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


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

Spectrum: Partisan Bill (Republican 2-0)

Status: (Engrossed) 2018-04-27 - Referred to Rules Committee [SB2834 Detail]

Download: Illinois-2017-SB2834-Engrossed.html



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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. to empower individuals and communities through local
16prevention efforts and to provide intervention, treatment,
17rehabilitation and other services to those who misuse alcohol
18or other drugs (and, when appropriate, the families of those
19persons) to lead healthy and drug-free lives and become
20productive citizens in the community.
21 The human, social, and economic benefits of preventing
22substance use disorders alcohol and other drug abuse and
23dependence are great, and it is imperative that there be
24interagency cooperation in the planning and delivery of
25prevention, early intervention, treatment, and other recovery
26support services in Illinois. alcohol and other drug abuse

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1prevention, intervention, and treatment efforts in Illinois.
2 The provisions of this Act shall be liberally construed to
3enable the Department to carry out these objectives and
4purposes.
5(Source: P.A. 88-80.)
6 (20 ILCS 301/1-10)
7 Sec. 1-10. Definitions. As used in this Act, unless the
8context clearly indicates otherwise, the following words and
9terms have the following meanings:
10 "Case management" means a coordinated approach to the
11delivery of health and medical treatment, substance use
12disorder treatment, mental health treatment, and social
13services, linking patients with appropriate services to
14address specific needs and achieve stated goals. In general,
15case management assists patients with other disorders and
16conditions that require multiple services over extended
17periods of time and who face difficulty in gaining access to
18those 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 "Designated program" means a category of service
5authorized by an intervention license issued by the Department
6for delivery of all services as described in Article 40 in this
7Act.
8 "Early intervention" means services, authorized by a
9treatment license, that are sub-clinical and pre-diagnostic
10and that are designed to screen, identify, and address risk
11factors that may be related to problems associated with
12substance use disorders and to assist individuals in
13recognizing harmful consequences. Early intervention services
14facilitate emotional and social stability and involves
15referrals for treatment, as needed.
16 "Facility" means the building or premises are used for the
17provision of licensable services, including support services,
18as set forth by rule.
19 "Gambling disorder" means persistent and recurring
20maladaptive gambling behavior that disrupts personal, family,
21or vocational pursuits.
22 "Holds itself out" means any activity that would lead one
23to reasonably conclude that the individual or entity provides
24or intends to provide licensable substance-related disorder
25intervention or treatment services. Such activities include,
26but are not limited to, advertisements, notices, statements, or

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1contractual arrangements with managed care organizations,
2private health insurance, or employee assistance programs to
3provide services that require a license as specified in Article
415.
5 "Informed consent" means legally valid written consent,
6given by a client, patient, or legal guardian, that authorizes
7intervention or treatment services from a licensed
8organization and that documents agreement to participate in
9those services and knowledge of the consequences of withdrawal
10from such services. Informed consent also acknowledges the
11client's or patient's right to a conflict-free choice of
12services from any licensed organization and the potential risks
13and benefits of selected services.
14 "Intoxicated person" means a person whose mental or
15physical functioning is substantially impaired as a result of
16the current effects of alcohol or other drugs within the body.
17 "Medication assisted treatment" means the prescription of
18medications that are approved by the U.S. Food and Drug
19Administration and the Center for Substance Abuse Treatment to
20assist with treatment for a substance use disorder and to
21support recovery for individuals receiving services in a
22facility licensed by the Department. Medication assisted
23treatment includes opioid treatment services as authorized by a
24Department license.
25 "Off-site services" means licensable services are
26conducted at a location separate from the licensed location of

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1the provider, and services are operated by an entity licensed
2under this Act and approved in advance by the Department.
3 "Person" means any individual, firm, group, association,
4partnership, corporation, trust, government or governmental
5subdivision or agency.
6 "Prevention" means an interactive process of individuals,
7families, schools, religious organizations, communities and
8regional, state and national organizations whose goals are to
9reduce the prevalence of substance use disorders, prevent the
10use of illegal drugs and the abuse of legal drugs by persons of
11all ages, prevent the use of alcohol by minors, build the
12capacities of individuals and systems, and promote healthy
13environments, lifestyles, and behaviors.
14 "Recovery" means a process of change through which
15individuals improve their health and wellness, live a
16self-directed life, and reach their full potential.
17 "Recovery support" means services designed to support
18individual recovery from a substance use disorder that may be
19delivered pre-treatment, during treatment, or post treatment.
20These services may be delivered in a wide variety of settings
21for the purpose of supporting the individual in meeting his or
22her recovery support goals.
23 "Secretary" means the Secretary of the Department of Human
24Services or his or her designee.
25 "Substance use disorder" means a spectrum of persistent and
26recurring problematic behavior that encompasses 10 separate

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1classes of drugs: alcohol; caffeine; cannabis; hallucinogens;
2inhalants; opioids; sedatives, hypnotics and anxiolytics;
3stimulants; and tobacco; and other unknown substances leading
4to clinically significant impairment or distress.
5 "Treatment" means the broad range of emergency,
6outpatient, and residential care (including assessment,
7diagnosis, case management, treatment, and recovery support
8planning) may be extended to individuals with substance use
9disorders or to the families of those persons.
10 "Withdrawal management" means services designed to manage
11intoxication or withdrawal episodes (previously referred to as
12detoxification), interrupt the momentum of habitual,
13compulsive substance use and begin the initial engagement in
14medically necessary substance use disorder treatment.
15Withdrawal management allows patients to safely withdraw from
16substances in a controlled medically-structured environment.
17 "Act" means the Alcoholism and Other Drug Abuse and
18Dependency Act.
19 "Addict" means a person who exhibits the disease known as
20"addiction".
21 "Addiction" means a disease process characterized by the
22continued use of a specific psycho-active substance despite
23physical, psychological or social harm. The term also describes
24the advanced stages of chemical dependency.
25 "Administrator" means a person responsible for
26administration of a program.

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

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

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

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

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

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

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

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

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17-1-97.)
2 (20 ILCS 301/5-10)
3 (Text of Section before amendment by P.A. 100-494)
4 Sec. 5-10. Functions of the Department.
5 (a) In addition to the powers, duties and functions vested
6in the Department by this Act, or by other laws of this State,
7the Department shall carry out the following activities:
8 (1) Design, coordinate and fund a comprehensive and
9 coordinated community-based and culturally and
10 gender-appropriate array of services throughout the State
11 for the prevention, intervention, treatment and
12 rehabilitation of alcohol and other drug abuse and
13 dependency that is accessible and addresses the needs of
14 at-risk or addicted individuals and their families.
15 (2) Act as the exclusive State agency to accept,
16 receive and expend, pursuant to appropriation, any public
17 or private monies, grants or services, including those
18 received from the federal government or from other State
19 agencies, for the purpose of providing an array of services
20 for the prevention, intervention, treatment and
21 rehabilitation of alcoholism or other drug abuse or
22 dependency. Monies received by the Department shall be
23 deposited into appropriate funds as may be created by State
24 law or administrative action.
25 (3) Coordinate a statewide strategy among State

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

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

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

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

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

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

SB2834 Engrossed- 23 -LRB100 16078 KTG 33917 b
1 Section 40-5 of this Act, and assist in the placement of
2 individuals who are under court order to participate in
3 treatment.
4 (10) Designate medical examination and other programs
5 for determining alcoholism and other drug abuse and
6 dependency.
7 (11) Encourage service providers who receive financial
8 assistance in any form from the State to assess and collect
9 fees for services rendered.
10 (12) Make grants with funds appropriated from the Drug
11 Treatment Fund in accordance with Section 7 of the
12 Controlled Substance and Cannabis Nuisance Act, or in
13 accordance with Section 80 of the Methamphetamine Control
14 and Community Protection Act, or in accordance with
15 subsections (h) and (i) of Section 411.2 of the Illinois
16 Controlled Substances Act.
17 (13) Encourage all health and disability insurance
18 programs to include alcoholism and other drug abuse and
19 dependency as a covered illness.
20 (14) Make such agreements, grants-in-aid and
21 purchase-care arrangements with any other department,
22 authority or commission of this State, or any other state
23 or the federal government or with any public or private
24 agency, including the disbursement of funds and furnishing
25 of staff, to effectuate the purposes of this Act.
26 (15) Conduct a public information campaign to inform

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

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

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

SB2834 Engrossed- 27 -LRB100 16078 KTG 33917 b
1 addicted women.
2 (E) Information concerning referral of addicted
3 pregnant women, addicted mothers and their children by
4 medical, social service, and substance abuse treatment
5 providers, by the Departments of Children and Family
6 Services, Public Aid, Public Health, and Human
7 Services.
8 (F) Effects of substance abuse on infants and
9 guidelines on the symptoms, care, and comfort of
10 drug-withdrawing infants.
11 (G) Responsibilities of the Illinois Department of
12 Public Health to maintain statistics on the number of
13 children in Illinois addicted at birth.
14 (10) To the extent permitted by federal law or
15 regulation, establish and maintain a clearinghouse and
16 central repository for the development and maintenance of a
17 centralized data collection and dissemination system and a
18 management information system for all alcoholism and other
19 drug abuse prevention, early intervention and treatment
20 services.
21 (11) Fund, promote or assist 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 Engrossed- 28 -LRB100 16078 KTG 33917 b
1 subcontract, to assist in underwriting the costs of housing
2 in which individuals recovering from alcohol or other drug
3 abuse or dependency may reside in groups of not less than 6
4 persons, pursuant to Section 50-40 of this Act.
5 (13) Promulgate such regulations as may be necessary
6 for the administration of grants or to otherwise carry out
7 the purposes and enforce the provisions of this Act.
8 (14) Fund programs to help parents be effective in
9 preventing substance abuse by building an awareness of
10 drugs and alcohol and the family's role in preventing abuse
11 through adjusting expectations, developing new skills, and
12 setting positive family goals. The programs shall include,
13 but not be limited to, the following subjects: healthy
14 family communication; establishing rules and limits; how
15 to reduce family conflict; how to build self-esteem,
16 competency, and responsibility in children; how to improve
17 motivation and achievement; effective discipline; problem
18 solving techniques; and how to talk about drugs and
19 alcohol. The programs shall be open to all parents.
20(Source: P.A. 94-556, eff. 9-11-05; 95-331, eff. 8-21-07.)
21 (Text of Section after amendment by P.A. 100-494)
22 Sec. 5-10. Functions of the Department.
23 (a) In addition to the powers, duties and functions vested
24in the Department by this Act, or by other laws of this State,
25the Department shall carry out the following activities:

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

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

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

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

SB2834 Engrossed- 33 -LRB100 16078 KTG 33917 b
1 and recovery support for substance use disorders.
2 intervention, treatment or rehabilitation of alcoholism
3 and other drug abuse and dependency. This shall include,
4 but shall not be limited to, the following:
5 (A) Cooperate with and assist other State
6 agencies, as applicable, in establishing and
7 conducting substance use disorder services among the
8 populations they respectively serve. 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 are high risk due to
20 intravenous injection of illegal drugs, or who may have
21 been sexual partners of these individuals, or who may
22 have impaired immune systems as a result of a substance
23 use disorder. may abuse drugs by intravenous
24 injection, or may have been sexual partners of drug
25 abusers, or may have abused substances so that their
26 immune systems are impaired, causing them to be at high

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

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

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

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

SB2834 Engrossed- 38 -LRB100 16078 KTG 33917 b
1 and collect fees for services rendered.
2 (12) Make grants with funds appropriated from the Drug
3 Treatment Fund in accordance with Section 7 of the
4 Controlled Substance and Cannabis Nuisance Act, or in
5 accordance with Section 80 of the Methamphetamine Control
6 and Community Protection Act, or in accordance with
7 subsections (h) and (i) of Section 411.2 of the Illinois
8 Controlled Substances Act.
9 (13) Encourage all health and disability insurance
10 programs to include substance use disorder treatment as a
11 covered service and to use evidence-based best practice
12 criteria as maintained in administrative rule and as
13 required in Public Act 99-0480 in determining the necessity
14 for such services and continued stay. alcoholism and other
15 drug abuse and dependency as a covered illness.
16 (14) Award grants and enter into fixed-rate and
17 fee-for-service Make such agreements, grants-in-aid and
18 purchase-care arrangements with any other department,
19 authority or commission of this State, or any other state
20 or the federal government or with any public or private
21 agency, including the disbursement of funds and furnishing
22 of staff, to effectuate the purposes of this Act.
23 (15) Conduct a public information campaign to inform
24 the State's Hispanic residents regarding the prevention
25 and treatment of substance use disorders. alcoholism.
26 (b) In addition to the powers, duties and functions vested

SB2834 Engrossed- 39 -LRB100 16078 KTG 33917 b
1in it by this Act, or by other laws of this State, the
2Department may undertake, but shall not be limited to, the
3following activities:
4 (1) Require all organizations licensed or programs
5 funded by the Department to include an education component
6 to inform participants regarding the causes and means of
7 transmission and methods of reducing the risk of acquiring
8 or transmitting HIV infection and other infectious
9 diseases, and to include funding for such education
10 component in its support of the program.
11 (2) Review all State agency applications for federal
12 funds that which include provisions relating to the
13 prevention, early intervention and treatment of substance
14 use disorders in order to ensure consistency. alcoholism
15 and other drug abuse and dependency in order to ensure
16 consistency with the comprehensive statewide plan
17 developed pursuant 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 substance use disorders.
21 alcoholism and other drug abuse and dependency. Such
22 materials may deal with the educational needs of the
23 citizens of Illinois, and may include at least pamphlets
24 that which describe the causes and effects of fetal alcohol
25 spectrum disorders. fetal alcohol syndrome, which the
26 Department may distribute free of charge to each county

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

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

SB2834 Engrossed- 42 -LRB100 16078 KTG 33917 b
1 (D) Summary of procedures utilized in juvenile
2 court in cases of children alleged or found to be
3 abused or neglected as a result of being born to
4 addicted women.
5 (E) Information concerning referral of addicted
6 pregnant women, addicted mothers and their children by
7 medical, social service, and substance abuse treatment
8 providers, by the Departments of Children and Family
9 Services, Public Aid, Public Health, and Human
10 Services.
11 (F) Effects of substance abuse on infants and
12 guidelines on the symptoms, care, and comfort of
13 drug-withdrawing infants.
14 (G) Responsibilities of the Illinois Department of
15 Public Health to maintain statistics on the number of
16 children in Illinois addicted at birth.
17 (10) (Blank). To the extent permitted by federal law or
18 regulation, establish and maintain a clearinghouse and
19 central repository for the development and maintenance of a
20 centralized data collection and dissemination system and a
21 management information system for all alcoholism and other
22 drug abuse prevention, early intervention and treatment
23 services.
24 (11) Fund, promote, or assist entities dealing with
25 substance use disorders. programs, services,
26 demonstrations or research dealing with addictive or

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

SB2834 Engrossed- 44 -LRB100 16078 KTG 33917 b
1 (20 ILCS 301/5-20)
2 Sec. 5-20. Gambling disorders. Compulsive gambling
3program.
4 (a) Subject to appropriation, the Department shall
5establish a program for public education, research, and
6training regarding problem and compulsive gambling disorders
7and the treatment and prevention of gambling disorders. problem
8and compulsive gambling. Subject to specific appropriation for
9these stated purposes, the program must include all of the
10following:
11 (1) Establishment and maintenance of a toll-free "800"
12 telephone number to provide crisis counseling and referral
13 services to families experiencing difficulty as a result of
14 gambling disorders. problem or compulsive gambling.
15 (2) Promotion of public awareness regarding the
16 recognition and prevention of gambling disorders. problem
17 and compulsive gambling.
18 (3) Facilitation, through in-service training and
19 other means, of the availability of effective assistance
20 programs for gambling disorders. problem and compulsive
21 gamblers.
22 (4) Conducting studies to identify adults and
23 juveniles in this State who have, are, or who are at risk
24 of developing, gambling disorders. becoming, problem or
25 compulsive gamblers.

SB2834 Engrossed- 45 -LRB100 16078 KTG 33917 b
1 (b) Subject to appropriation, the Department shall either
2establish and maintain the program or contract with a private
3or public entity for the establishment and maintenance of the
4program. Subject to appropriation, either the Department or the
5private or public entity shall implement the toll-free
6telephone number, promote public awareness, and conduct
7in-service training concerning gambling disorders. problem and
8compulsive gambling.
9 (c) Subject to appropriation, the Department shall produce
10and supply the signs specified in Section 10.7 of the Illinois
11Lottery Law, Section 34.1 of the Illinois Horse Racing Act of
121975, Section 4.3 of the Bingo License and Tax Act, Section 8.1
13of the Charitable Games Act, and Section 13.1 of the Riverboat
14Gambling Act.
15(Source: P.A. 89-374, eff. 1-1-96; 89-626, eff. 8-9-96.)
16 (20 ILCS 301/5-23)
17 Sec. 5-23. Drug Overdose Prevention Program.
18 (a) Reports of drug overdose.
19 (1) The Department may Director of the Division of
20 Alcoholism and Substance Abuse shall publish annually a
21 report on drug overdose trends statewide that reviews State
22 death rates from available data to ascertain changes in the
23 causes or rates of fatal and nonfatal drug overdose. The
24 report shall also provide information on interventions
25 that would be effective in reducing the rate of fatal or

SB2834 Engrossed- 46 -LRB100 16078 KTG 33917 b
1 nonfatal drug overdose and shall include an analysis of
2 drug overdose information reported to the Department of
3 Public Health pursuant to subsection (e) of Section 3-3013
4 of the Counties Code, Section 6.14g of the Hospital
5 Licensing Act, and subsection (j) of Section 22-30 of the
6 School Code.
7 (2) The report may include:
8 (A) Trends in drug overdose death rates.
9 (B) Trends in emergency room utilization related
10 to drug overdose and the cost impact of emergency room
11 utilization.
12 (C) Trends in utilization of pre-hospital and
13 emergency services and the cost impact of emergency
14 services utilization.
15 (D) Suggested improvements in data collection.
16 (E) A description of other interventions effective
17 in reducing the rate of fatal or nonfatal drug
18 overdose.
19 (F) A description of efforts undertaken to educate
20 the public about unused medication and about how to
21 properly dispose of unused medication, including the
22 number of registered collection receptacles in this
23 State, mail-back programs, and drug take-back events.
24 (b) Programs; drug overdose prevention.
25 (1) The Department Director may establish a program to
26 provide for the production and publication, in electronic

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

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1 and who has received basic instruction on how to administer
2 an opioid antagonist.
3 (2) The Department Director may provide advice to State
4 and local officials on the growing drug overdose crisis,
5 including the prevalence of drug overdose incidents,
6 programs promoting the disposal of unused prescription
7 drugs, trends in drug overdose incidents, and solutions to
8 the drug overdose crisis.
9 (c) Grants.
10 (1) The Department Director may award grants, in
11 accordance with this subsection, to create or support local
12 drug overdose prevention, recognition, and response
13 projects. Local health departments, correctional
14 institutions, hospitals, universities, community-based
15 organizations, and faith-based organizations may apply to
16 the Department for a grant under this subsection at the
17 time and in the manner the Department Director prescribes.
18 (2) In awarding grants, the Department Director shall
19 consider the necessity for overdose prevention projects in
20 various settings and shall encourage all grant applicants
21 to develop interventions that will be effective and viable
22 in their local areas.
23 (3) The Department Director shall give preference for
24 grants to proposals that, in addition to providing
25 life-saving interventions and responses, provide
26 information to drug users on how to access substance use

SB2834 Engrossed- 49 -LRB100 16078 KTG 33917 b
1 disorder drug treatment or other strategies for abstaining
2 from illegal drugs. The Department Director shall give
3 preference to proposals that include one or more of the
4 following elements:
5 (A) Policies and projects to encourage persons,
6 including drug users, to call 911 when they witness a
7 potentially fatal drug overdose.
8 (B) Drug overdose prevention, recognition, and
9 response education projects in drug treatment centers,
10 outreach programs, and other organizations that work
11 with, or have access to, drug users and their families
12 and communities.
13 (C) Drug overdose recognition and response
14 training, including rescue breathing, in drug
15 treatment centers and for other organizations that
16 work with, or have access to, drug users and their
17 families and communities.
18 (D) The production and distribution of targeted or
19 mass media materials on drug overdose prevention and
20 response, the potential dangers of keeping unused
21 prescription drugs in the home, and methods to properly
22 dispose of unused prescription drugs.
23 (E) Prescription and distribution of opioid
24 antagonists.
25 (F) The institution of education and training
26 projects on drug overdose response and treatment for

SB2834 Engrossed- 50 -LRB100 16078 KTG 33917 b
1 emergency services and law enforcement personnel.
2 (G) A system of parent, family, and survivor
3 education and mutual support groups.
4 (4) In addition to moneys appropriated by the General
5 Assembly, the Department Director may seek grants from
6 private foundations, the federal government, and other
7 sources to fund the grants under this Section and to fund
8 an evaluation of the programs supported by the grants.
9 (d) Health care professional prescription of opioid
10antagonists.
11 (1) A health care professional who, acting in good
12 faith, directly or by standing order, prescribes or
13 dispenses an opioid antagonist to: (a) a patient who, in
14 the judgment of the health care professional, is capable of
15 administering the drug in an emergency, or (b) a person who
16 is not at risk of opioid overdose but who, in the judgment
17 of the health care professional, may be in a position to
18 assist another individual during an opioid-related drug
19 overdose and who has received basic instruction on how to
20 administer an opioid antagonist shall not, as a result of
21 his or her acts or omissions, be subject to: (i) any
22 disciplinary or other adverse action under the Medical
23 Practice Act of 1987, the Physician Assistant Practice Act
24 of 1987, the Nurse Practice Act, the Pharmacy Practice Act,
25 or any other professional licensing statute or (ii) any
26 criminal liability, except for willful and wanton

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1 misconduct.
2 (2) A person who is not otherwise licensed to
3 administer an opioid antagonist may in an emergency
4 administer without fee an opioid antagonist if the person
5 has received the patient information specified in
6 paragraph (4) of this subsection and believes in good faith
7 that another person is experiencing a drug overdose. The
8 person shall not, as a result of his or her acts or
9 omissions, be (i) liable for any violation of the Medical
10 Practice Act of 1987, the Physician Assistant Practice Act
11 of 1987, the Nurse Practice Act, the Pharmacy Practice Act,
12 or any other professional licensing statute, or (ii)
13 subject to any criminal prosecution or civil liability,
14 except for willful and wanton misconduct.
15 (3) A health care professional prescribing an opioid
16 antagonist to a patient shall ensure that the patient
17 receives the patient information specified in paragraph
18 (4) of this subsection. Patient information may be provided
19 by the health care professional or a community-based
20 organization, substance use disorder substance abuse
21 program, or other organization with which the health care
22 professional establishes a written agreement that includes
23 a description of how the organization will provide patient
24 information, how employees or volunteers providing
25 information will be trained, and standards for documenting
26 the provision of patient information to patients.

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1 Provision of patient information shall be documented in the
2 patient's medical record or through similar means as
3 determined by agreement between the health care
4 professional and the organization. The Department,
5 Director of the Division of Alcoholism and Substance Abuse,
6 in consultation with statewide organizations representing
7 physicians, pharmacists, advanced practice registered
8 nurses, physician assistants, substance use disorder
9 substance abuse programs, and other interested groups,
10 shall develop and disseminate to health care
11 professionals, community-based organizations, substance
12 use disorder substance abuse programs, and other
13 organizations training materials in video, electronic, or
14 other formats to facilitate the provision of such patient
15 information.
16 (4) For the purposes of this subsection:
17 "Opioid antagonist" means a drug that binds to opioid
18 receptors and blocks or inhibits the effect of opioids
19 acting on those receptors, including, but not limited to,
20 naloxone hydrochloride or any other similarly acting drug
21 approved by the U.S. Food and Drug Administration.
22 "Health care professional" means a physician licensed
23 to practice medicine in all its branches, a licensed
24 physician assistant with prescriptive authority, a
25 licensed advanced practice registered nurse with
26 prescriptive authority, an advanced practice registered

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

SB2834 Engrossed- 54 -LRB100 16078 KTG 33917 b
1 control the acquisition, storage, transportation, and
2 administration of such opioid antagonists and to provide
3 training in the administration of opioid antagonists. A
4 State or local government agency that employs a fireman as
5 defined in the Line of Duty Compensation Act but does not
6 respond to emergency medical calls or provide medical
7 services shall be exempt from this subsection.
8 (2) Every publicly or privately owned ambulance,
9 special emergency medical services vehicle, non-transport
10 vehicle, or ambulance assist vehicle, as described in the
11 Emergency Medical Services (EMS) Systems Act, that which
12 responds to requests for emergency services or transports
13 patients between hospitals in emergency situations must
14 possess opioid antagonists.
15 (3) Entities that are required under paragraphs (1) and
16 (2) to possess opioid antagonists may also apply to the
17 Department for a grant to fund the acquisition of opioid
18 antagonists and training programs on the administration of
19 opioid antagonists.
20(Source: P.A. 99-173, eff. 7-29-15; 99-480, eff. 9-9-15;
2199-581, eff. 1-1-17; 99-642, eff. 7-28-16; 100-201, eff.
228-18-17; 100-513, eff. 1-1-18.)
23 (20 ILCS 301/10-5)
24 Sec. 10-5. Illinois Advisory Council established. There is
25established the Illinois Advisory Council on Substance Use

SB2834 Engrossed- 55 -LRB100 16078 KTG 33917 b
1Disorders. Alcoholism and Other Drug Dependency. The members of
2the Council shall receive no compensation for their service but
3shall be reimbursed for all expenses actually and necessarily
4incurred by them in the performance of their duties under this
5Act, and within the amounts made available to them by the
6Department. The Council shall annually elect a presiding
7officer from among its membership. The Council shall meet
8quarterly or at the call of the Department, or at the call of
9its presiding officer, or upon the request of a majority of its
10members. The Department shall provide space and clerical and
11consulting services to the Council.
12(Source: P.A. 94-1033, eff. 7-1-07.)
13 (20 ILCS 301/10-10)
14 Sec. 10-10. Powers and duties of the Council. The Council
15shall:
16 (a) Advise the Department on ways to encourage public
17 understanding and support of the Department's programs.
18 (b) Advise the Department on regulations and licensure
19 proposed by the Department.
20 (c) Advise the Department in the formulation,
21 preparation, and implementation of the annual plan
22 submitted with the federal Substance Use Disorder Block
23 Grant application for prevention, early intervention,
24 treatment, and other recovery support services for
25 substance use disorders. comprehensive State plan for

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

SB2834 Engrossed- 57 -LRB100 16078 KTG 33917 b
1 (f) Perform other duties as requested by the Secretary.
2 (g) Advise the Department in the planning,
3 development, and coordination of programs among all
4 agencies and departments of State government, including
5 programs to reduce substance use disorders, alcoholism and
6 drug addiction, prevent the misuse of illegal and legal
7 drugs use of illegal drugs and abuse of legal drugs by
8 persons of all ages, and prevent the use of alcohol by
9 minors.
10 (h) Promote and encourage participation by the private
11 sector, including business, industry, labor, and the
12 media, in programs to prevent substance use disorders.
13 alcoholism and other drug abuse and dependency.
14 (i) Encourage the implementation of programs to
15 prevent substance use disorders alcoholism and other drug
16 abuse and dependency in the public and private schools and
17 educational institutions. , including establishment of
18 alcoholism and other drug abuse and dependency programs.
19 (j) Gather information, conduct hearings, and make
20 recommendations to the Secretary concerning additions,
21 deletions, or rescheduling of substances under the
22 Illinois Controlled Substances Act.
23 (k) Report as requested annually to the General
24 Assembly regarding the activities and recommendations made
25 by the Council.
26 With the advice and consent of the Secretary, the presiding

SB2834 Engrossed- 58 -LRB100 16078 KTG 33917 b
1officer shall annually appoint a Special Committee on
2Licensure, which shall advise the Secretary on particular cases
3on which the Department intends to take action that is adverse
4to an applicant or license holder, and shall review an annual
5report submitted by the Secretary summarizing all licensure
6sanctions imposed by the Department.
7(Source: P.A. 94-1033, eff. 7-1-07.)
8 (20 ILCS 301/10-15)
9 Sec. 10-15. Qualification and appointment of members. The
10membership of the Illinois Advisory Council may, as needed,
11shall consist of:
12 (a) A State's Attorney designated by the President of
13 the Illinois State's Attorneys Association.
14 (b) A judge designated by the Chief Justice of the
15 Illinois Supreme Court.
16 (c) A Public Defender appointed by the President of the
17 Illinois Public Defender Association.
18 (d) A local law enforcement officer appointed by the
19 Governor.
20 (e) A labor representative appointed by the Governor.
21 (f) An educator appointed by the Governor.
22 (g) A physician licensed to practice medicine in all
23 its branches appointed by the Governor with due regard for
24 the appointee's knowledge of the field of substance use
25 disorders. alcoholism and other drug abuse and dependency.

SB2834 Engrossed- 59 -LRB100 16078 KTG 33917 b
1 (h) 4 members of the Illinois House of Representatives,
2 2 each appointed by the Speaker and Minority Leader.
3 (i) 4 members of the Illinois Senate, 2 each appointed
4 by the President and Minority Leader.
5 (j) The Chief Executive Officer of the Illinois
6 Association for Behavioral Health or his or her designee.
7 President of the Illinois Alcoholism and Drug Dependence
8 Association.
9 (k) An advocate for the needs of youth appointed by the
10 Governor.
11 (l) The President of the Illinois State Medical Society
12 or his or her designee.
13 (m) The President of the Illinois Hospital Association
14 or his or her designee.
15 (n) The President of the Illinois Nurses Association or
16 a registered nurse designated by the President.
17 (o) The President of the Illinois Pharmacists
18 Association or a licensed pharmacist designated by the
19 President.
20 (p) The President of the Illinois Chapter of the
21 Association of Labor-Management Administrators and
22 Consultants on Alcoholism.
23 (p-1) The Chief Executive Officer President of the
24 Community Behavioral Healthcare Association of Illinois or
25 his or her designee.
26 (q) The Attorney General or his or her designee.

SB2834 Engrossed- 60 -LRB100 16078 KTG 33917 b
1 (r) The State Comptroller or his or her designee.
2 (s) 20 public members, 8 appointed by the Governor, 3
3 of whom shall be representatives of substance use disorder
4 alcoholism or other drug abuse and dependency treatment
5 programs and one of whom shall be a representative of a
6 manufacturer or importing distributor of alcoholic liquor
7 licensed by the State of Illinois, and 3 public members
8 appointed by each of the President and Minority Leader of
9 the Senate and the Speaker and Minority Leader of the
10 House.
11 (t) The Director, Secretary, or other chief
12 administrative officer, ex officio, or his or her designee,
13 of each of the following: the Department on Aging, the
14 Department of Children and Family Services, the Department
15 of Corrections, the Department of Juvenile Justice, the
16 Department of Healthcare and Family Services, the
17 Department of Revenue, the Department of Public Health, the
18 Department of Financial and Professional Regulation, the
19 Department of State Police, the Administrative Office of
20 the Illinois Courts, the Criminal Justice Information
21 Authority, and the Department of Transportation.
22 (u) Each of the following, ex officio, or his or her
23 designee: the Secretary of State, the State Superintendent
24 of Education, and the Chairman of the Board of Higher
25 Education.
26 The public members may not be officers or employees of the

SB2834 Engrossed- 61 -LRB100 16078 KTG 33917 b
1executive branch of State government; however, the public
2members may be officers or employees of a State college or
3university or of any law enforcement agency. In appointing
4members, due consideration shall be given to the experience of
5appointees in the fields of medicine, law, prevention,
6correctional activities, and social welfare. Vacancies in the
7public membership shall be filled for the unexpired term by
8appointment in like manner as for original appointments, and
9the appointive members shall serve until their successors are
10appointed and have qualified. Vacancies among the public
11members appointed by the legislative leaders shall be filled by
12the leader of the same house and of the same political party as
13the leader who originally appointed the member.
14 Each non-appointive member may designate a representative
15to serve in his place by written notice to the Department. All
16General Assembly members shall serve until their respective
17successors are appointed or until termination of their
18legislative service, whichever occurs first. The terms of
19office for each of the members appointed by the Governor shall
20be for 3 years, except that of the members first appointed, 3
21shall be appointed for a term of one year, and 4 shall be
22appointed for a term of 2 years. The terms of office of each of
23the public members appointed by the legislative leaders shall
24be for 2 years.
25(Source: P.A. 100-201, eff. 8-18-17.)

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1 (20 ILCS 301/10-35)
2 Sec. 10-35. Committees Other committees of the Illinois
3Advisory Council. The Illinois Advisory Council may, in its
4operating policies and procedures, provide for the creation of
5such other Committees as it deems necessary to carry out its
6duties.
7(Source: P.A. 88-80.)
8 (20 ILCS 301/15-5)
9 Sec. 15-5. Applicability.
10 (a) It is unlawful for any person to provide treatment for
11substance use disorders alcoholism and other drug abuse or
12dependency or to provide services as specified in subsections
13(a) and (b) (c), (d), (e), and (f) of Section 15-10 of this Act
14unless the person is licensed to do so by the Department. The
15performance of these activities by any person in violation of
16this Act is declared to be inimical to the public health and
17welfare, and to be a public nuisance. The Department may
18undertake such inspections and investigations as it deems
19appropriate to determine whether licensable activities are
20being conducted without the requisite license.
21 (b) Nothing in this Act shall be construed to require any
22hospital, as defined by the Hospital Licensing Act, required to
23have a license from the Department of Public Health pursuant to
24the Hospital Licensing Act to obtain any license under this Act
25for any substance use disorder alcoholism and other drug

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1dependency treatment services operated on the licensed
2premises of the hospital, and operated by the hospital or its
3designated agent, provided that such services are covered
4within the scope of the Hospital Licensing Act. No person or
5facility required to be licensed under this Act shall be
6required to obtain a license pursuant to the Hospital Licensing
7Act or the Child Care Act of 1969.
8 (c) Nothing in this Act shall be construed to require an
9individual employee of a licensed program to be licensed under
10this Act.
11 (d) Nothing in this Act shall be construed to require any
12private professional practice, whether by an individual
13practitioner, by a partnership, or by a duly incorporated
14professional service corporation, that provides outpatient
15treatment for substance use disorders alcoholism and other drug
16abuse to be licensed under this Act, provided that the
17treatment is rendered personally by the professional in his own
18name and the professional is authorized by individual
19professional licensure or registration from the Department of
20Financial and Professional Regulation to provide substance use
21disorder do such treatment unsupervised. This exemption shall
22not apply to such private professional practice that provides
23or holds itself out, as defined in Section 1-10, as providing
24substance use disorder outpatient treatment. which specializes
25primarily or exclusively in the treatment of alcoholism and
26other drug abuse. This exemption shall also not apply to

SB2834 Engrossed- 64 -LRB100 16078 KTG 33917 b
1licensable intervention services, research, or residential
2treatment services as defined in this Act or by rule.
3 Notwithstanding any other provisions of this subsection to
4the contrary, persons licensed to practice medicine in all of
5its branches in Illinois shall not require licensure under this
6Act unless their private professional practice provides and
7holds itself out, as defined in Section 1-10, as providing
8substance use disorder outpatient treatment. specializes
9exclusively in the treatment of alcoholism and other drug
10abuse.
11 (e) Nothing in this Act shall be construed to require any
12employee assistance program operated by an employer or any
13intervenor program operated by a professional association to
14obtain any license pursuant to this Act to perform services
15that do not constitute licensable treatment or intervention as
16defined in this Act.
17 (f) Before any violation of this Act is reported by the
18Department or any of its agents to any State's Attorney for the
19institution of a criminal proceeding, the person against whom
20such proceeding is contemplated shall be given appropriate
21notice and an opportunity to present his views before the
22Department or its designated agent, either orally or in
23writing, in person or by an attorney, with regard to such
24contemplated proceeding. Nothing in this Act shall be construed
25as requiring the Department to report minor violations of this
26Act whenever the Department believes that the public interest

SB2834 Engrossed- 65 -LRB100 16078 KTG 33917 b
1would be adequately served by a suitable written notice or
2warning.
3(Source: P.A. 88-80; 89-202, eff. 7-21-95; 89-507, eff.
47-1-97.)
5 (20 ILCS 301/15-10)
6 Sec. 15-10. Licensure categories and services. No person or
7program may provide the services or conduct the activities
8described in this Section without first obtaining a license
9therefor from the Department, unless otherwise exempted under
10this Act. The Department shall, by rule, provide requirements
11for each of the following types of licenses and categories of
12service:
13 (a) Treatment: Categories of service authorized by a
14 treatment license are Early Intervention, Outpatient,
15 Intensive Outpatient/Partial Hospitalization, Subacute
16 Residential/Inpatient, and Withdrawal Management.
17 Medication assisted treatment that includes methadone used
18 for an opioid use disorder can be licensed as an adjunct to
19 any of the treatment levels of care specified in this
20 Section.
21 (b) Intervention: Categories of service authorized by
22 an intervention license are DUI Evaluation, DUI Risk
23 Education, Designated Program, and Recovery Homes for
24 persons in any stage of recovery from a substance use
25 disorder.

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1. The Department shall, by rule, provide licensure requirements
2for each of the following categories of service:
3 (a) Residential treatment for alcoholism and other
4 drug dependency, sub-acute inpatient treatment, clinically
5 managed or medically monitored detoxification, and
6 residential extended care (formerly halfway house).
7 (b) Outpatient treatment for alcoholism and other drug
8 abuse and dependency.
9 (c) The screening, assessment, referral or tracking of
10 clients identified by the criminal justice system as having
11 indications of alcoholism or other drug abuse or
12 dependency.
13 (d) D.U.I. evaluation services for Illinois courts and
14 the Secretary of State.
15 (e) D.U.I. remedial education services for Illinois
16 courts or the Secretary of State.
17 (f) Recovery home services for persons in early
18 recovery from substance abuse or for persons who have
19 recently completed or who may still be receiving substance
20 abuse treatment services.
21 The Department may, under procedures established by rule
22and upon a showing of good cause for such, exempt off-site
23services from having to obtain a separate license for services
24conducted away from the provider's licensed primary service
25location.
26(Source: P.A. 94-1033, eff. 7-1-07.)

SB2834 Engrossed- 67 -LRB100 16078 KTG 33917 b
1 (20 ILCS 301/20-5)
2 Sec. 20-5. Development of statewide prevention system.
3 (a) The Department shall develop and implement a
4comprehensive, statewide, community-based strategy to reduce
5substance use disorders and alcoholism, prevent the misuse of
6illegal and legal drugs use of illegal drugs and the abuse of
7legal drugs by persons of all ages, and to prevent the use of
8alcohol by minors. The system created to implement this
9strategy shall be based on the premise that coordination among
10and integration between all community and governmental systems
11will facilitate effective and efficient program implementation
12and utilization of existing resources.
13 (b) The statewide system developed under this Section may
14be adopted by administrative rule or funded as a grant award
15condition and shall be responsible for:
16 (1) providing programs and technical assistance to
17 improve the ability of Illinois communities and schools to
18 develop, implement and evaluate prevention programs.
19 (2) initiating and fostering continuing cooperation
20 among the Department, Department-funded prevention
21 programs, other community-based prevention providers and
22 other State, regional, or local systems or agencies that
23 which have an interest in substance use disorder
24 prevention. alcohol and other drug use or abuse prevention.
25 (c) In developing, implementing, and advocating for and

SB2834 Engrossed- 68 -LRB100 16078 KTG 33917 b
1implementing this statewide strategy and system, the
2Department may engage in, but shall not be limited to, the
3following activities:
4 (1) establishing and conducting programs to provide
5 awareness and knowledge of the nature and extent of
6 substance use disorders and their effect alcohol and other
7 drug use, abuse and dependency and their effects on
8 individuals, families, and communities.
9 (2) conducting or providing prevention skill building
10 or education through the use of structured experiences.
11 (3) developing, supporting, and advocating with new
12 and or supporting existing local community coalitions or
13 neighborhood-based grassroots networks using action
14 planning and collaborative systems to initiate change
15 regarding substance use disorders alcohol and other drug
16 use and abuse in their communities community.
17 (4) encouraging, supporting, and advocating for and
18 supporting programs and activities that emphasize
19 alcohol-free alcohol and other drug-free lifestyles.
20 socialization.
21 (5) drafting and implementing efficient plans for the
22 use of available resources to address issues of substance
23 use disorder alcohol and other drug abuse prevention.
24 (6) coordinating local programs of alcoholism and
25 other drug abuse education and prevention.
26 (7) encouraging the development of local advisory

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

SB2834 Engrossed- 70 -LRB100 16078 KTG 33917 b
1identification of individuals, within primary care settings,
2who need substance use disorder treatment. Primary care
3providers will screen and, based on the results of the screen,
4deliver a brief intervention or make referral to a licensed
5treatment provider as appropriate. SBIRT is not a licensed
6category of service.
7 (b) The Department may develop policy or best practice
8guidelines for identification of at-risk individuals through
9SBIRT and contract or billing requirements for SBIRT.
10For purposes of this Section, "early intervention" means
11education, counseling and support services provided to
12individuals at high risk of developing an alcohol or other drug
13abuse or dependency. Early intervention programs are delivered
14in one-to-one, group or family service settings by people who
15are trained to educate, screen, assess, counsel and refer the
16high risk individual. Early intervention refers to unlicensed
17programs which provide services to individuals and groups who
18have a high risk of developing alcoholism or other drug
19addiction or dependency. It does not refer to DUI,
20detoxification or treatment programs which require licensing.
21"Individuals at high risk" refers to, but is not limited to,
22those who exhibit one or more of the risk factors listed in
23subsection (b) of this Section.
24 (b) As part of its comprehensive array of services, the
25Department may fund early intervention programs. In doing so,
26the Department shall account for local requirements and involve

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

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

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

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

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

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1who are receiving or who have received early intervention,
2treatment, or other recovery support or aftercare services
3under this Act shall be afforded those rights enumerated in
4Article 30.
5(Source: P.A. 88-80.)
6 (20 ILCS 301/30-5)
7 Sec. 30-5. Patients' rights established.
8 (a) For purposes of this Section, "patient" means any
9person who is receiving or has received early intervention,
10treatment, or other recovery support or aftercare services
11under this Act or any category of service licensed as
12"intervention" under this Act.
13 (b) No patient who is receiving or who has received
14intervention, treatment or aftercare services under this Act
15shall be deprived of any rights, benefits, or privileges
16guaranteed by law, the Constitution of the United States of
17America, or the Constitution of the State of Illinois solely
18because of his or her status as a patient of a program.
19 (c) Persons who have substance use disorders abuse or are
20dependent on alcohol or other drugs who are also suffering from
21medical conditions shall not be discriminated against in
22admission or treatment by any hospital that which receives
23support in any form from any program supported in whole or in
24part by funds appropriated to any State department or agency.
25 (d) Every patient shall have impartial access to services

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1without regard to race, religion, sex, ethnicity, age, sexual
2orientation, gender identity, marital status, or other
3disability. or disability.
4 (e) Patients shall be permitted the free exercise of
5religion.
6 (f) Every patient's personal dignity shall be recognized in
7the provision of services, and a patient's personal privacy
8shall be assured and protected within the constraints of his or
9her individual treatment plan.
10 (g) Treatment services shall be provided in the least
11restrictive environment possible.
12 (h) Each patient receiving treatment services shall be
13provided an individual treatment plan, which shall be
14periodically reviewed and updated as mandated by
15administrative rule. necessary.
16 (i) Treatment shall be person-centered, meaning that every
17Every patient shall be permitted to participate in the planning
18of his or her total care and medical treatment to the extent
19that his or her condition permits.
20 (j) A person shall not be denied treatment solely because
21he or she has withdrawn from treatment against medical advice
22on a prior occasion or had prior treatment episodes. because he
23has relapsed after earlier treatment or, when in medical
24crisis, because of inability to pay.
25 (k) The patient in residential treatment shall be permitted
26visits by family and significant others, unless such visits are

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

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1research or medical procedure, the provider must first obtain
2his or her informed written consent or otherwise comply with
3the federal requirements regarding the protection of human
4subjects contained in 45 C.F.R. Part 46.
5 (r) All medical treatment and procedures shall be
6administered as ordered by a physician and in accordance with
7all Department rules. In order to assure compliance by the
8treatment program with all physician orders, all new physician
9orders shall be reviewed by the treatment program's staff
10within a reasonable period of time after such orders have been
11issued. "Medical treatment and procedures" means those
12services that can be ordered only by a physician licensed to
13practice medicine in all of its branches in Illinois.
14 (s) Every patient in treatment shall be permitted to refuse
15medical treatment and to know the consequences of such action.
16Such refusal by a patient shall free the treatment licensee
17program from the obligation to provide the treatment.
18 (t) Unless otherwise prohibited by State or federal law,
19every patient, patient's guardian, or parent, if the patient is
20a minor, shall be permitted to inspect and copy all clinical
21and other records kept by the intervention or treatment
22licensee treatment program or by his or her physician
23concerning his or her care and maintenance. The licensee
24treatment program or physician may charge a reasonable fee for
25the duplication of a record.
26 (u) No owner, licensee, administrator, employee, or agent

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

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1family or legal guardian of this mechanism and how to use it.
2The provider shall analyze any complaint received and, when
3indicated, take appropriate corrective action. Every patient
4and his or her family member or legal guardian who makes a
5complaint shall receive a timely response from the provider
6that which substantively addresses the complaint. The provider
7shall inform the patient and the patient's his family or legal
8guardian about other sources of assistance if the provider has
9not resolved the complaint to the satisfaction of the patient
10or the patient's his family or legal guardian.
11 (y) A patient resident may refuse to perform labor at a
12program unless such labor is a part of the patient's his
13individual treatment plan program as documented in the
14patient's his clinical record.
15 (z) A person who is in need of services treatment may apply
16for voluntary admission to a treatment program in the manner
17and with the rights provided for under regulations promulgated
18by the Department. If a person is refused admission, then
19staff, to a licensed treatment program, the staff of the
20program, subject to rules promulgated by the Department, shall
21refer the person to another facility or to other appropriate
22services. treatment or other appropriate program.
23 (aa) No patient shall be denied services based solely on
24HIV status. Further, records and information governed by the
25AIDS Confidentiality Act and the AIDS Confidentiality and
26Testing Code (77 Ill. Adm. Code 697) shall be maintained in

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1accordance therewith.
2 (bb) Records of the identity, diagnosis, prognosis or
3treatment of any patient maintained in connection with the
4performance of any service program or activity relating to
5substance use disorder alcohol or other drug abuse or
6dependency education, early intervention, intervention,
7training, or treatment that or rehabilitation which is
8regulated, authorized, or directly or indirectly assisted by
9any Department or agency of this State or under any provision
10of this Act shall be confidential and may be disclosed only in
11accordance with the provisions of federal law and regulations
12concerning the confidentiality of substance use disorder
13alcohol and drug abuse patient records as contained in 42
14U.S.C. Sections 290dd-2 290dd-3 and 290ee-3 and 42 C.F.R. Part
152, or any successor federal statute or regulation.
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

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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

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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

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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 licensed service providers that

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

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

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

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

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

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

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

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1 probation under Section 70 of the Methamphetamine Control
2 and Community Protection Act;
3 (3) the person has a record of 2 or more convictions of
4 a crime of violence;
5 (4) other criminal proceedings alleging commission of
6 a felony are pending against the person;
7 (5) the person is on probation or parole and the
8 appropriate parole or probation authority does not consent
9 to that election;
10 (6) the person elected and was admitted to a designated
11 program on 2 prior occasions within any consecutive 2-year
12 period;
13 (7) the person has been convicted of residential
14 burglary and has a record of one or more felony
15 convictions;
16 (8) the crime is a violation of Section 11-501 of the
17 Illinois Vehicle Code or a similar provision of a local
18 ordinance; or
19 (9) the crime is a reckless homicide or a reckless
20 homicide of an unborn child, as defined in Section 9-3 or
21 9-3.2 of the Criminal Code of 1961 or the Criminal Code of
22 2012, in which the cause of death consists of the driving
23 of a motor vehicle by a person under the influence of
24 alcohol or any other drug or drugs at the time of the
25 violation.
26 Nothing in this Section shall preclude an individual who is

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1charged with or convicted of a crime that is a violation of
2Section 60(b)(1) or 60(b)(2) of the Methamphetamine Control and
3Community Protection Act, and who is otherwise eligible to make
4the election provided for under this Section, from being
5eligible to make an election for treatment as a condition of
6probation as provided for under this Article.
7(Source: P.A. 98-896, eff. 1-1-15; 98-1124, eff. 8-26-14;
899-78, eff. 7-20-15.)
9 (20 ILCS 301/40-10)
10 Sec. 40-10. Treatment as a condition of probation.
11 (a) If a court has reason to believe that an individual who
12is charged with or convicted of a crime suffers from a
13substance use disorder alcoholism or other drug addiction and
14the court finds that he or she is eligible to make the election
15provided for under Section 40-5, the court shall advise the
16individual that he or she may be sentenced to probation and
17shall be subject to terms and conditions of probation under
18Section 5-6-3 of the Unified Code of Corrections if he or she
19elects to participate in submit to treatment and is accepted
20for services treatment by a designated program. The court shall
21further advise the individual that:
22 (1) If if he or she elects to participate in submit to
23 treatment and is accepted he or she shall be sentenced to
24 probation and placed under the supervision of the
25 designated program for a period not to exceed the maximum

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

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1and other information, finds that such an individual suffers
2from a substance use disorder alcoholism or other drug
3addiction and is likely to be rehabilitated through treatment,
4the individual shall be placed on probation and under the
5supervision of a designated program for treatment and under the
6supervision of the proper probation authorities for probation
7supervision unless, giving consideration to the nature and
8circumstances of the offense and to the history, character, and
9condition of the individual, the court is of the opinion that
10no significant relationship exists between the substance use
11disorder addiction or alcoholism of the individual and the
12crime committed, or that his or her imprisonment or periodic
13imprisonment is necessary for the protection of the public, and
14the court specifies on the record the particular evidence,
15information, or other reasons that form the basis of such
16opinion. However, under no circumstances shall the individual
17be placed under the supervision of a designated program for
18treatment before the entry of a 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

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

SB2834 Engrossed- 100 -LRB100 16078 KTG 33917 b
1than 60 days after the discharge of the probation.
2(Source: P.A. 99-574, eff. 1-1-17.)
3 (20 ILCS 301/40-15)
4 Sec. 40-15. Acceptance for treatment as a parole or
5aftercare release condition. Acceptance for treatment for a
6substance use disorder drug addiction or alcoholism under the
7supervision of a designated program may be made a condition of
8parole or aftercare release, and failure to comply with such
9services treatment may be treated as a violation of parole or
10aftercare release. A designated program shall establish the
11conditions under which a parolee or releasee is accepted for
12services treatment. No parolee or releasee may be placed under
13the supervision of a designated program for treatment unless
14the designated program accepts him or her for treatment. The
15designated program shall make periodic progress reports
16regarding each such parolee or releasee to the appropriate
17parole authority and shall report failures to comply with the
18prescribed treatment program.
19(Source: P.A. 98-558, eff. 1-1-14.)
20 (20 ILCS 301/45-5)
21 Sec. 45-5. Inspections.
22 (a) Employees or officers of the Department are authorized
23to enter, at reasonable times and upon presentation of
24credentials, the premises on which any licensed or funded

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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 Engrossed- 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 Engrossed- 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 Engrossed- 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 Engrossed- 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 Engrossed- 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, Department Designated Programs,
20 or licensed treatment providers; , TASC, or other licensed
21 Division of Alcoholism and Substance Abuse (DASA)
22 providers;
23 (3) transportation of the offender to required
24 appointments;
25 (4) interdisciplinary and other training of both

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

SB2834 Engrossed- 108 -LRB100 16078 KTG 33917 b
1Abuse shall by rule develop the increased rate methodology and
2annualize the increased rate beginning with State fiscal year
32018 contracts to licensed providers of community-based
4substance use disorder intervention or treatment community
5based addiction treatment, based on the additional amounts
6appropriated for the purpose of providing a rate increase to
7licensed providers of community based addiction treatment. The
8Department shall adopt rules, including emergency rules under
9subsection (y) of Section 5-45 of the Illinois Administrative
10Procedure Act, to implement the provisions of this Section.
11(Source: P.A. 100-23, eff. 7-6-17.)
12 (20 ILCS 301/10-20 rep.)
13 (20 ILCS 301/10-25 rep.)
14 (20 ILCS 301/10-30 rep.)
15 (20 ILCS 301/10-55 rep.)
16 (20 ILCS 301/10-60 rep.)
17 Section 10. The Alcoholism and Other Drug Abuse and
18Dependency Act is amended by repealing Sections 10-20, 10-25,
1910-30, 10-55, and 10-60.
20 Section 11. The Children and Family Services Act is amended
21by changing Section 5 as follows:
22 (20 ILCS 505/5) (from Ch. 23, par. 5005)
23 Sec. 5. Direct child welfare services; Department of

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

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

SB2834 Engrossed- 111 -LRB100 16078 KTG 33917 b
1 of this Section so that permanency may occur at the
2 earliest opportunity. Consideration should be given so
3 that if reunification fails or is delayed, the
4 placement made is the best available placement to
5 provide permanency for the child;
6 (G) (blank);
7 (H) (blank); and
8 (I) placing and maintaining children in facilities
9 that provide separate living quarters for children
10 under the age of 18 and for children 18 years of age
11 and older, unless a child 18 years of age is in the
12 last year of high school education or vocational
13 training, in an approved individual or group treatment
14 program, in a licensed shelter facility, or secure
15 child care facility. The Department is not required to
16 place or maintain children:
17 (i) who are in a foster home, or
18 (ii) who are persons with a developmental
19 disability, as defined in the Mental Health and
20 Developmental Disabilities Code, or
21 (iii) who are female children who are
22 pregnant, pregnant and parenting or parenting, or
23 (iv) who are siblings, in facilities that
24 provide separate living quarters for children 18
25 years of age and older and for children under 18
26 years of age.

SB2834 Engrossed- 112 -LRB100 16078 KTG 33917 b
1 (b) Nothing in this Section shall be construed to authorize
2the expenditure of public funds for the purpose of performing
3abortions.
4 (c) The Department shall establish and maintain
5tax-supported child welfare services and extend and seek to
6improve voluntary services throughout the State, to the end
7that services and care shall be available on an equal basis
8throughout the State to children requiring such services.
9 (d) The Director may authorize advance disbursements for
10any new program initiative to any agency contracting with the
11Department. As a prerequisite for an advance disbursement, the
12contractor must post a surety bond in the amount of the advance
13disbursement and have a purchase of service contract approved
14by the Department. The Department may pay up to 2 months
15operational expenses in advance. The amount of the advance
16disbursement shall be prorated over the life of the contract or
17the remaining months of the fiscal year, whichever is less, and
18the installment amount shall then be deducted from future
19bills. Advance disbursement authorizations for new initiatives
20shall not be made to any agency after that agency has operated
21during 2 consecutive fiscal years. The requirements of this
22Section concerning advance disbursements shall not apply with
23respect to the following: payments to local public agencies for
24child day care services as authorized by Section 5a of this
25Act; and youth service programs receiving grant funds under
26Section 17a-4.

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

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

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

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1grants, to persons appointed guardian of the person under
2Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28,
34-25 or 5-740 of the Juvenile Court Act of 1987 for children
4who were youth in care for 12 months immediately prior to the
5appointment of the guardian.
6 The amount of assistance may vary, depending upon the needs
7of the child and the adoptive parents, as set forth in the
8annual assistance agreement. Special purpose grants are
9allowed where the child requires special service but such costs
10may not exceed the amounts which similar services would cost
11the Department if it were to provide or secure them as guardian
12of the child.
13 Any financial assistance provided under this subsection is
14inalienable by assignment, sale, execution, attachment,
15garnishment, or any other remedy for recovery or collection of
16a judgment or debt.
17 (j-5) The Department shall not deny or delay the placement
18of a child for adoption if an approved family is available
19either outside of the Department region handling the case, or
20outside of the State of Illinois.
21 (k) The Department shall accept for care and training any
22child who has been adjudicated neglected or abused, or
23dependent committed to it pursuant to the Juvenile Court Act or
24the Juvenile Court Act of 1987.
25 (l) The Department shall offer family preservation
26services, as defined in Section 8.2 of the Abused and Neglected

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

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1child and his family shall be eligible for services as soon as
2the report is determined to be "indicated". The Department may
3offer services to any child or family with respect to whom a
4report of suspected child abuse or neglect has been filed,
5prior to concluding its investigation under Section 7.12 of the
6Abused and Neglected Child Reporting Act. However, the child's
7or family's willingness to accept services shall not be
8considered in the investigation. The Department may also
9provide services to any child or family who is the subject of
10any report of suspected child abuse or neglect or may refer
11such child or family to services available from other agencies
12in the community, even if the report is determined to be
13unfounded, if the conditions in the child's or family's home
14are reasonably likely to subject the child or family to future
15reports of suspected child abuse or neglect. Acceptance of such
16services shall be voluntary. The Department may also provide
17services to any child or family after completion of a family
18assessment, as an alternative to an investigation, as provided
19under the "differential response program" provided for in
20subsection (a-5) of Section 7.4 of the Abused and Neglected
21Child Reporting Act.
22 The Department may, at its discretion except for those
23children also adjudicated neglected or dependent, accept for
24care and training any child who has been adjudicated addicted,
25as a truant minor in need of supervision or as a minor
26requiring authoritative intervention, under the Juvenile Court

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1Act or the Juvenile Court Act of 1987, but no such child shall
2be committed to the Department by any court without the
3approval of the Department. On and after January 1, 2015 (the
4effective date of Public Act 98-803) this amendatory Act of the
598th General Assembly and before January 1, 2017, a minor
6charged with a criminal offense under the Criminal Code of 1961
7or the Criminal Code of 2012 or adjudicated delinquent shall
8not be placed in the custody of or committed to the Department
9by any court, except (i) a minor less than 16 years of age
10committed to the Department under Section 5-710 of the Juvenile
11Court Act of 1987, (ii) a minor for whom an independent basis
12of abuse, neglect, or dependency exists, which must be defined
13by departmental rule, or (iii) a minor for whom the court has
14granted a supplemental petition to reinstate wardship pursuant
15to subsection (2) of Section 2-33 of the Juvenile Court Act of
161987. On and after January 1, 2017, a minor charged with a
17criminal offense under the Criminal Code of 1961 or the
18Criminal Code of 2012 or adjudicated delinquent shall not be
19placed in the custody of or committed to the Department by any
20court, except (i) a minor less than 15 years of age committed
21to the Department under Section 5-710 of the Juvenile Court Act
22of 1987, ii) a minor for whom an independent basis of abuse,
23neglect, or dependency exists, which must be defined by
24departmental rule, or (iii) a minor for whom the court has
25granted a supplemental petition to reinstate wardship pursuant
26to subsection (2) of Section 2-33 of the Juvenile Court Act of

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11987. An independent basis exists when the allegations or
2adjudication of abuse, neglect, or dependency do not arise from
3the same facts, incident, or circumstances which give rise to a
4charge or adjudication of delinquency. The Department shall
5assign a caseworker to attend any hearing involving a youth in
6the care and custody of the Department who is placed on
7aftercare release, including hearings involving sanctions for
8violation of aftercare release conditions and aftercare
9release revocation hearings.
10 As soon as is possible after August 7, 2009 (the effective
11date of Public Act 96-134), the Department shall develop and
12implement a special program of family preservation services to
13support intact, foster, and adoptive families who are
14experiencing extreme hardships due to the difficulty and stress
15of caring for a child who has been diagnosed with a pervasive
16developmental disorder if the Department determines that those
17services are necessary to ensure the health and safety of the
18child. The Department may offer services to any family whether
19or not a report has been filed under the Abused and Neglected
20Child Reporting Act. The Department may refer the child or
21family to services available from other agencies in the
22community if the conditions in the child's or family's home are
23reasonably likely to subject the child or family to future
24reports of suspected child abuse or neglect. Acceptance of
25these services shall be voluntary. The Department shall develop
26and implement a public information campaign to alert health and

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

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

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

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1enters the home and is willing and able to ensure the child's
2health and safety and assume charge of the child until a
3parent, guardian or custodian enters the home and expresses
4such willingness and ability to ensure the child's safety and
5resume permanent charge. After a caretaker has remained in the
6home for a period not to exceed 12 hours, the Department must
7follow those procedures outlined in Section 2-9, 3-11, 4-8, or
85-415 of the Juvenile Court Act of 1987.
9 The Department shall have the authority, responsibilities
10and duties that a legal custodian of the child would have
11pursuant to subsection (9) of Section 1-3 of the Juvenile Court
12Act of 1987. Whenever a child is taken into temporary custody
13pursuant to an investigation under the Abused and Neglected
14Child Reporting Act, or pursuant to a referral and acceptance
15under the Juvenile Court Act of 1987 of a minor in limited
16custody, the Department, during the period of temporary custody
17and before the child is brought before a judicial officer as
18required by Section 2-9, 3-11, 4-8, or 5-415 of the Juvenile
19Court Act of 1987, shall have the authority, responsibilities
20and duties that a legal custodian of the child would have under
21subsection (9) of Section 1-3 of the Juvenile Court Act of
221987.
23 The Department shall ensure that any child taken into
24custody is scheduled for an appointment for a medical
25examination.
26 A parent, guardian or custodian of a child in the temporary

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

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

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1assignment, sale, attachment, garnishment or otherwise.
2 (n-1) The Department shall provide or authorize child
3welfare services, aimed at assisting minors to achieve
4sustainable self-sufficiency as independent adults, for any
5minor eligible for the reinstatement of wardship pursuant to
6subsection (2) of Section 2-33 of the Juvenile Court Act of
71987, whether or not such reinstatement is sought or allowed,
8provided that the minor consents to such services and has not
9yet attained the age of 21. The Department shall have
10responsibility for the development and delivery of services
11under this Section. An eligible youth may access services under
12this Section through the Department of Children and Family
13Services or by referral from the Department of Human Services.
14Youth participating in services under this Section shall
15cooperate with the assigned case manager in developing an
16agreement identifying the services to be provided and how the
17youth will increase skills to achieve self-sufficiency. A
18homeless shelter is not considered appropriate housing for any
19youth receiving child welfare services under this Section. The
20Department shall continue child welfare services under this
21Section to any eligible minor until the minor becomes 21 years
22of age, no longer consents to participate, or achieves
23self-sufficiency as identified in the minor's service plan. The
24Department of Children and Family Services shall create clear,
25readable notice of the rights of former foster youth to child
26welfare services under this Section and how such services may

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1be obtained. The Department of Children and Family Services and
2the Department of Human Services shall disseminate this
3information statewide. The Department shall adopt regulations
4describing services intended to assist minors in achieving
5sustainable self-sufficiency as independent adults.
6 (o) The Department shall establish an administrative
7review and appeal process for children and families who request
8or receive child welfare services from the Department. Youth in
9care who are placed by private child welfare agencies, and
10foster families with whom those youth are placed, shall be
11afforded the same procedural and appeal rights as children and
12families in the case of placement by the Department, including
13the right to an initial review of a private agency decision by
14that agency. The Department shall ensure that any private child
15welfare agency, which accepts youth in care for placement,
16affords those rights to children and foster families. The
17Department shall accept for administrative review and an appeal
18hearing a complaint made by (i) a child or foster family
19concerning a decision following an initial review by a private
20child welfare agency or (ii) a prospective adoptive parent who
21alleges a violation of subsection (j-5) of this Section. An
22appeal of a decision concerning a change in the placement of a
23child shall be conducted in an expedited manner. A court
24determination that a current foster home placement is necessary
25and appropriate under Section 2-28 of the Juvenile Court Act of
261987 does not constitute a judicial determination on the merits

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

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

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

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

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

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1prospective adoptive parent or parents or other caretaker a
2signed verification of receipt of the information provided.
3Within 10 business days after placement, the Department shall
4provide to the child's guardian ad litem a copy of the
5information provided to the prospective adoptive parent or
6parents or other caretaker. The information provided to the
7prospective adoptive parent or parents or other caretaker shall
8be reviewed and approved regarding accuracy at the supervisory
9level.
10 (u-5) Effective July 1, 1995, only foster care placements
11licensed as foster family homes pursuant to the Child Care Act
12of 1969 shall be eligible to receive foster care payments from
13the Department. Relative caregivers who, as of July 1, 1995,
14were approved pursuant to approved relative placement rules
15previously promulgated by the Department at 89 Ill. Adm. Code
16335 and had submitted an application for licensure as a foster
17family home may continue to receive foster care payments only
18until the Department determines that they may be licensed as a
19foster family home or that their application for licensure is
20denied or until September 30, 1995, whichever occurs first.
21 (v) The Department shall access criminal history record
22information as defined in the Illinois Uniform Conviction
23Information Act and information maintained in the adjudicatory
24and dispositional record system as defined in Section 2605-355
25of the Department of State Police Law (20 ILCS 2605/2605-355)
26if the Department determines the information is necessary to

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

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

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1cost savings resulting from the movement of children currently
2out-of-state who are projected to be returned to Illinois; the
3necessary geographic distribution of these facilities in
4Illinois; and a proposed timetable for development of such
5facilities.
6 (x) The Department shall conduct annual credit history
7checks to determine the financial history of children placed
8under its guardianship pursuant to the Juvenile Court Act of
91987. The Department shall conduct such credit checks starting
10when a youth in care turns 12 years old and each year
11thereafter for the duration of the guardianship as terminated
12pursuant to the Juvenile Court Act of 1987. The Department
13shall determine if financial exploitation of the child's
14personal information has occurred. If financial exploitation
15appears to have taken place or is presently ongoing, the
16Department shall notify the proper law enforcement agency, the
17proper State's Attorney, or the Attorney General.
18 (y) Beginning on July 22, 2010 (the effective date of
19Public Act 96-1189) this amendatory Act of the 96th General
20Assembly, a child with a disability who receives residential
21and educational services from the Department shall be eligible
22to receive transition services in accordance with Article 14 of
23the School Code from the age of 14.5 through age 21, inclusive,
24notwithstanding the child's residential services arrangement.
25For purposes of this subsection, "child with a disability"
26means a child with a disability as defined by the federal

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1Individuals with Disabilities Education Improvement Act of
22004.
3 (z) The Department shall access criminal history record
4information as defined as "background information" in this
5subsection and criminal history record information as defined
6in the Illinois Uniform Conviction Information Act for each
7Department employee or Department applicant. Each Department
8employee or Department applicant shall submit his or her
9fingerprints to the Department of State Police in the form and
10manner prescribed by the Department of State Police. These
11fingerprints shall be checked against the fingerprint records
12now and hereafter filed in the Department of State Police and
13the Federal Bureau of Investigation criminal history records
14databases. The Department of State Police shall charge a fee
15for conducting the criminal history record check, which shall
16be deposited into the State Police Services Fund and shall not
17exceed the actual cost of the record check. The Department of
18State Police shall furnish, pursuant to positive
19identification, all Illinois conviction information to the
20Department of Children and Family Services.
21 For purposes of this subsection:
22 "Background information" means all of the following:
23 (i) Upon the request of the Department of Children and
24 Family Services, conviction information obtained from the
25 Department of State Police as a result of a
26 fingerprint-based criminal history records check of the

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

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1100-159, eff. 8-18-17; 100-522, eff. 9-22-17; revised
21-22-18.)
3 Section 13. The Department of Human Services Act is amended
4by changing Sections 1-40, 10-15, and 10-66 as follows:
5 (20 ILCS 1305/1-40)
6 Sec. 1-40. Substance Use Disorders Alcoholism and
7Substance Abuse; Mental Health; provider payments. For
8authorized Medicaid services to enrolled individuals, Division
9of Substance Use Prevention and Recovery Alcoholism and
10Substance Abuse and Division of Mental Health providers shall
11receive payment for such authorized services, with payment
12occurring no later than in the next fiscal year.
13(Source: P.A. 96-1472, eff. 8-23-10.)
14 (20 ILCS 1305/10-15)
15 Sec. 10-15. Pregnant women with a substance use disorder.
16Addicted pregnant women. The Department shall develop
17guidelines for use in non-hospital residential care facilities
18for pregnant women who have a substance use disorder addicted
19pregnant women with respect to the care of those clients.
20 The Department shall administer infant mortality and
21prenatal programs, through its provider agencies, to develop
22special programs for case finding and service coordination for
23pregnant women who have a substance use disorder addicted

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

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

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

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

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

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

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

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

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

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

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

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1(Source: P.A. 99-78, eff. 7-20-15.)
2 Section 16. The Civil Administrative Code of Illinois is
3amended by changing Sections 2605-54 and 2605-97 as follows:
4 (20 ILCS 2605/2605-54)
5 (This Section may contain text from a Public Act with a
6delayed effective date)
7 Sec. 2605-54. Training policy; persons arrested while
8under the influence of alcohol or drugs. The Department shall
9adopt a policy and provide training to State Police officers
10concerning response and care for persons under the influence of
11alcohol or drugs. The policy shall be consistent with the
12Substance Use Disorder Act Alcoholism and Other Drug Abuse and
13Dependency Act and shall provide guidance for the arrest of
14persons under the influence of alcohol or drugs, proper medical
15attention if warranted, and care and release of those persons
16from custody. The policy shall provide guidance concerning the
17release of persons arrested under the influence of alcohol or
18drugs who are under the age of 21 years of age which shall
19include, but not be limited to, language requiring the
20arresting officer to make a reasonable attempt to contact a
21responsible adult who is willing to take custody of the person
22who is under the influence of alcohol or drugs.
23(Source: P.A. 100-537, eff. 6-1-18.)

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

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

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

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

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1 Control Act, or Section 5-615 of the Juvenile Court Act
2 of 1987 for any offense which is required by statute to
3 be collected, maintained, or disseminated by the
4 Department of State Police, the State's Attorney of
5 each county shall ask the court to order a law
6 enforcement agency to fingerprint immediately all
7 persons appearing before the court who have not
8 previously been fingerprinted for the same case. The
9 court shall so order the requested fingerprinting, if
10 it determines that any such person has not previously
11 been fingerprinted for the same case. The law
12 enforcement agency shall submit such fingerprints to
13 the Department daily.
14 (2) After the court pronounces sentence or makes a
15 disposition of a case following a finding of
16 delinquency for any offense which is not required by
17 statute to be collected, maintained, or disseminated
18 by the Department of State Police, the prosecuting
19 attorney may ask the court to order a law enforcement
20 agency to fingerprint immediately all persons
21 appearing before the court who have not previously been
22 fingerprinted for the same case. The court may so order
23 the requested fingerprinting, if it determines that
24 any so sentenced person has not previously been
25 fingerprinted for the same case. The law enforcement
26 agency may retain such fingerprints in its files.

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

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

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

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

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1 Section 70 of the Methamphetamine Control and
2 Community Protection Act, Section 5-6-3.3 or 5-6-3.4
3 of the Unified Code of Corrections, Section
4 12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as
5 those provisions existed before their deletion by
6 Public Act 89-313), Section 10-102 of the Illinois
7 Alcoholism and Other Drug Dependency Act, Section
8 40-10 of the Substance Use Disorder Act Alcoholism and
9 Other Drug Abuse and Dependency Act, or Section 10 of
10 the Steroid Control Act. For the purpose of this
11 Section, "successful completion" of an order of
12 qualified probation under Section 10-102 of the
13 Illinois Alcoholism and Other Drug Dependency Act and
14 Section 40-10 of the Substance Use Disorder Act
15 Alcoholism and Other Drug Abuse and Dependency Act
16 means that the probation was terminated satisfactorily
17 and the judgment of conviction was vacated.
18 (K) "Seal" means to physically and electronically
19 maintain the records, unless the records would
20 otherwise be destroyed due to age, but to make the
21 records unavailable without a court order, subject to
22 the exceptions in Sections 12 and 13 of this Act. The
23 petitioner's name shall also be obliterated from the
24 official index required to be kept by the circuit court
25 clerk under Section 16 of the Clerks of Courts Act, but
26 any index issued by the circuit court clerk before the

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

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

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

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1 or Section 125 of the Stalking No Contact Order
2 Act, or Section 219 of the Civil No Contact Order
3 Act, or a similar provision of a local ordinance;
4 (iv) Class A misdemeanors or felony offenses
5 under the Humane Care for Animals Act; or
6 (v) any offense or attempted offense that
7 would subject a person to registration under the
8 Sex Offender Registration Act.
9 (D) (blank).
10 (b) Expungement.
11 (1) A petitioner may petition the circuit court to
12 expunge the records of his or her arrests and charges not
13 initiated by arrest when each arrest or charge not
14 initiated by arrest sought to be expunged resulted in: (i)
15 acquittal, dismissal, or the petitioner's release without
16 charging, unless excluded by subsection (a)(3)(B); (ii) a
17 conviction which was vacated or reversed, unless excluded
18 by subsection (a)(3)(B); (iii) an order of supervision and
19 such supervision was successfully completed by the
20 petitioner, unless excluded by subsection (a)(3)(A) or
21 (a)(3)(B); or (iv) an order of qualified probation (as
22 defined in subsection (a)(1)(J)) and such probation was
23 successfully completed by the petitioner.
24 (1.5) When a petitioner seeks to have a record of
25 arrest expunged under this Section, and the offender has
26 been convicted of a criminal offense, the State's Attorney

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

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

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

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

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

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

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

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

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1 offense, order the unsealing of prior felony conviction
2 records previously ordered sealed by the court.
3 (5) Notice of eligibility for sealing. Upon entry of a
4 disposition for an eligible record under this subsection
5 (c), the petitioner shall be informed by the court of the
6 right to have the records sealed and the procedures for the
7 sealing of the records.
8 (d) Procedure. The following procedures apply to
9expungement under subsections (b), (e), and (e-6) and sealing
10under subsections (c) and (e-5):
11 (1) Filing the petition. Upon becoming eligible to
12 petition for the expungement or sealing of records under
13 this Section, the petitioner shall file a petition
14 requesting the expungement or sealing of records with the
15 clerk of the court where the arrests occurred or the
16 charges were brought, or both. If arrests occurred or
17 charges were brought in multiple jurisdictions, a petition
18 must be filed in each such jurisdiction. The petitioner
19 shall pay the applicable fee, except no fee shall be
20 required if the petitioner has obtained a court order
21 waiving fees under Supreme Court Rule 298 or it is
22 otherwise waived.
23 (1.5) County fee waiver pilot program. In a county of
24 3,000,000 or more inhabitants, no fee shall be required to
25 be paid by a petitioner if the records sought to be
26 expunged or sealed were arrests resulting in release

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1 without charging or arrests or charges not initiated by
2 arrest resulting in acquittal, dismissal, or conviction
3 when the conviction was reversed or vacated, unless
4 excluded by subsection (a)(3)(B). The provisions of this
5 paragraph (1.5), other than this sentence, are inoperative
6 on and after January 1, 2019 or one year after January 1,
7 2017 (the effective date of Public Act 99-881), whichever
8 is later.
9 (2) Contents of petition. The petition shall be
10 verified and shall contain the petitioner's name, date of
11 birth, current address and, for each arrest or charge not
12 initiated by arrest sought to be sealed or expunged, the
13 case number, the date of arrest (if any), the identity of
14 the arresting authority, and such other information as the
15 court may require. During the pendency of the proceeding,
16 the petitioner shall promptly notify the circuit court
17 clerk of any change of his or her address. If the
18 petitioner has received a certificate of eligibility for
19 sealing from the Prisoner Review Board under paragraph (10)
20 of subsection (a) of Section 3-3-2 of the Unified Code of
21 Corrections, the certificate shall be attached to the
22 petition.
23 (3) Drug test. The petitioner must attach to the
24 petition proof that the petitioner has passed a test taken
25 within 30 days before the filing of the petition showing
26 the absence within his or her body of all illegal

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

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

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

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

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

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

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1 Department within 60 days of the date of service of
2 the order as ordered by the court, unless a motion
3 to vacate, modify, or reconsider the order is filed
4 under paragraph (12) of subsection (d) of this
5 Section;
6 (iv) records impounded by the Department may
7 be disseminated by the Department only as required
8 by law or to the arresting authority, the State's
9 Attorney, and the court upon a later arrest for the
10 same or a similar offense or for the purpose of
11 sentencing for any subsequent felony, and to the
12 Department of Corrections upon conviction for any
13 offense; and
14 (v) in response to an inquiry for these records
15 from anyone not authorized by law to access the
16 records, the court, the Department, or the agency
17 receiving the inquiry shall reply as it does in
18 response to inquiries when no records ever
19 existed.
20 (C) Upon entry of an order to seal records under
21 subsection (c), the arresting agency, any other agency
22 as ordered by the court, the Department, and the court
23 shall seal the records (as defined in subsection
24 (a)(1)(K)). In response to an inquiry for such records,
25 from anyone not authorized by law to access such
26 records, the court, the Department, or the agency

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

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1 Administrative Fund, to be used to offset the costs
2 incurred by the circuit court clerk in performing the
3 additional duties required to serve the petition to seal or
4 expunge on all parties. The circuit court clerk shall
5 collect and forward the Department of State Police portion
6 of the fee to the Department and it shall be deposited in
7 the State Police Services Fund.
8 (11) Final Order. No court order issued under the
9 expungement or sealing provisions of this Section shall
10 become final for purposes of appeal until 30 days after
11 service of the order on the petitioner and all parties
12 entitled to notice of the petition.
13 (12) Motion to Vacate, Modify, or Reconsider. Under
14 Section 2-1203 of the Code of Civil Procedure, the
15 petitioner or any party entitled to notice may file a
16 motion to vacate, modify, or reconsider the order granting
17 or denying the petition to expunge or seal within 60 days
18 of service of the order. If filed more than 60 days after
19 service of the order, a petition to vacate, modify, or
20 reconsider shall comply with subsection (c) of Section
21 2-1401 of the Code of Civil Procedure. Upon filing of a
22 motion to vacate, modify, or reconsider, notice of the
23 motion shall be served upon the petitioner and all parties
24 entitled to notice of the petition.
25 (13) Effect of Order. An order granting a petition
26 under the expungement or sealing provisions of this Section

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

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

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

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

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

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

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

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

SB2834 Engrossed- 194 -LRB100 16078 KTG 33917 b
1 State Police may file a motion to vacate, modify, or
2 reconsider the order denying the petition to
3 immediately seal within 60 days of service of the
4 order. If filed more than 60 days after service of the
5 order, a petition to vacate, modify, or reconsider
6 shall comply with subsection (c) of Section 2-1401 of
7 the Code of Civil Procedure.
8 (L) Effect of Order. An order granting an immediate
9 sealing petition shall not be considered void because
10 it fails to comply with the provisions of this Section
11 or because of an error asserted in a motion to vacate,
12 modify, or reconsider. The circuit court retains
13 jurisdiction to determine whether the order is
14 voidable, and to vacate, modify, or reconsider its
15 terms based on a motion filed under subparagraph (L) of
16 this subsection (g).
17 (M) Compliance with Order Granting Petition to
18 Seal Records. Unless a court has entered a stay of an
19 order granting a petition to immediately seal, all
20 parties entitled to service of the order must fully
21 comply with the terms of the order within 60 days of
22 service of the order.
23(Source: P.A. 99-78, eff. 7-20-15; 99-378, eff. 1-1-16; 99-385,
24eff. 1-1-16; 99-642, eff. 7-28-16; 99-697, eff. 7-29-16;
2599-881, eff. 1-1-17; 100-201, eff. 8-18-17; 100-282, eff.
261-1-18; 100-284, eff. 8-24-17; 100-287, eff. 8-24-17; revised

SB2834 Engrossed- 195 -LRB100 16078 KTG 33917 b
110-13-17.)
2 Section 25. The Illinois Uniform Conviction Information
3Act is amended by changing Section 3 as follows:
4 (20 ILCS 2635/3) (from Ch. 38, par. 1603)
5 Sec. 3. Definitions. Whenever used in this Act, and for the
6purposes of this Act, unless the context clearly indicates
7otherwise:
8 (A) "Accurate" means factually correct, containing no
9mistake or error of a material nature.
10 (B) The phrase "administer the criminal laws" includes any
11of the following activities: intelligence gathering,
12surveillance, criminal investigation, crime detection and
13prevention (including research), apprehension, detention,
14pretrial or post-trial release, prosecution, the correctional
15supervision or rehabilitation of accused persons or criminal
16offenders, criminal identification activities, data analysis
17and research done by the sentencing commission, or the
18collection, maintenance or dissemination of criminal history
19record information.
20 (C) "The Authority" means the Illinois Criminal Justice
21Information Authority.
22 (D) "Automated" means the utilization of computers,
23telecommunication lines, or other automatic data processing
24equipment for data collection or storage, analysis,

SB2834 Engrossed- 196 -LRB100 16078 KTG 33917 b
1processing, preservation, maintenance, dissemination, or
2display and is distinguished from a system in which such
3activities are performed manually.
4 (E) "Complete" means accurately reflecting all the
5criminal history record information about an individual that is
6required to be reported to the Department pursuant to Section
72.1 of the Criminal Identification Act.
8 (F) "Conviction information" means data reflecting a
9judgment of guilt or nolo contendere. The term includes all
10prior and subsequent criminal history events directly relating
11to such judgments, such as, but not limited to: (1) the
12notation of arrest; (2) the notation of charges filed; (3) the
13sentence imposed; (4) the fine imposed; and (5) all related
14probation, parole, and release information. Information ceases
15to be "conviction information" when a judgment of guilt is
16reversed or vacated.
17 For purposes of this Act, continuances to a date certain in
18furtherance of an order of supervision granted under Section
195-6-1 of the Unified Code of Corrections or an order of
20probation granted under either Section 10 of the Cannabis
21Control Act, Section 410 of the Illinois Controlled Substances
22Act, Section 70 of the Methamphetamine Control and Community
23Protection Act, Section 12-4.3 or subdivision (b)(1) of Section
2412-3.05 of the Criminal Code of 1961 or the Criminal Code of
252012, Section 10-102 of the Illinois Alcoholism and Other Drug
26Dependency Act, Section 40-10 of the Substance Use Disorder

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

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

SB2834 Engrossed- 199 -LRB100 16078 KTG 33917 b
1information.
2 (P) "Sentencing commission" means the Sentencing Policy
3Advisory Council.
4(Source: P.A. 99-880, eff. 8-22-16; 100-201, eff. 8-18-17.)
5 Section 30. The Community Behavioral Health Center
6Infrastructure Act is amended by changing Section 5 as follows:
7 (30 ILCS 732/5)
8 Sec. 5. Definitions. In this Act:
9 "Behavioral health center site" means a physical site where
10a community behavioral health center shall provide behavioral
11healthcare services linked to a particular
12Department-contracted community behavioral healthcare
13provider, from which this provider delivers a
14Department-funded service and has the following
15characteristics:
16 (i) The site must be owned, leased, or otherwise
17 controlled by a Department-funded provider.
18 (ii) A Department-funded provider may have multiple
19 service sites.
20 (iii) A Department-funded provider may provide both
21 Medicaid and non-Medicaid services for which they are
22 certified or approved at a certified site.
23 "Board" means the Capital Development Board.
24 "Community behavioral healthcare provider" includes, but

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

SB2834 Engrossed- 201 -LRB100 16078 KTG 33917 b
1 C.F.R. Part 79).
2 (7) Federal regulations regarding Opioid
3 Maintenance Therapy (21 C.F.R. 29) (21 C.F.R.
4 1301-1307 (D.E.A.)).
5 (8) Federal regulations regarding Diagnostic,
6 Screening, Prevention, and Rehabilitation Services
7 (Medicaid) (42 C.F.R. 440.130).
8 (9) Charitable Choice: Providers that qualify as
9 religious organizations under 42 C.F.R. 54.2(b), who
10 comply with the Charitable Choice Regulations as set
11 forth in 42 C.F.R. 54.1 et seq. with regard to funds
12 provided directly to pay for substance abuse
13 prevention and treatment services.
14 (B) State requirements:
15 (1) 59 Ill. Admin. Code 50, Office of Inspector
16 General Investigations of Alleged Abuse or Neglect in
17 State-Operated Facilities and Community Agencies.
18 (2) 59 Ill. Admin. Code 51, Office of Inspector
19 General Adults with Disabilities Project.
20 (3) 59 Ill. Admin. Code 103, Grants.
21 (4) 59 Ill. Admin. Code 115, Standards and
22 Licensure Requirements for Community-Integrated Living
23 Arrangements.
24 (5) 59 Ill. Admin. Code 117, Family Assistance and
25 Home-Based Support Programs for Persons with Mental
26 Disabilities.

SB2834 Engrossed- 202 -LRB100 16078 KTG 33917 b
1 (6) 59 Ill. Admin. Code 125, Recipient
2 Discharge/Linkage/Aftercare.
3 (7) 59 Ill. Admin. Code 131, Children's Mental
4 Health Screening, Assessment and Supportive Services
5 Program.
6 (8) 59 Ill. Admin. Code 132, Medicaid Community
7 Mental Health Services Program.
8 (9) 59 Ill. Admin. Code 135, Individual Care Grants
9 for Mentally Ill Children.
10 (10) 89 Ill. Admin. Code 140, Medical Payment.
11 (11) 89 Ill. Admin. Code 140.642, Screening
12 Assessment for Nursing Facility and Alternative
13 Residential Settings and Services.
14 (12) 89 Ill. Admin. Code 507, Audit Requirements of
15 Illinois Department of Human Services.
16 (13) 89 Ill. Admin. Code 509,
17 Fiscal/Administrative Recordkeeping and Requirements.
18 (14) 89 Ill. Admin. Code 511, Grants and Grant
19 Funds Recovery.
20 (15) 77 Ill. Admin. Code, Parts 2030, 2060, and
21 2090.
22 (16) Title 77 Illinois Administrative Code:
23 (a) Part 630: Maternal and Child Health
24 Services Code.
25 (b) Part 635: Family Planning Services Code.
26 (c) Part 672: WIC Vendor Management Code.

SB2834 Engrossed- 203 -LRB100 16078 KTG 33917 b
1 (d) Part 2030: Award and Monitoring of Funds.
2 (e) Part 2200: School Based/Linked Health
3 Centers.
4 (17) Title 89 Illinois Administrative Code:
5 (a) Part 130.200: Administration of Social
6 Service Programs, Domestic Violence Shelter and
7 Service Programs.
8 (b) Part 310: Delivery of Youth Services
9 Funded by the Department of Human Services.
10 (c) Part 313: Community Services.
11 (d) Part 334: Administration and Funding of
12 Community-Based Services to Youth.
13 (e) Part 500: Early Intervention Program.
14 (f) Part 501: Partner Abuse Intervention.
15 (g) Part 507: Audit Requirements of DHS.
16 (h) Part 509: Fiscal/Administrative
17 Recordkeeping and Requirements.
18 (i) Part 511: Grants and Grant Funds Recovery.
19 (18) State statutes:
20 (a) The Mental Health and Developmental
21 Disabilities Code.
22 (b) The Community Services Act.
23 (c) The Mental Health and Developmental
24 Disabilities Confidentiality Act.
25 (d) The Substance Use Disorder Act Alcoholism
26 and Other Drug Abuse and Dependency Act.

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

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

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

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

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

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

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

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

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1 verification of the applicants' qualifications under this
2 Act and as established by the Board.
3 g. Minimum in-service training requirements, which a
4 police officer must satisfactorily complete every 3 years.
5 Those requirements shall include constitutional and proper
6 use of law enforcement authority, procedural justice,
7 civil rights, human rights, mental health awareness and
8 response, and cultural competency.
9 h. Minimum in-service training requirements, which a
10 police officer must satisfactorily complete at least
11 annually. Those requirements shall include law updates and
12 use of force training which shall include scenario based
13 training, or similar training approved by the Board.
14(Source: P.A. 99-352, eff. 1-1-16; 99-480, eff. 9-9-15; 99-642,
15eff. 7-28-16; 99-801, eff. 1-1-17; 100-121, eff. 1-1-18;
16100-247, eff. 1-1-18; revised 10-3-17.)
17 (50 ILCS 705/10.18)
18 Sec. 10.18. Training; administration of opioid
19antagonists. The Board shall conduct or approve an in-service
20training program for police officers in the administration of
21opioid antagonists as defined in paragraph (1) of subsection
22(e) of Section 5-23 of the Substance Use Disorder Act
23Alcoholism and Other Drug Abuse and Dependency Act that is in
24accordance with that Section. As used in this Section, the term
25"police officers" includes full-time or part-time probationary

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1police officers, permanent or part-time police officers, law
2enforcement officers, recruits, permanent or probationary
3county corrections officers, permanent or probationary county
4security officers, and court security officers. The term does
5not include auxiliary police officers as defined in Section
63.1-30-20 of the Illinois Municipal Code.
7(Source: P.A. 99-480, eff. 9-9-15; 99-642, eff. 7-28-16.)
8 Section 40. The Illinois Fire Protection Training Act is
9amended by changing Sections 8 and 12.5 as follows:
10 (50 ILCS 740/8) (from Ch. 85, par. 538)
11 Sec. 8. Rules and minimum standards for schools. The Office
12shall adopt rules and minimum standards for such schools which
13shall include but not be limited to the following:
14 a. Minimum courses of study, resources, facilities,
15 apparatus, equipment, reference material, established
16 records and procedures as determined by the Office.
17 b. Minimum requirements for instructors.
18 c. Minimum basic training requirements, which a
19 trainee must satisfactorily complete before being eligible
20 for permanent employment as a fire fighter in the fire
21 department of a participating local governmental agency.
22 Those requirements shall include training in first aid
23 (including cardiopulmonary resuscitation) and training in
24 the administration of opioid antagonists as defined in

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

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1necessary by the sheriff to provide for court security,
2including without limitation court services provided pursuant
3to Section 3-6023, as now or hereafter amended. Such fee shall
4be paid in civil cases by each party at the time of filing the
5first pleading, paper or other appearance; provided that no
6additional fee shall be required if more than one party is
7represented in a single pleading, paper or other appearance. In
8criminal, local ordinance, county ordinance, traffic and
9conservation cases, such fee shall be assessed against the
10defendant upon a plea of guilty, stipulation of facts or
11findings of guilty, resulting in a judgment of conviction, or
12order of supervision, or sentence of probation without entry of
13judgment pursuant to Section 10 of the Cannabis Control Act,
14Section 410 of the Illinois Controlled Substances Act, Section
1570 of the Methamphetamine Control and Community Protection Act,
16Section 12-4.3 or subdivision (b)(1) of Section 12-3.05 of the
17Criminal Code of 1961 or the Criminal Code of 2012, Section
1810-102 of the Illinois Alcoholism and Other Drug Dependency
19Act, Section 40-10 of the Substance Use Disorder Act,
20Alcoholism and Other Drug Abuse and Dependency Act, or Section
2110 of the Steroid Control Act. In setting such fee, the county
22board may impose, with the concurrence of the Chief Judge of
23the judicial circuit in which the county is located by
24administrative order entered by the Chief Judge, differential
25rates for the various types or categories of criminal and civil
26cases, but the maximum rate shall not exceed $25, unless the

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

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

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1 more than 48 hours after each class.
2 (5) A process for capturing data on drug school
3 participants, including but not limited to total
4 individuals served, demographics of those individuals,
5 rates of attendance, and frequency of future justice
6 involvement for drug school participants and other data as
7 may be required by the Division of Substance Use Prevention
8 and Recovery Alcoholism and Substance Abuse.
9(Source: P.A. 95-160, eff. 1-1-08.)
10 (55 ILCS 130/15)
11 Sec. 15. Authorization.
12 (a) Each State's Attorney may establish a drug school
13operated under the terms of this Act. The purpose of the drug
14school shall be to provide an alternative to prosecution by
15identifying drug-involved individuals for the purpose of
16intervening with their drug use before their criminal
17involvement becomes severe. The State's Attorney shall
18identify criteria to be used in determining eligibility for the
19drug school. Only those participants who successfully complete
20the requirements of the drug school, as certified by the
21State's Attorney, are eligible to apply for the sealing and
22expungement of records of arrest and any other record of the
23proceedings of the case for which the individual was mandated
24to attend the drug school.
25 (b) A State's Attorney seeking to establish a drug school

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

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

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

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1Services, and other services for substance use disorders
2alcoholism and drug abuse services approved by the Department
3of Human Services. To be eligible for township funds disbursed
4under this Section, an agency, program, facility, or other
5service provider must have been in existence for more than one
6year and serve the township area.
7(Source: P.A. 99-143, eff. 7-27-15.)
8 Section 55. The School Code is amended by changing Section
922-30 as follows:
10 (105 ILCS 5/22-30)
11 Sec. 22-30. Self-administration and self-carry of asthma
12medication and epinephrine auto-injectors; administration of
13undesignated epinephrine auto-injectors; administration of an
14opioid antagonist; asthma episode emergency response protocol.
15 (a) For the purpose of this Section only, the following
16terms shall have the meanings set forth below:
17 "Asthma action plan" means a written plan developed with a
18pupil's medical provider to help control the pupil's asthma.
19The goal of an asthma action plan is to reduce or prevent
20flare-ups and emergency department visits through day-to-day
21management and to serve as a student-specific document to be
22referenced in the event of an asthma episode.
23 "Asthma episode emergency response protocol" means a
24procedure to provide assistance to a pupil experiencing

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

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1licensed to practice medicine in all its branches, (ii) a
2licensed physician assistant with prescriptive authority, or
3(iii) a licensed advanced practice registered nurse with
4prescriptive authority.
5 "Trained personnel" means any school employee or volunteer
6personnel authorized in Sections 10-22.34, 10-22.34a, and
710-22.34b of this Code who has completed training under
8subsection (g) of this Section to recognize and respond to
9anaphylaxis.
10 "Undesignated epinephrine auto-injector" means an
11epinephrine auto-injector prescribed in the name of a school
12district, public school, or nonpublic school.
13 (b) A school, whether public or nonpublic, must permit the
14self-administration and self-carry of asthma medication by a
15pupil with asthma or the self-administration and self-carry of
16an epinephrine auto-injector by a pupil, provided that:
17 (1) the parents or guardians of the pupil provide to
18 the school (i) written authorization from the parents or
19 guardians for (A) the self-administration and self-carry
20 of asthma medication or (B) the self-carry of asthma
21 medication or (ii) for (A) the self-administration and
22 self-carry of an epinephrine auto-injector or (B) the
23 self-carry of an epinephrine auto-injector, written
24 authorization from the pupil's physician, physician
25 assistant, or advanced practice registered nurse; and
26 (2) the parents or guardians of the pupil provide to

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1 the school (i) the prescription label, which must contain
2 the name of the asthma medication, the prescribed dosage,
3 and the time at which or circumstances under which the
4 asthma medication is to be administered, or (ii) for the
5 self-administration or self-carry of an epinephrine
6 auto-injector, a written statement from the pupil's
7 physician, physician assistant, or advanced practice
8 registered nurse containing the following information: