otherwise. If a petition is not filed within the 10-day 10 day
10period, the child shall be surrendered to the custody of the
11requesting parent, guardian or custodian not later than the
12expiration of the 10-day 10 day period, at which time the
13authority and duties of the Department with respect to the
14temporary custody of the child shall terminate.
15 (m-1) The Department may place children under 18 years of
16age in a secure child care facility licensed by the Department
17that cares for children who are in need of secure living
18arrangements for their health, safety, and well-being after a
19determination is made by the facility director and the Director
20or the Director's designate prior to admission to the facility
21subject to Section 2-27.1 of the Juvenile Court Act of 1987.
22This subsection (m-1) does not apply to a child who is subject
23to placement in a correctional facility operated pursuant to
24Section 3-15-2 of the Unified Code of Corrections, unless the
25child is a youth in care who was placed in the care of the
26Department before being subject to placement in a correctional

SB2834- 126 -LRB100 16078 KTG 33917 b
1facility and a court of competent jurisdiction has ordered
2placement of the child in a secure care facility.
3 (n) The Department may place children under 18 years of age
4in licensed child care facilities when in the opinion of the
5Department, appropriate services aimed at family preservation
6have been unsuccessful and cannot ensure the child's health and
7safety or are unavailable and such placement would be for their
8best interest. Payment for board, clothing, care, training and
9supervision of any child placed in a licensed child care
10facility may be made by the Department, by the parents or
11guardians of the estates of those children, or by both the
12Department and the parents or guardians, except that no
13payments shall be made by the Department for any child placed
14in a licensed child care facility for board, clothing, care,
15training and supervision of such a child that exceed the
16average per capita cost of maintaining and of caring for a
17child in institutions for dependent or neglected children
18operated by the Department. However, such restriction on
19payments does not apply in cases where children require
20specialized care and treatment for problems of severe emotional
21disturbance, physical disability, social adjustment, or any
22combination thereof and suitable facilities for the placement
23of such children are not available at payment rates within the
24limitations set forth in this Section. All reimbursements for
25services delivered shall be absolutely inalienable by
26assignment, sale, attachment, garnishment or otherwise.

SB2834- 127 -LRB100 16078 KTG 33917 b
1 (n-1) The Department shall provide or authorize child
2welfare services, aimed at assisting minors to achieve
3sustainable self-sufficiency as independent adults, for any
4minor eligible for the reinstatement of wardship pursuant to
5subsection (2) of Section 2-33 of the Juvenile Court Act of
61987, whether or not such reinstatement is sought or allowed,
7provided that the minor consents to such services and has not
8yet attained the age of 21. The Department shall have
9responsibility for the development and delivery of services
10under this Section. An eligible youth may access services under
11this Section through the Department of Children and Family
12Services or by referral from the Department of Human Services.
13Youth participating in services under this Section shall
14cooperate with the assigned case manager in developing an
15agreement identifying the services to be provided and how the
16youth will increase skills to achieve self-sufficiency. A
17homeless shelter is not considered appropriate housing for any
18youth receiving child welfare services under this Section. The
19Department shall continue child welfare services under this
20Section to any eligible minor until the minor becomes 21 years
21of age, no longer consents to participate, or achieves
22self-sufficiency as identified in the minor's service plan. The
23Department of Children and Family Services shall create clear,
24readable notice of the rights of former foster youth to child
25welfare services under this Section and how such services may
26be obtained. The Department of Children and Family Services and

SB2834- 128 -LRB100 16078 KTG 33917 b
1the Department of Human Services shall disseminate this
2information statewide. The Department shall adopt regulations
3describing services intended to assist minors in achieving
4sustainable self-sufficiency as independent adults.
5 (o) The Department shall establish an administrative
6review and appeal process for children and families who request
7or receive child welfare services from the Department. Youth in
8care who are placed by private child welfare agencies, and
9foster families with whom those youth are placed, shall be
10afforded the same procedural and appeal rights as children and
11families in the case of placement by the Department, including
12the right to an initial review of a private agency decision by
13that agency. The Department shall ensure that any private child
14welfare agency, which accepts youth in care for placement,
15affords those rights to children and foster families. The
16Department shall accept for administrative review and an appeal
17hearing a complaint made by (i) a child or foster family
18concerning a decision following an initial review by a private
19child welfare agency or (ii) a prospective adoptive parent who
20alleges a violation of subsection (j-5) of this Section. An
21appeal of a decision concerning a change in the placement of a
22child shall be conducted in an expedited manner. A court
23determination that a current foster home placement is necessary
24and appropriate under Section 2-28 of the Juvenile Court Act of
251987 does not constitute a judicial determination on the merits
26of an administrative appeal, filed by a former foster parent,

SB2834- 129 -LRB100 16078 KTG 33917 b
1involving a change of placement decision.
2 (p) (Blank).
3 (q) The Department may receive and use, in their entirety,
4for the benefit of children any gift, donation or bequest of
5money or other property which is received on behalf of such
6children, or any financial benefits to which such children are
7or may become entitled while under the jurisdiction or care of
8the Department.
9 The Department shall set up and administer no-cost,
10interest-bearing accounts in appropriate financial
11institutions for children for whom the Department is legally
12responsible and who have been determined eligible for Veterans'
13Benefits, Social Security benefits, assistance allotments from
14the armed forces, court ordered payments, parental voluntary
15payments, Supplemental Security Income, Railroad Retirement
16payments, Black Lung benefits, or other miscellaneous
17payments. Interest earned by each account shall be credited to
18the account, unless disbursed in accordance with this
19subsection.
20 In disbursing funds from children's accounts, the
21Department shall:
22 (1) Establish standards in accordance with State and
23 federal laws for disbursing money from children's
24 accounts. In all circumstances, the Department's
25 "Guardianship Administrator" or his or her designee must
26 approve disbursements from children's accounts. The

SB2834- 130 -LRB100 16078 KTG 33917 b
1 Department shall be responsible for keeping complete
2 records of all disbursements for each account for any
3 purpose.
4 (2) Calculate on a monthly basis the amounts paid from
5 State funds for the child's board and care, medical care
6 not covered under Medicaid, and social services; and
7 utilize funds from the child's account, as covered by
8 regulation, to reimburse those costs. Monthly,
9 disbursements from all children's accounts, up to 1/12 of
10 $13,000,000, shall be deposited by the Department into the
11 General Revenue Fund and the balance over 1/12 of
12 $13,000,000 into the DCFS Children's Services Fund.
13 (3) Maintain any balance remaining after reimbursing
14 for the child's costs of care, as specified in item (2).
15 The balance shall accumulate in accordance with relevant
16 State and federal laws and shall be disbursed to the child
17 or his or her guardian, or to the issuing agency.
18 (r) The Department shall promulgate regulations
19encouraging all adoption agencies to voluntarily forward to the
20Department or its agent names and addresses of all persons who
21have applied for and have been approved for adoption of a
22hard-to-place child or child with a disability and the names of
23such children who have not been placed for adoption. A list of
24such names and addresses shall be maintained by the Department
25or its agent, and coded lists which maintain the
26confidentiality of the person seeking to adopt the child and of

SB2834- 131 -LRB100 16078 KTG 33917 b
1the child shall be made available, without charge, to every
2adoption agency in the State to assist the agencies in placing
3such children for adoption. The Department may delegate to an
4agent its duty to maintain and make available such lists. The
5Department shall ensure that such agent maintains the
6confidentiality of the person seeking to adopt the child and of
7the child.
8 (s) The Department of Children and Family Services may
9establish and implement a program to reimburse Department and
10private child welfare agency foster parents licensed by the
11Department of Children and Family Services for damages
12sustained by the foster parents as a result of the malicious or
13negligent acts of foster children, as well as providing third
14party coverage for such foster parents with regard to actions
15of foster children to other individuals. Such coverage will be
16secondary to the foster parent liability insurance policy, if
17applicable. The program shall be funded through appropriations
18from the General Revenue Fund, specifically designated for such
19purposes.
20 (t) The Department shall perform home studies and
21investigations and shall exercise supervision over visitation
22as ordered by a court pursuant to the Illinois Marriage and
23Dissolution of Marriage Act or the Adoption Act only if:
24 (1) an order entered by an Illinois court specifically
25 directs the Department to perform such services; and
26 (2) the court has ordered one or both of the parties to

SB2834- 132 -LRB100 16078 KTG 33917 b
1 the proceeding to reimburse the Department for its
2 reasonable costs for providing such services in accordance
3 with Department rules, or has determined that neither party
4 is financially able to pay.
5 The Department shall provide written notification to the
6court of the specific arrangements for supervised visitation
7and projected monthly costs within 60 days of the court order.
8The Department shall send to the court information related to
9the costs incurred except in cases where the court has
10determined the parties are financially unable to pay. The court
11may order additional periodic reports as appropriate.
12 (u) In addition to other information that must be provided,
13whenever the Department places a child with a prospective
14adoptive parent or parents or in a licensed foster home, group
15home, child care institution, or in a relative home, the
16Department shall provide to the prospective adoptive parent or
17parents or other caretaker:
18 (1) available detailed information concerning the
19 child's educational and health history, copies of
20 immunization records (including insurance and medical card
21 information), a history of the child's previous
22 placements, if any, and reasons for placement changes
23 excluding any information that identifies or reveals the
24 location of any previous caretaker;
25 (2) a copy of the child's portion of the client service
26 plan, including any visitation arrangement, and all

SB2834- 133 -LRB100 16078 KTG 33917 b
1 amendments or revisions to it as related to the child; and
2 (3) information containing details of the child's
3 individualized educational plan when the child is
4 receiving special education services.
5 The caretaker shall be informed of any known social or
6behavioral information (including, but not limited to,
7criminal background, fire setting, perpetuation of sexual
8abuse, destructive behavior, and substance abuse) necessary to
9care for and safeguard the children to be placed or currently
10in the home. The Department may prepare a written summary of
11the information required by this paragraph, which may be
12provided to the foster or prospective adoptive parent in
13advance of a placement. The foster or prospective adoptive
14parent may review the supporting documents in the child's file
15in the presence of casework staff. In the case of an emergency
16placement, casework staff shall at least provide known
17information verbally, if necessary, and must subsequently
18provide the information in writing as required by this
19subsection.
20 The information described in this subsection shall be
21provided in writing. In the case of emergency placements when
22time does not allow prior review, preparation, and collection
23of written information, the Department shall provide such
24information as it becomes available. Within 10 business days
25after placement, the Department shall obtain from the
26prospective adoptive parent or parents or other caretaker a

SB2834- 134 -LRB100 16078 KTG 33917 b
1signed verification of receipt of the information provided.
2Within 10 business days after placement, the Department shall
3provide to the child's guardian ad litem a copy of the
4information provided to the prospective adoptive parent or
5parents or other caretaker. The information provided to the
6prospective adoptive parent or parents or other caretaker shall
7be reviewed and approved regarding accuracy at the supervisory
8level.
9 (u-5) Effective July 1, 1995, only foster care placements
10licensed as foster family homes pursuant to the Child Care Act
11of 1969 shall be eligible to receive foster care payments from
12the Department. Relative caregivers who, as of July 1, 1995,
13were approved pursuant to approved relative placement rules
14previously promulgated by the Department at 89 Ill. Adm. Code
15335 and had submitted an application for licensure as a foster
16family home may continue to receive foster care payments only
17until the Department determines that they may be licensed as a
18foster family home or that their application for licensure is
19denied or until September 30, 1995, whichever occurs first.
20 (v) The Department shall access criminal history record
21information as defined in the Illinois Uniform Conviction
22Information Act and information maintained in the adjudicatory
23and dispositional record system as defined in Section 2605-355
24of the Department of State Police Law (20 ILCS 2605/2605-355)
25if the Department determines the information is necessary to
26perform its duties under the Abused and Neglected Child

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1Reporting Act, the Child Care Act of 1969, and the Children and
2Family Services Act. The Department shall provide for
3interactive computerized communication and processing
4equipment that permits direct on-line communication with the
5Department of State Police's central criminal history data
6repository. The Department shall comply with all certification
7requirements and provide certified operators who have been
8trained by personnel from the Department of State Police. In
9addition, one Office of the Inspector General investigator
10shall have training in the use of the criminal history
11information access system and have access to the terminal. The
12Department of Children and Family Services and its employees
13shall abide by rules and regulations established by the
14Department of State Police relating to the access and
15dissemination of this information.
16 (v-1) Prior to final approval for placement of a child, the
17Department shall conduct a criminal records background check of
18the prospective foster or adoptive parent, including
19fingerprint-based checks of national crime information
20databases. Final approval for placement shall not be granted if
21the record check reveals a felony conviction for child abuse or
22neglect, for spousal abuse, for a crime against children, or
23for a crime involving violence, including rape, sexual assault,
24or homicide, but not including other physical assault or
25battery, or if there is a felony conviction for physical
26assault, battery, or a drug-related offense committed within

SB2834- 136 -LRB100 16078 KTG 33917 b
1the past 5 years.
2 (v-2) Prior to final approval for placement of a child, the
3Department shall check its child abuse and neglect registry for
4information concerning prospective foster and adoptive
5parents, and any adult living in the home. If any prospective
6foster or adoptive parent or other adult living in the home has
7resided in another state in the preceding 5 years, the
8Department shall request a check of that other state's child
9abuse and neglect registry.
10 (w) Within 120 days of August 20, 1995 (the effective date
11of Public Act 89-392), the Department shall prepare and submit
12to the Governor and the General Assembly, a written plan for
13the development of in-state licensed secure child care
14facilities that care for children who are in need of secure
15living arrangements for their health, safety, and well-being.
16For purposes of this subsection, secure care facility shall
17mean a facility that is designed and operated to ensure that
18all entrances and exits from the facility, a building or a
19distinct part of the building, are under the exclusive control
20of the staff of the facility, whether or not the child has the
21freedom of movement within the perimeter of the facility,
22building, or distinct part of the building. The plan shall
23include descriptions of the types of facilities that are needed
24in Illinois; the cost of developing these secure care
25facilities; the estimated number of placements; the potential
26cost savings resulting from the movement of children currently

SB2834- 137 -LRB100 16078 KTG 33917 b
1out-of-state who are projected to be returned to Illinois; the
2necessary geographic distribution of these facilities in
3Illinois; and a proposed timetable for development of such
4facilities.
5 (x) The Department shall conduct annual credit history
6checks to determine the financial history of children placed
7under its guardianship pursuant to the Juvenile Court Act of
81987. The Department shall conduct such credit checks starting
9when a youth in care turns 12 years old and each year
10thereafter for the duration of the guardianship as terminated
11pursuant to the Juvenile Court Act of 1987. The Department
12shall determine if financial exploitation of the child's
13personal information has occurred. If financial exploitation
14appears to have taken place or is presently ongoing, the
15Department shall notify the proper law enforcement agency, the
16proper State's Attorney, or the Attorney General.
17 (y) Beginning on July 22, 2010 (the effective date of
18Public Act 96-1189) this amendatory Act of the 96th General
19Assembly, a child with a disability who receives residential
20and educational services from the Department shall be eligible
21to receive transition services in accordance with Article 14 of
22the School Code from the age of 14.5 through age 21, inclusive,
23notwithstanding the child's residential services arrangement.
24For purposes of this subsection, "child with a disability"
25means a child with a disability as defined by the federal
26Individuals with Disabilities Education Improvement Act of

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12004.
2 (z) The Department shall access criminal history record
3information as defined as "background information" in this
4subsection and criminal history record information as defined
5in the Illinois Uniform Conviction Information Act for each
6Department employee or Department applicant. Each Department
7employee or Department applicant shall submit his or her
8fingerprints to the Department of State Police in the form and
9manner prescribed by the Department of State Police. These
10fingerprints shall be checked against the fingerprint records
11now and hereafter filed in the Department of State Police and
12the Federal Bureau of Investigation criminal history records
13databases. The Department of State Police shall charge a fee
14for conducting the criminal history record check, which shall
15be deposited into the State Police Services Fund and shall not
16exceed the actual cost of the record check. The Department of
17State Police shall furnish, pursuant to positive
18identification, all Illinois conviction information to the
19Department of Children and Family Services.
20 For purposes of this subsection:
21 "Background information" means all of the following:
22 (i) Upon the request of the Department of Children and
23 Family Services, conviction information obtained from the
24 Department of State Police as a result of a
25 fingerprint-based criminal history records check of the
26 Illinois criminal history records database and the Federal

SB2834- 139 -LRB100 16078 KTG 33917 b
1 Bureau of Investigation criminal history records database
2 concerning a Department employee or Department applicant.
3 (ii) Information obtained by the Department of
4 Children and Family Services after performing a check of
5 the Department of State Police's Sex Offender Database, as
6 authorized by Section 120 of the Sex Offender Community
7 Notification Law, concerning a Department employee or
8 Department applicant.
9 (iii) Information obtained by the Department of
10 Children and Family Services after performing a check of
11 the Child Abuse and Neglect Tracking System (CANTS)
12 operated and maintained by the Department.
13 "Department employee" means a full-time or temporary
14employee coded or certified within the State of Illinois
15Personnel System.
16 "Department applicant" means an individual who has
17conditional Department full-time or part-time work, a
18contractor, an individual used to replace or supplement staff,
19an academic intern, a volunteer in Department offices or on
20Department contracts, a work-study student, an individual or
21entity licensed by the Department, or an unlicensed service
22provider who works as a condition of a contract or an agreement
23and whose work may bring the unlicensed service provider into
24contact with Department clients or client records.
25(Source: P.A. 99-143, eff. 7-27-15; 99-933, eff. 1-27-17;
26100-159, eff. 8-18-17; 100-522, eff. 9-22-17; revised

SB2834- 140 -LRB100 16078 KTG 33917 b
11-22-18.)
2 Section 13. The Department of Human Services Act is amended
3by changing Sections 1-40, 10-15, and 10-66 as follows:
4 (20 ILCS 1305/1-40)
5 Sec. 1-40. Substance Use Disorders Alcoholism and
6Substance Abuse; Mental Health; provider payments. For
7authorized Medicaid services to enrolled individuals, Division
8of Substance Use Prevention and Recovery Alcoholism and
9Substance Abuse and Division of Mental Health providers shall
10receive payment for such authorized services, with payment
11occurring no later than in the next fiscal year.
12(Source: P.A. 96-1472, eff. 8-23-10.)
13 (20 ILCS 1305/10-15)
14 Sec. 10-15. Pregnant women with a substance use disorder.
15Addicted pregnant women. The Department shall develop
16guidelines for use in non-hospital residential care facilities
17for pregnant women who have a substance use disorder addicted
18pregnant women with respect to the care of those clients.
19 The Department shall administer infant mortality and
20prenatal programs, through its provider agencies, to develop
21special programs for case finding and service coordination for
22pregnant women who have a substance use disorder addicted
23pregnant women.

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1(Source: P.A. 89-507, eff. 7-1-97.)
2 (20 ILCS 1305/10-66)
3 Sec. 10-66. Rate reductions. Rates for medical services
4purchased by the Divisions of Substance Use Prevention and
5Recovery, Alcoholism and Substance Abuse, Community Health and
6Prevention, Developmental Disabilities, Mental Health, or
7Rehabilitation Services within the Department of Human
8Services shall not be reduced below the rates calculated on
9April 1, 2011 unless the Department of Human Services
10promulgates rules and rules are implemented authorizing rate
11reductions.
12(Source: P.A. 99-78, eff. 7-20-15.)
13 Section 14. The Regional Integrated Behavioral Health
14Networks Act is amended by changing Sections 10, 15, 20, and 25
15as follows:
16 (20 ILCS 1340/10)
17 Sec. 10. Purpose. The purpose of this Act is to require the
18Department of Human Services to facilitate the creation of
19Regional Integrated Behavioral Health Networks (hereinafter
20"Networks") for the purpose of ensuring and improving access to
21appropriate mental health and substance abuse (hereinafter
22"behavioral health") services throughout Illinois by providing
23a platform for the organization of all relevant health, mental

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1health, substance use disorder substance abuse, and other
2community entities, and by providing a mechanism to use and
3channel financial and other resources efficiently and
4effectively. Networks may be located in each of the Department
5of Human Services geographic regions.
6(Source: P.A. 97-381, eff. 1-1-12.)
7 (20 ILCS 1340/15)
8 Sec. 15. Goals. Goals shall include, but not be limited to,
9the following: enabling persons with mental and substance use
10illnesses to access clinically appropriate, evidence-based
11services, regardless of where they reside in the State and
12particularly in rural areas; improving access to mental health
13and substance use disorder substance abuse services throughout
14Illinois, but especially in rural Illinois communities, by
15fostering innovative financing and collaboration among a
16variety of health, behavioral health, social service, and other
17community entities and by supporting the development of
18regional-specific planning and strategies; facilitating the
19integration of behavioral health services with primary and
20other medical services, advancing opportunities under federal
21health reform initiatives; ensuring actual or
22technologically-assisted access to the entire continuum of
23integrated care, including the provision of services in the
24areas of prevention, consumer or patient assessment and
25diagnosis, psychiatric care, case coordination, crisis and

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1emergency care, acute inpatient and outpatient treatment in
2private hospitals and from other community providers, support
3services, and community residential settings; identifying
4funding for persons who do not have insurance and do not
5qualify for State and federal healthcare payment programs such
6as Medicaid or Medicare; and improving access to transportation
7in rural areas.
8(Source: P.A. 97-381, eff. 1-1-12.)
9 (20 ILCS 1340/20)
10 Sec. 20. Steering Committee and Networks.
11 (a) To achieve these goals, the Department of Human
12Services shall convene a Regional Integrated Behavioral Health
13Networks Steering Committee (hereinafter "Steering Committee")
14comprised of State agencies involved in the provision,
15regulation, or financing of health, mental health, substance
16use disorder substance abuse, rehabilitation, and other
17services. These include, but shall not be limited to, the
18following agencies:
19 (1) The Department of Healthcare and Family Services.
20 (2) The Department of Human Services and its Divisions
21 of Mental Illness and Substance Use Prevention and
22 Recovery. Alcoholism and Substance Abuse Services.
23 (3) The Department of Public Health, including its
24 Center for Rural Health.
25 The Steering Committee shall include a representative from

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1each Network. The agencies of the Steering Committee are
2directed to work collaboratively to provide consultation,
3advice, and leadership to the Networks in facilitating
4communication within and across multiple agencies and in
5removing regulatory barriers that may prevent Networks from
6accomplishing the goals. The Steering Committee collectively
7or through one of its member Agencies shall also provide
8technical assistance to the Networks.
9 (b) There also shall be convened Networks in each of the
10Department of Human Services' regions comprised of
11representatives of community stakeholders represented in the
12Network, including when available, but not limited to, relevant
13trade and professional associations representing hospitals,
14community providers, public health care, hospice care, long
15term care, law enforcement, emergency medical service,
16physicians, advanced practice registered nurses, and physician
17assistants trained in psychiatry; an organization that
18advocates on behalf of federally qualified health centers, an
19organization that advocates on behalf of persons suffering with
20mental illness and substance use substance abuse disorders, an
21organization that advocates on behalf of persons with
22disabilities, an organization that advocates on behalf of
23persons who live in rural areas, an organization that advocates
24on behalf of persons who live in medically underserved areas;
25and others designated by the Steering Committee or the
26Networks. A member from each Network may choose a

SB2834- 145 -LRB100 16078 KTG 33917 b
1representative who may serve on the Steering Committee.
2(Source: P.A. 99-581, eff. 1-1-17; 100-513, eff. 1-1-18.)
3 (20 ILCS 1340/25)
4 Sec. 25. Development of Network Plans. Each Network shall
5develop a plan for its respective region that addresses the
6following:
7 (a) Inventory of all mental health and substance use
8disorder substance abuse treatment services, primary health
9care facilities and services, private hospitals,
10State-operated psychiatric hospitals, long term care
11facilities, social services, transportation services, and any
12services available to serve persons with mental and substance
13use illnesses.
14 (b) Identification of unmet community needs, including,
15but not limited to, the following:
16 (1) Waiting lists in community mental health and
17 substance use disorder substance abuse services.
18 (2) Hospital emergency department use by persons with
19 mental and substance use illnesses, including volume,
20 length of stay, and challenges associated with obtaining
21 psychiatric assessment.
22 (3) Difficulty obtaining admission to inpatient
23 facilities, and reasons therefore.
24 (4) Availability of primary care providers in the
25 community, including Federally Qualified Health Centers

SB2834- 146 -LRB100 16078 KTG 33917 b
1 and Rural Health Centers.
2 (5) Availability of psychiatrists and mental health
3 professionals.
4 (6) Transportation issues.
5 (7) Other.
6 (c) Identification of opportunities to improve access to
7mental and substance use disorder substance abuse services
8through the integration of specialty behavioral health
9services with primary care, including, but not limited to, the
10following:
11 (1) Availability of Federally Qualified Health Centers
12 in community with mental health staff.
13 (2) Development of accountable care organizations or
14 other primary care entities.
15 (3) Availability of acute care hospitals with
16 specialized psychiatric capacity.
17 (4) Community providers with an interest in
18 collaborating with acute care providers.
19 (d) Development of a plan to address community needs,
20including a specific timeline for implementation of specific
21objectives and establishment of evaluation measures. The
22comprehensive plan should include the complete continuum of
23behavioral health services, including, but not limited to, the
24following:
25 (1) Prevention.
26 (2) Client assessment and diagnosis.

SB2834- 147 -LRB100 16078 KTG 33917 b
1 (3) An array of outpatient behavioral health services.
2 (4) Case coordination.
3 (5) Crisis and emergency services.
4 (6) Treatment, including inpatient psychiatric
5 services in public and private hospitals.
6 (7) Long term care facilities.
7 (8) Community residential alternatives to
8 institutional settings.
9 (9) Primary care services.
10(Source: P.A. 97-381, eff. 1-1-12.)
11 Section 15. The Mental Health and Developmental
12Disabilities Administrative Act is amended by changing
13Sections 10 and 18.6 as follows:
14 (20 ILCS 1705/10) (from Ch. 91 1/2, par. 100-10)
15 Sec. 10. To examine persons admitted to facilities of the
16Department for treatment of mental illness or developmental
17disability to determine if the person has a substance use
18disorder as defined in the Substance Use Disorder Act
19alcoholism, drug addiction or other substance abuse. Based on
20such examination, the Department shall provide necessary
21medical, education and rehabilitation services, and shall
22arrange for further assessment and referral of such persons to
23appropriate treatment services for persons with substance use
24disorders alcoholism or substance abuse services. Referral of

SB2834- 148 -LRB100 16078 KTG 33917 b
1such persons by the Department to appropriate treatment
2services for persons with substance use disorders alcoholism or
3substance abuse services shall be made to providers who are
4able to accept the persons and perform a further assessment
5within a clinically appropriate time. This Section does not
6require that the Department maintain an individual in a
7Department facility who is otherwise eligible for discharge as
8provided in the Mental Health and Developmental Disabilities
9Code.
10 The Department shall not deny treatment and care to any
11person subject to admission to a facility under its control for
12treatment for a mental illness or developmental disability
13solely on the basis of their substance use disorders.
14alcoholism, drug addiction or abuse of other substances.
15(Source: P.A. 95-281, eff. 1-1-08.)
16 (20 ILCS 1705/18.6)
17 (Section scheduled to be repealed on December 31, 2019)
18 Sec. 18.6. Mental Health Services Strategic Planning Task
19Force.
20 (a) Task Force. The Mental Health Services Strategic
21Planning Task Force is created.
22 (b) Meeting. The Task Force shall be appointed and hold its
23first meeting within 90 days after the effective date of this
24amendatory Act of the 97th General Assembly.
25 (c) Composition. The Task Force shall be comprised of the

SB2834- 149 -LRB100 16078 KTG 33917 b
1following members:
2 (1) Two members of the Senate appointed by the
3 President of the Senate and 2 members of the Senate
4 appointed by the Minority Leader of the Senate.
5 (2) Two members of the House of Representatives
6 appointed by the Speaker of the House of Representatives
7 and 2 members of the House of Representatives appointed by
8 the Minority Leader of the House of Representatives.
9 (3) One representative of the Division of Mental Health
10 within the Department of Human Services.
11 (4) One representative of the Department of Healthcare
12 and Family Services.
13 (5) One representative of the Bureau of Long Term Care
14 within the Department of Public Health.
15 (6) One representative of the Illinois Children's
16 Mental Health Partnership.
17 (7) Six representatives of the mental health providers
18 and community stakeholders selected from names submitted
19 by associates representing the various types of providers.
20 (8) Three representatives of the consumer community
21 including a primary consumer, secondary consumer, and a
22 representative of a mental health consumer advocacy
23 organization.
24 (9) An individual from a union representing State
25 employees providing services to persons with mental
26 illness.

SB2834- 150 -LRB100 16078 KTG 33917 b
1 (10) One academic specialist in mental health
2 outcomes, research, and evidence-based practices.
3 (d) Duty. The Task Force shall meet with the Office of the
4Governor and the appropriate legislative committees on mental
5health to develop a 5-year comprehensive strategic plan for the
6State's mental health services. The plan shall address the
7following topics:
8 (1) Provide sufficient home and community-based
9 services to give consumers real options in care settings.
10 (2) Improve access to care.
11 (3) Reduce regulatory redundancy.
12 (4) Maintain financial viability for providers in a
13 cost-effective manner to the State.
14 (5) Ensure care is effective, efficient, and
15 appropriate regardless of the setting in which it is
16 provided.
17 (6) Ensure quality of care in all care settings via the
18 use of appropriate clinical outcomes.
19 (7) Ensure hospitalizations and institutional care,
20 when necessary, is available to meet demand now and in the
21 future.
22 (e) The Task Force shall work in conjunction with the
23Department of Human Services' Division of Developmental
24Disabilities to ensure effective treatment for those dually
25diagnosed with both mental illness and developmental
26disabilities. The Task Force shall also work in conjunction

SB2834- 151 -LRB100 16078 KTG 33917 b
1with the Department of Human Services' Division of Substance
2Use Prevention and Recovery Alcoholism and Substance Abuse to
3ensure effective treatment for those who are dually diagnosed
4with both mental illness as well as substance abuse challenges.
5 (f) Compensation. Members of the Task Force shall not
6receive compensation nor reimbursement for necessary expenses
7incurred in performing the duties associated with the Task
8Force.
9 (g) Reporting. The Task Force shall present its plan to the
10Governor and the General Assembly no later than 18 months after
11the effective date of the amendatory Act of the 97th General
12Assembly. With its approval and authorization, and subject to
13appropriation, the Task Force shall convene quarterly meetings
14during the implementation of the 5-year strategic plan to
15monitor progress, review outcomes, and make ongoing
16recommendations. These ongoing recommendations shall be
17presented to the Governor and the General Assembly for
18feedback, suggestions, support, and approval. Within one year
19after recommendations are presented to the Governor and the
20General Assembly, the General Assembly shall vote on whether
21the recommendations should become law.
22 (h) Administrative support. The Department of Human
23Services shall provide administrative and staff support to the
24Task Force.
25 (i) This Section is repealed on December 31, 2019.
26(Source: P.A. 99-78, eff. 7-20-15.)

SB2834- 152 -LRB100 16078 KTG 33917 b
1 Section 16. The Civil Administrative Code of Illinois is
2amended by changing Sections 2605-54 and 2605-97 as follows:
3 (20 ILCS 2605/2605-54)
4 (This Section may contain text from a Public Act with a
5delayed effective date)
6 Sec. 2605-54. Training policy; persons arrested while
7under the influence of alcohol or drugs. The Department shall
8adopt a policy and provide training to State Police officers
9concerning response and care for persons under the influence of
10alcohol or drugs. The policy shall be consistent with the
11Substance Use Disorder Act Alcoholism and Other Drug Abuse and
12Dependency Act and shall provide guidance for the arrest of
13persons under the influence of alcohol or drugs, proper medical
14attention if warranted, and care and release of those persons
15from custody. The policy shall provide guidance concerning the
16release of persons arrested under the influence of alcohol or
17drugs who are under the age of 21 years of age which shall
18include, but not be limited to, language requiring the
19arresting officer to make a reasonable attempt to contact a
20responsible adult who is willing to take custody of the person
21who is under the influence of alcohol or drugs.
22(Source: P.A. 100-537, eff. 6-1-18.)
23 (20 ILCS 2605/2605-97)

SB2834- 153 -LRB100 16078 KTG 33917 b
1 Sec. 2605-97. Training; opioid antagonists. The Department
2shall conduct or approve a training program for State police
3officers in the administration of opioid antagonists as defined
4in paragraph (1) of subsection (e) of Section 5-23 of the
5Substance Use Disorder Act Alcoholism and Other Drug Abuse and
6Dependency Act that is in accordance with that Section. As used
7in this Section 2605-97, the term "State police officers"
8includes full-time or part-time State troopers, police
9officers, investigators, or any other employee of the
10Department exercising the powers of a peace officer.
11(Source: P.A. 99-480, eff. 9-9-15.)
12 Section 20. The Criminal Identification Act is amended by
13changing Sections 2.1 and 5.2 as follows:
14 (20 ILCS 2630/2.1) (from Ch. 38, par. 206-2.1)
15 Sec. 2.1. For the purpose of maintaining complete and
16accurate criminal records of the Department of State Police, it
17is necessary for all policing bodies of this State, the clerk
18of the circuit court, the Illinois Department of Corrections,
19the sheriff of each county, and State's Attorney of each county
20to submit certain criminal arrest, charge, and disposition
21information to the Department for filing at the earliest time
22possible. Unless otherwise noted herein, it shall be the duty
23of all policing bodies of this State, the clerk of the circuit
24court, the Illinois Department of Corrections, the sheriff of

SB2834- 154 -LRB100 16078 KTG 33917 b
1each county, and the State's Attorney of each county to report
2such information as provided in this Section, both in the form
3and manner required by the Department and within 30 days of the
4criminal history event. Specifically:
5 (a) Arrest Information. All agencies making arrests
6 for offenses which are required by statute to be collected,
7 maintained or disseminated by the Department of State
8 Police shall be responsible for furnishing daily to the
9 Department fingerprints, charges and descriptions of all
10 persons who are arrested for such offenses. All such
11 agencies shall also notify the Department of all decisions
12 by the arresting agency not to refer such arrests for
13 prosecution. With approval of the Department, an agency
14 making such arrests may enter into arrangements with other
15 agencies for the purpose of furnishing daily such
16 fingerprints, charges and descriptions to the Department
17 upon its behalf.
18 (b) Charge Information. The State's Attorney of each
19 county shall notify the Department of all charges filed and
20 all petitions filed alleging that a minor is delinquent,
21 including all those added subsequent to the filing of a
22 case, and whether charges were not filed in cases for which
23 the Department has received information required to be
24 reported pursuant to paragraph (a) of this Section. With
25 approval of the Department, the State's Attorney may enter
26 into arrangements with other agencies for the purpose of

SB2834- 155 -LRB100 16078 KTG 33917 b
1 furnishing the information required by this subsection (b)
2 to the Department upon the State's Attorney's behalf.
3 (c) Disposition Information. The clerk of the circuit
4 court of each county shall furnish the Department, in the
5 form and manner required by the Supreme Court, with all
6 final dispositions of cases for which the Department has
7 received information required to be reported pursuant to
8 paragraph (a) or (d) of this Section. Such information
9 shall include, for each charge, all (1) judgments of not
10 guilty, judgments of guilty including the sentence
11 pronounced by the court with statutory citations to the
12 relevant sentencing provision, findings that a minor is
13 delinquent and any sentence made based on those findings,
14 discharges and dismissals in the court; (2) reviewing court
15 orders filed with the clerk of the circuit court which
16 reverse or remand a reported conviction or findings that a
17 minor is delinquent or that vacate or modify a sentence or
18 sentence made following a trial that a minor is delinquent;
19 (3) continuances to a date certain in furtherance of an
20 order of supervision granted under Section 5-6-1 of the
21 Unified Code of Corrections or an order of probation
22 granted under Section 10 of the Cannabis Control Act,
23 Section 410 of the Illinois Controlled Substances Act,
24 Section 70 of the Methamphetamine Control and Community
25 Protection Act, Section 12-4.3 or subdivision (b)(1) of
26 Section 12-3.05 of the Criminal Code of 1961 or the

SB2834- 156 -LRB100 16078 KTG 33917 b
1 Criminal Code of 2012, Section 10-102 of the Illinois
2 Alcoholism and Other Drug Dependency Act, Section 40-10 of
3 the Substance Use Disorder Act, Alcoholism and Other Drug
4 Abuse and Dependency Act, Section 10 of the Steroid Control
5 Act, or Section 5-615 of the Juvenile Court Act of 1987;
6 and (4) judgments or court orders terminating or revoking a
7 sentence to or juvenile disposition of probation,
8 supervision or conditional discharge and any resentencing
9 or new court orders entered by a juvenile court relating to
10 the disposition of a minor's case involving delinquency
11 after such revocation.
12 (d) Fingerprints After Sentencing.
13 (1) After the court pronounces sentence, sentences
14 a minor following a trial in which a minor was found to
15 be delinquent or issues an order of supervision or an
16 order of probation granted under Section 10 of the
17 Cannabis Control Act, Section 410 of the Illinois
18 Controlled Substances Act, Section 70 of the
19 Methamphetamine Control and Community Protection Act,
20 Section 12-4.3 or subdivision (b)(1) of Section
21 12-3.05 of the Criminal Code of 1961 or the Criminal
22 Code of 2012, Section 10-102 of the Illinois Alcoholism
23 and Other Drug Dependency Act, Section 40-10 of the
24 Substance Use Disorder Act, Alcoholism and Other Drug
25 Abuse and Dependency Act, Section 10 of the Steroid
26 Control Act, or Section 5-615 of the Juvenile Court Act

SB2834- 157 -LRB100 16078 KTG 33917 b
1 of 1987 for any offense which is required by statute to
2 be collected, maintained, or disseminated by the
3 Department of State Police, the State's Attorney of
4 each county shall ask the court to order a law
5 enforcement agency to fingerprint immediately all
6 persons appearing before the court who have not
7 previously been fingerprinted for the same case. The
8 court shall so order the requested fingerprinting, if
9 it determines that any such person has not previously
10 been fingerprinted for the same case. The law
11 enforcement agency shall submit such fingerprints to
12 the Department daily.
13 (2) After the court pronounces sentence or makes a
14 disposition of a case following a finding of
15 delinquency for any offense which is not required by
16 statute to be collected, maintained, or disseminated
17 by the Department of State Police, the prosecuting
18 attorney may ask the court to order a law enforcement
19 agency to fingerprint immediately all persons
20 appearing before the court who have not previously been
21 fingerprinted for the same case. The court may so order
22 the requested fingerprinting, if it determines that
23 any so sentenced person has not previously been
24 fingerprinted for the same case. The law enforcement
25 agency may retain such fingerprints in its files.
26 (e) Corrections Information. The Illinois Department

SB2834- 158 -LRB100 16078 KTG 33917 b
1 of Corrections and the sheriff of each county shall furnish
2 the Department with all information concerning the
3 receipt, escape, execution, death, release, pardon,
4 parole, commutation of sentence, granting of executive
5 clemency or discharge of an individual who has been
6 sentenced or committed to the agency's custody for any
7 offenses which are mandated by statute to be collected,
8 maintained or disseminated by the Department of State
9 Police. For an individual who has been charged with any
10 such offense and who escapes from custody or dies while in
11 custody, all information concerning the receipt and escape
12 or death, whichever is appropriate, shall also be so
13 furnished to the Department.
14(Source: P.A. 100-3, eff. 1-1-18.)
15 (20 ILCS 2630/5.2)
16 Sec. 5.2. Expungement, sealing, and immediate sealing.
17 (a) General Provisions.
18 (1) Definitions. In this Act, words and phrases have
19 the meanings set forth in this subsection, except when a
20 particular context clearly requires a different meaning.
21 (A) The following terms shall have the meanings
22 ascribed to them in the Unified Code of Corrections,
23 730 ILCS 5/5-1-2 through 5/5-1-22:
24 (i) Business Offense (730 ILCS 5/5-1-2),
25 (ii) Charge (730 ILCS 5/5-1-3),

SB2834- 159 -LRB100 16078 KTG 33917 b
1 (iii) Court (730 ILCS 5/5-1-6),
2 (iv) Defendant (730 ILCS 5/5-1-7),
3 (v) Felony (730 ILCS 5/5-1-9),
4 (vi) Imprisonment (730 ILCS 5/5-1-10),
5 (vii) Judgment (730 ILCS 5/5-1-12),
6 (viii) Misdemeanor (730 ILCS 5/5-1-14),
7 (ix) Offense (730 ILCS 5/5-1-15),
8 (x) Parole (730 ILCS 5/5-1-16),
9 (xi) Petty Offense (730 ILCS 5/5-1-17),
10 (xii) Probation (730 ILCS 5/5-1-18),
11 (xiii) Sentence (730 ILCS 5/5-1-19),
12 (xiv) Supervision (730 ILCS 5/5-1-21), and
13 (xv) Victim (730 ILCS 5/5-1-22).
14 (B) As used in this Section, "charge not initiated
15 by arrest" means a charge (as defined by 730 ILCS
16 5/5-1-3) brought against a defendant where the
17 defendant is not arrested prior to or as a direct
18 result of the charge.
19 (C) "Conviction" means a judgment of conviction or
20 sentence entered upon a plea of guilty or upon a
21 verdict or finding of guilty of an offense, rendered by
22 a legally constituted jury or by a court of competent
23 jurisdiction authorized to try the case without a jury.
24 An order of supervision successfully completed by the
25 petitioner is not a conviction. An order of qualified
26 probation (as defined in subsection (a)(1)(J))

SB2834- 160 -LRB100 16078 KTG 33917 b
1 successfully completed by the petitioner is not a
2 conviction. An order of supervision or an order of
3 qualified probation that is terminated
4 unsatisfactorily is a conviction, unless the
5 unsatisfactory termination is reversed, vacated, or
6 modified and the judgment of conviction, if any, is
7 reversed or vacated.
8 (D) "Criminal offense" means a petty offense,
9 business offense, misdemeanor, felony, or municipal
10 ordinance violation (as defined in subsection
11 (a)(1)(H)). As used in this Section, a minor traffic
12 offense (as defined in subsection (a)(1)(G)) shall not
13 be considered a criminal offense.
14 (E) "Expunge" means to physically destroy the
15 records or return them to the petitioner and to
16 obliterate the petitioner's name from any official
17 index or public record, or both. Nothing in this Act
18 shall require the physical destruction of the circuit
19 court file, but such records relating to arrests or
20 charges, or both, ordered expunged shall be impounded
21 as required by subsections (d)(9)(A)(ii) and
22 (d)(9)(B)(ii).
23 (F) As used in this Section, "last sentence" means
24 the sentence, order of supervision, or order of
25 qualified probation (as defined by subsection
26 (a)(1)(J)), for a criminal offense (as defined by

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1 subsection (a)(1)(D)) that terminates last in time in
2 any jurisdiction, regardless of whether the petitioner
3 has included the criminal offense for which the
4 sentence or order of supervision or qualified
5 probation was imposed in his or her petition. If
6 multiple sentences, orders of supervision, or orders
7 of qualified probation terminate on the same day and
8 are last in time, they shall be collectively considered
9 the "last sentence" regardless of whether they were
10 ordered to run concurrently.
11 (G) "Minor traffic offense" means a petty offense,
12 business offense, or Class C misdemeanor under the
13 Illinois Vehicle Code or a similar provision of a
14 municipal or local ordinance.
15 (H) "Municipal ordinance violation" means an
16 offense defined by a municipal or local ordinance that
17 is criminal in nature and with which the petitioner was
18 charged or for which the petitioner was arrested and
19 released without charging.
20 (I) "Petitioner" means an adult or a minor
21 prosecuted as an adult who has applied for relief under
22 this Section.
23 (J) "Qualified probation" means an order of
24 probation under Section 10 of the Cannabis Control Act,
25 Section 410 of the Illinois Controlled Substances Act,
26 Section 70 of the Methamphetamine Control and

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1 Community Protection Act, Section 5-6-3.3 or 5-6-3.4
2 of the Unified Code of Corrections, Section
3 12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as
4 those provisions existed before their deletion by
5 Public Act 89-313), Section 10-102 of the Illinois
6 Alcoholism and Other Drug Dependency Act, Section
7 40-10 of the Substance Use Disorder Act Alcoholism and
8 Other Drug Abuse and Dependency Act, or Section 10 of
9 the Steroid Control Act. For the purpose of this
10 Section, "successful completion" of an order of
11 qualified probation under Section 10-102 of the
12 Illinois Alcoholism and Other Drug Dependency Act and
13 Section 40-10 of the Substance Use Disorder Act
14 Alcoholism and Other Drug Abuse and Dependency Act
15 means that the probation was terminated satisfactorily
16 and the judgment of conviction was vacated.
17 (K) "Seal" means to physically and electronically
18 maintain the records, unless the records would
19 otherwise be destroyed due to age, but to make the
20 records unavailable without a court order, subject to
21 the exceptions in Sections 12 and 13 of this Act. The
22 petitioner's name shall also be obliterated from the
23 official index required to be kept by the circuit court
24 clerk under Section 16 of the Clerks of Courts Act, but
25 any index issued by the circuit court clerk before the
26 entry of the order to seal shall not be affected.

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1 (L) "Sexual offense committed against a minor"
2 includes but is not limited to the offenses of indecent
3 solicitation of a child or criminal sexual abuse when
4 the victim of such offense is under 18 years of age.
5 (M) "Terminate" as it relates to a sentence or
6 order of supervision or qualified probation includes
7 either satisfactory or unsatisfactory termination of
8 the sentence, unless otherwise specified in this
9 Section.
10 (2) Minor Traffic Offenses. Orders of supervision or
11 convictions for minor traffic offenses shall not affect a
12 petitioner's eligibility to expunge or seal records
13 pursuant to this Section.
14 (2.5) Commencing 180 days after July 29, 2016 (the
15 effective date of Public Act 99-697), the law enforcement
16 agency issuing the citation shall automatically expunge,
17 on or before January 1 and July 1 of each year, the law
18 enforcement records of a person found to have committed a
19 civil law violation of subsection (a) of Section 4 of the
20 Cannabis Control Act or subsection (c) of Section 3.5 of
21 the Drug Paraphernalia Control Act in the law enforcement
22 agency's possession or control and which contains the final
23 satisfactory disposition which pertain to the person
24 issued a citation for that offense. The law enforcement
25 agency shall provide by rule the process for access,
26 review, and to confirm the automatic expungement by the law

SB2834- 164 -LRB100 16078 KTG 33917 b
1 enforcement agency issuing the citation. Commencing 180
2 days after July 29, 2016 (the effective date of Public Act
3 99-697), the clerk of the circuit court shall expunge, upon
4 order of the court, or in the absence of a court order on
5 or before January 1 and July 1 of each year, the court
6 records of a person found in the circuit court to have
7 committed a civil law violation of subsection (a) of
8 Section 4 of the Cannabis Control Act or subsection (c) of
9 Section 3.5 of the Drug Paraphernalia Control Act in the
10 clerk's possession or control and which contains the final
11 satisfactory disposition which pertain to the person
12 issued a citation for any of those offenses.
13 (3) Exclusions. Except as otherwise provided in
14 subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6)
15 of this Section, the court shall not order:
16 (A) the sealing or expungement of the records of
17 arrests or charges not initiated by arrest that result
18 in an order of supervision for or conviction of: (i)
19 any sexual offense committed against a minor; (ii)
20 Section 11-501 of the Illinois Vehicle Code or a
21 similar provision of a local ordinance; or (iii)
22 Section 11-503 of the Illinois Vehicle Code or a
23 similar provision of a local ordinance, unless the
24 arrest or charge is for a misdemeanor violation of
25 subsection (a) of Section 11-503 or a similar provision
26 of a local ordinance, that occurred prior to the

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1 offender reaching the age of 25 years and the offender
2 has no other conviction for violating Section 11-501 or
3 11-503 of the Illinois Vehicle Code or a similar
4 provision of a local ordinance.
5 (B) the sealing or expungement of records of minor
6 traffic offenses (as defined in subsection (a)(1)(G)),
7 unless the petitioner was arrested and released
8 without charging.
9 (C) the sealing of the records of arrests or
10 charges not initiated by arrest which result in an
11 order of supervision or a conviction for the following
12 offenses:
13 (i) offenses included in Article 11 of the
14 Criminal Code of 1961 or the Criminal Code of 2012
15 or a similar provision of a local ordinance, except
16 Section 11-14 and a misdemeanor violation of
17 Section 11-30 of the Criminal Code of 1961 or the
18 Criminal Code of 2012, or a similar provision of a
19 local ordinance;
20 (ii) Section 11-1.50, 12-3.4, 12-15, 12-30,
21 26-5, or 48-1 of the Criminal Code of 1961 or the
22 Criminal Code of 2012, or a similar provision of a
23 local ordinance;
24 (iii) Sections 12-3.1 or 12-3.2 of the
25 Criminal Code of 1961 or the Criminal Code of 2012,
26 or Section 125 of the Stalking No Contact Order

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1 Act, or Section 219 of the Civil No Contact Order
2 Act, or a similar provision of a local ordinance;
3 (iv) Class A misdemeanors or felony offenses
4 under the Humane Care for Animals Act; or
5 (v) any offense or attempted offense that
6 would subject a person to registration under the
7 Sex Offender Registration Act.
8 (D) (blank).
9 (b) Expungement.
10 (1) A petitioner may petition the circuit court to
11 expunge the records of his or her arrests and charges not
12 initiated by arrest when each arrest or charge not
13 initiated by arrest sought to be expunged resulted in: (i)
14 acquittal, dismissal, or the petitioner's release without
15 charging, unless excluded by subsection (a)(3)(B); (ii) a
16 conviction which was vacated or reversed, unless excluded
17 by subsection (a)(3)(B); (iii) an order of supervision and
18 such supervision was successfully completed by the
19 petitioner, unless excluded by subsection (a)(3)(A) or
20 (a)(3)(B); or (iv) an order of qualified probation (as
21 defined in subsection (a)(1)(J)) and such probation was
22 successfully completed by the petitioner.
23 (1.5) When a petitioner seeks to have a record of
24 arrest expunged under this Section, and the offender has
25 been convicted of a criminal offense, the State's Attorney
26 may object to the expungement on the grounds that the

SB2834- 167 -LRB100 16078 KTG 33917 b
1 records contain specific relevant information aside from
2 the mere fact of the arrest.
3 (2) Time frame for filing a petition to expunge.
4 (A) When the arrest or charge not initiated by
5 arrest sought to be expunged resulted in an acquittal,
6 dismissal, the petitioner's release without charging,
7 or the reversal or vacation of a conviction, there is
8 no waiting period to petition for the expungement of
9 such records.
10 (B) When the arrest or charge not initiated by
11 arrest sought to be expunged resulted in an order of
12 supervision, successfully completed by the petitioner,
13 the following time frames will apply:
14 (i) Those arrests or charges that resulted in
15 orders of supervision under Section 3-707, 3-708,
16 3-710, or 5-401.3 of the Illinois Vehicle Code or a
17 similar provision of a local ordinance, or under
18 Section 11-1.50, 12-3.2, or 12-15 of the Criminal
19 Code of 1961 or the Criminal Code of 2012, or a
20 similar provision of a local ordinance, shall not
21 be eligible for expungement until 5 years have
22 passed following the satisfactory termination of
23 the supervision.
24 (i-5) Those arrests or charges that resulted
25 in orders of supervision for a misdemeanor
26 violation of subsection (a) of Section 11-503 of

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1 the Illinois Vehicle Code or a similar provision of
2 a local ordinance, that occurred prior to the
3 offender reaching the age of 25 years and the
4 offender has no other conviction for violating
5 Section 11-501 or 11-503 of the Illinois Vehicle
6 Code or a similar provision of a local ordinance
7 shall not be eligible for expungement until the
8 petitioner has reached the age of 25 years.
9 (ii) Those arrests or charges that resulted in
10 orders of supervision for any other offenses shall
11 not be eligible for expungement until 2 years have
12 passed following the satisfactory termination of
13 the supervision.
14 (C) When the arrest or charge not initiated by
15 arrest sought to be expunged resulted in an order of
16 qualified probation, successfully completed by the
17 petitioner, such records shall not be eligible for
18 expungement until 5 years have passed following the
19 satisfactory termination of the probation.
20 (3) Those records maintained by the Department for
21 persons arrested prior to their 17th birthday shall be
22 expunged as provided in Section 5-915 of the Juvenile Court
23 Act of 1987.
24 (4) Whenever a person has been arrested for or
25 convicted of any offense, in the name of a person whose
26 identity he or she has stolen or otherwise come into

SB2834- 169 -LRB100 16078 KTG 33917 b
1 possession of, the aggrieved person from whom the identity
2 was stolen or otherwise obtained without authorization,
3 upon learning of the person having been arrested using his
4 or her identity, may, upon verified petition to the chief
5 judge of the circuit wherein the arrest was made, have a
6 court order entered nunc pro tunc by the Chief Judge to
7 correct the arrest record, conviction record, if any, and
8 all official records of the arresting authority, the
9 Department, other criminal justice agencies, the
10 prosecutor, and the trial court concerning such arrest, if
11 any, by removing his or her name from all such records in
12 connection with the arrest and conviction, if any, and by
13 inserting in the records the name of the offender, if known
14 or ascertainable, in lieu of the aggrieved's name. The
15 records of the circuit court clerk shall be sealed until
16 further order of the court upon good cause shown and the
17 name of the aggrieved person obliterated on the official
18 index required to be kept by the circuit court clerk under
19 Section 16 of the Clerks of Courts Act, but the order shall
20 not affect any index issued by the circuit court clerk
21 before the entry of the order. Nothing in this Section
22 shall limit the Department of State Police or other
23 criminal justice agencies or prosecutors from listing
24 under an offender's name the false names he or she has
25 used.
26 (5) Whenever a person has been convicted of criminal

SB2834- 170 -LRB100 16078 KTG 33917 b
1 sexual assault, aggravated criminal sexual assault,
2 predatory criminal sexual assault of a child, criminal
3 sexual abuse, or aggravated criminal sexual abuse, the
4 victim of that offense may request that the State's
5 Attorney of the county in which the conviction occurred
6 file a verified petition with the presiding trial judge at
7 the petitioner's trial to have a court order entered to
8 seal the records of the circuit court clerk in connection
9 with the proceedings of the trial court concerning that
10 offense. However, the records of the arresting authority
11 and the Department of State Police concerning the offense
12 shall not be sealed. The court, upon good cause shown,
13 shall make the records of the circuit court clerk in
14 connection with the proceedings of the trial court
15 concerning the offense available for public inspection.
16 (6) If a conviction has been set aside on direct review
17 or on collateral attack and the court determines by clear
18 and convincing evidence that the petitioner was factually
19 innocent of the charge, the court that finds the petitioner
20 factually innocent of the charge shall enter an expungement
21 order for the conviction for which the petitioner has been
22 determined to be innocent as provided in subsection (b) of
23 Section 5-5-4 of the Unified Code of Corrections.
24 (7) Nothing in this Section shall prevent the
25 Department of State Police from maintaining all records of
26 any person who is admitted to probation upon terms and

SB2834- 171 -LRB100 16078 KTG 33917 b
1 conditions and who fulfills those terms and conditions
2 pursuant to Section 10 of the Cannabis Control Act, Section
3 410 of the Illinois Controlled Substances Act, Section 70
4 of the Methamphetamine Control and Community Protection
5 Act, Section 5-6-3.3 or 5-6-3.4 of the Unified Code of
6 Corrections, Section 12-4.3 or subdivision (b)(1) of
7 Section 12-3.05 of the Criminal Code of 1961 or the
8 Criminal Code of 2012, Section 10-102 of the Illinois
9 Alcoholism and Other Drug Dependency Act, Section 40-10 of
10 the Substance Use Disorder Act, Alcoholism and Other Drug
11 Abuse and Dependency Act, or Section 10 of the Steroid
12 Control Act.
13 (8) If the petitioner has been granted a certificate of
14 innocence under Section 2-702 of the Code of Civil
15 Procedure, the court that grants the certificate of
16 innocence shall also enter an order expunging the
17 conviction for which the petitioner has been determined to
18 be innocent as provided in subsection (h) of Section 2-702
19 of the Code of Civil Procedure.
20 (c) Sealing.
21 (1) Applicability. Notwithstanding any other provision
22 of this Act to the contrary, and cumulative with any rights
23 to expungement of criminal records, this subsection
24 authorizes the sealing of criminal records of adults and of
25 minors prosecuted as adults. Subsection (g) of this Section
26 provides for immediate sealing of certain records.

SB2834- 172 -LRB100 16078 KTG 33917 b
1 (2) Eligible Records. The following records may be
2 sealed:
3 (A) All arrests resulting in release without
4 charging;
5 (B) Arrests or charges not initiated by arrest
6 resulting in acquittal, dismissal, or conviction when
7 the conviction was reversed or vacated, except as
8 excluded by subsection (a)(3)(B);
9 (C) Arrests or charges not initiated by arrest
10 resulting in orders of supervision, including orders
11 of supervision for municipal ordinance violations,
12 successfully completed by the petitioner, unless
13 excluded by subsection (a)(3);
14 (D) Arrests or charges not initiated by arrest
15 resulting in convictions, including convictions on
16 municipal ordinance violations, unless excluded by
17 subsection (a)(3);
18 (E) Arrests or charges not initiated by arrest
19 resulting in orders of first offender probation under
20 Section 10 of the Cannabis Control Act, Section 410 of
21 the Illinois Controlled Substances Act, Section 70 of
22 the Methamphetamine Control and Community Protection
23 Act, or Section 5-6-3.3 of the Unified Code of
24 Corrections; and
25 (F) Arrests or charges not initiated by arrest
26 resulting in felony convictions unless otherwise

SB2834- 173 -LRB100 16078 KTG 33917 b
1 excluded by subsection (a) paragraph (3) of this
2 Section.
3 (3) When Records Are Eligible to Be Sealed. Records
4 identified as eligible under subsection (c)(2) may be
5 sealed as follows:
6 (A) Records identified as eligible under
7 subsection (c)(2)(A) and (c)(2)(B) may be sealed at any
8 time.
9 (B) Except as otherwise provided in subparagraph
10 (E) of this paragraph (3), records identified as
11 eligible under subsection (c)(2)(C) may be sealed 2
12 years after the termination of petitioner's last
13 sentence (as defined in subsection (a)(1)(F)).
14 (C) Except as otherwise provided in subparagraph
15 (E) of this paragraph (3), records identified as
16 eligible under subsections (c)(2)(D), (c)(2)(E), and
17 (c)(2)(F) may be sealed 3 years after the termination
18 of the petitioner's last sentence (as defined in
19 subsection (a)(1)(F)). Convictions requiring public
20 registration under the Arsonist Registration Act, the
21 Sex Offender Registration Act, or the Murderer and
22 Violent Offender Against Youth Registration Act may
23 not be sealed until the petitioner is no longer
24 required to register under that relevant Act.
25 (D) Records identified in subsection
26 (a)(3)(A)(iii) may be sealed after the petitioner has

SB2834- 174 -LRB100 16078 KTG 33917 b
1 reached the age of 25 years.
2 (E) Records identified as eligible under
3 subsections (c)(2)(C), (c)(2)(D), (c)(2)(E), or
4 (c)(2)(F) may be sealed upon termination of the
5 petitioner's last sentence if the petitioner earned a
6 high school diploma, associate's degree, career
7 certificate, vocational technical certification, or
8 bachelor's degree, or passed the high school level Test
9 of General Educational Development, during the period
10 of his or her sentence, aftercare release, or mandatory
11 supervised release. This subparagraph shall apply only
12 to a petitioner who has not completed the same
13 educational goal prior to the period of his or her
14 sentence, aftercare release, or mandatory supervised
15 release. If a petition for sealing eligible records
16 filed under this subparagraph is denied by the court,
17 the time periods under subparagraph (B) or (C) shall
18 apply to any subsequent petition for sealing filed by
19 the petitioner.
20 (4) Subsequent felony convictions. A person may not
21 have subsequent felony conviction records sealed as
22 provided in this subsection (c) if he or she is convicted
23 of any felony offense after the date of the sealing of
24 prior felony convictions as provided in this subsection
25 (c). The court may, upon conviction for a subsequent felony
26 offense, order the unsealing of prior felony conviction

SB2834- 175 -LRB100 16078 KTG 33917 b
1 records previously ordered sealed by the court.
2 (5) Notice of eligibility for sealing. Upon entry of a
3 disposition for an eligible record under this subsection
4 (c), the petitioner shall be informed by the court of the
5 right to have the records sealed and the procedures for the
6 sealing of the records.
7 (d) Procedure. The following procedures apply to
8expungement under subsections (b), (e), and (e-6) and sealing
9under subsections (c) and (e-5):
10 (1) Filing the petition. Upon becoming eligible to
11 petition for the expungement or sealing of records under
12 this Section, the petitioner shall file a petition
13 requesting the expungement or sealing of records with the
14 clerk of the court where the arrests occurred or the
15 charges were brought, or both. If arrests occurred or
16 charges were brought in multiple jurisdictions, a petition
17 must be filed in each such jurisdiction. The petitioner
18 shall pay the applicable fee, except no fee shall be
19 required if the petitioner has obtained a court order
20 waiving fees under Supreme Court Rule 298 or it is
21 otherwise waived.
22 (1.5) County fee waiver pilot program. In a county of
23 3,000,000 or more inhabitants, no fee shall be required to
24 be paid by a petitioner if the records sought to be
25 expunged or sealed were arrests resulting in release
26 without charging or arrests or charges not initiated by

SB2834- 176 -LRB100 16078 KTG 33917 b
1 arrest resulting in acquittal, dismissal, or conviction
2 when the conviction was reversed or vacated, unless
3 excluded by subsection (a)(3)(B). The provisions of this
4 paragraph (1.5), other than this sentence, are inoperative
5 on and after January 1, 2019 or one year after January 1,
6 2017 (the effective date of Public Act 99-881), whichever
7 is later.
8 (2) Contents of petition. The petition shall be
9 verified and shall contain the petitioner's name, date of
10 birth, current address and, for each arrest or charge not
11 initiated by arrest sought to be sealed or expunged, the
12 case number, the date of arrest (if any), the identity of
13 the arresting authority, and such other information as the
14 court may require. During the pendency of the proceeding,
15 the petitioner shall promptly notify the circuit court
16 clerk of any change of his or her address. If the
17 petitioner has received a certificate of eligibility for
18 sealing from the Prisoner Review Board under paragraph (10)
19 of subsection (a) of Section 3-3-2 of the Unified Code of
20 Corrections, the certificate shall be attached to the
21 petition.
22 (3) Drug test. The petitioner must attach to the
23 petition proof that the petitioner has passed a test taken
24 within 30 days before the filing of the petition showing
25 the absence within his or her body of all illegal
26 substances as defined by the Illinois Controlled

SB2834- 177 -LRB100 16078 KTG 33917 b
1 Substances Act, the Methamphetamine Control and Community
2 Protection Act, and the Cannabis Control Act if he or she
3 is petitioning to:
4 (A) seal felony records under clause (c)(2)(E);
5 (B) seal felony records for a violation of the
6 Illinois Controlled Substances Act, the
7 Methamphetamine Control and Community Protection Act,
8 or the Cannabis Control Act under clause (c)(2)(F);
9 (C) seal felony records under subsection (e-5); or
10 (D) expunge felony records of a qualified
11 probation under clause (b)(1)(iv).
12 (4) Service of petition. The circuit court clerk shall
13 promptly serve a copy of the petition and documentation to
14 support the petition under subsection (e-5) or (e-6) on the
15 State's Attorney or prosecutor charged with the duty of
16 prosecuting the offense, the Department of State Police,
17 the arresting agency and the chief legal officer of the
18 unit of local government effecting the arrest.
19 (5) Objections.
20 (A) Any party entitled to notice of the petition
21 may file an objection to the petition. All objections
22 shall be in writing, shall be filed with the circuit
23 court clerk, and shall state with specificity the basis
24 of the objection. Whenever a person who has been
25 convicted of an offense is granted a pardon by the
26 Governor which specifically authorizes expungement, an

SB2834- 178 -LRB100 16078 KTG 33917 b
1 objection to the petition may not be filed.
2 (B) Objections to a petition to expunge or seal
3 must be filed within 60 days of the date of service of
4 the petition.
5 (6) Entry of order.
6 (A) The Chief Judge of the circuit wherein the
7 charge was brought, any judge of that circuit
8 designated by the Chief Judge, or in counties of less
9 than 3,000,000 inhabitants, the presiding trial judge
10 at the petitioner's trial, if any, shall rule on the
11 petition to expunge or seal as set forth in this
12 subsection (d)(6).
13 (B) Unless the State's Attorney or prosecutor, the
14 Department of State Police, the arresting agency, or
15 the chief legal officer files an objection to the
16 petition to expunge or seal within 60 days from the
17 date of service of the petition, the court shall enter
18 an order granting or denying the petition.
19 (7) Hearings. If an objection is filed, the court shall
20 set a date for a hearing and notify the petitioner and all
21 parties entitled to notice of the petition of the hearing
22 date at least 30 days prior to the hearing. Prior to the
23 hearing, the State's Attorney shall consult with the
24 Department as to the appropriateness of the relief sought
25 in the petition to expunge or seal. At the hearing, the
26 court shall hear evidence on whether the petition should or

SB2834- 179 -LRB100 16078 KTG 33917 b
1 should not be granted, and shall grant or deny the petition
2 to expunge or seal the records based on the evidence
3 presented at the hearing. The court may consider the
4 following:
5 (A) the strength of the evidence supporting the
6 defendant's conviction;
7 (B) the reasons for retention of the conviction
8 records by the State;
9 (C) the petitioner's age, criminal record history,
10 and employment history;
11 (D) the period of time between the petitioner's
12 arrest on the charge resulting in the conviction and
13 the filing of the petition under this Section; and
14 (E) the specific adverse consequences the
15 petitioner may be subject to if the petition is denied.
16 (8) Service of order. After entering an order to
17 expunge or seal records, the court must provide copies of
18 the order to the Department, in a form and manner
19 prescribed by the Department, to the petitioner, to the
20 State's Attorney or prosecutor charged with the duty of
21 prosecuting the offense, to the arresting agency, to the
22 chief legal officer of the unit of local government
23 effecting the arrest, and to such other criminal justice
24 agencies as may be ordered by the court.
25 (9) Implementation of order.
26 (A) Upon entry of an order to expunge records

SB2834- 180 -LRB100 16078 KTG 33917 b
1 pursuant to (b)(2)(A) or (b)(2)(B)(ii), or both:
2 (i) the records shall be expunged (as defined
3 in subsection (a)(1)(E)) by the arresting agency,
4 the Department, and any other agency as ordered by
5 the court, within 60 days of the date of service of
6 the order, unless a motion to vacate, modify, or
7 reconsider the order is filed pursuant to
8 paragraph (12) of subsection (d) of this Section;
9 (ii) the records of the circuit court clerk
10 shall be impounded until further order of the court
11 upon good cause shown and the name of the
12 petitioner obliterated on the official index
13 required to be kept by the circuit court clerk
14 under Section 16 of the Clerks of Courts Act, but
15 the order shall not affect any index issued by the
16 circuit court clerk before the entry of the order;
17 and
18 (iii) in response to an inquiry for expunged
19 records, the court, the Department, or the agency
20 receiving such inquiry, shall reply as it does in
21 response to inquiries when no records ever
22 existed.
23 (B) Upon entry of an order to expunge records
24 pursuant to (b)(2)(B)(i) or (b)(2)(C), or both:
25 (i) the records shall be expunged (as defined
26 in subsection (a)(1)(E)) by the arresting agency

SB2834- 181 -LRB100 16078 KTG 33917 b
1 and any other agency as ordered by the court,
2 within 60 days of the date of service of the order,
3 unless a motion to vacate, modify, or reconsider
4 the order is filed pursuant to paragraph (12) of
5 subsection (d) of this Section;
6 (ii) the records of the circuit court clerk
7 shall be impounded until further order of the court
8 upon good cause shown and the name of the
9 petitioner obliterated on the official index
10 required to be kept by the circuit court clerk
11 under Section 16 of the Clerks of Courts Act, but
12 the order shall not affect any index issued by the
13 circuit court clerk before the entry of the order;
14 (iii) the records shall be impounded by the
15 Department within 60 days of the date of service of
16 the order as ordered by the court, unless a motion
17 to vacate, modify, or reconsider the order is filed
18 pursuant to paragraph (12) of subsection (d) of
19 this Section;
20 (iv) records impounded by the Department may
21 be disseminated by the Department only as required
22 by law or to the arresting authority, the State's
23 Attorney, and the court upon a later arrest for the
24 same or a similar offense or for the purpose of
25 sentencing for any subsequent felony, and to the
26 Department of Corrections upon conviction for any

SB2834- 182 -LRB100 16078 KTG 33917 b
1 offense; and
2 (v) in response to an inquiry for such records
3 from anyone not authorized by law to access such
4 records, the court, the Department, or the agency
5 receiving such inquiry shall reply as it does in
6 response to inquiries when no records ever
7 existed.
8 (B-5) Upon entry of an order to expunge records
9 under subsection (e-6):
10 (i) the records shall be expunged (as defined
11 in subsection (a)(1)(E)) by the arresting agency
12 and any other agency as ordered by the court,
13 within 60 days of the date of service of the order,
14 unless a motion to vacate, modify, or reconsider
15 the order is filed under paragraph (12) of
16 subsection (d) of this Section;
17 (ii) the records of the circuit court clerk
18 shall be impounded until further order of the court
19 upon good cause shown and the name of the
20 petitioner obliterated on the official index
21 required to be kept by the circuit court clerk
22 under Section 16 of the Clerks of Courts Act, but
23 the order shall not affect any index issued by the
24 circuit court clerk before the entry of the order;
25 (iii) the records shall be impounded by the
26 Department within 60 days of the date of service of

SB2834- 183 -LRB100 16078 KTG 33917 b
1 the order as ordered by the court, unless a motion
2 to vacate, modify, or reconsider the order is filed
3 under paragraph (12) of subsection (d) of this
4 Section;
5 (iv) records impounded by the Department may
6 be disseminated by the Department only as required
7 by law or to the arresting authority, the State's
8 Attorney, and the court upon a later arrest for the
9 same or a similar offense or for the purpose of
10 sentencing for any subsequent felony, and to the
11 Department of Corrections upon conviction for any
12 offense; and
13 (v) in response to an inquiry for these records
14 from anyone not authorized by law to access the
15 records, the court, the Department, or the agency
16 receiving the inquiry shall reply as it does in
17 response to inquiries when no records ever
18 existed.
19 (C) Upon entry of an order to seal records under
20 subsection (c), the arresting agency, any other agency
21 as ordered by the court, the Department, and the court
22 shall seal the records (as defined in subsection
23 (a)(1)(K)). In response to an inquiry for such records,
24 from anyone not authorized by law to access such
25 records, the court, the Department, or the agency
26 receiving such inquiry shall reply as it does in

SB2834- 184 -LRB100 16078 KTG 33917 b
1 response to inquiries when no records ever existed.
2 (D) The Department shall send written notice to the
3 petitioner of its compliance with each order to expunge
4 or seal records within 60 days of the date of service
5 of that order or, if a motion to vacate, modify, or
6 reconsider is filed, within 60 days of service of the
7 order resolving the motion, if that order requires the
8 Department to expunge or seal records. In the event of
9 an appeal from the circuit court order, the Department
10 shall send written notice to the petitioner of its
11 compliance with an Appellate Court or Supreme Court
12 judgment to expunge or seal records within 60 days of
13 the issuance of the court's mandate. The notice is not
14 required while any motion to vacate, modify, or
15 reconsider, or any appeal or petition for
16 discretionary appellate review, is pending.
17 (10) Fees. The Department may charge the petitioner a
18 fee equivalent to the cost of processing any order to
19 expunge or seal records. Notwithstanding any provision of
20 the Clerks of Courts Act to the contrary, the circuit court
21 clerk may charge a fee equivalent to the cost associated
22 with the sealing or expungement of records by the circuit
23 court clerk. From the total filing fee collected for the
24 petition to seal or expunge, the circuit court clerk shall
25 deposit $10 into the Circuit Court Clerk Operation and
26 Administrative Fund, to be used to offset the costs

SB2834- 185 -LRB100 16078 KTG 33917 b
1 incurred by the circuit court clerk in performing the
2 additional duties required to serve the petition to seal or
3 expunge on all parties. The circuit court clerk shall
4 collect and forward the Department of State Police portion
5 of the fee to the Department and it shall be deposited in
6 the State Police Services Fund.
7 (11) Final Order. No court order issued under the
8 expungement or sealing provisions of this Section shall
9 become final for purposes of appeal until 30 days after
10 service of the order on the petitioner and all parties
11 entitled to notice of the petition.
12 (12) Motion to Vacate, Modify, or Reconsider. Under
13 Section 2-1203 of the Code of Civil Procedure, the
14 petitioner or any party entitled to notice may file a
15 motion to vacate, modify, or reconsider the order granting
16 or denying the petition to expunge or seal within 60 days
17 of service of the order. If filed more than 60 days after
18 service of the order, a petition to vacate, modify, or
19 reconsider shall comply with subsection (c) of Section
20 2-1401 of the Code of Civil Procedure. Upon filing of a
21 motion to vacate, modify, or reconsider, notice of the
22 motion shall be served upon the petitioner and all parties
23 entitled to notice of the petition.
24 (13) Effect of Order. An order granting a petition
25 under the expungement or sealing provisions of this Section
26 shall not be considered void because it fails to comply

SB2834- 186 -LRB100 16078 KTG 33917 b
1 with the provisions of this Section or because of any error
2 asserted in a motion to vacate, modify, or reconsider. The
3 circuit court retains jurisdiction to determine whether
4 the order is voidable and to vacate, modify, or reconsider
5 its terms based on a motion filed under paragraph (12) of
6 this subsection (d).
7 (14) Compliance with Order Granting Petition to Seal
8 Records. Unless a court has entered a stay of an order
9 granting a petition to seal, all parties entitled to notice
10 of the petition must fully comply with the terms of the
11 order within 60 days of service of the order even if a
12 party is seeking relief from the order through a motion
13 filed under paragraph (12) of this subsection (d) or is
14 appealing the order.
15 (15) Compliance with Order Granting Petition to
16 Expunge Records. While a party is seeking relief from the
17 order granting the petition to expunge through a motion
18 filed under paragraph (12) of this subsection (d) or is
19 appealing the order, and unless a court has entered a stay
20 of that order, the parties entitled to notice of the
21 petition must seal, but need not expunge, the records until
22 there is a final order on the motion for relief or, in the
23 case of an appeal, the issuance of that court's mandate.
24 (16) The changes to this subsection (d) made by Public
25 Act 98-163 apply to all petitions pending on August 5, 2013
26 (the effective date of Public Act 98-163) and to all orders

SB2834- 187 -LRB100 16078 KTG 33917 b
1 ruling on a petition to expunge or seal on or after August
2 5, 2013 (the effective date of Public Act 98-163).
3 (e) Whenever a person who has been convicted of an offense
4is granted a pardon by the Governor which specifically
5authorizes expungement, he or she may, upon verified petition
6to the Chief Judge of the circuit where the person had been
7convicted, any judge of the circuit designated by the Chief
8Judge, or in counties of less than 3,000,000 inhabitants, the
9presiding trial judge at the defendant's trial, have a court
10order entered expunging the record of arrest from the official
11records of the arresting authority and order that the records
12of the circuit court clerk and the Department be sealed until
13further order of the court upon good cause shown or as
14otherwise provided herein, and the name of the defendant
15obliterated from the official index requested to be kept by the
16circuit court clerk under Section 16 of the Clerks of Courts
17Act in connection with the arrest and conviction for the
18offense for which he or she had been pardoned but the order
19shall not affect any index issued by the circuit court clerk
20before the entry of the order. All records sealed by the
21Department may be disseminated by the Department only to the
22arresting authority, the State's Attorney, and the court upon a
23later arrest for the same or similar offense or for the purpose
24of sentencing for any subsequent felony. Upon conviction for
25any subsequent offense, the Department of Corrections shall
26have access to all sealed records of the Department pertaining

SB2834- 188 -LRB100 16078 KTG 33917 b
1to that individual. Upon entry of the order of expungement, the
2circuit court clerk shall promptly mail a copy of the order to
3the person who was pardoned.
4 (e-5) Whenever a person who has been convicted of an
5offense is granted a certificate of eligibility for sealing by
6the Prisoner Review Board which specifically authorizes
7sealing, he or she may, upon verified petition to the Chief
8Judge of the circuit where the person had been convicted, any
9judge of the circuit designated by the Chief Judge, or in
10counties of less than 3,000,000 inhabitants, the presiding
11trial judge at the petitioner's trial, have a court order
12entered sealing the record of arrest from the official records
13of the arresting authority and order that the records of the
14circuit court clerk and the Department be sealed until further
15order of the court upon good cause shown or as otherwise
16provided herein, and the name of the petitioner obliterated
17from the official index requested to be kept by the circuit
18court clerk under Section 16 of the Clerks of Courts Act in
19connection with the arrest and conviction for the offense for
20which he or she had been granted the certificate but the order
21shall not affect any index issued by the circuit court clerk
22before the entry of the order. All records sealed by the
23Department may be disseminated by the Department only as
24required by this Act or to the arresting authority, a law
25enforcement agency, the State's Attorney, and the court upon a
26later arrest for the same or similar offense or for the purpose

SB2834- 189 -LRB100 16078 KTG 33917 b
1of sentencing for any subsequent felony. Upon conviction for
2any subsequent offense, the Department of Corrections shall
3have access to all sealed records of the Department pertaining
4to that individual. Upon entry of the order of sealing, the
5circuit court clerk shall promptly mail a copy of the order to
6the person who was granted the certificate of eligibility for
7sealing.
8 (e-6) Whenever a person who has been convicted of an
9offense is granted a certificate of eligibility for expungement
10by the Prisoner Review Board which specifically authorizes
11expungement, he or she may, upon verified petition to the Chief
12Judge of the circuit where the person had been convicted, any
13judge of the circuit designated by the Chief Judge, or in
14counties of less than 3,000,000 inhabitants, the presiding
15trial judge at the petitioner's trial, have a court order
16entered expunging the record of arrest from the official
17records of the arresting authority and order that the records
18of the circuit court clerk and the Department be sealed until
19further order of the court upon good cause shown or as
20otherwise provided herein, and the name of the petitioner
21obliterated from the official index requested to be kept by the
22circuit court clerk under Section 16 of the Clerks of Courts
23Act in connection with the arrest and conviction for the
24offense for which he or she had been granted the certificate
25but the order shall not affect any index issued by the circuit
26court clerk before the entry of the order. All records sealed

SB2834- 190 -LRB100 16078 KTG 33917 b
1by the Department may be disseminated by the Department only as
2required by this Act or to the arresting authority, a law
3enforcement agency, the State's Attorney, and the court upon a
4later arrest for the same or similar offense or for the purpose
5of sentencing for any subsequent felony. Upon conviction for
6any subsequent offense, the Department of Corrections shall
7have access to all expunged records of the Department
8pertaining to that individual. Upon entry of the order of
9expungement, the circuit court clerk shall promptly mail a copy
10of the order to the person who was granted the certificate of
11eligibility for expungement.
12 (f) Subject to available funding, the Illinois Department
13of Corrections shall conduct a study of the impact of sealing,
14especially on employment and recidivism rates, utilizing a
15random sample of those who apply for the sealing of their
16criminal records under Public Act 93-211. At the request of the
17Illinois Department of Corrections, records of the Illinois
18Department of Employment Security shall be utilized as
19appropriate to assist in the study. The study shall not
20disclose any data in a manner that would allow the
21identification of any particular individual or employing unit.
22The study shall be made available to the General Assembly no
23later than September 1, 2010.
24 (g) Immediate Sealing.
25 (1) Applicability. Notwithstanding any other provision
26 of this Act to the contrary, and cumulative with any rights

SB2834- 191 -LRB100 16078 KTG 33917 b
1 to expungement or sealing of criminal records, this
2 subsection authorizes the immediate sealing of criminal
3 records of adults and of minors prosecuted as adults.
4 (2) Eligible Records. Arrests or charges not initiated
5 by arrest resulting in acquittal or dismissal with
6 prejudice, except as excluded by subsection (a)(3)(B),
7 that occur on or after January 1, 2018 (the effective date
8 of Public Act 100-282) this amendatory Act of the 100th
9 General Assembly, may be sealed immediately if the petition
10 is filed with the circuit court clerk on the same day and
11 during the same hearing in which the case is disposed.
12 (3) When Records are Eligible to be Immediately Sealed.
13 Eligible records under paragraph (2) of this subsection (g)
14 may be sealed immediately after entry of the final
15 disposition of a case, notwithstanding the disposition of
16 other charges in the same case.
17 (4) Notice of Eligibility for Immediate Sealing. Upon
18 entry of a disposition for an eligible record under this
19 subsection (g), the defendant shall be informed by the
20 court of his or her right to have eligible records
21 immediately sealed and the procedure for the immediate
22 sealing of these records.
23 (5) Procedure. The following procedures apply to
24 immediate sealing under this subsection (g).
25 (A) Filing the Petition. Upon entry of the final
26 disposition of the case, the defendant's attorney may

SB2834- 192 -LRB100 16078 KTG 33917 b
1 immediately petition the court, on behalf of the
2 defendant, for immediate sealing of eligible records
3 under paragraph (2) of this subsection (g) that are
4 entered on or after January 1, 2018 (the effective date
5 of Public Act 100-282) this amendatory Act of the 100th
6 General Assembly. The immediate sealing petition may
7 be filed with the circuit court clerk during the
8 hearing in which the final disposition of the case is
9 entered. If the defendant's attorney does not file the
10 petition for immediate sealing during the hearing, the
11 defendant may file a petition for sealing at any time
12 as authorized under subsection (c)(3)(A).
13 (B) Contents of Petition. The immediate sealing
14 petition shall be verified and shall contain the
15 petitioner's name, date of birth, current address, and
16 for each eligible record, the case number, the date of
17 arrest if applicable, the identity of the arresting
18 authority if applicable, and other information as the
19 court may require.
20 (C) Drug Test. The petitioner shall not be required
21 to attach proof that he or she has passed a drug test.
22 (D) Service of Petition. A copy of the petition
23 shall be served on the State's Attorney in open court.
24 The petitioner shall not be required to serve a copy of
25 the petition on any other agency.
26 (E) Entry of Order. The presiding trial judge shall

SB2834- 193 -LRB100 16078 KTG 33917 b
1 enter an order granting or denying the petition for
2 immediate sealing during the hearing in which it is
3 filed. Petitions for immediate sealing shall be ruled
4 on in the same hearing in which the final disposition
5 of the case is entered.
6 (F) Hearings. The court shall hear the petition for
7 immediate sealing on the same day and during the same
8 hearing in which the disposition is rendered.
9 (G) Service of Order. An order to immediately seal
10 eligible records shall be served in conformance with
11 subsection (d)(8).
12 (H) Implementation of Order. An order to
13 immediately seal records shall be implemented in
14 conformance with subsections (d)(9)(C) and (d)(9)(D).
15 (I) Fees. The fee imposed by the circuit court
16 clerk and the Department of State Police shall comply
17 with paragraph (1) of subsection (d) of this Section.
18 (J) Final Order. No court order issued under this
19 subsection (g) shall become final for purposes of
20 appeal until 30 days after service of the order on the
21 petitioner and all parties entitled to service of the
22 order in conformance with subsection (d)(8).
23 (K) Motion to Vacate, Modify, or Reconsider. Under
24 Section 2-1203 of the Code of Civil Procedure, the
25 petitioner, State's Attorney, or the Department of
26 State Police may file a motion to vacate, modify, or

SB2834- 194 -LRB100 16078 KTG 33917 b
1 reconsider the order denying the petition to
2 immediately seal within 60 days of service of the
3 order. If filed more than 60 days after service of the
4 order, a petition to vacate, modify, or reconsider
5 shall comply with subsection (c) of Section 2-1401 of
6 the Code of Civil Procedure.
7 (L) Effect of Order. An order granting an immediate
8 sealing petition shall not be considered void because
9 it fails to comply with the provisions of this Section
10 or because of an error asserted in a motion to vacate,
11 modify, or reconsider. The circuit court retains
12 jurisdiction to determine whether the order is
13 voidable, and to vacate, modify, or reconsider its
14 terms based on a motion filed under subparagraph (L) of
15 this subsection (g).
16 (M) Compliance with Order Granting Petition to
17 Seal Records. Unless a court has entered a stay of an
18 order granting a petition to immediately seal, all
19 parties entitled to service of the order must fully
20 comply with the terms of the order within 60 days of
21 service of the order.
22(Source: P.A. 99-78, eff. 7-20-15; 99-378, eff. 1-1-16; 99-385,
23eff. 1-1-16; 99-642, eff. 7-28-16; 99-697, eff. 7-29-16;
2499-881, eff. 1-1-17; 100-201, eff. 8-18-17; 100-282, eff.
251-1-18; 100-284, eff. 8-24-17; 100-287, eff. 8-24-17; revised
2610-13-17.)

SB2834- 195 -LRB100 16078 KTG 33917 b
1 Section 25. The Illinois Uniform Conviction Information
2Act is amended by changing Section 3 as follows:
3 (20 ILCS 2635/3) (from Ch. 38, par. 1603)
4 Sec. 3. Definitions. Whenever used in this Act, and for the
5purposes of this Act, unless the context clearly indicates
6otherwise:
7 (A) "Accurate" means factually correct, containing no
8mistake or error of a material nature.
9 (B) The phrase "administer the criminal laws" includes any
10of the following activities: intelligence gathering,
11surveillance, criminal investigation, crime detection and
12prevention (including research), apprehension, detention,
13pretrial or post-trial release, prosecution, the correctional
14supervision or rehabilitation of accused persons or criminal
15offenders, criminal identification activities, data analysis
16and research done by the sentencing commission, or the
17collection, maintenance or dissemination of criminal history
18record information.
19 (C) "The Authority" means the Illinois Criminal Justice
20Information Authority.
21 (D) "Automated" means the utilization of computers,
22telecommunication lines, or other automatic data processing
23equipment for data collection or storage, analysis,
24processing, preservation, maintenance, dissemination, or

SB2834- 196 -LRB100 16078 KTG 33917 b
1display and is distinguished from a system in which such
2activities are performed manually.
3 (E) "Complete" means accurately reflecting all the
4criminal history record information about an individual that is
5required to be reported to the Department pursuant to Section
62.1 of the Criminal Identification Act.
7 (F) "Conviction information" means data reflecting a
8judgment of guilt or nolo contendere. The term includes all
9prior and subsequent criminal history events directly relating
10to such judgments, such as, but not limited to: (1) the
11notation of arrest; (2) the notation of charges filed; (3) the
12sentence imposed; (4) the fine imposed; and (5) all related
13probation, parole, and release information. Information ceases
14to be "conviction information" when a judgment of guilt is
15reversed or vacated.
16 For purposes of this Act, continuances to a date certain in
17furtherance of an order of supervision granted under Section
185-6-1 of the Unified Code of Corrections or an order of
19probation granted under either Section 10 of the Cannabis
20Control Act, Section 410 of the Illinois Controlled Substances
21Act, Section 70 of the Methamphetamine Control and Community
22Protection Act, Section 12-4.3 or subdivision (b)(1) of Section
2312-3.05 of the Criminal Code of 1961 or the Criminal Code of
242012, Section 10-102 of the Illinois Alcoholism and Other Drug
25Dependency Act, Section 40-10 of the Substance Use Disorder
26Act, Alcoholism and Other Drug Abuse and Dependency Act, or

SB2834- 197 -LRB100 16078 KTG 33917 b
1Section 10 of the Steroid Control Act shall not be deemed
2"conviction information".
3 (G) "Criminal history record information" means data
4identifiable to an individual, including information collected
5under Section 4.5 of the Criminal Identification Act, and
6consisting of descriptions or notations of arrests,
7detentions, indictments, informations, pretrial proceedings,
8trials, or other formal events in the criminal justice system
9or descriptions or notations of criminal charges (including
10criminal violations of local municipal ordinances) and the
11nature of any disposition arising therefrom, including
12sentencing, court or correctional supervision, rehabilitation
13and release. The term does not apply to statistical records and
14reports in which individuals are not identified and from which
15their identities are not ascertainable, or to information that
16is for criminal investigative or intelligence purposes.
17 (H) "Criminal justice agency" means (1) a government agency
18or any subunit thereof which is authorized to administer the
19criminal laws and which allocates a substantial part of its
20annual budget for that purpose, or (2) an agency supported by
21public funds which is authorized as its principal function to
22administer the criminal laws and which is officially designated
23by the Department as a criminal justice agency for purposes of
24this Act.
25 (I) "The Department" means the Illinois Department of State
26Police.

SB2834- 198 -LRB100 16078 KTG 33917 b
1 (J) "Director" means the Director of the Illinois
2Department of State Police.
3 (K) "Disseminate" means to disclose or transmit conviction
4information in any form, oral, written, or otherwise.
5 (L) "Exigency" means pending danger or the threat of
6pending danger to an individual or property.
7 (M) "Non-criminal justice agency" means a State agency,
8Federal agency, or unit of local government that is not a
9criminal justice agency. The term does not refer to private
10individuals, corporations, or non-governmental agencies or
11organizations.
12 (M-5) "Request" means the submission to the Department, in
13the form and manner required, the necessary data elements or
14fingerprints, or both, to allow the Department to initiate a
15search of its criminal history record information files.
16 (N) "Requester" means any private individual, corporation,
17organization, employer, employment agency, labor organization,
18or non-criminal justice agency that has made a request pursuant
19to this Act to obtain conviction information maintained in the
20files of the Department of State Police regarding a particular
21individual.
22 (O) "Statistical information" means data from which the
23identity of an individual cannot be ascertained,
24reconstructed, or verified and to which the identity of an
25individual cannot be linked by the recipient of the
26information.

SB2834- 199 -LRB100 16078 KTG 33917 b
1 (P) "Sentencing commission" means the Sentencing Policy
2Advisory Council.
3(Source: P.A. 99-880, eff. 8-22-16; 100-201, eff. 8-18-17.)
4 Section 30. The Community Behavioral Health Center
5Infrastructure Act is amended by changing Section 5 as follows:
6 (30 ILCS 732/5)
7 Sec. 5. Definitions. In this Act:
8 "Behavioral health center site" means a physical site where
9a community behavioral health center shall provide behavioral
10healthcare services linked to a particular
11Department-contracted community behavioral healthcare
12provider, from which this provider delivers a
13Department-funded service and has the following
14characteristics:
15 (i) The site must be owned, leased, or otherwise
16 controlled by a Department-funded provider.
17 (ii) A Department-funded provider may have multiple
18 service sites.
19 (iii) A Department-funded provider may provide both
20 Medicaid and non-Medicaid services for which they are
21 certified or approved at a certified site.
22 "Board" means the Capital Development Board.
23 "Community behavioral healthcare provider" includes, but
24is not limited to, Department-contracted prevention,

SB2834- 200 -LRB100 16078 KTG 33917 b
1intervention, or treatment care providers of services and
2supports for persons with mental health services, alcohol and
3substance abuse services, rehabilitation services, and early
4intervention services provided by a vendor.
5 For the purposes of this definition, "vendor" includes, but
6is not limited to, community providers, including
7community-based organizations that are licensed to provide
8prevention, intervention, or treatment services and support
9for persons with mental illness or substance abuse problems in
10this State, that comply with applicable federal, State, and
11local rules and statutes, including, but not limited to, the
12following:
13 (A) Federal requirements:
14 (1) Block Grants for Community Mental Health
15 Services, Subpart I & III, Part B, Title XIX, P.H.S.
16 Act/45 C.F.R. Part 96.
17 (2) Medicaid (42 U.S.C.A. 1396 (1996)).
18 (3) 42 C.F.R. 440 (Services: General Provision)
19 and 456 (Utilization Control) (1996).
20 (4) Health Insurance Portability and
21 Accountability Act (HIPAA) as specified in 45 C.F.R.
22 Section 160.310.
23 (5) The Substance Abuse Prevention Block Grant
24 Regulations (45 C.F.R. Part 96).
25 (6) Program Fraud Civil Remedies Act of 1986 (45
26 C.F.R. Part 79).

SB2834- 201 -LRB100 16078 KTG 33917 b
1 (7) Federal regulations regarding Opioid
2 Maintenance Therapy (21 C.F.R. 29) (21 C.F.R.
3 1301-1307 (D.E.A.)).
4 (8) Federal regulations regarding Diagnostic,
5 Screening, Prevention, and Rehabilitation Services
6 (Medicaid) (42 C.F.R. 440.130).
7 (9) Charitable Choice: Providers that qualify as
8 religious organizations under 42 C.F.R. 54.2(b), who
9 comply with the Charitable Choice Regulations as set
10 forth in 42 C.F.R. 54.1 et seq. with regard to funds
11 provided directly to pay for substance abuse
12 prevention and treatment services.
13 (B) State requirements:
14 (1) 59 Ill. Admin. Code 50, Office of Inspector
15 General Investigations of Alleged Abuse or Neglect in
16 State-Operated Facilities and Community Agencies.
17 (2) 59 Ill. Admin. Code 51, Office of Inspector
18 General Adults with Disabilities Project.
19 (3) 59 Ill. Admin. Code 103, Grants.
20 (4) 59 Ill. Admin. Code 115, Standards and
21 Licensure Requirements for Community-Integrated Living
22 Arrangements.
23 (5) 59 Ill. Admin. Code 117, Family Assistance and
24 Home-Based Support Programs for Persons with Mental
25 Disabilities.
26 (6) 59 Ill. Admin. Code 125, Recipient

SB2834- 202 -LRB100 16078 KTG 33917 b
1 Discharge/Linkage/Aftercare.
2 (7) 59 Ill. Admin. Code 131, Children's Mental
3 Health Screening, Assessment and Supportive Services
4 Program.
5 (8) 59 Ill. Admin. Code 132, Medicaid Community
6 Mental Health Services Program.
7 (9) 59 Ill. Admin. Code 135, Individual Care Grants
8 for Mentally Ill Children.
9 (10) 89 Ill. Admin. Code 140, Medical Payment.
10 (11) 89 Ill. Admin. Code 140.642, Screening
11 Assessment for Nursing Facility and Alternative
12 Residential Settings and Services.
13 (12) 89 Ill. Admin. Code 507, Audit Requirements of
14 Illinois Department of Human Services.
15 (13) 89 Ill. Admin. Code 509,
16 Fiscal/Administrative Recordkeeping and Requirements.
17 (14) 89 Ill. Admin. Code 511, Grants and Grant
18 Funds Recovery.
19 (15) 77 Ill. Admin. Code, Parts 2030, 2060, and
20 2090.
21 (16) Title 77 Illinois Administrative Code:
22 (a) Part 630: Maternal and Child Health
23 Services Code.
24 (b) Part 635: Family Planning Services Code.
25 (c) Part 672: WIC Vendor Management Code.
26 (d) Part 2030: Award and Monitoring of Funds.

SB2834- 203 -LRB100 16078 KTG 33917 b
1 (e) Part 2200: School Based/Linked Health
2 Centers.
3 (17) Title 89 Illinois Administrative Code:
4 (a) Part 130.200: Administration of Social
5 Service Programs, Domestic Violence Shelter and
6 Service Programs.
7 (b) Part 310: Delivery of Youth Services
8 Funded by the Department of Human Services.
9 (c) Part 313: Community Services.
10 (d) Part 334: Administration and Funding of
11 Community-Based Services to Youth.
12 (e) Part 500: Early Intervention Program.
13 (f) Part 501: Partner Abuse Intervention.
14 (g) Part 507: Audit Requirements of DHS.
15 (h) Part 509: Fiscal/Administrative
16 Recordkeeping and Requirements.
17 (i) Part 511: Grants and Grant Funds Recovery.
18 (18) State statutes:
19 (a) The Mental Health and Developmental
20 Disabilities Code.
21 (b) The Community Services Act.
22 (c) The Mental Health and Developmental
23 Disabilities Confidentiality Act.
24 (d) The Substance Use Disorder Act Alcoholism
25 and Other Drug Abuse and Dependency Act.
26 (e) The Early Intervention Services System

SB2834- 204 -LRB100 16078 KTG 33917 b
1 Act.
2 (f) The Children and Family Services Act.
3 (g) The Illinois Commission on Volunteerism
4 and Community Services Act.
5 (h) The Department of Human Services Act.
6 (i) The Domestic Violence Shelters Act.
7 (j) The Illinois Youthbuild Act.
8 (k) The Civil Administrative Code of Illinois.
9 (l) The Illinois Grant Funds Recovery Act.
10 (m) The Child Care Act of 1969.
11 (n) The Solicitation for Charity Act.
12 (o) The Illinois Public Aid Code (305 ILCS
13 5/9-1, 12-4.5 through 12-4.7, and 12-13).
14 (p) The Abused and Neglected Child Reporting
15 Act.
16 (q) The Charitable Trust Act.
17 (r) The Illinois Alcoholism and Other Drug
18 Dependency Act.
19 (C) The Provider shall be in compliance with all
20 applicable requirements for services and service reporting
21 as specified in the following Department manuals or
22 handbooks:
23 (1) DHS/DMH Provider Manual.
24 (2) DHS Mental Health CSA Program Manual.
25 (3) DHS/DMH PAS/MH Manual.
26 (4) Community Forensic Services Handbook.

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1 (5) Community Mental Health Service Definitions
2 and Reimbursement Guide.
3 (6) DHS/DMH Collaborative Provider Manual.
4 (7) Handbook for Providers of Screening Assessment
5 and Support Services, Chapter CMH-200 Policy and
6 Procedures For Screening, Assessment and Support
7 Services.
8 (8) DHS Division of Substance Use Prevention and
9 Recovery DASA:
10 (a) Contractual Policy Manual.
11 (b) Medicaid Handbook.
12 (c) DARTS Manual.
13 (9) Division of Substance Use Prevention and
14 Recovery DASA Best Practice Program Guidelines for
15 Specific Populations.
16 (10) Division of Substance Use Prevention and
17 Recovery DASA Contract Program Manual.
18 "Community behavioral healthcare services" means any of
19the following:
20 (i) Behavioral health services, including, but not
21 limited to, prevention, intervention, or treatment care
22 services and support for eligible persons provided by a
23 vendor of the Department.
24 (ii) Referrals to providers of medical services and
25 other health-related services, including substance abuse
26 and mental health services.

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1 (iii) Patient case management services, including
2 counseling, referral, and follow-up services, and other
3 services designed to assist community behavioral health
4 center patients in establishing eligibility for and
5 gaining access to federal, State, and local programs that
6 provide or financially support the provision of medical,
7 social, educational, or other related services.
8 (iv) Services that enable individuals to use the
9 services of the behavioral health center including
10 outreach and transportation services and, if a substantial
11 number of the individuals in the population are of limited
12 English-speaking ability, the services of appropriate
13 personnel fluent in the language spoken by a predominant
14 number of those individuals.
15 (v) Education of patients and the general population
16 served by the community behavioral health center regarding
17 the availability and proper use of behavioral health
18 services.
19 (vi) Additional behavioral healthcare services
20 consisting of services that are appropriate to meet the
21 health needs of the population served by the behavioral
22 health center involved and that may include housing
23 assistance.
24 "Department" means the Department of Human Services.
25 "Uninsured population" means persons who do not own private
26healthcare insurance, are not part of a group insurance plan,

SB2834- 207 -LRB100 16078 KTG 33917 b
1and are not eligible for any State or federal
2government-sponsored healthcare program.
3(Source: P.A. 96-1380, eff. 7-29-10.)
4 Section 35. The Illinois Police Training Act is amended by
5changing Sections 7 and 10.18 as follows:
6 (50 ILCS 705/7) (from Ch. 85, par. 507)
7 Sec. 7. Rules and standards for schools. The Board shall
8adopt rules and minimum standards for such schools which shall
9include, but not be limited to, the following:
10 a. The curriculum for probationary police officers
11 which shall be offered by all certified schools shall
12 include, but not be limited to, courses of procedural
13 justice, arrest and use and control tactics, search and
14 seizure, including temporary questioning, civil rights,
15 human rights, human relations, cultural competency,
16 including implicit bias and racial and ethnic sensitivity,
17 criminal law, law of criminal procedure, constitutional
18 and proper use of law enforcement authority, vehicle and
19 traffic law including uniform and non-discriminatory
20 enforcement of the Illinois Vehicle Code, traffic control
21 and accident investigation, techniques of obtaining
22 physical evidence, court testimonies, statements, reports,
23 firearms training, training in the use of electronic
24 control devices, including the psychological and

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1 physiological effects of the use of those devices on
2 humans, first-aid (including cardiopulmonary
3 resuscitation), training in the administration of opioid
4 antagonists as defined in paragraph (1) of subsection (e)
5 of Section 5-23 of the Substance Use Disorder Act,
6 Alcoholism and Other Drug Abuse and Dependency Act,
7 handling of juvenile offenders, recognition of mental
8 conditions and crises, including, but not limited to, the
9 disease of addiction, which require immediate assistance
10 and response and methods to safeguard and provide
11 assistance to a person in need of mental treatment,
12 recognition of abuse, neglect, financial exploitation, and
13 self-neglect of adults with disabilities and older adults,
14 as defined in Section 2 of the Adult Protective Services
15 Act, crimes against the elderly, law of evidence, the
16 hazards of high-speed police vehicle chases with an
17 emphasis on alternatives to the high-speed chase, and
18 physical training. The curriculum shall include specific
19 training in techniques for immediate response to and
20 investigation of cases of domestic violence and of sexual
21 assault of adults and children, including cultural
22 perceptions and common myths of sexual assault and sexual
23 abuse as well as interview techniques that are trauma
24 informed, victim centered, and victim sensitive. The
25 curriculum shall include training in techniques designed
26 to promote effective communication at the initial contact

SB2834- 209 -LRB100 16078 KTG 33917 b
1 with crime victims and ways to comprehensively explain to
2 victims and witnesses their rights under the Rights of
3 Crime Victims and Witnesses Act and the Crime Victims
4 Compensation Act. The curriculum shall also include
5 training in effective recognition of and responses to
6 stress, trauma, and post-traumatic stress experienced by
7 police officers. The curriculum shall also include a block
8 of instruction aimed at identifying and interacting with
9 persons with autism and other developmental or physical
10 disabilities, reducing barriers to reporting crimes
11 against persons with autism, and addressing the unique
12 challenges presented by cases involving victims or
13 witnesses with autism and other developmental
14 disabilities. The curriculum for permanent police officers
15 shall include, but not be limited to: (1) refresher and
16 in-service training in any of the courses listed above in
17 this subparagraph, (2) advanced courses in any of the
18 subjects listed above in this subparagraph, (3) training
19 for supervisory personnel, and (4) specialized training in
20 subjects and fields to be selected by the board. The
21 training in the use of electronic control devices shall be
22 conducted for probationary police officers, including
23 University police officers.
24 b. Minimum courses of study, attendance requirements
25 and equipment requirements.
26 c. Minimum requirements for instructors.

SB2834- 210 -LRB100 16078 KTG 33917 b
1 d. Minimum basic training requirements, which a
2 probationary police officer must satisfactorily complete
3 before being eligible for permanent employment as a local
4 law enforcement officer for a participating local
5 governmental agency. Those requirements shall include
6 training in first aid (including cardiopulmonary
7 resuscitation).
8 e. Minimum basic training requirements, which a
9 probationary county corrections officer must
10 satisfactorily complete before being eligible for
11 permanent employment as a county corrections officer for a
12 participating local governmental agency.
13 f. Minimum basic training requirements which a
14 probationary court security officer must satisfactorily
15 complete before being eligible for permanent employment as
16 a court security officer for a participating local
17 governmental agency. The Board shall establish those
18 training requirements which it considers appropriate for
19 court security officers and shall certify schools to
20 conduct that training.
21 A person hired to serve as a court security officer
22 must obtain from the Board a certificate (i) attesting to
23 his or her successful completion of the training course;
24 (ii) attesting to his or her satisfactory completion of a
25 training program of similar content and number of hours
26 that has been found acceptable by the Board under the

SB2834- 211 -LRB100 16078 KTG 33917 b
1 provisions of this Act; or (iii) attesting to the Board's
2 determination that the training course is unnecessary
3 because of the person's extensive prior law enforcement
4 experience.
5 Individuals who currently serve as court security
6 officers shall be deemed qualified to continue to serve in
7 that capacity so long as they are certified as provided by
8 this Act within 24 months of June 1, 1997 (the effective
9 date of Public Act 89-685). Failure to be so certified,
10 absent a waiver from the Board, shall cause the officer to
11 forfeit his or her position.
12 All individuals hired as court security officers on or
13 after June 1, 1997 (the effective date of Public Act
14 89-685) this amendatory Act of 1996 shall be certified
15 within 12 months of the date of their hire, unless a waiver
16 has been obtained by the Board, or they shall forfeit their
17 positions.
18 The Sheriff's Merit Commission, if one exists, or the
19 Sheriff's Office if there is no Sheriff's Merit Commission,
20 shall maintain a list of all individuals who have filed
21 applications to become court security officers and who meet
22 the eligibility requirements established under this Act.
23 Either the Sheriff's Merit Commission, or the Sheriff's
24 Office if no Sheriff's Merit Commission exists, shall
25 establish a schedule of reasonable intervals for
26 verification of the applicants' qualifications under this

SB2834- 212 -LRB100 16078 KTG 33917 b
1 Act and as established by the Board.
2 g. Minimum in-service training requirements, which a
3 police officer must satisfactorily complete every 3 years.
4 Those requirements shall include constitutional and proper
5 use of law enforcement authority, procedural justice,
6 civil rights, human rights, mental health awareness and
7 response, and cultural competency.
8 h. Minimum in-service training requirements, which a
9 police officer must satisfactorily complete at least
10 annually. Those requirements shall include law updates and
11 use of force training which shall include scenario based
12 training, or similar training approved by the Board.
13(Source: P.A. 99-352, eff. 1-1-16; 99-480, eff. 9-9-15; 99-642,
14eff. 7-28-16; 99-801, eff. 1-1-17; 100-121, eff. 1-1-18;
15100-247, eff. 1-1-18; revised 10-3-17.)
16 (50 ILCS 705/10.18)
17 Sec. 10.18. Training; administration of opioid
18antagonists. The Board shall conduct or approve an in-service
19training program for police officers in the administration of
20opioid antagonists as defined in paragraph (1) of subsection
21(e) of Section 5-23 of the Substance Use Disorder Act
22Alcoholism and Other Drug Abuse and Dependency Act that is in
23accordance with that Section. As used in this Section, the term
24"police officers" includes full-time or part-time probationary
25police officers, permanent or part-time police officers, law

SB2834- 213 -LRB100 16078 KTG 33917 b
1enforcement officers, recruits, permanent or probationary
2county corrections officers, permanent or probationary county
3security officers, and court security officers. The term does
4not include auxiliary police officers as defined in Section
53.1-30-20 of the Illinois Municipal Code.
6(Source: P.A. 99-480, eff. 9-9-15; 99-642, eff. 7-28-16.)
7 Section 40. The Illinois Fire Protection Training Act is
8amended by changing Sections 8 and 12.5 as follows:
9 (50 ILCS 740/8) (from Ch. 85, par. 538)
10 Sec. 8. Rules and minimum standards for schools. The Office
11shall adopt rules and minimum standards for such schools which
12shall include but not be limited to the following:
13 a. Minimum courses of study, resources, facilities,
14 apparatus, equipment, reference material, established
15 records and procedures as determined by the Office.
16 b. Minimum requirements for instructors.
17 c. Minimum basic training requirements, which a
18 trainee must satisfactorily complete before being eligible
19 for permanent employment as a fire fighter in the fire
20 department of a participating local governmental agency.
21 Those requirements shall include training in first aid
22 (including cardiopulmonary resuscitation) and training in
23 the administration of opioid antagonists as defined in
24 paragraph (1) of subsection (e) of Section 5-23 of the

SB2834- 214 -LRB100 16078 KTG 33917 b
1 Substance Use Disorder Act Alcoholism and Other Drug Abuse
2 and Dependency Act.
3(Source: P.A. 99-480, eff. 9-9-15.)
4 (50 ILCS 740/12.5)
5 Sec. 12.5. In-service training; opioid antagonists. The
6Office shall distribute an in-service training program for fire
7fighters in the administration of opioid antagonists as defined
8in paragraph (1) of subsection (e) of Section 5-23 of the
9Substance Use Disorder Act Alcoholism and Other Drug Abuse and
10Dependency Act that is developed by the Department of Human
11Services in accordance with that Section. As used in this
12Section 12.5, the term "fire fighters" includes full-time or
13part-time fire fighters, but does not include auxiliary,
14reserve, or volunteer firefighters.
15(Source: P.A. 99-480, eff. 9-9-15.)
16 Section 45. The Counties Code is amended by changing
17Section 5-1103 as follows:
18 (55 ILCS 5/5-1103) (from Ch. 34, par. 5-1103)
19 Sec. 5-1103. Court services fee. A county board may enact
20by ordinance or resolution a court services fee dedicated to
21defraying court security expenses incurred by the sheriff in
22providing court services or for any other court services deemed
23necessary by the sheriff to provide for court security,

SB2834- 215 -LRB100 16078 KTG 33917 b
1including without limitation court services provided pursuant
2to Section 3-6023, as now or hereafter amended. Such fee shall
3be paid in civil cases by each party at the time of filing the
4first pleading, paper or other appearance; provided that no
5additional fee shall be required if more than one party is
6represented in a single pleading, paper or other appearance. In
7criminal, local ordinance, county ordinance, traffic and
8conservation cases, such fee shall be assessed against the
9defendant upon a plea of guilty, stipulation of facts or
10findings of guilty, resulting in a judgment of conviction, or
11order of supervision, or sentence of probation without entry of
12judgment pursuant to Section 10 of the Cannabis Control Act,
13Section 410 of the Illinois Controlled Substances Act, Section
1470 of the Methamphetamine Control and Community Protection Act,
15Section 12-4.3 or subdivision (b)(1) of Section 12-3.05 of the
16Criminal Code of 1961 or the Criminal Code of 2012, Section
1710-102 of the Illinois Alcoholism and Other Drug Dependency
18Act, Section 40-10 of the Substance Use Disorder Act,
19Alcoholism and Other Drug Abuse and Dependency Act, or Section
2010 of the Steroid Control Act. In setting such fee, the county
21board may impose, with the concurrence of the Chief Judge of
22the judicial circuit in which the county is located by
23administrative order entered by the Chief Judge, differential
24rates for the various types or categories of criminal and civil
25cases, but the maximum rate shall not exceed $25, unless the
26fee is set according to an acceptable cost study in accordance

SB2834- 216 -LRB100 16078 KTG 33917 b
1with Section 4-5001 of the Counties Code. All proceeds from
2this fee must be used to defray court security expenses
3incurred by the sheriff in providing court services. No fee
4shall be imposed or collected, however, in traffic,
5conservation, and ordinance cases in which fines are paid
6without a court appearance. The fees shall be collected in the
7manner in which all other court fees or costs are collected and
8shall be deposited into the county general fund for payment
9solely of costs incurred by the sheriff in providing court
10security or for any other court services deemed necessary by
11the sheriff to provide for court security.
12(Source: P.A. 99-265, eff. 1-1-16.)
13 Section 46. The Drug School Act is amended by changing
14Sections 10, 15, and 40 as follows:
15 (55 ILCS 130/10)
16 Sec. 10. Definition. As used in this Act, "drug school"
17means a drug intervention and education program established and
18administered by the State's Attorney's Office of a particular
19county as an alternative to traditional prosecution. A drug
20school shall include, but not be limited to, the following core
21components:
22 (1) No less than 10 and no more than 20 hours of drug
23 education delivered by an organization licensed, certified
24 or otherwise authorized by the Illinois Department of Human

SB2834- 217 -LRB100 16078 KTG 33917 b
1 Services, Division of Substance Use Prevention and
2 Recovery Alcoholism and Substance Abuse to provide
3 treatment, intervention, education or other such services.
4 This education is to be delivered at least once per week at
5 a class of no less than one hour and no greater than 4
6 hours, and with a class size no larger than 40 individuals.
7 (2) Curriculum designed to present the harmful effects
8 of drug use on the individual, family and community,
9 including the relationship between drug use and criminal
10 behavior, as well as instruction regarding the application
11 procedure for the sealing and expungement of records of
12 arrest and any other record of the proceedings of the case
13 for which the individual was mandated to attend the drug
14 school.
15 (3) Education regarding the practical consequences of
16 conviction and continued justice involvement. Such
17 consequences of drug use will include the negative
18 physiological, psychological, societal, familial, and
19 legal areas. Additionally, the practical limitations
20 imposed by a drug conviction on one's vocational,
21 educational, financial, and residential options will be
22 addressed.
23 (4) A process for monitoring and reporting attendance
24 such that the State's Attorney in the county where the drug
25 school is being operated is informed of class attendance no
26 more than 48 hours after each class.

SB2834- 218 -LRB100 16078 KTG 33917 b
1 (5) A process for capturing data on drug school
2 participants, including but not limited to total
3 individuals served, demographics of those individuals,
4 rates of attendance, and frequency of future justice
5 involvement for drug school participants and other data as
6 may be required by the Division of Substance Use Prevention
7 and Recovery Alcoholism and Substance Abuse.
8(Source: P.A. 95-160, eff. 1-1-08.)
9 (55 ILCS 130/15)
10 Sec. 15. Authorization.
11 (a) Each State's Attorney may establish a drug school
12operated under the terms of this Act. The purpose of the drug
13school shall be to provide an alternative to prosecution by
14identifying drug-involved individuals for the purpose of
15intervening with their drug use before their criminal
16involvement becomes severe. The State's Attorney shall
17identify criteria to be used in determining eligibility for the
18drug school. Only those participants who successfully complete
19the requirements of the drug school, as certified by the
20State's Attorney, are eligible to apply for the sealing and
21expungement of records of arrest and any other record of the
22proceedings of the case for which the individual was mandated
23to attend the drug school.
24 (b) A State's Attorney seeking to establish a drug school
25may apply to the Division of Substance Use Prevention and

SB2834- 219 -LRB100 16078 KTG 33917 b
1Recovery Alcoholism and Substance Abuse of the Illinois
2Department of Human Services ("DASA") for funding to establish
3and operate a drug school within his or her respective county.
4Nothing in this subsection shall prevent State's Attorneys from
5establishing drug schools within their counties without
6funding from the Division of Substance Use Prevention and
7Recovery DASA.
8 (c) Nothing in this Act shall prevent 2 or more State's
9Attorneys from applying jointly for funding as provided in
10subsection (b) for the purpose of establishing a drug school
11that serves multiple counties.
12 (d) Drug schools established through funding from the
13Division of Substance Use Prevention and Recovery DASA shall
14operate according to the guidelines established thereby and the
15provisions of this Act.
16(Source: P.A. 95-160, eff. 1-1-08.)
17 (55 ILCS 130/40)
18 Sec. 40. Appropriations to the Division of Substance Use
19Prevention and Recovery DASA.
20 (a) Moneys shall be appropriated to the Department of Human
21Services' Division of Substance Use Prevention and Recovery
22DASA to enable the Division DASA (i) to contract with Cook
23County, and (ii) counties other than Cook County to reimburse
24for services delivered in those counties under the county Drug
25School program.

SB2834- 220 -LRB100 16078 KTG 33917 b
1 (b) The Division of Substance Use Prevention and Recovery
2DASA shall establish rules and procedures for reimbursements
3paid to the Cook County Treasurer which are not subject to
4county appropriation and are not intended to supplant monies
5currently expended by Cook County to operate its drug school
6program. Cook County is required to maintain its efforts with
7regard to its drug school program.
8 (c) Expenditure of moneys under this Section is subject to
9audit by the Auditor General.
10 (d) In addition to reporting required by the Division of
11Substance Use Prevention and Recovery DASA, State's Attorneys
12receiving monies under this Section shall each report
13separately to the General Assembly by January 1, 2008 and each
14and every following January 1 for as long as the services are
15in existence, detailing the need for continued services and
16contain any suggestions for changes to this Act.
17(Source: P.A. 95-160, eff. 1-1-08.)
18 Section 50. The Township Code is amended by changing
19Sections 30-145 and 190-10 as follows:
20 (60 ILCS 1/30-145)
21 Sec. 30-145. Mental health services. If a township is not
22included in a mental health district organized under the
23Community Mental Health Act, the electors may authorize the
24board of trustees to provide mental health services (including

SB2834- 221 -LRB100 16078 KTG 33917 b
1services for the alcoholic and the drug addicted, and for
2persons with intellectual disabilities) for residents of the
3township by disbursing existing funds if available by
4contracting with mental health agencies approved by the
5Department of Human Services, alcoholism treatment programs
6licensed by the Department of Public Health, and treatment drug
7abuse facilities and other services for substance use disorders
8alcohol and drug abuse services approved by the Department of
9Human Services. To be eligible to receive township funds, an
10agency, program, facility, or other service provider must have
11been in existence for more than one year and must serve the
12township area.
13(Source: P.A. 99-143, eff. 7-27-15.)
14 (60 ILCS 1/190-10)
15 Sec. 190-10. Mental health services. If a township is not
16included in a mental health district organized under the
17Community Mental Health Act, the township board may provide
18mental health services (including services for the alcoholic
19and the drug addicted, and for persons with intellectual
20disabilities) for residents of the township by disbursing
21funds, pursuant to an appropriation, to mental health agencies
22approved by the Department of Human Services, alcoholism
23treatment programs licensed by the Department of Public Health,
24drug abuse facilities approved by the Department of Human
25Services, and other services for substance use disorders

SB2834- 222 -LRB100 16078 KTG 33917 b
1alcoholism and drug abuse services approved by the Department
2of Human Services. To be eligible for township funds disbursed
3under this Section, an agency, program, facility, or other
4service provider must have been in existence for more than one
5year and serve the township area.
6(Source: P.A. 99-143, eff. 7-27-15.)
7 Section 55. The School Code is amended by changing Section
822-30 as follows:
9 (105 ILCS 5/22-30)
10 Sec. 22-30. Self-administration and self-carry of asthma
11medication and epinephrine auto-injectors; administration of
12undesignated epinephrine auto-injectors; administration of an
13opioid antagonist; asthma episode emergency response protocol.
14 (a) For the purpose of this Section only, the following
15terms shall have the meanings set forth below:
16 "Asthma action plan" means a written plan developed with a
17pupil's medical provider to help control the pupil's asthma.
18The goal of an asthma action plan is to reduce or prevent
19flare-ups and emergency department visits through day-to-day
20management and to serve as a student-specific document to be
21referenced in the event of an asthma episode.
22 "Asthma episode emergency response protocol" means a
23procedure to provide assistance to a pupil experiencing
24symptoms of wheezing, coughing, shortness of breath, chest

SB2834- 223 -LRB100 16078 KTG 33917 b
1tightness, or breathing difficulty.
2 "Asthma inhaler" means a quick reliever asthma inhaler.
3 "Epinephrine auto-injector" means a single-use device used
4for the automatic injection of a pre-measured dose of
5epinephrine into the human body.
6 "Asthma medication" means a medicine, prescribed by (i) a
7physician licensed to practice medicine in all its branches,
8(ii) a licensed physician assistant with prescriptive
9authority, or (iii) a licensed advanced practice registered
10nurse with prescriptive authority for a pupil that pertains to
11the pupil's asthma and that has an individual prescription
12label.
13 "Opioid antagonist" means a drug that binds to opioid
14receptors and blocks or inhibits the effect of opioids acting
15on those receptors, including, but not limited to, naloxone
16hydrochloride or any other similarly acting drug approved by
17the U.S. Food and Drug Administration.
18 "School nurse" means a registered nurse working in a school
19with or without licensure endorsed in school nursing.
20 "Self-administration" means a pupil's discretionary use of
21his or her prescribed asthma medication or epinephrine
22auto-injector.
23 "Self-carry" means a pupil's ability to carry his or her
24prescribed asthma medication or epinephrine auto-injector.
25 "Standing protocol" may be issued by (i) a physician
26licensed to practice medicine in all its branches, (ii) a

SB2834- 224 -LRB100 16078 KTG 33917 b
1licensed physician assistant with prescriptive authority, or
2(iii) a licensed advanced practice registered nurse with
3prescriptive authority.
4 "Trained personnel" means any school employee or volunteer
5personnel authorized in Sections 10-22.34, 10-22.34a, and
610-22.34b of this Code who has completed training under
7subsection (g) of this Section to recognize and respond to
8anaphylaxis.
9 "Undesignated epinephrine auto-injector" means an
10epinephrine auto-injector prescribed in the name of a school
11district, public school, or nonpublic school.
12 (b) A school, whether public or nonpublic, must permit the
13self-administration and self-carry of asthma medication by a
14pupil with asthma or the self-administration and self-carry of
15an epinephrine auto-injector by a pupil, provided that:
16 (1) the parents or guardians of the pupil provide to
17 the school (i) written authorization from the parents or
18 guardians for (A) the self-administration and self-carry
19 of asthma medication or (B) the self-carry of asthma
20 medication or (ii) for (A) the self-administration and
21 self-carry of an epinephrine auto-injector or (B) the
22 self-carry of an epinephrine auto-injector, wr