100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB2834
 
Introduced 2/13/2018, by Sen. Dave Syverson
 
SYNOPSIS AS INTRODUCED:



See Index

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



LRB100 16078 KTG 33917 b


FISCAL NOTE ACT MAY APPLY
 
 
A BILL FOR
 


SB2834LRB100 16078 KTG 33917 b



1 AN ACT concerning State government.


2 Be it enacted by the People of the State of Illinois,

3represented in the General Assembly:



4 Section 5. The Alcoholism and Other Drug Abuse and 
5Dependency Act is amended by changing the title of the Act and 
6by changing Sections 1-1, 1-5, 1-10, 5-5, 5-10, 5-20, 5-23, 
710-5, 10-10, 10-15, 10-35, 15-5, 15-10, 20-5, 20-10, 20-15, 
825-5, 25-10, 25-15, 25-20, 30-5, 35-5, 35-10, 40-5, 40-10, 
940-15, 45-5, 50-10, 50-20, 50-40, 55-25, and 55-30 and the 
10heading of Article 40 as follows:



11 (20 ILCS 301/Act title)


12An Act in relation to substance use disorders alcoholism, 
13other drug abuse and
dependency, and compulsive gambling,
and 
14amending and repealing named Acts.




15 (20 ILCS 301/1-1)



16 Sec. 1-1. Short Title. This Act may be cited as the 
17Substance Use Disorder Act. Alcoholism and Other Drug Abuse and 
18Dependency Act.

19(Source: P.A. 88-80.)





20 (20 ILCS 301/1-5)



21 Sec. 1-5. Legislative Declaration. Substance use 
 
 
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1disorders, as defined in this Act, constitute The abuse and 
2misuse of alcohol and
other drugs constitutes a serious public 
3health problem. The effects the effects of which on
public 
4safety and the criminal justice system cause serious social and 
5economic
losses, as well as great human suffering. It is 
6imperative that a
comprehensive and coordinated strategy be 
7developed under the leadership of a
State agency. This strategy 
8should be and implemented through the facilities of federal and 
9local
government and community-based agencies (which may be 
10public or private,
volunteer or professional). Through local

11prevention, early intervention, treatment, and
other recovery 
12support services, this strategy should empower those 
13struggling with substance use disorders (and, when 
14appropriate, the families of those persons) to lead healthy 
15lives and become productive citizens in the community. to 
16empower individuals and communities through local
prevention 
17efforts and to provide intervention, treatment, rehabilitation 
18and
other services to those who misuse alcohol or other drugs 
19(and, when
appropriate, the families of those persons) to lead 
20healthy and drug-free lives
and become productive citizens in 
21the community. 

22 The human, social, and economic benefits of preventing 
23substance use disorders alcohol and other
drug abuse and 
24dependence are great, and it is imperative that there be

25interagency cooperation in the planning and delivery of 
26prevention, early intervention, treatment, and other recovery 
 
 
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1support services in Illinois. alcohol and other drug
abuse 
2prevention, intervention, and treatment efforts in Illinois.

3 The provisions of this Act shall be liberally construed to 
4enable the
Department to carry out these objectives and 
5purposes.

6(Source: P.A. 88-80.)





7 (20 ILCS 301/1-10)



8 Sec. 1-10. Definitions. As used in this Act, unless the 
9context clearly
indicates otherwise, the following words and 
10terms have the following meanings:

11 "Case management" means a coordinated approach to the 
12delivery of health, substance use disorder treatment, mental 
13health treatment, and social services, linking patients with 
14appropriate services to address specific needs and achieve 
15stated goals. In general, case management assists patients with 
16other disorders and conditions that require multiple services 
17over extended periods of time and who face difficulty in 
18gaining access to those services. 
19 "Crime of violence" means any of the following crimes: 
20murder, voluntary
manslaughter, criminal sexual assault, 
21aggravated criminal sexual assault,
predatory criminal sexual 
22assault of a child,
armed robbery, robbery, arson, kidnapping, 
23aggravated battery, aggravated
arson, or any
other felony that 
24involves the use or threat of physical force or violence

25against another individual. 
 
 
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1 "Department" means the Department of Human Services. 
2 "DUI" means driving under the influence of alcohol or other 
3drugs. 
4 "Early intervention" means services, authorized by a 
5treatment license, that are sub-clinical and pre-diagnostic 
6and that are designed to screen, identify, and address risk 
7factors that may be related to problems associated with 
8substance use disorders and to assist individuals in 
9recognizing harmful consequences. Early intervention services 
10facilitate emotional and social stability and involves 
11referrals for treatment, as needed. 
12 "Facility" means the building or premises are used for the 
13provision
of licensable services, including support services, 
14as set forth by
rule. 
15 "Gambling disorder" means persistent and recurring 
16maladaptive gambling behavior that disrupts personal, family, 
17or vocational pursuits. 
18 "Holds itself out" means any activity that would lead one 
19to reasonably conclude that the individual or entity provides 
20or intends to provide licensable substance-related disorder 
21intervention or treatment services. Such activities include, 
22but are not limited to, advertisements, notices, statements, or 
23contractual arrangements with managed care organizations, 
24private health insurance, or employee assistance programs to 
25provide services that require a license as specified in Article 
2615. 
 
 
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1 "Informed consent" means legally valid written consent, 
2given by a client, patient, or legal guardian, that authorizes 
3intervention or treatment services from a licensed 
4organization and that documents agreement to participate in 
5those services and knowledge of the consequences of withdrawal 
6from such services. Informed consent also acknowledges the 
7client's or patient's right to a conflict-free choice of 
8services from any licensed organization and the potential risks 
9and benefits of selected services. 
10 "Intoxicated person" means a person whose mental or 
11physical functioning is
substantially impaired as a result of 
12the current effects of alcohol or other
drugs within the body. 
13 "Medication assisted treatment" means the prescription of 
14medications that are approved by the U.S. Food and Drug 
15Administration and the Center for Substance Abuse Treatment to 
16assist with treatment for a substance use disorder and to 
17support recovery for individuals receiving services in a 
18facility licensed by the Department. Medication assisted 
19treatment includes opioid treatment services as authorized by a 
20Department license. 
21 "Off-site services" means licensable services are

22conducted at a location separate from the licensed location of 
23the
provider, and services are operated by an entity licensed 
24under
this Act and approved in advance by the Department. 
25 "Person" means any individual, firm, group, association, 
26partnership,
corporation, trust, government or governmental 
 
 
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1subdivision or agency. 
2 "Prevention" means an interactive process of individuals, 
3families, schools,
religious organizations, communities and 
4regional, state and national
organizations whose goals are to 
5reduce the prevalence of substance use disorders, prevent the 
6use of illegal drugs and the
abuse of legal drugs by persons of 
7all ages, prevent the use of alcohol by
minors, build the 
8capacities of individuals and systems, and promote healthy

9environments, lifestyles, and behaviors. 
10 "Recovery" means the long-term, often lifelong, process in 
11a
person with a substance use disorder changes the way in he or 
12she makes decisions and establishes personal and
life 
13priorities. The evolution of this decision-making and 
14priority-setting
process is generally manifested by an obvious 
15improvement in the individual's
life and lifestyle and by his 
16or her overcoming the substance use disorder. Recovery is the 
17goal of treatment. 
18 "Recovery support" means an organized recovery maintenance 
19service, delivered in a wide variety of settings, for 
20individuals with substance use disorders who are either 
21recovering from such disorder or in treatment or have been 
22discharged from treatment. Designed to support individual 
23recovery, these services may be provided directly to the 
24individual or on behalf of the individual. Examples of such 
25services include: recovery support groups; recovery homes or 
26residences, individual recovery checkups; follow-up contacts 
 
 
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1and service coordination to obtain transportation, employment, 
2treatment, education, housing, or other applicable entitlement 
3services. 
4 "Secretary" means the Secretary of the Department of Human 
5Services or his or her designee. 
6 "Substance use disorder" means a disorder that encompasses 
710 separate classes of drugs: alcohol; caffeine; cannabis; 
8hallucinogens; inhalants; opioids; sedatives, hypnotics and 
9anxiolytics; stimulants; tobacco; and other unknown 
10substances. 
11 "Treatment" means the broad range of emergency, 
12outpatient, and residential care (including assessment, 
13diagnosis, case management, treatment, and recovery support 
14planning) may be extended to individuals with substance use 
15disorders or to the families of those persons. 
16 "Act" means the Alcoholism and Other Drug Abuse and 
17Dependency Act.

18 "Addict" means a person who exhibits the disease known as 
19"addiction".

20 "Addiction" means a disease process characterized by the 
21continued use of a
specific psycho-active substance despite 
22physical, psychological or social
harm. The term also describes 
23the advanced stages of chemical dependency.

24 "Administrator" means a person responsible for 
25administration of a program.

26 "Alcoholic" means a person who exhibits the disease known 
 
 
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1as "alcoholism". 

2 "Alcoholism" means a chronic and progressive disease or 
3illness
characterized by preoccupation with and loss of control 
4over the consumption of
alcohol, and the use of alcohol despite 
5adverse consequences. Typically,
combinations of the following 
6tendencies are also present: periodic or chronic
intoxication; 
7physical disability; impaired emotional, occupational or 
8social
adjustment; tendency toward relapse; a detrimental 
9effect on the individual,
his family and society; psychological 
10dependence; and physical dependence.
Alcoholism is also known 
11as addiction to alcohol. Alcoholism is described and
further 
12categorized in clinical detail in the DSM and the ICD.

13 "Array of services" means assistance to individuals, 
14families and communities
in response to alcohol or other drug 
15abuse or dependency. The array of
services includes, but is not 
16limited to: prevention assistance for communities
and schools; 
17case finding, assessment and intervention to help individuals 
18stop
abusing alcohol or other drugs; a uniform screening, 
19assessment, and evaluation process including criteria for 
20substance use disorders and mental disorders or co-occurring 
21substance use and mental health disorders; case management; 
22detoxification to aid
individuals in physically withdrawing 
23from alcohol or other drugs; short-term
and long-term treatment 
24and support services to help individuals and family
members 
25begin the process of recovery; prescription and dispensing of 
26the drug
methadone or other medications as an adjunct to 
 
 
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1treatment; relapse prevention
services; education and 
2counseling for children or other co-dependents of
alcoholics or 
3other drug abusers or addicts. For purposes of this Section, a 
4uniform screening, assessment, and evaluation process refers 
5to a process that includes an appropriate evaluation and, as 
6warranted, a referral. "Uniform" does not mean the use of a 
7singular instrument, tool, or process that all must utilize.

8 "Case management" means those services which will assist 
9individuals in
gaining access to needed social, educational, 
10medical, treatment and other
services.

11 "Children of alcoholics or drug addicts or abusers of 
12alcohol and other
drugs" means the minor or adult children of 
13individuals who have abused or been
dependent upon alcohol or 
14other drugs. These children may or may not become
dependent 
15upon alcohol or other drugs themselves; however, they are 
16physically,
psychologically, and behaviorally at high risk of 
17developing the illness.
Children of alcoholics and other drug 
18abusers experience emotional and other
problems, and benefit 
19from prevention and treatment services provided by funded
and 
20non-funded agencies licensed by the Department.

21 "Co-dependents" means individuals who are involved in the 
22lives of and are
affected by people who are dependent upon 
23alcohol and other drugs.
Co-dependents compulsively engage in 
24behaviors that cause them to suffer
adverse physical, 
25emotional, familial, social, behavioral, vocational, and
legal 
26consequences as they attempt to cope with the alcohol or drug 
 
 
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1dependent
person. People who become co-dependents include 
2spouses, parents, siblings,
and friends of alcohol or drug 
3dependent people. Co-dependents benefit from
prevention and 
4treatment services provided by agencies licensed by the

5Department.

6 "Controlled substance" means any substance or immediate 
7precursor which is
enumerated in the schedules of Article II of 
8the Illinois Controlled Substances
Act or the Cannabis Control 
9Act. 

10 "Crime of violence" means any of the following crimes: 
11murder, voluntary
manslaughter, criminal sexual assault, 
12aggravated criminal sexual assault,
predatory criminal sexual 
13assault of a child,
armed robbery, robbery, arson, kidnapping, 
14aggravated battery, aggravated
arson, or any
other felony which 
15involves the use or threat of physical force or violence

16against another individual.

17 "Department" means the Illinois Department of Human 
18Services as successor to
the former Department of Alcoholism 
19and Substance Abuse.

20 "Designated program" means a program designated by the 
21Department to provide
services described in subsection (c) or 
22(d) of Section 15-10 of this Act.
A
designated program's 
23primary function is screening, assessing, referring and

24tracking clients identified by the criminal justice system, and 
25the program
agrees to apply statewide the standards, uniform 
26criteria and procedures
established by the Department pursuant 
 
 
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1to such designation.

2 "Detoxification" means the process of allowing an 
3individual to safely
withdraw from a drug in a controlled 
4environment.

5 "DSM" means the most current edition of the Diagnostic and 
6Statistical
Manual of Mental Disorders.

7 "D.U.I." means driving under the influence of alcohol or 
8other substances
which may cause impairment of driving ability.

9 "Facility" means the building or premises which are used 
10for the provision
of licensable program services, including 
11support services, as set forth by
rule.

12 "ICD" means the most current edition of the International 
13Classification of
Diseases.

14 "Incapacitated" means that a person is unconscious or 
15otherwise exhibits, by
overt behavior or by extreme physical 
16debilitation, an inability to care for
his own needs or to 
17recognize the obvious danger of his situation or to make

18rational decisions with respect to his need for treatment.

19 "Intermediary person" means a person with expertise 
20relative to addiction,
alcoholism, and the abuse of alcohol or 
21other drugs who may be called on to
assist the police in 
22carrying out enforcement or other activities with respect
to 
23persons who abuse or are dependent on alcohol or other drugs.

24 "Intervention" means readily accessible activities which 
25assist individuals
and their partners or family members in 
26coping with the immediate problems of
alcohol and other drug 
 
 
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1abuse or dependency, and in reducing their alcohol and
other 
2drug use. Intervention can facilitate emotional and social 
3stability, and
involves referring people for further treatment 
4as needed.

5 "Intoxicated person" means a person whose mental or 
6physical functioning is
substantially impaired as a result of 
7the current effects of alcohol or other
drugs within the body.

8 "Local advisory council" means an alcohol and substance 
9abuse body
established in a county, township or community area, 
10which represents public
and private entities having an interest 
11in the prevention and treatment of
alcoholism or other drug 
12abuse.

13 "Off-site services" means licensable program services or 
14activities which are
conducted at a location separate from the 
15primary service location of the
provider, and which services 
16are operated by a program or entity licensed under
this Act.

17 "Person" means any individual, firm, group, association, 
18partnership,
corporation, trust, government or governmental 
19subdivision or agency.

20 "Prevention" means an interactive process of individuals, 
21families, schools,
religious organizations, communities and 
22regional, state and national
organizations to reduce 
23alcoholism, prevent the use of illegal drugs and the
abuse of 
24legal drugs by persons of all ages, prevent the use of alcohol 
25by
minors, build the capacities of individuals and systems, and 
26promote healthy
environments, lifestyles and behaviors.

 
 
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1 "Program" means a licensable or fundable activity or 
2service, or a
coordinated range of such activities or services, 
3as the Department may
establish by rule.

4 "Recovery" means the long-term, often life-long, process 
5in which an addicted
person changes the way in which he makes 
6decisions and establishes personal and
life priorities. The 
7evolution of this decision-making and priority-setting
process 
8is generally manifested by an obvious improvement in the 
9individual's
life and lifestyle and by his overcoming the abuse 
10of or
dependence on alcohol or other drugs. Recovery is also 
11generally manifested by
prolonged periods of abstinence from 
12addictive chemicals which are not
medically supervised. 
13Recovery is the goal of treatment.

14 "Rehabilitation" means a process whereby those clinical 
15services necessary
and appropriate for improving an 
16individual's life and lifestyle and for
overcoming his or her 
17abuse of or dependency upon alcohol or other drugs, or
both, 
18are delivered in an appropriate setting and manner as defined 
19in rules
established by the Department.

20 "Relapse" means a process which is manifested by a 
21progressive pattern of
behavior that reactivates the symptoms 
22of a disease or creates debilitating
conditions in an 
23individual who has experienced remission from addiction or

24alcoholism.

25 "Secretary" means the Secretary of Human Services or his or 
26her designee.

 
 
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1 "Substance abuse" or "abuse" means a pattern of use of 
2alcohol or other drugs
with the potential of leading to 
3immediate functional problems or to alcoholism
or other drug 
4dependency, or to the use of alcohol and/or other drugs solely

5for purposes of intoxication. The term also means the use of 
6illegal drugs by
persons of any age, and the use of alcohol by 
7persons under the age of 21.

8 "Treatment" means the broad range of emergency, 
9outpatient, intermediate
and residential services and care 
10(including assessment, diagnosis, medical,
psychiatric, 
11psychological and social services, care and counseling, and

12aftercare) which may be extended to individuals who abuse or 
13are dependent
on alcohol or other drugs or families of those 
14persons.

15(Source: P.A. 97-1061, eff. 8-24-12.)





16 (20 ILCS 301/5-5)



17 Sec. 5-5. Successor department; home rule. 

18 (a) The Department of Human Services, as successor to the 
19Department of
Alcoholism and Substance Abuse, shall
assume the 
20various rights, powers, duties, and functions provided for in

21this Act.

22 (b) It is declared to be the public policy of this State, 
23pursuant to
paragraphs (h) and (i) of Section 6 of Article VII 
24of the Illinois Constitution
of 1970, that the powers and 
25functions set forth in this Act and expressly
delegated to the 
 
 
SB2834- 15 -LRB100 16078 KTG 33917 b


1Department
are exclusive State powers and functions. Nothing 
2herein prohibits the
exercise of any power or the performance 
3of any function, including the power
to regulate, for the 
4protection of the public health, safety, morals and
welfare, by 
5any unit of local government, other than the powers and 
6functions
set forth in this Act and expressly delegated to the 
7Department to be exclusive
State powers and functions.

8 (c) The Department shall, through accountable and 
9efficient leadership,
example and commitment to excellence, 
10strive to reduce the incidence of substance use disorders by: 
11and
consequences of the abuse of alcohol and other drugs by:


12  (1) fostering public understanding of substance use 
13 disorders and how they affect individuals, families, and 
14 communities. alcoholism and addiction as
illnesses which 
15 affect individuals, co-dependents, families and

16 communities.


17  (2) promoting healthy lifestyles.


18  (3) promoting understanding and support for sound 
19 public policies.


20  (4) ensuring quality prevention, early intervention, 
21 treatment, and other recovery support intervention and 
22 treatment programs and
services that which are accessible 
23 and responsive to the diverse needs of
individuals, 
24 families, and communities.

25(Source: P.A. 88-80; 89-202, eff. 7-21-95; 89-507, eff. 
267-1-97.)




 
 
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1 (20 ILCS 301/5-10)


2 (Text of Section before amendment by P.A. 100-494)

3 Sec. 5-10. Functions of the Department. 

4 (a) In addition to the powers, duties and functions vested 
5in the Department
by this Act, or by other laws of this State, 
6the Department shall carry out the
following activities:

7  (1) Design, coordinate and fund a comprehensive and 
8 coordinated
community-based and culturally and 
9 gender-appropriate array of services
throughout the State 
10 for the prevention, intervention, treatment and

11 rehabilitation of alcohol and other drug abuse and 
12 dependency that is
accessible and addresses the needs of 
13 at-risk or addicted individuals and their
families.

14  (2) Act as the exclusive State agency to accept, 
15 receive and expend,
pursuant to appropriation, any public 
16 or private monies, grants or services,
including those 
17 received from the federal government or from other State

18 agencies, for the purpose of providing an array of services 
19 for the prevention,
intervention, treatment and 
20 rehabilitation of alcoholism or other drug abuse or

21 dependency. Monies received by the Department shall be 
22 deposited into
appropriate funds as may be created by State 
23 law or administrative action.

24  (3) Coordinate a statewide strategy among State 
25 agencies for the
prevention, intervention, treatment and 
 
 
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1 rehabilitation of alcohol and other
drug abuse and 
2 dependency. This strategy shall include the development of 
3 an
annual comprehensive State plan for the provision of an 
4 array of services for
education, prevention, intervention, 
5 treatment, relapse prevention and other
services and 
6 activities to alleviate alcoholism and other drug abuse and

7 dependency. The plan shall be based on local 
8 community-based needs and upon
data including, but not 
9 limited to, that which defines the prevalence of and
costs 
10 associated with the abuse of and dependency upon alcohol 
11 and other drugs.
This comprehensive State plan shall 
12 include identification of problems, needs,
priorities, 
13 services and other pertinent information, including the 
14 needs of
minorities and other specific populations in the 
15 State, and shall describe how
the identified problems and 
16 needs will be addressed. For purposes of this
paragraph, 
17 the term "minorities and other specific populations" may 
18 include,
but shall not be limited to, groups such as women, 
19 children, intravenous drug
users, persons with AIDS or who 
20 are HIV infected, African-Americans, Puerto
Ricans, 
21 Hispanics, Asian Americans, the elderly, persons in the 
22 criminal
justice system, persons who are clients of 
23 services provided by other State
agencies, persons with 
24 disabilities and such other specific populations as the

25 Department may from time to time identify. In developing 
26 the plan, the
Department shall seek input from providers, 
 
 
SB2834- 18 -LRB100 16078 KTG 33917 b


1 parent groups, associations and
interested citizens.

2  Beginning with State fiscal year 1996, the annual 
3 comprehensive State plan
developed under this Section 
4 shall include an explanation of the rationale to
be used in 
5 ensuring that funding shall be based upon local community 
6 needs,
including, but not limited to, the incidence and 
7 prevalence of, and costs
associated with, the abuse of and 
8 dependency upon alcohol and other drugs, as
well as upon 
9 demonstrated program performance.

10  The annual comprehensive State plan developed under 
11 this Section shall
contain a report detailing the 
12 activities of and progress made by the programs
for the 
13 care and treatment of addicted pregnant women, addicted 
14 mothers and
their children established under subsection 
15 (j) of Section 35-5 of this Act. 

16  Each State agency which provides or funds alcohol or 
17 drug prevention,
intervention and treatment services shall 
18 annually prepare an agency plan for
providing such 
19 services, and these shall be used by the Department in 
20 preparing
the annual comprehensive statewide plan. Each 
21 agency's annual plan for alcohol
and drug abuse services 
22 shall contain a report on the activities and progress
of 
23 such services in the prior year. The Department may provide 
24 technical
assistance to other State agencies, as required, 
25 in the development of their
agency plans.

26  (4) Lead, foster and develop cooperation, coordination 
 
 
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1 and agreements
among federal and State governmental 
2 agencies and local providers that provide
assistance, 
3 services, funding or other functions, peripheral or 
4 direct, in the
prevention, intervention, treatment or 
5 rehabilitation of alcoholism and other
drug abuse and 
6 dependency. This shall include, but shall not be limited 
7 to,
the following:


8   (A) Cooperate with and assist the Department of 
9 Corrections and
the Department on Aging in 
10 establishing and conducting programs relating to 
11 alcoholism
and other drug abuse and dependency among 
12 those populations which they
respectively serve.

13   (B) Cooperate with and assist the Illinois 
14 Department of Public Health
in the establishment, 
15 funding and support of programs and services for the

16 promotion of maternal and child health and the 
17 prevention and treatment of
infectious diseases, 
18 including but not limited to HIV infection, especially

19 with respect to those persons who may abuse drugs by 
20 intravenous injection, or
may have been sexual 
21 partners of drug abusers, or may have abused substances 
22 so
that their immune systems are impaired, causing them 
23 to be at high risk.

24   (C) Supply to the Department of Public Health and 
25 prenatal care
providers a list of all alcohol and other 
26 drug abuse service providers for
addicted pregnant 
 
 
SB2834- 20 -LRB100 16078 KTG 33917 b


1 women in this State.

2   (D) Assist in the placement of child abuse or 
3 neglect perpetrators
(identified by the Illinois 
4 Department of Children and Family Services) who
have 
5 been determined to be in need of alcohol or other drug 
6 abuse services
pursuant to Section 8.2 of the Abused 
7 and Neglected Child Reporting Act.

8   (E) Cooperate with and assist the Illinois 
9 Department of Children and
Family Services in carrying 
10 out its mandates to:

11    (i) identify alcohol and other drug abuse 
12 issues among its clients and
their families; and

13    (ii) develop programs and services to deal 
14 with such problems.

15  These programs and services may include, but shall not 
16 be limited to,
programs to prevent the abuse of alcohol 
17 or other drugs by DCFS clients and
their families, 
18 rehabilitation services, identifying child care needs 
19 within
the array of alcohol and other drug abuse 
20 services, and assistance with other
issues as 
21 required.

22   (F) Cooperate with and assist the Illinois 
23 Criminal Justice Information
Authority with respect to 
24 statistical and other information concerning drug

25 abuse incidence and prevalence.

26   (G) Cooperate with and assist the State 
 
 
SB2834- 21 -LRB100 16078 KTG 33917 b


1 Superintendent of Education,
boards of education, 
2 schools, police departments, the Illinois Department 
3 of
State Police, courts and other public and private 
4 agencies and individuals in
establishing prevention 
5 programs statewide and preparing curriculum materials

6 for use at all levels of education. An agreement shall 
7 be entered into with the
State Superintendent of 
8 Education to assist in the establishment of such

9 programs.

10   (H) Cooperate with and assist the Illinois 
11 Department of Healthcare and Family Services in
the 
12 development and provision of services offered to 
13 recipients of public
assistance for the treatment and 
14 prevention of alcoholism and other drug abuse
and 
15 dependency.

16   (I) Provide training recommendations to other 
17 State agencies funding
alcohol or other drug abuse 
18 prevention, intervention, treatment or
rehabilitation 
19 services.

20  (5) From monies appropriated to the Department from the 
21 Drunk and Drugged
Driving Prevention Fund, make grants to 
22 reimburse DUI evaluation and remedial
education programs 
23 licensed by the Department for the costs of providing

24 indigent persons with free or reduced-cost services 
25 relating to a charge of
driving under the influence of 
26 alcohol or other drugs. 

 
 
SB2834- 22 -LRB100 16078 KTG 33917 b


1  (6) Promulgate regulations to provide appropriate 
2 standards for publicly
and privately funded programs as 
3 well as for levels of payment to government
funded programs 
4 which provide an array of services for prevention,

5 intervention, treatment and rehabilitation for alcoholism 
6 and other drug abuse
or dependency.

7  (7) In consultation with local service providers, 
8 specify a uniform
statistical methodology for use by 
9 agencies, organizations, individuals and the
Department 
10 for collection and dissemination of statistical 
11 information
regarding services related to alcoholism and 
12 other drug use and abuse. This
shall include prevention 
13 services delivered, the number of persons treated,

14 frequency of admission and readmission, and duration of 
15 treatment.

16  (8) Receive data and assistance from federal, State and 
17 local governmental
agencies, and obtain copies of 
18 identification and arrest data from all federal,
State and 
19 local law enforcement agencies for use in carrying out the 
20 purposes
and functions of the Department.

21  (9) Designate and license providers to conduct 
22 screening, assessment,
referral and tracking of clients 
23 identified by the criminal justice system as
having 
24 indications of alcoholism or other drug abuse or dependency 
25 and being
eligible to make an election for treatment under 
26 Section 40-5 of this Act, and
assist in the placement of 
 
 
SB2834- 23 -LRB100 16078 KTG 33917 b


1 individuals who are under court order to participate
in 
2 treatment.

3  (10) Designate medical examination and other programs 
4 for determining
alcoholism and other drug abuse and 
5 dependency.

6  (11) Encourage service providers who receive financial 
7 assistance in any
form from the State to assess and collect 
8 fees for services rendered.

9  (12) Make grants with funds appropriated from the Drug 
10 Treatment Fund in
accordance with Section 7 of the 
11 Controlled Substance and Cannabis Nuisance
Act, or in 
12 accordance with Section 80 of the Methamphetamine Control 
13 and Community Protection Act, or in accordance with 
14 subsections (h) and (i) of Section 411.2 of the
Illinois 
15 Controlled Substances Act. 

16  (13) Encourage all health and disability insurance 
17 programs to include
alcoholism and other drug abuse and 
18 dependency as a covered illness.

19  (14) Make such agreements, grants-in-aid and 
20 purchase-care arrangements
with any other department, 
21 authority or commission of this State, or any other
state 
22 or the federal government or with any public or private 
23 agency, including
the disbursement of funds and furnishing 
24 of staff, to effectuate the purposes
of this Act.

25  (15) Conduct a public information campaign to inform 
26 the State's
Hispanic residents regarding the prevention 
 
 
SB2834- 24 -LRB100 16078 KTG 33917 b


1 and treatment of alcoholism.

2 (b) In addition to the powers, duties and functions vested 
3in it by this
Act, or by other laws of this State, the 
4Department may undertake, but shall
not be limited to, the 
5following activities:

6  (1) Require all programs funded by the Department to 
7 include an education
component to inform participants 
8 regarding the causes and means of transmission
and methods 
9 of reducing the risk of acquiring or transmitting HIV 
10 infection,
and to include funding for such education 
11 component in its support of the
program.

12  (2) Review all State agency applications for federal 
13 funds which include
provisions relating to the prevention, 
14 early intervention and treatment of
alcoholism and other 
15 drug abuse and dependency in order to ensure consistency

16 with the comprehensive statewide plan developed pursuant 
17 to this Act.

18  (3) Prepare, publish, evaluate, disseminate and serve 
19 as a central
repository for educational materials dealing 
20 with the nature and effects of
alcoholism and other drug 
21 abuse and dependency. Such materials may deal with
the 
22 educational needs of the citizens of Illinois, and may 
23 include at least
pamphlets which describe the causes and 
24 effects of fetal alcohol syndrome,
which the Department may 
25 distribute free of charge to each county clerk in

26 sufficient quantities that the county clerk may provide a 
 
 
SB2834- 25 -LRB100 16078 KTG 33917 b


1 pamphlet to the
recipients of all marriage licenses issued 
2 in the county.

3  (4) Develop and coordinate, with regional and local 
4 agencies, education
and training programs for persons 
5 engaged in providing the array of services
for persons 
6 having alcoholism or other drug abuse and dependency 
7 problems,
which programs may include specific HIV 
8 education and training for program
personnel.

9  (5) Cooperate with and assist in the development of 
10 education, prevention
and treatment programs for employees 
11 of State and local governments and
businesses in the State.

12  (6) Utilize the support and assistance of interested 
13 persons in the
community, including recovering addicts and 
14 alcoholics, to assist individuals
and communities in 
15 understanding the dynamics of addiction, and to encourage

16 individuals with alcohol or other drug abuse or dependency 
17 problems to
voluntarily undergo treatment.

18  (7) Promote, conduct, assist or sponsor basic 
19 clinical, epidemiological
and statistical research into 
20 alcoholism and other drug abuse and dependency,
and 
21 research into the prevention of those problems either 
22 solely or in
conjunction with any public or private agency.

23  (8) Cooperate with public and private agencies, 
24 organizations and
individuals in the development of 
25 programs, and to provide technical assistance
and 
26 consultation services for this purpose.

 
 
SB2834- 26 -LRB100 16078 KTG 33917 b


1  (9) Publish or provide for the publishing of a manual 
2 to assist medical
and social service providers in 
3 identifying alcoholism and other drug abuse and
dependency 
4 and coordinating the multidisciplinary delivery of 
5 services to
addicted pregnant women, addicted mothers and 
6 their children. The manual may
be used only to provide 
7 information and may not be used by the Department to

8 establish practice standards. The Department may not 
9 require recipients to use
specific providers nor may they 
10 require providers to refer recipients to
specific 
11 providers. The manual may include, but need not be limited 
12 to, the
following:

13   (A) Information concerning risk assessments of 
14 women seeking prenatal,
natal, and postnatal medical 
15 care.

16   (B) Information concerning risk assessments of 
17 infants who may be
substance-affected.

18   (C) Protocols that have been adopted by the 
19 Illinois Department of
Children and Family Services 
20 for the reporting and investigation of allegations
of 
21 child abuse or neglect under the Abused and Neglected 
22 Child Reporting Act.

23   (D) Summary of procedures utilized in juvenile 
24 court in cases of
children alleged or found to be 
25 abused or neglected as a result of being born
to 
26 addicted women.

 
 
SB2834- 27 -LRB100 16078 KTG 33917 b


1   (E) Information concerning referral of addicted 
2 pregnant women,
addicted mothers and their children by 
3 medical, social service, and substance
abuse treatment 
4 providers, by the Departments of Children and Family 
5 Services, Public Aid, Public Health, and
Human 
6 Services.

7   (F) Effects of substance abuse on infants and 
8 guidelines on the
symptoms, care, and comfort of 
9 drug-withdrawing infants.

10   (G) Responsibilities of the Illinois Department of 
11 Public Health to
maintain statistics on the number of 
12 children in Illinois addicted at birth.

13  (10) To the extent permitted by federal law or 
14 regulation, establish and
maintain a clearinghouse and 
15 central repository for the development and
maintenance of a 
16 centralized data collection and dissemination system and a

17 management information system for all alcoholism and other 
18 drug abuse
prevention, early intervention and treatment 
19 services.

20  (11) Fund, promote or assist programs, services, 
21 demonstrations or
research dealing with addictive or 
22 habituating behaviors detrimental to the
health of 
23 Illinois citizens.

24  (12) With monies appropriated from the Group Home Loan 
25 Revolving Fund,
make loans, directly or through 
26 subcontract, to assist in underwriting the
costs of housing 
 
 
SB2834- 28 -LRB100 16078 KTG 33917 b


1 in which individuals recovering from alcohol or other drug

2 abuse or dependency may reside in groups of not less than 6 
3 persons, pursuant
to Section 50-40 of this Act.

4  (13) Promulgate such regulations as may be necessary 
5 for the
administration of grants or to otherwise carry out 
6 the purposes and enforce the
provisions of this Act.

7  (14) Fund programs to help parents be effective in 
8 preventing
substance abuse by building an awareness of 
9 drugs and alcohol and the family's
role in preventing abuse 
10 through adjusting expectations, developing new skills,
and 
11 setting positive family goals. The programs shall include, 
12 but not be
limited to, the following subjects: healthy 
13 family communication; establishing
rules and limits; how 
14 to reduce family conflict; how to build self-esteem,

15 competency, and responsibility in children; how to improve 
16 motivation and
achievement; effective discipline; problem 
17 solving techniques; and how to talk
about drugs and 
18 alcohol. The programs shall be open to all parents.

19(Source: P.A. 94-556, eff. 9-11-05; 95-331, eff. 8-21-07.)


20 (Text of Section after amendment by P.A. 100-494)

21 Sec. 5-10. Functions of the Department. 

22 (a) In addition to the powers, duties and functions vested 
23in the Department
by this Act, or by other laws of this State, 
24the Department shall carry out the
following activities:

25  (1) Design, coordinate and fund comprehensive a 
 
 
SB2834- 29 -LRB100 16078 KTG 33917 b


1 comprehensive and coordinated
community-based and 
2 culturally and gender-appropriate array of services

3 throughout the State. These services must include

4 prevention, early intervention, treatment, and other

5 recovery support services for substance use disorders that

6 are accessible and addresses the needs of at-risk

7 individuals and their families. for the prevention, 
8 intervention, treatment and
rehabilitation of alcohol and 
9 other drug abuse and dependency that is
accessible and 
10 addresses the needs of at-risk or addicted individuals and 
11 their
families.

12  (2) Act as the exclusive State agency to accept, 
13 receive and expend,
pursuant to appropriation, any public 
14 or private monies, grants or services,
including those 
15 received from the federal government or from other State

16 agencies, for the purpose of providing prevention, early

17 intervention, treatment, and other recovery support

18 services for substance use disorders. an array of services 
19 for the prevention,
intervention, treatment and 
20 rehabilitation of alcoholism or other drug abuse or

21 dependency. Monies received by the Department shall be 
22 deposited into
appropriate funds as may be created by State 
23 law or administrative action.

24  (2.5) In partnership with the Department of Healthcare 
25 and Family Services, act as one of the principal State 
26 agencies for the sole purpose of calculating the 
 
 
SB2834- 30 -LRB100 16078 KTG 33917 b


1 maintenance of effort requirement under Section 1930 of 
2 Title XIX, Part B, Subpart II of the Public Health Service 
3 Act (42 U.S.C. 300x-30) and the Interim Final Rule (45 CFR 
4 96.134). 
5  (3) Coordinate a statewide strategy among State 
6 agencies for the
prevention, early intervention,

7 treatment, and recovery support of substance use

8 disorders. This strategy shall include the development of a

9 comprehensive plan, submitted annually with the

10 application for federal substance use disorder block grant

11 funding, for the provision of an array of such services. 
12 intervention, treatment and rehabilitation of alcohol and 
13 other
drug abuse and dependency. This strategy shall 
14 include the development of an
annual comprehensive State 
15 plan for the provision of an array of services for

16 education, prevention, intervention, treatment, relapse 
17 prevention and other
services and activities to alleviate 
18 alcoholism and other drug abuse and
dependency. The plan 
19 shall be based on local community-based needs and upon
data 
20 including, but not limited to, that which defines the 
21 prevalence of and
costs associated with substance use

22 disorders. the abuse of and dependency upon alcohol and 
23 other drugs.
This comprehensive State plan shall include 
24 identification of problems, needs,
priorities, services 
25 and other pertinent information, including the needs of

26 minorities and other specific priority populations in the 
 
 
SB2834- 31 -LRB100 16078 KTG 33917 b


1 State, and shall describe how
the identified problems and 
2 needs will be addressed. For purposes of this
paragraph, 
3 the term "minorities and other specific priority 
4 populations" may include,
but shall not be limited to, 
5 groups such as women, children, intravenous drug
users, 
6 persons with AIDS or who are HIV infected, veterans, 
7 African-Americans, Puerto
Ricans, Hispanics, Asian 
8 Americans, the elderly, persons in the criminal
justice 
9 system, persons who are clients of services provided by 
10 other State
agencies, persons with disabilities and such 
11 other specific populations as the
Department may from time 
12 to time identify. In developing the plan, the
Department 
13 shall seek input from providers, parent groups, 
14 associations and
interested citizens.

15  The Beginning with State fiscal year 1996, the annual 
16 comprehensive State plan
developed under this Section 
17 shall include an explanation of the rationale to
be used in 
18 ensuring that funding shall be based upon local community 
19 needs,
including, but not limited to, the incidence and 
20 prevalence of, and costs
associated with, substance use

21 disorders, the abuse of and dependency upon alcohol and 
22 other drugs, as
well as upon demonstrated program 
23 performance.

24  The annual comprehensive State plan developed under 
25 this Section shall
also contain a report detailing the 
26 activities of and progress made through services for the

 
 
SB2834- 32 -LRB100 16078 KTG 33917 b


1 care and treatment of substance use disorders among

2 pregnant women and mothers and their children established

3 under subsection (j) of Section 35-5. by the programs
for 
4 the care and treatment of addicted pregnant women, addicted 
5 mothers and
their children established under subsection 
6 (j) of Section 35-5 of this Act. 

7  As applicable, the plan developed under this Section

8 shall also include information about funding by other State

9 agencies for prevention, early intervention, treatment,

10 and other recovery support services. 
11  Each State agency which provides or funds alcohol or 
12 drug prevention,
intervention and treatment services shall 
13 annually prepare an agency plan for
providing such 
14 services, and these shall be used by the Department in 
15 preparing
the annual comprehensive statewide plan. Each 
16 agency's annual plan for alcohol
and drug abuse services 
17 shall contain a report on the activities and progress
of 
18 such services in the prior year. The Department may provide 
19 technical
assistance to other State agencies, as required, 
20 in the development of their
agency plans.

21  (4) Lead, foster and develop cooperation, coordination 
22 and agreements
among federal and State governmental 
23 agencies and local providers that provide
assistance, 
24 services, funding or other functions, peripheral or 
25 direct, in the
prevention, early intervention, treatment,

26 and recovery support for substance use disorders. 
 
 
SB2834- 33 -LRB100 16078 KTG 33917 b


1 intervention, treatment or rehabilitation of alcoholism 
2 and other
drug abuse and dependency. This shall include, 
3 but shall not be limited to,
the following:

4   (A) Cooperate with and assist other State

5 agencies, as applicable, in establishing and

6 conducting substance use disorder services among the

7 populations they respectively serve. the Department of 
8 Corrections and
the Department on Aging in 
9 establishing and conducting programs relating to 
10 alcoholism
and other drug abuse and dependency among 
11 those populations which they
respectively serve.

12   (B) Cooperate with and assist the Illinois 
13 Department of Public Health
in the establishment, 
14 funding and support of programs and services for the

15 promotion of maternal and child health and the 
16 prevention and treatment of
infectious diseases, 
17 including but not limited to HIV infection, especially

18 with respect to those persons who are high risk due to

19 intravenous injection of illegal drugs, or who may have

20 been sexual partners of these individuals, or who may

21 have impaired immune systems as a result of a
substance 
22 use disorder. may abuse drugs by intravenous 
23 injection, or
may have been sexual partners of drug 
24 abusers, or may have abused substances so
that their 
25 immune systems are impaired, causing them to be at high 
26 risk.

 
 
SB2834- 34 -LRB100 16078 KTG 33917 b


1   (C) Supply to the Department of Public Health and 
2 prenatal care
providers a list of all providers who are

3 licensed to provide substance use disorder treatment

4 for pregnant women in this State. alcohol and other 
5 drug abuse service providers for
addicted pregnant 
6 women in this State.

7   (D) Assist in the placement of child abuse or 
8 neglect perpetrators
(identified by the Illinois 
9 Department of Children and Family Services (DCFS)) who

10 have been determined to be in need of substance use

11 disorder treatment alcohol or other drug abuse 
12 services
pursuant to Section 8.2 of the Abused and 
13 Neglected Child Reporting Act.

14   (E) Cooperate with and assist DCFS the Illinois 
15 Department of Children and
Family Services in carrying 
16 out its mandates to:

17    (i) identify substance use disorders alcohol 
18 and other drug abuse issues among its clients and

19 their families; and

20    (ii) develop programs and services to deal 
21 with such disorders problems.

22  These programs and services may include, but shall not 
23 be limited to,
programs to prevent or treat substance

24 use disorders with DCFS clients and their families,

25 identifying child care needs within such treatment, 
26 the abuse of alcohol or other drugs by DCFS clients and

 
 
SB2834- 35 -LRB100 16078 KTG 33917 b


1 their families, rehabilitation services, identifying 
2 child care needs within
the array of alcohol and other 
3 drug abuse services, and assistance with other
issues 
4 as required.

5   (F) Cooperate with and assist the Illinois 
6 Criminal Justice Information
Authority with respect to 
7 statistical and other information concerning the drug

8 abuse incidence and prevalence of substance use

9 disorders.

10   (G) Cooperate with and assist the State 
11 Superintendent of Education,
boards of education, 
12 schools, police departments, the Illinois Department 
13 of
State Police, courts and other public and private 
14 agencies and individuals in
establishing prevention 
15 programs statewide and preparing curriculum materials

16 for use at all levels of education. An agreement shall 
17 be entered into with the
State Superintendent of 
18 Education to assist in the establishment of such

19 programs.

20   (H) Cooperate with and assist the Illinois 
21 Department of Healthcare and Family Services in
the 
22 development and provision of services offered to 
23 recipients of public
assistance for the treatment and 
24 prevention of substance use disorders. alcoholism and 
25 other drug abuse
and dependency.

26   (I) (Blank). Provide training recommendations to 
 
 
SB2834- 36 -LRB100 16078 KTG 33917 b


1 other State agencies funding
alcohol or other drug 
2 abuse prevention, intervention, treatment or

3 rehabilitation services.

4  (5) From monies appropriated to the Department from the 
5 Drunk and Drugged
Driving Prevention Fund, make grants to 
6 reimburse DUI evaluation and risk remedial
education 
7 programs licensed by the Department for the costs of 
8 providing
indigent persons with free or reduced-cost 
9 evaluation and risk education services relating to a charge 
10 of
driving under the influence of alcohol or other drugs. 

11  (6) Promulgate regulations to provide appropriate 
12 facility and clinical standards for publicly
and privately 
13 funded programs as well as for levels of payment to 
14 government
funded programs that which provide an array of 
15 services for prevention,
early intervention, treatment, 
16 and other recovery support services for substance use 
17 disorders and those services referenced in Sections 15-10

18 and 40-5. and rehabilitation for alcoholism and other drug 
19 abuse
or dependency.

20  (7) In consultation with local service providers and

21 related trade associations, specify a uniform
statistical 
22 methodology for use by funded providers agencies, 
23 organizations, individuals and the
Department for billing

24 and collection and dissemination of statistical 
25 information
regarding services related to substance use

26 disorders. alcoholism and other drug use and abuse. This

 
 
SB2834- 37 -LRB100 16078 KTG 33917 b


1 shall include prevention services delivered, the number of 
2 persons treated,
frequency of admission and readmission, 
3 and duration of treatment.

4  (8) Receive data and assistance from federal, State and 
5 local governmental
agencies, and obtain copies of 
6 identification and arrest data from all federal,
State and 
7 local law enforcement agencies for use in carrying out the 
8 purposes
and functions of the Department.

9  (9) License treatment Designate and license providers 
10 to conduct screening, assessment,
referral and tracking of 
11 clients identified by the criminal justice system as
having 
12 indications of substance use
disorders alcoholism or other 
13 drug abuse or dependency and being
eligible to make an 
14 election for treatment under Section 40-5 of this Act, and

15 assist in the placement of individuals who are under court 
16 order to participate
in treatment.

17  (10) Designate medical and clinical standards through

18 administrative rule that will be utilized to determine a

19 substance use disorder diagnosis. examination and other 
20 programs for determining
alcoholism and other drug abuse 
21 and dependency.

22  (11) (Blank). Encourage service providers who receive 
23 financial assistance in any
form from the State to assess 
24 and collect fees for services rendered.

25  (12) Make grants with funds appropriated from the Drug 
26 Treatment Fund in
accordance with Section 7 of the 
 
 
SB2834- 38 -LRB100 16078 KTG 33917 b


1 Controlled Substance and Cannabis Nuisance
Act, or in 
2 accordance with Section 80 of the Methamphetamine Control 
3 and Community Protection Act, or in accordance with 
4 subsections (h) and (i) of Section 411.2 of the
Illinois 
5 Controlled Substances Act. 

6  (13) Encourage all health and disability insurance 
7 programs to include
substance use disorder
treatment as a 
8 covered service and to use the clinical
standards adopted 
9 by the Department in determining
medical necessity for such 
10 services and criteria for
continuing stay. alcoholism and 
11 other drug abuse and dependency as a covered illness.

12  (14) Award grants and enter into fixed-rate and 
13 fee-for-service Make such agreements, grants-in-aid and 
14 purchase-care arrangements
with any other department, 
15 authority or commission of this State, or any other
state 
16 or the federal government or with any public or private 
17 agency, including
the disbursement of funds and furnishing 
18 of staff, to effectuate the purposes
of this Act.

19  (15) Conduct a public information campaign to inform 
20 the State's
Hispanic residents regarding the prevention 
21 and treatment of substance use disorders. alcoholism.

22 (b) In addition to the powers, duties and functions vested 
23in it by this
Act, or by other laws of this State, the 
24Department may undertake, but shall
not be limited to, the 
25following activities:

26  (1) Require all organizations licensed or programs 
 
 
SB2834- 39 -LRB100 16078 KTG 33917 b


1 funded by the Department to include an education
component 
2 to inform participants regarding the causes and means of 
3 transmission
and methods of reducing the risk of acquiring 
4 or transmitting HIV infection and other infectious

5 diseases,
and to include funding for such education 
6 component in its support of the
program.

7  (2) Review all State agency applications for federal 
8 funds that which include
provisions relating to the 
9 prevention, early intervention and treatment of
substance 
10 use
disorders in order to ensure consistency. alcoholism 
11 and other drug abuse and dependency in order to ensure 
12 consistency
with the comprehensive statewide plan 
13 developed pursuant to this Act.

14  (3) Prepare, publish, evaluate, disseminate and serve 
15 as a central
repository for educational materials dealing 
16 with the nature and effects of
substance use disorders. 
17 alcoholism and other drug abuse and dependency. Such 
18 materials may deal with
the educational needs of the 
19 citizens of Illinois, and may include at least
pamphlets 
20 that which describe the causes and effects of fetal alcohol

21 spectrum disorders. fetal alcohol syndrome,
which the 
22 Department may distribute free of charge to each county 
23 clerk in
sufficient quantities that the county clerk may 
24 provide a pamphlet to the
recipients of all marriage 
25 licenses issued in the county.

26  (4) Develop and coordinate, with regional and local 
 
 
SB2834- 40 -LRB100 16078 KTG 33917 b


1 agencies, education
and training programs for persons 
2 engaged in providing the array of services
for persons with

3 substance use disorders, having alcoholism or other drug 
4 abuse and dependency problems,
which programs may include 
5 specific HIV education and training for program
personnel.

6  (5) Cooperate with and assist in the development of 
7 education, prevention, early intervention,
and treatment 
8 programs for employees of State and local governments and

9 businesses in the State.

10  (6) Utilize the support and assistance of interested 
11 persons in the
community, including recovering persons, 
12 addicts and alcoholics, to assist individuals
and 
13 communities in understanding the dynamics of substance use

14 disorders, addiction, and to encourage
individuals with 
15 substance use disorders alcohol or other drug abuse or 
16 dependency problems to
voluntarily undergo treatment.

17  (7) Promote, conduct, assist or sponsor basic 
18 clinical, epidemiological
and statistical research into 
19 substance use disorders alcoholism and other drug abuse and 
20 dependency,
and research into the prevention of those 
21 problems either solely or in
conjunction with any public or 
22 private agency.

23  (8) Cooperate with public and private agencies, 
24 organizations and
individuals in the development of 
25 programs, and to provide technical assistance
and 
26 consultation services for this purpose.

 
 
SB2834- 41 -LRB100 16078 KTG 33917 b


1  (9) (Blank). Publish or provide for the publishing of a 
2 manual to assist medical
and social service providers in 
3 identifying alcoholism and other drug abuse and
dependency 
4 and coordinating the multidisciplinary delivery of 
5 services to
addicted pregnant women, addicted mothers and 
6 their children. The manual may
be used only to provide 
7 information and may not be used by the Department to

8 establish practice standards. The Department may not 
9 require recipients to use
specific providers nor may they 
10 require providers to refer recipients to
specific 
11 providers. The manual may include, but need not be limited 
12 to, the
following:

13   (A) Information concerning risk assessments of 
14 women seeking prenatal,
natal, and postnatal medical 
15 care.

16   (B) Information concerning risk assessments of 
17 infants who may be
substance-affected.

18   (C) Protocols that have been adopted by the 
19 Illinois Department of
Children and Family Services 
20 for the reporting and investigation of allegations
of 
21 child abuse or neglect under the Abused and Neglected 
22 Child Reporting Act.

23   (D) Summary of procedures utilized in juvenile 
24 court in cases of
children alleged or found to be 
25 abused or neglected as a result of being born
to 
26 addicted women.

 
 
SB2834- 42 -LRB100 16078 KTG 33917 b


1   (E) Information concerning referral of addicted 
2 pregnant women,
addicted mothers and their children by 
3 medical, social service, and substance
abuse treatment 
4 providers, by the Departments of Children and Family 
5 Services, Public Aid, Public Health, and
Human 
6 Services.

7   (F) Effects of substance abuse on infants and 
8 guidelines on the
symptoms, care, and comfort of 
9 drug-withdrawing infants.

10   (G) Responsibilities of the Illinois Department of 
11 Public Health to
maintain statistics on the number of 
12 children in Illinois addicted at birth.

13  (10) (Blank). To the extent permitted by federal law or 
14 regulation, establish and
maintain a clearinghouse and 
15 central repository for the development and
maintenance of a 
16 centralized data collection and dissemination system and a

17 management information system for all alcoholism and other 
18 drug abuse
prevention, early intervention and treatment 
19 services.

20  (11) Fund, promote, or assist entities dealing with

21 substance use disorders. programs, services, 
22 demonstrations or
research dealing with addictive or 
23 habituating behaviors detrimental to the
health of 
24 Illinois citizens.

25  (12) With monies appropriated from the Group Home Loan 
26 Revolving Fund,
make loans, directly or through 
 
 
SB2834- 43 -LRB100 16078 KTG 33917 b


1 subcontract, to assist in underwriting the
costs of housing 
2 in which individuals recovering from substance use

3 disorders may reside, alcohol or other drug
abuse or 
4 dependency may reside in groups of not less than 6 persons, 
5 pursuant
to Section 50-40 of this Act.

6  (13) Promulgate such regulations as may be necessary to 
7 for the
administration of grants or to otherwise carry out 
8 the purposes and enforce the
provisions of this Act.

9  (14) Provide funding Fund programs to help parents be 
10 effective in preventing
substance use disorders abuse by 
11 building an awareness of drugs and alcohol and the family's

12 role in preventing substance use disorders abuse through 
13 adjusting expectations, developing new skills,
and setting 
14 positive family goals. The programs shall include, but not 
15 be
limited to, the following subjects: healthy family 
16 communication; establishing
rules and limits; how to 
17 reduce family conflict; how to build self-esteem,

18 competency, and responsibility in children; how to improve 
19 motivation and
achievement; effective discipline; problem 
20 solving techniques; and how to talk
about drugs and 
21 alcohol. The programs shall be open to all parents.

22(Source: P.A. 100-494, eff. 6-1-18.)





23 (20 ILCS 301/5-20)



24 Sec. 5-20. Gambling disorders. Compulsive gambling 
25program. 

 
 
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1 (a) Subject to appropriation, the Department shall 
2establish a program for
public education, research, and 
3training regarding problem and compulsive
gambling disorders 
4and the treatment and prevention of gambling disorders. problem 
5and compulsive gambling.
Subject to specific appropriation for 
6these stated purposes, the program must
include all of the 
7following:


8  (1) Establishment and maintenance of a toll-free "800" 
9 telephone number
to provide crisis counseling and referral 
10 services to families experiencing
difficulty as a result of 
11 gambling disorders. problem or compulsive gambling.


12  (2) Promotion of public awareness regarding the 
13 recognition and
prevention of gambling disorders. problem 
14 and compulsive gambling.


15  (3) Facilitation, through in-service training and 
16 other means, of the
availability of effective assistance 
17 programs for gambling disorders. problem and compulsive

18 gamblers.


19  (4) Conducting studies to identify adults and 
20 juveniles in this
State who have, are, or who are at risk 
21 of developing, gambling disorders. becoming, problem or 
22 compulsive gamblers.

23 (b) Subject to appropriation, the Department shall either 
24establish and
maintain the program or contract with a private 
25or public entity for the
establishment and maintenance of the 
26program. Subject to appropriation, either
the Department or the 
 
 
SB2834- 45 -LRB100 16078 KTG 33917 b


1private or public entity shall implement the toll-free

2telephone number, promote public awareness, and conduct 
3in-service training
concerning gambling disorders. problem and 
4compulsive gambling.

5 (c) Subject to appropriation, the Department shall produce 
6and supply the
signs specified in Section 10.7 of the Illinois 
7Lottery Law, Section 34.1 of
the Illinois Horse Racing Act of 
81975, Section 4.3 of the Bingo License and Tax
Act, Section 8.1 
9of the Charitable Games Act, and Section 13.1 of the Riverboat

10Gambling Act.

11(Source: P.A. 89-374, eff. 1-1-96; 89-626, eff. 8-9-96.)


12 (20 ILCS 301/5-23)
13 Sec. 5-23. Drug Overdose Prevention Program.
14 (a) Reports of drug overdose.
15  (1) The Department may Director of the Division of 
16 Alcoholism and Substance Abuse shall publish annually a 
17 report on drug overdose trends statewide that reviews State 
18 death rates from available data to ascertain changes in the 
19 causes or rates of fatal and nonfatal drug overdose. The 
20 report shall also provide information on interventions 
21 that would be effective in reducing the rate of fatal or 
22 nonfatal drug overdose and shall include an analysis of 
23 drug overdose information reported to the Department of 
24 Public Health pursuant to subsection (e) of Section 3-3013 
25 of the Counties Code, Section 6.14g of the Hospital 
 
 
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1 Licensing Act, and subsection (j) of Section 22-30 of the 
2 School Code.
3  (2) The report may include:
4   (A) Trends in drug overdose death rates.
5   (B) Trends in emergency room utilization related 
6 to drug overdose and the cost impact of emergency room 
7 utilization.
8   (C) Trends in utilization of pre-hospital and 
9 emergency services and the cost impact of emergency 
10 services utilization.
11   (D) Suggested improvements in data collection.
12   (E) A description of other interventions effective 
13 in reducing the rate of fatal or nonfatal drug 
14 overdose.
15   (F) A description of efforts undertaken to educate 
16 the public about unused medication and about how to 
17 properly dispose of unused medication, including the 
18 number of registered collection receptacles in this 
19 State, mail-back programs, and drug take-back events. 
20 (b) Programs; drug overdose prevention.
21  (1) The Department Director may establish a program to 
22 provide for the production and publication, in electronic 
23 and other formats, of drug overdose prevention, 
24 recognition, and response literature. The Department 
25 Director may develop and disseminate curricula for use by 
26 professionals, organizations, individuals, or committees 
 
 
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1 interested in the prevention of fatal and nonfatal drug 
2 overdose, including, but not limited to, drug users, jail 
3 and prison personnel, jail and prison inmates, drug 
4 treatment professionals, emergency medical personnel, 
5 hospital staff, families and associates of drug users, 
6 peace officers, firefighters, public safety officers, 
7 needle exchange program staff, and other persons. In 
8 addition to information regarding drug overdose 
9 prevention, recognition, and response, literature produced 
10 by the Department shall stress that drug use remains 
11 illegal and highly dangerous and that complete abstinence 
12 from illegal drug use is the healthiest choice. The 
13 literature shall provide information and resources for 
14 substance use disorder substance abuse treatment.
15  The Department Director may establish or authorize 
16 programs for prescribing, dispensing, or distributing 
17 opioid antagonists for the treatment of drug overdose. Such 
18 programs may include the prescribing of opioid antagonists 
19 for the treatment of drug overdose to a person who is not 
20 at risk of opioid overdose but who, in the judgment of the 
21 health care professional, may be in a position to assist 
22 another individual during an opioid-related drug overdose 
23 and who has received basic instruction on how to administer 
24 an opioid antagonist.
25  (2) The Department Director may provide advice to State 
26 and local officials on the growing drug overdose crisis, 
 
 
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1 including the prevalence of drug overdose incidents, 
2 programs promoting the disposal of unused prescription 
3 drugs, trends in drug overdose incidents, and solutions to 
4 the drug overdose crisis.
5 (c) Grants.
6  (1) The Department Director may award grants, in 
7 accordance with this subsection, to create or support local 
8 drug overdose prevention, recognition, and response 
9 projects. Local health departments, correctional 
10 institutions, hospitals, universities, community-based 
11 organizations, and faith-based organizations may apply to 
12 the Department for a grant under this subsection at the 
13 time and in the manner the Department Director prescribes.
14  (2) In awarding grants, the Department Director shall 
15 consider the necessity for overdose prevention projects in 
16 various settings and shall encourage all grant applicants 
17 to develop interventions that will be effective and viable 
18 in their local areas.
19  (3) The Department Director shall give preference for 
20 grants to proposals that, in addition to providing 
21 life-saving interventions and responses, provide 
22 information to drug users on how to access substance use 
23 disorder drug treatment or other strategies for abstaining 
24 from illegal drugs. The Department Director shall give 
25 preference to proposals that include one or more of the 
26 following elements:
 
 
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1   (A) Policies and projects to encourage persons, 
2 including drug users, to call 911 when they witness a 
3 potentially fatal drug overdose.
4   (B) Drug overdose prevention, recognition, and 
5 response education projects in drug treatment centers, 
6 outreach programs, and other organizations that work 
7 with, or have access to, drug users and their families 
8 and communities.
9   (C) Drug overdose recognition and response 
10 training, including rescue breathing, in drug 
11 treatment centers and for other organizations that 
12 work with, or have access to, drug users and their 
13 families and communities.
14   (D) The production and distribution of targeted or 
15 mass media materials on drug overdose prevention and 
16 response, the potential dangers of keeping unused 
17 prescription drugs in the home, and methods to properly 
18 dispose of unused prescription drugs.
19   (E) Prescription and distribution of opioid 
20 antagonists.
21   (F) The institution of education and training 
22 projects on drug overdose response and treatment for 
23 emergency services and law enforcement personnel.
24   (G) A system of parent, family, and survivor 
25 education and mutual support groups.
26  (4) In addition to moneys appropriated by the General 
 
 
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1 Assembly, the Department Director may seek grants from 
2 private foundations, the federal government, and other 
3 sources to fund the grants under this Section and to fund 
4 an evaluation of the programs supported by the grants.
5 (d) Health care professional prescription of opioid 
6antagonists. 
7  (1) A health care professional who, acting in good 
8 faith, directly or by standing order, prescribes or 
9 dispenses an opioid antagonist to: (a) a patient who, in 
10 the judgment of the health care professional, is capable of 
11 administering the drug in an emergency, or (b) a person who 
12 is not at risk of opioid overdose but who, in the judgment 
13 of the health care professional, may be in a position to 
14 assist another individual during an opioid-related drug 
15 overdose and who has received basic instruction on how to 
16 administer an opioid antagonist shall not, as a result of 
17 his or her acts or omissions, be subject to: (i) any 
18 disciplinary or other adverse action under the Medical 
19 Practice Act of 1987, the Physician Assistant Practice Act 
20 of 1987, the Nurse Practice Act, the Pharmacy Practice Act, 
21 or any other professional licensing statute or (ii) any 
22 criminal liability, except for willful and wanton 
23 misconduct.
24  (2) A person who is not otherwise licensed to 
25 administer an opioid antagonist may in an emergency 
26 administer without fee an opioid antagonist if the person 
 
 
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1 has received the patient information specified in 
2 paragraph (4) of this subsection and believes in good faith 
3 that another person is experiencing a drug overdose. The 
4 person shall not, as a result of his or her acts or 
5 omissions, be (i) liable for any violation of the Medical 
6 Practice Act of 1987, the Physician Assistant Practice Act 
7 of 1987, the Nurse Practice Act, the Pharmacy Practice Act, 
8 or any other professional licensing statute, or (ii) 
9 subject to any criminal prosecution or civil liability, 
10 except for willful and wanton misconduct.
11  (3) A health care professional prescribing an opioid 
12 antagonist to a patient shall ensure that the patient 
13 receives the patient information specified in paragraph 
14 (4) of this subsection. Patient information may be provided 
15 by the health care professional or a community-based 
16 organization, substance use disorder substance abuse 
17 program, or other organization with which the health care 
18 professional establishes a written agreement that includes 
19 a description of how the organization will provide patient 
20 information, how employees or volunteers providing 
21 information will be trained, and standards for documenting 
22 the provision of patient information to patients. 
23 Provision of patient information shall be documented in the 
24 patient's medical record or through similar means as 
25 determined by agreement between the health care 
26 professional and the organization. The Department, 
 
 
SB2834- 52 -LRB100 16078 KTG 33917 b


1 Director of the Division of Alcoholism and Substance Abuse, 
2 in consultation with statewide organizations representing 
3 physicians, pharmacists, advanced practice registered 
4 nurses, physician assistants, substance use disorder 
5 substance abuse programs, and other interested groups, 
6 shall develop and disseminate to health care 
7 professionals, community-based organizations, substance 
8 use disorder substance abuse programs, and other 
9 organizations training materials in video, electronic, or 
10 other formats to facilitate the provision of such patient 
11 information. 
12  (4) For the purposes of this subsection:
13  "Opioid antagonist" means a drug that binds to opioid 
14 receptors and blocks or inhibits the effect of opioids 
15 acting on those receptors, including, but not limited to, 
16 naloxone hydrochloride or any other similarly acting drug 
17 approved by the U.S. Food and Drug Administration.
18  "Health care professional" means a physician licensed 
19 to practice medicine in all its branches, a licensed 
20 physician assistant with prescriptive authority, a 
21 licensed advanced practice registered nurse with 
22 prescriptive authority, an advanced practice registered 
23 nurse or physician assistant who practices in a hospital, 
24 hospital affiliate, or ambulatory surgical treatment 
25 center and possesses appropriate clinical privileges in 
26 accordance with the Nurse Practice Act, or a pharmacist 
 
 
SB2834- 53 -LRB100 16078 KTG 33917 b


1 licensed to practice pharmacy under the Pharmacy Practice 
2 Act. 
3  "Patient" includes a person who is not at risk of 
4 opioid overdose but who, in the judgment of the physician, 
5 advanced practice registered nurse, or physician 
6 assistant, may be in a position to assist another 
7 individual during an overdose and who has received patient 
8 information as required in paragraph (2) of this subsection 
9 on the indications for and administration of an opioid 
10 antagonist.
11  "Patient information" includes information provided to 
12 the patient on drug overdose prevention and recognition; 
13 how to perform rescue breathing and resuscitation; opioid 
14 antagonist dosage and administration; the importance of 
15 calling 911; care for the overdose victim after 
16 administration of the overdose antagonist; and other 
17 issues as necessary. 

18 (e) Drug overdose response policy. 
19  (1) Every State and local government agency that 
20 employs a law enforcement officer or fireman as those terms 
21 are defined in the Line of Duty Compensation Act must 
22 possess opioid antagonists and must establish a policy to 
23 control the acquisition, storage, transportation, and 
24 administration of such opioid antagonists and to provide 
25 training in the administration of opioid antagonists. A 
26 State or local government agency that employs a fireman as 
 
 
SB2834- 54 -LRB100 16078 KTG 33917 b


1 defined in the Line of Duty Compensation Act but does not 
2 respond to emergency medical calls or provide medical 
3 services shall be exempt from this subsection.
4  (2) Every publicly or privately owned ambulance, 
5 special emergency medical services vehicle, non-transport 
6 vehicle, or ambulance assist vehicle, as described in the 
7 Emergency Medical Services (EMS) Systems Act, that which 
8 responds to requests for emergency services or transports 
9 patients between hospitals in emergency situations must 
10 possess opioid antagonists. 
11  (3) Entities that are required under paragraphs (1) and 
12 (2) to possess opioid antagonists may also apply to the 
13 Department for a grant to fund the acquisition of opioid 
14 antagonists and training programs on the administration of 
15 opioid antagonists. 
16(Source: P.A. 99-173, eff. 7-29-15; 99-480, eff. 9-9-15; 
1799-581, eff. 1-1-17; 99-642, eff. 7-28-16; 100-201, eff. 
188-18-17; 100-513, eff. 1-1-18.)



19 (20 ILCS 301/10-5)


20 Sec. 10-5. Illinois Advisory Council established. There is 
21established
the Illinois Advisory Council on Substance Use 
22Disorders. Alcoholism and Other Drug Dependency. The
members of 
23the Council shall receive no compensation for their service but

24shall be reimbursed for all expenses actually and necessarily 
25incurred by them
in the performance of their duties under this 
 
 
SB2834- 55 -LRB100 16078 KTG 33917 b


1Act, and within the amounts made
available to them by the 
2Department. The Council shall annually elect a
presiding 
3officer from among its membership. The Council may shall meet 
4quarterly or at the call of the Department, or at the call of 
5its presiding officer,
or upon the request of a majority of its 
6members. The Department shall provide
space and clerical and 
7consulting services to the Council.

8(Source: P.A. 94-1033, eff. 7-1-07.)




9 (20 ILCS 301/10-10)


10 Sec. 10-10. Powers and duties of the Council. The Council 
11shall:


12  (a) Advise the Department on ways to encourage public 
13 understanding and
support of the Department's programs.


14  (b) Advise the Department on regulations and licensure 
15 proposed by the
Department.


16  (c) Advise the Department in the formulation, 
17 preparation, and
implementation of the annual plan 
18 submitted with the federal Substance Use Disorder Block 
19 Grant application for prevention, early intervention, 
20 treatment, and other recovery support services for 
21 substance use disorders. comprehensive State plan for 
22 prevention, intervention,
treatment and relapse prevention 
23 of alcoholism and other drug abuse and
dependency.


24  (d) Advise the Department on implementation of 
25 substance use disorder alcoholism and other drug
abuse and 
 
 
SB2834- 56 -LRB100 16078 KTG 33917 b


1 dependency education and prevention programs throughout 
2 the State.


3  (e) Assist with incorporating into the annual plan 
4 submitted with the federal Substance Use Disorder Block 
5 Grant application, planning information specific to 
6 Illinois' female population. The information By January 1, 
7 1995, and by January 1 of every third year thereafter,
in

8 cooperation with the Committee on Women's Alcohol and 
9 Substance Abuse
Treatment, submit to the Governor and 
10 General Assembly a planning document,
specific to 
11 Illinois' female population. The document shall contain, 
12 but need
not be limited to, interagency information 
13 concerning the types of services
funded, the client 
14 population served, the support services available, and

15 provided during the preceding 3 year period, and the goals, 
16 objectives,
proposed methods of achievement, service 
17 client projections and cost estimate for the
upcoming year. 
18 3 year period. The document may include, if deemed 
19 necessary and
appropriate, recommendations regarding the 
20 reorganization of the Department to
enhance and increase 
21 prevention, treatment and support services available to

22 women.

23  (f) Perform other duties as requested by the Secretary.
24  (g) Advise the Department in the planning, 
25 development, and coordination of programs among all 
26 agencies and departments of State government, including 
 
 
SB2834- 57 -LRB100 16078 KTG 33917 b


1 programs to reduce substance use disorders, alcoholism and 
2 drug addiction, prevent the misuse of illegal and legal 
3 drugs use of illegal drugs and abuse of legal drugs by 
4 persons of all ages, and prevent the use of alcohol by 
5 minors.
6  (h) Promote and encourage participation by the private 
7 sector, including business, industry, labor, and the 
8 media, in programs to prevent substance use disorders. 
9 alcoholism and other drug abuse and dependency.
10  (i) Encourage the implementation of programs to 
11 prevent substance use disorders alcoholism and other drug 
12 abuse and dependency in the public and private schools and 
13 educational institutions. , including establishment of 
14 alcoholism and other drug abuse and dependency programs.
15  (j) Gather information, conduct hearings, and make 
16 recommendations to the Secretary concerning additions, 
17 deletions, or rescheduling of substances under the 
18 Illinois Controlled Substances Act.
19  (k) Report as requested annually to the General 
20 Assembly regarding the activities and recommendations made 
21 by the Council.


22 With the advice and consent of the Secretary, the presiding

23officer shall annually appoint a Special Committee on 
24Licensure, which shall advise the Secretary on particular cases 
25on
which the Department intends to take action that is adverse 
26to an
applicant or license holder, and shall review an annual 
 
 
SB2834- 58 -LRB100 16078 KTG 33917 b


1report submitted by the
Secretary summarizing all licensure 
2sanctions imposed by the
Department. 

3(Source: P.A. 94-1033, eff. 7-1-07.)




4 (20 ILCS 301/10-15)


5 Sec. 10-15. Qualification and appointment of members. The 
6membership of
the Illinois Advisory Council may, as needed, 
7shall consist of:

8  (a) A State's Attorney designated by the President of 
9 the Illinois State's
Attorneys Association.

10  (b) A judge designated by the Chief Justice of the 
11 Illinois Supreme Court.

12  (c) A Public Defender appointed by the President of the 
13 Illinois Public Defender
Association.

14  (d) A local law enforcement officer appointed by the 
15 Governor.

16  (e) A labor representative appointed by the Governor.

17  (f) An educator appointed by the Governor.

18  (g) A physician licensed to practice medicine in all 
19 its branches
appointed
by the Governor with due regard for 
20 the appointee's knowledge of the field of
substance use 
21 disorders. alcoholism and other drug abuse and dependency.

22  (h) 4 members of the Illinois House of Representatives, 
23 2 each appointed
by the Speaker and Minority Leader.

24  (i) 4 members of the Illinois Senate, 2 each appointed 
25 by the President
and Minority Leader.

 
 
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1  (j) The Chief Executive Officer of the Illinois 
2 Association for Behavioral Health or his or her designee. 
3 President of the Illinois Alcoholism and Drug Dependence

4 Association.

5  (k) An advocate for the needs of youth appointed by the 
6 Governor.

7  (l) The President of the Illinois State Medical Society 
8 or his or her
designee.

9  (m) The President of the Illinois Hospital Association 
10 or his or her
designee.

11  (n) The President of the Illinois Nurses Association or 
12 a registered nurse
designated by the President.

13  (o) The President of the Illinois Pharmacists 
14 Association or a licensed
pharmacist designated by the 
15 President.

16  (p) The President of the Illinois Chapter of the 
17 Association of Labor-Management Administrators and 
18 Consultants on Alcoholism.

19  (p-1) The President of the Community Behavioral 
20 Healthcare Association
of Illinois or his or her designee.

21  (q) The Attorney General or his or her designee.

22  (r) The State Comptroller or his or her designee.

23  (s) 20 public members, 8 appointed by the Governor, 3 
24 of whom shall be
representatives of substance use disorder 
25 alcoholism or other drug abuse and dependency treatment

26 programs and one of whom shall be a representative of a 
 
 
SB2834- 60 -LRB100 16078 KTG 33917 b


1 manufacturer or
importing distributor of alcoholic liquor 
2 licensed by the State of Illinois,
and 3 public members 
3 appointed by each of the President and Minority Leader of

4 the Senate and the Speaker and Minority Leader of the 
5 House.
6  (t) The Director, Secretary, or other chief 
7 administrative officer, ex officio, or his or her designee, 
8 of each of the following: the Department on Aging, the 
9 Department of Children and Family Services, the Department 
10 of Corrections, the Department of Juvenile Justice, the 
11 Department of Healthcare and Family Services, the 
12 Department of Revenue, the Department of Public Health, the 
13 Department of Financial and Professional Regulation, the 
14 Department of State Police, the Administrative Office of 
15 the Illinois Courts, the Criminal Justice Information 
16 Authority, and the Department of Transportation.
17  (u) Each of the following, ex officio, or his or her 
18 designee: the Secretary of State, the State Superintendent 
19 of Education, and the Chairman of the Board of Higher 
20 Education.


21 The public members may not be officers or employees of the 
22executive branch
of State government; however, the public 
23members may be officers or employees
of a State college or 
24university or of any law enforcement agency. In
appointing 
25members, due consideration shall be given to the experience of

26appointees in the fields of medicine, law, prevention, 
 
 
SB2834- 61 -LRB100 16078 KTG 33917 b


1correctional activities,
and social welfare. Vacancies in the 
2public membership shall be filled for the
unexpired term by 
3appointment in like manner as for original appointments, and

4the appointive members shall serve until their successors are 
5appointed and
have qualified. Vacancies among the public 
6members appointed by the
legislative leaders shall be filled by 
7the leader of the same house and of the
same political party as 
8the leader who originally appointed the member.

9 Each non-appointive member may designate a representative 
10to serve in his
place by written notice to the Department. All 
11General Assembly members shall
serve until their respective 
12successors are appointed or until termination of
their 
13legislative service, whichever occurs first. The terms of 
14office for
each of the members appointed by the Governor shall 
15be for 3 years, except that
of the members first appointed, 3 
16shall be appointed for a term of one year,
and 4 shall be 
17appointed for a term of 2 years. The terms of office of each of

18the public members appointed by the legislative leaders shall 
19be for 2 years. 

20(Source: P.A. 100-201, eff. 8-18-17.)





21 (20 ILCS 301/10-35)



22 Sec. 10-35. Committees Other committees of the Illinois 
23Advisory Council. The
Illinois Advisory Council may, in its 
24operating policies and procedures,
provide for the creation of 
25such other Committees as it deems necessary to
carry out its 
 
 
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1duties.

2(Source: P.A. 88-80.)





3 (20 ILCS 301/15-5)



4 Sec. 15-5. Applicability. 

5 (a) It is unlawful for any person to provide treatment for 
6substance use disorders alcoholism and
other drug abuse or 
7dependency or to provide services as specified in
subsections 
8(c), (d), (e), and (f) of Section 15-10 of this Act unless the

9person is licensed to do so by the Department. The performance 
10of these
activities by any person in violation of
this Act is 
11declared to be inimical to the public health and welfare, and 
12to be
a public nuisance. The Department may undertake such 
13inspections and
investigations as it deems appropriate to 
14determine whether licensable
activities are being conducted 
15without the requisite license.

16 (b) Nothing in this Act shall be construed to require any 
17hospital, as
defined by the Hospital Licensing Act, required to 
18have a license from the
Department of Public Health pursuant to 
19the Hospital Licensing Act to obtain
any license under this Act 
20for any substance use disorder alcoholism and other drug 
21dependency
treatment services operated on the licensed 
22premises of the hospital, and
operated by the hospital or its 
23designated agent, provided that such services
are covered 
24within the scope of the Hospital Licensing Act. No person or

25facility required to be licensed under this Act shall be 
 
 
SB2834- 63 -LRB100 16078 KTG 33917 b


1required to obtain a
license pursuant to the Hospital Licensing 
2Act or the Child Care Act of 1969.

3 (c) Nothing in this Act shall be construed to require an 
4individual
employee of a licensed program to be licensed under 
5this Act.

6 (d) Nothing in this Act shall be construed to require any 
7private
professional practice, whether by an individual 
8practitioner, by a partnership,
or by a duly incorporated 
9professional service corporation, that provides
outpatient 
10treatment for substance use disorders alcoholism and other drug 
11abuse to be licensed under
this Act, provided that the 
12treatment is rendered personally by the
professional in his own 
13name and the professional is authorized by individual

14professional licensure or registration from the Department of 
15Financial and Professional
Regulation to provide substance use 
16disorder do such treatment unsupervised. This exemption shall 
17not apply
to such private professional practice that provides 
18and holds itself out, as defined in Section 1-10, as providing 
19substance use disorder outpatient treatment. which specializes 
20primarily or
exclusively in the treatment of alcoholism and 
21other drug abuse. This exemption
shall also not apply to 
22licensable intervention services, research, or residential

23treatment services as defined in this Act or by rule.

24 Notwithstanding any other provisions of this subsection to 
25the contrary,
persons licensed to practice medicine in all of 
26its branches in Illinois shall
not require licensure under this 
 
 
SB2834- 64 -LRB100 16078 KTG 33917 b


1Act unless their private professional practice
provides and 
2holds itself out, as defined in Section 1-10, as providing 
3substance use disorder outpatient treatment. specializes 
4exclusively in the treatment of alcoholism and other drug 
5abuse.

6 (e) Nothing in this Act shall be construed to require any 
7employee
assistance program operated by an employer or any 
8intervenor program operated
by a professional association to 
9obtain any license pursuant to this Act to
perform services 
10that do not constitute licensable treatment or intervention as

11defined in this Act.

12 (f) Before any violation of this Act is reported by the 
13Department or any of
its agents to any State's Attorney for the 
14institution of a criminal
proceeding, the person against whom 
15such proceeding is contemplated shall be
given appropriate 
16notice and an opportunity to present his views before the

17Department or its designated agent, either orally or in 
18writing, in person or
by an attorney, with regard to such 
19contemplated proceeding. Nothing in this
Act shall be construed 
20as requiring the Department to report minor violations
of this 
21Act whenever the Department believes that the public interest 
22would be
adequately served by a suitable written notice or 
23warning.

24(Source: P.A. 88-80; 89-202, eff. 7-21-95; 89-507, eff. 
257-1-97.)




 
 
SB2834- 65 -LRB100 16078 KTG 33917 b


1 (20 ILCS 301/15-10)


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


23  (a) Residential treatment for alcoholism and other 
24 drug
dependency, sub-acute inpatient treatment, clinically 
25 managed or medically monitored detoxification, and 
26 residential extended care (formerly halfway house).


 
 
SB2834- 66 -LRB100 16078 KTG 33917 b


1  (b) Outpatient treatment for alcoholism and other drug 
2 abuse and
dependency.


3  (c) The screening, assessment, referral or tracking of 
4 clients identified
by the criminal justice system as having 
5 indications of alcoholism or other
drug abuse or 
6 dependency. 


7  (d) D.U.I. evaluation services for Illinois courts and 
8 the Secretary of
State.


9  (e) D.U.I. remedial education services for Illinois 
10 courts or the
Secretary
of State.
11  (f) Recovery home services for persons in early 
12 recovery from substance abuse or for persons who have 
13 recently completed or who may still be receiving substance 
14 abuse treatment services.


15 The Department may, under procedures established by rule 
16and upon a showing
of good cause for such, exempt off-site 
17services from having to obtain a
separate license for services 
18conducted away from the provider's licensed primary
service 
19location.

20(Source: P.A. 94-1033, eff. 7-1-07.)





21 (20 ILCS 301/20-5)



22 Sec. 20-5. Development of statewide prevention system. 

23 (a) The Department shall develop and implement a 
24comprehensive, statewide,
community-based strategy to reduce 
25substance use disorders and alcoholism, prevent the misuse of 
 
 
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1illegal and legal drugs use of illegal drugs
and the abuse of 
2legal drugs by persons of all ages, and to prevent the use of

3alcohol by minors. The system created to implement this 
4strategy shall be
based on the premise that coordination among 
5and integration between all
community and governmental systems 
6will facilitate effective and efficient
program implementation 
7and utilization of existing resources.

8 (b) The statewide system developed under this Section may 
9be adopted by administrative rule or funded as a grant award 
10condition and shall be responsible
for:


11  (1) providing programs and technical assistance to 
12 improve the ability of
Illinois communities and schools to 
13 develop, implement and evaluate prevention
programs.


14  (2) initiating and fostering continuing cooperation 
15 among the Department,
Department-funded prevention 
16 programs, other community-based prevention
providers and 
17 other State, regional, or local systems or agencies that 
18 which have an interest
in substance use disorder 
19 prevention. alcohol and other drug use or abuse prevention.

20 (c) In developing, implementing, and advocating for and 
21implementing this statewide strategy and system, the

22Department may engage in, but shall not be limited to, the 
23following
activities:


24  (1) establishing and conducting programs to provide 
25 awareness and
knowledge of the nature and extent of 
26 substance use disorders and their effect alcohol and other 
 
 
SB2834- 68 -LRB100 16078 KTG 33917 b


1 drug use, abuse and
dependency and their effects on 
2 individuals, families, and communities.


3  (2) conducting or providing prevention skill building 
4 or education through
the use of structured experiences.


5  (3) developing, supporting, and advocating with new 
6 and or supporting existing local community coalitions or

7 neighborhood-based grassroots networks using action 
8 planning and collaborative
systems to initiate change 
9 regarding substance use disorders alcohol and other drug 
10 use and abuse in
their communities community.


11  (4) encouraging, supporting, and advocating for and 
12 supporting programs and activities that emphasize

13 alcohol-free alcohol and other drug-free lifestyles. 
14 socialization.


15  (5) drafting and implementing efficient plans for the 
16 use of available
resources to address issues of substance 
17 use disorder alcohol and other drug abuse prevention.


18  (6) coordinating local programs of alcoholism and 
19 other drug abuse
education and prevention.


20  (7) encouraging the development of local advisory 
21 councils.

22  (8) encouraging and supporting programs, practices, 
23 policies, and activities that emphasize environmental 
24 strategies, impacting norms, availability, and regulations 
25 around substance use disorders. 
26 (d) In providing leadership to this system, the Department 
 
 
SB2834- 69 -LRB100 16078 KTG 33917 b


1shall take into
account, wherever possible, the needs and 
2requirements of local communities.
The Department shall also 
3involve, wherever possible, local communities in its
statewide 
4planning efforts. These planning efforts shall include, but 
5shall
not be limited to, in cooperation with local community 
6representatives and
Department-funded agencies, the analysis 
7and application of results of local
needs assessments, as well 
8as a process for the integration of an evaluation
component 
9into the system. The results of this collaborative planning 
10effort
shall be taken into account by the Department in making 
11decisions regarding the
allocation of prevention resources.

12 (e) Prevention programs funded in whole or in part by the 
13Department shall
maintain staff whose skills, training, 
14experiences and cultural awareness
demonstrably match the 
15needs of the people they are serving.

16 (f) The Department may delegate the functions and 
17activities described in
subsection (c) of this Section to 
18local, community-based providers.

19(Source: P.A. 88-80.)





20 (20 ILCS 301/20-10)



21 Sec. 20-10. Screening, Brief Intervention, and Referral to 
22Treatment. Early intervention programs. 

23 (a) As used in this Section, "SBIRT" means the 
24identification of individuals, within primary care settings, 
25who need substance use disorder treatment. Primary care 
 
 
SB2834- 70 -LRB100 16078 KTG 33917 b


1providers will screen and, based on the results of the screen, 
2deliver a brief intervention or make referral to a licensed 
3treatment provider as appropriate. SBIRT is not a licensed 
4category of service. It does not refer to DUI evaluation, DUI 
5risk education, or recovery home services require licensing.
6 (b) The Department may develop policy or best practice 
7guidelines for identification of at-risk individuals through 
8SBIRT and contract or billing requirements for SBIRT.  
9For purposes of this Section, "early intervention" means 
10education,
counseling and support services provided to 
11individuals at high risk of
developing an alcohol or other drug 
12abuse or dependency. Early intervention
programs are delivered 
13in one-to-one, group or family service settings by
people who 
14are trained to educate, screen, assess, counsel and refer the 
15high
risk individual. Early intervention refers to unlicensed 
16programs which
provide services to individuals and groups who 
17have a high risk of developing
alcoholism or other drug 
18addiction or dependency. It does not refer to DUI,

19detoxification or treatment programs which require licensing. 
20"Individuals at
high risk" refers to, but is not limited to, 
21those who exhibit one or more of
the risk factors listed in 
22subsection (b) of this Section.

23 (b) As part of its comprehensive array of services, the 
24Department may
fund early intervention programs. In doing so, 
25the Department shall account
for local requirements and involve 
26as much as possible of the local community.
The funded programs 
 
 
SB2834- 71 -LRB100 16078 KTG 33917 b


1shall include services initiated or adapted to meet the
needs 
2of individuals experiencing one or more of the following risk 
3factors:


4  (1) child of a substance abuser.


5  (2) victim of physical, sexual or psychological abuse.


6  (3) school drop-out.


7  (4) teen pregnancy.


8  (5) economically and/or environmentally disadvantaged.


9  (6) commitment of a violent, delinquent or criminal 
10 offense.


11  (7) mental health problems.


12  (8) attempted suicide.


13  (9) long-term physical pain due to injury.


14  (10) chronic failure in school.


15  (11) consequences due to alcohol or other drug abuse.

16 (c) The Department may fund early intervention services. 
17Early
intervention programs funded entirely or in part by the 
18Department must include
the following components:


19  (1) coping skills training.


20  (2) education regarding the appearance and dynamics of 
21 dysfunction within
the family.


22  (3) support group opportunities for children and 
23 families.


24  (4) education regarding the diseases of alcoholism and 
25 other drug
addiction.


26  (5) screening regarding the need for treatment or other

 
 
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1 services.

2 (d) Early intervention programs funded in whole or in part 
3by the
Department shall maintain individual records for each 
4person who receives early
intervention services. Any and all 
5such records shall be maintained in
accordance with the 
6provisions of 42 CFR 2, "Confidentiality of Alcohol and
Drug 
7Abuse Patient Records" and other pertinent State and
federal 
8laws. Such records shall include:


9  (1) basic demographic information.


10  (2) a description of the presenting problem.


11  (3) an assessment of risk factors.


12  (4) a service plan.


13  (5) progress notes.


14  (6) a closing summary.

15 (e) Early intervention programs funded in whole or in part 
16by the
Department shall maintain staff whose skills, training, 
17experiences and
cultural awareness demonstrably match the 
18needs of the people they are serving.

19 (f) The Department may, at its discretion, impose on early 
20intervention
programs which it funds such additional 
21requirements as it may deem necessary
or appropriate.

22(Source: P.A. 88-80; 89-202, eff. 7-21-95.)





23 (20 ILCS 301/20-15)



24 Sec. 20-15. Steroid education program. The Department may 
25develop and
implement a statewide steroid education program to 
 
 
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1alert the public, and
particularly Illinois physicians, other 
2health care professionals, educators,
student athletes, health 
3club personnel, persons engaged in the coaching and
supervision 
4of high school and college athletics, and other groups 
5determined
by the Department to be likely to come into contact 
6with anabolic steroid
abusers to the dangers and adverse 
7effects of abusing anabolic steroids, and to
train these 
8individuals to recognize the symptoms and side effects of 
9anabolic
steroid abuse. Such education and training may also 
10include information
regarding the education eduction and 
11appropriate referral of persons identified as
probable or 
12actual anabolic steroid abusers. The advice of the Illinois

13Advisory Council established by Section 10-5 of this Act shall 
14be sought in the
development of any program established under 
15this Section.

16(Source: P.A. 88-80.)





17 (20 ILCS 301/25-5)



18 Sec. 25-5. Establishment of comprehensive treatment 
19system. The
Department shall develop, fund and implement a 
20comprehensive, statewide,
community-based system for the 
21provision of early intervention,
treatment, and recovery 
22support services for persons suffering from substance use 
23disorders. a full array of intervention,
treatment and 
24aftercare for persons suffering from alcohol and other drug 
25abuse
and dependency. The system created under this Section 
 
 
SB2834- 74 -LRB100 16078 KTG 33917 b


1shall be based on the
premise that coordination among and 
2integration between all community and
governmental systems 
3will facilitate effective and efficient program
implementation 
4and utilization of existing resources.

5(Source: P.A. 88-80.)





6 (20 ILCS 301/25-10)



7 Sec. 25-10. Promulgation of regulations. The Department 
8shall adopt
regulations for licensure, certification for 
9Medicaid reimbursement, and clinical standards for 
10intervention and treatment services, acceptance of persons for 
11treatment, taking into consideration
available resources and 
12facilities, for the purpose of early and effective
treatment of 
13substance use disorders. alcoholism and other drug abuse and 
14dependency.

15(Source: P.A. 88-80.)





16 (20 ILCS 301/25-15)



17 Sec. 25-15. Emergency treatment. 

18 (a) An alcohol or other drug impaired person who may be a 
19danger to himself or herself or to others may voluntarily come 
20to a treatment facility with available capacity for withdrawal 
21management. An alcohol or other drug impaired person may also 
22intoxicated person may come voluntarily to a treatment facility 
23for
emergency treatment. A person who appears to be intoxicated 
24in a public place
and who may be a danger to himself or others 
 
 
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1may be assisted to his or her home, a
treatment facility with 
2available capacity for withdrawal management, or other health 
3facility either directly by the police or
through an 
4intermediary person.

5 (b) A person who appears to be unconscious or in immediate 
6need of
emergency medical services while in a public place and 
7who shows symptoms of
alcohol or other drug impairment brought 
8on by alcoholism or other drug abuse or dependency may be
taken 
9into protective custody by the police and forthwith brought to 
10an
emergency medical service. A person who is otherwise 
11incapacitated while in a
public place and who shows symptoms of 
12alcohol or other drug impairment in a public place alcoholism 
13or other drug abuse or
dependency may be taken into custody and 
14forthwith brought to a facility
with available capacity for 
15withdrawal management. available for detoxification. The 
16police in detaining the person shall take
him or her into 
17protective custody only, which shall not constitute an arrest. 
18No
entry or other record shall be made to indicate that the 
19person has been
arrested or charged with a crime. The detaining 
20officer may take reasonable
steps to protect himself or herself 
21from harm.

22(Source: P.A. 88-80.)





23 (20 ILCS 301/25-20)



24 Sec. 25-20. Applicability of patients' rights. All persons 
25who are
receiving or who have received early intervention, 
 
 
SB2834- 76 -LRB100 16078 KTG 33917 b


1treatment, or other recovery support or aftercare services

2under this Act shall be afforded those rights enumerated in 
3Article 30.

4(Source: P.A. 88-80.)





5 (20 ILCS 301/30-5)



6 Sec. 30-5. Patients' rights established. 

7 (a) For purposes of this Section, "patient" means any 
8person who is
receiving or has received early intervention, 
9treatment, or other recovery support or aftercare services 
10under
this Act or any category of service licensed as 
11"intervention" under this Act.

12 (b) No patient who is receiving or who has received 
13intervention, treatment
or aftercare services under this Act 
14shall be deprived of any rights, benefits,
or privileges 
15guaranteed by law, the Constitution of the United States of

16America, or the Constitution of the State of Illinois solely 
17because of his
or her status as a patient of a program. 

18 (c) Persons who have substance use disorders abuse or are 
19dependent on alcohol or other drugs who are
also suffering from 
20medical conditions shall not be discriminated against in

21admission or treatment by any hospital that which receives 
22support in any form from
any program supported in whole or in 
23part by funds appropriated to any State
department or agency. 

24 (d) Every patient shall have impartial access to services 
25without regard to
race, religion, sex, ethnicity, age, sexual 
 
 
SB2834- 77 -LRB100 16078 KTG 33917 b


1orientation, gender identity, marital status, or other 
2disability. or disability. 

3 (e) Patients shall be permitted the free exercise of 
4religion and offered alternatives to spirituality based 
5programming, including, but not limited to, twelve-step groups 
6and self-help groups. 

7 (f) Every patient's personal dignity shall be recognized in 
8the provision
of services, and a patient's personal privacy 
9shall be assured and protected
within the constraints of his or 
10her individual treatment plan. 

11 (g) Treatment services shall be provided in the least 
12restrictive
environment possible. 

13 (h) Each patient receiving treatment services shall be 
14provided an individual treatment plan, which
shall be 
15periodically reviewed and updated as mandated by 
16administrative rule. necessary. 

17 (i) Treatment shall be person-centered, meaning that every 
18Every patient shall be permitted to participate in the planning 
19of his
or her total care and medical treatment to the extent 
20that his or her condition permits. 

21 (j) A person shall not be denied treatment solely because 
22he or she has withdrawn
from treatment against medical advice 
23on a prior occasion or had prior treatment episodes. because he 
24has
relapsed after earlier treatment or, when in medical 
25crisis, because of
inability to pay.

26 (k) The patient in residential treatment shall be permitted 
 
 
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1visits by family and
significant others, unless such visits are 
2clinically contraindicated. 

3 (l) A patient in residential treatment shall be allowed to 
4conduct private telephone
conversations with family and 
5friends unless clinically contraindicated.

6 (m) A patient in residential treatment shall be permitted 
7to send and receive mail without
hindrance, unless clinically 
8contraindicated. 

9 (n) A patient shall be permitted to manage his or her own 
10financial affairs unless
the patient or the patient's he or his 
11guardian, or if the patient is a minor, the patient's his 
12parent, authorizes
another competent person to do so. 

13 (o) A patient shall be permitted to request the opinion of 
14a consultant at
his or her own expense, or to request an 
15in-house review of a treatment plan, as
provided in the 
16specific procedures of the provider. A treatment provider is

17not liable for the negligence of any consultant.

18 (p) Unless otherwise prohibited by State or federal law, 
19every patient
shall be permitted to obtain from his or her own 
20physician, the treatment provider, or
the treatment provider's 
21consulting physician complete and current information

22concerning the nature of care, procedures, and treatment that 
23which he or she will receive. 

24 (q) A patient shall be permitted to refuse to participate 
25in any
experimental research or medical procedure without 
26compromising his or her access to
other, non-experimental 
 
 
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1services. Before a patient is placed in an
experimental 
2research or medical procedure, the provider must first obtain 
3his
or her informed written consent or otherwise comply with 
4the federal requirements
regarding the protection of human 
5subjects contained in 45 C.F.R.
Part 46.

6 (r) All medical treatment and procedures shall be 
7administered as ordered
by a physician and in accordance with 
8all Department rules. In order to assure compliance by the 
9treatment program with
all physician orders, all new physician 
10orders shall be reviewed by the
treatment program's staff 
11within a reasonable period of time after such orders
have been 
12issued. "Medical treatment and procedures" means those 
13services that
can be ordered only by a physician licensed to 
14practice medicine in all of its
branches in Illinois.

15 (s) Every patient in treatment shall be permitted to refuse 
16medical treatment and to
know the consequences of such action. 
17Such refusal by a patient shall free the
treatment licensee 
18program from the obligation to provide the treatment. 

19 (t) Unless otherwise prohibited by State or federal law, 
20every patient,
patient's guardian, or parent, if the patient is 
21a minor, shall be permitted to
inspect and copy all clinical 
22and other records kept by the intervention or treatment 
23licensee treatment program
or by his or her physician 
24concerning his or her care and maintenance. The licensee 
25treatment program
or physician may charge a reasonable fee for 
26the duplication of a record.

 
 
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1 (u) No owner, licensee, administrator, employee, or agent 
2of a licensed intervention or treatment
program shall abuse or 
3neglect a patient. It is the duty of any individual program

4employee or agent who becomes aware of such abuse or neglect to 
5report it to
the Department immediately.

6 (v) The licensee administrator of a program may refuse 
7access to the program to any
person if the actions of that 
8person while in the program are or could be
injurious to the 
9health and safety of a patient or the licensee program, or if 
10the
person seeks access to the program for commercial purposes.

11 (w) All patients admitted to community-based treatment 
12facilities shall be considered voluntary treatment patients 
13and such patients shall not be contained within a locked 
14setting. A patient may be discharged from a program after he 
15gives the
administrator written notice of his desire to be 
16discharged or upon completion
of his prescribed course of 
17treatment. No patient shall be discharged or
transferred 
18without the preparation of a post-treatment aftercare plan by 
19the
program. 

20 (x) Patients and their families or legal guardians shall 
21have the right to
present complaints to the provider or the 
22Department concerning the quality of care provided to the 
23patient,
without threat of discharge or reprisal in any form or 
24manner whatsoever. The complaint process and procedure shall be 
25adopted by the Department by rule. The
treatment provider shall 
26have in place a mechanism for receiving and responding
to such 
 
 
SB2834- 81 -LRB100 16078 KTG 33917 b


1complaints, and shall inform the patient and the patient's his 
2family or legal
guardian of this mechanism and how to use it. 
3The provider shall analyze any
complaint received and, when 
4indicated, take appropriate corrective action.
Every patient 
5and his or her family member or legal guardian who makes a 
6complaint
shall receive a timely response from the provider 
7that which substantively addresses
the complaint. The provider 
8shall inform the patient and the patient's his family or legal

9guardian about other sources of assistance if the provider has 
10not resolved the
complaint to the satisfaction of the patient 
11or the patient's his family or legal guardian. 

12 (y) A patient resident may refuse to perform labor at a 
13program unless such labor
is a part of the patient's his 
14individual treatment plan program as documented in the 
15patient's his clinical
record.

16 (z) A person who is in need of services treatment may apply 
17for voluntary admission
to a treatment program in the manner 
18and with the rights provided for under
regulations promulgated 
19by the Department. If a person is refused admission, then 
20staff, to
a licensed treatment program, the staff of the 
21program, subject to rules
promulgated by the Department, shall 
22refer the person to another facility or to other appropriate 
23services. treatment or
other appropriate program. 

24 (aa) No patient shall be denied services based solely on 
25HIV status.
Further, records and information governed by the 
26AIDS Confidentiality Act and
the AIDS Confidentiality and 
 
 
SB2834- 82 -LRB100 16078 KTG 33917 b


1Testing Code (77 Ill. Adm. Code 697) shall be
maintained in 
2accordance therewith.

3 (bb) Records of the identity, diagnosis, prognosis or 
4treatment of any
patient maintained in connection with the 
5performance of any service program or
activity relating to 
6substance use disorder alcohol or other drug abuse or 
7dependency education, early
intervention, intervention, 
8training, or treatment that or rehabilitation which is

9regulated, authorized, or directly or indirectly assisted by 
10any Department or
agency of this State or under any provision 
11of this Act shall be confidential
and may be disclosed only in 
12accordance with the provisions of federal law and
regulations 
13concerning the confidentiality of substance use disorder 
14alcohol and drug abuse patient
records as contained in 42 
15U.S.C. Sections 290dd-3 and 290ee-3 and 42 C.F.R.
Part 2.


16  (1) The following are exempt from the confidentiality 
17 protections set
forth in 42 C.F.R. Section 2.12(c):


18   (A) Veteran's Administration records.


19   (B) Information obtained by the Armed Forces.


20   (C) Information given to qualified service 
21 organizations.


22   (D) Communications within a program or between a 
23 program and an entity
having direct administrative 
24 control over that program.


25   (E) Information given to law enforcement personnel 
26 investigating a
patient's commission of a crime on the 
 
 
SB2834- 83 -LRB100 16078 KTG 33917 b


1 program premises or against program
personnel.


2   (F) Reports under State law of incidents of 
3 suspected child abuse and
neglect; however, 
4 confidentiality restrictions continue to
apply to the 
5 records and any follow-up information for disclosure 
6 and use in
civil or criminal proceedings arising from 
7 the report of suspected abuse or
neglect.


8  (2) If the information is not exempt, a disclosure can 
9 be made only under
the following circumstances:


10   (A) With patient consent as set forth in 42 C.F.R. 
11 Sections 2.1(b)(1)
and 2.31, and as consistent with 
12 pertinent State law.


13   (B) For medical emergencies as set forth in 42 
14 C.F.R. Sections
2.1(b)(2) and 2.51.


15   (C) For research activities as set forth in 42 
16 C.F.R. Sections
2.1(b)(2) and 2.52.


17   (D) For audit evaluation activities as set forth in 
18 42 C.F.R. Section
2.53.


19   (E) With a court order as set forth in 42 C.F.R. 
20 Sections 2.61 through
2.67.


21  (3) The restrictions on disclosure and use of patient 
22 information apply
whether the holder of the information 
23 already has it, has other means of
obtaining it, is a law 
24 enforcement or other official, has obtained a subpoena,
or 
25 asserts any other justification for a disclosure or use 
26 that which is not
permitted by 42 C.F.R. Part 2. Any court 
 
 
SB2834- 84 -LRB100 16078 KTG 33917 b


1 orders authorizing disclosure of
patient records under 
2 this Act must comply with the procedures and criteria set

3 forth in 42 C.F.R. Sections 2.64 and 2.65. Except as 
4 authorized by a court
order granted under this Section, no 
5 record referred to in this Section may be
used to initiate 
6 or substantiate any charges against a patient or to conduct

7 any investigation of a patient.


8  (4) The prohibitions of this subsection shall apply to 
9 records concerning
any person who has been a patient, 
10 regardless of whether or when the person he ceases to
be a 
11 patient.


12  (5) Any person who discloses the content of any record 
13 referred to in this
Section except as authorized shall, 
14 upon conviction, be guilty of a Class A
misdemeanor.


15  (6) The Department shall prescribe regulations to 
16 carry out the purposes
of
this subsection. These 
17 regulations may contain such definitions, and may
provide 
18 for such safeguards and procedures, including procedures 
19 and criteria
for the issuance and scope of court orders, as 
20 in the judgment of the
Department are necessary or proper 
21 to effectuate the purposes of this Section,
to prevent 
22 circumvention or evasion thereof, or to facilitate 
23 compliance
therewith. 

24 (cc) Each patient shall be given a written explanation of 
25all the rights
enumerated in this Section and a copy, signed by 
26the patient, shall be kept in every patient record. If a 
 
 
SB2834- 85 -LRB100 16078 KTG 33917 b


1patient is unable to read such written
explanation, it shall be 
2read to the patient in a language that the patient
understands. 
3A copy of all the rights enumerated in this Section shall be

4posted in a conspicuous place within the program where it may 
5readily be
seen and read by program patients and visitors. 

6 (dd) The program shall ensure that its staff is familiar 
7with and observes
the rights and responsibilities enumerated in 
8this Section.

9 (ee) Licensed organizations shall comply with the right of 
10any adolescent to consent to treatment without approval of the 
11parent or legal guardian in accordance with the Consent by 
12Minors to Medical Procedures Act. 
13 (ff) At the point of admission for services, licensed 
14organizations must obtain written informed consent, as defined 
15in Section 1-10 and in administrative rule, from each client, 
16patient, or legal guardian. 
17(Source: P.A. 99-143, eff. 7-27-15.)





18 (20 ILCS 301/35-5)



19 Sec. 35-5. Services for pregnant women and mothers. 

20 (a) In order to promote a comprehensive, statewide and 
21multidisciplinary
approach to serving addicted pregnant women 
22and mothers, including those who
are minors, and their children 
23who are affected by substance use disorders, alcoholism and 
24other drug
abuse or dependency, the Department shall have 
25responsibility for an ongoing
exchange of referral 
 
 
SB2834- 86 -LRB100 16078 KTG 33917 b


1information, as set forth in subsections (b) and (c) of
this 
2Section, among the following:


3  (1) those who provide medical and social services to 
4 pregnant women,
mothers and their children, whether or not 
5 there exists evidence of a substance use disorder. These 
6 include any other State-funded medical or social services 
7 to pregnant women. alcoholism
or other drug abuse or 
8 dependency. These include providers in the Healthy

9 Moms/Healthy Kids program, the Drug Free Families With a 
10 Future program, the
Parents Too Soon program, and any other 
11 State-funded medical or social service
programs which 
12 provide services to pregnant women.


13  (2) providers of treatment services to women affected 
14 by substance use disorders. alcoholism or
other drug abuse 
15 or dependency.

16 (b) (Blank). The Department may, in conjunction with the 
17Departments of Children and
Family Services, Public Health and 
18Public Aid, develop and maintain an updated
and comprehensive 
19list of medical and social service providers by geographic

20region. The Department may periodically send this 
21comprehensive list of
medical and social service providers to 
22all providers of treatment for
alcoholism and other drug abuse 
23and dependency, identified under subsection (f)
of this 
24Section, so that appropriate referrals can be made. The 
25Department
shall obtain the specific consent of each provider 
26of services before
publishing, distributing, verbally making 
 
 
SB2834- 87 -LRB100 16078 KTG 33917 b


1information available for purposes of
referral, or otherwise 
2publicizing the availability of services from a
provider. The 
3Department may make information concerning availability of

4services available to recipients, but may not require 
5recipients to specific
sources of care.

6 (c) (Blank). The Department may, on an ongoing basis, keep 
7all medical and social
service providers identified under 
8subsection (b) of this Section informed
about any relevant 
9changes in any laws relating to alcoholism and other drug
abuse 
10and dependency, about services that are available from any 
11State agencies
for addicted pregnant women and addicted mothers 
12and their children, and about
any other developments that the 
13Department finds to be informative.

14 (d) (Blank). All providers of treatment for alcoholism and 
15other drug abuse and
dependency may receive information from 
16the Department on the availability of
services under the Drug 
17Free Families with a Future or any comparable program
providing 
18case management services for alcoholic or addicted women, 
19including
information on appropriate referrals for other 
20services that may be needed in
addition to treatment. 

21 (e) (Blank). The Department may implement the policies and 
22programs set forth in
this Section with the advice of the 
23Committee on Women's Alcohol and Substance
Abuse Treatment 
24created under Section 10-20 of this Act.

25 (f) The Department shall develop and maintain an updated 
26and comprehensive
directory of service providers that provide 
 
 
SB2834- 88 -LRB100 16078 KTG 33917 b


1treatment services to pregnant
women, mothers, and their 
2children in this State. The Department shall
disseminate an 
3updated directory as often as is necessary to the list of

4medical and social service providers compiled under subsection 
5(b) of this
Section. The Department shall obtain the specific 
6consent of each provider of
services before publishing, 
7distributing, verbally making information available
for 
8purposes of referral or otherwise using or publicizing the 
9availability of
services from a provider. The Department may 
10make information concerning
availability of services available 
11to recipients, but may not require
recipients to use specific 
12sources of care.

13 (g) As a condition of any State grant or contract, the 
14Department shall
require that any treatment program for 
15addicted women with substance use disorders provide services, 
16either
by its own staff or by agreement with other agencies or 
17individuals, which
include but need not be limited to the 
18following:


19  (1) coordination with any the Healthy Moms/Healthy 
20 Kids program, the Drug Free
Families with a Future program, 
21 or any comparable program providing case
management 
22 services to ensure assure ongoing monitoring and 
23 coordination of services
after the addicted woman has 
24 returned home.


25  (2) coordination with medical services for individual 
26 medical care of
addicted pregnant women, including 
 
 
SB2834- 89 -LRB100 16078 KTG 33917 b


1 prenatal care under the supervision of a
physician.


2  (3) coordination with child care services. under any 
3 State plan developed
pursuant to subsection (e) of Section 
4 10-25 of this Act.

5 (h) As a condition of any State grant or contract, the 
6Department shall
require that any nonresidential program 
7receiving any funding for treatment
services accept women who 
8are pregnant, provided that such services are
clinically 
9appropriate. Failure to comply with this subsection shall 
10result in
termination of the grant or contract and loss of 
11State funding. 

12 (i)(1) From funds appropriated expressly for the purposes 
13of this Section,
the Department shall create or contract with 
14licensed, certified agencies to
develop a program for the care 
15and treatment of addicted pregnant women,
addicted mothers and 
16their children. The program shall be in Cook County in an
area 
17of high density population having a disproportionate number of 
18addicted
women with substance use disorders and a high infant 
19mortality rate.

20 (2) From funds appropriated expressly for the purposes of 
21this Section,
the
Department shall create or contract with 
22licensed, certified agencies to
develop a program for the care 
23and treatment of low income pregnant women. The
program shall 
24be located anywhere in the State outside of Cook County in an

25area of high density population having a disproportionate 
26number of low income
pregnant women.

 
 
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1 (3) In implementing the programs established under this 
2subsection, the
Department shall contract with existing 
3residential treatment or residencies or recovery homes in areas

4having a disproportionate number of women with substance use 
5disorders who who abuse alcohol or other drugs and
need 
6residential treatment and counseling. Priority shall be given 
7to addicted
and abusing women who:


8  (A) are pregnant, especially if they are intravenous 
9 drug users, 


10  (B) have minor children,


11  (C) are both pregnant and have minor children, or


12  (D) are referred by medical personnel because they 
13 either have given
birth
to a baby with a substance use 
14 disorder, addicted to a controlled substance, or will give 
15 birth to a baby
with a addicted to a controlled substance 
16 use disorder.

17 (4) The services provided by the programs shall include but 
18not be limited
to:


19  (A) individual medical care, including prenatal care, 
20 under the
supervision of a physician.


21  (B) temporary, residential shelter for pregnant women, 
22 mothers and
children when necessary.


23  (C) a range of educational or counseling services.


24  (D) comprehensive and coordinated social services, 
25 including substance
abuse therapy groups for the treatment 
26 of substance use disorders; alcoholism and other drug abuse 
 
 
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1 and
dependency; family therapy groups; programs to develop 
2 positive self-awareness;
parent-child therapy; and 
3 residential support groups.

4 (5) (Blank). No services that require a license shall be 
5provided until and unless
the recovery home or other residence 
6obtains and maintains the requisite
license.

7(Source: P.A. 88-80.)





8 (20 ILCS 301/35-10)



9 Sec. 35-10. Adolescent Family Life Program. 

10 (a) The General Assembly finds and declares the following:


11  (1) In Illinois, a substantial number of babies are 
12 born each year to
adolescent mothers between 12 and 19 
13 years of age.


14  (2) A substantial percentage of pregnant adolescents 
15 have substance use disorders either
abuse substances by 
16 experimenting with alcohol and drugs or live in 
17 environments an
environment in which substance use 
18 disorders occur abuse occurs and thus are at risk of 
19 exposing
their infants to dangerous and harmful 
20 circumstances substances.


21  (3) It is difficult to provide substance use disorder 
22 abuse counseling for adolescents
in settings designed to 
23 serve adults.

24 (b) To address the findings set forth in subsection (a), 
25and subject to appropriation, the Department of
Human Services 
 
 
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1as successor to the Department of Alcoholism and Substance 
2Abuse
may
establish and fund treatment strategies a 3-year 
3demonstration program in Cook County to be known as the

4Adolescent Family Life Program. The program shall
be designed 
5specifically to meet the developmental, social, and 
6educational
needs of high-risk pregnant adolescents and shall 
7do the
following:


8  (1) To the maximum extent feasible and appropriate, 
9 utilize existing
services programs and funding rather than 
10 create new, duplicative programs and services.


11  (2) Include plans for coordination and collaboration 
12 with existing
perinatal substance use disorder services. 
13 abuse programs.


14  (3) Include goals and objectives for reducing the 
15 incidence of high-risk
pregnant adolescents.


16  (4) Be culturally and linguistically appropriate to 
17 the population
being served.


18  (5) Include staff development training by substance 
19 use disorder abuse counselors.

20 As used in this Section, "high-risk pregnant adolescent" 
21means a person at
least 12
but not more than 18 years of age 
22with a substance use disorder who uses alcohol to excess, is 
23addicted to a
controlled substance, or habitually uses cannabis 
24and is pregnant.

25 (c) (Blank). If the Department establishes a program under 
26this Section, the
Department shall report the following to the 
 
 
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1General Assembly on or before the
first day of the thirty-first 
2month following the month in which the program is
initiated:


3  (1) An accounting of the incidence of high-risk 
4 pregnant
adolescents who are abusing alcohol or drugs or a 
5 combination of alcohol and
drugs.


6  (2) An accounting of the health outcomes of infants of 
7 high-risk pregnant
adolescents, including infant 
8 morbidity, rehospitalization, low
birth weight, premature 
9 birth, developmental delay, and other related areas.


10  (3) An accounting of school enrollment among high-risk 
11 pregnant
adolescents.


12  (4) An assessment of the effectiveness of the 
13 counseling services in
reducing the incidence of high-risk 
14 pregnant adolescents who are
abusing alcohol or drugs or a 
15 combination of alcohol and drugs.


16  (5) The effectiveness of the component of other health 
17 programs aimed at
reducing substance use among pregnant 
18 adolescents.


19  (6) The need for an availability of substance abuse 
20 treatment programs in
the program areas that are 
21 appropriate, acceptable, and accessible to
adolescents.

22(Source: P.A. 90-238, eff. 1-1-98.)


23 (20 ILCS 301/Art. 40 heading)
24
ARTICLE 40.  SUBSTANCE USE DISORDER  TREATMENT  ALTERNATIVES


25
FOR CRIMINAL JUSTICE CLIENTS



 
 
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1 (20 ILCS 301/40-5)
2 Sec. 40-5. Election of treatment. An individual with a 
3substance use disorder addict or alcoholic who is charged
with 
4or convicted of a crime or any other person charged with or 
5convicted of a misdemeanor violation of the Use of Intoxicating 
6Compounds Act and who has not been previously convicted of a 
7violation of that Act may elect treatment under the supervision 
8of any licensed treatment program, a
licensed program 
9designated by the Department, referred to in this Article
as 
10"designated program", unless:
11  (1) the crime is a crime of violence;
12  (2) the crime is a violation of Section 401(a), 401(b), 
13 401(c) where the
person electing treatment has been 
14 previously convicted of a non-probationable
felony or the 
15 violation is non-probationable, 401(d) where the violation 
16 is
non-probationable, 401.1, 402(a), 405 or 407 of the 
17 Illinois Controlled
Substances
Act, or Section 12-7.3 of 
18 the Criminal Code of 2012, or Section 4(d), 4(e), 4(f), 
19 4(g), 5(d), 5(e), 5(f), 5(g), 5.1, 7
or 9 of the Cannabis 
20 Control Act or Section 15, 20, 55, 60(b)(3), 60(b)(4), 
21 60(b)(5), 60(b)(6), or 65 of the Methamphetamine Control 
22 and Community Protection Act or is otherwise ineligible for 
23 probation under Section 70 of the Methamphetamine Control 
24 and Community Protection Act;
25  (3) the person has a record of 2 or more convictions of 
 
 
SB2834- 95 -LRB100 16078 KTG 33917 b


1 a crime of
violence;
2  (4) other criminal proceedings alleging commission of 
3 a felony are pending
against the person;
4  (5) the person is on probation or parole and the 
5 appropriate parole or
probation authority does not consent 
6 to that election;
7  (6) the person elected and was admitted to a treatment 
8 designated program on 2 prior
occasions within any 
9 consecutive 2-year period;
10  (7) the person has been convicted of residential 
11 burglary and has a record
of one or more felony 
12 convictions;
13  (8) the crime is a violation of Section 11-501 of the 
14 Illinois Vehicle
Code or a similar provision of a local 
15 ordinance; or
16  (9) the crime is a reckless homicide or a reckless 
17 homicide of an unborn
child, as defined in Section 9-3 or 
18 9-3.2 of the Criminal Code of 1961 or the Criminal Code of 
19 2012, in
which the cause of death consists of the driving 
20 of a motor vehicle by a person
under the influence of 
21 alcohol or any other drug or drugs at the time of the

22 violation.
23 Nothing in this Section shall preclude an individual who is 
24charged with or convicted of a crime that is a violation of 
25Section 60(b)(1) or 60(b)(2) of the Methamphetamine Control and 
26Community Protection Act, and who is otherwise eligible to make 
 
 
SB2834- 96 -LRB100 16078 KTG 33917 b


1the election provided for under this Section, from being 
2eligible to make an election for treatment as a condition of 
3probation as provided for under this Article.
4(Source: P.A. 98-896, eff. 1-1-15; 98-1124, eff. 8-26-14; 
599-78, eff. 7-20-15.)



6 (20 ILCS 301/40-10)



7 Sec. 40-10. Treatment as a condition of probation. 

8 (a) If a court has reason to believe that an individual who 
9is charged with
or convicted of a crime suffers from a 
10substance use disorder alcoholism or other drug addiction and 
11the
court finds that he or she is eligible to make the election 
12provided for under Section
40-5, the court shall advise the 
13individual that he or she
may be sentenced to probation and

14shall be subject to terms and conditions of probation under

15Section 5-6-3 of the Unified Code of Corrections
if he or she 
16elects to participate in submit to treatment and is accepted 
17for
services by a licensed treatment facility. treatment by a 
18designated program. The court shall further advise the

19individual that:

20  (1) If if he or she elects to participate in submit to 
21 treatment and is accepted he or
she
shall be sentenced to 
22 probation and placed under the supervision of the treatment 
23 designated program
for a period
not to exceed the maximum 
24 sentence that could be imposed for his or her conviction or

25 5 years, whichever is less.

 
 
SB2834- 97 -LRB100 16078 KTG 33917 b


1  (2) (Blank). during probation he or she may be treated 
2 at the discretion of the
designated
program.

3  (3) If if he or she adheres to the requirements of the 
4 treatment designated program
and
fulfills the other 
5 conditions of probation ordered by the court, he or she

6 will be
discharged, but any failure to adhere to the 
7 requirements of the treatment designated
program is a 
8 breach of probation. 

9 The court may require certify an individual to obtain for 
10treatment while on
probation under the supervision of a 
11treatment designated program and probation
authorities 
12regardless of the election of the individual if the assessment, 
13as specified in subsection (b), indicates that such treatment 
14is medically necessary.

15 (b) If the individual elects to undergo treatment or is 
16required to obtain certified for
treatment, the court shall 
17order an assessment by a licensed treatment examination by a 
18designated program to
determine whether he or she suffers from 
19a substance use disorder alcoholism or other drug addiction and 
20is
likely to be rehabilitated through treatment. The treatment 
21designated program shall
report to the court the results of the 
22assessment and, if treatment is determined medically 
23necessary, indicate the diagnosis and the recommended initial 
24level of care. examination and recommend whether the
individual 
25should be placed for treatment. If the court, on the basis of 
26the
report and other information, finds that such an individual 
 
 
SB2834- 98 -LRB100 16078 KTG 33917 b


1suffers from
a substance use disorder alcoholism or other drug 
2addiction and is likely to be rehabilitated through
treatment, 
3the individual shall be placed on probation and under the

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

19 (c) If the court, on the basis of the report or other 
20information, finds
that the individual suffering from a 
21substance use disorder alcoholism or other drug addiction is 
22not
likely to be rehabilitated through treatment, or that his 
23or her substance use disorder addiction or
alcoholism and the 
24crime committed are not significantly related, or that his
or 
25her imprisonment or periodic imprisonment is necessary for the 
26protection of the
public, the court shall impose sentence as in 
 
 
SB2834- 99 -LRB100 16078 KTG 33917 b


1other cases. The court may
require such progress reports on the 
2individual from the probation officer and
treatment designated 
3program as the court finds necessary. No individual may be 
4placed
under treatment supervision of a treatment program 
5unless the treatment program accepts him or her for services. 
6unless a designated program accepts him for
treatment.

7 (d) Failure of an individual placed on probation and under 
8the supervision
of a treatment designated program to observe 
9the requirements set down by the treatment designated
program 
10shall be considered a probation violation. Such failure shall 
11be
reported by the treatment designated program to the 
12probation officer in charge of the
individual and treated in 
13accordance with probation regulations.

14 (e) Upon successful fulfillment of the terms and conditions 
15of probation the
court shall discharge the person from 
16probation. If the person has not
previously been convicted of 
17any felony offense and has not previously been
granted a 
18vacation of judgment under this Section, upon motion, the court 
19shall
vacate the judgment of conviction and dismiss the 
20criminal proceedings against
him or her unless, having 
21considered the nature and circumstances of the offense and
the 
22history, character and condition of the individual, the court 
23finds that
the motion should not be granted. Unless good cause 
24is shown, such motion to
vacate must be filed at any time from 
25the date of the entry of the judgment to a date that is not more 
26than 60 days after the discharge of the probation.

 
 
SB2834- 100 -LRB100 16078 KTG 33917 b


1(Source: P.A. 99-574, eff. 1-1-17.)





2 (20 ILCS 301/40-15)



3 Sec. 40-15. Acceptance for treatment as a parole or 
4aftercare release condition. Acceptance
for treatment for a 
5substance use disorder drug addiction or alcoholism under the 
6supervision of a
treatment designated program may be made a 
7condition of parole or aftercare release, and failure to comply

8with such services treatment may be treated as a violation of 
9parole or aftercare release. A treatment designated
program 
10shall establish the conditions under which a parolee or 
11releasee is accepted
for services treatment. No parolee or 
12releasee may be placed under the supervision of a treatment 
13designated
program for treatment unless the designated program 
14accepts him or her for treatment.
The treatment designated 
15program shall make periodic progress reports regarding each 
16such
parolee or releasee to the appropriate parole authority 
17and shall report failures to comply
with the prescribed 
18treatment program. 

19(Source: P.A. 98-558, eff. 1-1-14.)





20 (20 ILCS 301/45-5)



21 Sec. 45-5. Inspections. 

22 (a) Employees or officers of the Department are authorized 
23to enter, at
reasonable times and upon presentation of 
24credentials, the premises on which
any licensed or funded 
 
 
SB2834- 101 -LRB100 16078 KTG 33917 b


1activity is conducted, including off-site services,
in order to 
2inspect all pertinent
property, records, personnel and 
3business data that which relate to such activity.

4 (b) When authorized by an administrative inspection 
5warrant issued pursuant
to this Act, any officer or employee 
6may execute the inspection warrant
according to its terms. 
7Entries, inspections and seizures of property may be
made 
8without a warrant:


9  (1) if the person in charge of the premises consents.


10  (2) in situations presenting imminent danger to health 
11 or safety.


12  (3) in situations involving inspections of conveyances 
13 if there is
reasonable cause to believe that the mobility 
14 of the conveyance makes it
impracticable to obtain a 
15 warrant.


16  (4) in any other exceptional or emergency 
17 circumstances where time or
opportunity to apply for a 
18 warrant is lacking.

19 (c) Issuance and execution of administrative inspection 
20warrants shall be
as follows.


21  (1) A judge of the circuit court, upon proper oath or 
22 affirmation showing
probable cause, may issue 
23 administrative inspection warrants for the purpose of

24 conducting inspections and seizing property. Probable 
25 cause exists upon
showing a valid public interest in the 
26 effective enforcement of this Act or
regulations 
 
 
SB2834- 102 -LRB100 16078 KTG 33917 b


1 promulgated hereunder, sufficient to justify inspection or 
2 seizure
of property.


3  (2) An inspection warrant shall be issued only upon an 
4 affidavit of a
person having knowledge of the facts 
5 alleged, sworn to before the circuit judge
and established 
6 as grounds for issuance of a warrant. If the circuit judge 
7 is
satisfied that probable cause exists, he shall issue an 
8 inspection warrant
identifying the premises to be 
9 inspected, the property, if any, to be seized,
and the 
10 purpose of the inspection or seizure.


11  (3) The inspection warrant shall state the grounds for 
12 its issuance, the
names of persons whose affidavits have 
13 been taken in support thereof and any
items or types of 
14 property to be seized.


15  (4) The inspection warrant shall be directed to a 
16 person authorized by the
Secretary to execute it, shall 
17 command the person to inspect
or seize the
property, direct 
18 that it be served at any time of day or night, and 
19 designate a
circuit judge to whom it shall be returned.


20  (5) The inspection warrant must be executed and 
21 returned within 10 days of
the date of issuance unless the 
22 court orders otherwise.


23  (6) If property is seized, an inventory shall be made. 
24 A copy of the
inventory of the seized property shall be 
25 given to the person from whom the
property was taken, or if 
26 no person is available to receive the inventory, it
shall 
 
 
SB2834- 103 -LRB100 16078 KTG 33917 b


1 be left at the premises.


2  (7) No warrant shall be quashed nor evidence suppressed 
3 because of
technical irregularities not affecting the 
4 substantive rights of the persons
affected. The Department 
5 shall have exclusive jurisdiction for the enforcement
of 
6 this Act and for violations thereof.

7(Source: P.A. 88-80; 89-202, eff. 7-21-95; 89-507, eff. 
87-1-97.)





9 (20 ILCS 301/50-10)



10 Sec. 50-10. Alcoholism and Substance Abuse Fund. Monies 
11received from the
federal government, except monies received 
12under the Block Grant for the
Prevention and Treatment of 
13Alcoholism and Substance Abuse, and other gifts or
grants made 
14by any person or other organization or State entity to the fund 
15shall be deposited into the Alcoholism and
Substance Abuse Fund 
16which is hereby created as a special fund in the State

17treasury. Monies in this fund shall be appropriated to the 
18Department and
expended for the purposes and activities 
19specified by the person, organization
or federal agency making 
20the gift or grant.

21(Source: P.A. 98-463, eff. 8-16-13.)





22 (20 ILCS 301/50-20)



23 Sec. 50-20. Drunk and Drugged Driving Prevention Fund. 
24There is hereby
created in the State treasury a special fund to 
 
 
SB2834- 104 -LRB100 16078 KTG 33917 b


1be known as the Drunk and
Drugged Driving Prevention Fund. 
2There shall be deposited into this Fund such
amounts as may be 
3received pursuant to subsection (c)(2) of Section 6-118 of
the 
4Illinois Vehicle Code. Monies in this fund shall be 
5appropriated to the
Department and expended for the purpose of 
6making grants to reimburse DUI
evaluation and risk remedial 
7education programs licensed by the Department for the
costs of 
8providing indigent persons with free or reduced-cost services 
9relating
to a criminal charge of driving under the influence of 
10alcohol or other drugs.
Monies in the Drunk and Drugged Driving 
11Prevention Fund may also be used to
enhance and support 
12regulatory inspections and investigations conducted by the

13Department under Article 45 of this Act. The balance of the 
14Fund on June 30 of
each fiscal year, less the amount of any 
15expenditures attributable to that
fiscal year during the lapse 
16period, shall be transferred by the Treasurer to
the General 
17Revenue Fund by the following October 10.

18(Source: P.A. 88-80.)





19 (20 ILCS 301/50-40)



20 Sec. 50-40. Group Home Loan Revolving Fund. 

21 (a) There is hereby established the Group Home Loan 
22Revolving Fund, referred
to in this Section as the "fund", to 
23be held as a separate fund within the
State Treasury. Monies in 
24this fund shall be appropriated to the Department on
a 
25continuing annual basis. With these funds, the Department 
 
 
SB2834- 105 -LRB100 16078 KTG 33917 b


1shall, directly or
through subcontract, make loans to assist in 
2underwriting the costs of housing
in which there may reside no 
3fewer than 6 individuals who are recovering from
substance use 
4disorders alcohol or other drug abuse or dependency, and who 
5are seeking an alcohol-free or a drug-free
environment in which 
6to live. Consistent with federal law and regulation, the

7Department may establish guidelines for approving the use and 
8management of monies loaned
from the fund, the operation of 
9group homes receiving loans under this Section
and the 
10repayment of monies loaned.

11 (b) There shall be deposited into the fund such amounts 
12including, but not
limited to:


13  (1) all receipts, including principal and interest 
14 payments and royalties,
from any applicable loan agreement 
15 made from the fund.


16  (2) all proceeds of assets of whatever nature received 
17 by the Department
as a result of default or delinquency 
18 with respect to loan agreements made from
the fund, 
19 including proceeds from the sale, disposal, lease or rental 
20 of real
or personal property that which the Department may 
21 receive as a result thereof.


22  (3) any direct appropriations made by the General 
23 Assembly, or any gifts
or grants made by any person to the 
24 fund.


25  (4) any income received from interest on investments of 
26 monies in the
fund.

 
 
SB2834- 106 -LRB100 16078 KTG 33917 b


1 (c) The Treasurer may invest monies in the fund in 
2securities constituting
obligations of the United States 
3government, or in obligations the principal of
and interest on 
4which are guaranteed by the United States government, or in

5certificates of deposit of any State or national bank which are 
6fully secured
by obligations guaranteed as to principal and 
7interest by the United States
government.

8(Source: P.A. 88-80.)


9 (20 ILCS 301/55-25)
10 Sec. 55-25. Drug court grant program. 
11 (a) Subject to appropriation, the Department Division of 
12Alcoholism and Substance Abuse within the Department of Human 
13Services shall establish a program to administer grants to 
14local drug courts. Grant moneys may be used for the following 
15purposes:
16  (1) treatment or other clinical intervention through 
17 an appropriately licensed provider;
18  (2) monitoring, supervision, and clinical case 
19 management via probation or licensed treatment providers; , 
20 TASC, or other licensed Division of Alcoholism and 
21 Substance Abuse (DASA) providers;
22  (3) transportation of the offender to required 
23 appointments;
24  (4) interdisciplinary and other training of both 
25 clinical and legal professionals who are involved in the 
 
 
SB2834- 107 -LRB100 16078 KTG 33917 b


1 local drug court;
2  (5) other activities including data collection related 
3 to drug court operation and purchase of software or other 
4 administrative tools to assist in the overall management of 
5 the local system; or
6  (6) court appointed special advocate programs.

7 (b) The position of Statewide Drug Court Coordinator is 
8created as a full-time position within the Department Division 
9of Alcoholism and Substance Abuse. The Statewide Drug Court 
10Coordinator shall be responsible for the following:

11  (1) coordinating training, technical assistance, and 
12 overall support to drug courts in Illinois;

13  (2) assisting in the development of new drug courts and 
14 advising local partnerships on appropriate practices;

15  (3) collecting data from local drug court partnerships 
16 on drug court operations and aggregating that data into an 
17 annual report to be presented to the General Assembly; and

18  (4) acting as a liaison between the State and the 
19 Illinois Association of Drug Court Professionals.


20(Source: P.A. 95-204, eff. 1-1-08.)

21 (20 ILCS 301/55-30)
22 Sec. 55-30. Rate increase. The Department Within 30 days 
23after the effective date of this amendatory Act of the 100th 
24General Assembly, the Division of Alcoholism and Substance 
25Abuse shall by rule develop the increased rate methodology and 
 
 
SB2834- 108 -LRB100 16078 KTG 33917 b


1annualize the increased rate beginning with State fiscal year 
22018 contracts to licensed providers of community-based 
3substance use disorder intervention or treatment community 
4based addiction treatment, based on the additional amounts 
5appropriated for the purpose of providing a rate increase to 
6licensed providers of community based addiction treatment. The 
7Department shall adopt rules, including emergency rules under 
8subsection (y) of Section 5-45 of the Illinois Administrative 
9Procedure Act, to implement the provisions of this Section.

10(Source: P.A. 100-23, eff. 7-6-17.)


11 (20 ILCS 301/10-20 rep.)


12 (20 ILCS 301/10-25 rep.)


13 (20 ILCS 301/10-30 rep.)


14 (20 ILCS 301/10-55 rep.)


15 (20 ILCS 301/10-60 rep.)

16 Section 10. The Alcoholism and Other Drug Abuse and 
17Dependency Act is amended by repealing Sections 10-20, 10-25, 
1810-30, 10-55, and 10-60.

19 Section 11. The Children and Family Services Act is amended 
20by changing Section 5 as follows:


21 (20 ILCS 505/5) (from Ch. 23, par. 5005)



22 Sec. 5. Direct child welfare services; Department of 
23Children and Family
Services.  To provide direct child welfare 
 
 
SB2834- 109 -LRB100 16078 KTG 33917 b


1services when not available
through other public or private 
2child care or program facilities.

3 (a) For purposes of this Section:

4  (1) "Children" means persons found within the State who 
5 are under the
age of 18 years. The term also includes 
6 persons under age 21 who:

7   (A) were committed to the Department pursuant to 
8 the
Juvenile Court Act or the Juvenile Court Act of 
9 1987, as amended, prior to
the age of 18 and who 
10 continue under the jurisdiction of the court; or

11   (B) were accepted for care, service and training by

12 the Department prior to the age of 18 and whose best 
13 interest in the
discretion of the Department would be 
14 served by continuing that care,
service and training 
15 because of severe emotional disturbances, physical

16 disability, social adjustment or any combination 
17 thereof, or because of the
need to complete an 
18 educational or vocational training program.

19  (2) "Homeless youth" means persons found within the

20 State who are under the age of 19, are not in a safe and 
21 stable living
situation and cannot be reunited with their 
22 families.

23  (3) "Child welfare services" means public social 
24 services which are
directed toward the accomplishment of 
25 the following purposes:

26   (A) protecting and promoting the health, safety 
 
 
SB2834- 110 -LRB100 16078 KTG 33917 b


1 and welfare of
children,
including homeless, dependent 
2 or neglected children;

3   (B) remedying, or assisting in the solution
of 
4 problems which may result in, the neglect, abuse, 
5 exploitation or
delinquency of children;

6   (C) preventing the unnecessary separation of 
7 children
from their families by identifying family 
8 problems, assisting families in
resolving their 
9 problems, and preventing the breakup of the family

10 where the prevention of child removal is desirable and 
11 possible when the
child can be cared for at home 
12 without endangering the child's health and
safety;

13   (D) restoring to their families children who have 
14 been
removed, by the provision of services to the child 
15 and the families when the
child can be cared for at 
16 home without endangering the child's health and

17 safety;

18   (E) placing children in suitable adoptive homes, 
19 in
cases where restoration to the biological family is 
20 not safe, possible or
appropriate;

21   (F) assuring safe and adequate care of children 
22 away from their
homes, in cases where the child cannot 
23 be returned home or cannot be placed
for adoption. At 
24 the time of placement, the Department shall consider

25 concurrent planning,
as described in subsection (l-1) 
26 of this Section so that permanency may
occur at the 
 
 
SB2834- 111 -LRB100 16078 KTG 33917 b


1 earliest opportunity. Consideration should be given so 
2 that if
reunification fails or is delayed, the 
3 placement made is the best available
placement to 
4 provide permanency for the child;

5   (G) (blank);

6   (H) (blank); and

7   (I) placing and maintaining children in facilities 
8 that provide
separate living quarters for children 
9 under the age of 18 and for children
18 years of age 
10 and older, unless a child 18 years of age is in the 
11 last
year of high school education or vocational 
12 training, in an approved
individual or group treatment 
13 program, in a licensed shelter facility,
or secure 
14 child care facility.
The Department is not required to 
15 place or maintain children:

16    (i) who are in a foster home, or

17    (ii) who are persons with a developmental 
18 disability, as defined in
the Mental
Health and 
19 Developmental Disabilities Code, or

20    (iii) who are female children who are 
21 pregnant, pregnant and
parenting or parenting, or

22    (iv) who are siblings, in facilities that 
23 provide separate living quarters for children 18

24 years of age and older and for children under 18 
25 years of age.

26 (b) Nothing in this Section shall be construed to authorize 
 
 
SB2834- 112 -LRB100 16078 KTG 33917 b


1the
expenditure of public funds for the purpose of performing 
2abortions.

3 (c) The Department shall establish and maintain 
4tax-supported child
welfare services and extend and seek to 
5improve voluntary services
throughout the State, to the end 
6that services and care shall be available
on an equal basis 
7throughout the State to children requiring such services.

8 (d) The Director may authorize advance disbursements for 
9any new program
initiative to any agency contracting with the 
10Department. As a
prerequisite for an advance disbursement, the 
11contractor must post a
surety bond in the amount of the advance 
12disbursement and have a
purchase of service contract approved 
13by the Department. The Department
may pay up to 2 months 
14operational expenses in advance. The amount of the
advance 
15disbursement shall be prorated over the life of the contract
or 
16the remaining months of the fiscal year, whichever is less, and 
17the
installment amount shall then be deducted from future 
18bills. Advance
disbursement authorizations for new initiatives 
19shall not be made to any
agency after that agency has operated 
20during 2 consecutive fiscal years.
The requirements of this 
21Section concerning advance disbursements shall
not apply with 
22respect to the following: payments to local public agencies
for 
23child day care services as authorized by Section 5a of this 
24Act; and
youth service programs receiving grant funds under 
25Section 17a-4.

26 (e) (Blank).

 
 
SB2834- 113 -LRB100 16078 KTG 33917 b


1 (f) (Blank).

2 (g) The Department shall establish rules and regulations 
3concerning
its operation of programs designed to meet the goals 
4of child safety and
protection,
family preservation, family 
5reunification, and adoption, including but not
limited to:

6  (1) adoption;

7  (2) foster care;

8  (3) family counseling;

9  (4) protective services;

10  (5) (blank);

11  (6) homemaker service;

12  (7) return of runaway children;

13  (8) (blank);

14  (9) placement under Section 5-7 of the Juvenile Court 
15 Act or
Section 2-27, 3-28, 4-25 or 5-740 of the Juvenile 
16 Court Act of 1987 in
accordance with the federal Adoption 
17 Assistance and Child Welfare Act of
1980; and


18  (10) interstate services.

19 Rules and regulations established by the Department shall 
20include
provisions for training Department staff and the staff 
21of Department
grantees, through contracts with other agencies 
22or resources, in alcohol
and drug abuse screening techniques to 
23identify substance use disorders, as defined in the Substance 
24Use Disorder Act, approved by the Department of Human
Services, 
25as a successor to the Department of Alcoholism and Substance 
26Abuse,
for the purpose of identifying children and adults who

 
 
SB2834- 114 -LRB100 16078 KTG 33917 b


1should be referred for an assessment at an organization 
2appropriately licensed by the Department of Human Services for 
3substance use disorder treatment to an alcohol and drug abuse 
4treatment program for
professional evaluation.

5 (h) If the Department finds that there is no appropriate 
6program or
facility within or available to the Department for a 
7youth in care and that no
licensed private facility has an 
8adequate and appropriate program or none
agrees to accept the 
9youth in care, the Department shall create an appropriate

10individualized, program-oriented plan for such youth in care. 
11The
plan may be developed within the Department or through 
12purchase of services
by the Department to the extent that it is 
13within its statutory authority
to do.

14 (i) Service programs shall be available throughout the 
15State and shall
include but not be limited to the following 
16services:

17  (1) case management;

18  (2) homemakers;

19  (3) counseling;

20  (4) parent education;

21  (5) day care; and

22  (6) emergency assistance and advocacy.

23 In addition, the following services may be made available 
24to assess and
meet the needs of children and families:

25  (1) comprehensive family-based services;

26  (2) assessments;

 
 
SB2834- 115 -LRB100 16078 KTG 33917 b


1  (3) respite care; and

2  (4) in-home health services.

3 The Department shall provide transportation for any of the 
4services it
makes available to children or families or for 
5which it refers children
or families.

6 (j) The Department may provide categories of financial 
7assistance and
education assistance grants, and shall

8establish rules and regulations concerning the assistance and 
9grants, to
persons who
adopt children with physical or mental 
10disabilities, children who are older, or other hard-to-place

11children who (i) immediately prior to their adoption were youth 
12in care or (ii) were determined eligible for financial 
13assistance with respect to a
prior adoption and who become 
14available for adoption because the
prior adoption has been 
15dissolved and the parental rights of the adoptive
parents have 
16been
terminated or because the child's adoptive parents have 
17died.
The Department may continue to provide financial 
18assistance and education assistance grants for a child who was 
19determined eligible for financial assistance under this 
20subsection (j) in the interim period beginning when the child's 
21adoptive parents died and ending with the finalization of the 
22new adoption of the child by another adoptive parent or 
23parents. The Department may also provide categories of 
24financial
assistance and education assistance grants, and

25shall establish rules and regulations for the assistance and 
26grants, to persons
appointed guardian of the person under 
 
 
SB2834- 116 -LRB100 16078 KTG 33917 b


1Section 5-7 of the Juvenile Court
Act or Section 2-27, 3-28, 
24-25 or 5-740 of the Juvenile Court Act of 1987
for children 
3who were youth in care for 12 months immediately
prior to the 
4appointment of the guardian.

5 The amount of assistance may vary, depending upon the needs 
6of the child
and the adoptive parents,
as set forth in the 
7annual
assistance agreement. Special purpose grants are 
8allowed where the child
requires special service but such costs 
9may not exceed the amounts
which similar services would cost 
10the Department if it were to provide or
secure them as guardian 
11of the child.

12 Any financial assistance provided under this subsection is

13inalienable by assignment, sale, execution, attachment, 
14garnishment, or any
other remedy for recovery or collection of 
15a judgment or debt.

16 (j-5) The Department shall not deny or delay the placement 
17of a child for
adoption
if an approved family is available 
18either outside of the Department region
handling the case,
or 
19outside of the State of Illinois.

20 (k) The Department shall accept for care and training any 
21child who has
been adjudicated neglected or abused, or 
22dependent committed to it pursuant
to the Juvenile Court Act or 
23the Juvenile Court Act of 1987.

24 (l) The Department shall
offer family preservation 
25services, as defined in Section 8.2 of the Abused
and
Neglected 
26Child
Reporting Act, to help families, including adoptive and 
 
 
SB2834- 117 -LRB100 16078 KTG 33917 b


1extended families.
Family preservation
services shall be 
2offered (i) to prevent the
placement
of children in
substitute 
3care when the children can be cared for at home or in the 
4custody of
the person
responsible for the children's welfare,

5(ii) to
reunite children with their families, or (iii) to

6maintain an adoptive placement. Family preservation services 
7shall only be
offered when doing so will not endanger the 
8children's health or safety. With
respect to children who are 
9in substitute care pursuant to the Juvenile Court
Act of 1987, 
10family preservation services shall not be offered if a goal 
11other
than those of subdivisions (A), (B), or (B-1) of 
12subsection (2) of Section 2-28
of
that Act has been set.

13Nothing in this paragraph shall be construed to create a 
14private right of
action or claim on the part of any individual 
15or child welfare agency, except that when a child is the 
16subject of an action under Article II of the Juvenile Court Act 
17of 1987 and the child's service plan calls for services to 
18facilitate achievement of the permanency goal, the court 
19hearing the action under Article II of the Juvenile Court Act 
20of 1987 may order the Department to provide the services set 
21out in the plan, if those services are not provided with 
22reasonable promptness and if those services are available.

23 The Department shall notify the child and his family of the

24Department's
responsibility to offer and provide family 
25preservation services as
identified in the service plan. The 
26child and his family shall be eligible
for services as soon as 
 
 
SB2834- 118 -LRB100 16078 KTG 33917 b


1the report is determined to be "indicated". The
Department may 
2offer services to any child or family with respect to whom a

3report of suspected child abuse or neglect has been filed, 
4prior to
concluding its investigation under Section 7.12 of the 
5Abused and Neglected
Child Reporting Act. However, the child's 
6or family's willingness to
accept services shall not be 
7considered in the investigation. The
Department may also 
8provide services to any child or family who is the
subject of 
9any report of suspected child abuse or neglect or may refer 
10such
child or family to services available from other agencies 
11in the community,
even if the report is determined to be 
12unfounded, if the conditions in the
child's or family's home 
13are reasonably likely to subject the child or
family to future 
14reports of suspected child abuse or neglect. Acceptance
of such 
15services shall be voluntary. The Department may also provide 
16services to any child or family after completion of a family 
17assessment, as an alternative to an investigation, as provided 
18under the "differential response program" provided for in 
19subsection (a-5) of Section 7.4 of the Abused and Neglected 
20Child Reporting Act.

21 The Department may, at its discretion except for those 
22children also
adjudicated neglected or dependent, accept for 
23care and training any child
who has been adjudicated addicted, 
24as a truant minor in need of
supervision or as a minor 
25requiring authoritative intervention, under the
Juvenile Court 
26Act or the Juvenile Court Act of 1987, but no such child
shall 
 
 
SB2834- 119 -LRB100 16078 KTG 33917 b


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

21of 1987, ii) a minor for whom an independent basis of abuse, 
22neglect, or dependency exists, which must be defined by 
23departmental rule, or (iii) a minor for whom the court has 
24granted a supplemental petition to reinstate wardship pursuant 
25to subsection (2) of Section 2-33 of the Juvenile Court Act of 
261987. An independent basis exists when the allegations or 
 
 
SB2834- 120 -LRB100 16078 KTG 33917 b


1adjudication of abuse, neglect, or dependency do not arise from 
2the same facts, incident, or circumstances which give rise to a 
3charge or adjudication of delinquency. The Department shall

4assign a caseworker to attend any hearing involving a youth in

5the care and custody of the Department who is placed on 
6aftercare release, including hearings
involving sanctions for 
7violation of aftercare release
conditions and aftercare 
8release revocation hearings. 

9 As soon as is possible after August 7, 2009 (the effective 
10date of Public Act 96-134), the Department shall develop and 
11implement a special program of family preservation services to 
12support intact, foster, and adoptive families who are 
13experiencing extreme hardships due to the difficulty and stress 
14of caring for a child who has been diagnosed with a pervasive 
15developmental disorder if the Department determines that those 
16services are necessary to ensure the health and safety of the 
17child. The Department may offer services to any family whether 
18or not a report has been filed under the Abused and Neglected 
19Child Reporting Act. The Department may refer the child or 
20family to services available from other agencies in the 
21community if the conditions in the child's or family's home are 
22reasonably likely to subject the child or family to future 
23reports of suspected child abuse or neglect. Acceptance of 
24these services shall be voluntary. The Department shall develop 
25and implement a public information campaign to alert health and 
26social service providers and the general public about these 
 
 
SB2834- 121 -LRB100 16078 KTG 33917 b


1special family preservation services. The nature and scope of 
2the services offered and the number of families served under 
3the special program implemented under this paragraph shall be 
4determined by the level of funding that the Department annually 
5allocates for this purpose. The term "pervasive developmental 
6disorder" under this paragraph means a neurological condition, 
7including but not limited to, Asperger's Syndrome and autism, 
8as defined in the most recent edition of the Diagnostic and 
9Statistical Manual of Mental Disorders of the American 
10Psychiatric Association.
11 (l-1) The legislature recognizes that the best interests of 
12the child
require that
the child be placed in the most 
13permanent living arrangement as soon as is
practically

14possible. To achieve this goal, the legislature directs the 
15Department of
Children and
Family Services to conduct 
16concurrent planning so that permanency may occur at
the

17earliest opportunity. Permanent living arrangements may 
18include prevention of
placement of a child outside the home of 
19the family when the child can be cared
for at
home without 
20endangering the child's health or safety; reunification with 
21the
family,
when safe and appropriate, if temporary placement 
22is necessary; or movement of
the child
toward the most 
23permanent living arrangement and permanent legal status.

24 When determining reasonable efforts to be made with respect 
25to a child, as
described in this
subsection, and in making such 
26reasonable efforts, the child's health and
safety shall be the

 
 
SB2834- 122 -LRB100 16078 KTG 33917 b


1paramount concern.

2 When a child is placed in foster care, the Department shall 
3ensure and
document that reasonable efforts were made to 
4prevent or eliminate the need to
remove the child from the 
5child's home. The Department must make
reasonable efforts to 
6reunify the family when temporary placement of the child
occurs

7unless otherwise required, pursuant to the Juvenile Court Act 
8of 1987.
At any time after the dispositional hearing where the 
9Department believes
that further reunification services would 
10be ineffective, it may request a
finding from the court that 
11reasonable efforts are no longer appropriate. The
Department is 
12not required to provide further reunification services after 
13such
a
finding.

14 A decision to place a child in substitute care shall be 
15made with
considerations of the child's health, safety, and 
16best interests. At the
time of placement, consideration should 
17also be given so that if reunification
fails or is delayed, the 
18placement made is the best available placement to
provide 
19permanency for the child.

20 The Department shall adopt rules addressing concurrent 
21planning for
reunification and permanency. The Department 
22shall consider the following
factors when determining 
23appropriateness of concurrent planning:

24  (1) the likelihood of prompt reunification;

25  (2) the past history of the family;

26  (3) the barriers to reunification being addressed by 
 
 
SB2834- 123 -LRB100 16078 KTG 33917 b


1 the family;

2  (4) the level of cooperation of the family;

3  (5) the foster parents' willingness to work with the 
4 family to reunite;

5  (6) the willingness and ability of the foster family to 
6 provide an
adoptive
home or long-term placement;

7  (7) the age of the child;

8  (8) placement of siblings.

9 (m) The Department may assume temporary custody of any 
10child if:

11  (1) it has received a written consent to such temporary 
12 custody
signed by the parents of the child or by the parent 
13 having custody of the
child if the parents are not living 
14 together or by the guardian or
custodian of the child if 
15 the child is not in the custody of either
parent, or

16  (2) the child is found in the State and neither a 
17 parent,
guardian nor custodian of the child can be located.

18If the child is found in his or her residence without a parent, 
19guardian,
custodian or responsible caretaker, the Department 
20may, instead of removing
the child and assuming temporary 
21custody, place an authorized
representative of the Department 
22in that residence until such time as a
parent, guardian or 
23custodian enters the home and expresses a willingness
and 
24apparent ability to ensure the child's health and safety and 
25resume
permanent
charge of the child, or until a
relative 
26enters the home and is willing and able to ensure the child's 
 
 
SB2834- 124 -LRB100 16078 KTG 33917 b


1health
and
safety and assume charge of the
child until a 
2parent, guardian or custodian enters the home and expresses

3such willingness and ability to ensure the child's safety and 
4resume
permanent charge. After a caretaker has remained in the 
5home for a period not
to exceed 12 hours, the Department must 
6follow those procedures outlined in
Section 2-9, 3-11, 4-8, or 
75-415 of the Juvenile Court Act
of 1987.

8 The Department shall have the authority, responsibilities 
9and duties that
a legal custodian of the child would have 
10pursuant to subsection (9) of
Section 1-3 of the Juvenile Court 
11Act of 1987. Whenever a child is taken
into temporary custody 
12pursuant to an investigation under the Abused and
Neglected 
13Child Reporting Act, or pursuant to a referral and acceptance

14under the Juvenile Court Act of 1987 of a minor in limited 
15custody, the
Department, during the period of temporary custody 
16and before the child
is brought before a judicial officer as 
17required by Section 2-9, 3-11,
4-8, or 5-415 of the Juvenile 
18Court Act of 1987, shall have
the authority, responsibilities 
19and duties that a legal custodian of the child
would have under 
20subsection (9) of Section 1-3 of the Juvenile Court Act of

211987.

22 The Department shall ensure that any child taken into 
23custody
is scheduled for an appointment for a medical 
24examination.

25 A parent, guardian or custodian of a child in the temporary 
26custody of the
Department who would have custody of the child 
 
 
SB2834- 125 -LRB100 16078 KTG 33917 b


1if he were not in the
temporary custody of the Department may 
2deliver to the Department a signed
request that the Department 
3surrender the temporary custody of the child.
The Department 
4may retain temporary custody of the child for 10 days after
the 
5receipt of the request, during which period the Department may 
6cause to
be filed a petition pursuant to the Juvenile Court Act 
7of 1987. If a
petition is so filed, the Department shall retain 
8temporary custody of the
child until the court orders 
9otherwise. If a petition is not filed within
the 10-day 10 day 
10period, the child shall be surrendered to the custody of the

11requesting parent, guardian or custodian not later than the 
12expiration of
the 10-day 10 day period, at which time the 
13authority and duties of the Department
with respect to the 
14temporary custody of the child shall terminate.

15 (m-1) The Department may place children under 18 years of 
16age in a secure
child care facility licensed by the Department 
17that cares for children who are
in need of secure living 
18arrangements for their health, safety, and well-being
after a 
19determination is made by the facility director and the Director 
20or the
Director's designate prior to admission to the facility 
21subject to Section
2-27.1 of the Juvenile Court Act of 1987. 
22This subsection (m-1) does not apply
to a child who is subject 
23to placement in a correctional facility operated
pursuant to 
24Section 3-15-2 of the Unified Code of Corrections, unless the

25child is a youth in care who was placed in the care of the 
26Department before being
subject to placement in a correctional 
 
 
SB2834- 126 -LRB100 16078 KTG 33917 b


1facility and a court of competent
jurisdiction has ordered 
2placement of the child in a secure care facility.

3 (n) The Department may place children under 18 years of age 
4in
licensed child care facilities when in the opinion of the 
5Department,
appropriate services aimed at family preservation 
6have been unsuccessful and
cannot ensure the child's health and 
7safety or are unavailable and such
placement would be for their 
8best interest. Payment
for board, clothing, care, training and 
9supervision of any child placed in
a licensed child care 
10facility may be made by the Department, by the
parents or 
11guardians of the estates of those children, or by both the

12Department and the parents or guardians, except that no 
13payments shall be
made by the Department for any child placed 
14in a licensed child care
facility for board, clothing, care, 
15training and supervision of such a
child that exceed the 
16average per capita cost of maintaining and of caring
for a 
17child in institutions for dependent or neglected children 
18operated by
the Department. However, such restriction on 
19payments does not apply in
cases where children require 
20specialized care and treatment for problems of
severe emotional 
21disturbance, physical disability, social adjustment, or
any 
22combination thereof and suitable facilities for the placement 
23of such
children are not available at payment rates within the 
24limitations set
forth in this Section. All reimbursements for 
25services delivered shall be
absolutely inalienable by 
26assignment, sale, attachment, garnishment or
otherwise.

 
 
SB2834- 127 -LRB100 16078 KTG 33917 b


1 (n-1) The Department shall provide or authorize child 
2welfare services, aimed at assisting minors to achieve 
3sustainable self-sufficiency as independent adults, for any 
4minor eligible for the reinstatement of wardship pursuant to 
5subsection (2) of Section 2-33 of the Juvenile Court Act of 
61987, whether or not such reinstatement is sought or allowed, 
7provided that the minor consents to such services and has not 
8yet attained the age of 21. The Department shall have 
9responsibility for the development and delivery of services 
10under this Section. An eligible youth may access services under 
11this Section through the Department of Children and Family 
12Services or by referral from the Department of Human Services. 
13Youth participating in services under this Section shall 
14cooperate with the assigned case manager in developing an 
15agreement identifying the services to be provided and how the 
16youth will increase skills to achieve self-sufficiency. A 
17homeless shelter is not considered appropriate housing for any 
18youth receiving child welfare services under this Section. The 
19Department shall continue child welfare services under this 
20Section to any eligible minor until the minor becomes 21 years 
21of age, no longer consents to participate, or achieves 
22self-sufficiency as identified in the minor's service plan. The 
23Department of Children and Family Services shall create clear, 
24readable notice of the rights of former foster youth to child 
25welfare services under this Section and how such services may 
26be obtained. The Department of Children and Family Services and 
 
 
SB2834- 128 -LRB100 16078 KTG 33917 b


1the Department of Human Services shall disseminate this 
2information statewide. The Department shall adopt regulations 
3describing services intended to assist minors in achieving 
4sustainable self-sufficiency as independent adults. 
5 (o) The Department shall establish an administrative 
6review and appeal
process for children and families who request 
7or receive child welfare
services from the Department. Youth in 
8care who are placed by private child welfare agencies, and 
9foster families with whom
those youth are placed, shall be 
10afforded the same procedural and appeal
rights as children and 
11families in the case of placement by the Department,
including 
12the right to an initial review of a private agency decision by

13that agency. The Department shall ensure that any private child 
14welfare
agency, which accepts youth in care for placement, 
15affords those
rights to children and foster families. The 
16Department shall accept for
administrative review and an appeal 
17hearing a complaint made by (i) a child
or foster family 
18concerning a decision following an initial review by a
private 
19child welfare agency or (ii) a prospective adoptive parent who 
20alleges
a violation of subsection (j-5) of this Section. An 
21appeal of a decision
concerning a change in the placement of a 
22child shall be conducted in an
expedited manner. A court 
23determination that a current foster home placement is necessary 
24and appropriate under Section 2-28 of the Juvenile Court Act of 
251987 does not constitute a judicial determination on the merits 
26of an administrative appeal, filed by a former foster parent, 
 
 
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1involving a change of placement decision.

2 (p) (Blank).

3 (q) The Department may receive and use, in their entirety, 
4for the
benefit of children any gift, donation or bequest of 
5money or other
property which is received on behalf of such 
6children, or any financial
benefits to which such children are 
7or may become entitled while under
the jurisdiction or care of 
8the Department.

9 The Department shall set up and administer no-cost, 
10interest-bearing accounts in appropriate financial 
11institutions
for children for whom the Department is legally 
12responsible and who have been
determined eligible for Veterans' 
13Benefits, Social Security benefits,
assistance allotments from 
14the armed forces, court ordered payments, parental
voluntary 
15payments, Supplemental Security Income, Railroad Retirement

16payments, Black Lung benefits, or other miscellaneous 
17payments. Interest
earned by each account shall be credited to 
18the account, unless
disbursed in accordance with this 
19subsection.

20 In disbursing funds from children's accounts, the 
21Department
shall:

22  (1) Establish standards in accordance with State and 
23 federal laws for
disbursing money from children's 
24 accounts. In all
circumstances,
the Department's 
25 "Guardianship Administrator" or his or her designee must

26 approve disbursements from children's accounts. The 
 
 
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1 Department
shall be responsible for keeping complete 
2 records of all disbursements for each account for any 
3 purpose.

4  (2) Calculate on a monthly basis the amounts paid from 
5 State funds for the
child's board and care, medical care 
6 not covered under Medicaid, and social
services; and 
7 utilize funds from the child's account, as
covered by 
8 regulation, to reimburse those costs. Monthly, 
9 disbursements from
all children's accounts, up to 1/12 of 
10 $13,000,000, shall be
deposited by the Department into the 
11 General Revenue Fund and the balance over
1/12 of 
12 $13,000,000 into the DCFS Children's Services Fund.

13  (3) Maintain any balance remaining after reimbursing 
14 for the child's costs
of care, as specified in item (2). 
15 The balance shall accumulate in accordance
with relevant 
16 State and federal laws and shall be disbursed to the child 
17 or his
or her guardian, or to the issuing agency.

18 (r) The Department shall promulgate regulations 
19encouraging all adoption
agencies to voluntarily forward to the 
20Department or its agent names and
addresses of all persons who 
21have applied for and have been approved for
adoption of a 
22hard-to-place child or child with a disability and the names of 
23such
children who have not been placed for adoption. A list of 
24such names and
addresses shall be maintained by the Department 
25or its agent, and coded
lists which maintain the 
26confidentiality of the person seeking to adopt the
child and of 
 
 
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1the child shall be made available, without charge, to every

2adoption agency in the State to assist the agencies in placing 
3such
children for adoption. The Department may delegate to an 
4agent its duty to
maintain and make available such lists. The 
5Department shall ensure that
such agent maintains the 
6confidentiality of the person seeking to adopt the
child and of 
7the child.

8 (s) The Department of Children and Family Services may 
9establish and
implement a program to reimburse Department and 
10private child welfare
agency foster parents licensed by the 
11Department of Children and Family
Services for damages 
12sustained by the foster parents as a result of the
malicious or 
13negligent acts of foster children, as well as providing third

14party coverage for such foster parents with regard to actions 
15of foster
children to other individuals. Such coverage will be 
16secondary to the
foster parent liability insurance policy, if 
17applicable. The program shall
be funded through appropriations 
18from the General Revenue Fund,
specifically designated for such 
19purposes.

20 (t) The Department shall perform home studies and 
21investigations and
shall exercise supervision over visitation 
22as ordered by a court pursuant
to the Illinois Marriage and 
23Dissolution of Marriage Act or the Adoption
Act only if:

24  (1) an order entered by an Illinois court specifically

25 directs the Department to perform such services; and

26  (2) the court has ordered one or both of the parties to

 
 
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1 the proceeding to reimburse the Department for its 
2 reasonable costs for
providing such services in accordance 
3 with Department rules, or has
determined that neither party 
4 is financially able to pay.

5 The Department shall provide written notification to the 
6court of the
specific arrangements for supervised visitation 
7and projected monthly costs
within 60 days of the court order. 
8The Department shall send to the court
information related to 
9the costs incurred except in cases where the court
has 
10determined the parties are financially unable to pay. The court 
11may
order additional periodic reports as appropriate.

12 (u) In addition to other information that must be provided, 
13whenever the Department places a child with a prospective 
14adoptive parent or parents or in a licensed foster home,
group 
15home, child care institution, or in a relative home, the 
16Department
shall provide to the prospective adoptive parent or 
17parents or other caretaker:

18  (1) available detailed information concerning the 
19 child's educational
and health history, copies of 
20 immunization records (including insurance
and medical card 
21 information), a history of the child's previous 
22 placements,
if any, and reasons for placement changes 
23 excluding any information that
identifies or reveals the 
24 location of any previous caretaker;

25  (2) a copy of the child's portion of the client service 
26 plan, including
any visitation arrangement, and all 
 
 
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1 amendments or revisions to it as
related to the child; and

2  (3) information containing details of the child's 
3 individualized
educational plan when the child is 
4 receiving special education services.

5 The caretaker shall be informed of any known social or 
6behavioral
information (including, but not limited to, 
7criminal background, fire
setting, perpetuation of
sexual 
8abuse, destructive behavior, and substance abuse) necessary to 
9care
for and safeguard the children to be placed or currently 
10in the home. The Department may prepare a written summary of 
11the information required by this paragraph, which may be 
12provided to the foster or prospective adoptive parent in 
13advance of a placement. The foster or prospective adoptive 
14parent may review the supporting documents in the child's file 
15in the presence of casework staff. In the case of an emergency 
16placement, casework staff shall at least provide known 
17information verbally, if necessary, and must subsequently 
18provide the information in writing as required by this 
19subsection.

20 The information described in this subsection shall be 
21provided in writing. In the case of emergency placements when 
22time does not allow prior review, preparation, and collection 
23of written information, the Department shall provide such 
24information as it becomes available. Within 10 business days 
25after placement, the Department shall obtain from the 
26prospective adoptive parent or parents or other caretaker a 
 
 
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1signed verification of receipt of the information provided. 
2Within 10 business days after placement, the Department shall 
3provide to the child's guardian ad litem a copy of the 
4information provided to the prospective adoptive parent or 
5parents or other caretaker. The information provided to the 
6prospective adoptive parent or parents or other caretaker shall 
7be reviewed and approved regarding accuracy at the supervisory 
8level.


9 (u-5) Effective July 1, 1995, only foster care placements 
10licensed as
foster family homes pursuant to the Child Care Act 
11of 1969 shall be eligible to
receive foster care payments from 
12the Department.
Relative caregivers who, as of July 1, 1995, 
13were approved pursuant to approved
relative placement rules 
14previously promulgated by the Department at 89 Ill.
Adm. Code 
15335 and had submitted an application for licensure as a foster 
16family
home may continue to receive foster care payments only 
17until the Department
determines that they may be licensed as a 
18foster family home or that their
application for licensure is 
19denied or until September 30, 1995, whichever
occurs first.

20 (v) The Department shall access criminal history record 
21information
as defined in the Illinois Uniform Conviction 
22Information Act and information
maintained in the adjudicatory 
23and dispositional record system as defined in
Section 2605-355 
24of the
Department of State Police Law (20 ILCS 2605/2605-355)

25if the Department determines the information is necessary to 
26perform its duties
under the Abused and Neglected Child 
 
 
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1Reporting Act, the Child Care Act of 1969,
and the Children and 
2Family Services Act. The Department shall provide for

3interactive computerized communication and processing 
4equipment that permits
direct on-line communication with the 
5Department of State Police's central
criminal history data 
6repository. The Department shall comply with all
certification 
7requirements and provide certified operators who have been

8trained by personnel from the Department of State Police. In 
9addition, one
Office of the Inspector General investigator 
10shall have training in the use of
the criminal history 
11information access system and have
access to the terminal. The 
12Department of Children and Family Services and its
employees 
13shall abide by rules and regulations established by the 
14Department of
State Police relating to the access and 
15dissemination of
this information.

16 (v-1) Prior to final approval for placement of a child, the 
17Department shall conduct a criminal records background check of 
18the prospective foster or adoptive parent, including 
19fingerprint-based checks of national crime information 
20databases. Final approval for placement shall not be granted if 
21the record check reveals a felony conviction for child abuse or 
22neglect, for spousal abuse, for a crime against children, or 
23for a crime involving violence, including rape, sexual assault, 
24or homicide, but not including other physical assault or 
25battery, or if there is a felony conviction for physical 
26assault, battery, or a drug-related offense committed within 
 
 
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1the past 5 years.
2 (v-2) Prior to final approval for placement of a child, the 
3Department shall check its child abuse and neglect registry for 
4information concerning prospective foster and adoptive 
5parents, and any adult living in the home. If any prospective 
6foster or adoptive parent or other adult living in the home has 
7resided in another state in the preceding 5 years, the 
8Department shall request a check of that other state's child 
9abuse and neglect registry.

10 (w) Within 120 days of August 20, 1995 (the effective date 
11of Public Act
89-392), the Department shall prepare and submit 
12to the Governor and the
General Assembly, a written plan for 
13the development of in-state licensed
secure child care 
14facilities that care for children who are in need of secure

15living
arrangements for their health, safety, and well-being. 
16For purposes of this
subsection, secure care facility shall 
17mean a facility that is designed and
operated to ensure that 
18all entrances and exits from the facility, a building
or a 
19distinct part of the building, are under the exclusive control 
20of the
staff of the facility, whether or not the child has the 
21freedom of movement
within the perimeter of the facility, 
22building, or distinct part of the
building. The plan shall 
23include descriptions of the types of facilities that
are needed 
24in Illinois; the cost of developing these secure care 
25facilities;
the estimated number of placements; the potential 
26cost savings resulting from
the movement of children currently 
 
 
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1out-of-state who are projected to be
returned to Illinois; the 
2necessary geographic distribution of these
facilities in 
3Illinois; and a proposed timetable for development of such

4facilities.
5 (x) The Department shall conduct annual credit history 
6checks to determine the financial history of children placed 
7under its guardianship pursuant to the Juvenile Court Act of 
81987. The Department shall conduct such credit checks starting 
9when a youth in care turns 12 years old and each year 
10thereafter for the duration of the guardianship as terminated 
11pursuant to the Juvenile Court Act of 1987. The Department 
12shall determine if financial exploitation of the child's 
13personal information has occurred. If financial exploitation 
14appears to have taken place or is presently ongoing, the 
15Department shall notify the proper law enforcement agency, the 
16proper State's Attorney, or the Attorney General.
17 (y) Beginning on July 22, 2010 (the effective date of 
18Public Act 96-1189) this amendatory Act of the 96th General 
19Assembly, a child with a disability who receives residential 
20and educational services from the Department shall be eligible 
21to receive transition services in accordance with Article 14 of 
22the School Code from the age of 14.5 through age 21, inclusive, 
23notwithstanding the child's residential services arrangement. 
24For purposes of this subsection, "child with a disability" 
25means a child with a disability as defined by the federal 
26Individuals with Disabilities Education Improvement Act of 
 
 
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12004. 
2 (z) The Department shall access criminal history record 
3information as defined as "background information" in this 
4subsection and criminal history record information as defined 
5in the Illinois Uniform Conviction Information Act for each 
6Department employee or Department applicant. Each Department 
7employee or Department applicant shall submit his or her 
8fingerprints to the Department of State Police in the form and 
9manner prescribed by the Department of State Police. These 
10fingerprints shall be checked against the fingerprint records 
11now and hereafter filed in the Department of State Police and 
12the Federal Bureau of Investigation criminal history records 
13databases. The Department of State Police shall charge a fee 
14for conducting the criminal history record check, which shall 
15be deposited into the State Police Services Fund and shall not 
16exceed the actual cost of the record check. The Department of 
17State Police shall furnish, pursuant to positive 
18identification, all Illinois conviction information to the 
19Department of Children and Family Services. 
20 For purposes of this subsection: 
21 "Background information" means all of the following: 
22  (i) Upon the request of the Department of Children and 
23 Family Services, conviction information obtained from the 
24 Department of State Police as a result of a 
25 fingerprint-based criminal history records check of the 
26 Illinois criminal history records database and the Federal 
 
 
SB2834- 139 -LRB100 16078 KTG 33917 b


1 Bureau of Investigation criminal history records database 
2 concerning a Department employee or Department applicant. 
3  (ii) Information obtained by the Department of 
4 Children and Family Services after performing a check of 
5 the Department of State Police's Sex Offender Database, as 
6 authorized by Section 120 of the Sex Offender Community 
7 Notification Law, concerning a Department employee or 
8 Department applicant. 
9  (iii) Information obtained by the Department of 
10 Children and Family Services after performing a check of 
11 the Child Abuse and Neglect Tracking System (CANTS) 
12 operated and maintained by the Department. 
13 "Department employee" means a full-time or temporary 
14employee coded or certified within the State of Illinois 
15Personnel System. 
16 "Department applicant" means an individual who has 
17conditional Department full-time or part-time work, a 
18contractor, an individual used to replace or supplement staff, 
19an academic intern, a volunteer in Department offices or on 
20Department contracts, a work-study student, an individual or 
21entity licensed by the Department, or an unlicensed service 
22provider who works as a condition of a contract or an agreement 
23and whose work may bring the unlicensed service provider into 
24contact with Department clients or client records. 
25(Source: P.A. 99-143, eff. 7-27-15; 99-933, eff. 1-27-17; 
26100-159, eff. 8-18-17; 100-522, eff. 9-22-17; revised 
 
 
SB2834- 140 -LRB100 16078 KTG 33917 b


11-22-18.)

2 Section 13. The Department of Human Services Act is amended 
3by changing Sections 1-40, 10-15, and 10-66 as follows:

4 (20 ILCS 1305/1-40)
5 Sec. 1-40. Substance Use Disorders Alcoholism and 
6Substance Abuse; Mental Health; provider payments. For 
7authorized Medicaid services to enrolled individuals, Division 
8of Substance Use Prevention and Recovery Alcoholism and 
9Substance Abuse and Division of Mental Health providers shall 
10receive payment for such authorized services, with payment 
11occurring no later than in the next fiscal year.

12(Source: P.A. 96-1472, eff. 8-23-10.)




13 (20 ILCS 1305/10-15)



14 Sec. 10-15. Pregnant women with a substance use disorder. 
15Addicted pregnant women. The Department shall develop

16guidelines for use in non-hospital residential care facilities 
17for pregnant women who have a substance use disorder addicted

18pregnant women with respect to the care of those clients.

19 The Department shall administer infant mortality and 
20prenatal
programs, through its provider agencies, to develop 
21special programs for
case finding and service coordination for 
22pregnant women who have a substance use disorder addicted 
23pregnant women.

 
 
SB2834- 141 -LRB100 16078 KTG 33917 b


1(Source: P.A. 89-507, eff. 7-1-97.)


2 (20 ILCS 1305/10-66)
3 Sec. 10-66. Rate reductions. Rates for medical services 
4purchased by the Divisions of Substance Use Prevention and 
5Recovery, Alcoholism and Substance Abuse, Community Health and 
6Prevention, Developmental Disabilities, Mental Health, or 
7Rehabilitation Services within the Department of Human 
8Services shall not be reduced below the rates calculated on 
9April 1, 2011 unless the Department of Human Services 
10promulgates rules and rules are implemented authorizing rate 
11reductions.

12(Source: P.A. 99-78, eff. 7-20-15.)

13 Section 14. The Regional Integrated Behavioral Health 
14Networks Act is amended by changing Sections 10, 15, 20, and 25 
15as follows:

16 (20 ILCS 1340/10)

17 Sec. 10. Purpose. The purpose of this Act is to require the 
18Department of Human Services to facilitate the creation of 
19Regional Integrated Behavioral Health Networks (hereinafter 
20"Networks") for the purpose of ensuring and improving access to 
21appropriate mental health and substance abuse (hereinafter 
22"behavioral health") services throughout Illinois by providing 
23a platform for the organization of all relevant health, mental 
 
 
SB2834- 142 -LRB100 16078 KTG 33917 b


1health, substance use disorder substance abuse, and other 
2community entities, and by providing a mechanism to use and 
3channel financial and other resources efficiently and 
4effectively. Networks may be located in each of the Department 
5of Human Services geographic regions.

6(Source: P.A. 97-381, eff. 1-1-12.)

7 (20 ILCS 1340/15)

8 Sec. 15. Goals. Goals shall include, but not be limited to, 
9the following: enabling persons with mental and substance use 
10illnesses to access clinically appropriate, evidence-based 
11services, regardless of where they reside in the State and 
12particularly in rural areas; improving access to mental health 
13and substance use disorder substance abuse services throughout 
14Illinois, but especially in rural Illinois communities, by 
15fostering innovative financing and collaboration among a 
16variety of health, behavioral health, social service, and other 
17community entities and by supporting the development of 
18regional-specific planning and strategies; facilitating the 
19integration of behavioral health services with primary and 
20other medical services, advancing opportunities under federal 
21health reform initiatives; ensuring actual or 
22technologically-assisted access to the entire continuum of 
23integrated care, including the provision of services in the 
24areas of prevention, consumer or patient assessment and 
25diagnosis, psychiatric care, case coordination, crisis and 
 
 
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1emergency care, acute inpatient and outpatient treatment in 
2private hospitals and from other community providers, support 
3services, and community residential settings; identifying 
4funding for persons who do not have insurance and do not 
5qualify for State and federal healthcare payment programs such 
6as Medicaid or Medicare; and improving access to transportation 
7in rural areas.

8(Source: P.A. 97-381, eff. 1-1-12.)

9 (20 ILCS 1340/20)
10 Sec. 20. Steering Committee and Networks. 
11 (a) To achieve these goals, the Department of Human 
12Services shall convene a Regional Integrated Behavioral Health 
13Networks Steering Committee (hereinafter "Steering Committee") 
14comprised of State agencies involved in the provision, 
15regulation, or financing of health, mental health, substance 
16use disorder substance abuse, rehabilitation, and other 
17services. These include, but shall not be limited to, the 
18following agencies:
19  (1) The Department of Healthcare and Family Services.
20  (2) The Department of Human Services and its Divisions 
21 of Mental Illness and Substance Use Prevention and 
22 Recovery. Alcoholism and Substance Abuse Services.
23  (3) The Department of Public Health, including its 
24 Center for Rural Health.
25 The Steering Committee shall include a representative from 
 
 
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1each Network. The agencies of the Steering Committee are 
2directed to work collaboratively to provide consultation, 
3advice, and leadership to the Networks in facilitating 
4communication within and across multiple agencies and in 
5removing regulatory barriers that may prevent Networks from 
6accomplishing the goals. The Steering Committee collectively 
7or through one of its member Agencies shall also provide 
8technical assistance to the Networks.
9 (b) There also shall be convened Networks in each of the 
10Department of Human Services' regions comprised of 
11representatives of community stakeholders represented in the 
12Network, including when available, but not limited to, relevant 
13trade and professional associations representing hospitals, 
14community providers, public health care, hospice care, long 
15term care, law enforcement, emergency medical service, 
16physicians, advanced practice registered nurses, and physician 
17assistants trained in psychiatry; an organization that 
18advocates on behalf of federally qualified health centers, an 
19organization that advocates on behalf of persons suffering with 
20mental illness and substance use substance abuse disorders, an 
21organization that advocates on behalf of persons with 
22disabilities, an organization that advocates on behalf of 
23persons who live in rural areas, an organization that advocates 
24on behalf of persons who live in medically underserved areas; 
25and others designated by the Steering Committee or the 
26Networks. A member from each Network may choose a 
 
 
SB2834- 145 -LRB100 16078 KTG 33917 b


1representative who may serve on the Steering Committee.

2(Source: P.A. 99-581, eff. 1-1-17; 100-513, eff. 1-1-18.)

3 (20 ILCS 1340/25)

4 Sec. 25. Development of Network Plans. Each Network shall 
5develop a plan for its respective region that addresses the 
6following:
7 (a) Inventory of all mental health and substance use 
8disorder substance abuse treatment services, primary health 
9care facilities and services, private hospitals, 
10State-operated psychiatric hospitals, long term care 
11facilities, social services, transportation services, and any 
12services available to serve persons with mental and substance 
13use illnesses.
14 (b) Identification of unmet community needs, including, 
15but not limited to, the following:
16  (1) Waiting lists in community mental health and 
17 substance use disorder substance abuse services.
18  (2) Hospital emergency department use by persons with 
19 mental and substance use illnesses, including volume, 
20 length of stay, and challenges associated with obtaining 
21 psychiatric assessment.
22  (3) Difficulty obtaining admission to inpatient 
23 facilities, and reasons therefore.
24  (4) Availability of primary care providers in the 
25 community, including Federally Qualified Health Centers 
 
 
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1 and Rural Health Centers.
2  (5) Availability of psychiatrists and mental health 
3 professionals.
4  (6) Transportation issues.
5  (7) Other.
6 (c) Identification of opportunities to improve access to 
7mental and substance use disorder substance abuse services 
8through the integration of specialty behavioral health 
9services with primary care, including, but not limited to, the 
10following:
11  (1) Availability of Federally Qualified Health Centers 
12 in community with mental health staff.
13  (2) Development of accountable care organizations or 
14 other primary care entities.
15  (3) Availability of acute care hospitals with 
16 specialized psychiatric capacity.
17  (4) Community providers with an interest in 
18 collaborating with acute care providers.
19 (d) Development of a plan to address community needs, 
20including a specific timeline for implementation of specific 
21objectives and establishment of evaluation measures. The 
22comprehensive plan should include the complete continuum of 
23behavioral health services, including, but not limited to, the 
24following:
25  (1) Prevention.
26  (2) Client assessment and diagnosis.
 
 
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1  (3) An array of outpatient behavioral health services.
2  (4) Case coordination.
3  (5) Crisis and emergency services.
4  (6) Treatment, including inpatient psychiatric 
5 services in public and private hospitals.
6  (7) Long term care facilities.
7  (8) Community residential alternatives to 
8 institutional settings.
9  (9) Primary care services.


10(Source: P.A. 97-381, eff. 1-1-12.)

11 Section 15. The Mental Health and Developmental 
12Disabilities Administrative Act is amended by changing 
13Sections 10 and 18.6 as follows:




14 (20 ILCS 1705/10) (from Ch. 91 1/2, par. 100-10)



15 Sec. 10. To examine persons admitted to facilities of the 
16Department
for treatment of mental illness or developmental 
17disability to determine
if the person has a substance use 
18disorder as defined in the Substance Use Disorder Act 
19alcoholism, drug addiction or other substance abuse. Based on 
20such
examination,
the Department shall provide necessary 
21medical, education and rehabilitation
services, and shall 
22arrange for further assessment and
referral of such persons to 
23appropriate treatment services for persons with substance use

24disorders alcoholism or substance abuse services. Referral of 
 
 
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1such persons by the Department to appropriate treatment 
2services for persons with substance use disorders alcoholism or 
3substance abuse services shall be made to providers who are 
4able to accept the persons and perform a further assessment 
5within a clinically appropriate time. This Section does not 
6require that the Department maintain an individual in a 
7Department facility who is otherwise eligible for discharge as 
8provided in the Mental Health and Developmental Disabilities 
9Code.


10 The Department shall not deny treatment and care to any 
11person subject
to admission to a facility under its control for 
12treatment for a mental illness
or developmental disability 
13solely on the basis of their substance use disorders. 
14alcoholism, drug
addiction or abuse of other substances.

15(Source: P.A. 95-281, eff. 1-1-08.)


16 (20 ILCS 1705/18.6)
17 (Section scheduled to be repealed on December 31, 2019)
18 Sec. 18.6. Mental Health Services Strategic Planning Task 
19Force.
20 (a) Task Force. The Mental Health Services Strategic 
21Planning Task Force is created.
22 (b) Meeting. The Task Force shall be appointed and hold its 
23first meeting within 90 days after the effective date of this 
24amendatory Act of the 97th General Assembly.
25 (c) Composition. The Task Force shall be comprised of the 
 
 
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1following members:
2  (1) Two members of the Senate appointed by the 
3 President of the Senate and 2 members of the Senate 
4 appointed by the Minority Leader of the Senate.
5  (2) Two members of the House of Representatives 
6 appointed by the Speaker of the House of Representatives 
7 and 2 members of the House of Representatives appointed by 
8 the Minority Leader of the House of Representatives.
9  (3) One representative of the Division of Mental Health 
10 within the Department of Human Services.
11  (4) One representative of the Department of Healthcare 
12 and Family Services.
13  (5) One representative of the Bureau of Long Term Care 
14 within the Department of Public Health.
15  (6) One representative of the Illinois Children's 
16 Mental Health Partnership. 
17  (7) Six representatives of the mental health providers 
18 and community stakeholders selected from names submitted 
19 by associates representing the various types of providers.
20  (8) Three representatives of the consumer community 
21 including a primary consumer, secondary consumer, and a 
22 representative of a mental health consumer advocacy 
23 organization. 
24  (9) An individual from a union representing State 
25 employees providing services to persons with mental 
26 illness. 
 
 
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1  (10) One academic specialist in mental health 
2 outcomes, research, and evidence-based practices. 
3 (d) Duty. The Task Force shall meet with the Office of the 
4Governor and the appropriate legislative committees on mental 
5health to develop a 5-year comprehensive strategic plan for the 
6State's mental health services. The plan shall address the 
7following topics:
8  (1) Provide sufficient home and community-based 
9 services to give consumers real options in care settings.
10  (2) Improve access to care.
11  (3) Reduce regulatory redundancy.
12  (4) Maintain financial viability for providers in a 
13 cost-effective manner to the State.
14  (5) Ensure care is effective, efficient, and 
15 appropriate regardless of the setting in which it is 
16 provided.
17  (6) Ensure quality of care in all care settings via the 
18 use of appropriate clinical outcomes.
19  (7) Ensure hospitalizations and institutional care, 
20 when necessary, is available to meet demand now and in the 
21 future.
22 (e) The Task Force shall work in conjunction with the 
23Department of Human Services' Division of Developmental 
24Disabilities to ensure effective treatment for those dually 
25diagnosed with both mental illness and developmental 
26disabilities. The Task Force shall also work in conjunction 
 
 
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1with the Department of Human Services' Division of Substance 
2Use Prevention and Recovery Alcoholism and Substance Abuse to 
3ensure effective treatment for those who are dually diagnosed 
4with both mental illness as well as substance abuse challenges.
5 (f) Compensation. Members of the Task Force shall not 
6receive compensation nor reimbursement for necessary expenses 
7incurred in performing the duties associated with the Task 
8Force.
9 (g) Reporting. The Task Force shall present its plan to the 
10Governor and the General Assembly no later than 18 months after 
11the effective date of the amendatory Act of the 97th General 
12Assembly. With its approval and authorization, and subject to 
13appropriation, the Task Force shall convene quarterly meetings 
14during the implementation of the 5-year strategic plan to 
15monitor progress, review outcomes, and make ongoing 
16recommendations. These ongoing recommendations shall be 
17presented to the Governor and the General Assembly for 
18feedback, suggestions, support, and approval. Within one year 
19after recommendations are presented to the Governor and the 
20General Assembly, the General Assembly shall vote on whether 
21the recommendations should become law.
22 (h) Administrative support. The Department of Human 
23Services shall provide administrative and staff support to the 
24Task Force. 
25 (i) This Section is repealed on December 31, 2019. 

26(Source: P.A. 99-78, eff. 7-20-15.)

 
 
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1 Section 16. The Civil Administrative Code of Illinois is 
2amended by changing Sections 2605-54 and 2605-97 as follows:

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

22(Source: P.A. 100-537, eff. 6-1-18.)

23 (20 ILCS 2605/2605-97)
 
 
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1 Sec. 2605-97. Training; opioid antagonists. The Department 
2shall conduct or approve a training program for State police 
3officers in the administration of opioid antagonists as defined 
4in paragraph (1) of subsection (e) of Section 5-23 of the 
5Substance Use Disorder Act Alcoholism and Other Drug Abuse and 
6Dependency Act that is in accordance with that Section. As used 
7in this Section 2605-97, the term "State police officers" 
8includes full-time or part-time State troopers, police 
9officers, investigators, or any other employee of the 
10Department exercising the powers of a peace officer.

11(Source: P.A. 99-480, eff. 9-9-15.)

12 Section 20. The Criminal Identification Act is amended by 
13changing Sections 2.1 and 5.2 as follows:



14 (20 ILCS 2630/2.1) (from Ch. 38, par. 206-2.1)



15 Sec. 2.1. For the purpose of maintaining complete and 
16accurate
criminal records of the Department of State Police, it 
17is necessary for all
policing bodies of this State, the clerk 
18of the circuit court, the Illinois
Department of Corrections, 
19the sheriff of each county, and State's Attorney
of each county 
20to submit certain criminal arrest, charge, and disposition

21information to the Department for filing at the earliest time 
22possible.
Unless otherwise noted herein, it shall be the duty 
23of all policing bodies
of this State, the clerk of the circuit 
24court, the Illinois Department of
Corrections, the sheriff of 
 
 
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1each county, and the State's Attorney of each
county to report 
2such information as provided in this Section, both in the
form 
3and manner required by the Department and within 30 days of the

4criminal history event. Specifically:

5  (a) Arrest Information. All agencies making arrests 
6 for offenses which
are required by statute to be collected, 
7 maintained or disseminated by the
Department of State 
8 Police shall be responsible
for furnishing daily to the 
9 Department fingerprints, charges and
descriptions of all 
10 persons who are arrested for such offenses. All such

11 agencies shall also notify the Department of all decisions 
12 by the arresting
agency not to refer
such arrests for 
13 prosecution. With approval of the Department, an agency

14 making such arrests may enter into
arrangements with other 
15 agencies for the purpose of furnishing daily such

16 fingerprints, charges and descriptions to the Department 
17 upon its behalf.

18  (b) Charge Information. The State's Attorney of each 
19 county shall notify
the Department of all charges filed and 
20 all petitions filed alleging that a
minor is delinquent, 
21 including all those added subsequent
to the filing of a 
22 case, and whether charges were not filed
in cases for which 
23 the Department has received information
required to be 
24 reported pursuant to paragraph (a) of this Section.
With 
25 approval of the Department, the State's Attorney may enter 
26 into
arrangements with other agencies for the
purpose of 
 
 
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1 furnishing the information required by this subsection (b) 
2 to the
Department upon the State's Attorney's behalf.

3  (c) Disposition Information. The clerk of the circuit 
4 court of each county
shall furnish the Department, in the 
5 form and manner required by the Supreme
Court, with all 
6 final dispositions of cases for which the Department
has 
7 received information required to be reported pursuant to 
8 paragraph (a)
or (d) of this Section. Such information 
9 shall include, for each charge,
all (1) judgments of not 
10 guilty, judgments of guilty including the sentence

11 pronounced by the court with statutory citations to the 
12 relevant sentencing provision,
findings that a minor is 
13 delinquent
and any sentence made based on those findings,

14 discharges and dismissals in the court; (2)
reviewing court 
15 orders filed with the clerk of the circuit court which

16 reverse or remand a reported conviction
or findings that a 
17 minor is delinquent
or that vacate or modify a sentence
or 
18 sentence made following a trial that a minor is
delinquent;

19 (3)
continuances to a date certain in furtherance of an 
20 order of supervision
granted under Section 5-6-1 of the 
21 Unified Code of Corrections or an order
of probation 
22 granted under Section 10 of the Cannabis Control Act, 
23 Section
410 of the Illinois Controlled Substances Act, 
24 Section 70 of the Methamphetamine Control and Community 
25 Protection Act, Section 12-4.3 or subdivision (b)(1) of 
26 Section 12-3.05 of the
Criminal Code of 1961 or the 
 
 
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1 Criminal Code of 2012, Section 10-102 of the Illinois 
2 Alcoholism and
Other Drug Dependency Act, Section 40-10 of 
3 the Substance Use Disorder Act, Alcoholism and Other Drug

4 Abuse and Dependency Act, Section 10 of the Steroid Control 
5 Act, or
Section 5-615 of the Juvenile Court Act of 1987; 
6 and
(4) judgments or court orders terminating or revoking a 
7 sentence
to or juvenile disposition of probation, 
8 supervision or conditional
discharge and any resentencing

9 or new court orders entered by a juvenile court relating to 
10 the disposition
of a minor's case involving delinquency

11 after such revocation.

12  (d) Fingerprints After Sentencing.

13   (1) After the court pronounces sentence,
sentences 
14 a minor following a trial in which a minor was found to 
15 be
delinquent
or issues an order of supervision or an 
16 order of probation granted under
Section 10 of the 
17 Cannabis Control Act, Section 410 of the Illinois

18 Controlled Substances Act, Section 70 of the 
19 Methamphetamine Control and Community Protection Act, 
20 Section 12-4.3 or subdivision (b)(1) of Section 
21 12-3.05 of the Criminal Code of
1961 or the Criminal 
22 Code of 2012, Section 10-102 of the Illinois Alcoholism 
23 and Other Drug Dependency
Act, Section 40-10 of the 
24 Substance Use Disorder Act, Alcoholism and Other Drug 
25 Abuse and Dependency
Act, Section 10 of the Steroid 
26 Control Act, or Section
5-615 of
the Juvenile Court Act 
 
 
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1 of 1987 for any offense which
is required by statute to 
2 be collected,
maintained, or disseminated by the 
3 Department of State Police, the State's
Attorney of 
4 each county shall ask the court to order a law 
5 enforcement
agency to fingerprint immediately all 
6 persons appearing before the court
who have not 
7 previously been fingerprinted for the same case. The 
8 court
shall so order the requested fingerprinting, if 
9 it determines that any such
person has not previously 
10 been fingerprinted for the same case. The law

11 enforcement agency shall submit such fingerprints to 
12 the Department daily.

13   (2) After the court pronounces sentence or makes a 
14 disposition of a case
following a finding of 
15 delinquency for any offense which is not
required by 
16 statute to be collected, maintained, or disseminated 
17 by the
Department of State Police, the prosecuting 
18 attorney may ask the court to
order a law enforcement 
19 agency to fingerprint immediately all persons

20 appearing before the court who have not previously been 
21 fingerprinted for
the same case. The court may so order 
22 the requested fingerprinting, if it
determines that 
23 any so sentenced person has not previously been

24 fingerprinted for the same case. The law enforcement 
25 agency may retain
such fingerprints in its files.

26  (e) Corrections Information. The Illinois Department 
 
 
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1 of Corrections and
the sheriff of each county shall furnish 
2 the Department with all information
concerning the 
3 receipt, escape, execution, death, release, pardon, 
4 parole,
commutation of sentence, granting of executive 
5 clemency or discharge of
an individual who has been 
6 sentenced or committed to the agency's custody
for any 
7 offenses
which are mandated by statute to be collected, 
8 maintained or disseminated
by the Department of State 
9 Police. For an individual who has been charged
with any 
10 such offense and who escapes from custody or dies while in

11 custody, all information concerning the receipt and escape 
12 or death,
whichever is appropriate, shall also be so 
13 furnished to the Department.

14(Source: P.A. 100-3, eff. 1-1-18.)




15 (20 ILCS 2630/5.2)


16 Sec. 5.2. Expungement, sealing, and immediate sealing.
17 (a) General Provisions.
18  (1) Definitions. In this Act, words and phrases have

19 the meanings set forth in this subsection, except when a

20 particular context clearly requires a different meaning.
21   (A) The following terms shall have the meanings 
22 ascribed to them in the Unified Code of Corrections, 
23 730 ILCS 5/5-1-2 through 5/5-1-22:
24    (i) Business Offense (730 ILCS 5/5-1-2),
25    (ii) Charge (730 ILCS 5/5-1-3),
 
 
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1    (iii) Court (730 ILCS 5/5-1-6),
2    (iv) Defendant (730 ILCS 5/5-1-7),
3    (v) Felony (730 ILCS 5/5-1-9),
4    (vi) Imprisonment (730 ILCS 5/5-1-10),
5    (vii) Judgment (730 ILCS 5/5-1-12),
6    (viii) Misdemeanor (730 ILCS 5/5-1-14),
7    (ix) Offense (730 ILCS 5/5-1-15),
8    (x) Parole (730 ILCS 5/5-1-16),
9    (xi) Petty Offense (730 ILCS 5/5-1-17),
10    (xii) Probation (730 ILCS 5/5-1-18),
11    (xiii) Sentence (730 ILCS 5/5-1-19),
12    (xiv) Supervision (730 ILCS 5/5-1-21), and
13    (xv) Victim (730 ILCS 5/5-1-22).
14   (B) As used in this Section, "charge not initiated 
15 by arrest" means a charge (as defined by 730 ILCS 
16 5/5-1-3) brought against a defendant where the 
17 defendant is not arrested prior to or as a direct 
18 result of the charge.
19   (C) "Conviction" means a judgment of conviction or 
20 sentence entered upon a plea of guilty or upon a 
21 verdict or finding of guilty of an offense, rendered by 
22 a legally constituted jury or by a court of competent 
23 jurisdiction authorized to try the case without a jury. 
24 An order of supervision successfully completed by the 
25 petitioner is not a conviction. An order of qualified 
26 probation (as defined in subsection (a)(1)(J)) 
 
 
SB2834- 160 -LRB100 16078 KTG 33917 b


1 successfully completed by the petitioner is not a 
2 conviction. An order of supervision or an order of 
3 qualified probation that is terminated 
4 unsatisfactorily is a conviction, unless the 
5 unsatisfactory termination is reversed, vacated, or 
6 modified and the judgment of conviction, if any, is 
7 reversed or vacated.
8   (D) "Criminal offense" means a petty offense, 
9 business offense, misdemeanor, felony, or municipal 
10 ordinance violation (as defined in subsection 
11 (a)(1)(H)). As used in this Section, a minor traffic 
12 offense (as defined in subsection (a)(1)(G)) shall not 
13 be considered a criminal offense.
14   (E) "Expunge" means to physically destroy the 
15 records or return them to the petitioner and to 
16 obliterate the petitioner's name from any official 
17 index or public record, or both. Nothing in this Act 
18 shall require the physical destruction of the circuit 
19 court file, but such records relating to arrests or 
20 charges, or both, ordered expunged shall be impounded 
21 as required by subsections (d)(9)(A)(ii) and 
22 (d)(9)(B)(ii).
23   (F) As used in this Section, "last sentence" means 
24 the sentence, order of supervision, or order of 
25 qualified probation (as defined by subsection 
26 (a)(1)(J)), for a criminal offense (as defined by 
 
 
SB2834- 161 -LRB100 16078 KTG 33917 b


1 subsection (a)(1)(D)) that terminates last in time in 
2 any jurisdiction, regardless of whether the petitioner 
3 has included the criminal offense for which the 
4 sentence or order of supervision or qualified 
5 probation was imposed in his or her petition. If 
6 multiple sentences, orders of supervision, or orders 
7 of qualified probation terminate on the same day and 
8 are last in time, they shall be collectively considered 
9 the "last sentence" regardless of whether they were 
10 ordered to run concurrently.
11   (G) "Minor traffic offense" means a petty offense, 
12 business offense, or Class C misdemeanor under the 
13 Illinois Vehicle Code or a similar provision of a 
14 municipal or local ordinance.
15   (H) "Municipal ordinance violation" means an 
16 offense defined by a municipal or local ordinance that 
17 is criminal in nature and with which the petitioner was 
18 charged or for which the petitioner was arrested and 
19 released without charging.
20   (I) "Petitioner" means an adult or a minor 
21 prosecuted as an
adult who has applied for relief under 
22 this Section.
23   (J) "Qualified probation" means an order of 
24 probation under Section 10 of the Cannabis Control Act, 
25 Section 410 of the Illinois Controlled Substances Act, 
26 Section 70 of the Methamphetamine Control and 
 
 
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1 Community Protection Act, Section 5-6-3.3 or 5-6-3.4 
2 of the Unified Code of Corrections, Section 
3 12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as 
4 those provisions existed before their deletion by 
5 Public Act 89-313), Section 10-102 of the Illinois 
6 Alcoholism and Other Drug Dependency Act, Section 
7 40-10 of the Substance Use Disorder Act Alcoholism and 
8 Other Drug Abuse and Dependency Act, or Section 10 of 
9 the Steroid Control Act. For the purpose of this 
10 Section, "successful completion" of an order of 
11 qualified probation under Section 10-102 of the 
12 Illinois Alcoholism and Other Drug Dependency Act and 
13 Section 40-10 of the Substance Use Disorder Act 
14 Alcoholism and Other Drug Abuse and Dependency Act 
15 means that the probation was terminated satisfactorily 
16 and the judgment of conviction was vacated.
17   (K) "Seal" means to physically and electronically 
18 maintain the records, unless the records would 
19 otherwise be destroyed due to age, but to make the 
20 records unavailable without a court order, subject to 
21 the exceptions in Sections 12 and 13 of this Act. The 
22 petitioner's name shall also be obliterated from the 
23 official index required to be kept by the circuit court 
24 clerk under Section 16 of the Clerks of Courts Act, but 
25 any index issued by the circuit court clerk before the 
26 entry of the order to seal shall not be affected.
 
 
SB2834- 163 -LRB100 16078 KTG 33917 b


1   (L) "Sexual offense committed against a minor" 
2 includes but is
not limited to the offenses of indecent 
3 solicitation of a child
or criminal sexual abuse when 
4 the victim of such offense is
under 18 years of age.
5   (M) "Terminate" as it relates to a sentence or 
6 order of supervision or qualified probation includes 
7 either satisfactory or unsatisfactory termination of 
8 the sentence, unless otherwise specified in this 
9 Section.
10  (2) Minor Traffic Offenses.
Orders of supervision or 
11 convictions for minor traffic offenses shall not affect a 
12 petitioner's eligibility to expunge or seal records 
13 pursuant to this Section.
14  (2.5) Commencing 180 days after July 29, 2016 (the 
15 effective date of Public Act 99-697), the law enforcement 
16 agency issuing the citation shall automatically expunge, 
17 on or before January 1 and July 1 of each year, the law 
18 enforcement records of a person found to have committed a 
19 civil law violation of subsection (a) of Section 4 of the 
20 Cannabis Control Act or subsection (c) of Section 3.5 of 
21 the Drug Paraphernalia Control Act in the law enforcement 
22 agency's possession or control and which contains the final 
23 satisfactory disposition which pertain to the person 
24 issued a citation for that offense.
The law enforcement 
25 agency shall provide by rule the process for access, 
26 review, and to confirm the automatic expungement by the law 
 
 
SB2834- 164 -LRB100 16078 KTG 33917 b


1 enforcement agency issuing the citation.
Commencing 180 
2 days after July 29, 2016 (the effective date of Public Act 
3 99-697), the clerk of the circuit court shall expunge, upon 
4 order of the court, or in the absence of a court order on 
5 or before January 1 and July 1 of each year, the court 
6 records of a person found in the circuit court to have 
7 committed a civil law violation of subsection (a) of 
8 Section 4 of the Cannabis Control Act or subsection (c) of 
9 Section 3.5 of the Drug Paraphernalia Control Act in the 
10 clerk's possession or control and which contains the final 
11 satisfactory disposition which pertain to the person 
12 issued a citation for any of those offenses. 
13  (3) Exclusions. Except as otherwise provided in 
14 subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6) 
15 of this Section, the court shall not order:
16   (A) the sealing or expungement of the records of 
17 arrests or charges not initiated by arrest that result 
18 in an order of supervision for or conviction of:
(i) 
19 any sexual offense committed against a
minor; (ii) 
20 Section 11-501 of the Illinois Vehicle Code or a 
21 similar provision of a local ordinance; or (iii) 
22 Section 11-503 of the Illinois Vehicle Code or a 
23 similar provision of a local ordinance, unless the 
24 arrest or charge is for a misdemeanor violation of 
25 subsection (a) of Section 11-503 or a similar provision 
26 of a local ordinance, that occurred prior to the 
 
 
SB2834- 165 -LRB100 16078 KTG 33917 b


1 offender reaching the age of 25 years and the offender 
2 has no other conviction for violating Section 11-501 or 
3 11-503 of the Illinois Vehicle Code or a similar 
4 provision of a local ordinance.
5   (B) the sealing or expungement of records of minor 
6 traffic offenses (as defined in subsection (a)(1)(G)), 
7 unless the petitioner was arrested and released 
8 without charging.
9   (C) the sealing of the records of arrests or 
10 charges not initiated by arrest which result in an 
11 order of supervision or a conviction for the following 
12 offenses:
13    (i) offenses included in Article 11 of the 
14 Criminal Code of 1961 or the Criminal Code of 2012 
15 or a similar provision of a local ordinance, except 
16 Section 11-14 and a misdemeanor violation of 
17 Section 11-30 of the Criminal Code of 1961 or the 
18 Criminal Code of 2012, or a similar provision of a 
19 local ordinance;
20    (ii) Section 11-1.50, 12-3.4, 12-15, 12-30, 
21 26-5, or 48-1 of the Criminal Code of 1961 or the 
22 Criminal Code of 2012, or a similar provision of a 
23 local ordinance;
24    (iii) Sections 12-3.1 or 12-3.2 of the 
25 Criminal Code of 1961 or the Criminal Code of 2012, 
26 or Section 125 of the Stalking No Contact Order 
 
 
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1 Act, or Section 219 of the Civil No Contact Order 
2 Act, or a similar provision of a local ordinance;
3    (iv) Class A misdemeanors or felony offenses 
4 under the Humane Care for Animals Act; or
5    (v) any offense or attempted offense that 
6 would subject a person to registration under the 
7 Sex Offender Registration Act.
8   (D) (blank).
9 (b) Expungement.
10  (1) A petitioner may petition the circuit court to 
11 expunge the
records of his or her arrests and charges not 
12 initiated by arrest when each arrest or charge not 
13 initiated by arrest
sought to be expunged resulted in:
(i) 
14 acquittal, dismissal, or the petitioner's release without 
15 charging, unless excluded by subsection (a)(3)(B);
(ii) a 
16 conviction which was vacated or reversed, unless excluded 
17 by subsection (a)(3)(B);
(iii) an order of supervision and 
18 such supervision was successfully completed by the 
19 petitioner, unless excluded by subsection (a)(3)(A) or 
20 (a)(3)(B); or
(iv) an order of qualified probation (as 
21 defined in subsection (a)(1)(J)) and such probation was 
22 successfully completed by the petitioner.
23  (1.5) When a petitioner seeks to have a record of 
24 arrest expunged under this Section, and the offender has 
25 been convicted of a criminal offense, the State's Attorney 
26 may object to the expungement on the grounds that the 
 
 
SB2834- 167 -LRB100 16078 KTG 33917 b


1 records contain specific relevant information aside from 
2 the mere fact of the arrest. 
3  (2) Time frame for filing a petition to expunge.
4   (A) When the arrest or charge not initiated by 
5 arrest sought to be expunged resulted in an acquittal, 
6 dismissal, the petitioner's release without charging, 
7 or the reversal or vacation of a conviction, there is 
8 no waiting period to petition for the expungement of 
9 such records.
10   (B) When the arrest or charge not initiated by 
11 arrest
sought to be expunged resulted in an order of 
12 supervision, successfully
completed by the petitioner, 
13 the following time frames will apply:
14    (i) Those arrests or charges that resulted in 
15 orders of
supervision under Section 3-707, 3-708, 
16 3-710, or 5-401.3 of the Illinois Vehicle Code or a 
17 similar provision of a local ordinance, or under 
18 Section 11-1.50, 12-3.2, or 12-15 of the Criminal 
19 Code of 1961 or the Criminal Code of 2012, or a 
20 similar provision of a local ordinance, shall not 
21 be eligible for expungement until 5 years have 
22 passed following the satisfactory termination of 
23 the supervision.
24    (i-5) Those arrests or charges that resulted 
25 in orders of supervision for a misdemeanor 
26 violation of subsection (a) of Section 11-503 of 
 
 
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1 the Illinois Vehicle Code or a similar provision of 
2 a local ordinance, that occurred prior to the 
3 offender reaching the age of 25 years and the 
4 offender has no other conviction for violating 
5 Section 11-501 or 11-503 of the Illinois Vehicle 
6 Code or a similar provision of a local ordinance 
7 shall not be eligible for expungement until the 
8 petitioner has reached the age of 25 years. 
9    (ii) Those arrests or charges that resulted in 
10 orders
of supervision for any other offenses shall 
11 not be
eligible for expungement until 2 years have 
12 passed
following the satisfactory termination of 
13 the supervision.
14   (C) When the arrest or charge not initiated by 
15 arrest sought to
be expunged resulted in an order of 
16 qualified probation, successfully
completed by the 
17 petitioner, such records shall not be eligible for

18 expungement until 5 years have passed following the 
19 satisfactory
termination of the probation.
20  (3) Those records maintained by the Department for

21 persons arrested prior to their 17th birthday shall be

22 expunged as provided in Section 5-915 of the Juvenile Court

23 Act of 1987.
24  (4) Whenever a person has been arrested for or 
25 convicted of any
offense, in the name of a person whose 
26 identity he or she has stolen or otherwise
come into 
 
 
SB2834- 169 -LRB100 16078 KTG 33917 b


1 possession of, the aggrieved person from whom the identity

2 was stolen or otherwise obtained without authorization,

3 upon learning of the person having been arrested using his

4 or her identity, may, upon verified petition to the chief 
5 judge of
the circuit wherein the arrest was made, have a 
6 court order
entered nunc pro tunc by the Chief Judge to 
7 correct the
arrest record, conviction record, if any, and 
8 all official
records of the arresting authority, the 
9 Department, other
criminal justice agencies, the 
10 prosecutor, and the trial
court concerning such arrest, if 
11 any, by removing his or her name
from all such records in 
12 connection with the arrest and
conviction, if any, and by 
13 inserting in the records the
name of the offender, if known 
14 or ascertainable, in lieu of
the aggrieved's name. The 
15 records of the circuit court clerk shall be sealed until 
16 further order of
the court upon good cause shown and the 
17 name of the
aggrieved person obliterated on the official 
18 index
required to be kept by the circuit court clerk under

19 Section 16 of the Clerks of Courts Act, but the order shall

20 not affect any index issued by the circuit court clerk

21 before the entry of the order. Nothing in this Section

22 shall limit the Department of State Police or other

23 criminal justice agencies or prosecutors from listing

24 under an offender's name the false names he or she has

25 used.
26  (5) Whenever a person has been convicted of criminal

 
 
SB2834- 170 -LRB100 16078 KTG 33917 b


1 sexual assault, aggravated criminal sexual assault,

2 predatory criminal sexual assault of a child, criminal

3 sexual abuse, or aggravated criminal sexual abuse, the

4 victim of that offense may request that the State's

5 Attorney of the county in which the conviction occurred

6 file a verified petition with the presiding trial judge at

7 the petitioner's trial to have a court order entered to 
8 seal
the records of the circuit court clerk in connection

9 with the proceedings of the trial court concerning that

10 offense. However, the records of the arresting authority

11 and the Department of State Police concerning the offense

12 shall not be sealed. The court, upon good cause shown,

13 shall make the records of the circuit court clerk in

14 connection with the proceedings of the trial court

15 concerning the offense available for public inspection.
16  (6) If a conviction has been set aside on direct review

17 or on collateral attack and the court determines by clear

18 and convincing evidence that the petitioner was factually

19 innocent of the charge, the court that finds the petitioner 
20 factually innocent of the charge shall enter an
expungement 
21 order for the conviction for which the petitioner has been 
22 determined to be innocent as provided in subsection (b) of 
23 Section
5-5-4 of the Unified Code of Corrections.
24  (7) Nothing in this Section shall prevent the 
25 Department of
State Police from maintaining all records of 
26 any person who
is admitted to probation upon terms and 
 
 
SB2834- 171 -LRB100 16078 KTG 33917 b


1 conditions and who
fulfills those terms and conditions 
2 pursuant to Section 10
of the Cannabis Control Act, Section 
3 410 of the Illinois
Controlled Substances Act, Section 70 
4 of the
Methamphetamine Control and Community Protection 
5 Act,
Section 5-6-3.3 or 5-6-3.4 of the Unified Code of 
6 Corrections, Section 12-4.3 or subdivision (b)(1) of 
7 Section 12-3.05 of the Criminal Code of 1961 or the 
8 Criminal Code of 2012, Section 10-102
of the Illinois 
9 Alcoholism and Other Drug Dependency Act,
Section 40-10 of 
10 the Substance Use Disorder Act, Alcoholism and Other Drug 
11 Abuse and
Dependency Act, or Section 10 of the Steroid 
12 Control Act.
13  (8) If the petitioner has been granted a certificate of 
14 innocence under Section 2-702 of the Code of Civil 
15 Procedure, the court that grants the certificate of 
16 innocence shall also enter an order expunging the 
17 conviction for which the petitioner has been determined to 
18 be innocent as provided in subsection (h) of Section 2-702 
19 of the Code of Civil Procedure.
20 (c) Sealing.
21  (1) Applicability. Notwithstanding any other provision 
22 of this Act to the contrary, and cumulative with any rights 
23 to expungement of criminal records, this subsection 
24 authorizes the sealing of criminal records of adults and of 
25 minors prosecuted as adults. Subsection (g) of this Section 
26 provides for immediate sealing of certain records. 
 
 
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1  (2) Eligible Records. The following records may be 
2 sealed:
3   (A) All arrests resulting in release without 
4 charging;
5   (B) Arrests or charges not initiated by arrest 
6 resulting in acquittal, dismissal, or conviction when 
7 the conviction was reversed or vacated, except as 
8 excluded by subsection (a)(3)(B);
9   (C) Arrests or charges not initiated by arrest 
10 resulting in orders of supervision, including orders 
11 of supervision for municipal ordinance violations, 
12 successfully completed by the petitioner, unless 
13 excluded by subsection (a)(3);
14   (D) Arrests or charges not initiated by arrest 
15 resulting in convictions, including convictions on 
16 municipal ordinance violations, unless excluded by 
17 subsection (a)(3);
18   (E) Arrests or charges not initiated by arrest 
19 resulting in orders of first offender probation under 
20 Section 10 of the Cannabis Control Act, Section 410 of 
21 the Illinois Controlled Substances Act, Section 70 of 
22 the Methamphetamine Control and Community Protection 
23 Act, or Section 5-6-3.3 of the Unified Code of 
24 Corrections; and
25   (F) Arrests or charges not initiated by arrest 
26 resulting in felony convictions unless otherwise 
 
 
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1 excluded by subsection (a) paragraph (3) of this 
2 Section.
3  (3) When Records Are Eligible to Be Sealed. Records 
4 identified as eligible under subsection (c)(2) may be 
5 sealed as follows:
6   (A) Records identified as eligible under 
7 subsection (c)(2)(A) and (c)(2)(B) may be sealed at any 
8 time.
9   (B) Except as otherwise provided in subparagraph 
10 (E) of this paragraph (3), records identified as 
11 eligible under subsection (c)(2)(C) may be sealed
2 
12 years after the termination of petitioner's last 
13 sentence (as defined in subsection (a)(1)(F)).
14   (C) Except as otherwise provided in subparagraph 
15 (E) of this paragraph (3), records identified as 
16 eligible under subsections (c)(2)(D), (c)(2)(E), and 
17 (c)(2)(F) may be sealed 3 years after the termination 
18 of the petitioner's last sentence (as defined in 
19 subsection (a)(1)(F)). Convictions requiring public 
20 registration under the Arsonist Registration Act, the 
21 Sex Offender Registration Act, or the Murderer and 
22 Violent Offender Against Youth Registration Act may 
23 not be sealed until the petitioner is no longer 
24 required to register under that relevant Act.
25   (D) Records identified in subsection 
26 (a)(3)(A)(iii) may be sealed after the petitioner has 
 
 
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1 reached the age of 25 years. 
2   (E) Records identified as eligible under 
3 subsections (c)(2)(C), (c)(2)(D), (c)(2)(E), or 
4 (c)(2)(F) may be sealed upon termination of the 
5 petitioner's last sentence if the petitioner earned a 
6 high school diploma, associate's degree, career 
7 certificate, vocational technical certification, or 
8 bachelor's degree, or passed the high school level Test 
9 of General Educational Development, during the period 
10 of his or her sentence, aftercare release, or mandatory 
11 supervised release. This subparagraph shall apply only 
12 to a petitioner who has not completed the same 
13 educational goal prior to the period of his or her 
14 sentence, aftercare release, or mandatory supervised 
15 release. If a petition for sealing eligible records 
16 filed under this subparagraph is denied by the court, 
17 the time periods under subparagraph (B) or (C) shall 
18 apply to any subsequent petition for sealing filed by 
19 the petitioner.
20  (4) Subsequent felony convictions. A person may not 
21 have
subsequent felony conviction records sealed as 
22 provided in this subsection
(c) if he or she is convicted 
23 of any felony offense after the date of the
sealing of 
24 prior felony convictions as provided in this subsection 
25 (c). The court may, upon conviction for a subsequent felony 
26 offense, order the unsealing of prior felony conviction 
 
 
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1 records previously ordered sealed by the court.
2  (5) Notice of eligibility for sealing. Upon entry of a 
3 disposition for an eligible record under this subsection 
4 (c), the petitioner shall be informed by the court of the 
5 right to have the records sealed and the procedures for the 
6 sealing of the records.
7 (d) Procedure. The following procedures apply to 
8expungement under subsections (b), (e), and (e-6) and sealing 
9under subsections (c) and (e-5):
10  (1) Filing the petition. Upon becoming eligible to 
11 petition for
the expungement or sealing of records under 
12 this Section, the petitioner shall file a petition 
13 requesting the expungement
or sealing of records with the 
14 clerk of the court where the arrests occurred or the 
15 charges were brought, or both. If arrests occurred or 
16 charges were brought in multiple jurisdictions, a petition 
17 must be filed in each such jurisdiction. The petitioner 
18 shall pay the applicable fee, except no fee shall be 
19 required if the petitioner has obtained a court order 
20 waiving fees under Supreme Court Rule 298 or it is 
21 otherwise waived.
22  (1.5) County fee waiver pilot program.
In a county of 
23 3,000,000 or more inhabitants, no fee shall be required to 
24 be paid by a petitioner if the records sought to be 
25 expunged or sealed were arrests resulting in release 
26 without charging or arrests or charges not initiated by 
 
 
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1 arrest resulting in acquittal, dismissal, or conviction 
2 when the conviction was reversed or vacated, unless 
3 excluded by subsection (a)(3)(B). The provisions of this 
4 paragraph (1.5), other than this sentence, are inoperative 
5 on and after January 1, 2019 or one year after January 1, 
6 2017 (the effective date of Public Act 99-881), whichever 
7 is later. 
8  (2) Contents of petition. The petition shall be

9 verified and shall contain the petitioner's name, date of

10 birth, current address and, for each arrest or charge not 
11 initiated by
arrest sought to be sealed or expunged, the 
12 case number, the date of
arrest (if any), the identity of 
13 the arresting authority, and such
other information as the 
14 court may require. During the pendency
of the proceeding, 
15 the petitioner shall promptly notify the
circuit court 
16 clerk of any change of his or her address. If the 
17 petitioner has received a certificate of eligibility for 
18 sealing from the Prisoner Review Board under paragraph (10) 
19 of subsection (a) of Section 3-3-2 of the Unified Code of 
20 Corrections, the certificate shall be attached to the 
21 petition.
22  (3) Drug test. The petitioner must attach to the 
23 petition proof that the petitioner has passed a test taken 
24 within 30 days before the filing of the petition showing 
25 the absence within his or her body of all illegal 
26 substances as defined by the Illinois Controlled 
 
 
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1 Substances Act, the Methamphetamine Control and Community 
2 Protection Act, and the Cannabis Control Act if he or she 
3 is petitioning to:
4   (A) seal felony records under clause (c)(2)(E);
5   (B) seal felony records for a violation of the 
6 Illinois Controlled Substances Act, the 
7 Methamphetamine Control and Community Protection Act, 
8 or the Cannabis Control Act under clause (c)(2)(F);
9   (C) seal felony records under subsection (e-5); or 
10   (D) expunge felony records of a qualified 
11 probation under clause (b)(1)(iv).
12  (4) Service of petition. The circuit court clerk shall 
13 promptly
serve a copy of the petition and documentation to 
14 support the petition under subsection (e-5) or (e-6) on the 
15 State's Attorney or
prosecutor charged with the duty of 
16 prosecuting the
offense, the Department of State Police, 
17 the arresting
agency and the chief legal officer of the 
18 unit of local
government effecting the arrest.
19  (5) Objections.
20   (A) Any party entitled to notice of the petition 
21 may file an objection to the petition. All objections 
22 shall be in writing, shall be filed with the circuit 
23 court clerk, and shall state with specificity the basis 
24 of the objection. Whenever a person who has been 
25 convicted of an offense is granted
a pardon by the 
26 Governor which specifically authorizes expungement, an 
 
 
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1 objection to the petition may not be filed.
2   (B) Objections to a petition to expunge or seal 
3 must be filed within 60 days of the date of service of 
4 the petition.
5  (6) Entry of order.
6   (A) The Chief Judge of the circuit wherein the 
7 charge was brought, any judge of that circuit 
8 designated by the Chief Judge, or in counties of less 
9 than 3,000,000 inhabitants, the presiding trial judge 
10 at the petitioner's trial, if any, shall rule on the 
11 petition to expunge or seal as set forth in this 
12 subsection (d)(6).
13   (B) Unless the State's Attorney or prosecutor, the 
14 Department of
State Police, the arresting agency, or 
15 the chief legal officer
files an objection to the 
16 petition to expunge or seal within 60 days from the 
17 date of service of the petition, the court shall enter 
18 an order granting or denying the petition.
19  (7) Hearings. If an objection is filed, the court shall 
20 set a date for a hearing and notify the petitioner and all 
21 parties entitled to notice of the petition of the hearing 
22 date at least 30 days prior to the hearing. Prior to the 
23 hearing, the State's Attorney shall consult with the 
24 Department as to the appropriateness of the relief sought 
25 in the petition to expunge or seal. At the hearing, the 
26 court shall hear evidence on whether the petition should or 
 
 
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1 should not be granted, and shall grant or deny the petition 
2 to expunge or seal the records based on the evidence 
3 presented at the hearing. The court may consider the 
4 following:
5   (A) the strength of the evidence supporting the 
6 defendant's conviction; 
7   (B) the reasons for retention of the conviction 
8 records by the State; 
9   (C) the petitioner's age, criminal record history, 
10 and employment history; 
11   (D) the period of time between the petitioner's 
12 arrest on the charge resulting in the conviction and 
13 the filing of the petition under this Section; and 
14   (E) the specific adverse consequences the 
15 petitioner may be subject to if the petition is denied. 
16  (8) Service of order. After entering an order to 
17 expunge or
seal records, the court must provide copies of 
18 the order to the
Department, in a form and manner 
19 prescribed by the Department,
to the petitioner, to the 
20 State's Attorney or prosecutor
charged with the duty of 
21 prosecuting the offense, to the
arresting agency, to the 
22 chief legal officer of the unit of
local government 
23 effecting the arrest, and to such other
criminal justice 
24 agencies as may be ordered by the court.
25  (9) Implementation of order.
26   (A) Upon entry of an order to expunge records 
 
 
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1 pursuant to (b)(2)(A) or (b)(2)(B)(ii), or both:
2    (i) the records shall be expunged (as defined 
3 in subsection (a)(1)(E)) by the arresting agency, 
4 the Department, and any other agency as ordered by 
5 the court, within 60 days of the date of service of 
6 the order, unless a motion to vacate, modify, or 
7 reconsider the order is filed pursuant to 
8 paragraph (12) of subsection (d) of this Section;
9    (ii) the records of the circuit court clerk 
10 shall be impounded until further order of the court 
11 upon good cause shown and the name of the 
12 petitioner obliterated on the official index 
13 required to be kept by the circuit court clerk 
14 under Section 16 of the Clerks of Courts Act, but 
15 the order shall not affect any index issued by the 
16 circuit court clerk before the entry of the order; 
17 and
18    (iii) in response to an inquiry for expunged 
19 records, the court, the Department, or the agency 
20 receiving such inquiry, shall reply as it does in 
21 response to inquiries when no records ever 
22 existed.
23   (B) Upon entry of an order to expunge records 
24 pursuant to (b)(2)(B)(i) or (b)(2)(C), or both:
25    (i) the records shall be expunged (as defined 
26 in subsection (a)(1)(E)) by the arresting agency 
 
 
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1 and any other agency as ordered by the court, 
2 within 60 days of the date of service of the order, 
3 unless a motion to vacate, modify, or reconsider 
4 the order is filed pursuant to paragraph (12) of 
5 subsection (d) of this Section;
6    (ii) the records of the circuit court clerk 
7 shall be impounded until further order of the court 
8 upon good cause shown and the name of the 
9 petitioner obliterated on the official index 
10 required to be kept by the circuit court clerk 
11 under Section 16 of the Clerks of Courts Act, but 
12 the order shall not affect any index issued by the 
13 circuit court clerk before the entry of the order;
14    (iii) the records shall be impounded by the

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

26 Department within 60 days of the date of service of 
 
 
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1 the order as ordered by the court, unless a motion 
2 to vacate, modify, or reconsider the order is filed 
3 under paragraph (12) of subsection (d) of this 
4 Section;
5    (iv) records impounded by the Department may 
6 be disseminated by the Department only as required 
7 by law or to the arresting authority, the State's 
8 Attorney, and the court upon a later arrest for the 
9 same or a similar offense or for the purpose of 
10 sentencing for any subsequent felony, and to the 
11 Department of Corrections upon conviction for any 
12 offense; and
13    (v) in response to an inquiry for these records 
14 from anyone not authorized by law to access the 
15 records, the court, the Department, or the agency 
16 receiving the inquiry shall reply as it does in 
17 response to inquiries when no records ever 
18 existed. 
19   (C) Upon entry of an order to seal records under 
20 subsection
(c), the arresting agency, any other agency 
21 as ordered by the court, the Department, and the court 
22 shall seal the records (as defined in subsection 
23 (a)(1)(K)). In response to an inquiry for such records, 
24 from anyone not authorized by law to access such 
25 records, the court, the Department, or the agency 
26 receiving such inquiry shall reply as it does in 
 
 
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1 response to inquiries when no records ever existed.
2   (D) The Department shall send written notice to the 
3 petitioner of its compliance with each order to expunge 
4 or seal records within 60 days of the date of service 
5 of that order or, if a motion to vacate, modify, or 
6 reconsider is filed, within 60 days of service of the 
7 order resolving the motion, if that order requires the 
8 Department to expunge or seal records. In the event of 
9 an appeal from the circuit court order, the Department 
10 shall send written notice to the petitioner of its 
11 compliance with an Appellate Court or Supreme Court 
12 judgment to expunge or seal records within 60 days of 
13 the issuance of the court's mandate. The notice is not 
14 required while any motion to vacate, modify, or 
15 reconsider, or any appeal or petition for 
16 discretionary appellate review, is pending. 
17  (10) Fees. The Department may charge the petitioner a 
18 fee equivalent to the cost of processing any order to 
19 expunge or seal records. Notwithstanding any provision of 
20 the Clerks of Courts Act to the contrary, the circuit court 
21 clerk may charge a fee equivalent to the cost associated 
22 with the sealing or expungement of records by the circuit 
23 court clerk. From the total filing fee collected for the 
24 petition to seal or expunge, the circuit court clerk shall 
25 deposit $10 into the Circuit Court Clerk Operation and 
26 Administrative Fund, to be used to offset the costs 
 
 
SB2834- 185 -LRB100 16078 KTG 33917 b


1 incurred by the circuit court clerk in performing the 
2 additional duties required to serve the petition to seal or 
3 expunge on all parties. The circuit court clerk shall 
4 collect and forward the Department of State Police portion 
5 of the fee to the Department and it shall be deposited in 
6 the State Police Services Fund.
7  (11) Final Order. No court order issued under the 
8 expungement or sealing provisions of this Section shall 
9 become final for purposes of appeal until 30 days after 
10 service of the order on the petitioner and all parties 
11 entitled to notice of the petition.
12  (12) Motion to Vacate, Modify, or Reconsider. Under 
13 Section 2-1203 of the Code of Civil Procedure, the 
14 petitioner or any party entitled to notice may file a 
15 motion to vacate, modify, or reconsider the order granting 
16 or denying the petition to expunge or seal within 60 days 
17 of service of the order. If filed more than 60 days after 
18 service of the order, a petition to vacate, modify, or 
19 reconsider shall comply with subsection (c) of Section 
20 2-1401 of the Code of Civil Procedure. Upon filing of a 
21 motion to vacate, modify, or reconsider, notice of the 
22 motion shall be served upon the petitioner and all parties 
23 entitled to notice of the petition. 
24  (13) Effect of Order. An order granting a petition 
25 under the expungement or sealing provisions of this Section 
26 shall not be considered void because it fails to comply 
 
 
SB2834- 186 -LRB100 16078 KTG 33917 b


1 with the provisions of this Section or because of any error 
2 asserted in a motion to vacate, modify, or reconsider. The 
3 circuit court retains jurisdiction to determine whether 
4 the order is voidable and to vacate, modify, or reconsider 
5 its terms based on a motion filed under paragraph (12) of 
6 this subsection (d).
7  (14) Compliance with Order Granting Petition to Seal 
8 Records. Unless a court has entered a stay of an order 
9 granting a petition to seal, all parties entitled to notice 
10 of the petition must fully comply with the terms of the 
11 order within 60 days of service of the order even if a 
12 party is seeking relief from the order through a motion 
13 filed under paragraph (12) of this subsection (d) or is 
14 appealing the order.
15  (15) Compliance with Order Granting Petition to 
16 Expunge Records. While a party is seeking relief from the 
17 order granting the petition to expunge through a motion 
18 filed under paragraph (12) of this subsection (d) or is 
19 appealing the order, and unless a court has entered a stay 
20 of that order, the parties entitled to notice of the 
21 petition must seal, but need not expunge, the records until 
22 there is a final order on the motion for relief or, in the 
23 case of an appeal, the issuance of that court's mandate.
24  (16) The changes to this subsection (d) made by Public 
25 Act 98-163 apply to all petitions pending on August 5, 2013 
26 (the effective date of Public Act 98-163) and to all orders 
 
 
SB2834- 187 -LRB100 16078 KTG 33917 b


1 ruling on a petition to expunge or seal on or after August 
2 5, 2013 (the effective date of Public Act 98-163). 
3 (e) Whenever a person who has been convicted of an offense 
4is granted
a pardon by the Governor which specifically 
5authorizes expungement, he or she may,
upon verified petition 
6to the Chief Judge of the circuit where the person had
been 
7convicted, any judge of the circuit designated by the Chief 
8Judge, or in
counties of less than 3,000,000 inhabitants, the 
9presiding trial judge at the
defendant's trial, have a court 
10order entered expunging the record of
arrest from the official 
11records of the arresting authority and order that the
records 
12of the circuit court clerk and the Department be sealed until

13further order of the court upon good cause shown or as 
14otherwise provided
herein, and the name of the defendant 
15obliterated from the official index
requested to be kept by the 
16circuit court clerk under Section 16 of the Clerks
of Courts 
17Act in connection with the arrest and conviction for the 
18offense for
which he or she had been pardoned but the order 
19shall not affect any index issued by
the circuit court clerk 
20before the entry of the order. All records sealed by
the 
21Department may be disseminated by the Department only to the 
22arresting authority, the State's Attorney, and the court upon a 
23later
arrest for the same or similar offense or for the purpose 
24of sentencing for any
subsequent felony. Upon conviction for 
25any subsequent offense, the Department
of Corrections shall 
26have access to all sealed records of the Department
pertaining 
 
 
SB2834- 188 -LRB100 16078 KTG 33917 b


1to that individual. Upon entry of the order of expungement, the

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


1of sentencing for any subsequent felony. Upon conviction for 
2any subsequent offense, the Department of Corrections shall 
3have access to all sealed records of the Department pertaining 
4to that individual. Upon entry of the order of sealing, the 
5circuit court clerk shall promptly mail a copy of the order to 
6the person who was granted the certificate of eligibility for 
7sealing. 
8 (e-6) Whenever a person who has been convicted of an 
9offense is granted a certificate of eligibility for expungement 
10by the Prisoner Review Board which specifically authorizes 
11expungement, he or she may, upon verified petition to the Chief 
12Judge of the circuit where the person had been convicted, any 
13judge of the circuit designated by the Chief Judge, or in 
14counties of less than 3,000,000 inhabitants, the presiding 
15trial judge at the petitioner's trial, have a court order 
16entered expunging the record of arrest from the official 
17records of the arresting authority and order that the records 
18of the circuit court clerk and the Department be sealed until 
19further order of the court upon good cause shown or as 
20otherwise provided herein, and the name of the petitioner 
21obliterated from the official index requested to be kept by the 
22circuit court clerk under Section 16 of the Clerks of Courts 
23Act in connection with the arrest and conviction for the 
24offense for which he or she had been granted the certificate 
25but the order shall not affect any index issued by the circuit 
26court clerk before the entry of the order. All records sealed 
 
 
SB2834- 190 -LRB100 16078 KTG 33917 b


1by the Department may be disseminated by the Department only as 
2required by this Act or to the arresting authority, a law 
3enforcement agency, the State's Attorney, and the court upon a 
4later arrest for the same or similar offense or for the purpose 
5of sentencing for any subsequent felony. Upon conviction for 
6any subsequent offense, the Department of Corrections shall 
7have access to all expunged records of the Department 
8pertaining to that individual. Upon entry of the order of 
9expungement, the circuit court clerk shall promptly mail a copy 
10of the order to the person who was granted the certificate of 
11eligibility for expungement. 
12 (f) Subject to available funding, the Illinois Department

13of Corrections shall conduct a study of the impact of sealing,

14especially on employment and recidivism rates, utilizing a

15random sample of those who apply for the sealing of their

16criminal records under Public Act 93-211. At the request of the

17Illinois Department of Corrections, records of the Illinois

18Department of Employment Security shall be utilized as

19appropriate to assist in the study. The study shall not

20disclose any data in a manner that would allow the

21identification of any particular individual or employing unit.

22The study shall be made available to the General Assembly no

23later than September 1, 2010.

24 (g) Immediate Sealing.
25  (1) Applicability. Notwithstanding any other provision 
26 of this Act to the contrary, and cumulative with any rights 
 
 
SB2834- 191 -LRB100 16078 KTG 33917 b


1 to expungement or sealing of criminal records, this 
2 subsection authorizes the immediate sealing of criminal 
3 records of adults and of minors prosecuted as adults.
4  (2) Eligible Records. Arrests or charges not initiated 
5 by arrest resulting in acquittal or dismissal with 
6 prejudice, except as excluded by subsection (a)(3)(B), 
7 that occur on or after January 1, 2018 (the effective date 
8 of Public Act 100-282) this amendatory Act of the 100th 
9 General Assembly, may be sealed immediately if the petition 
10 is filed with the circuit court clerk on the same day and 
11 during the same hearing in which the case is disposed.
12  (3) When Records are Eligible to be Immediately Sealed. 
13 Eligible records under paragraph (2) of this subsection (g) 
14 may be sealed immediately after entry of the final 
15 disposition of a case, notwithstanding the disposition of 
16 other charges in the same case.
17  (4) Notice of Eligibility for Immediate Sealing. Upon 
18 entry of a disposition for an eligible record under this 
19 subsection (g), the defendant shall be informed by the 
20 court of his or her right to have eligible records 
21 immediately sealed and the procedure for the immediate 
22 sealing of these records.
23  (5) Procedure. The following procedures apply to 
24 immediate sealing under this subsection (g).
25   (A) Filing the Petition. Upon entry of the final 
26 disposition of the case, the defendant's attorney may 
 
 
SB2834- 192 -LRB100 16078 KTG 33917 b


1 immediately petition the court, on behalf of the 
2 defendant, for immediate sealing of eligible records 
3 under paragraph (2) of this subsection (g) that are 
4 entered on or after January 1, 2018 (the effective date 
5 of Public Act 100-282) this amendatory Act of the 100th 
6 General Assembly. The immediate sealing petition may 
7 be filed with the circuit court clerk during the 
8 hearing in which the final disposition of the case is 
9 entered. If the defendant's attorney does not file the 
10 petition for immediate sealing during the hearing, the 
11 defendant may file a petition for sealing at any time 
12 as authorized under subsection (c)(3)(A).
13   (B) Contents of Petition. The immediate sealing 
14 petition shall be verified and shall contain the 
15 petitioner's name, date of birth, current address, and 
16 for each eligible record, the case number, the date of 
17 arrest if applicable, the identity of the arresting 
18 authority if applicable, and other information as the 
19 court may require.
20   (C) Drug Test. The petitioner shall not be required 
21 to attach proof that he or she has passed a drug test.
22   (D) Service of Petition. A copy of the petition 
23 shall be served on the State's Attorney in open court. 
24 The petitioner shall not be required to serve a copy of 
25 the petition on any other agency.
26   (E) Entry of Order. The presiding trial judge shall 
 
 
SB2834- 193 -LRB100 16078 KTG 33917 b


1 enter an order granting or denying the petition for 
2 immediate sealing during the hearing in which it is 
3 filed. Petitions for immediate sealing shall be ruled 
4 on in the same hearing in which the final disposition 
5 of the case is entered.
6   (F) Hearings. The court shall hear the petition for 
7 immediate sealing on the same day and during the same 
8 hearing in which the disposition is rendered.
9   (G) Service of Order. An order to immediately seal 
10 eligible records shall be served in conformance with 
11 subsection (d)(8).
12   (H) Implementation of Order. An order to 
13 immediately seal records shall be implemented in 
14 conformance with subsections (d)(9)(C) and (d)(9)(D).
15   (I) Fees. The fee imposed by the circuit court 
16 clerk and the Department of State Police shall comply 
17 with paragraph (1) of subsection (d) of this Section.
18   (J) Final Order. No court order issued under this 
19 subsection (g) shall become final for purposes of 
20 appeal until 30 days after service of the order on the 
21 petitioner and all parties entitled to service of the 
22 order in conformance with subsection (d)(8).
23   (K) Motion to Vacate, Modify, or Reconsider. Under 
24 Section 2-1203 of the Code of Civil Procedure, the 
25 petitioner, State's Attorney, or the Department of 
26 State Police may file a motion to vacate, modify, or 
 
 
SB2834- 194 -LRB100 16078 KTG 33917 b


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


 
 
SB2834- 195 -LRB100 16078 KTG 33917 b


1 Section 25. The Illinois Uniform Conviction Information 
2Act is amended by changing Section 3 as follows:



3 (20 ILCS 2635/3) (from Ch. 38, par. 1603)



4 Sec. 3. Definitions. Whenever used in this Act, and for the 
5purposes
of this Act, unless the context clearly indicates 
6otherwise:

7 (A) "Accurate" means factually correct, containing no 
8mistake or error
of a material nature.

9 (B) The phrase "administer the criminal laws" includes any 
10of the
following activities: intelligence gathering, 
11surveillance, criminal
investigation, crime detection and 
12prevention (including research),
apprehension, detention, 
13pretrial or post-trial release, prosecution, the
correctional 
14supervision or rehabilitation of accused persons or criminal

15offenders, criminal identification activities, data analysis 
16and research done by the sentencing commission, or the 
17collection,
maintenance or dissemination of criminal history 
18record information.

19 (C) "The Authority" means the Illinois Criminal Justice 
20Information
Authority.

21 (D) "Automated" means the utilization of computers, 
22telecommunication
lines, or other automatic data processing 
23equipment for data collection or
storage, analysis, 
24processing, preservation, maintenance, dissemination, or

 
 
SB2834- 196 -LRB100 16078 KTG 33917 b


1display and is distinguished from a system in which such 
2activities are
performed manually.

3 (E) "Complete" means accurately reflecting all the 
4criminal history
record information about an individual that is 
5required to be reported to
the Department pursuant to Section 
62.1 of the Criminal Identification Act.

7 (F) "Conviction information" means data reflecting a 
8judgment of guilt
or nolo contendere. The term includes all 
9prior and subsequent criminal
history events directly relating 
10to such judgments, such as, but not
limited to: (1) the 
11notation of arrest; (2) the notation of charges filed;
(3) the 
12sentence imposed; (4) the fine imposed; and (5) all related

13probation, parole, and release information. Information ceases 
14to be
"conviction information" when a judgment of guilt is 
15reversed or vacated.

16 For purposes of this Act, continuances to a date certain in 
17furtherance
of an order of supervision granted under Section 
185-6-1 of the Unified Code
of Corrections or an order of 
19probation granted under either Section 10 of
the Cannabis 
20Control Act, Section 410 of the Illinois Controlled
Substances 
21Act, Section 70 of the Methamphetamine Control and Community 
22Protection Act, Section 12-4.3 or subdivision (b)(1) of Section 
2312-3.05 of the Criminal Code of 1961 or the Criminal Code of 
242012, Section
10-102 of the Illinois Alcoholism and Other Drug 
25Dependency Act, Section
40-10 of the Substance Use Disorder 
26Act, Alcoholism and Other Drug Abuse and Dependency Act, or 
 
 
SB2834- 197 -LRB100 16078 KTG 33917 b


1Section
10 of the Steroid Control Act shall not be deemed 
2"conviction information".

3 (G) "Criminal history record information" means data 
4identifiable to an
individual, including information collected 
5under Section 4.5 of the Criminal Identification Act, and 
6consisting of descriptions or notations of arrests,

7detentions, indictments, informations, pretrial proceedings, 
8trials, or
other formal events in the criminal justice system 
9or descriptions or
notations of criminal charges (including 
10criminal violations of local
municipal ordinances) and the 
11nature of any disposition arising therefrom,
including 
12sentencing, court or correctional supervision, rehabilitation 
13and
release. The term does not apply to statistical records and 
14reports in
which individuals are not identified and from which 
15their identities are not
ascertainable, or to information that 
16is for criminal investigative or
intelligence purposes.

17 (H) "Criminal justice agency" means (1) a government agency 
18or any
subunit thereof which is authorized to administer the 
19criminal laws and
which allocates a substantial part of its 
20annual budget for that purpose,
or (2) an agency supported by 
21public funds which is authorized as its
principal function to 
22administer the criminal laws and which is officially
designated 
23by the Department as a criminal justice agency for purposes of

24this Act.

25 (I) "The Department" means the Illinois Department of State 
26Police.

 
 
SB2834- 198 -LRB100 16078 KTG 33917 b


1 (J) "Director" means the Director of the Illinois 
2Department of State
Police.

3 (K) "Disseminate" means to disclose or transmit conviction 
4information
in any form, oral, written, or otherwise.

5 (L) "Exigency" means pending danger or the threat of 
6pending danger to
an individual or property.

7 (M) "Non-criminal justice agency" means a State agency, 
8Federal agency,
or unit of local government that is not a 
9criminal justice agency. The
term does not refer to private 
10individuals, corporations, or
non-governmental agencies or 
11organizations.

12 (M-5) "Request" means the submission to the Department, in 
13the form and
manner required, the necessary data elements or 
14fingerprints, or both, to allow
the Department to initiate a 
15search of its criminal history record information
files.

16 (N) "Requester" means any private individual, corporation, 
17organization,
employer, employment agency, labor organization, 
18or non-criminal justice
agency that has made a request pursuant 
19to this Act
to obtain
conviction information maintained in the 
20files of the Department of State
Police regarding a particular 
21individual.

22 (O) "Statistical information" means data from which the 
23identity of an
individual cannot be ascertained, 
24reconstructed, or verified and to which
the identity of an 
25individual cannot be linked by the recipient of the

26information.

 
 
SB2834- 199 -LRB100 16078 KTG 33917 b


1 (P) "Sentencing commission" means the Sentencing Policy 
2Advisory Council. 
3(Source: P.A. 99-880, eff. 8-22-16; 100-201, eff. 8-18-17.)


4 Section 30. The Community Behavioral Health Center 
5Infrastructure Act is amended by changing Section 5 as follows:

6 (30 ILCS 732/5)

7 Sec. 5. Definitions.
In this Act:
8 "Behavioral health center site" means a physical site where 
9a community behavioral health center shall provide behavioral 
10healthcare services linked to a particular 
11Department-contracted community behavioral healthcare 
12provider, from which this provider delivers a 
13Department-funded service and has the following 
14characteristics:
15  (i) The site must be owned, leased, or otherwise 
16 controlled by a Department-funded provider.

17  (ii) A Department-funded provider may have multiple 
18 service sites.

19  (iii) A Department-funded provider may provide both 
20 Medicaid and non-Medicaid services
for which they are 
21 certified or approved at a certified site.

22 "Board" means the Capital Development Board.
23 "Community behavioral healthcare provider"
includes, but 
24is not limited to, Department-contracted prevention, 
 
 
SB2834- 200 -LRB100 16078 KTG 33917 b


1intervention, or treatment care providers of services and 
2supports for persons with mental health services, alcohol and 
3substance abuse services, rehabilitation services, and early 
4intervention services provided by a vendor.

5 For the purposes of this definition, "vendor" includes, but 
6is not limited to, community providers, including 
7community-based organizations that are licensed to provide 
8prevention, intervention, or treatment services and support 
9for persons with mental illness or substance abuse problems in 
10this State, that comply with applicable federal, State, and 
11local rules and statutes, including, but not limited to, the 
12following:
13  (A) Federal requirements:
14   (1) Block Grants for Community Mental Health 
15 Services, Subpart I & III, Part B, Title XIX, P.H.S. 
16 Act/45 C.F.R. Part 96.
17   (2) Medicaid (42 U.S.C.A. 1396 (1996)).

18   (3) 42 C.F.R. 440 (Services: General Provision) 
19 and 456 (Utilization Control) (1996).
20   (4) Health Insurance Portability and 
21 Accountability Act (HIPAA) as specified in 45 C.F.R. 
22 Section 160.310.

23   (5) The Substance Abuse Prevention Block Grant 
24 Regulations (45 C.F.R. Part 96).

25   (6) Program Fraud Civil Remedies Act of 1986 (45 
26 C.F.R. Part 79).

 
 
SB2834- 201 -LRB100 16078 KTG 33917 b


1   (7) Federal regulations regarding Opioid 
2 Maintenance Therapy (21 C.F.R. 29) (21 C.F.R. 
3 1301-1307 (D.E.A.)).

4   (8) Federal regulations regarding Diagnostic, 
5 Screening, Prevention, and Rehabilitation Services 
6 (Medicaid) (42 C.F.R. 440.130).

7   (9) Charitable Choice: Providers that qualify as 
8 religious organizations under 42 C.F.R. 54.2(b), who 
9 comply with the Charitable Choice Regulations as set 
10 forth in 42 C.F.R. 54.1 et seq. with regard to funds 
11 provided directly to pay for substance abuse 
12 prevention and treatment services.
13  (B) State requirements:
14   (1) 59 Ill. Admin. Code 50, Office of Inspector 
15 General Investigations of Alleged Abuse or Neglect in 
16 State-Operated Facilities and Community Agencies.
17   (2) 59 Ill. Admin. Code 51, Office of Inspector 
18 General Adults with Disabilities Project.
19   (3) 59 Ill. Admin. Code 103, Grants.
20   (4) 59 Ill. Admin. Code 115, Standards and 
21 Licensure Requirements for Community-Integrated Living 
22 Arrangements.
23   (5) 59 Ill. Admin. Code 117, Family Assistance and 
24 Home-Based Support Programs for Persons with Mental 
25 Disabilities.
26   (6) 59 Ill. Admin. Code 125, Recipient 
 
 
SB2834- 202 -LRB100 16078 KTG 33917 b


1 Discharge/Linkage/Aftercare.
2   (7) 59 Ill. Admin. Code 131, Children's Mental 
3 Health Screening, Assessment and Supportive Services 
4 Program.
5   (8) 59 Ill. Admin. Code 132, Medicaid Community 
6 Mental Health Services Program.

7   (9) 59 Ill. Admin. Code 135, Individual Care Grants 
8 for Mentally Ill Children.

9   (10) 89 Ill. Admin. Code 140, Medical Payment.

10   (11) 89 Ill. Admin. Code 140.642, Screening 
11 Assessment for Nursing Facility and Alternative 
12 Residential Settings and Services.
13   (12) 89 Ill. Admin. Code 507, Audit Requirements of 
14 Illinois Department of Human Services.

15   (13) 89 Ill. Admin. Code 509, 
16 Fiscal/Administrative Recordkeeping and Requirements.
17   (14) 89 Ill. Admin. Code 511, Grants and Grant 
18 Funds Recovery.
19   (15) 77 Ill. Admin. Code, Parts 2030, 2060, and 
20 2090.

21   (16) Title 77 Illinois Administrative Code:
22    (a) Part 630: Maternal and Child Health 
23 Services Code.
24    (b) Part 635: Family Planning Services Code.

25    (c) Part 672: WIC Vendor Management Code.

26    (d) Part 2030: Award and Monitoring of Funds.

 
 
SB2834- 203 -LRB100 16078 KTG 33917 b


1    (e) Part 2200: School Based/Linked Health 
2 Centers.

3   (17) Title 89 Illinois Administrative Code:
4    (a) Part 130.200: Administration of Social 
5 Service Programs, Domestic Violence Shelter and 
6 Service Programs.

7    (b) Part 310: Delivery of Youth Services 
8 Funded by the Department of Human Services.

9    (c) Part 313: Community Services.

10    (d) Part 334: Administration and Funding of 
11 Community-Based Services to Youth.

12    (e) Part 500: Early Intervention Program.
13    (f) Part 501: Partner Abuse Intervention. 
14    (g) Part 507: Audit Requirements of DHS. 
15    (h) Part 509: Fiscal/Administrative 
16 Recordkeeping and Requirements.
17    (i) Part 511: Grants and Grant Funds Recovery.
18   (18) State statutes:
19    (a) The Mental Health and Developmental 
20 Disabilities Code.
21    (b) The Community Services Act.
22    (c) The Mental Health and Developmental 
23 Disabilities Confidentiality Act.
24    (d) The Substance Use Disorder Act Alcoholism 
25 and Other Drug Abuse and Dependency Act.
26    (e) The Early Intervention Services System 
 
 
SB2834- 204 -LRB100 16078 KTG 33917 b


1 Act.
2    (f) The Children and Family Services Act.
3    (g) The Illinois Commission on Volunteerism 
4 and Community Services Act.
5    (h) The Department of Human Services Act.
6    (i) The Domestic Violence Shelters Act.
7    (j) The Illinois Youthbuild Act.
8    (k) The Civil Administrative Code of Illinois.
9    (l) The Illinois Grant Funds Recovery Act.
10    (m) The Child Care Act of 1969.
11    (n) The Solicitation for Charity Act.
12    (o) The Illinois Public Aid Code (305 ILCS 
13 5/9-1, 12-4.5 through 12-4.7, and 12-13).
14    (p) The Abused and Neglected Child Reporting 
15 Act.
16    (q) The Charitable Trust Act.

17    (r) The Illinois Alcoholism and Other Drug 
18 Dependency Act.

19  (C) The Provider shall be in compliance with all 
20 applicable requirements for services and service reporting 
21 as specified in the following Department manuals or 
22 handbooks:

23   (1) DHS/DMH Provider Manual.
24   (2) DHS Mental Health CSA Program Manual.
25   (3) DHS/DMH PAS/MH Manual.
26   (4) Community Forensic Services Handbook.
 
 
SB2834- 205 -LRB100 16078 KTG 33917 b


1   (5) Community Mental Health Service Definitions 
2 and Reimbursement Guide.
3   (6) DHS/DMH Collaborative Provider Manual.
4   (7) Handbook for Providers of Screening Assessment 
5 and Support Services, Chapter CMH-200 Policy and 
6 Procedures For Screening, Assessment and Support 
7 Services.
8   (8) DHS Division of Substance Use Prevention and 
9 Recovery DASA:
10    (a) Contractual Policy Manual.
11    (b) Medicaid Handbook.
12    (c) DARTS Manual.
13   (9) Division of Substance Use Prevention and 
14 Recovery DASA Best Practice Program Guidelines for 
15 Specific Populations.
16   (10) Division of Substance Use Prevention and 
17 Recovery DASA Contract Program Manual.

18 "Community behavioral healthcare services" means any of 
19the following: 
20  (i) Behavioral health services, including, but not 
21 limited to, prevention, intervention, or treatment care 
22 services and support for eligible persons provided by a 
23 vendor of the Department.
24  (ii) Referrals to providers of medical services and 
25 other health-related services, including substance abuse 
26 and mental health services.
 
 
SB2834- 206 -LRB100 16078 KTG 33917 b


1  (iii) Patient case management services, including 
2 counseling, referral, and follow-up services, and other 
3 services designed to assist community behavioral health 
4 center patients in establishing eligibility for and 
5 gaining access to federal, State, and local programs that 
6 provide or financially support the provision of medical, 
7 social, educational, or other related services.
8  (iv) Services that enable individuals to use the 
9 services of the behavioral health center including 
10 outreach and transportation services and, if a substantial 
11 number of the individuals in the population are of limited 
12 English-speaking ability, the services of appropriate 
13 personnel fluent in the language spoken by a predominant 
14 number of those individuals.
15  (v) Education of patients and the general population 
16 served by the community behavioral health center regarding 
17 the availability and proper use of behavioral health 
18 services.
19  (vi) Additional behavioral healthcare services 
20 consisting of services that are appropriate to meet the 
21 health needs of the population served by the behavioral 
22 health center involved and that may include housing 
23 assistance.
24 "Department" means the Department of Human Services.
25 "Uninsured population" means persons who do not own private 
26healthcare insurance, are not part of a group insurance plan, 
 
 
SB2834- 207 -LRB100 16078 KTG 33917 b


1and are not eligible for any State or federal 
2government-sponsored healthcare program.

3(Source: P.A. 96-1380, eff. 7-29-10.)

4 Section 35. The Illinois Police Training Act is amended by 
5changing Sections 7 and 10.18 as follows:



6 (50 ILCS 705/7) (from Ch. 85, par. 507)



7 Sec. 7. Rules and standards for schools. The Board shall 
8adopt rules and
minimum standards for such schools which shall 
9include, but not be limited to,
the following:

10  a. The curriculum for probationary police officers 
11 which shall be
offered by all certified schools shall 
12 include, but not be limited to,
courses of procedural 
13 justice, arrest and use and control tactics, search and 
14 seizure, including temporary questioning, civil rights, 
15 human rights, human relations,
cultural competency, 
16 including implicit bias and racial and ethnic sensitivity,

17 criminal law, law of criminal procedure, constitutional 
18 and proper use of law enforcement authority, vehicle and 
19 traffic law including
uniform and non-discriminatory 
20 enforcement of the Illinois Vehicle Code,
traffic control 
21 and accident investigation, techniques of obtaining

22 physical evidence, court testimonies, statements, reports, 
23 firearms
training, training in the use of electronic 
24 control devices, including the psychological and 
 
 
SB2834- 208 -LRB100 16078 KTG 33917 b


1 physiological effects of the use of those devices on 
2 humans, first-aid (including cardiopulmonary 
3 resuscitation), training in the administration of opioid 
4 antagonists as defined in paragraph (1) of subsection (e) 
5 of Section 5-23 of the Substance Use Disorder Act, 
6 Alcoholism and Other Drug Abuse and Dependency Act, 
7 handling of
juvenile offenders, recognition of
mental 
8 conditions and crises, including, but not limited to, the 
9 disease of addiction, which require immediate assistance 
10 and response and methods to
safeguard and provide 
11 assistance to a person in need of mental
treatment, 
12 recognition of abuse, neglect, financial exploitation, and 
13 self-neglect of adults with disabilities and older adults, 
14 as defined in Section 2 of the Adult Protective Services 
15 Act, crimes against the elderly, law of evidence, the 
16 hazards of high-speed police vehicle
chases with an 
17 emphasis on alternatives to the high-speed chase, and

18 physical training. The curriculum shall include specific 
19 training in
techniques for immediate response to and 
20 investigation of cases of domestic
violence and of sexual 
21 assault of adults and children, including cultural 
22 perceptions and common myths of sexual assault and sexual 
23 abuse as well as interview techniques that are trauma 
24 informed, victim centered, and victim sensitive. The 
25 curriculum shall include
training in techniques designed 
26 to promote effective
communication at the initial contact 
 
 
SB2834- 209 -LRB100 16078 KTG 33917 b


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

24  b. Minimum courses of study, attendance requirements 
25 and equipment
requirements.

26  c. Minimum requirements for instructors.

 
 
SB2834- 210 -LRB100 16078 KTG 33917 b


1  d. Minimum basic training requirements, which a 
2 probationary police
officer must satisfactorily complete 
3 before being eligible for permanent
employment as a local 
4 law enforcement officer for a participating local

5 governmental agency. Those requirements shall include 
6 training in first aid
(including cardiopulmonary 
7 resuscitation).

8  e. Minimum basic training requirements, which a 
9 probationary county
corrections officer must 
10 satisfactorily complete before being eligible for

11 permanent employment as a county corrections officer for a 
12 participating
local governmental agency.

13  f. Minimum basic training requirements which a 
14 probationary court
security officer must satisfactorily 
15 complete before being eligible for
permanent employment as 
16 a court security officer for a participating local

17 governmental agency. The Board shall
establish those 
18 training requirements which it considers appropriate for 
19 court
security officers and shall certify schools to 
20 conduct that training. 

21  A person hired to serve as a court security officer 
22 must obtain from the
Board a certificate (i) attesting to 
23 his or her successful completion of the
training course; 
24 (ii) attesting to his or her satisfactory
completion of a 
25 training program of similar content and number of hours 
26 that
has been found acceptable by the Board under the 
 
 
SB2834- 211 -LRB100 16078 KTG 33917 b


1 provisions of this Act; or
(iii) attesting to the Board's 
2 determination that the training
course is unnecessary 
3 because of the person's extensive prior law enforcement

4 experience.

5  Individuals who currently serve as court security 
6 officers shall be deemed
qualified to continue to serve in 
7 that capacity so long as they are certified
as provided by 
8 this Act within 24 months of June 1, 1997 (the effective 
9 date of Public Act 89-685). Failure to be so certified, 
10 absent a waiver from the
Board, shall cause the officer to 
11 forfeit his or her position.

12  All individuals hired as court security officers on or 
13 after June 1, 1997 (the effective
date of Public Act 
14 89-685) this amendatory Act of 1996 shall be certified 
15 within 12 months of the
date of their hire, unless a waiver 
16 has been obtained by the Board, or they
shall forfeit their 
17 positions.

18  The Sheriff's Merit Commission, if one exists, or the 
19 Sheriff's Office if
there is no Sheriff's Merit Commission, 
20 shall maintain a list of all
individuals who have filed 
21 applications to become court security officers and
who meet 
22 the eligibility requirements established under this Act. 
23 Either
the Sheriff's Merit Commission, or the Sheriff's 
24 Office if no Sheriff's Merit
Commission exists, shall 
25 establish a schedule of reasonable intervals for

26 verification of the applicants' qualifications under
this 
 
 
SB2834- 212 -LRB100 16078 KTG 33917 b


1 Act and as established by the Board.

2  g. Minimum in-service training requirements, which a 
3 police officer must satisfactorily complete every 3 years. 
4 Those requirements shall include constitutional and proper 
5 use of law enforcement authority, procedural justice, 
6 civil rights, human rights, mental health awareness and 
7 response, and cultural competency.
8  h. Minimum in-service training requirements, which a 
9 police officer must satisfactorily complete at least 
10 annually. Those requirements shall include law updates and 
11 use of force training which shall include scenario based 
12 training, or similar training approved by the Board.
13(Source: P.A. 99-352, eff. 1-1-16; 99-480, eff. 9-9-15; 99-642, 
14eff. 7-28-16; 99-801, eff. 1-1-17; 100-121, eff. 1-1-18; 
15100-247, eff. 1-1-18; revised 10-3-17.)


16 (50 ILCS 705/10.18)
17 Sec. 10.18. Training; administration of opioid 
18antagonists. The Board shall conduct or approve an in-service 
19training program for police officers in the administration of 
20opioid antagonists as defined in paragraph (1) of subsection 
21(e) of Section 5-23 of the Substance Use Disorder Act 
22Alcoholism and Other Drug Abuse and Dependency Act that is in 
23accordance with that Section. As used in this Section, the term 
24"police officers" includes full-time or part-time probationary 
25police officers, permanent or part-time police officers, law 
 
 
SB2834- 213 -LRB100 16078 KTG 33917 b


1enforcement officers, recruits, permanent or probationary 
2county corrections officers, permanent or probationary county 
3security officers, and court security officers. The term does 
4not include auxiliary police officers as defined in Section 
53.1-30-20 of the Illinois Municipal Code.

6(Source: P.A. 99-480, eff. 9-9-15; 99-642, eff. 7-28-16.)

7 Section 40. The Illinois Fire Protection Training Act is 
8amended by changing Sections 8 and 12.5 as follows:




9 (50 ILCS 740/8) (from Ch. 85, par. 538)



10 Sec. 8. Rules and minimum standards for schools. The Office

11shall adopt rules and minimum standards for such
schools which 
12shall include but not be limited to the following:

13  a. Minimum courses of study, resources, facilities, 
14 apparatus,
equipment, reference material, established 
15 records and procedures as
determined by the Office.

16  b. Minimum requirements for instructors.

17  c. Minimum basic training requirements, which a 
18 trainee must
satisfactorily complete before being eligible 
19 for permanent employment
as a fire fighter in the fire 
20 department of a participating local
governmental agency.

21 Those requirements shall include training in first aid 
22 (including
cardiopulmonary resuscitation) and training in 
23 the administration of opioid antagonists as defined in 
24 paragraph (1) of subsection (e) of Section 5-23 of the 
 
 
SB2834- 214 -LRB100 16078 KTG 33917 b


1 Substance Use Disorder Act Alcoholism and Other Drug Abuse 
2 and Dependency Act.

3(Source: P.A. 99-480, eff. 9-9-15.)


4 (50 ILCS 740/12.5)
5 Sec. 12.5. In-service training; opioid antagonists. The 
6Office shall distribute an in-service training program for fire 
7fighters in the administration of opioid antagonists as defined 
8in paragraph (1) of subsection (e) of Section 5-23 of the 
9Substance Use Disorder Act Alcoholism and Other Drug Abuse and 
10Dependency Act that is developed by the Department of Human 
11Services in accordance with that Section. As used in this 
12Section 12.5, the term "fire fighters" includes full-time or 
13part-time fire fighters, but does not include auxiliary, 
14reserve, or volunteer firefighters.

15(Source: P.A. 99-480, eff. 9-9-15.)

16 Section 45. The Counties Code is amended by changing 
17Section 5-1103 as follows:



18 (55 ILCS 5/5-1103) (from Ch. 34, par. 5-1103)



19 Sec. 5-1103. Court services fee. A county board may enact 
20by ordinance or
resolution a court services fee dedicated to 
21defraying court security expenses
incurred by the sheriff in 
22providing court services or for any other court
services deemed 
23necessary by the sheriff to provide for court security,

 
 
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1including without limitation court services provided pursuant 
2to Section
3-6023, as now or hereafter amended. Such fee shall 
3be paid in civil cases by
each party at the time of filing the 
4first pleading, paper or other appearance;
provided that no 
5additional fee shall be required if more than one party is

6represented in a single pleading, paper or other appearance. In 
7criminal,
local ordinance, county ordinance, traffic and 
8conservation cases, such fee
shall be assessed against the 
9defendant upon a plea of guilty, stipulation of
facts or 
10findings of guilty, resulting in a judgment of conviction, or 
11order of
supervision, or sentence of probation without entry of 
12judgment pursuant to
Section 10 of the Cannabis Control Act, 
13Section 410 of the Illinois Controlled
Substances Act, Section 
1470 of the Methamphetamine Control and Community Protection Act,

15Section 12-4.3 or subdivision (b)(1) of Section 12-3.05 of the 
16Criminal Code of 1961 or the Criminal Code of 2012, Section 
1710-102 of
the Illinois Alcoholism and Other Drug Dependency 
18Act, Section 40-10 of the
Substance Use Disorder Act, 
19Alcoholism and Other Drug Abuse and Dependency Act, or Section 
2010 of the
Steroid Control Act. In setting such fee, the county 
21board may impose,
with
the concurrence of the Chief Judge of 
22the judicial circuit in which the county
is located by 
23administrative order entered by the Chief Judge,
differential

24rates for the various types or categories of criminal and civil 
25cases, but the
maximum rate shall not exceed $25, unless the 
26fee is set according to an acceptable cost study in accordance 
 
 
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1with Section 4-5001 of the Counties Code.
All proceeds from 
2this fee must be used to defray court security expenses

3incurred by the sheriff in providing court services.
No fee 
4shall be imposed or collected,
however, in traffic, 
5conservation, and ordinance cases in which fines are paid

6without a court appearance. The fees shall be collected in the 
7manner in which
all other court fees or costs are collected and 
8shall be deposited into the
county general fund for payment 
9solely of costs incurred by the sheriff in
providing court 
10security or for any other court services deemed necessary by

11the sheriff to provide for court security.

12(Source: P.A. 99-265, eff. 1-1-16.)


13 Section 46. The Drug School Act is amended by changing 
14Sections 10, 15, and 40 as follows:

15 (55 ILCS 130/10)

16 Sec. 10. Definition. As used in this Act, "drug school" 
17means a drug intervention and education program established and 
18administered by the State's Attorney's Office of a particular 
19county as an alternative to traditional prosecution. A drug 
20school shall include, but not be limited to, the following core 
21components:
22  (1) No less than 10 and no more than 20 hours of drug 
23 education delivered by an organization licensed, certified 
24 or otherwise authorized by the Illinois Department of Human 
 
 
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1 Services, Division of Substance Use Prevention and 
2 Recovery Alcoholism and Substance Abuse to provide 
3 treatment, intervention, education or other such services. 
4 This education is to be delivered at least once per week at 
5 a class of no less than one hour and no greater than 4 
6 hours, and with a class size no larger than 40 individuals.
7  (2) Curriculum designed to present the harmful effects 
8 of drug use on the individual, family and community, 
9 including the relationship between drug use and criminal 
10 behavior, as well as instruction regarding the application 
11 procedure for the sealing and expungement of records of 
12 arrest and any other record of the proceedings of the case 
13 for which the individual was mandated to attend the drug 
14 school.
15  (3) Education regarding the practical consequences of 
16 conviction and continued justice involvement. Such 
17 consequences of drug use will include the negative 
18 physiological, psychological, societal, familial, and 
19 legal areas. Additionally, the practical limitations 
20 imposed by a drug conviction on one's vocational, 
21 educational, financial, and residential options will be 
22 addressed.
23  (4) A process for monitoring and reporting attendance 
24 such that the State's Attorney in the county where the drug 
25 school is being operated is informed of class attendance no 
26 more than 48 hours after each class.
 
 
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1  (5) A process for capturing data on drug school 
2 participants, including but not limited to total 
3 individuals served, demographics of those individuals, 
4 rates of attendance, and frequency of future justice 
5 involvement for drug school participants and other data as 
6 may be required by the Division of Substance Use Prevention 
7 and Recovery Alcoholism and Substance Abuse.


8(Source: P.A. 95-160, eff. 1-1-08.)

9 (55 ILCS 130/15)

10 Sec. 15. Authorization. 
11 (a) Each State's Attorney may establish a drug school 
12operated under the terms of this Act. The purpose of the drug 
13school shall be to provide an alternative to prosecution by 
14identifying drug-involved individuals for the purpose of 
15intervening with their drug use before their criminal 
16involvement becomes severe. The State's Attorney shall 
17identify criteria to be used in determining eligibility for the 
18drug school. Only those participants who successfully complete 
19the requirements of the drug school, as certified by the 
20State's Attorney, are eligible to apply for the sealing and 
21expungement of records of arrest and any other record of the 
22proceedings of the case for which the individual was mandated 
23to attend the drug school.
24 (b) A State's Attorney seeking to establish a drug school 
25may apply to the Division of Substance Use Prevention and 
 
 
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1Recovery Alcoholism and Substance Abuse of the Illinois 
2Department of Human Services ("DASA") for funding to establish 
3and operate a drug school within his or her respective county. 
4Nothing in this subsection shall prevent State's Attorneys from 
5establishing drug schools within their counties without 
6funding from the Division of Substance Use Prevention and 
7Recovery DASA.
8 (c) Nothing in this Act shall prevent 2 or more State's 
9Attorneys from applying jointly for funding as provided in 
10subsection (b) for the purpose of establishing a drug school 
11that serves multiple counties.
12 (d) Drug schools established through funding from the 
13Division of Substance Use Prevention and Recovery DASA shall 
14operate according to the guidelines established thereby and the 
15provisions of this Act.


16(Source: P.A. 95-160, eff. 1-1-08.)

17 (55 ILCS 130/40)

18 Sec. 40. Appropriations to the Division of Substance Use 
19Prevention and Recovery DASA. 
20 (a) Moneys shall be appropriated to the Department of Human 
21Services' Division of Substance Use Prevention and Recovery 
22DASA to enable the Division DASA (i) to contract with Cook 
23County, and (ii) counties other than Cook County to reimburse 
24for services delivered in those counties under the county Drug 
25School program. 
 
 
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1 (b) The Division of Substance Use Prevention and Recovery 
2DASA shall establish rules and procedures for reimbursements 
3paid to the Cook County Treasurer which are not subject to 
4county appropriation and are not intended to supplant monies 
5currently expended by Cook County to operate its drug school 
6program. Cook County is required to maintain its efforts with 
7regard to its drug school program. 
8 (c) Expenditure of moneys under this Section is subject to 
9audit by the Auditor General.
10 (d) In addition to reporting required by the Division of 
11Substance Use Prevention and Recovery DASA, State's Attorneys 
12receiving monies under this Section shall each report 
13separately to the General Assembly by January 1, 2008 and each 
14and every following January 1 for as long as the services are 
15in existence, detailing the need for continued services and 
16contain any suggestions for changes to this Act.

17(Source: P.A. 95-160, eff. 1-1-08.)

18 Section 50. The Township Code is amended by changing 
19Sections 30-145 and 190-10 as follows:




20 (60 ILCS 1/30-145)



21 Sec. 30-145. Mental health services. If a township is not 
22included in a
mental health district organized under the 
23Community Mental Health Act, the
electors may authorize the 
24board of trustees to provide mental health
services (including 
 
 
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1services for the
alcoholic and the drug addicted, and for 
2persons with intellectual disabilities) for residents of the

3township by disbursing existing funds if available by 
4contracting
with mental health agencies
approved by the 
5Department of Human Services,
alcoholism treatment programs 
6licensed by the Department of Public Health, and
treatment drug 
7abuse facilities and other services for substance use disorders 
8alcohol and drug abuse services approved by the
Department of 
9Human Services. To be
eligible to receive
township funds, an 
10agency, program, facility, or other service provider must
have 
11been in existence for more than one year and must serve the 
12township
area.

13(Source: P.A. 99-143, eff. 7-27-15.)





14 (60 ILCS 1/190-10)



15 Sec. 190-10. Mental health services. If a township is not 
16included in a
mental health district organized under the 
17Community Mental Health Act, the
township board may provide 
18mental health services (including services for the
alcoholic 
19and the drug addicted, and for persons with intellectual 
20disabilities) for residents of the
township by disbursing 
21funds, pursuant to an appropriation, to mental health
agencies 
22approved by the Department of Human Services, alcoholism 
23treatment
programs licensed by the Department of
Public Health, 
24drug abuse facilities approved by the Department of Human

25Services, and other services for substance use disorders 
 
 
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1alcoholism and drug
abuse services approved by
the Department 
2of Human Services. To be
eligible for township
funds disbursed 
3under this Section, an agency, program, facility, or other

4service provider must have been in existence for more than one 
5year and serve
the township area.

6(Source: P.A. 99-143, eff. 7-27-15.)


7 Section 55. The School Code is amended by changing Section 
822-30 as follows:



9 (105 ILCS 5/22-30)



10 Sec. 22-30. Self-administration and self-carry of asthma 
11medication and epinephrine auto-injectors; administration of 
12undesignated epinephrine auto-injectors; administration of an 
13opioid antagonist; asthma episode emergency response protocol.

14 (a) For the purpose of this Section only, the following 
15terms shall have the meanings set forth below:

16 "Asthma action plan" means a written plan developed with a 
17pupil's medical provider to help control the pupil's asthma. 
18The goal of an asthma action plan is to reduce or prevent 
19flare-ups and emergency department visits through day-to-day 
20management and to serve as a student-specific document to be 
21referenced in the event of an asthma episode.
22 "Asthma episode emergency response protocol" means a 
23procedure to provide assistance to a pupil experiencing 
24symptoms of wheezing, coughing, shortness of breath, chest 
 
 
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1tightness, or breathing difficulty.
2 "Asthma inhaler" means a quick reliever asthma inhaler. 
3 "Epinephrine auto-injector" means a single-use device used 
4for the automatic injection of a pre-measured dose of 
5epinephrine into the human body.

6 "Asthma medication" means a medicine, prescribed by (i) a 
7physician
licensed to practice medicine in all its branches,

8(ii) a licensed physician assistant with prescriptive 
9authority, or (iii) a licensed advanced practice registered

10nurse with prescriptive authority
for a pupil that pertains to 
11the pupil's
asthma and that has an individual prescription 
12label.

13 "Opioid antagonist" means a drug that binds to opioid 
14receptors and blocks or inhibits the effect of opioids acting 
15on those receptors, including, but not limited to, naloxone 
16hydrochloride or any other similarly acting drug approved by 
17the U.S. Food and Drug Administration. 
18 "School nurse" means a registered nurse working in a school 
19with or without licensure endorsed in school nursing. 
20 "Self-administration" means a pupil's discretionary use of 
21his or
her prescribed asthma medication or epinephrine 
22auto-injector.

23 "Self-carry" means a pupil's ability to carry his or her 
24prescribed asthma medication or epinephrine auto-injector.
25 "Standing protocol" may be issued by (i) a physician 
26licensed to practice medicine in all its branches, (ii) a 
 
 
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1licensed physician assistant with prescriptive authority, or 
2(iii) a licensed advanced practice registered nurse with 
3prescriptive authority. 
4 "Trained personnel" means any school employee or volunteer 
5personnel authorized in Sections 10-22.34, 10-22.34a, and 
610-22.34b of this Code who has completed training under 
7subsection (g) of this Section to recognize and respond to 
8anaphylaxis.
9 "Undesignated epinephrine auto-injector" means an 
10epinephrine auto-injector prescribed in the name of a school 
11district, public school, or nonpublic school. 
12 (b) A school, whether public or nonpublic, must permit the

13self-administration and self-carry of asthma
medication by a 
14pupil with asthma or the self-administration and self-carry of 
15an epinephrine auto-injector by a pupil, provided that:

16  (1) the parents or
guardians of the pupil provide to 
17 the school (i) written
authorization from the parents or 
18 guardians for (A) the self-administration and self-carry 
19 of asthma medication or (B) the self-carry of asthma 
20 medication or (ii) for (A) the self-administration and 
21 self-carry of an epinephrine auto-injector or (B) the 
22 self-carry of an epinephrine auto-injector, written 
23 authorization from the pupil's physician, physician 
24 assistant, or advanced practice registered nurse; and

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

8   (A) the name and purpose of the epinephrine 
9 auto-injector;

10   (B) the prescribed dosage; and

11   (C) the time or times at which or the special 
12 circumstances
under which the epinephrine 
13 auto-injector is to be administered.

14The information provided shall be kept on file in the office of 
15the school
nurse or,
in the absence of a school nurse, the 
16school's administrator.

17 (b-5) A school district, public school, or nonpublic school 
18may authorize the provision of a student-specific or 
19undesignated epinephrine auto-injector to a student or any 
20personnel authorized under a student's Individual Health Care 
21Action Plan, Illinois Food Allergy Emergency Action Plan and 
22Treatment Authorization Form, or plan pursuant to Section 504 
23of the federal Rehabilitation Act of 1973 to administer an 
24epinephrine auto-injector to the student, that meets the 
25student's prescription on file.
26 (b-10) The school district, public school, or nonpublic 
 
 
SB2834- 226 -LRB100 16078 KTG 33917 b


1school may authorize a school nurse or trained personnel to do 
2the following: (i) provide an undesignated epinephrine 
3auto-injector to a student for self-administration only or any 
4personnel authorized under a student's Individual Health Care 
5Action Plan, Illinois Food Allergy Emergency Action Plan and 
6Treatment Authorization Form, or plan pursuant to Section 504 
7of the federal Rehabilitation Act of 1973 to administer to the 
8student, that meets the student's prescription on file; (ii) 
9administer an undesignated epinephrine auto-injector that 
10meets the prescription on file to any student who has an 
11Individual Health Care Action Plan, Illinois Food Allergy 
12Emergency Action Plan and Treatment Authorization Form, or plan 
13pursuant to Section 504 of the federal Rehabilitation Act of 
141973 that authorizes the use of an epinephrine auto-injector; 
15(iii) administer an undesignated epinephrine auto-injector to 
16any person that the school nurse or trained personnel in good 
17faith believes is having an anaphylactic reaction; and (iv) 
18administer an opioid antagonist to any person that the school 
19nurse or trained personnel in good faith believes is having an 
20opioid overdose. 
21 (c) The school district, public school, or nonpublic school 
22must inform the parents or
guardians of the
pupil, in writing, 
23that the school district, public school, or nonpublic school 
24and its
employees and
agents, including a physician, physician 
25assistant, or advanced practice registered nurse providing 
26standing protocol or prescription for school epinephrine 
 
 
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1auto-injectors,
are to incur no liability or professional 
2discipline, except for willful and wanton conduct, as a result

3of any injury arising from the
administration of asthma 
4medication, an epinephrine auto-injector, or an opioid 
5antagonist regardless of whether authorization was given by the 
6pupil's parents or guardians or by the pupil's physician, 
7physician assistant, or advanced practice registered nurse. 
8The parents or guardians
of the pupil must sign a statement 
9acknowledging that the school district, public school,
or 
10nonpublic school and its employees and agents are to incur no 
11liability, except for willful and wanton
conduct, as a result 
12of any injury arising
from the
administration of asthma 
13medication, an epinephrine auto-injector, or an opioid 
14antagonist regardless of whether authorization was given by the 
15pupil's parents or guardians or by the pupil's physician, 
16physician assistant, or advanced practice registered nurse and 
17that the parents or
guardians must indemnify and hold harmless 
18the school district, public school, or nonpublic
school and
its

19employees and agents against any claims, except a claim based 
20on willful and
wanton conduct, arising out of the

21administration of asthma medication, an epinephrine 
22auto-injector, or an opioid antagonist regardless of whether 
23authorization was given by the pupil's parents or guardians or 
24by the pupil's physician, physician assistant, or advanced 
25practice registered nurse.
26 (c-5) When a school nurse or trained personnel administers 
 
 
SB2834- 228 -LRB100 16078 KTG 33917 b


1an undesignated epinephrine auto-injector to a person whom the 
2school nurse or trained personnel in good faith believes is 
3having an anaphylactic reaction or administers an opioid 
4antagonist to a person whom the school nurse or trained 
5personnel in good faith believes is having an opioid overdose, 
6notwithstanding the lack of notice to the parents or guardians 
7of the pupil or the absence of the parents or guardians signed 
8statement acknowledging no liability, except for willful and 
9wanton conduct, the school district, public school, or 
10nonpublic school and its employees and agents, and a physician, 
11a physician assistant, or an advanced practice registered nurse 
12providing standing protocol or prescription for undesignated 
13epinephrine auto-injectors, are to incur no liability or 
14professional discipline, except for willful and wanton 
15conduct, as a result of any injury arising from the use of an 
16undesignated epinephrine auto-injector or the use of an opioid 
17antagonist regardless of whether authorization was given by the 
18pupil's parents or guardians or by the pupil's physician, 
19physician assistant, or advanced practice registered nurse.

20 (d) The permission for self-administration and self-carry 
21of asthma medication or the self-administration and self-carry 
22of an epinephrine auto-injector is effective
for the school 
23year for which it is granted and shall be renewed each

24subsequent school year upon fulfillment of the requirements of 
25this
Section.

26 (e) Provided that the requirements of this Section are 
 
 
SB2834- 229 -LRB100 16078 KTG 33917 b


1fulfilled, a
pupil with asthma may self-administer and 
2self-carry his or her asthma medication or a pupil may 
3self-administer and self-carry an epinephrine auto-injector 
4(i) while in
school, (ii) while at a school-sponsored activity, 
5(iii) while under the
supervision of
school personnel, or (iv) 
6before or after normal school activities, such
as while in 
7before-school or after-school care on school-operated
property 
8or while being transported on a school bus.

9 (e-5) Provided that the requirements of this Section are 
10fulfilled, a school nurse or trained personnel may administer 
11an undesignated epinephrine auto-injector to any person whom 
12the school nurse or trained personnel in good faith believes to 
13be having an anaphylactic reaction (i) while in school, (ii) 
14while at a school-sponsored activity, (iii) while under the 
15supervision of school personnel, or (iv) before or after normal 
16school activities, such
as while in before-school or 
17after-school care on school-operated property or while being 
18transported on a school bus. A school nurse or trained 
19personnel may carry undesignated epinephrine auto-injectors on 
20his or her person while in school or at a school-sponsored 
21activity. 
22 (e-10) Provided that the requirements of this Section are 
23fulfilled, a school nurse or trained personnel may administer 
24an opioid antagonist to any person whom the school nurse or 
25trained personnel in good faith believes to be having an opioid 
26overdose (i) while in school, (ii) while at a school-sponsored 
 
 
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1activity, (iii) while under the supervision of school 
2personnel, or (iv) before or after normal school activities, 
3such as while in before-school or after-school care on 
4school-operated property. A school nurse or trained personnel 
5may carry an opioid antagonist on their person while in school 
6or at a school-sponsored activity. 
7 (f) The school district, public school, or nonpublic school 
8may maintain a supply of undesignated epinephrine 
9auto-injectors in any secure location that is accessible 
10before, during, and after school where an allergic person is 
11most at risk, including, but not limited to, classrooms and 
12lunchrooms. A physician, a physician assistant who has been 
13delegated prescriptive authority in accordance with Section 
147.5 of the Physician Assistant Practice Act of 1987, or an 
15advanced practice registered nurse who has been delegated 
16prescriptive authority in accordance with Section 65-40 of the 
17Nurse Practice Act may prescribe undesignated epinephrine 
18auto-injectors in the name of the school district, public 
19school, or nonpublic school to be maintained for use when 
20necessary. Any supply of epinephrine auto-injectors shall be 
21maintained in accordance with the manufacturer's instructions.
22 The school district, public school, or nonpublic school may 
23maintain a supply of an opioid antagonist in any secure 
24location where an individual may have an opioid overdose. A 
25health care professional who has been delegated prescriptive 
26authority for opioid antagonists in accordance with Section 
 
 
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15-23 of the Substance Use Disorder Act Alcoholism and Other 
2Drug Abuse and Dependency Act may prescribe opioid antagonists 
3in the name of the school district, public school, or nonpublic 
4school, to be maintained for use when necessary. Any supply of 
5opioid antagonists shall be maintained in accordance with the 
6manufacturer's instructions. 
7 (f-3) Whichever entity initiates the process of obtaining 
8undesignated epinephrine auto-injectors and providing training 
9to personnel for carrying and administering undesignated 
10epinephrine auto-injectors shall pay for the costs of the 
11undesignated epinephrine auto-injectors.
12 (f-5) Upon any administration of an epinephrine 
13auto-injector, a school district, public school, or nonpublic 
14school must immediately activate the EMS system and notify the 
15student's parent, guardian, or emergency contact, if known.
16 Upon any administration of an opioid antagonist, a school 
17district, public school, or nonpublic school must immediately 
18activate the EMS system and notify the student's parent, 
19guardian, or emergency contact, if known. 
20 (f-10) Within 24 hours of the administration of an 
21undesignated epinephrine auto-injector, a school district, 
22public school, or nonpublic school must notify the physician, 
23physician assistant, or advanced practice registered nurse who 
24provided the standing protocol or prescription for the 
25undesignated epinephrine auto-injector of its use. 
26 Within 24 hours after the administration of an opioid 
 
 
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1antagonist, a school district, public school, or nonpublic 
2school must notify the health care professional who provided 
3the prescription for the opioid antagonist of its use. 
4 (g) Prior to the administration of an undesignated 
5epinephrine auto-injector, trained personnel must submit to 
6their school's administration proof of completion of a training 
7curriculum to recognize and respond to anaphylaxis that meets 
8the requirements of subsection (h) of this Section. Training 
9must be completed annually. The school district, public school, 
10or nonpublic school must maintain records related to the 
11training curriculum and trained personnel.
12 Prior to the administration of an opioid antagonist, 
13trained personnel must submit to their school's administration 
14proof of completion of a training curriculum to recognize and 
15respond to an opioid overdose, which curriculum must meet the 
16requirements of subsection (h-5) of this Section. Training must 
17be completed annually. Trained personnel must also submit to 
18the school's administration proof of cardiopulmonary 
19resuscitation and automated external defibrillator 
20certification. The school district, public school, or 
21nonpublic school must maintain records relating to the training 
22curriculum and the trained personnel. 
23 (h) A training curriculum to recognize and respond to 
24anaphylaxis, including the administration of an undesignated 
25epinephrine auto-injector, may be conducted online or in 
26person.
 
 
SB2834- 233 -LRB100 16078 KTG 33917 b


1 Training shall include, but is not limited to:
2  (1) how to recognize signs and symptoms of an allergic 
3 reaction, including anaphylaxis;
4  (2) how to administer an epinephrine auto-injector; 
5 and
6  (3) a test demonstrating competency of the knowledge 
7 required to recognize anaphylaxis and administer an 
8 epinephrine auto-injector.
9 Training may also include, but is not limited to:
10  (A) a review of high-risk areas within a school and its 
11 related facilities;
12  (B) steps to take to prevent exposure to allergens;
13  (C) emergency follow-up procedures;
14  (D) how to respond to a student with a known allergy, 
15 as well as a student with a previously unknown allergy; and
16  (E) other criteria as determined in rules adopted 
17 pursuant to this Section.
18 In consultation with statewide professional organizations 
19representing physicians licensed to practice medicine in all of 
20its branches, registered nurses, and school nurses, the State 
21Board of Education shall make available resource materials 
22consistent with criteria in this subsection (h) for educating 
23trained personnel to recognize and respond to anaphylaxis. The 
24State Board may take into consideration the curriculum on this 
25subject developed by other states, as well as any other 
26curricular materials suggested by medical experts and other 
 
 
SB2834- 234 -LRB100 16078 KTG 33917 b


1groups that work on life-threatening allergy issues. The State 
2Board is not required to create new resource materials. The 
3State Board shall make these resource materials available on 
4its Internet website.
5 (h-5) A training curriculum to recognize and respond to an 
6opioid overdose, including the administration of an opioid 
7antagonist, may be conducted online or in person. The training 
8must comply with any training requirements under Section 5-23 
9of the Substance Use Disorder Act Alcoholism and Other Drug 
10Abuse and Dependency Act and the corresponding rules. It must 
11include, but is not limited to:
12  (1) how to recognize symptoms of an opioid overdose;
13  (2) information on drug overdose prevention and 
14 recognition;
15  (3) how to perform rescue breathing and resuscitation;
16  (4) how to respond to an emergency involving an opioid 
17 overdose;
18  (5) opioid antagonist dosage and administration;
19  (6) the importance of calling 911;
20  (7) care for the overdose victim after administration 
21 of the overdose antagonist;
22  (8) a test demonstrating competency of the knowledge 
23 required to recognize an opioid overdose and administer a 
24 dose of an opioid antagonist; and
25  (9) other criteria as determined in rules adopted 
26 pursuant to this Section. 
 
 
SB2834- 235 -LRB100 16078 KTG 33917 b


1 (i) Within 3 days after the administration of an 
2undesignated epinephrine auto-injector by a school nurse, 
3trained personnel, or a student at a school or school-sponsored 
4activity, the school must report to the State Board of 
5Education in a form and manner prescribed by the State Board 
6the following information:
7  (1) age and type of person receiving epinephrine 
8 (student, staff, visitor);
9  (2) any previously known diagnosis of a severe allergy;
10  (3) trigger that precipitated allergic episode;
11  (4) location where symptoms developed;
12  (5) number of doses administered;
13  (6) type of person administering epinephrine (school 
14 nurse, trained personnel, student); and
15  (7) any other information required by the State Board.
16 If a school district, public school, or nonpublic school 
17maintains or has an independent contractor providing 
18transportation to students who maintains a supply of 
19undesignated epinephrine auto-injectors, then the school 
20district, public school, or nonpublic school must report that 
21information to the State Board of Education upon adoption or 
22change of the policy of the school district, public school, 
23nonpublic school, or independent contractor, in a manner as 
24prescribed by the State Board. The report must include the 
25number of undesignated epinephrine auto-injectors in supply.
26 (i-5) Within 3 days after the administration of an opioid 
 
 
SB2834- 236 -LRB100 16078 KTG 33917 b


1antagonist by a school nurse or trained personnel, the school 
2must report to the State Board of Education, in a form and 
3manner prescribed by the State Board, the following 
4information:
5  (1) the age and type of person receiving the opioid 
6 antagonist (student, staff, or visitor);
7  (2) the location where symptoms developed;
8  (3) the type of person administering the opioid 
9 antagonist (school nurse or trained personnel); and
10  (4) any other information required by the State Board. 
11 (j) By October 1, 2015 and every year thereafter, the State 
12Board of Education shall submit a report to the General 
13Assembly identifying the frequency and circumstances of 
14epinephrine administration during the preceding academic year. 
15Beginning with the 2017 report, the report shall also contain 
16information on which school districts, public schools, and 
17nonpublic schools maintain or have independent contractors 
18providing transportation to students who maintain a supply of 
19undesignated epinephrine auto-injectors. This report shall be 
20published on the State Board's Internet website on the date the 
21report is delivered to the General Assembly.
22 (j-5) Annually, each school district, public school, 
23charter school, or nonpublic school shall request an asthma 
24action plan from the parents or guardians of a pupil with 
25asthma. If provided, the asthma action plan must be kept on 
26file in the office of the school nurse or, in the absence of a 
 
 
SB2834- 237 -LRB100 16078 KTG 33917 b


1school nurse, the school administrator. Copies of the asthma 
2action plan may be distributed to appropriate school staff who 
3interact with the pupil on a regular basis, and, if applicable, 
4may be attached to the pupil's federal Section 504 plan or 
5individualized education program plan.
6 (j-10) To assist schools with emergency response 
7procedures for asthma, the State Board of Education, in 
8consultation with statewide professional organizations with 
9expertise in asthma management and a statewide organization 
10representing school administrators, shall develop a model 
11asthma episode emergency response protocol before September 1, 
122016. Each school district, charter school, and nonpublic 
13school shall adopt an asthma episode emergency response 
14protocol before January 1, 2017 that includes all of the 
15components of the State Board's model protocol.
16 (j-15) Every 2 years, school personnel who work with pupils 
17shall complete an in-person or online training program on the 
18management of asthma, the prevention of asthma symptoms, and 
19emergency response in the school setting. In consultation with 
20statewide professional organizations with expertise in asthma 
21management, the State Board of Education shall make available 
22resource materials for educating school personnel about asthma 
23and emergency response in the school setting.
24 (j-20) On or before October 1, 2016 and every year 
25thereafter, the State Board of Education shall submit a report 
26to the General Assembly and the Department of Public Health 
 
 
SB2834- 238 -LRB100 16078 KTG 33917 b


1identifying the frequency and circumstances of opioid 
2antagonist administration during the preceding academic year. 
3This report shall be published on the State Board's Internet 
4website on the date the report is delivered to the General 
5Assembly. 
6 (k) The State Board of Education may adopt rules necessary 
7to implement this Section. 
8 (l) Nothing in this Section shall limit the amount of 
9epinephrine auto-injectors that any type of school or student 
10may carry or maintain a supply of.
11(Source: P.A. 99-173, eff. 7-29-15; 99-480, eff. 9-9-15; 
1299-642, eff. 7-28-16; 99-711, eff. 1-1-17; 99-843, eff. 
138-19-16; 100-201, eff. 8-18-17; 100-513, eff. 1-1-18.)


14 Section 60. The Hospital Licensing Act is amended by 
15changing Section 3 as follows:



16 (210 ILCS 85/3)


17 Sec. 3. As used in this Act: 

18 (A) "Hospital" means any institution, place, building, 
19buildings on a campus, or agency, public
or private, whether 
20organized for profit or not, devoted primarily to the

21maintenance and operation of facilities for the diagnosis and 
22treatment or
care of 2 or more unrelated persons admitted for 
23overnight stay or longer
in order to obtain medical, including 
24obstetric, psychiatric and nursing,
care of illness, disease, 
 
 
SB2834- 239 -LRB100 16078 KTG 33917 b


1injury, infirmity, or deformity.

2 The term "hospital", without regard to length of stay, 
3shall also
include:


4  (a) any facility which is devoted primarily to 
5 providing psychiatric and
related services and programs 
6 for the diagnosis and treatment or care of
2 or more 
7 unrelated persons suffering from emotional or nervous 
8 diseases;


9  (b) all places where pregnant females are received, 
10 cared for, or
treated during delivery irrespective of the 
11 number of patients received.

12 The term "hospital" includes general and specialized 
13hospitals,
tuberculosis sanitaria, mental or psychiatric 
14hospitals and sanitaria, and
includes maternity homes, 
15lying-in homes, and homes for unwed mothers in
which care is 
16given during delivery.

17 The term "hospital" does not include:


18  (1) any person or institution
required to be licensed 
19 pursuant to the Nursing Home Care Act, the Specialized 
20 Mental Health Rehabilitation Act of 2013, the ID/DD 
21 Community Care Act, or the MC/DD Act;


22  (2) hospitalization or care facilities maintained by 
23 the State or any
department or agency thereof, where such 
24 department or agency has authority
under law to establish 
25 and enforce standards for the hospitalization or
care 
26 facilities under its management and control;


 
 
SB2834- 240 -LRB100 16078 KTG 33917 b


1  (3) hospitalization or care facilities maintained by 
2 the federal
government or agencies thereof;


3  (4) hospitalization or care facilities maintained by 
4 any university or
college established under the laws of 
5 this State and supported principally
by public funds raised 
6 by taxation;


7  (5) any person or facility required to be licensed 
8 pursuant to the
Substance Use Disorder Act; Alcoholism and 
9 Other Drug Abuse and Dependency Act;


10  (6) any facility operated solely by and for persons who 
11 rely
exclusively upon treatment by spiritual means through 
12 prayer, in accordance
with the creed or tenets of any 
13 well-recognized church or religious
denomination;


14  (7) an Alzheimer's disease management center 
15 alternative health care
model licensed under the 
16 Alternative Health Care Delivery Act; or

17  (8) any veterinary hospital or clinic operated by a 
18 veterinarian or veterinarians licensed under the 
19 Veterinary Medicine and Surgery Practice Act of 2004 or 
20 maintained by a State-supported or publicly funded 
21 university or college. 
22 (B) "Person" means the State, and any political subdivision 
23or municipal
corporation, individual, firm, partnership, 
24corporation, company,
association, or joint stock association, 
25or the legal successor thereof.

26 (C) "Department" means the Department of Public Health of 
 
 
SB2834- 241 -LRB100 16078 KTG 33917 b


1the State of
Illinois.

2 (D) "Director" means the Director of Public Health of
the 
3State of Illinois.

4 (E) "Perinatal" means the period of time
between the 
5conception of an
infant and the end of the first month after 
6birth.

7 (F) "Federally designated organ procurement agency" means 
8the organ
procurement agency designated by the Secretary of the 
9U.S. Department of Health
and Human Services for the service 
10area in which a hospital is located; except
that in the case of 
11a hospital located in a county adjacent to Wisconsin
which 
12currently contracts with an organ procurement agency located in 
13Wisconsin
that is not the organ procurement agency designated 
14by the U.S. Secretary of
Health and Human Services for the 
15service area in which the hospital is
located, if the hospital 
16applies for a waiver pursuant to 42 USC
1320b-8(a), it may 
17designate an organ procurement agency
located in Wisconsin to 
18be thereafter deemed its federally designated organ

19procurement agency for the purposes of this Act.

20 (G) "Tissue bank" means any facility or program operating 
21in Illinois
that is certified by the American Association of 
22Tissue Banks or the Eye Bank
Association of America and is 
23involved in procuring, furnishing, donating,
or distributing 
24corneas, bones, or other human tissue for the purpose of

25injecting, transfusing, or transplanting any of them into the 
26human body.
"Tissue bank" does not include a licensed blood 
 
 
SB2834- 242 -LRB100 16078 KTG 33917 b


1bank. For the purposes of this
Act, "tissue" does not include 
2organs.

3 (H) "Campus", as this terms applies to operations, has the 
4same meaning as the term "campus" as set forth in federal 
5Medicare regulations, 42 CFR 413.65. 
6(Source: P.A. 98-104, eff. 7-22-13; 99-180, eff. 7-29-15.)

7 Section 61. The Illinois Insurance Code is amended by 
8changing Section 367d.1 as follows:




9 (215 ILCS 5/367d.1) (from Ch. 73, par. 979d.1)



10 Sec. 367d.1. 
After the effective date of this amendatory 
11Act of 1992,
no group policy of accident and health insurance 
12that provides coverage for
the treatment of alcoholism or other 
13drug abuse or dependency on both an
inpatient and outpatient 
14basis may be issued, delivered or amended in this
State if it 
15excludes from coverage services provided by persons or entities

16licensed by the Department of Human Services to provide

17substance use disorder treatment alcoholism or drug abuse or 
18dependency services, provided however that (a)
the charges are 
19otherwise eligible for reimbursement under the policy and
(b) 
20the services provided are medically necessary and within the 
21scope of
the licensure of the provider. This Section shall not 
22apply to
arrangements, agreements or policies authorized under 
23the Health Care
Reimbursement Reform Act of 1985; the Limited

24Health Service Organization Act; or the
Health Maintenance 
 
 
SB2834- 243 -LRB100 16078 KTG 33917 b


1Organization Act.

2(Source: P.A. 89-507, eff. 7-1-97.)


3 Section 65. The Child Care Act of 1969 is amended by 
4changing Sections 3 and 8 as follows:




5 (225 ILCS 10/3) (from Ch. 23, par. 2213)



6 Sec. 3. 
(a) No person, group of persons or corporation may 
7operate or
conduct any facility for child care, as defined in 
8this Act, without a
license or permit issued by the Department 
9or without being approved by
the Department as meeting the 
10standards established for such licensing,
with the exception of 
11facilities for whom standards are established by the
Department 
12of Corrections under Section 3-15-2 of the Unified Code of

13Corrections and with the exception of facilities defined in 
14Section 2.10
of this Act, and with the exception of programs or 
15facilities licensed by
the Department of Human Services under 
16the Substance Use Disorder Act. Alcoholism
and Other Drug Abuse 
17and Dependency Act.

18 (b) No part day child care facility as described in Section 
192.10 may operate
without written notification to the Department 
20or without complying with
Section 7.1. Notification shall 
21include a notarized statement by the facility
that the facility 
22complies with state or local health standards and state
fire 
23safety standards, and shall be filed with the department every 
242 years.

 
 
SB2834- 244 -LRB100 16078 KTG 33917 b


1 (c) The Director of the Department shall establish policies 
2and coordinate
activities relating to child care licensing, 
3licensing of day care homes
and day care centers.

4 (d) Any facility or agency which is exempt from licensing 
5may apply for
licensing if licensing is required for some 
6government benefit.
7 (e) A provider of day care described in items (a) through 
8(j) of Section 2.09 of this Act is exempt from licensure. The 
9Department shall provide written verification of exemption and 
10description of compliance with standards for the health, 
11safety, and development of the children who receive the 
12services upon submission by the provider of, in addition to any 
13other documentation required by the Department, a notarized 
14statement that the facility complies with: (1) the standards of 
15the Department of Public Health or local health department, (2) 
16the fire safety standards of the State Fire Marshal, and (3) if 
17operated in a public school building, the health and safety 
18standards of the State Board of Education. 

19(Source: P.A. 99-699, eff. 7-29-16.)





20 (225 ILCS 10/8) (from Ch. 23, par. 2218)


21 Sec. 8. The Department may revoke or refuse to renew the 
22license of any
child care facility or child welfare agency or 
23refuse to issue full license to the holder of a permit
should 
24the licensee or holder of a permit:

25  (1) fail to maintain standards prescribed and 
 
 
SB2834- 245 -LRB100 16078 KTG 33917 b


1 published by the Department;

2  (2) violate any of the provisions of the license 
3 issued;

4  (3) furnish or make any misleading or any false 
5 statement or report to
the Department;

6  (4) refuse to submit to the Department any reports or 
7 refuse to make
available to the Department any records 
8 required by the Department in
making investigation of the 
9 facility for licensing purposes;

10  (5) fail or refuse to submit to an investigation by the 
11 Department;

12  (6) fail or refuse to admit authorized representatives 
13 of the Department
at any reasonable time for the purpose of 
14 investigation;

15  (7) fail to provide, maintain, equip and keep in safe 
16 and sanitary
condition premises established or used for 
17 child care as required under
standards prescribed by the 
18 Department, or as otherwise required by any
law, regulation 
19 or ordinance applicable to the location of such facility;

20  (8) refuse to display its license or permit;

21  (9) be the subject of an indicated report under Section 
22 3 of the Abused
and Neglected Child Reporting Act or fail 
23 to discharge or sever
affiliation with the child care 
24 facility of an employee or volunteer at the
facility with 
25 direct contact with children who is the subject of an 
26 indicated
report under Section 3 of that Act;

 
 
SB2834- 246 -LRB100 16078 KTG 33917 b


1  (10) fail to comply with the provisions of Section 7.1;

2  (11) fail to exercise reasonable care in the hiring, 
3 training and
supervision of facility personnel;

4  (12) fail to report suspected abuse or neglect of 
5 children within the
facility, as required by the Abused and 
6 Neglected Child Reporting Act;
7  (12.5) fail to comply with subsection (c-5) of Section 
8 7.4;


9  (13) fail to comply with Section 5.1 or 5.2 of this 
10 Act; or

11  (14) be identified in an investigation by the 
12 Department as a person with a substance use disorder, an 
13 addict or
alcoholic, as defined in the Substance Use 
14 Disorder Act, Alcoholism and Other Drug Abuse and 
15 Dependency
Act, or be a person whom the Department knows 
16 has abused alcohol or drugs,
and has not
successfully 
17 participated in treatment, self-help groups or other 
18 suitable
activities, and the Department determines that 
19 because of such abuse the
licensee, holder of the permit, 
20 or any other person directly responsible
for the care and 
21 welfare of the children served, does not comply with

22 standards relating to character, suitability or other 
23 qualifications
established under Section 7 of this Act.

24(Source: P.A. 94-586, eff. 8-15-05; 94-1010, eff. 10-1-06.)


25 Section 70. The Pharmacy Practice Act is amended by 
 
 
SB2834- 247 -LRB100 16078 KTG 33917 b


1changing Section 19.1 as follows:

2 (225 ILCS 85/19.1)
3 (Section scheduled to be repealed on January 1, 2020)
4 Sec. 19.1. Dispensing opioid antagonists. 
5 (a) Due to the recent rise in opioid-related deaths in

6Illinois and the existence of an opioid antagonist that can

7reverse the deadly effects of overdose, the General Assembly

8finds that in order to avoid further loss where possible, it is

9responsible to allow greater access of such an antagonist to

10those populations at risk of overdose.
11 (b) Notwithstanding any general or special law to the

12contrary, a licensed pharmacist may dispense an opioid 
13antagonist
in accordance with written, standardized procedures 
14or
protocols developed by the Department with the Department of

15Public Health and the Department of Human Services if the

16procedures or protocols are filed at the pharmacy before

17implementation and are available to the Department upon

18request.
19 (c) Before dispensing an opioid antagonist pursuant to this

20Section, a pharmacist shall complete a training program

21approved by the Department of Human Services pursuant to

22Section 5-23 of the Substance Use Disorder Act Alcoholism and 
23Other Drug Abuse and
Dependency Act. The training program shall 
24include, but not be
limited to, proper documentation and 
25quality assurance.
 
 
SB2834- 248 -LRB100 16078 KTG 33917 b


1 (d) For the purpose of this Section, "opioid antagonist" 
2means a drug that binds to opioid receptors and blocks or 
3inhibits the effect of opioids acting on those receptors, 
4including, but not limited to, naloxone hydrochloride or any 
5other similarly acting and equally safe drug approved by the 
6U.S. Food and Drug Administration for the treatment of drug 
7overdose.

8(Source: P.A. 99-480, eff. 9-9-15; 99-642, eff. 7-28-16.)

9 Section 75. The Illinois Public Aid Code is amended by 
10changing Sections 4-8, 4-9, 5-5, 6-1.3, 6-11, 9-9, and 9A-8 as 
11follows:




12 (305 ILCS 5/4-8) (from Ch. 23, par. 4-8)



13 Sec. 4-8. Mismanagement of assistance grant. 

14 (a) If the County Department has
reason to believe that the 
15money payment for basic maintenance is not being
used, or may 
16not be used, in the best interests of the child and the family

17and that there is present or potential damage to the standards 
18of health
and well-being that the grant is intended to assure, 
19the County Department
shall provide the parent or other 
20relative with the counseling and guidance
services with respect 
21to the use of the grant and the management of other
funds 
22available to the family as may be required to assure use of the 
23grant
in the best interests of the child and family. The 
24Illinois Department
shall by rule
prescribe criteria which 
 
 
SB2834- 249 -LRB100 16078 KTG 33917 b


1shall constitute evidence of grant mismanagement.
The criteria 
2shall include but not be limited to the following:


3  (1) A determination that a child in the assistance unit 
4 is not
receiving proper and necessary support or other care 
5 for which assistance
is being provided under this Code.


6  (2) A record establishing that the parent or relative 
7 has been found
guilty of public assistance fraud under 
8 Article VIIIA.


9  (3) A determination by an appropriate person, entity, 
10 or agency that
the parent or other relative requires 
11 treatment for substance use disorders alcohol or substance

12 abuse, mental health services, or other special care or 
13 treatment.

14 The Department shall at least consider non-payment of rent 
15for two
consecutive months as evidence of grant mismanagement 
16by a parent or
relative of a recipient who is responsible for 
17making rental payments for
the housing or shelter of the child 
18or family, unless the Department
determines that the 
19non-payment is necessary for the protection of the
health and 
20well-being of the recipient. The County Department shall advise

21the parent or other relative grantee that continued 
22mismanagement will
result in the application of one of the 
23sanctions specified in this Section.

24 The Illinois Department shall consider irregular school 
25attendance by
children of school age grades 1 through 8, as 
26evidence of lack of
proper and necessary support or care. The 
 
 
SB2834- 250 -LRB100 16078 KTG 33917 b


1Department may extend this
consideration to children in grades 
2higher than 8.

3 The Illinois Department shall develop preventive programs 
4in collaboration
with school and social service networks to 
5encourage school
attendance of children receiving assistance 
6under Article IV. To the extent
that Illinois Department and 
7community resources are available, the programs
shall serve 
8families whose children in grades 1 through 8 are not attending

9school regularly, as defined by the school. The Department may 
10extend these
programs to families whose children are in grades 
11higher than 8. The
programs shall include referrals from the 
12school to a social service network,
assessment and development 
13of a service plan by one or more network
representatives, and 
14the Illinois Department's encouragement of the family to
follow 
15through with the service plan. Families that fail to follow the 
16service
plan as determined by the service provider, shall be 
17subject to the protective
payment provisions of this Section 
18and Section 4-9 of this
Code.

19 Families for whom a protective payment plan has been in 
20effect for at least
3 months and whose school children continue 
21to regularly miss school shall be
subject to sanction under 
22Section 4-21. The sanction shall continue until the
children 
23demonstrate satisfactory attendance, as defined by the school. 
24To the
extent necessary to implement this Section, the Illinois 
25Department shall seek
appropriate waivers of federal 
26requirements from the U.S. Department of Health
and Human 
 
 
SB2834- 251 -LRB100 16078 KTG 33917 b


1Services.

2 (b) In areas of the State where clinically appropriate 
3substance use disorder substance abuse
treatment capacity is 
4available, if the local office has reason to believe
that
a 
5caretaker relative is experiencing a substance use disorder 
6substance abuse, the local office shall
refer the caretaker 
7relative to a licensed treatment provider for assessment.
If 
8the assessment indicates that the caretaker relative is 
9experiencing
a substance use disorder substance abuse, the 
10local office shall require the caretaker relative to
comply 
11with all treatment recommended by the assessment. If the 
12caretaker
relative refuses without good cause, as determined by 
13rules of the Illinois
Department, to submit to the assessment 
14or treatment, the caretaker relative
shall be ineligible for 
15assistance, and the local office shall take one or more
of the 
16following actions:


17  (i) If there is another family member or friend who is 
18 ensuring that the
family's needs are being met, that 
19 person, if willing, shall be assigned as
protective payee.


20  (ii) If there is no family member or close friend to 
21 serve as protective
payee, the local office shall provide 
22 for a protective payment to a
substitute payee as provided 
23 in Section 4-9. The Department also shall
determine whether 
24 a referral to the Department of
Children and Family 
25 Services is warranted and, if appropriate, shall
make the 
26 referral.


 
 
SB2834- 252 -LRB100 16078 KTG 33917 b


1  (iii) The Department shall contact the individual who 
2 is thought to be
experiencing a substance use disorder 
3 substance abuse and explain why the protective payee has 
4 been
assigned and refer the individual to treatment.

5 (c) This subsection (c) applies to cases other than those 
6described in
subsection (b). If the efforts to correct the 
7mismanagement of the grant
have failed, the County Department, 
8in accordance with the rules and
regulations of the Illinois 
9Department, shall initiate one or more of the
following 
10actions:


11  1. Provide for a protective payment to a substitute 
12 payee, as
provided in Section 4-9. This action may be 
13 initiated for any
assistance unit containing a child 
14 determined to be neglected by the
Department of Children 
15 and Family Services under the Abused and Neglected
Child 
16 Reporting Act, and in any case involving
a record of public 
17 assistance fraud.


18  2. Provide for issuance of all or part of the grant in 
19 the form of
disbursing orders. This action may be initiated 
20 in any case involving
a record of public assistance fraud, 
21 or upon the request of a substitute
payee designated under 
22 Section 4-9.


23  3. File a petition under the Juvenile Court Act of 1987 
24 for an Order
of Protection under Section 2-25, 2-26, 3-26, 
25 3-27,
4-23, 4-24, 5-730, or 5-735 of that Act.


26  4. Institute a proceeding under the Juvenile Court Act 
 
 
SB2834- 253 -LRB100 16078 KTG 33917 b


1 of 1987 for the
appointment of a guardian or legal 
2 representative for the purpose of
receiving and managing 
3 the public aid grant.


4  5. If the mismanagement of the grant, together with 
5 other factors, has
rendered the home unsuitable for the 
6 best welfare of the child,
file a neglect petition under 
7 the Juvenile Court Act of 1987,
requesting the removal of 
8 the child or children.

9(Source: P.A. 91-357, eff. 7-29-99; 92-111, eff. 1-1-02.)





10 (305 ILCS 5/4-9) (from Ch. 23, par. 4-9)



11 Sec. 4-9. Protective payment to substitute payee. If the 
12parent or other
grantee relative persistently mismanages the 
13grant to the detriment of the
child and the family but there is 
14reason to believe that, with specialized
counseling and 
15guidance services, the parent or relative may develop
ability 
16to manage the funds properly, the County Department, in 
17accordance
with the rules and regulations of the Illinois 
18Department, may designate a
person who is interested in or 
19concerned with the welfare of the child and
its family to 
20receive the aid payment on behalf of the family. The County

21Department may designate private welfare or social service 
22agencies to
serve as substitute payees in appropriate cases.

23 The substitute payee shall serve without compensation and 
24assume the
obligation of seeing that the aid payment is 
25expended for the benefit of
the child and the family. He may 
 
 
SB2834- 254 -LRB100 16078 KTG 33917 b


1spend the grant for the family, or
supervise the parent or 
2other relative in the use of the grant, depending
upon the 
3circumstances in each case, and shall make monthly reports to

4the County Department as the County Department and the Illinois 
5Department
may require.

6 The County Department shall terminate the protective 
7payment when it is
no longer necessary to assure that the grant 
8is being used for the welfare
of the child and family, or when 
9the parent or other relative is no
longer receiving and no 
10longer requires treatment for substance use disorders alcohol 
11or substance
abuse, mental health services, or other special 
12care or treatment.

13 A substitute payee may be removed, in accordance with the 
14rules and
regulations of the Illinois Department, for 
15unsatisfactory service. The
removal may be effected without 
16hearing. The decision shall not be
appealable to the Illinois 
17Department nor shall it be reviewable in the courts.

18 The County Department shall conduct periodic reviews as may 
19be
required by the Illinois Department to determine whether 
20there is a
continuing need for a protective payment. If it 
21appears that the need for
the payment is likely to continue 
22beyond a reasonable period,
the County Department shall take 
23one of the other actions set out in
Section 4-8.

24 The parent or other relative shall be advised, in advance 
25of a
determination to make a protective payment, that he may 
26appeal the decision
to the Illinois Department under the 
 
 
SB2834- 255 -LRB100 16078 KTG 33917 b


1provisions of Section 11-8 of Article
XI.

2(Source: P.A. 87-528; 87-895.)




3 (305 ILCS 5/5-5) (from Ch. 23, par. 5-5)


4 Sec. 5-5. Medical services.  The Illinois Department, by 
5rule, shall
determine the quantity and quality of and the rate 
6of reimbursement for the
medical assistance for which
payment 
7will be authorized, and the medical services to be provided,

8which may include all or part of the following: (1) inpatient 
9hospital
services; (2) outpatient hospital services; (3) other 
10laboratory and
X-ray services; (4) skilled nursing home 
11services; (5) physicians'
services whether furnished in the 
12office, the patient's home, a
hospital, a skilled nursing home, 
13or elsewhere; (6) medical care, or any
other type of remedial 
14care furnished by licensed practitioners; (7)
home health care 
15services; (8) private duty nursing service; (9) clinic

16services; (10) dental services, including prevention and 
17treatment of periodontal disease and dental caries disease for 
18pregnant women, provided by an individual licensed to practice 
19dentistry or dental surgery; for purposes of this item (10), 
20"dental services" means diagnostic, preventive, or corrective 
21procedures provided by or under the supervision of a dentist in 
22the practice of his or her profession; (11) physical therapy 
23and related
services; (12) prescribed drugs, dentures, and 
24prosthetic devices; and
eyeglasses prescribed by a physician 
25skilled in the diseases of the eye,
or by an optometrist, 
 
 
SB2834- 256 -LRB100 16078 KTG 33917 b


1whichever the person may select; (13) other
diagnostic, 
2screening, preventive, and rehabilitative services, including 
3to ensure that the individual's need for intervention or 
4treatment of mental disorders or substance use disorders or 
5co-occurring mental health and substance use disorders is 
6determined using a uniform screening, assessment, and 
7evaluation process inclusive of criteria, for children and 
8adults; for purposes of this item (13), a uniform screening, 
9assessment, and evaluation process refers to a process that 
10includes an appropriate evaluation and, as warranted, a 
11referral; "uniform" does not mean the use of a singular 
12instrument, tool, or process that all must utilize; (14)

13transportation and such other expenses as may be necessary; 
14(15) medical
treatment of sexual assault survivors, as defined 
15in
Section 1a of the Sexual Assault Survivors Emergency 
16Treatment Act, for
injuries sustained as a result of the sexual 
17assault, including
examinations and laboratory tests to 
18discover evidence which may be used in
criminal proceedings 
19arising from the sexual assault; (16) the
diagnosis and 
20treatment of sickle cell anemia; and (17)
any other medical 
21care, and any other type of remedial care recognized
under the 
22laws of this State. The term "any other type of remedial care" 
23shall
include nursing care and nursing home service for persons 
24who rely on
treatment by spiritual means alone through prayer 
25for healing.


26 Notwithstanding any other provision of this Section, a 
 
 
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1comprehensive
tobacco use cessation program that includes 
2purchasing prescription drugs or
prescription medical devices 
3approved by the Food and Drug Administration shall
be covered 
4under the medical assistance
program under this Article for 
5persons who are otherwise eligible for
assistance under this 
6Article.


7 Notwithstanding any other provision of this Code, 
8reproductive health care that is otherwise legal in Illinois 
9shall be covered under the medical assistance program for 
10persons who are otherwise eligible for medical assistance under 
11this Article. 
12 Notwithstanding any other provision of this Code, the 
13Illinois
Department may not require, as a condition of payment 
14for any laboratory
test authorized under this Article, that a 
15physician's handwritten signature
appear on the laboratory 
16test order form. The Illinois Department may,
however, impose 
17other appropriate requirements regarding laboratory test
order 
18documentation.


19 Upon receipt of federal approval of an amendment to the 
20Illinois Title XIX State Plan for this purpose, the Department 
21shall authorize the Chicago Public Schools (CPS) to procure a 
22vendor or vendors to manufacture eyeglasses for individuals 
23enrolled in a school within the CPS system. CPS shall ensure 
24that its vendor or vendors are enrolled as providers in the 
25medical assistance program and in any capitated Medicaid 
26managed care entity (MCE) serving individuals enrolled in a 
 
 
SB2834- 258 -LRB100 16078 KTG 33917 b


1school within the CPS system. Under any contract procured under 
2this provision, the vendor or vendors must serve only 
3individuals enrolled in a school within the CPS system. Claims 
4for services provided by CPS's vendor or vendors to recipients 
5of benefits in the medical assistance program under this Code, 
6the Children's Health Insurance Program, or the Covering ALL 
7KIDS Health Insurance Program shall be submitted to the 
8Department or the MCE in which the individual is enrolled for 
9payment and shall be reimbursed at the Department's or the 
10MCE's established rates or rate methodologies for eyeglasses. 
11 On and after July 1, 2012, the Department of Healthcare and 
12Family Services may provide the following services to
persons

13eligible for assistance under this Article who are 
14participating in
education, training or employment programs 
15operated by the Department of Human
Services as successor to 
16the Department of Public Aid:

17  (1) dental services provided by or under the 
18 supervision of a dentist; and


19  (2) eyeglasses prescribed by a physician skilled in the 
20 diseases of the
eye, or by an optometrist, whichever the 
21 person may select.


22 Notwithstanding any other provision of this Code and 
23subject to federal approval, the Department may adopt rules to 
24allow a dentist who is volunteering his or her service at no 
25cost to render dental services through an enrolled 
26not-for-profit health clinic without the dentist personally 
 
 
SB2834- 259 -LRB100 16078 KTG 33917 b


1enrolling as a participating provider in the medical assistance 
2program. A not-for-profit health clinic shall include a public 
3health clinic or Federally Qualified Health Center or other 
4enrolled provider, as determined by the Department, through 
5which dental services covered under this Section are performed. 
6The Department shall establish a process for payment of claims 
7for reimbursement for covered dental services rendered under 
8this provision. 
9 The Illinois Department, by rule, may distinguish and 
10classify the
medical services to be provided only in accordance 
11with the classes of
persons designated in Section 5-2.


12 The Department of Healthcare and Family Services must 
13provide coverage and reimbursement for amino acid-based 
14elemental formulas, regardless of delivery method, for the 
15diagnosis and treatment of (i) eosinophilic disorders and (ii) 
16short bowel syndrome when the prescribing physician has issued 
17a written order stating that the amino acid-based elemental 
18formula is medically necessary.

19 The Illinois Department shall authorize the provision of, 
20and shall
authorize payment for, screening by low-dose 
21mammography for the presence of
occult breast cancer for women 
2235 years of age or older who are eligible
for medical 
23assistance under this Article, as follows:
24  (A) A baseline
mammogram for women 35 to 39 years of 
25 age.

26  (B) An annual mammogram for women 40 years of age or 
 
 
SB2834- 260 -LRB100 16078 KTG 33917 b


1 older.
2  (C) A mammogram at the age and intervals considered 
3 medically necessary by the woman's health care provider for 
4 women under 40 years of age and having a family history of 
5 breast cancer, prior personal history of breast cancer, 
6 positive genetic testing, or other risk factors.
7  (D) A comprehensive ultrasound screening and MRI of an 
8 entire breast or breasts if a mammogram demonstrates 
9 heterogeneous or dense breast tissue, when medically 
10 necessary as determined by a physician licensed to practice 
11 medicine in all of its branches. 
12  (E) A screening MRI when medically necessary, as 
13 determined by a physician licensed to practice medicine in 
14 all of its branches. 
15 All screenings
shall
include a physical breast exam, 
16instruction on self-examination and
information regarding the 
17frequency of self-examination and its value as a
preventative 
18tool. For purposes of this Section, "low-dose mammography" 
19means
the x-ray examination of the breast using equipment 
20dedicated specifically
for mammography, including the x-ray 
21tube, filter, compression device,
and image receptor, with an 
22average radiation exposure delivery
of less than one rad per 
23breast for 2 views of an average size breast.
The term also 
24includes digital mammography and includes breast 
25tomosynthesis. As used in this Section, the term "breast 
26tomosynthesis" means a radiologic procedure that involves the 
 
 
SB2834- 261 -LRB100 16078 KTG 33917 b


1acquisition of projection images over the stationary breast to 
2produce cross-sectional digital three-dimensional images of 
3the breast. If, at any time, the Secretary of the United States 
4Department of Health and Human Services, or its successor 
5agency, promulgates rules or regulations to be published in the 
6Federal Register or publishes a comment in the Federal Register 
7or issues an opinion, guidance, or other action that would 
8require the State, pursuant to any provision of the Patient 
9Protection and Affordable Care Act (Public Law 111-148), 
10including, but not limited to, 42 U.S.C. 18031(d)(3)(B) or any 
11successor provision, to defray the cost of any coverage for 
12breast tomosynthesis outlined in this paragraph, then the 
13requirement that an insurer cover breast tomosynthesis is 
14inoperative other than any such coverage authorized under 
15Section 1902 of the Social Security Act, 42 U.S.C. 1396a, and 
16the State shall not assume any obligation for the cost of 
17coverage for breast tomosynthesis set forth in this paragraph.

18 On and after January 1, 2016, the Department shall ensure 
19that all networks of care for adult clients of the Department 
20include access to at least one breast imaging Center of Imaging 
21Excellence as certified by the American College of Radiology.
22 On and after January 1, 2012, providers participating in a 
23quality improvement program approved by the Department shall be 
24reimbursed for screening and diagnostic mammography at the same 
25rate as the Medicare program's rates, including the increased 
26reimbursement for digital mammography.
 
 
SB2834- 262 -LRB100 16078 KTG 33917 b


1 The Department shall convene an expert panel including 
2representatives of hospitals, free-standing mammography 
3facilities, and doctors, including radiologists, to establish 
4quality standards for mammography.
5 On and after January 1, 2017, providers participating in a 
6breast cancer treatment quality improvement program approved 
7by the Department shall be reimbursed for breast cancer 
8treatment at a rate that is no lower than 95% of the Medicare 
9program's rates for the data elements included in the breast 
10cancer treatment quality program.
11 The Department shall convene an expert panel, including 
12representatives of hospitals, free standing breast cancer 
13treatment centers, breast cancer quality organizations, and 
14doctors, including breast surgeons, reconstructive breast 
15surgeons, oncologists, and primary care providers to establish 
16quality standards for breast cancer treatment.
17 Subject to federal approval, the Department shall 
18establish a rate methodology for mammography at federally 
19qualified health centers and other encounter-rate clinics. 
20These clinics or centers may also collaborate with other 
21hospital-based mammography facilities. By January 1, 2016, the 
22Department shall report to the General Assembly on the status 
23of the provision set forth in this paragraph.
24 The Department shall establish a methodology to remind 
25women who are age-appropriate for screening mammography, but 
26who have not received a mammogram within the previous 18 
 
 
SB2834- 263 -LRB100 16078 KTG 33917 b


1months, of the importance and benefit of screening mammography. 
2The Department shall work with experts in breast cancer 
3outreach and patient navigation to optimize these reminders and 
4shall establish a methodology for evaluating their 
5effectiveness and modifying the methodology based on the 
6evaluation.
7 The Department shall establish a performance goal for 
8primary care providers with respect to their female patients 
9over age 40 receiving an annual mammogram. This performance 
10goal shall be used to provide additional reimbursement in the 
11form of a quality performance bonus to primary care providers 
12who meet that goal.
13 The Department shall devise a means of case-managing or 
14patient navigation for beneficiaries diagnosed with breast 
15cancer. This program shall initially operate as a pilot program 
16in areas of the State with the highest incidence of mortality 
17related to breast cancer. At least one pilot program site shall 
18be in the metropolitan Chicago area and at least one site shall 
19be outside the metropolitan Chicago area. On or after July 1, 
202016, the pilot program shall be expanded to include one site 
21in western Illinois, one site in southern Illinois, one site in 
22central Illinois, and 4 sites within metropolitan Chicago. An 
23evaluation of the pilot program shall be carried out measuring 
24health outcomes and cost of care for those served by the pilot 
25program compared to similarly situated patients who are not 
26served by the pilot program. 
 
 
SB2834- 264 -LRB100 16078 KTG 33917 b


1 The Department shall require all networks of care to 
2develop a means either internally or by contract with experts 
3in navigation and community outreach to navigate cancer 
4patients to comprehensive care in a timely fashion. The 
5Department shall require all networks of care to include access 
6for patients diagnosed with cancer to at least one academic 
7commission on cancer-accredited cancer program as an 
8in-network covered benefit.
9 Any medical or health care provider shall immediately 
10recommend, to
any pregnant woman who is being provided prenatal 
11services and is suspected
of having a substance use disorder as 
12defined in the Substance Use Disorder Act drug abuse or is 
13addicted as defined in the Alcoholism and Other Drug Abuse
and 
14Dependency Act, referral to a local substance use disorder 
15treatment program substance abuse treatment provider
licensed 
16by the Department of Human Services or to a licensed
hospital 
17which provides substance abuse treatment services. The 
18Department of Healthcare and Family Services
shall assure 
19coverage for the cost of treatment of the drug abuse or

20addiction for pregnant recipients in accordance with the 
21Illinois Medicaid
Program in conjunction with the Department of 
22Human Services.


23 All medical providers providing medical assistance to 
24pregnant women
under this Code shall receive information from 
25the Department on the
availability of services under the Drug 
26Free Families with a Future or any
comparable program providing 
 
 
SB2834- 265 -LRB100 16078 KTG 33917 b


1case management services for addicted women,
including 
2information on appropriate referrals for other social services

3that may be needed by addicted women in addition to treatment 
4for addiction.


5 The Illinois Department, in cooperation with the 
6Departments of Human
Services (as successor to the Department 
7of Alcoholism and Substance
Abuse) and Public Health, through a 
8public awareness campaign, may
provide information concerning 
9treatment for alcoholism and drug abuse and
addiction, prenatal 
10health care, and other pertinent programs directed at
reducing 
11the number of drug-affected infants born to recipients of 
12medical
assistance.


13 Neither the Department of Healthcare and Family Services 
14nor the Department of Human
Services shall sanction the 
15recipient solely on the basis of
her substance abuse.


16 The Illinois Department shall establish such regulations 
17governing
the dispensing of health services under this Article 
18as it shall deem
appropriate. The Department
should
seek the 
19advice of formal professional advisory committees appointed by

20the Director of the Illinois Department for the purpose of 
21providing regular
advice on policy and administrative matters, 
22information dissemination and
educational activities for 
23medical and health care providers, and
consistency in 
24procedures to the Illinois Department.


25 The Illinois Department may develop and contract with 
26Partnerships of
medical providers to arrange medical services 
 
 
SB2834- 266 -LRB100 16078 KTG 33917 b


1for persons eligible under
Section 5-2 of this Code. 
2Implementation of this Section may be by
demonstration projects 
3in certain geographic areas. The Partnership shall
be 
4represented by a sponsor organization. The Department, by rule, 
5shall
develop qualifications for sponsors of Partnerships. 
6Nothing in this
Section shall be construed to require that the 
7sponsor organization be a
medical organization.


8 The sponsor must negotiate formal written contracts with 
9medical
providers for physician services, inpatient and 
10outpatient hospital care,
home health services, treatment for 
11alcoholism and substance abuse, and
other services determined 
12necessary by the Illinois Department by rule for
delivery by 
13Partnerships. Physician services must include prenatal and

14obstetrical care. The Illinois Department shall reimburse 
15medical services
delivered by Partnership providers to clients 
16in target areas according to
provisions of this Article and the 
17Illinois Health Finance Reform Act,
except that:


18  (1) Physicians participating in a Partnership and 
19 providing certain
services, which shall be determined by 
20 the Illinois Department, to persons
in areas covered by the 
21 Partnership may receive an additional surcharge
for such 
22 services.


23  (2) The Department may elect to consider and negotiate 
24 financial
incentives to encourage the development of 
25 Partnerships and the efficient
delivery of medical care.


26  (3) Persons receiving medical services through 
 
 
SB2834- 267 -LRB100 16078 KTG 33917 b


1 Partnerships may receive
medical and case management 
2 services above the level usually offered
through the 
3 medical assistance program.


4 Medical providers shall be required to meet certain 
5qualifications to
participate in Partnerships to ensure the 
6delivery of high quality medical
services. These 
7qualifications shall be determined by rule of the Illinois

8Department and may be higher than qualifications for 
9participation in the
medical assistance program. Partnership 
10sponsors may prescribe reasonable
additional qualifications 
11for participation by medical providers, only with
the prior 
12written approval of the Illinois Department.


13 Nothing in this Section shall limit the free choice of 
14practitioners,
hospitals, and other providers of medical 
15services by clients.
In order to ensure patient freedom of 
16choice, the Illinois Department shall
immediately promulgate 
17all rules and take all other necessary actions so that
provided 
18services may be accessed from therapeutically certified 
19optometrists
to the full extent of the Illinois Optometric 
20Practice Act of 1987 without
discriminating between service 
21providers.


22 The Department shall apply for a waiver from the United 
23States Health
Care Financing Administration to allow for the 
24implementation of
Partnerships under this Section.


25 The Illinois Department shall require health care 
26providers to maintain
records that document the medical care 
 
 
SB2834- 268 -LRB100 16078 KTG 33917 b


1and services provided to recipients
of Medical Assistance under 
2this Article. Such records must be retained for a period of not 
3less than 6 years from the date of service or as provided by 
4applicable State law, whichever period is longer, except that 
5if an audit is initiated within the required retention period 
6then the records must be retained until the audit is completed 
7and every exception is resolved. The Illinois Department shall

8require health care providers to make available, when 
9authorized by the
patient, in writing, the medical records in a 
10timely fashion to other
health care providers who are treating 
11or serving persons eligible for
Medical Assistance under this 
12Article. All dispensers of medical services
shall be required 
13to maintain and retain business and professional records

14sufficient to fully and accurately document the nature, scope, 
15details and
receipt of the health care provided to persons 
16eligible for medical
assistance under this Code, in accordance 
17with regulations promulgated by
the Illinois Department. The 
18rules and regulations shall require that proof
of the receipt 
19of prescription drugs, dentures, prosthetic devices and

20eyeglasses by eligible persons under this Section accompany 
21each claim
for reimbursement submitted by the dispenser of such 
22medical services.
No such claims for reimbursement shall be 
23approved for payment by the Illinois
Department without such 
24proof of receipt, unless the Illinois Department
shall have put 
25into effect and shall be operating a system of post-payment

26audit and review which shall, on a sampling basis, be deemed 
 
 
SB2834- 269 -LRB100 16078 KTG 33917 b


1adequate by
the Illinois Department to assure that such drugs, 
2dentures, prosthetic
devices and eyeglasses for which payment 
3is being made are actually being
received by eligible 
4recipients. Within 90 days after September 16, 1984 (the 
5effective date of Public Act 83-1439), the Illinois Department 
6shall establish a
current list of acquisition costs for all 
7prosthetic devices and any
other items recognized as medical 
8equipment and supplies reimbursable under
this Article and 
9shall update such list on a quarterly basis, except that
the 
10acquisition costs of all prescription drugs shall be updated no

11less frequently than every 30 days as required by Section 
125-5.12.


13 Notwithstanding any other law to the contrary, the Illinois 
14Department shall, within 365 days after July 22, 2013 (the 
15effective date of Public Act 98-104), establish procedures to 
16permit skilled care facilities licensed under the Nursing Home 
17Care Act to submit monthly billing claims for reimbursement 
18purposes. Following development of these procedures, the 
19Department shall, by July 1, 2016, test the viability of the 
20new system and implement any necessary operational or 
21structural changes to its information technology platforms in 
22order to allow for the direct acceptance and payment of nursing 
23home claims. 
24 Notwithstanding any other law to the contrary, the Illinois 
25Department shall, within 365 days after August 15, 2014 (the 
26effective date of Public Act 98-963), establish procedures to 
 
 
SB2834- 270 -LRB100 16078 KTG 33917 b


1permit ID/DD facilities licensed under the ID/DD Community Care 
2Act and MC/DD facilities licensed under the MC/DD Act to submit 
3monthly billing claims for reimbursement purposes. Following 
4development of these procedures, the Department shall have an 
5additional 365 days to test the viability of the new system and 
6to ensure that any necessary operational or structural changes 
7to its information technology platforms are implemented. 
8 The Illinois Department shall require all dispensers of 
9medical
services, other than an individual practitioner or 
10group of practitioners,
desiring to participate in the Medical 
11Assistance program
established under this Article to disclose 
12all financial, beneficial,
ownership, equity, surety or other 
13interests in any and all firms,
corporations, partnerships, 
14associations, business enterprises, joint
ventures, agencies, 
15institutions or other legal entities providing any
form of 
16health care services in this State under this Article.


17 The Illinois Department may require that all dispensers of 
18medical
services desiring to participate in the medical 
19assistance program
established under this Article disclose, 
20under such terms and conditions as
the Illinois Department may 
21by rule establish, all inquiries from clients
and attorneys 
22regarding medical bills paid by the Illinois Department, which

23inquiries could indicate potential existence of claims or liens 
24for the
Illinois Department.


25 Enrollment of a vendor
shall be
subject to a provisional 
26period and shall be conditional for one year. During the period 
 
 
SB2834- 271 -LRB100 16078 KTG 33917 b


1of conditional enrollment, the Department may
terminate the 
2vendor's eligibility to participate in, or may disenroll the 
3vendor from, the medical assistance
program without cause. 
4Unless otherwise specified, such termination of eligibility or 
5disenrollment is not subject to the
Department's hearing 
6process.
However, a disenrolled vendor may reapply without 
7penalty. 

8 The Department has the discretion to limit the conditional 
9enrollment period for vendors based upon category of risk of 
10the vendor.
11 Prior to enrollment and during the conditional enrollment 
12period in the medical assistance program, all vendors shall be 
13subject to enhanced oversight, screening, and review based on 
14the risk of fraud, waste, and abuse that is posed by the 
15category of risk of the vendor. The Illinois Department shall 
16establish the procedures for oversight, screening, and review, 
17which may include, but need not be limited to: criminal and 
18financial background checks; fingerprinting; license, 
19certification, and authorization verifications; unscheduled or 
20unannounced site visits; database checks; prepayment audit 
21reviews; audits; payment caps; payment suspensions; and other 
22screening as required by federal or State law.
23 The Department shall define or specify the following: (i) 
24by provider notice, the "category of risk of the vendor" for 
25each type of vendor, which shall take into account the level of 
26screening applicable to a particular category of vendor under 
 
 
SB2834- 272 -LRB100 16078 KTG 33917 b


1federal law and regulations; (ii) by rule or provider notice, 
2the maximum length of the conditional enrollment period for 
3each category of risk of the vendor; and (iii) by rule, the 
4hearing rights, if any, afforded to a vendor in each category 
5of risk of the vendor that is terminated or disenrolled during 
6the conditional enrollment period. 
7 To be eligible for payment consideration, a vendor's 
8payment claim or bill, either as an initial claim or as a 
9resubmitted claim following prior rejection, must be received 
10by the Illinois Department, or its fiscal intermediary, no 
11later than 180 days after the latest date on the claim on which 
12medical goods or services were provided, with the following 
13exceptions:
14  (1) In the case of a provider whose enrollment is in 
15 process by the Illinois Department, the 180-day period 
16 shall not begin until the date on the written notice from 
17 the Illinois Department that the provider enrollment is 
18 complete.
19  (2) In the case of errors attributable to the Illinois 
20 Department or any of its claims processing intermediaries 
21 which result in an inability to receive, process, or 
22 adjudicate a claim, the 180-day period shall not begin 
23 until the provider has been notified of the error.
24  (3) In the case of a provider for whom the Illinois 
25 Department initiates the monthly billing process.
26  (4) In the case of a provider operated by a unit of 
 
 
SB2834- 273 -LRB100 16078 KTG 33917 b


1 local government with a population exceeding 3,000,000 
2 when local government funds finance federal participation 
3 for claims payments. 
4 For claims for services rendered during a period for which 
5a recipient received retroactive eligibility, claims must be 
6filed within 180 days after the Department determines the 
7applicant is eligible. For claims for which the Illinois 
8Department is not the primary payer, claims must be submitted 
9to the Illinois Department within 180 days after the final 
10adjudication by the primary payer.
11 In the case of long term care facilities, within 45 
12calendar days of receipt by the facility of required 
13prescreening information, new admissions with associated 
14admission documents shall be submitted through the Medical 
15Electronic Data Interchange (MEDI) or the Recipient 
16Eligibility Verification (REV) System or shall be submitted 
17directly to the Department of Human Services using required 
18admission forms. Effective September
1, 2014, admission 
19documents, including all prescreening
information, must be 
20submitted through MEDI or REV. Confirmation numbers assigned to 
21an accepted transaction shall be retained by a facility to 
22verify timely submittal. Once an admission transaction has been 
23completed, all resubmitted claims following prior rejection 
24are subject to receipt no later than 180 days after the 
25admission transaction has been completed.
26 Claims that are not submitted and received in compliance 
 
 
SB2834- 274 -LRB100 16078 KTG 33917 b


1with the foregoing requirements shall not be eligible for 
2payment under the medical assistance program, and the State 
3shall have no liability for payment of those claims.
4 To the extent consistent with applicable information and 
5privacy, security, and disclosure laws, State and federal 
6agencies and departments shall provide the Illinois Department 
7access to confidential and other information and data necessary 
8to perform eligibility and payment verifications and other 
9Illinois Department functions. This includes, but is not 
10limited to: information pertaining to licensure; 
11certification; earnings; immigration status; citizenship; wage 
12reporting; unearned and earned income; pension income; 
13employment; supplemental security income; social security 
14numbers; National Provider Identifier (NPI) numbers; the 
15National Practitioner Data Bank (NPDB); program and agency 
16exclusions; taxpayer identification numbers; tax delinquency; 
17corporate information; and death records.
18 The Illinois Department shall enter into agreements with 
19State agencies and departments, and is authorized to enter into 
20agreements with federal agencies and departments, under which 
21such agencies and departments shall share data necessary for 
22medical assistance program integrity functions and oversight. 
23The Illinois Department shall develop, in cooperation with 
24other State departments and agencies, and in compliance with 
25applicable federal laws and regulations, appropriate and 
26effective methods to share such data. At a minimum, and to the 
 
 
SB2834- 275 -LRB100 16078 KTG 33917 b


1extent necessary to provide data sharing, the Illinois 
2Department shall enter into agreements with State agencies and 
3departments, and is authorized to enter into agreements with 
4federal agencies and departments, including but not limited to: 
5the Secretary of State; the Department of Revenue; the 
6Department of Public Health; the Department of Human Services; 
7and the Department of Financial and Professional Regulation.
8 Beginning in fiscal year 2013, the Illinois Department 
9shall set forth a request for information to identify the 
10benefits of a pre-payment, post-adjudication, and post-edit 
11claims system with the goals of streamlining claims processing 
12and provider reimbursement, reducing the number of pending or 
13rejected claims, and helping to ensure a more transparent 
14adjudication process through the utilization of: (i) provider 
15data verification and provider screening technology; and (ii) 
16clinical code editing; and (iii) pre-pay, pre- or 
17post-adjudicated predictive modeling with an integrated case 
18management system with link analysis. Such a request for 
19information shall not be considered as a request for proposal 
20or as an obligation on the part of the Illinois Department to 
21take any action or acquire any products or services. 
22 The Illinois Department shall establish policies, 
23procedures,
standards and criteria by rule for the acquisition, 
24repair and replacement
of orthotic and prosthetic devices and 
25durable medical equipment. Such
rules shall provide, but not be 
26limited to, the following services: (1)
immediate repair or 
 
 
SB2834- 276 -LRB100 16078 KTG 33917 b


1replacement of such devices by recipients; and (2) rental, 
2lease, purchase or lease-purchase of
durable medical equipment 
3in a cost-effective manner, taking into
consideration the 
4recipient's medical prognosis, the extent of the
recipient's 
5needs, and the requirements and costs for maintaining such

6equipment. Subject to prior approval, such rules shall enable a 
7recipient to temporarily acquire and
use alternative or 
8substitute devices or equipment pending repairs or

9replacements of any device or equipment previously authorized 
10for such
recipient by the Department. Notwithstanding any 
11provision of Section 5-5f to the contrary, the Department may, 
12by rule, exempt certain replacement wheelchair parts from prior 
13approval and, for wheelchairs, wheelchair parts, wheelchair 
14accessories, and related seating and positioning items, 
15determine the wholesale price by methods other than actual 
16acquisition costs.
17 The Department shall require, by rule, all providers of 
18durable medical equipment to be accredited by an accreditation 
19organization approved by the federal Centers for Medicare and 
20Medicaid Services and recognized by the Department in order to 
21bill the Department for providing durable medical equipment to 
22recipients. No later than 15 months after the effective date of 
23the rule adopted pursuant to this paragraph, all providers must 
24meet the accreditation requirement.

25 The Department shall execute, relative to the nursing home 
26prescreening
project, written inter-agency agreements with the 
 
 
SB2834- 277 -LRB100 16078 KTG 33917 b


1Department of Human
Services and the Department on Aging, to 
2effect the following: (i) intake
procedures and common 
3eligibility criteria for those persons who are receiving

4non-institutional services; and (ii) the establishment and 
5development of
non-institutional services in areas of the State 
6where they are not currently
available or are undeveloped; and 
7(iii) notwithstanding any other provision of law, subject to 
8federal approval, on and after July 1, 2012, an increase in the 
9determination of need (DON) scores from 29 to 37 for applicants 
10for institutional and home and community-based long term care; 
11if and only if federal approval is not granted, the Department 
12may, in conjunction with other affected agencies, implement 
13utilization controls or changes in benefit packages to 
14effectuate a similar savings amount for this population; and 
15(iv) no later than July 1, 2013, minimum level of care 
16eligibility criteria for institutional and home and 
17community-based long term care; and (v) no later than October 
181, 2013, establish procedures to permit long term care 
19providers access to eligibility scores for individuals with an 
20admission date who are seeking or receiving services from the 
21long term care provider. In order to select the minimum level 
22of care eligibility criteria, the Governor shall establish a 
23workgroup that includes affected agency representatives and 
24stakeholders representing the institutional and home and 
25community-based long term care interests. This Section shall 
26not restrict the Department from implementing lower level of 
 
 
SB2834- 278 -LRB100 16078 KTG 33917 b


1care eligibility criteria for community-based services in 
2circumstances where federal approval has been granted.


3 The Illinois Department shall develop and operate, in 
4cooperation
with other State Departments and agencies and in 
5compliance with
applicable federal laws and regulations, 
6appropriate and effective
systems of health care evaluation and 
7programs for monitoring of
utilization of health care services 
8and facilities, as it affects
persons eligible for medical 
9assistance under this Code.


10 The Illinois Department shall report annually to the 
11General Assembly,
no later than the second Friday in April of 
121979 and each year
thereafter, in regard to:


13  (a) actual statistics and trends in utilization of 
14 medical services by
public aid recipients;


15  (b) actual statistics and trends in the provision of 
16 the various medical
services by medical vendors;


17  (c) current rate structures and proposed changes in 
18 those rate structures
for the various medical vendors; and


19  (d) efforts at utilization review and control by the 
20 Illinois Department.


21 The period covered by each report shall be the 3 years 
22ending on the June
30 prior to the report. The report shall 
23include suggested legislation
for consideration by the General 
24Assembly. The filing of one copy of the
report with the 
25Speaker, one copy with the Minority Leader and one copy
with 
26the Clerk of the House of Representatives, one copy with the 
 
 
SB2834- 279 -LRB100 16078 KTG 33917 b


1President,
one copy with the Minority Leader and one copy with 
2the Secretary of the
Senate, one copy with the Legislative 
3Research Unit, and such additional
copies
with the State 
4Government Report Distribution Center for the General
Assembly 
5as is required under paragraph (t) of Section 7 of the State

6Library Act shall be deemed sufficient to comply with this 
7Section.


8 Rulemaking authority to implement Public Act 95-1045, if 
9any, is conditioned on the rules being adopted in accordance 
10with all provisions of the Illinois Administrative Procedure 
11Act and all rules and procedures of the Joint Committee on 
12Administrative Rules; any purported rule not so adopted, for 
13whatever reason, is unauthorized. 
14 On and after July 1, 2012, the Department shall reduce any 
15rate of reimbursement for services or other payments or alter 
16any methodologies authorized by this Code to reduce any rate of 
17reimbursement for services or other payments in accordance with 
18Section 5-5e. 
19 Because kidney transplantation can be an appropriate, cost 
20effective
alternative to renal dialysis when medically 
21necessary and notwithstanding the provisions of Section 1-11 of 
22this Code, beginning October 1, 2014, the Department shall 
23cover kidney transplantation for noncitizens with end-stage 
24renal disease who are not eligible for comprehensive medical 
25benefits, who meet the residency requirements of Section 5-3 of 
26this Code, and who would otherwise meet the financial 
 
 
SB2834- 280 -LRB100 16078 KTG 33917 b


1requirements of the appropriate class of eligible persons under 
2Section 5-2 of this Code. To qualify for coverage of kidney 
3transplantation, such person must be receiving emergency renal 
4dialysis services covered by the Department. Providers under 
5this Section shall be prior approved and certified by the 
6Department to perform kidney transplantation and the services 
7under this Section shall be limited to services associated with 
8kidney transplantation. 
9 Notwithstanding any other provision of this Code to the 
10contrary, on or after July 1, 2015, all FDA approved forms of 
11medication assisted treatment prescribed for the treatment of 
12alcohol dependence or treatment of opioid dependence shall be 
13covered under both fee for service and managed care medical 
14assistance programs for persons who are otherwise eligible for 
15medical assistance under this Article and shall not be subject 
16to any (1) utilization control, other than those established 
17under the American Society of Addiction Medicine patient 
18placement criteria,
(2) prior authorization mandate, or (3) 
19lifetime restriction limit
mandate. 
20 On or after July 1, 2015, opioid antagonists prescribed for 
21the treatment of an opioid overdose, including the medication 
22product, administration devices, and any pharmacy fees related 
23to the dispensing and administration of the opioid antagonist, 
24shall be covered under the medical assistance program for 
25persons who are otherwise eligible for medical assistance under 
26this Article. As used in this Section, "opioid antagonist" 
 
 
SB2834- 281 -LRB100 16078 KTG 33917 b


1means a drug that binds to opioid receptors and blocks or 
2inhibits the effect of opioids acting on those receptors, 
3including, but not limited to, naloxone hydrochloride or any 
4other similarly acting drug approved by the U.S. Food and Drug 
5Administration.
6 Upon federal approval, the Department shall provide 
7coverage and reimbursement for all drugs that are approved for 
8marketing by the federal Food and Drug Administration and that 
9are recommended by the federal Public Health Service or the 
10United States Centers for Disease Control and Prevention for 
11pre-exposure prophylaxis and related pre-exposure prophylaxis 
12services, including, but not limited to, HIV and sexually 
13transmitted infection screening, treatment for sexually 
14transmitted infections, medical monitoring, assorted labs, and 
15counseling to reduce the likelihood of HIV infection among 
16individuals who are not infected with HIV but who are at high 
17risk of HIV infection.
18(Source: P.A. 99-78, eff. 7-20-15; 99-180, eff. 7-29-15; 
1999-236, eff. 8-3-15; 99-407 (see Section 20 of P.A. 99-588 for 
20the effective date of P.A. 99-407); 99-433, eff. 8-21-15; 
2199-480, eff. 9-9-15; 99-588, eff. 7-20-16; 99-642, eff. 
227-28-16; 99-772, eff. 1-1-17; 99-895, eff. 1-1-17; 100-201, 
23eff. 8-18-17; 100-395, eff. 1-1-18; 100-449, eff. 1-1-18; 
24100-538, eff. 1-1-18; revised 10-26-17.)




25 (305 ILCS 5/6-1.3) (from Ch. 23, par. 6-1.3)



 
 
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1 Sec. 6-1.3. Utilization of aid available under other 
2provisions of
Code. The person must have been determined 
3ineligible for aid under the
federally funded programs to aid 
4refugees and Articles
III, IV or V. Nothing in this Section 
5shall prevent the use of General
Assistance funds to pay any 
6portion of the costs of care and maintenance
in a residential 
7substance use disorder drug abuse treatment program licensed by 
8the Department
of Human Services, or in a County
Nursing Home,

9or in a private nursing home, retirement home or other facility 
10for
the care of the elderly, of a person otherwise eligible to 
11receive General
Assistance except for the provisions of this 
12paragraph.

13 A person otherwise eligible for aid under the federally 
14funded programs
to aid refugees or Articles III, IV or V who

15fails or refuses to comply with provisions of this Code or 
16other laws, or
rules and regulations of the Illinois 
17Department, which would qualify him
for aid under those 
18programs or Articles, shall not receive General
Assistance 
19under this Article nor shall any of his dependents whose

20eligibility is contingent upon such compliance receive General 
21Assistance.

22 Persons and families who are ineligible for aid under 
23Article IV due to
having received benefits under Article IV for 
24any maximum time limits set under
the Illinois Temporary 
25Assistance for to Needy Families (TANF) Plan shall not be

26eligible for General Assistance under this Article unless the 
 
 
SB2834- 283 -LRB100 16078 KTG 33917 b


1Illinois
Department or the local governmental unit, by rule, 
2specifies that those
persons
or families may be eligible.

3(Source: P.A. 89-507, eff. 7-1-97; 90-17, eff. 7-1-97; revised 
410-4-17.)





5 (305 ILCS 5/6-11) (from Ch. 23, par. 6-11)



6 Sec. 6-11. General Assistance. 

7 (a) Effective July 1, 1992, all State funded General 
8Assistance and related
medical benefits shall be governed by 
9this Section, provided that, notwithstanding any other 
10provisions of this Code to the contrary, on and after July 1, 
112012, the State shall not fund the programs outlined in this 
12Section. Other parts of this Code
or other laws related to 
13General Assistance shall remain in effect to the
extent they do 
14not conflict with the provisions of this Section. If any other

15part of this Code or other laws of this State conflict with the 
16provisions of
this Section, the provisions of this Section 
17shall control.

18 (b) General Assistance may consist of 2 separate
programs. 
19One program shall be for adults with no children and shall be

20known as Transitional Assistance. The other program may be for

21families with children and for pregnant women and shall be 
22known as
Family and Children Assistance.

23 (c) (1) To be eligible for Transitional Assistance on or 
24after July
1, 1992, an individual must be ineligible for 
25assistance under any other
Article of this Code, must be 
 
 
SB2834- 284 -LRB100 16078 KTG 33917 b


1determined chronically needy, and must be one of
the following:


2  (A) age 18 or over or


3  (B) married and living with a spouse, regardless of 
4 age.

5 (2) The local governmental unit shall determine
whether 
6individuals are chronically needy as follows:


7  (A) Individuals who have applied for Supplemental 
8 Security Income (SSI)
and are awaiting a decision on 
9 eligibility for SSI who are determined to be a person with 
10 a disability
by
the Illinois Department using the SSI 
11 standard shall be considered chronically
needy, except 
12 that individuals whose disability is based solely on 
13 substance
use disorders addictions (drug abuse and 
14 alcoholism) and whose disability would cease were
their 
15 addictions to end shall be eligible only for medical 
16 assistance and shall
not be eligible for cash assistance 
17 under the Transitional Assistance
program.


18  (B) (Blank).


19  (C) The unit of local government may specify other 
20 categories of
individuals as chronically needy; nothing in 
21 this Section, however, shall be
deemed to require the 
22 inclusion of any specific category other than as
specified 
23 in paragraph (A).

24 (3) For individuals in Transitional Assistance, medical 
25assistance may
be provided by the unit of local government in 
26an amount and nature determined by the unit of local 
 
 
SB2834- 285 -LRB100 16078 KTG 33917 b


1government. Nothing in this paragraph (3) shall be construed to 
2require the coverage of
any particular medical service. In 
3addition, the amount and nature of medical
assistance provided 
4may be different for different categories of individuals

5determined chronically needy.

6 (4) (Blank).

7 (5) (Blank).

8 (d) (1) To be eligible for Family and Children Assistance, 
9a
family unit must be ineligible for assistance under any other 
10Article of
this Code and must contain a child who is:


11  (A) under age 18 or


12  (B) age 18 and a full-time student in a secondary 
13 school or the
equivalent level of vocational or technical 
14 training, and who may
reasonably be expected to complete 
15 the program before reaching age 19.

16 Those children shall be eligible for Family and Children 
17Assistance.

18 (2) The natural or adoptive parents of the child living in 
19the same
household may be eligible for Family and Children 
20Assistance.

21 (3) A pregnant woman whose pregnancy has been verified 
22shall be
eligible for income maintenance assistance under the 
23Family and
Children Assistance program.

24 (4) The amount and nature of medical assistance provided 
25under the
Family and Children Assistance program shall be 
26determined by the unit of local government. The amount and 
 
 
SB2834- 286 -LRB100 16078 KTG 33917 b


1nature of medical
assistance provided
need not be the same as 
2that provided under paragraph (3) of
subsection (c) of this 
3Section, and nothing in this paragraph (4) shall be
construed 
4to require the coverage of any particular medical service.

5 (5) (Blank).

6 (e) A local governmental unit that chooses to participate 
7in a
General Assistance program under this Section shall 
8provide
funding in accordance with Section 12-21.13 of this 
9Act.
Local governmental funds used to qualify for State funding 
10may only be
expended for clients eligible for assistance under 
11this Section 6-11 and
related administrative expenses.

12 (f) (Blank).

13 (g) (Blank).

14(Source: P.A. 99-143, eff. 7-27-15.)





15 (305 ILCS 5/9-9) (from Ch. 23, par. 9-9)



16 Sec. 9-9. 
The Illinois Department shall make information

17available in its local
offices informing clients about programs 
18concerning substance use disorder alcoholism and
substance 
19abuse treatment and prevention programs.

20(Source: P.A. 89-507, eff. 7-1-97.)




21 (305 ILCS 5/9A-8) (from Ch. 23, par. 9A-8)



22 Sec. 9A-8. Operation of Program. 

23 (a) At the time of application or redetermination of 
24eligibility under
Article IV, as determined by rule, the 
 
 
SB2834- 287 -LRB100 16078 KTG 33917 b


1Illinois Department shall provide
information in writing and 
2orally regarding the education, training and
employment 
3program to all applicants and recipients. The information

4required shall be established by rule and shall include, but 
5need not be
limited to:

6  (1) education (including literacy training), 
7 employment and training
opportunities available, the 
8 criteria for approval of those opportunities,
and the right 
9 to request changes in the personal responsibility and

10 services plan to include those opportunities;

11  (1.1) a complete list of all activities that are 
12 approvable activities, and
the circumstances under which 
13 they are
approvable, including work activities, substance 
14 use disorder substance abuse or mental health
treatment, 
15 activities to escape and prevent domestic
violence, caring 
16 for a medically impaired family member, and any other

17 approvable activities, together with the right to and

18 procedures for amending the responsibility and services 
19 plan to include these
activities;

20  (1.2) the rules concerning the lifetime limit on 
21 eligibility, including
the current status of the applicant 
22 or recipient in
terms of the months of remaining 
23 eligibility, the criteria under which a month
will not 
24 count towards the lifetime limit, and the
criteria under 
25 which a recipient may receive benefits beyond the end of 
26 the
lifetime limit;

 
 
SB2834- 288 -LRB100 16078 KTG 33917 b


1  (2) supportive services including child care
and the 
2 rules regarding eligibility for and access to the child

3 care assistance program, transportation, initial expenses 
4 of employment, job
retention, books and fees, and any other 
5 supportive
services;

6  (3) the obligation of the Department to provide 
7 supportive services;

8  (4) the rights and responsibilities of participants, 
9 including
exemption, sanction, reconciliation, and good 
10 cause criteria and
procedures, termination for 
11 non-cooperation
and reinstatement rules and procedures, 
12 and appeal and grievance procedures;
and

13  (5) the types and locations of child care services.

14 (b) The Illinois
Department shall notify the recipient in 
15writing of the opportunity to
volunteer to participate in the 
16program.

17 (c) (Blank).

18 (d) As part of the personal plan for achieving employment 
19and
self-sufficiency, the Department shall conduct an 
20individualized assessment
of
the
participant's employability. 
21No participant may be assigned to any
component of the 
22education, training and employment activity
prior to such

23assessment. The plan shall
include collection of
information
on 
24the individual's background, proficiencies, skills 
25deficiencies,
education level, work history, employment goals, 
26interests, aptitudes, and
employment preferences, as well as 
 
 
SB2834- 289 -LRB100 16078 KTG 33917 b


1factors affecting employability or
ability to meet 
2participation requirements (e.g., health, physical or
mental 
3limitations, child care, family circumstances, domestic 
4violence, sexual violence,
substance use disorders substance 
5abuse, and special needs of any child of the individual). As 
6part
of the plan,
individuals and Department staff shall work 
7together to identify any
supportive service needs required to 
8enable the client to participate and
meet the objectives of his 
9or her employability plan. The
assessment may be conducted 
10through various methods such as interviews,
testing, 
11counseling, and self-assessment instruments. In the
assessment 
12process, the Department shall offer to include standard

13literacy testing
and a determination of
English language 
14proficiency and shall provide it for those who accept the

15offer.
Based on the assessment,
the
individual will be assigned 
16to the appropriate activity. The
decision will be based on a 
17determination of the individual's level of
preparation for 
18employment as defined by rule. 

19 (e) Recipients determined to be exempt may volunteer to 
20participate
pursuant to Section 9A-4 and must be assessed.

21 (f) As part of the personal plan for achieving employment 
22and
self-sufficiency under Section 4-1, an employability plan 
23for recipients
shall be
developed in
consultation with the 
24participant. The Department shall have final
responsibility 
25for approving the employability plan. The employability
plan 
26shall:

 
 
SB2834- 290 -LRB100 16078 KTG 33917 b


1  (1) contain an employment goal of the participant;

2  (2) describe the services to be provided by the 
3 Department, including
child care and other support 
4 services;

5  (3) describe the activities, such as component 
6 assignment, that will be
undertaken by the participant to 
7 achieve the employment goal. The Department shall treat 
8 participation in high school and high school equivalency 
9 programs as a core activity and count participation in high 
10 school and high school equivalency programs toward the 
11 first 20 hours per week of participation. The Department 
12 shall approve participation in high school or high school 
13 equivalency programs upon written or oral request of the 
14 participant if he or she has not already earned a high 
15 school diploma or a high school equivalency certificate. 
16 However, participation in high school or high school 
17 equivalency programs may be delayed as part of an 
18 applicant's or recipient's personal plan for achieving 
19 employment and self-sufficiency if it is determined that 
20 the benefit from participating in another activity, such 
21 as, but not limited to, treatment for a substance use 
22 disorder substance abuse or an English proficiency 
23 program, would be greater to the applicant or recipient 
24 than participation in high school or a high school 
25 equivalency program. The availability of high school and 
26 high school equivalency programs may also delay enrollment 
 
 
SB2834- 291 -LRB100 16078 KTG 33917 b


1 in those programs. The Department shall treat such 
2 activities as a core activity as long as satisfactory 
3 progress is made, as determined by the high school or high 
4 school equivalency program. Proof of satisfactory progress 
5 shall be provided by the participant or the school at the 
6 end of each academic term; and

7  (4) describe any other needs of the family that might 
8 be met by
the Department.

9 (g) The employability plan shall take into account:

10  (1) available program resources;

11  (2) the participant's support service needs;

12  (3) the participant's skills level and aptitudes;

13  (4) local employment opportunities; and

14  (5) the preferences of the
participant.

15 (h) A reassessment shall be conducted to assess a 
16participant's
progress and to review the employability plan on 
17the following occasions:

18  (1) upon completion of an activity and before

19 assignment to an activity;

20  (2) upon the request of the participant;

21  (3) if the individual is not cooperating with the 
22 requirements of
the program; and

23  (4) if the individual has failed to make satisfactory 
24 progress in an
education or training program.

25 Based on the reassessment, the Department may revise the 
26employability
plan of the participant.

 
 
SB2834- 292 -LRB100 16078 KTG 33917 b


1(Source: P.A. 99-746, eff. 1-1-17.)


2 Section 80. The Abused and Neglected Child Reporting Act is 
3amended by changing Sections 7.3b and 8.2 as follows:




4 (325 ILCS 5/7.3b) (from Ch. 23, par. 2057.3b)



5 Sec. 7.3b. 
All persons required to report under Section 4 
6may refer
to the Department of Human Services any pregnant 
7person
in this State who has a substance use
disorder as 
8defined in the Substance Use Disorder Act. is
addicted as 
9defined in the Alcoholism and Other Drug Abuse and
Dependency

10Act. The Department of Human Services shall notify the
local 
11Infant
Mortality Reduction Network service provider or 
12Department funded prenatal
care provider in the area in which 
13the person resides. The service
provider shall prepare a case 
14management plan and assist the pregnant woman
in obtaining 
15counseling and treatment from a local substance use disorder 
16treatment program substance abuse service
provider licensed by 
17the Department of Human Services or a
licensed hospital which 
18provides substance abuse treatment services. The
local Infant 
19Mortality Reduction Network service provider and Department

20funded prenatal care provider shall monitor the pregnant woman 
21through the
service program. The Department of Human Services 
22shall have the authority
to promulgate rules and regulations to 
23implement this Section.

24(Source: P.A. 88-670, eff. 12-2-94; 89-507 (Sections 9C-25 and 
 
 
SB2834- 293 -LRB100 16078 KTG 33917 b


19M-5), eff.
7-1-97.)





2 (325 ILCS 5/8.2) (from Ch. 23, par. 2058.2)



3 Sec. 8.2. If the Child Protective Service Unit determines, 
4following
an investigation made pursuant to Section 7.4 of this 
5Act, that there is
credible evidence that the child is abused 
6or neglected, the Department
shall assess the family's need for 
7services, and, as necessary, develop,
with the family, an 
8appropriate service plan for the family's voluntary
acceptance 
9or refusal. In any case where there is evidence that the

10perpetrator of the abuse or neglect has a substance use 
11disorder as defined in the Substance Use Disorder Act, is an 
12addict or alcoholic as defined in
the Alcoholism and Other Drug 
13Abuse and Dependency Act, the Department, when
making referrals 
14for drug or alcohol abuse services, shall make such referrals

15to facilities licensed by the Department of Human Services or 
16the Department
of Public Health. The Department shall comply 
17with Section 8.1 by explaining
its lack of legal authority to 
18compel the acceptance of services and may
explain its 
19concomitant authority to petition the Circuit court
under the 
20Juvenile Court Act of 1987 or refer the case to the local law

21enforcement authority or State's attorney for criminal 
22prosecution.

23 For purposes of this Act, the term "family preservation 
24services"
refers to all services
to help families, including 
25adoptive and extended families. Family
preservation services 
 
 
SB2834- 294 -LRB100 16078 KTG 33917 b


1shall be
offered, where safe and appropriate,
to prevent the 
2placement of children in substitute
care when the children can 
3be cared for at home or in the custody of the
person 
4responsible for the children's welfare without endangering the

5children's health or safety, to reunite them with their

6families if so placed when reunification
is an appropriate 
7goal, or to maintain an adoptive placement. The term

8"homemaker" includes emergency caretakers, homemakers, 
9caretakers,
housekeepers and chore services. The term 
10"counseling" includes individual
therapy, infant stimulation 
11therapy, family therapy, group therapy,
self-help groups, drug 
12and alcohol abuse counseling, vocational counseling
and 
13post-adoptive services. The term "day care" includes 
14protective day
care and day care to meet educational, 
15prevocational or vocational needs.
The term "emergency 
16assistance and advocacy" includes coordinated services
to 
17secure emergency cash, food, housing and medical assistance or 
18advocacy
for other subsistence and family protective needs.

19 Before July 1, 2000, appropriate family preservation 
20services shall, subject
to appropriation, be included in the 
21service plan if the Department has
determined that those 
22services will ensure the child's health and safety, are
in the 
23child's best interests, and will not place the child in 
24imminent risk of
harm. Beginning July 1, 2000, appropriate 
25family preservation services shall
be uniformly available 
26throughout the State. The Department shall promptly
notify 
 
 
SB2834- 295 -LRB100 16078 KTG 33917 b


1children and families of the Department's responsibility to 
2offer and
provide family preservation services as identified in 
3the service plan. Such
plans may include but are not limited 
4to: case management services; homemakers;
counseling; parent 
5education; day care; emergency assistance and advocacy

6assessments; respite care; in-home health care; transportation 
7to obtain any of
the above services; and medical assistance. 
8Nothing in this paragraph shall be
construed to create a 
9private right of action or claim on the part of any
individual 
10or child welfare agency, except that when a child is the 
11subject of an action under Article II of the Juvenile Court Act 
12of 1987 and the child's service plan calls for services to 
13facilitate achievement of the permanency goal, the court 
14hearing the action under Article II of the Juvenile Court Act 
15of 1987 may order the Department to provide the services set 
16out in the plan, if those services are not provided with 
17reasonable promptness and if those services are available.

18 Each Department field office shall maintain on a local 
19basis
directories of services available to children and 
20families in the local
area where the Department office is 
21located.

22 The Department shall refer children and families served

23pursuant to this Section to private agencies and governmental 
24agencies,
where available.

25 Where there are 2 equal proposals from both a 
26not-for-profit and a
for-profit agency to provide services, the 
 
 
SB2834- 296 -LRB100 16078 KTG 33917 b


1Department shall give preference
to the proposal from the 
2not-for-profit agency.

3 No service plan shall compel any child or parent to engage 
4in any
activity or refrain from any activity which is not 
5reasonably related to
remedying a condition or conditions that 
6gave rise or which could give rise
to any finding of child 
7abuse or neglect.

8(Source: P.A. 96-600, eff. 8-21-09; 97-859, eff. 7-27-12.)


9 Section 81. The Mental Health and Developmental 
10Disabilities Code is amended by changing Section 1-129 as 
11follows:




12 (405 ILCS 5/1-129)



13 Sec. 1-129. Mental illness. "Mental illness" means a 
14mental, or
emotional disorder that substantially impairs a 
15person's thought, perception of
reality,
emotional process, 
16judgment, behavior, or ability to cope with the ordinary

17demands of
life, but does not include a developmental 
18disability, dementia or Alzheimer's
disease absent psychosis, 
19a substance use abuse
disorder, or an
abnormality manifested 
20only by repeated criminal or otherwise antisocial
conduct.

21(Source: P.A. 93-573, eff. 8-21-03.)


22 Section 83. The Community Services Act is amended by 
23changing Sections 2, 3, and 4 as follows:




 
 
SB2834- 297 -LRB100 16078 KTG 33917 b


1 (405 ILCS 30/2) (from Ch. 91 1/2, par. 902)



2 Sec. 2. Community Services System. Services should be 
3planned,
developed, delivered and evaluated as part of a 
4comprehensive and
coordinated system. The Department of Human 
5Services
shall encourage the establishment of services in each 
6area of the State
which cover the services categories described 
7below. What specific
services are provided under each service 
8category shall be based on local
needs; special attention shall 
9be given to unserved and underserved
populations, including 
10children and youth, racial and ethnic minorities,
and the 
11elderly. The service categories shall include:

12  (a) Prevention: services designed primarily to reduce 
13 the incidence
and ameliorate the severity of developmental 
14 disabilities, mental illness, and substance use disorders 
15 as defined in the Substance Use Disorder Act; and
alcohol 
16 and drug dependence;

17  (b) Client Assessment and Diagnosis: services designed 
18 to identify
persons with developmental disabilities, 
19 mental illness, and substance use disorders; and alcohol 
20 and
drug dependency; to determine the extent of the 
21 disability and the level of
functioning; to ensure that the 
22 individual's need for treatment of mental disorders or 
23 substance use disorders or co-occurring substance use and 
24 mental health disorders is determined using a uniform 
25 screening, assessment, and evaluation process inclusive of 
 
 
SB2834- 298 -LRB100 16078 KTG 33917 b


1 criteria; for purposes of this subsection (b), a uniform 
2 screening, assessment, and evaluation process refers to a 
3 process that includes an appropriate evaluation and, as 
4 warranted, a referral; "uniform" does not mean the use of a 
5 singular instrument, tool, or process that all must 
6 utilize; information obtained through client evaluation 
7 can be used in
individual treatment and habilitation plans; 
8 to assure appropriate
placement and to assist in program 
9 evaluation;

10  (c) Case Coordination: services to provide information 
11 and assistance to
persons with disabilities to ensure that 
12 they obtain needed services provided by the
private and 
13 public sectors; case coordination services should be 
14 available
to individuals whose functioning level or 
15 history of institutional
recidivism or long-term care 
16 indicate that such assistance is required for
successful 
17 community living;

18  (d) Crisis and Emergency: services to assist 
19 individuals and
their families through crisis periods, to 
20 stabilize individuals under stress
and to prevent 
21 unnecessary institutionalization;

22  (e) Treatment, Habilitation and Support: services 
23 designed to help
individuals develop skills which promote 
24 independence and improved levels
of social and vocational 
25 functioning and personal growth; and to provide

26 non-treatment support services which are necessary for 
 
 
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1 successful
community living;

2  (f) Community Residential Alternatives to 
3 Institutional Settings:
services to provide living 
4 arrangements for persons unable to live
independently; the 
5 level of supervision, services provided and length of
stay 
6 at community residential alternatives will vary by the type 
7 of program
and the needs and functioning level of the 
8 residents; other services may be
provided in a community 
9 residential alternative which promote the
acquisition of 
10 independent living skills and integration with the 
11 community.

12(Source: P.A. 99-143, eff. 7-27-15.)





13 (405 ILCS 30/3) (from Ch. 91 1/2, par. 903)



14 Sec. 3. Responsibilities for Community Services. Pursuant

15to this Act, the Department of Human Services
shall facilitate 
16the
establishment of a comprehensive and coordinated array of 
17community services
based upon a federal, State and local 
18partnership. In order to assist in
implementation of this Act, 
19the Department shall prescribe and publish rules
and

20regulations. The Department may request the assistance of other

21State agencies, local
government entities, direct services 
22providers, trade associations, and others in the development of

23these regulations or other policies related to community 
24services.

25 The Department shall assume the following roles and 
 
 
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1responsibilities for
community services:

2 (a) Service Priorities. Within the service categories 
3described in Section
2 of this Act, establish and publish 
4priorities for community services to
be rendered, and priority 
5populations to receive these services.

6 (b) Planning. By January 1, 1994 and by January 1 of each 
7third year
thereafter, prepare and publish a Plan which 
8describes goals and objectives for
community services 
9state-wide and for regions and subregions needs assessment,

10steps and time-tables for implementation of the goals also 
11shall be included;
programmatic goals and objectives for 
12community services shall cover the
service categories defined 
13in Section 2 of this Act; the Department shall insure local

14participation in the planning process.

15 (c) Public Information and Education. Develop programs 
16aimed at
improving the relationship between communities and 
17their
residents with disabilities; prepare and disseminate 
18public information and educational
materials on the prevention 
19of developmental disabilities, mental illness, and
substance 
20use disorders alcohol or drug dependence, and on available 
21treatment and habilitation
services for persons with these 
22disabilities.

23 (d) Quality Assurance. Promulgate minimum program 
24standards, rules and
regulations to insure that Department 
25funded services maintain acceptable quality
and assure 
26enforcement of these standards through regular monitoring of

 
 
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1services and through program evaluation; this applies except 
2where this
responsibility is explicitly given by law to another 
3State agency.

4 (d-5) Accreditation requirements for providers of mental 
5health and
substance abuse treatment services.
Except when the 
6federal or State statutes authorizing a program, or the
federal 
7regulations implementing a program, are to the contrary,

8accreditation shall be accepted by the Department in lieu of 
9the
Department's facility or program certification or 
10licensure onsite review
requirements and shall be accepted as a 
11substitute for the Department's
administrative and program 
12monitoring requirements, except as required by
subsection 
13(d-10), in the case of:


14  (1) Any organization from which the Department 
15 purchases mental health
or substance abuse services and

16 that is accredited under any of the following: the 
17 Comprehensive
Accreditation Manual
for Behavioral Health 
18 Care (Joint Commission on Accreditation of Healthcare

19 Organizations (JCAHO)); the Comprehensive Accreditation 
20 Manual
for Hospitals (JCAHO); the Standards Manual for the

21 Council on Accreditation for Children and Family Services 
22 (Council on
Accreditation for Children and Family Services 
23 (COA)); or the
Standards Manual for Organizations Serving 
24 People with Disabilities (the
Rehabilitation Accreditation 
25 Commission (CARF)).


26  (2) Any mental health facility or program licensed or 
 
 
SB2834- 302 -LRB100 16078 KTG 33917 b


1 certified by the
Department, or any substance abuse service 
2 licensed by the Department, that is
accredited under any of 
3 the following: the
Comprehensive Accreditation Manual for

4 Behavioral Health Care (JCAHO); the Comprehensive 
5 Accreditation Manual for
Hospitals (JCAHO); the Standards 
6 Manual for the Council on Accreditation for
Children and 
7 Family Services (COA); or the Standards Manual for 
8 Organizations
Serving People with Disabilities (CARF).


9  (3) Any network of providers from which the Department 
10 purchases
mental health or substance abuse services and 
11 that is accredited under any of
the
following: the 
12 Comprehensive Accreditation Manual for Behavioral Health 
13 Care
(JCAHO);
the Comprehensive Accreditation Manual for 
14 Hospitals (JCAHO); the Standards
Manual for the
Council on 
15 Accreditation for Children and Family Services (COA); the 
16 Standards
Manual for Organizations Serving People with 
17 Disabilities (CARF); or the
National Committee for Quality 
18 Assurance. A provider organization that is part
of an 
19 accredited network shall be afforded the same rights under 
20 this
subsection.

21 (d-10) For mental health and substance abuse services, the 
22Department
may develop standards or promulgate rules that 
23establish additional standards
for monitoring
and licensing 
24accredited programs, services, and facilities that the 
25Department
has determined are not covered by the accreditation 
26standards and processes.
These additional standards for 
 
 
SB2834- 303 -LRB100 16078 KTG 33917 b


1monitoring and licensing accredited programs,
services, and 
2facilities and the associated monitoring must not duplicate the

3standards and processes already covered by the accrediting 
4bodies.

5 (d-15) The Department shall be given proof of compliance 
6with fire and
health safety standards, which must be submitted 
7as required by rule.

8 (d-20) The Department, by accepting the survey or 
9inspection of an
accrediting organization, does not forfeit its 
10rights to perform inspections at
any time, including contract 
11monitoring to ensure that services are
provided in accordance 
12with the contract.
The Department reserves the right to monitor 
13a provider of mental health and
substance abuse treatment 
14services when the survey or inspection of an
accrediting 
15organization has established any deficiency in the 
16accreditation
standards and processes.

17 (d-25) On and after the effective date of this amendatory 
18Act of the 92nd
General Assembly, the accreditation 
19requirements of this Section apply to
contracted organizations 
20that are already accredited.

21 (e) Program Evaluation. Develop a system for conducting 
22evaluation of
the effectiveness of community services, 
23according to preestablished
performance standards; evaluate 
24the extent to which performance according
to established 
25standards aids in achieving the goals of this Act;
evaluation 
26data also shall be used for quality assurance purposes as well

 
 
SB2834- 304 -LRB100 16078 KTG 33917 b


1as for planning activities.

2 (f) Research. Conduct research in order to increase 
3understanding of mental
illness, developmental disabilities, 
4and substance use disorders and alcohol and drug dependence.

5 (g) Technical Assistance. Provide technical assistance to 
6provider agencies
receiving funds or serving clients in order 
7to assist
these agencies in providing appropriate, quality 
8services; also provide
assistance and guidance to other State 
9agencies and local governmental bodies
serving persons with 
10disabilities in order to strengthen their efforts to provide

11appropriate community services; and assist provider agencies 
12in accessing
other available funding, including federal, 
13State, local, third-party and
private resources.

14 (h) Placement Process. Promote the appropriate placement 
15of clients in
community services through the development and 
16implementation of client
assessment and diagnostic instruments 
17to assist in identifying the
individual's service needs; client 
18assessment instruments also can be
utilized for purposes of 
19program evaluation; whenever possible, assure that
placements 
20in State-operated facilities are referrals from community 
21agencies.

22 (i) Interagency Coordination. Assume leadership in 
23promoting cooperation
among State health and human service 
24agencies to insure that a comprehensive,
coordinated community 
25services system is in place; to insure persons with a 
26disability
access to needed services; and to insure continuity 
 
 
SB2834- 305 -LRB100 16078 KTG 33917 b


1of care and allow clients
to move among service settings as 
2their needs change; also work with other
agencies to establish 
3effective prevention programs.

4 (j) Financial Assistance. Provide financial assistance to 
5local provider
agencies through purchase-of-care contracts and 
6grants, pursuant to Section
4 of this Act.

7(Source: P.A. 99-143, eff. 7-27-15.)





8 (405 ILCS 30/4) (from Ch. 91 1/2, par. 904)



9 Sec. 4. Financing for Community Services. 
10 (a) The Department of Human Services
is authorized to

11provide financial reimbursement to eligible private service 
12providers,
corporations, local government entities or 
13voluntary associations for the
provision of services to persons 
14with mental illness, persons with a
developmental disability, 
15and persons with substance use disorders who are and alcohol 
16and drug dependent persons living in the
community for the 
17purpose of achieving the goals of this Act.

18 The Department shall utilize the following funding 
19mechanisms for community
services:


20  (1) Purchase of Care Contracts: services purchased on a 
21 predetermined fee
per unit of service basis from private 
22 providers or governmental entities. Fee
per service rates 
23 are set by an established formula which covers some portion

24 of personnel, supplies, and other allowable costs, and 
25 which makes some
allowance for geographic variations in 
 
 
SB2834- 306 -LRB100 16078 KTG 33917 b


1 costs as well as for additional program
components.


2  (2) Grants: sums of money which the Department grants 
3 to private providers or
governmental
entities pursuant to 
4 the grant recipient's agreement to provide certain

5 services, as defined by departmental grant guidelines, to 
6 an
approximate number of service
recipients. Grant levels 
7 are set through consideration of personnel, supply and

8 other allowable costs, as well as other funds available to 
9 the program.


10  (3) Other Funding Arrangements: funding mechanisms may 
11 be established
on a pilot basis in order to examine the 
12 feasibility of alternative financing
arrangements for the 
13 provision of community services.

14 The Department shall establish and maintain an equitable 
15system of
payment
which allows providers to improve persons 
16with disabilities'
capabilities for
independence and reduces 
17their reliance on State-operated
services. 
18 For services classified as entitlement services under 
19federal law or guidelines, caps may not be placed on the total 
20amount of payment a provider may receive in a fiscal year and 
21the Department shall not require that a portion of the payments 
22due be made in a subsequent fiscal year based on a yearly 
23payment cap. 
24 (b) The Governor shall create a commission by September 1, 
252009, or as soon thereafter as possible, to review funding 
26methodologies, identify gaps in funding, identify revenue, and 
 
 
SB2834- 307 -LRB100 16078 KTG 33917 b


1prioritize use of that revenue for community developmental 
2disability services, mental health services, alcohol and 
3substance abuse services, rehabilitation services, and early 
4intervention services. The Office of the Governor shall provide 
5staff support for the commission. 
6 (c) The first meeting of the commission shall be held 
7within the first month after the creation and appointment of 
8the commission, and a final report summarizing the commission's 
9recommendations must be issued within 12 months after the first 
10meeting, and no later than September 1, 2010, to the Governor 
11and the General Assembly. 
12 (d) The commission shall have the following 13 voting 
13members:
14  (A) one member of the House of Representatives, 
15 appointed by the Speaker of the House of Representatives;
16  (B) one member of the House of Representatives, 
17 appointed by the House Minority Leader;
18  (C) one member of the Senate, appointed by the 
19 President of the Senate;
20  (D) one member of the Senate, appointed by the Senate 
21 Minority Leader;
22  (E) one person with a developmental disability, or a 
23 family member or guardian of such a person, appointed by 
24 the Governor;
25  (F) one person with a mental illness, or a family 
26 member or guardian of such a person, appointed by the 
 
 
SB2834- 308 -LRB100 16078 KTG 33917 b


1 Governor;
2  (G) two persons from unions that represent employees of 
3 community providers that serve people with developmental 
4 disabilities, mental illness, and alcohol and substance 
5 abuse disorders, appointed by the Governor; and
6  (H) five persons from statewide associations that 
7 represent community providers that provide residential, 
8 day training, and other developmental disability services, 
9 mental health services, alcohol and substance abuse 
10 services, rehabilitation services, or early intervention 
11 services, or any combination of those, appointed by the 
12 Governor.
13 The commission shall also have the following ex-officio, 
14nonvoting members:
15  (I) the Director of the Governor's Office of Management 
16 and Budget or his or her designee;
17  (J) the Chief Financial Officer of the Department of 
18 Human Services or his or her designee;
19  (K) the Administrator of the Department of Healthcare 
20 and Family Services Division of Finance or his or her 
21 designee;
22  (L) the Director of the Department of Human Services 
23 Division of Developmental Disabilities or his or her 
24 designee;
25  (M) the Director of the Department of Human Services 
26 Division of Mental Health or his or her designee;
and
 
 
SB2834- 309 -LRB100 16078 KTG 33917 b


1  (N) the Director of the Department of Human Services 
2 Division of Alcoholism and Substance Abuse or his or her 
3 designee. 
4 (e) The funding methodologies must reflect economic 
5factors inherent in providing services and supports, recognize 
6individual disability needs, and consider geographic 
7differences, transportation costs, required staffing ratios, 
8and mandates not currently funded.

9 (f) In accepting Department funds, providers shall 
10recognize
their responsibility to be
accountable to the 
11Department and the State for the delivery of services
which are 
12consistent
with the philosophies and goals of this Act and the 
13rules and regulations
promulgated under it.

14(Source: P.A. 96-652, eff. 8-24-09; 96-1472, eff. 8-23-10; 
1597-813, eff. 7-13-12.)


16 Section 84. The Illinois Mental Health First Aid Training 
17Act is amended by changing Sections 5, 15, 25, and 35 as 
18follows:

19 (405 ILCS 105/5)

20 Sec. 5. Purpose.
Through the use of innovative strategies, 
21Mental Health First Aid training shall be implemented 
22throughout the State. Mental Health First Aid training is 
23designed to train individuals to assist someone who is 
24developing a mental health disorder or a substance use an 
 
 
SB2834- 310 -LRB100 16078 KTG 33917 b


1alcohol or substance abuse disorder, or who is experiencing a 
2mental health or substance use disorder abuse crisis and it can 
3be reasonably assumed that a mental health disorder or a 
4substance use an alcohol or substance abuse disorder is a 
5contributing or precipitating factor.


6(Source: P.A. 98-195, eff. 8-7-13.)

7 (405 ILCS 105/15)

8 Sec. 15. Illinois Mental Health First Aid training program. 

9The Department of Human Services shall administer the Illinois 
10Mental Health First Aid training program so that certified 
11trainers can provide Illinois residents, professionals, and 
12members of the public with training on how to identify and 
13assist someone who is believed to be developing or has 
14developed a mental health disorder or a substance use an 
15alcohol or substance abuse disorder or who is believed to be 
16experiencing a mental health or substance use disorder abuse 
17crisis.

18(Source: P.A. 98-195, eff. 8-7-13.)

19 (405 ILCS 105/25)

20 Sec. 25. Objectives of the training program. The Illinois 
21Mental Health First Aid training program shall be designed to 
22train individuals to accomplish the following objectives as 
23deemed appropriate for the individuals to be trained, taking 
24into consideration the individual's age:
 
 
SB2834- 311 -LRB100 16078 KTG 33917 b


1  (1) Build mental health, alcohol abuse, and substance 
2 use disorder abuse literacy designed to help the public 
3 identify, understand, and respond to the signs of mental 
4 illness , alcohol abuse, and substance use disorders abuse.
5  (2) Assist someone who is believed to be developing or 
6 has developed a mental health disorder or a substance use 
7 an alcohol or substance abuse disorder or who is believed 
8 to be experiencing a mental health disorder or a substance 
9 use disorder an alcohol or substance abuse crisis. Such 
10 assistance shall include the following:
11   (A) Knowing how to recognize the symptoms of a 
12 mental health disorder or a substance use an alcohol or 
13 substance abuse disorder.
14   (B) Knowing how to provide initial help.
15   (C) Knowing how to guide individuals requiring 
16 assistance toward appropriate professional help, 
17 including help for individuals who may be in crisis.
18   (D) Knowing how to provide comfort to the person 
19 experiencing a mental health disorder or a substance 
20 use an alcohol or substance abuse disorder.
21   (E) Knowing how to prevent a mental health disorder 
22 or a substance use an alcohol or substance abuse 
23 disorder from deteriorating into a more serious 
24 condition which may lead to more costly interventions 
25 and treatments.
26   (F) Knowing how to promote healing, recovery, and 
 
 
SB2834- 312 -LRB100 16078 KTG 33917 b


1 good mental health.

2(Source: P.A. 98-195, eff. 8-7-13.)

3 (405 ILCS 105/35)

4 Sec. 35. Evaluation. The Department of Human Services, as 
5the Illinois Mental Health First Aid training authority, shall 
6ensure that evaluative criteria are established which measure 
7the distribution of the training grants and the fidelity of the 
8training processes to the objective of building mental health, 
9alcohol abuse, and substance use disorder abuse literacy 
10designed to help the public identify, understand, and respond 
11to the signs of mental illness, alcohol abuse, and substance 
12use disorders abuse.

13(Source: P.A. 98-195, eff. 8-7-13.)

14 Section 85. The Consent by Minors to Medical Procedures Act 
15is amended by changing Section 4 as follows:



16 (410 ILCS 210/4) (from Ch. 111, par. 4504)



17 Sec. 4. Sexually transmitted disease; drug or alcohol 
18abuse. 
Notwithstanding any other provision of law, a minor 12 
19years of
age or older who may have come into contact with any 
20sexually transmitted disease, or
may be determined to be an 
21intoxicated person or a person with a substance use disorder, 
22as defined in the Substance Use Disorder Act, an addict, an 
23alcoholic or an intoxicated person,
as defined in the 
 
 
SB2834- 313 -LRB100 16078 KTG 33917 b


1Alcoholism and Other Drug Abuse and
Dependency Act, or who
may 
2have a family member who abuses drugs or alcohol, may give 
3consent to
the furnishing of health care services or counseling 
4related to the diagnosis or
treatment of the disease. Each 
5incident of sexually transmitted disease shall be
reported to 
6the State Department of Public Health or the local board of

7health in accordance with regulations adopted under statute or 
8ordinance.
The consent of the parent, parents, or legal 
9guardian of a minor shall not
be necessary to authorize health 
10care services or counseling related to the
diagnosis or 
11treatment of sexually transmitted disease or drug
use or 
12alcohol
consumption by the minor or the effects on the minor of 
13drug or alcohol
abuse by a member of the minor's family. The 
14consent of the minor shall be
valid and binding as if the minor 
15had achieved his or her majority. The
consent shall not be 
16voidable nor subject to later disaffirmance because
of 
17minority.

18 Anyone involved in the furnishing of health services care 
19to the minor or
counseling related to the diagnosis or 
20treatment of the minor's disease or
drug or alcohol use by the 
21minor or a member of the minor's family shall,
upon the minor's 
22consent, make reasonable efforts, to involve the family of
the 
23minor in his or her treatment, if the person furnishing 
24treatment
believes that the involvement of the family will not 
25be detrimental to the
progress and care of the minor. 
26Reasonable effort shall be extended to
assist the minor in 
 
 
SB2834- 314 -LRB100 16078 KTG 33917 b


1accepting the involvement of his or her family in the
care and 
2treatment being given.

3(Source: P.A. 100-378, eff. 1-1-18.)


4 Section 90. The Juvenile Court Act of 1987 is amended by 
5changing Sections 4-3, 5-615, and 5-710 as follows:




6 (705 ILCS 405/4-3) (from Ch. 37, par. 804-3)



7 Sec. 4-3. Addicted minor. Those who are addicted include 
8any minor
who has a substance use disorder as defined in the 
9Substance Use Disorder Act. is an addict or an alcoholic as 
10defined in the Alcoholism and
Other Drug Abuse and Dependency 
11Act.

12(Source: P.A. 88-670, eff. 12-2-94.)





13 (705 ILCS 405/5-615)


14 Sec. 5-615. Continuance under supervision. 

15 (1) The court may enter an order of continuance under 
16supervision for an
offense other than first degree murder, a 
17Class X felony or a forcible felony:
18  (a) upon an admission or stipulation by the appropriate 
19 respondent or minor
respondent of the facts supporting the

20 petition and before the court makes a finding of 
21 delinquency, and in the absence of objection made in open 
22 court by the
minor, his or her parent, guardian, or legal 
23 custodian, the minor's attorney or
the
State's Attorney; or

 
 
SB2834- 315 -LRB100 16078 KTG 33917 b


1  (b) upon a finding of delinquency and after considering 
2 the circumstances of the offense and the history, 
3 character, and condition of the minor, if the court is of 
4 the opinion that:
5   (i) the minor is not likely to commit further 
6 crimes;
7   (ii) the minor and the public would be best served 
8 if the minor were not to receive a criminal record; and
9   (iii) in the best interests of justice an order of 
10 continuance under supervision is more appropriate than 
11 a sentence otherwise permitted under this Act. 
12 (2) (Blank).

13 (3) Nothing in this Section limits the power of the court 
14to order a
continuance of the hearing for the production of 
15additional evidence or for any
other proper reason.

16 (4) When a hearing where a minor is alleged to be a 
17delinquent is
continued
pursuant to this Section, the period of 
18continuance under supervision may not
exceed 24 months. The 
19court may terminate a continuance under supervision at
any time 
20if warranted by the conduct of the minor and the ends of 
21justice or vacate the finding of delinquency or both.

22 (5) When a hearing where a minor is alleged to be 
23delinquent is continued
pursuant to this Section, the court 
24may, as conditions of the continuance under
supervision, 
25require the minor to do any of the following:

26  (a) not violate any criminal statute of any 
 
 
SB2834- 316 -LRB100 16078 KTG 33917 b


1 jurisdiction;

2  (b) make a report to and appear in person before any 
3 person or agency as
directed by the court;

4  (c) work or pursue a course of study or vocational 
5 training;

6  (d) undergo medical or psychotherapeutic treatment 
7 rendered by a therapist
licensed under the provisions of 
8 the Medical Practice Act of 1987, the
Clinical Psychologist 
9 Licensing Act, or the Clinical Social Work and Social
Work 
10 Practice Act, or an entity licensed by the Department of 
11 Human Services as
a successor to the Department of 
12 Alcoholism and Substance Abuse, for the
provision of 
13 substance use disorder services as defined in Section 1-10 
14 of the Substance Use Disorder Act drug addiction and 
15 alcoholism treatment;

16  (e) attend or reside in a facility established for the 
17 instruction or
residence of persons on probation;

18  (f) support his or her dependents, if any;

19  (g) pay costs;

20  (h) refrain from possessing a firearm or other 
21 dangerous weapon, or an
automobile;

22  (i) permit the probation officer to visit him or her at 
23 his or her home or
elsewhere;

24  (j) reside with his or her parents or in a foster home;

25  (k) attend school;

26  (k-5) with the consent of the superintendent
of the

 
 
SB2834- 317 -LRB100 16078 KTG 33917 b


1 facility, attend an educational program at a facility other 
2 than the school
in which the
offense was committed if he
or 
3 she committed a crime of violence as
defined in
Section 2 
4 of the Crime Victims Compensation Act in a school, on the

5 real
property
comprising a school, or within 1,000 feet of 
6 the real property comprising a
school;

7  (l) attend a non-residential program for youth;

8  (m) contribute to his or her own support at home or in 
9 a foster home;

10  (n) perform some reasonable public or community 
11 service;

12  (o) make restitution to the victim, in the same manner 
13 and under the same
conditions as provided in subsection (4) 
14 of Section 5-710, except that the
"sentencing hearing" 
15 referred
to in that Section shall be the adjudicatory 
16 hearing for purposes of this
Section;

17  (p) comply with curfew requirements as designated by 
18 the court;

19  (q) refrain from entering into a designated geographic 
20 area except upon
terms as the court finds appropriate. The 
21 terms may include consideration of
the purpose of the 
22 entry, the time of day, other persons accompanying the

23 minor, and advance approval by a probation officer;

24  (r) refrain from having any contact, directly or 
25 indirectly, with certain
specified persons or particular 
26 types of persons, including but not limited to
members of 
 
 
SB2834- 318 -LRB100 16078 KTG 33917 b


1 street gangs and drug users or dealers;

2  (r-5) undergo a medical or other procedure to have a 
3 tattoo symbolizing
allegiance to a street gang removed from 
4 his or her body;

5  (s) refrain from having in his or her body the presence 
6 of any illicit
drug
prohibited by the Cannabis Control Act, 
7 the Illinois Controlled Substances
Act, or the 
8 Methamphetamine Control and Community Protection Act, 
9 unless prescribed by a physician, and submit samples of his 
10 or her blood
or urine or both for tests to determine the 
11 presence of any illicit drug; or

12  (t) comply with any other conditions as may be ordered 
13 by the court.

14 (6) A minor whose case is continued under supervision under 
15subsection (5)
shall be given a certificate setting forth the 
16conditions imposed by the court.
Those conditions may be 
17reduced, enlarged, or modified by the court on motion
of the 
18probation officer or on its own motion, or that of the State's 
19Attorney,
or, at the request of the minor after notice and 
20hearing.

21 (7) If a petition is filed charging a violation of a 
22condition of the
continuance under supervision, the court shall 
23conduct a hearing. If the court
finds that a condition of 
24supervision has not been fulfilled, the court may
proceed to 
25findings, adjudication, and disposition or adjudication and 
26disposition. The filing of a petition
for violation of a 
 
 
SB2834- 319 -LRB100 16078 KTG 33917 b


1condition of the continuance under supervision shall toll
the 
2period of continuance under supervision until the final 
3determination of
the charge, and the term of the continuance 
4under supervision shall not run
until the hearing and 
5disposition of the petition for violation; provided
where the 
6petition alleges conduct that does not constitute a criminal 
7offense,
the hearing must be held within 30 days of the filing 
8of the petition unless a
delay shall continue the tolling of 
9the period of continuance under supervision
for the period of

10the delay.

11 (8) When a hearing in which a minor is alleged to be a 
12delinquent for
reasons that include a violation of Section 
1321-1.3 of the Criminal Code of 1961 or the Criminal Code of 
142012
is continued under this Section, the court shall, as a 
15condition of the
continuance under supervision, require the 
16minor to perform community service
for not less than 30 and not 
17more than 120 hours, if community service is
available in the 
18jurisdiction. The community service shall include, but need
not 
19be limited to, the cleanup and repair of the damage that was 
20caused by the
alleged violation or similar damage to property 
21located in the municipality or
county in which the alleged 
22violation occurred. The condition may be in
addition to any 
23other condition.

24 (8.5) When a hearing in which a minor is alleged to be a 
25delinquent for
reasons
that include a violation of Section 3.02 
26or Section 3.03 of the Humane Care for
Animals Act or paragraph 
 
 
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1(d) of subsection (1)
of Section
21-1 of the Criminal Code of 
21961 or paragraph (4) of subsection (a) of Section 21-1 or the 
3Criminal Code of 2012 is continued under this Section, the 
4court
shall, as a
condition of the continuance under 
5supervision, require the minor to undergo
medical or

6psychiatric treatment rendered by a psychiatrist or 
7psychological treatment
rendered by a
clinical psychologist. 
8The condition may be in addition to any other
condition.

9 (9) When a hearing in which a minor is alleged to be a 
10delinquent is
continued under this Section, the court, before 
11continuing the case, shall make
a finding whether the offense 
12alleged to have been committed either: (i) was
related to or in 
13furtherance of the activities of an organized gang or was

14motivated by the minor's membership in or allegiance to an 
15organized gang, or
(ii) is a violation of paragraph (13) of 
16subsection (a) of Section 12-2 or paragraph (2) of subsection 
17(c) of Section 12-2 of the
Criminal Code of 1961 or the 
18Criminal Code of 2012, a violation of any Section of Article 24 
19of the
Criminal Code of 1961 or the Criminal Code of 2012, or a 
20violation of any statute that involved the unlawful
use of a 
21firearm. If the court determines the question in the 
22affirmative the
court shall, as a condition of the continuance 
23under supervision and as part of
or in addition to any other 
24condition of the supervision,
require the minor to perform 
25community service for not less than 30 hours,
provided that 
26community service is available in the
jurisdiction and is 
 
 
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1funded and approved by the county board of the county where
the 
2offense was committed. The community service shall include, but 
3need not
be limited to, the cleanup and repair of any damage 
4caused by an alleged
violation of Section 21-1.3 of the 
5Criminal Code of 1961 or the Criminal Code of 2012 and similar 
6damage to
property located in the municipality or county in 
7which the alleged violation
occurred. When possible and 
8reasonable, the community service shall be
performed in the 
9minor's neighborhood. For the purposes of this Section,

10"organized gang" has the meaning ascribed to it in Section 10 
11of the Illinois
Streetgang Terrorism Omnibus Prevention Act.

12 (10) The court shall impose upon a minor placed on 
13supervision, as a
condition of the supervision, a fee of $50 
14for each month of supervision
ordered by the court, unless 
15after determining the inability of the minor
placed on 
16supervision to pay the fee, the court assesses a lesser amount. 
17The
court may not impose the fee on a minor who is placed in the 
18guardianship or custody of the Department of Children and 
19Family Services under
this Act while the minor is in placement. 
20The fee shall be imposed only upon a
minor who is actively 
21supervised by the probation and court services
department. A 
22court may order the parent, guardian, or legal custodian of the

23minor to pay some or all of the fee on the minor's behalf.

24 (11) If a minor is placed on supervision for a violation of

25subsection (a-7) of Section 1 of the Prevention of Tobacco Use 
26by Minors Act, the
court may, in its discretion, and upon

 
 
SB2834- 322 -LRB100 16078 KTG 33917 b


1recommendation by the State's Attorney, order that minor and 
2his or her parents
or legal
guardian to attend a smoker's 
3education or youth diversion program as defined
in that Act if 
4that
program is available in the jurisdiction where the 
5offender resides.
Attendance at a smoker's education or youth 
6diversion program
shall be time-credited against any community 
7service time imposed for any
first violation of subsection 
8(a-7) of Section 1 of that Act. In addition to any
other

9penalty
that the court may impose for a violation of subsection 
10(a-7) of Section 1 of
that Act, the
court, upon request by the 
11State's Attorney, may in its discretion
require
the offender to 
12remit a fee for his or her attendance at a smoker's
education 
13or
youth diversion program.

14 For purposes of this Section, "smoker's education program" 
15or "youth
diversion program" includes, but is not limited to, a 
16seminar designed to
educate a person on the physical and 
17psychological effects of smoking tobacco
products and the 
18health consequences of smoking tobacco products that can be

19conducted with a locality's youth diversion program.

20 In addition to any other penalty that the court may impose 
21under this
subsection
(11):

22  (a) If a minor violates subsection (a-7) of Section 1 
23 of the Prevention of
Tobacco Use by Minors Act, the court 
24 may
impose a sentence of 15 hours of
community service or a 
25 fine of $25 for a first violation.

26  (b) A second violation by a minor of subsection (a-7) 
 
 
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1 of Section 1 of that Act
that occurs
within 12 months after 
2 the first violation is punishable by a fine of $50 and
25

3 hours of community service.

4  (c) A third or subsequent violation by a minor of 
5 subsection (a-7) of Section
1 of that Act
that
occurs 
6 within 12 months after the first violation is punishable by 
7 a $100
fine
and 30 hours of community service.

8  (d) Any second or subsequent violation not within the 
9 12-month time period
after the first violation is 
10 punishable as provided for a first violation.

11(Source: P.A. 100-159, eff. 8-18-17.)




12 (705 ILCS 405/5-710)

13 Sec. 5-710. Kinds of sentencing orders. 

14 (1) The following kinds of sentencing orders may be made in 
15respect of
wards of the court:

16  (a) Except as provided in Sections 5-805, 5-810, and 
17 5-815, a minor who is
found
guilty under Section 5-620 may 
18 be:

19   (i) put on probation or conditional discharge and 
20 released to his or her
parents, guardian or legal 
21 custodian, provided, however, that any such minor
who 
22 is not committed to the Department of Juvenile Justice 
23 under
this subsection and who is found to be a 
24 delinquent for an offense which is
first degree murder, 
25 a Class X felony, or a forcible felony shall be placed 
 
 
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1 on
probation;

2   (ii) placed in accordance with Section 5-740, with 
3 or without also being
put on probation or conditional 
4 discharge;

5   (iii) required to undergo a substance abuse 
6 assessment conducted by a
licensed provider and 
7 participate in the indicated clinical level of care;

8   (iv) on and after the effective date of this 
9 amendatory Act of the 98th General Assembly and before 
10 January 1, 2017, placed in the guardianship of the 
11 Department of Children and Family
Services, but only if 
12 the delinquent minor is under 16 years of age or, 
13 pursuant to Article II of this Act, a minor for whom an 
14 independent basis of abuse, neglect, or dependency 
15 exists. On and after January 1, 2017, placed in the 
16 guardianship of the Department of Children and Family

17 Services, but only if the delinquent minor is under 15 
18 years of age or, pursuant to Article II of this Act, a 
19 minor for whom an independent basis of abuse, neglect, 
20 or dependency exists. An independent basis exists when 
21 the allegations or adjudication of abuse, neglect, or 
22 dependency do not arise from the same facts, incident, 
23 or circumstances which give rise to a charge or 
24 adjudication of delinquency;

25   (v) placed in detention for a period not to exceed 
26 30 days, either as
the
exclusive order of disposition 
 
 
SB2834- 325 -LRB100 16078 KTG 33917 b


1 or, where appropriate, in conjunction with any
other 
2 order of disposition issued under this paragraph, 
3 provided that any such
detention shall be in a juvenile 
4 detention home and the minor so detained shall
be 10 
5 years of age or older. However, the 30-day limitation 
6 may be extended by
further order of the court for a 
7 minor under age 15 committed to the Department
of 
8 Children and Family Services if the court finds that 
9 the minor is a danger
to himself or others. The minor 
10 shall be given credit on the sentencing order
of 
11 detention for time spent in detention under Sections 
12 5-501, 5-601, 5-710, or
5-720 of this
Article as a 
13 result of the offense for which the sentencing order 
14 was imposed.
The court may grant credit on a sentencing 
15 order of detention entered under a
violation of 
16 probation or violation of conditional discharge under 
17 Section
5-720 of this Article for time spent in 
18 detention before the filing of the
petition
alleging 
19 the violation. A minor shall not be deprived of credit 
20 for time spent
in detention before the filing of a 
21 violation of probation or conditional
discharge 
22 alleging the same or related act or acts. The 
23 limitation that the minor shall only be placed in a 
24 juvenile detention home does not apply as follows:
25   Persons 18 years of age and older who have a 
26 petition of delinquency filed against them may be 
 
 
SB2834- 326 -LRB100 16078 KTG 33917 b


1 confined in an adult detention facility. In making a 
2 determination whether to confine a person 18 years of 
3 age or older who has a petition of delinquency filed 
4 against the person, these factors, among other 
5 matters, shall be considered:
6    (A) the age of the person;
7    (B) any previous delinquent or criminal 
8 history of the person;
9    (C) any previous abuse or neglect history of 
10 the person;
11    (D) any mental health history of the person; 
12 and
13    (E) any educational history of the person;

14   (vi) ordered partially or completely emancipated 
15 in accordance with the
provisions of the Emancipation 
16 of Minors Act;

17   (vii) subject to having his or her driver's license 
18 or driving
privileges
suspended for such time as 
19 determined by the court but only until he or she

20 attains 18 years of age;

21   (viii) put on probation or conditional discharge 
22 and placed in detention
under Section 3-6039 of the 
23 Counties Code for a period not to exceed the period
of 
24 incarceration permitted by law for adults found guilty 
25 of the same offense
or offenses for which the minor was 
26 adjudicated delinquent, and in any event no
longer than 
 
 
SB2834- 327 -LRB100 16078 KTG 33917 b


1 upon attainment of age 21; this subdivision (viii) 
2 notwithstanding
any contrary provision of the law; 

3   (ix) ordered to undergo a medical or other 
4 procedure to have a tattoo
symbolizing allegiance to a 
5 street gang removed from his or her body; or
6   (x) placed in electronic monitoring or home 
7 detention under Part 7A of this Article.

8  (b) A minor found to be guilty may be committed to the 
9 Department of
Juvenile Justice under Section 5-750 if the 
10 minor is at least 13 years and under 20 years of age,

11 provided that the commitment to the Department of Juvenile 
12 Justice shall be made only if the minor was found guilty of 
13 a felony offense or first degree murder. The court shall 
14 include in the sentencing order any pre-custody credits the 
15 minor is entitled to under Section 5-4.5-100 of the Unified 
16 Code of Corrections. The time during which a minor is in 
17 custody before being released
upon the request of a parent, 
18 guardian or legal custodian shall also be considered
as 
19 time spent in custody.

20  (c) When a minor is found to be guilty for an offense 
21 which is a violation
of the Illinois Controlled Substances 
22 Act, the Cannabis Control Act, or the Methamphetamine 
23 Control and Community Protection Act and made
a ward of the 
24 court, the court may enter a disposition order requiring 
25 the
minor to undergo assessment,
counseling or treatment in 
26 a substance use disorder treatment program substance abuse 
 
 
SB2834- 328 -LRB100 16078 KTG 33917 b


1 program approved by the Department
of Human Services.

2 (2) Any sentencing order other than commitment to the 
3Department of
Juvenile Justice may provide for protective 
4supervision under
Section 5-725 and may include an order of 
5protection under Section 5-730.

6 (3) Unless the sentencing order expressly so provides, it 
7does not operate
to close proceedings on the pending petition, 
8but is subject to modification
until final closing and 
9discharge of the proceedings under Section 5-750.

10 (4) In addition to any other sentence, the court may order 
11any
minor
found to be delinquent to make restitution, in 
12monetary or non-monetary form,
under the terms and conditions 
13of Section 5-5-6 of the Unified Code of
Corrections, except 
14that the "presentencing hearing" referred to in that
Section

15shall be
the sentencing hearing for purposes of this Section. 
16The parent, guardian or
legal custodian of the minor may be 
17ordered by the court to pay some or all of
the restitution on 
18the minor's behalf, pursuant to the Parental Responsibility

19Law. The State's Attorney is authorized to act
on behalf of any 
20victim in seeking restitution in proceedings under this

21Section, up to the maximum amount allowed in Section 5 of the 
22Parental
Responsibility Law.

23 (5) Any sentencing order where the minor is committed or 
24placed in
accordance
with Section 5-740 shall provide for the 
25parents or guardian of the estate of
the minor to pay to the 
26legal custodian or guardian of the person of the minor
such 
 
 
SB2834- 329 -LRB100 16078 KTG 33917 b


1sums as are determined by the custodian or guardian of the 
2person of the
minor as necessary for the minor's needs. The 
3payments may not exceed the
maximum amounts provided for by 
4Section 9.1 of the Children and Family Services
Act.

5 (6) Whenever the sentencing order requires the minor to 
6attend school or
participate in a program of training, the 
7truant officer or designated school
official shall regularly 
8report to the court if the minor is a chronic or
habitual 
9truant under Section 26-2a of the School Code. Notwithstanding 
10any other provision of this Act, in instances in which 
11educational services are to be provided to a minor in a 
12residential facility where the minor has been placed by the 
13court, costs incurred in the provision of those educational 
14services must be allocated based on the requirements of the 
15School Code. 

16 (7) In no event shall a guilty minor be committed to the 
17Department of
Juvenile Justice for a period of time in
excess 
18of
that period for which an adult could be committed for the 
19same act. The court shall include in the sentencing order a 
20limitation on the period of confinement not to exceed the 
21maximum period of imprisonment the court could impose under 
22Article V of the Unified Code of Corrections. 

23 (7.5) In no event shall a guilty minor be committed to the 
24Department of Juvenile Justice or placed in detention when the 
25act for which the minor was adjudicated delinquent would not be 
26illegal if committed by an adult. 
 
 
SB2834- 330 -LRB100 16078 KTG 33917 b


1 (7.6) In no event shall a guilty minor be committed to the 
2Department of Juvenile Justice for an offense which is a Class 
34 felony under Section 19-4 (criminal trespass to a residence), 
421-1 (criminal damage to property), 21-1.01 (criminal damage to 
5government supported property), 21-1.3 (criminal defacement of 
6property), 26-1 (disorderly conduct), or 31-4 (obstructing 
7justice) of the Criminal Code of 2012. 
8 (7.75) In no event shall a guilty minor be committed to the 
9Department of Juvenile Justice for an offense that is a Class 3 
10or Class 4 felony violation of the Illinois Controlled 
11Substances Act unless the commitment occurs upon a third or 
12subsequent judicial finding of a violation of probation for 
13substantial noncompliance with court-ordered treatment or 
14programming.
15 (8) A minor found to be guilty for reasons that include a 
16violation of
Section 21-1.3 of the Criminal Code of 1961 or the 
17Criminal Code of 2012 shall be ordered to perform
community 
18service for not less than 30 and not more than 120 hours, if

19community service is available in the jurisdiction. The 
20community service
shall include, but need not be limited to, 
21the cleanup and repair of the damage
that was caused by the 
22violation or similar damage to property located in the

23municipality or county in which the violation occurred. The 
24order may be in
addition to any other order authorized by this 
25Section.

26 (8.5) A minor found to be guilty for reasons that include a 
 
 
SB2834- 331 -LRB100 16078 KTG 33917 b


1violation of
Section
3.02 or Section 3.03 of the Humane Care 
2for Animals Act or paragraph (d) of
subsection (1) of
Section 
321-1 of
the Criminal Code
of
1961 or paragraph (4) of 
4subsection (a) of Section 21-1 of the Criminal Code of 2012 
5shall be ordered to undergo medical or psychiatric treatment 
6rendered by
a
psychiatrist or psychological treatment rendered 
7by a clinical psychologist.
The order
may be in addition to any 
8other order authorized by this Section.

9 (9) In addition to any other sentencing order, the court 
10shall order any
minor found
to be guilty for an act which would 
11constitute, predatory criminal sexual
assault of a child, 
12aggravated criminal sexual assault, criminal sexual
assault, 
13aggravated criminal sexual abuse, or criminal sexual abuse if

14committed by an
adult to undergo medical testing to determine 
15whether the defendant has any
sexually transmissible disease 
16including a test for infection with human
immunodeficiency 
17virus (HIV) or any other identified causative agency of

18acquired immunodeficiency syndrome (AIDS). Any medical test 
19shall be performed
only by appropriately licensed medical 
20practitioners and may include an
analysis of any bodily fluids 
21as well as an examination of the minor's person.
Except as 
22otherwise provided by law, the results of the test shall be 
23kept
strictly confidential by all medical personnel involved in 
24the testing and must
be personally delivered in a sealed 
25envelope to the judge of the court in which
the sentencing 
26order was entered for the judge's inspection in camera. Acting

 
 
SB2834- 332 -LRB100 16078 KTG 33917 b


1in accordance with the best interests of the victim and the 
2public, the judge
shall have the discretion to determine to 
3whom the results of the testing may
be revealed. The court 
4shall notify the minor of the results of the test for
infection 
5with the human immunodeficiency virus (HIV). The court shall 
6also
notify the victim if requested by the victim, and if the 
7victim is under the
age of 15 and if requested by the victim's 
8parents or legal guardian, the court
shall notify the victim's 
9parents or the legal guardian, of the results of the
test for 
10infection with the human immunodeficiency virus (HIV). The 
11court
shall provide information on the availability of HIV 
12testing and counseling at
the Department of Public Health 
13facilities to all parties to whom the
results of the testing 
14are revealed. The court shall order that the cost of
any test 
15shall be paid by the county and may be taxed as costs against 
16the
minor.

17 (10) When a court finds a minor to be guilty the court 
18shall, before
entering a sentencing order under this Section, 
19make a finding whether the
offense committed either: (a) was 
20related to or in furtherance of the criminal
activities of an 
21organized gang or was motivated by the minor's membership in
or 
22allegiance to an organized gang, or (b) involved a violation of

23subsection (a) of Section 12-7.1 of the Criminal Code of 1961 
24or the Criminal Code of 2012, a violation of
any
Section of 
25Article 24 of the Criminal Code of 1961 or the Criminal Code of 
262012, or a violation of any
statute that involved the wrongful 
 
 
SB2834- 333 -LRB100 16078 KTG 33917 b


1use of a firearm. If the court determines
the question in the 
2affirmative,
and the court does not commit the minor to the 
3Department of Juvenile Justice, the court shall order the minor 
4to perform community service
for not less than 30 hours nor 
5more than 120 hours, provided that community
service is 
6available in the jurisdiction and is funded and approved by the

7county board of the county where the offense was committed. The 
8community
service shall include, but need not be limited to, 
9the cleanup and repair of
any damage caused by a violation of 
10Section 21-1.3 of the Criminal Code of 1961 or the Criminal 
11Code of 2012
and similar damage to property located in the 
12municipality or county in which
the violation occurred. When 
13possible and reasonable, the community service
shall be 
14performed in the minor's neighborhood. This order shall be in

15addition to any other order authorized by this Section
except 
16for an order to place the minor in the custody of the 
17Department of
Juvenile Justice. For the purposes of this 
18Section, "organized
gang" has the meaning ascribed to it in 
19Section 10 of the Illinois Streetgang
Terrorism Omnibus 
20Prevention Act.

21 (11) If the court determines that the offense was committed 
22in furtherance of the criminal activities of an organized gang, 
23as provided in subsection (10), and that the offense involved 
24the operation or use of a motor vehicle or the use of a 
25driver's license or permit, the court shall notify the 
26Secretary of State of that determination and of the period for 
 
 
SB2834- 334 -LRB100 16078 KTG 33917 b


1which the minor shall be denied driving privileges. If, at the 
2time of the determination, the minor does not hold a driver's 
3license or permit, the court shall provide that the minor shall 
4not be issued a driver's license or permit until his or her 
518th birthday. If the minor holds a driver's license or permit 
6at the time of the determination, the court shall provide that 
7the minor's driver's license or permit shall be revoked until 
8his or her 21st birthday, or until a later date or occurrence 
9determined by the court. If the minor holds a driver's license 
10at the time of the determination, the court may direct the 
11Secretary of State to issue the minor a judicial driving 
12permit, also known as a JDP. The JDP shall be subject to the 
13same terms as a JDP issued under Section 6-206.1 of the 
14Illinois Vehicle Code, except that the court may direct that 
15the JDP be effective immediately.

16 (12) If a minor is found to be guilty of a violation of

17subsection (a-7) of Section 1 of the Prevention of Tobacco Use 
18by Minors Act, the
court may, in its discretion, and upon

19recommendation by the State's Attorney, order that minor and 
20his or her parents
or legal
guardian to attend a smoker's 
21education or youth diversion program as defined
in that Act if 
22that
program is available in the jurisdiction where the 
23offender resides.
Attendance at a smoker's education or youth 
24diversion program
shall be time-credited against any community 
25service time imposed for any
first violation of subsection 
26(a-7) of Section 1 of that Act. In addition to any
other

 
 
SB2834- 335 -LRB100 16078 KTG 33917 b


1penalty
that the court may impose for a violation of subsection 
2(a-7) of Section 1 of
that Act, the
court, upon request by the 
3State's Attorney, may in its discretion
require
the offender to 
4remit a fee for his or her attendance at a smoker's
education 
5or
youth diversion program.

6 For purposes of this Section, "smoker's education program" 
7or "youth
diversion program" includes, but is not limited to, a 
8seminar designed to
educate a person on the physical and 
9psychological effects of smoking tobacco
products and the 
10health consequences of smoking tobacco products that can be

11conducted with a locality's youth diversion program.


12 In addition to any other penalty that the court may impose 
13under this
subsection
(12):


14  (a) If a minor violates subsection (a-7) of Section 1 
15 of the Prevention of
Tobacco Use by Minors Act, the court 
16 may
impose a sentence of 15 hours of
community service or a 
17 fine of $25 for a first violation.

18  (b) A second violation by a minor of subsection (a-7) 
19 of Section 1 of that Act
that occurs
within 12 months after 
20 the first violation is punishable by a fine of $50 and
25

21 hours of community service.

22  (c) A third or subsequent violation by a minor of 
23 subsection (a-7) of Section
1 of that Act
that
occurs 
24 within 12 months after the first violation is punishable by 
25 a $100
fine
and 30 hours of community service.

26  (d) Any second or subsequent violation not within the 
 
 
SB2834- 336 -LRB100 16078 KTG 33917 b


1 12-month time period
after the first violation is 
2 punishable as provided for a first violation.

3(Source: P.A. 99-268, eff. 1-1-16; 99-628, eff. 1-1-17; 99-879, 
4eff. 1-1-17; 100-201, eff. 8-18-17; 100-431, eff. 8-25-17.)

5 Section 95. The Criminal Code of 2012 is amended by 
6changing Section 29B-1 as follows:



7 (720 ILCS 5/29B-1) (from Ch. 38, par. 29B-1)



8 (Text of Section before amendment by P.A. 100-512)

9 Sec. 29B-1. (a) A person commits the offense of money 
10laundering: 

11  (1) when, knowing that the property involved in a 
12 financial transaction represents the proceeds of some form 
13 of unlawful activity, he or she conducts or attempts to 
14 conduct such a financial transaction which in fact involves 
15 criminally derived property:
16   (A) with the intent to promote the carrying on of 
17 the unlawful activity from which the criminally 
18 derived property was obtained; or
19   (B) where he or she knows or reasonably should know 
20 that the financial transaction is designed in whole or 
21 in part:
22    (i) to conceal or disguise the nature, the 
23 location, the source, the ownership or the control 
24 of the criminally derived property; or
 
 
SB2834- 337 -LRB100 16078 KTG 33917 b


1    (ii) to avoid a transaction reporting 
2 requirement under State law; or
3  (1.5) when he or she transports, transmits, or 
4 transfers, or attempts to transport, transmit, or transfer 
5 a monetary instrument:
6   (A) with the intent to promote the carrying on of 
7 the unlawful activity from which the criminally 
8 derived property was obtained; or
9   (B) knowing, or having reason to know, that the 
10 financial transaction is designed in whole or in part:
11    (i) to conceal or disguise the nature, the 
12 location, the source, the ownership or the control 
13 of the criminally derived property; or
14    (ii) to avoid a transaction reporting 
15 requirement under State law;
or

16  (2) when, with the intent to:

17   (A) promote the carrying on of a specified criminal 
18 activity as defined
in this Article; or

19   (B) conceal or disguise the nature, location, 
20 source, ownership, or
control of property believed to 
21 be the proceeds of a specified criminal
activity as 
22 defined by subdivision (b)(6); or
23   (C) avoid a transaction reporting requirement 
24 under State law,


25 he or she conducts or attempts to conduct a financial 
26 transaction
involving property he or she believes to be the 
 
 
SB2834- 338 -LRB100 16078 KTG 33917 b


1 proceeds of specified criminal
activity as defined by 
2 subdivision (b)(6) or property used to conduct or

3 facilitate specified criminal activity as defined by 
4 subdivision (b)(6).

5 (b) As used in this Section:

6  (0.5) "Knowing that the property involved in a 
7 financial transaction represents the proceeds of some form 
8 of unlawful activity" means that the person knew the 
9 property involved in the transaction represented proceeds 
10 from some form, though not necessarily which form, of 
11 activity that constitutes a felony under State, federal, or 
12 foreign law.

13  (1) "Financial transaction" means a purchase, sale, 
14 loan, pledge, gift,
transfer, delivery or other 
15 disposition utilizing criminally derived property,
and 
16 with respect to financial institutions, includes a 
17 deposit, withdrawal,
transfer between accounts, exchange 
18 of currency, loan, extension of credit,
purchase or sale of 
19 any stock, bond, certificate of deposit or other monetary

20 instrument, use of safe deposit box, or any other payment, 
21 transfer or delivery by, through, or to a
financial 
22 institution.
For purposes of clause (a)(2) of this Section, 
23 the term "financial
transaction" also
means a transaction 
24 which without regard to whether the funds, monetary

25 instruments, or real or personal property involved in the 
26 transaction are
criminally derived, any transaction which 
 
 
SB2834- 339 -LRB100 16078 KTG 33917 b


1 in any way or degree: (1) involves
the movement of funds by 
2 wire or any other means; (2) involves one or more
monetary 
3 instruments; or (3) the transfer of title to any real or 
4 personal
property.
The receipt by an attorney of bona fide 
5 fees for the purpose
of legal representation is not a 
6 financial transaction for purposes of this
Section.

7  (2) "Financial institution" means any bank; saving and 
8 loan
association; trust company; agency or branch of a 
9 foreign bank in the
United States; currency exchange; 
10 credit union, mortgage banking
institution; pawnbroker; 
11 loan or finance company; operator of a credit card
system; 
12 issuer, redeemer or cashier of travelers checks, checks or 
13 money
orders; dealer in precious metals, stones or jewels; 
14 broker or dealer in
securities or commodities; investment 
15 banker; or investment company.

16  (3) "Monetary instrument" means United States coins 
17 and currency;
coins and currency of a foreign country; 
18 travelers checks; personal checks,
bank checks, and money 
19 orders; investment securities; bearer
negotiable 
20 instruments; bearer investment securities; or bearer 
21 securities
and certificates of stock in such form that 
22 title thereto passes upon
delivery.

23  (4) "Criminally derived property" means: (A) any 
24 property, real or personal, constituting
or
derived from 
25 proceeds obtained, directly or indirectly, from activity 
26 that constitutes a felony under State, federal, or foreign 
 
 
SB2834- 340 -LRB100 16078 KTG 33917 b


1 law; or (B) any property
represented to be property 
2 constituting or derived from proceeds obtained,
directly 
3 or indirectly, from activity that constitutes a felony 
4 under State, federal, or foreign law. 

5  (5) "Conduct" or "conducts" includes, in addition to 
6 its ordinary
meaning, initiating, concluding, or 
7 participating in initiating or concluding
a transaction.


8  (6) "Specified criminal activity" means any violation 
9 of Section 29D-15.1
(720 ILCS 5/29D-15.1) and any violation 
10 of Article 29D of this Code.

11  (7) "Director" means the Director of State Police or 
12 his or her designated agents.
13  (8) "Department" means the Department of State Police 
14 of the State of Illinois or its successor agency.

15  (9) "Transaction reporting requirement under State 
16 law" means any violation as defined under the Currency 
17 Reporting Act.

18 (c) Sentence.

19  (1) Laundering of criminally derived property of a 
20 value not exceeding
$10,000 is a Class 3 felony;

21  (2) Laundering of criminally derived property of a 
22 value exceeding
$10,000 but not exceeding $100,000 is a 
23 Class 2 felony;

24  (3) Laundering of criminally derived property of a 
25 value exceeding
$100,000 but not exceeding $500,000 is a 
26 Class 1 felony;

 
 
SB2834- 341 -LRB100 16078 KTG 33917 b


1  (4) Money laundering in violation of subsection (a)(2) 
2 of this Section
is a Class X felony;

3  (5) Laundering of criminally derived property of a 
4 value exceeding
$500,000 is a
Class 1 non-probationable 
5 felony;

6  (6) In a prosecution under clause (a)(1.5)(B)(ii) of 
7 this Section, the sentences are as follows:
8   (A) Laundering of property of a value not exceeding 
9 $10,000 is a Class 3 felony;
10   (B) Laundering of property of a value exceeding 
11 $10,000 but not exceeding $100,000 is a Class 2 felony;
12   (C) Laundering of property of a value exceeding 
13 $100,000 but not exceeding $500,000 is a Class 1 
14 felony;
15   (D) Laundering of property of a value exceeding 
16 $500,000 is a Class 1 non-probationable felony. 
17 (d) Evidence. In a prosecution under this Article, either 
18party may introduce the following evidence pertaining to the 
19issue of whether the property or proceeds were known to be some 
20form of criminally derived property or from some form of 
21unlawful activity:
22  (1) A financial transaction was conducted or 
23 structured or attempted in violation of the reporting 
24 requirements of any State or federal law; or
25  (2) A financial transaction was conducted or attempted 
26 with the use of a false or fictitious name or a forged 
 
 
SB2834- 342 -LRB100 16078 KTG 33917 b


1 instrument; or
2  (3) A falsely altered or completed written instrument 
3 or a written instrument that contains any materially false 
4 personal identifying information was made, used, offered 
5 or presented, whether accepted or not, in connection with a 
6 financial transaction; or
7  (4) A financial transaction was structured or 
8 attempted to be structured so as to falsely report the 
9 actual consideration or value of the transaction; or
10  (5) A money transmitter, a person engaged in a trade or 
11 business or any employee of a money transmitter or a person 
12 engaged in a trade or business, knows or reasonably should 
13 know that false personal identifying information has been 
14 presented and incorporates the false personal identifying 
15 information into any report or record; or
16  (6) The criminally derived property is transported or 
17 possessed in a fashion inconsistent with the ordinary or 
18 usual means of transportation or possession of such 
19 property and where the property is discovered in the 
20 absence of any documentation or other indicia of legitimate 
21 origin or right to such property; or
22  (7) A person pays or receives substantially less than 
23 face value for one or more monetary instruments; or
24  (8) A person engages in a transaction involving one or 
25 more monetary instruments, where the physical condition or 
26 form of the monetary instrument or instruments makes it 
 
 
SB2834- 343 -LRB100 16078 KTG 33917 b


1 apparent that they are not the product of bona fide 
2 business or financial transactions.
3 (e) Duty to enforce this Article.
4  (1) It is the duty of the Department of State Police, 
5 and its agents, officers, and investigators, to enforce all 
6 provisions of this Article, except those specifically 
7 delegated, and to cooperate with all agencies charged with 
8 the enforcement of the laws of the United States, or of any 
9 state, relating to money laundering. Only an agent, 
10 officer, or investigator designated by the Director may be 
11 authorized in accordance with this Section to serve seizure 
12 notices, warrants, subpoenas, and summonses under the 
13 authority of this State.
14  (2) Any agent, officer, investigator, or peace officer 
15 designated by the Director may: (A) make seizure of 
16 property pursuant to the provisions of this Article; and 
17 (B) perform such other law enforcement duties as the 
18 Director designates. It is the duty of all State's 
19 Attorneys to prosecute violations of this Article and 
20 institute legal proceedings as authorized under this 
21 Article.
22 (f) Protective orders.
23  (1) Upon application of the State, the court may enter 
24 a restraining order or injunction, require the execution of 
25 a satisfactory performance bond, or take any other action 
26 to preserve the availability of property described in 
 
 
SB2834- 344 -LRB100 16078 KTG 33917 b


1 subsection (h) for forfeiture under this Article:
2   (A) upon the filing of an indictment, information, 
3 or complaint charging a violation of this Article for 
4 which forfeiture may be ordered under this Article and 
5 alleging that the property with respect to which the 
6 order is sought would be subject to forfeiture under 
7 this Article; or

8   (B) prior to the filing of such an indictment, 
9 information, or complaint, if, after notice to persons 
10 appearing to have an interest in the property and 
11 opportunity for a hearing, the court determines that:
12    (i) there is probable cause to believe that the 
13 State will prevail on the issue of forfeiture and 
14 that failure to enter the order will result in the 
15 property being destroyed, removed from the 
16 jurisdiction of the court, or otherwise made 
17 unavailable for forfeiture; and
18    (ii) the need to preserve the availability of 
19 the property through the entry of the requested 
20 order outweighs the hardship on any party against 
21 whom the order is to be entered.
22   Provided, however, that an order entered pursuant 
23 to subparagraph (B) shall be effective for not more 
24 than 90 days, unless extended by the court for good 
25 cause shown or unless an indictment, information, 
26 complaint, or administrative notice has been filed.
 
 
SB2834- 345 -LRB100 16078 KTG 33917 b


1  (2) A temporary restraining order under this 
2 subsection may be entered upon application of the State 
3 without notice or opportunity for a hearing when an 
4 indictment, information, complaint, or administrative 
5 notice has not yet been filed with respect to the property, 
6 if the State demonstrates that there is probable cause to 
7 believe that the property with respect to which the order 
8 is sought would be subject to forfeiture under this Section 
9 and that provision of notice will jeopardize the 
10 availability of the property for forfeiture. Such a 
11 temporary order shall expire not more than 30 days after 
12 the date on which it is entered, unless extended for good 
13 cause shown or unless the party against whom it is entered 
14 consents to an extension for a longer period. A hearing 
15 requested concerning an order entered under this paragraph 
16 shall be held at the earliest possible time and prior to 
17 the expiration of the temporary order.
18  (3) The court may receive and consider, at a hearing 
19 held pursuant to this subsection (f), evidence and 
20 information that would be inadmissible under the Illinois 
21 rules of evidence.

22  (4) Order to repatriate and deposit.
23   (A) In general. Pursuant to its authority to enter 
24 a pretrial restraining order under this Section, the 
25 court may order a defendant to repatriate any property 
26 that may be seized and forfeited and to deposit that 
 
 
SB2834- 346 -LRB100 16078 KTG 33917 b


1 property pending trial with the Illinois State Police 
2 or another law enforcement agency designated by the 
3 Illinois State Police.
4   (B) Failure to comply. Failure to comply with an 
5 order under this subsection (f) is punishable as a 
6 civil or criminal contempt of court.

7 (g) Warrant of seizure. The State may request the issuance 
8of a warrant authorizing the seizure of property described in 
9subsection (h) in the same manner as provided for a search 
10warrant. If the court determines that there is probable cause 
11to believe that the property to be seized would be subject to 
12forfeiture, the court shall issue a warrant authorizing the 
13seizure of such property.
14 (h) Forfeiture.
15  (1) The following are subject to forfeiture:
16   (A) any property, real or personal, constituting, 
17 derived from, or traceable to any proceeds the person 
18 obtained directly or indirectly, as a result of a 
19 violation of this Article;
20   (B) any of the person's property used, or intended 
21 to be used, in any manner or part, to commit, or to 
22 facilitate the commission of, a violation of this 
23 Article;
24   (C) all conveyances, including aircraft, vehicles 
25 or vessels, which are used, or intended for use, to 
26 transport, or in any manner to facilitate the 
 
 
SB2834- 347 -LRB100 16078 KTG 33917 b


1 transportation, sale, receipt, possession, or 
2 concealment of property described in subparagraphs (A) 
3 and (B), but:
4    (i) no conveyance used by any person as a 
5 common carrier in the transaction of business as a 
6 common carrier is subject to forfeiture under this 
7 Section unless it appears that the owner or other 
8 person in charge of the conveyance is a consenting 
9 party or privy to a violation of this Article;
10    (ii) no conveyance is subject to forfeiture 
11 under this Section by reason of any act or omission 
12 which the owner proves to have been committed or 
13 omitted without his or her knowledge or consent;
14    (iii) a forfeiture of a conveyance encumbered 
15 by a bona fide security interest is subject to the 
16 interest of the secured party if he or she neither 
17 had knowledge of nor consented to the act or 
18 omission;
19   (D) all real property, including any right, title, 
20 and interest (including, but not limited to, any 
21 leasehold interest or the beneficial interest in a land 
22 trust) in the whole of any lot or tract of land and any 
23 appurtenances or improvements, which is used or 
24 intended to be used, in any manner or part, to commit, 
25 or in any manner to facilitate the commission of, any 
26 violation of this Article or that is the proceeds of 
 
 
SB2834- 348 -LRB100 16078 KTG 33917 b


1 any violation or act that constitutes a violation of 
2 this Article.

3  (2) Property subject to forfeiture under this Article 
4 may be seized by the Director or any peace officer upon 
5 process or seizure warrant issued by any court having 
6 jurisdiction over the property. Seizure by the Director or 
7 any peace officer without process may be made:
8   (A) if the seizure is incident to a seizure 
9 warrant;
10   (B) if the property subject to seizure has been the 
11 subject of a prior judgment in favor of the State in a 
12 criminal proceeding, or in an injunction or forfeiture 
13 proceeding based upon this Article;
14   (C) if there is probable cause to believe that the 
15 property is directly or indirectly dangerous to health 
16 or safety;
17   (D) if there is probable cause to believe that the 
18 property is subject to forfeiture under this Article 
19 and the property is seized under circumstances in which 
20 a warrantless seizure or arrest would be reasonable; or
21   (E) in accordance with the Code of Criminal 
22 Procedure of 1963.
23  (3) In the event of seizure pursuant to paragraph (2), 
24 forfeiture proceedings shall be instituted in accordance 
25 with subsections (i) through (r).
26  (4) Property taken or detained under this Section shall 
 
 
SB2834- 349 -LRB100 16078 KTG 33917 b


1 not be subject to replevin, but is deemed to be in the 
2 custody of the Director subject only to the order and 
3 judgments of the circuit court having jurisdiction over the 
4 forfeiture proceedings and the decisions of the State's 
5 Attorney under this Article. When property is seized under 
6 this Article, the seizing agency shall promptly conduct an 
7 inventory of the seized property and estimate the 
8 property's value and shall forward a copy of the inventory 
9 of seized property and the estimate of the property's value 
10 to the Director. Upon receiving notice of seizure, the 
11 Director may:
12   (A) place the property under seal;
13   (B) remove the property to a place designated by 
14 the Director;
15   (C) keep the property in the possession of the 
16 seizing agency;
17   (D) remove the property to a storage area for 
18 safekeeping or, if the property is a negotiable 
19 instrument or money and is not needed for evidentiary 
20 purposes, deposit it in an interest bearing account;
21   (E) place the property under constructive seizure 
22 by posting notice of pending forfeiture on it, by 
23 giving notice of pending forfeiture to its owners and 
24 interest holders, or by filing notice of pending 
25 forfeiture in any appropriate public record relating 
26 to the property; or
 
 
SB2834- 350 -LRB100 16078 KTG 33917 b


1   (F) provide for another agency or custodian, 
2 including an owner, secured party, or lienholder, to 
3 take custody of the property upon the terms and 
4 conditions set by the Director.
5  (5) When property is forfeited under this Article, the 
6 Director shall sell all such property unless such property 
7 is required by law to be destroyed or is harmful to the 
8 public, and shall distribute the proceeds of the sale, 
9 together with any moneys forfeited or seized, in accordance 
10 with paragraph (6). However, upon the application of the 
11 seizing agency or prosecutor who was responsible for the 
12 investigation, arrest or arrests and prosecution which 
13 lead to the forfeiture, the Director may return any item of 
14 forfeited property to the seizing agency or prosecutor for 
15 official use in the enforcement of laws, if the agency or 
16 prosecutor can demonstrate that the item requested would be 
17 useful to the agency or prosecutor in its enforcement 
18 efforts. When any real property returned to the seizing 
19 agency is sold by the agency or its unit of government, the 
20 proceeds of the sale shall be delivered to the Director and 
21 distributed in accordance with paragraph (6).
22  (6) All monies and the sale proceeds of all other 
23 property forfeited and seized under this Article shall be 
24 distributed as follows:
25   (A) 65% shall be distributed to the metropolitan 
26 enforcement group, local, municipal, county, or State 
 
 
SB2834- 351 -LRB100 16078 KTG 33917 b


1 law enforcement agency or agencies which conducted or 
2 participated in the investigation resulting in the 
3 forfeiture. The distribution shall bear a reasonable 
4 relationship to the degree of direct participation of 
5 the law enforcement agency in the effort resulting in 
6 the forfeiture, taking into account the total value of 
7 the property forfeited and the total law enforcement 
8 effort with respect to the violation of the law upon 
9 which the forfeiture is based. Amounts distributed to 
10 the agency or agencies shall be used for the 
11 enforcement of laws.
12   (B)(i) 12.5% shall be distributed to the Office of 
13 the State's Attorney of the county in which the 
14 prosecution resulting in the forfeiture was 
15 instituted, deposited in a special fund in the county 
16 treasury and appropriated to the State's Attorney for 
17 use in the enforcement of laws. In counties over 
18 3,000,000 population, 25% shall be distributed to the 
19 Office of the State's Attorney for use in the 
20 enforcement of laws. If the prosecution is undertaken 
21 solely by the Attorney General, the portion provided 
22 hereunder shall be distributed to the Attorney General 
23 for use in the enforcement of laws.
24   (ii) 12.5% shall be distributed to the Office of 
25 the State's Attorneys Appellate Prosecutor and 
26 deposited in the Narcotics Profit Forfeiture Fund of 
 
 
SB2834- 352 -LRB100 16078 KTG 33917 b


1 that office to be used for additional expenses incurred 
2 in the investigation, prosecution and appeal of cases 
3 arising under laws. The Office of the State's Attorneys 
4 Appellate Prosecutor shall not receive distribution 
5 from cases brought in counties with over 3,000,000 
6 population.
7   (C) 10% shall be retained by the Department of 
8 State Police for expenses related to the 
9 administration and sale of seized and forfeited 
10 property.
11  Moneys and the sale proceeds distributed to the 
12 Department of State Police under this Article shall be 
13 deposited in the Money Laundering Asset Recovery Fund 
14 created in the State treasury and shall be used by the 
15 Department of State Police for State law enforcement 
16 purposes. 
17  (7) All moneys and sale proceeds of property forfeited 
18 and seized under this Article and distributed according to 
19 paragraph (6) may also be used to purchase opioid 
20 antagonists as defined in Section 5-23 of the Alcoholism 
21 and Other Drug Abuse and Dependency Act. 
22 (i) Notice to owner or interest holder.
23  (1) Whenever notice of pending forfeiture or service of 
24 an in rem complaint is required under the provisions of 
25 this Article, such notice or service shall be given as 
26 follows:
 
 
SB2834- 353 -LRB100 16078 KTG 33917 b


1   (A) If the owner's or interest holder's name and 
2 current address are known, then by either personal 
3 service or mailing a copy of the notice by certified 
4 mail, return receipt requested, to that address. For 
5 purposes of notice under this Section, if a person has 
6 been arrested for the conduct giving rise to the 
7 forfeiture, then the address provided to the arresting 
8 agency at the time of arrest shall be deemed to be that 
9 person's known address. Provided, however, if an owner 
10 or interest holder's address changes prior to the 
11 effective date of the notice of pending forfeiture, the 
12 owner or interest holder shall promptly notify the 
13 seizing agency of the change in address or, if the 
14 owner or interest holder's address changes subsequent 
15 to the effective date of the notice of pending 
16 forfeiture, the owner or interest holder shall 
17 promptly notify the State's Attorney of the change in 
18 address; or
19   (B) If the property seized is a conveyance, to the 
20 address reflected in the office of the agency or 
21 official in which title or interest to the conveyance 
22 is required by law to be recorded, then by mailing a 
23 copy of the notice by certified mail, return receipt 
24 requested, to that address; or
25   (C) If the owner's or interest holder's address is 
26 not known, and is not on record as provided in 
 
 
SB2834- 354 -LRB100 16078 KTG 33917 b


1 paragraph (B), then by publication for 3 successive 
2 weeks in a newspaper of general circulation in the 
3 county in which the seizure occurred.
4  (2) Notice served under this Article is effective upon 
5 personal service, the last date of publication, or the 
6 mailing of written notice, whichever is earlier.
7 (j) Notice to State's Attorney. The law enforcement agency 
8seizing property for forfeiture under this Article shall, 
9within 90 days after seizure, notify the State's Attorney for 
10the county, either where an act or omission giving rise to the 
11forfeiture occurred or where the property was seized, of the 
12seizure of the property and the facts and circumstances giving 
13rise to the seizure and shall provide the State's Attorney with 
14the inventory of the property and its estimated value. When the 
15property seized for forfeiture is a vehicle, the law 
16enforcement agency seizing the property shall immediately 
17notify the Secretary of State that forfeiture proceedings are 
18pending regarding such vehicle.
19 (k) Non-judicial forfeiture. If non-real property that 
20exceeds $20,000 in value excluding the value of any conveyance, 
21or if real property is seized under the provisions of this 
22Article, the State's Attorney shall institute judicial in rem 
23forfeiture proceedings as described in subsection (l) of this 
24Section within 45 days from receipt of notice of seizure from 
25the seizing agency under subsection (j) of this Section. 
26However, if non-real property that does not exceed $20,000 in 
 
 
SB2834- 355 -LRB100 16078 KTG 33917 b


1value excluding the value of any conveyance is seized, the 
2following procedure shall be used:
3  (1) If, after review of the facts surrounding the 
4 seizure, the State's Attorney is of the opinion that the 
5 seized property is subject to forfeiture, then within 45 
6 days after the receipt of notice of seizure from the 
7 seizing agency, the State's Attorney shall cause notice of 
8 pending forfeiture to be given to the owner of the property 
9 and all known interest holders of the property in 
10 accordance with subsection (i) of this Section.
11  (2) The notice of pending forfeiture must include a 
12 description of the property, the estimated value of the 
13 property, the date and place of seizure, the conduct giving 
14 rise to forfeiture or the violation of law alleged, and a 
15 summary of procedures and procedural rights applicable to 
16 the forfeiture action.
17  (3)(A) Any person claiming an interest in property 
18 which is the subject of notice under paragraph (1) of this 
19 subsection (k), must, in order to preserve any rights or 
20 claims to the property, within 45 days after the effective 
21 date of notice as described in subsection (i) of this 
22 Section, file a verified claim with the State's Attorney 
23 expressing his or her interest in the property. The claim 
24 must set forth:
25   (i) the caption of the proceedings as set forth on 
26 the notice of pending forfeiture and the name of the 
 
 
SB2834- 356 -LRB100 16078 KTG 33917 b


1 claimant;
2   (ii) the address at which the claimant will accept 
3 mail;
4   (iii) the nature and extent of the claimant's 
5 interest in the property;
6   (iv) the date, identity of the transferor, and 
7 circumstances of the claimant's acquisition of the 
8 interest in the property;

9   (v) the name and address of all other persons known 
10 to have an interest in the property;
11   (vi) the specific provision of law relied on in 
12 asserting the property is not subject to forfeiture;
13   (vii) all essential facts supporting each 
14 assertion; and
15   (viii) the relief sought.
16  (B) If a claimant files the claim and deposits with the 
17 State's Attorney a cost bond, in the form of a cashier's 
18 check payable to the clerk of the court, in the sum of 10% 
19 of the reasonable value of the property as alleged by the 
20 State's Attorney or the sum of $100, whichever is greater, 
21 upon condition that, in the case of forfeiture, the 
22 claimant must pay all costs and expenses of forfeiture 
23 proceedings, then the State's Attorney shall institute 
24 judicial in rem forfeiture proceedings and deposit the cost 
25 bond with the clerk of the court as described in subsection 
26 (l) of this Section within 45 days after receipt of the 
 
 
SB2834- 357 -LRB100 16078 KTG 33917 b


1 claim and cost bond. In lieu of a cost bond, a person 
2 claiming interest in the seized property may file, under 
3 penalty of perjury, an indigency affidavit which has been 
4 approved by a circuit court judge.
5  (C) If none of the seized property is forfeited in the 
6 judicial in rem proceeding, the clerk of the court shall 
7 return to the claimant, unless the court orders otherwise, 
8 90% of the sum which has been deposited and shall retain as 
9 costs 10% of the money deposited. If any of the seized 
10 property is forfeited under the judicial forfeiture 
11 proceeding, the clerk of the court shall transfer 90% of 
12 the sum which has been deposited to the State's Attorney 
13 prosecuting the civil forfeiture to be applied to the costs 
14 of prosecution and the clerk shall retain as costs 10% of 
15 the sum deposited.
16  (4) If no claim is filed or bond given within the 45 
17 day period as described in paragraph (3) of this subsection 
18 (k), the State's Attorney shall declare the property 
19 forfeited and shall promptly notify the owner and all known 
20 interest holders of the property and the Director of State 
21 Police of the declaration of forfeiture and the Director 
22 shall dispose of the property in accordance with law.
23 (l) Judicial in rem procedures. If property seized under 
24the provisions of this Article is non-real property that 
25exceeds $20,000 in value excluding the value of any conveyance, 
26or is real property, or a claimant has filed a claim and a cost 
 
 
SB2834- 358 -LRB100 16078 KTG 33917 b


1bond under paragraph (3) of subsection (k) of this Section, the 
2following judicial in rem procedures shall apply:
3  (1) If, after a review of the facts surrounding the 
4 seizure, the State's Attorney is of the opinion that the 
5 seized property is subject to forfeiture, then within 45 
6 days of the receipt of notice of seizure by the seizing 
7 agency or the filing of the claim and cost bond, whichever 
8 is later, the State's Attorney shall institute judicial 
9 forfeiture proceedings by filing a verified complaint for 
10 forfeiture and, if the claimant has filed a claim and cost 
11 bond, by depositing the cost bond with the clerk of the 
12 court. When authorized by law, a forfeiture must be ordered 
13 by a court on an action in rem brought by a State's 
14 Attorney under a verified complaint for forfeiture.
15  (2) During the probable cause portion of the judicial 
16 in rem proceeding wherein the State presents its 
17 case-in-chief, the court must receive and consider, among 
18 other things, all relevant hearsay evidence and 
19 information. The laws of evidence relating to civil actions 
20 apply to all other portions of the judicial in rem 
21 proceeding.
22  (3) Only an owner of or interest holder in the property 
23 may file an answer asserting a claim against the property 
24 in the action in rem. For purposes of this Section, the 
25 owner or interest holder shall be referred to as claimant. 
26 Upon motion of the State, the court shall first hold a 
 
 
SB2834- 359 -LRB100 16078 KTG 33917 b


1 hearing, wherein any claimant must establish by a 
2 preponderance of the evidence, that he or she has a lawful, 
3 legitimate ownership interest in the property and that it 
4 was obtained through a lawful source.
5  (4) The answer must be signed by the owner or interest 
6 holder under penalty of perjury and must set forth:
7   (A) the caption of the proceedings as set forth on 
8 the notice of pending forfeiture and the name of the 
9 claimant;
10   (B) the address at which the claimant will accept 
11 mail;
12   (C) the nature and extent of the claimant's 
13 interest in the property;
14   (D) the date, identity of transferor, and 
15 circumstances of the claimant's acquisition of the 
16 interest in the property;
17   (E) the name and address of all other persons known 
18 to have an interest in the property;
19   (F) all essential facts supporting each assertion; 
20 and
21   (G) the precise relief sought.

22  (5) The answer must be filed with the court within 45 
23 days after service of the civil in rem complaint.
24  (6) The hearing must be held within 60 days after 
25 filing of the answer unless continued for good cause.

26  (7) The State shall show the existence of probable 
 
 
SB2834- 360 -LRB100 16078 KTG 33917 b


1 cause for forfeiture of the property. If the State shows 
2 probable cause, the claimant has the burden of showing by a 
3 preponderance of the evidence that the claimant's interest 
4 in the property is not subject to forfeiture.

5  (8) If the State does not show existence of probable 
6 cause, the court shall order the interest in the property 
7 returned or conveyed to the claimant and shall order all 
8 other property forfeited to the State. If the State does 
9 show existence of probable cause, the court shall order all 
10 property forfeited to the State.
11  (9) A defendant convicted in any criminal proceeding is 
12 precluded from later denying the essential allegations of 
13 the criminal offense of which the defendant was convicted 
14 in any proceeding under this Article regardless of the 
15 pendency of an appeal from that conviction. However, 
16 evidence of the pendency of an appeal is admissible.
17  (10) An acquittal or dismissal in a criminal proceeding 
18 does not preclude civil proceedings under this Article; 
19 however, for good cause shown, on a motion by the State's 
20 Attorney, the court may stay civil forfeiture proceedings 
21 during the criminal trial for a related criminal indictment 
22 or information alleging a money laundering violation. Such 
23 a stay shall not be available pending an appeal. Property 
24 subject to forfeiture under this Article shall not be 
25 subject to return or release by a court exercising 
26 jurisdiction over a criminal case involving the seizure of 
 
 
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1 such property unless such return or release is consented to 
2 by the State's Attorney.
3  (11) All property declared forfeited under this 
4 Article vests in this State on the commission of the 
5 conduct giving rise to forfeiture together with the 
6 proceeds of the property after that time. Any such property 
7 or proceeds subsequently transferred to any person remain 
8 subject to forfeiture and thereafter shall be ordered 
9 forfeited.
10  (12) A civil action under this Article must be 
11 commenced within 5 years after the last conduct giving rise 
12 to forfeiture became known or should have become known or 5 
13 years after the forfeitable property is discovered, 
14 whichever is later, excluding any time during which either 
15 the property or claimant is out of the State or in 
16 confinement or during which criminal proceedings relating 
17 to the same conduct are in progress.
18 (m) Stay of time periods. If property is seized for 
19evidence and for forfeiture, the time periods for instituting 
20judicial and non-judicial forfeiture proceedings shall not 
21begin until the property is no longer necessary for evidence.
22 (n) Settlement of claims. Notwithstanding other provisions 
23of this Article, the State's Attorney and a claimant of seized 
24property may enter into an agreed-upon settlement concerning 
25the seized property in such an amount and upon such terms as 
26are set out in writing in a settlement agreement.
 
 
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1 (o) Property constituting attorney fees. Nothing in this 
2Article applies to property which constitutes reasonable bona 
3fide attorney's fees paid to an attorney for services rendered 
4or to be rendered in the forfeiture proceeding or criminal 
5proceeding relating directly thereto where such property was 
6paid before its seizure, before the issuance of any seizure 
7warrant or court order prohibiting transfer of the property and 
8where the attorney, at the time he or she received the property 
9did not know that it was property subject to forfeiture under 
10this Article.
11 (p) Construction. It is the intent of the General Assembly 
12that the forfeiture provisions of this Article be liberally 
13construed so as to effect their remedial purpose. The 
14forfeiture of property and other remedies hereunder shall be 
15considered to be in addition to, and not exclusive of, any 
16sentence or other remedy provided by law.
17 (q) Judicial review. If property has been declared 
18forfeited under subsection (k) of this Section, any person who 
19has an interest in the property declared forfeited may, within 
2030 days after the effective date of the notice of the 
21declaration of forfeiture, file a claim and cost bond as 
22described in paragraph (3) of subsection (k) of this Section. 
23If a claim and cost bond is filed under this Section, then the 
24procedures described in subsection (l) of this Section apply.
25 (r) Burden of proof of exemption or exception. It is not 
26necessary for the State to negate any exemption or exception in 
 
 
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1this Article in any complaint, information, indictment or other 
2pleading or in any trial, hearing, or other proceeding under 
3this Article. The burden of proof of any exemption or exception 
4is upon the person claiming it.
5 (s) Review of administrative decisions.
All administrative 
6findings, rulings, final determinations, findings, and 
7conclusions of the State's Attorney's Office under this Article 
8are final and conclusive decisions of the matters involved. Any 
9person aggrieved by the decision may obtain review of the 
10decision pursuant to the provisions of the Administrative 
11Review Law and the rules adopted pursuant to that Law. Pending 
12final decision on such review, the administrative acts, orders, 
13and rulings of the State's Attorney's Office remain in full 
14force and effect unless modified or suspended by order of court 
15pending final judicial decision. Pending final decision on such 
16review, the acts, orders, and rulings of the State's Attorney's 
17Office remain in full force and effect, unless stayed by order 
18of court. However, no stay of any decision of the 
19administrative agency shall issue unless the person aggrieved 
20by the decision establishes by a preponderance of the evidence 
21that good cause exists for the stay. In determining good cause, 
22the court shall find that the aggrieved party has established a 
23substantial likelihood of prevailing on the merits and that 
24granting the stay will not have an injurious effect on the 
25general public.

26(Source: P.A. 99-480, eff. 9-9-15.)


 
 
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1 (Text of Section after amendment by P.A. 100-512)

2 Sec. 29B-1. (a) A person commits the offense of money 
3laundering: 

4  (1) when, knowing that the property involved in a 
5 financial transaction represents the proceeds of some form 
6 of unlawful activity, he or she conducts or attempts to 
7 conduct such a financial transaction which in fact involves 
8 criminally derived property:
9   (A) with the intent to promote the carrying on of 
10 the unlawful activity from which the criminally 
11 derived property was obtained; or
12   (B) where he or she knows or reasonably should know 
13 that the financial transaction is designed in whole or 
14 in part:
15    (i) to conceal or disguise the nature, the 
16 location, the source, the ownership or the control 
17 of the criminally derived property; or
18    (ii) to avoid a transaction reporting 
19 requirement under State law; or
20  (1.5) when he or she transports, transmits, or 
21 transfers, or attempts to transport, transmit, or transfer 
22 a monetary instrument:
23   (A) with the intent to promote the carrying on of 
24 the unlawful activity from which the criminally 
25 derived property was obtained; or
 
 
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1   (B) knowing, or having reason to know, that the 
2 financial transaction is designed in whole or in part:
3    (i) to conceal or disguise the nature, the 
4 location, the source, the ownership or the control 
5 of the criminally derived property; or
6    (ii) to avoid a transaction reporting 
7 requirement under State law;
or

8  (2) when, with the intent to:

9   (A) promote the carrying on of a specified criminal 
10 activity as defined
in this Article; or

11   (B) conceal or disguise the nature, location, 
12 source, ownership, or
control of property believed to 
13 be the proceeds of a specified criminal
activity as 
14 defined by subdivision (b)(6); or
15   (C) avoid a transaction reporting requirement 
16 under State law,


17 he or she conducts or attempts to conduct a financial 
18 transaction
involving property he or she believes to be the 
19 proceeds of specified criminal
activity as defined by 
20 subdivision (b)(6) or property used to conduct or

21 facilitate specified criminal activity as defined by 
22 subdivision (b)(6).

23 (b) As used in this Section:

24  (0.5) "Knowing that the property involved in a 
25 financial transaction represents the proceeds of some form 
26 of unlawful activity" means that the person knew the 
 
 
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1 property involved in the transaction represented proceeds 
2 from some form, though not necessarily which form, of 
3 activity that constitutes a felony under State, federal, or 
4 foreign law.

5  (1) "Financial transaction" means a purchase, sale, 
6 loan, pledge, gift,
transfer, delivery or other 
7 disposition utilizing criminally derived property,
and 
8 with respect to financial institutions, includes a 
9 deposit, withdrawal,
transfer between accounts, exchange 
10 of currency, loan, extension of credit,
purchase or sale of 
11 any stock, bond, certificate of deposit or other monetary

12 instrument, use of safe deposit box, or any other payment, 
13 transfer or delivery by, through, or to a
financial 
14 institution.
For purposes of clause (a)(2) of this Section, 
15 the term "financial
transaction" also
means a transaction 
16 which without regard to whether the funds, monetary

17 instruments, or real or personal property involved in the 
18 transaction are
criminally derived, any transaction which 
19 in any way or degree: (1) involves
the movement of funds by 
20 wire or any other means; (2) involves one or more
monetary 
21 instruments; or (3) the transfer of title to any real or 
22 personal
property.
The receipt by an attorney of bona fide 
23 fees for the purpose
of legal representation is not a 
24 financial transaction for purposes of this
Section.

25  (2) "Financial institution" means any bank; saving and 
26 loan
association; trust company; agency or branch of a 
 
 
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1 foreign bank in the
United States; currency exchange; 
2 credit union, mortgage banking
institution; pawnbroker; 
3 loan or finance company; operator of a credit card
system; 
4 issuer, redeemer or cashier of travelers checks, checks or 
5 money
orders; dealer in precious metals, stones or jewels; 
6 broker or dealer in
securities or commodities; investment 
7 banker; or investment company.

8  (3) "Monetary instrument" means United States coins 
9 and currency;
coins and currency of a foreign country; 
10 travelers checks; personal checks,
bank checks, and money 
11 orders; investment securities; bearer
negotiable 
12 instruments; bearer investment securities; or bearer 
13 securities
and certificates of stock in such form that 
14 title thereto passes upon
delivery.

15  (4) "Criminally derived property" means: (A) any 
16 property, real or personal, constituting
or
derived from 
17 proceeds obtained, directly or indirectly, from activity 
18 that constitutes a felony under State, federal, or foreign 
19 law; or (B) any property
represented to be property 
20 constituting or derived from proceeds obtained,
directly 
21 or indirectly, from activity that constitutes a felony 
22 under State, federal, or foreign law. 

23  (5) "Conduct" or "conducts" includes, in addition to 
24 its ordinary
meaning, initiating, concluding, or 
25 participating in initiating or concluding
a transaction.

26  (6) "Specified criminal activity" means any violation 
 
 
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1 of Section 29D-15.1
(720 ILCS 5/29D-15.1) and any violation 
2 of Article 29D of this Code.

3  (7) "Director" means the Director of State Police or 
4 his or her designated agents.
5  (8) "Department" means the Department of State Police 
6 of the State of Illinois or its successor agency.

7  (9) "Transaction reporting requirement under State 
8 law" means any violation as defined under the Currency 
9 Reporting Act.

10 (c) Sentence.

11  (1) Laundering of criminally derived property of a 
12 value not exceeding
$10,000 is a Class 3 felony;

13  (2) Laundering of criminally derived property of a 
14 value exceeding
$10,000 but not exceeding $100,000 is a 
15 Class 2 felony;

16  (3) Laundering of criminally derived property of a 
17 value exceeding
$100,000 but not exceeding $500,000 is a 
18 Class 1 felony;

19  (4) Money laundering in violation of subsection (a)(2) 
20 of this Section
is a Class X felony;

21  (5) Laundering of criminally derived property of a 
22 value exceeding
$500,000 is a
Class 1 non-probationable 
23 felony;

24  (6) In a prosecution under clause (a)(1.5)(B)(ii) of 
25 this Section, the sentences are as follows:
26   (A) Laundering of property of a value not exceeding 
 
 
SB2834- 369 -LRB100 16078 KTG 33917 b


1 $10,000 is a Class 3 felony;
2   (B) Laundering of property of a value exceeding 
3 $10,000 but not exceeding $100,000 is a Class 2 felony;
4   (C) Laundering of property of a value exceeding 
5 $100,000 but not exceeding $500,000 is a Class 1 
6 felony;
7   (D) Laundering of property of a value exceeding 
8 $500,000 is a Class 1 non-probationable felony. 
9 (d) Evidence. In a prosecution under this Article, either 
10party may introduce the following evidence pertaining to the 
11issue of whether the property or proceeds were known to be some 
12form of criminally derived property or from some form of 
13unlawful activity:
14  (1) A financial transaction was conducted or 
15 structured or attempted in violation of the reporting 
16 requirements of any State or federal law; or
17  (2) A financial transaction was conducted or attempted 
18 with the use of a false or fictitious name or a forged 
19 instrument; or
20  (3) A falsely altered or completed written instrument 
21 or a written instrument that contains any materially false 
22 personal identifying information was made, used, offered 
23 or presented, whether accepted or not, in connection with a 
24 financial transaction; or
25  (4) A financial transaction was structured or 
26 attempted to be structured so as to falsely report the 
 
 
SB2834- 370 -LRB100 16078 KTG 33917 b


1 actual consideration or value of the transaction; or
2  (5) A money transmitter, a person engaged in a trade or 
3 business or any employee of a money transmitter or a person 
4 engaged in a trade or business, knows or reasonably should 
5 know that false personal identifying information has been 
6 presented and incorporates the false personal identifying 
7 information into any report or record; or
8  (6) The criminally derived property is transported or 
9 possessed in a fashion inconsistent with the ordinary or 
10 usual means of transportation or possession of such 
11 property and where the property is discovered in the 
12 absence of any documentation or other indicia of legitimate 
13 origin or right to such property; or
14  (7) A person pays or receives substantially less than 
15 face value for one or more monetary instruments; or
16  (8) A person engages in a transaction involving one or 
17 more monetary instruments, where the physical condition or 
18 form of the monetary instrument or instruments makes it 
19 apparent that they are not the product of bona fide 
20 business or financial transactions.
21 (e) Duty to enforce this Article.
22  (1) It is the duty of the Department of State Police, 
23 and its agents, officers, and investigators, to enforce all 
24 provisions of this Article, except those specifically 
25 delegated, and to cooperate with all agencies charged with 
26 the enforcement of the laws of the United States, or of any 
 
 
SB2834- 371 -LRB100 16078 KTG 33917 b


1 state, relating to money laundering. Only an agent, 
2 officer, or investigator designated by the Director may be 
3 authorized in accordance with this Section to serve seizure 
4 notices, warrants, subpoenas, and summonses under the 
5 authority of this State.
6  (2) Any agent, officer, investigator, or peace officer 
7 designated by the Director may: (A) make seizure of 
8 property pursuant to the provisions of this Article; and 
9 (B) perform such other law enforcement duties as the 
10 Director designates. It is the duty of all State's 
11 Attorneys to prosecute violations of this Article and 
12 institute legal proceedings as authorized under this 
13 Article.
14 (f) Protective orders.
15  (1) Upon application of the State, the court may enter 
16 a restraining order or injunction, require the execution of 
17 a satisfactory performance bond, or take any other action 
18 to preserve the availability of property described in 
19 subsection (h) for forfeiture under this Article:
20   (A) upon the filing of an indictment, information, 
21 or complaint charging a violation of this Article for 
22 which forfeiture may be ordered under this Article and 
23 alleging that the property with respect to which the 
24 order is sought would be subject to forfeiture under 
25 this Article; or

26   (B) prior to the filing of such an indictment, 
 
 
SB2834- 372 -LRB100 16078 KTG 33917 b


1 information, or complaint, if, after notice to persons 
2 appearing to have an interest in the property and 
3 opportunity for a hearing, the court determines that:
4    (i) there is probable cause to believe that the 
5 State will prevail on the issue of forfeiture and 
6 that failure to enter the order will result in the 
7 property being destroyed, removed from the 
8 jurisdiction of the court, or otherwise made 
9 unavailable for forfeiture; and
10    (ii) the need to preserve the availability of 
11 the property through the entry of the requested 
12 order outweighs the hardship on any party against 
13 whom the order is to be entered.
14   Provided, however, that an order entered pursuant 
15 to subparagraph (B) shall be effective for not more 
16 than 90 days, unless extended by the court for good 
17 cause shown or unless an indictment, information, 
18 complaint, or administrative notice has been filed.
19  (2) A temporary restraining order under this 
20 subsection may be entered upon application of the State 
21 without notice or opportunity for a hearing when an 
22 indictment, information, complaint, or administrative 
23 notice has not yet been filed with respect to the property, 
24 if the State demonstrates that there is probable cause to 
25 believe that the property with respect to which the order 
26 is sought would be subject to forfeiture under this Section 
 
 
SB2834- 373 -LRB100 16078 KTG 33917 b


1 and that provision of notice will jeopardize the 
2 availability of the property for forfeiture. Such a 
3 temporary order shall expire not more than 30 days after 
4 the date on which it is entered, unless extended for good 
5 cause shown or unless the party against whom it is entered 
6 consents to an extension for a longer period. A hearing 
7 requested concerning an order entered under this paragraph 
8 shall be held at the earliest possible time and prior to 
9 the expiration of the temporary order.
10  (3) The court may receive and consider, at a hearing 
11 held pursuant to this subsection (f), evidence and 
12 information that would be inadmissible under the Illinois 
13 rules of evidence.

14  (4) Order to repatriate and deposit.
15   (A) In general. Pursuant to its authority to enter 
16 a pretrial restraining order under this Section, the 
17 court may order a defendant to repatriate any property 
18 that may be seized and forfeited and to deposit that 
19 property pending trial with the Illinois State Police 
20 or another law enforcement agency designated by the 
21 Illinois State Police.
22   (B) Failure to comply. Failure to comply with an 
23 order under this subsection (f) is punishable as a 
24 civil or criminal contempt of court.

25 (g) Warrant of seizure. The State may request the issuance 
26of a warrant authorizing the seizure of property described in 
 
 
SB2834- 374 -LRB100 16078 KTG 33917 b


1subsection (h) in the same manner as provided for a search 
2warrant. If the court determines that there is probable cause 
3to believe that the property to be seized would be subject to 
4forfeiture, the court shall issue a warrant authorizing the 
5seizure of such property.
6 (h) Forfeiture.
7  (1) The following are subject to forfeiture:
8   (A) any property, real or personal, constituting, 
9 derived from, or traceable to any proceeds the person 
10 obtained directly or indirectly, as a result of a 
11 violation of this Article;
12   (B) any of the person's property used, or intended 
13 to be used, in any manner or part, to commit, or to 
14 facilitate the commission of, a violation of this 
15 Article;
16   (C) all conveyances, including aircraft, vehicles 
17 or vessels, which are used, or intended for use, to 
18 transport, or in any manner to facilitate the 
19 transportation, sale, receipt, possession, or 
20 concealment of property described in subparagraphs (A) 
21 and (B), but:
22    (i) no conveyance used by any person as a 
23 common carrier in the transaction of business as a 
24 common carrier is subject to forfeiture under this 
25 Section unless it appears that the owner or other 
26 person in charge of the conveyance is a consenting 
 
 
SB2834- 375 -LRB100 16078 KTG 33917 b


1 party or privy to a violation of this Article;
2    (ii) no conveyance is subject to forfeiture 
3 under this Section by reason of any act or omission 
4 which the owner proves to have been committed or 
5 omitted without his or her knowledge or consent;
6    (iii) a forfeiture of a conveyance encumbered 
7 by a bona fide security interest is subject to the 
8 interest of the secured party if he or she neither 
9 had knowledge of nor consented to the act or 
10 omission;
11   (D) all real property, including any right, title, 
12 and interest (including, but not limited to, any 
13 leasehold interest or the beneficial interest in a land 
14 trust) in the whole of any lot or tract of land and any 
15 appurtenances or improvements, which is used or 
16 intended to be used, in any manner or part, to commit, 
17 or in any manner to facilitate the commission of, any 
18 violation of this Article or that is the proceeds of 
19 any violation or act that constitutes a violation of 
20 this Article.

21  (2) Property subject to forfeiture under this Article 
22 may be seized by the Director or any peace officer upon 
23 process or seizure warrant issued by any court having 
24 jurisdiction over the property. Seizure by the Director or 
25 any peace officer without process may be made:
26   (A) if the seizure is incident to a seizure 
 
 
SB2834- 376 -LRB100 16078 KTG 33917 b


1 warrant;
2   (B) if the property subject to seizure has been the 
3 subject of a prior judgment in favor of the State in a 
4 criminal proceeding, or in an injunction or forfeiture 
5 proceeding based upon this Article;
6   (C) if there is probable cause to believe that the 
7 property is directly or indirectly dangerous to health 
8 or safety;
9   (D) if there is probable cause to believe that the 
10 property is subject to forfeiture under this Article 
11 and the property is seized under circumstances in which 
12 a warrantless seizure or arrest would be reasonable; or
13   (E) in accordance with the Code of Criminal 
14 Procedure of 1963.
15  (3) In the event of seizure pursuant to paragraph (2), 
16 forfeiture proceedings shall be instituted in accordance 
17 with subsections (i) through (r).
18  (4) Property taken or detained under this Section shall 
19 not be subject to replevin, but is deemed to be in the 
20 custody of the Director subject only to the order and 
21 judgments of the circuit court having jurisdiction over the 
22 forfeiture proceedings and the decisions of the State's 
23 Attorney under this Article. When property is seized under 
24 this Article, the seizing agency shall promptly conduct an 
25 inventory of the seized property and estimate the 
26 property's value and shall forward a copy of the inventory 
 
 
SB2834- 377 -LRB100 16078 KTG 33917 b


1 of seized property and the estimate of the property's value 
2 to the Director. Upon receiving notice of seizure, the 
3 Director may:
4   (A) place the property under seal;
5   (B) remove the property to a place designated by 
6 the Director;
7   (C) keep the property in the possession of the 
8 seizing agency;
9   (D) remove the property to a storage area for 
10 safekeeping or, if the property is a negotiable 
11 instrument or money and is not needed for evidentiary 
12 purposes, deposit it in an interest bearing account;
13   (E) place the property under constructive seizure 
14 by posting notice of pending forfeiture on it, by 
15 giving notice of pending forfeiture to its owners and 
16 interest holders, or by filing notice of pending 
17 forfeiture in any appropriate public record relating 
18 to the property; or
19   (F) provide for another agency or custodian, 
20 including an owner, secured party, or lienholder, to 
21 take custody of the property upon the terms and 
22 conditions set by the Director.
23  (5) When property is forfeited under this Article, the 
24 Director shall sell all such property unless such property 
25 is required by law to be destroyed or is harmful to the 
26 public, and shall distribute the proceeds of the sale, 
 
 
SB2834- 378 -LRB100 16078 KTG 33917 b


1 together with any moneys forfeited or seized, in accordance 
2 with paragraph (6).
3  (6) All monies and the sale proceeds of all other 
4 property forfeited and seized under this Article shall be 
5 distributed as follows:
6   (A) 65% shall be distributed to the metropolitan 
7 enforcement group, local, municipal, county, or State 
8 law enforcement agency or agencies which conducted or 
9 participated in the investigation resulting in the 
10 forfeiture. The distribution shall bear a reasonable 
11 relationship to the degree of direct participation of 
12 the law enforcement agency in the effort resulting in 
13 the forfeiture, taking into account the total value of 
14 the property forfeited and the total law enforcement 
15 effort with respect to the violation of the law upon 
16 which the forfeiture is based. Amounts distributed to 
17 the agency or agencies shall be used for the 
18 enforcement of laws.
19   (B)(i) 12.5% shall be distributed to the Office of 
20 the State's Attorney of the county in which the 
21 prosecution resulting in the forfeiture was 
22 instituted, deposited in a special fund in the county 
23 treasury and appropriated to the State's Attorney for 
24 use in the enforcement of laws. In counties over 
25 3,000,000 population, 25% shall be distributed to the 
26 Office of the State's Attorney for use in the 
 
 
SB2834- 379 -LRB100 16078 KTG 33917 b


1 enforcement of laws. If the prosecution is undertaken 
2 solely by the Attorney General, the portion provided 
3 hereunder shall be distributed to the Attorney General 
4 for use in the enforcement of laws.
5   (ii) 12.5% shall be distributed to the Office of 
6 the State's Attorneys Appellate Prosecutor and 
7 deposited in the Narcotics Profit Forfeiture Fund of 
8 that office to be used for additional expenses incurred 
9 in the investigation, prosecution and appeal of cases 
10 arising under laws. The Office of the State's Attorneys 
11 Appellate Prosecutor shall not receive distribution 
12 from cases brought in counties with over 3,000,000 
13 population.
14   (C) 10% shall be retained by the Department of 
15 State Police for expenses related to the 
16 administration and sale of seized and forfeited 
17 property.
18  Moneys and the sale proceeds distributed to the 
19 Department of State Police under this Article shall be 
20 deposited in the Money Laundering Asset Recovery Fund 
21 created in the State treasury and shall be used by the 
22 Department of State Police for State law enforcement 
23 purposes. 
24  (7) All moneys and sale proceeds of property forfeited 
25 and seized under this Article and distributed according to 
26 paragraph (6) may also be used to purchase opioid 
 
 
SB2834- 380 -LRB100 16078 KTG 33917 b


1 antagonists as defined in Section 5-23 of the Substance Use 
2 Disorder Act. Alcoholism and Other Drug Abuse and 
3 Dependency Act. 
4  (7.5) Preliminary Review.
5   (A) Within 14 days of the seizure, the State shall 
6 seek a preliminary determination from the circuit 
7 court as to whether there is probable cause that the 
8 property may be subject to forfeiture.
9   (B) The rules of evidence shall not apply to any 
10 proceeding conducted under this Section.
11   (C) The court may conduct the review under 
12 subparagraph (A) of this paragraph (7.5) 
13 simultaneously with a proceeding under Section 109-1 
14 of the Code of Criminal Procedure of 1963 for a related 
15 criminal offense if a prosecution is commenced by 
16 information or complaint.
17   (D) The court may accept a finding of probable 
18 cause at a preliminary hearing following the filing of 
19 an information or complaint charging a related 
20 criminal offense or following the return of indictment 
21 by a grand jury charging the related offense as 
22 sufficient evidence of probable cause as required 
23 under subparagraph (A) of this paragraph (7.5).
24   (E) Upon a finding of probable cause as required 
25 under this Section, the circuit court shall order the 
26 property subject to the applicable forfeiture Act held 
 
 
SB2834- 381 -LRB100 16078 KTG 33917 b


1 until the conclusion of any forfeiture proceeding. 
2 (i) Notice to owner or interest holder.
3  (1) The first attempted service shall be commenced 
4 within 28 days of the latter of filing of the verified 
5 claim or the receipt of the notice from seizing agency by 
6 form 4-64. A complaint for forfeiture or a notice of 
7 pending forfeiture shall be served on a claimant if the 
8 owner's or interest holder's name and current address are 
9 known, then by either: (i) personal service or; (ii) 
10 mailing a copy of the notice by certified mail, return 
11 receipt requested and first class mail, to that address. If 
12 no signed return receipt is received by the State's 
13 Attorney within 28 days of mailing or no communication from 
14 the owner or interest holder is received by the State's 
15 Attorney documenting actual notice by the parties, the 
16 State's Attorney shall, within a reasonable period of time, 
17 mail a second copy of the notice by certified mail, return 
18 receipt requested and first class mail, to that address. If 
19 no signed return receipt is received by the State's 
20 Attorney within 28 days of the second mailing, or no 
21 communication from the owner or interest holder is received 
22 by the State's Attorney documenting actual notice by the 
23 parties, the State's Attorney shall have 60 days to attempt 
24 to personally serve the notice by personal service, 
25 including substitute service by leaving a copy at the usual 
26 place of abode with some person of the family or a person 
 
 
SB2834- 382 -LRB100 16078 KTG 33917 b


1 residing there, of the age of 13 years or upwards. If after 
2 3 attempts at service in this manner, and no service of the 
3 notice is accomplished, the notice shall be posted in a 
4 conspicuous manner at this address and service shall be 
5 made by the posting. The attempts at service and the 
6 posting if required, shall be documented by the person 
7 attempting service and the documentation shall be made part 
8 of a return of service returned to the State's Attorney. 
9 The State's Attorney may utilize any Sheriff or Deputy 
10 Sheriff, a peace officer, a private process server or 
11 investigator, or an employee, agent, or investigator of the 
12 State's Attorney's Office to attempt service without 
13 seeking leave of court. After the procedures listed are 
14 followed, service shall be effective on the owner or 
15 interest holder on the date of receipt by the State's 
16 Attorney of a returned return receipt requested, or on the 
17 date of receipt of a communication from an owner or 
18 interest holder documenting actual notice, whichever is 
19 first in time, or on the date of the last act performed by 
20 the State's Attorney in attempting personal service. For 
21 purposes of notice under this Section, if a person has been 
22 arrested for the conduct giving rise to the forfeiture, the 
23 address provided to the arresting agency at the time of 
24 arrest shall be deemed to be that person's known address. 
25 Provided, however, if an owner or interest holder's address 
26 changes prior to the effective date of the notice of 
 
 
SB2834- 383 -LRB100 16078 KTG 33917 b


1 pending forfeiture, the owner or interest holder shall 
2 promptly notify the seizing agency of the change in address 
3 or, if the owner or interest holder's address changes 
4 subsequent to the effective date of the notice of pending 
5 forfeiture, the owner or interest holder shall promptly 
6 notify the State's Attorney of the change in address. If 
7 the property seized is a conveyance, notice shall also be 
8 directed to the address reflected in the office of the 
9 agency or official in which title or interest to the 
10 conveyance is required by law to be recorded.
11   (A) (Blank);
12   (A-5) If the owner's or interest holder's address 
13 is not known, and is not on record as provided in 
14 paragraph (1), service by publication for 3 successive 
15 weeks in a newspaper of general circulation in the 
16 county in which the seizure occurred shall suffice for 
17 service requirements.
18   (A-10) Notice to any business entity, corporation, 
19 LLC, LLP, or partnership shall be complete by a single 
20 mailing of a copy of the notice by certified mail, 
21 return receipt requested and first class mail, to that 
22 address. This notice is complete regardless of the 
23 return of a signed "return receipt requested".
24   (A-15) Notice to a person whose address is not 
25 within the State shall be completed by a single mailing 
26 of a copy of the notice by certified mail, return 
 
 
SB2834- 384 -LRB100 16078 KTG 33917 b


1 receipt requested and first class
mail to that address. 
2 This notice is complete regardless of the return of a 
3 signed "return receipt requested".
4   (A-20) Notice to a person whose address is not 
5 within the United States shall be completed by a single 
6 mailing of a copy of the notice by certified mail, 
7 return receipt requested and first class mail to that 
8 address. This notice is complete regardless of the 
9 return of a signed "return receipt requested". If 
10 certified mail is not available in the foreign country 
11 where the person has an address, notice shall proceed 
12 by paragraph (A-15) publication requirements.
13   (A-25) A person who the State's Attorney 
14 reasonably should know is incarcerated within this 
15 State, shall also include, mailing a copy of the notice 
16 by certified mail, return receipt requested and first 
17 class mail, to the address of the detention facility 
18 with the inmate's name clearly marked on the envelope.
19   After a claimant files a verified claim with the 
20 State's Attorney and provides an address at which they 
21 will accept service, the complaint shall be served and 
22 notice shall be complete upon the mailing of the 
23 complaint to the claimant at the address the claimant 
24 provided via certified mail, return receipt requested 
25 and first class mail. No return receipt card need be 
26 received, or any other attempts at service need be made 
 
 
SB2834- 385 -LRB100 16078 KTG 33917 b


1 to comply with service and notice requirements under 
2 this Section. This certified mailing, return receipt 
3 requested shall be proof of service of the complaint on 
4 the claimant. If notice is to be shown by actual notice 
5 from communication with a claimant, then the State's 
6 Attorney shall file an affidavit as proof of service 
7 providing details of the communication which shall be 
8 accepted as proof of service by the court. 
9   (B) If the property seized is a conveyance, to the 
10 address reflected in the office of the agency or 
11 official in which title or interest to the conveyance 
12 is required by law to be recorded, then by mailing a 
13 copy of the notice by certified mail, return receipt 
14 requested, to that address; or
15   (C) (Blank).
16  (2) Notice served under this Article is effective upon 
17 personal service, the last date of publication, or the 
18 mailing of written notice, whichever is earlier.
19 (j) Notice to State's Attorney. The law enforcement agency 
20seizing property for forfeiture under this Article shall, 
21within 60 days after seizure, notify the State's Attorney for 
22the county, either where an act or omission giving rise to the 
23forfeiture occurred or where the property was seized, of the 
24seizure of the property and the facts and circumstances giving 
25rise to the seizure and shall provide the State's Attorney with 
26the inventory of the property and its estimated value. When the 
 
 
SB2834- 386 -LRB100 16078 KTG 33917 b


1property seized for forfeiture is a vehicle, the law 
2enforcement agency seizing the property shall immediately 
3notify the Secretary of State that forfeiture proceedings are 
4pending regarding such vehicle. This notice shall be by the 
5form 4-64. 
6 (k) Non-judicial forfeiture. If non-real property that 
7exceeds $20,000 in value excluding the value of any conveyance, 
8or if real property is seized under the provisions of this 
9Article, the State's Attorney shall institute judicial in rem 
10forfeiture proceedings as described in subsection (l) of this 
11Section within 28 days from receipt of notice of seizure from 
12the seizing agency under subsection (j) of this Section. 
13However, if non-real property that does not exceed $20,000 in 
14value excluding the value of any conveyance is seized, the 
15following procedure shall be used:
16  (1) If, after review of the facts surrounding the 
17 seizure, the State's Attorney is of the opinion that the 
18 seized property is subject to forfeiture, then within 45 
19 days after the receipt of notice of seizure from the 
20 seizing agency, the State's Attorney shall cause notice of 
21 pending forfeiture to be given to the owner of the property 
22 and all known interest holders of the property in 
23 accordance with subsection (i) of this Section.
24  (2) The notice of pending forfeiture must include a 
25 description of the property, the estimated value of the 
26 property, the date and place of seizure, the conduct giving 
 
 
SB2834- 387 -LRB100 16078 KTG 33917 b


1 rise to forfeiture or the violation of law alleged, and a 
2 summary of procedures and procedural rights applicable to 
3 the forfeiture action.
4  (3)(A) Any person claiming an interest in property 
5 which is the subject of notice under paragraph (1) of this 
6 subsection (k), must, in order to preserve any rights or 
7 claims to the property, within 45 days after the effective 
8 date of notice as described in subsection (i) of this 
9 Section, file a verified claim with the State's Attorney 
10 expressing his or her interest in the property. The claim 
11 must set forth:
12   (i) the caption of the proceedings as set forth on 
13 the notice of pending forfeiture and the name of the 
14 claimant;
15   (ii) the address at which the claimant will accept 
16 mail;
17   (iii) the nature and extent of the claimant's 
18 interest in the property;
19   (iv) the date, identity of the transferor, and 
20 circumstances of the claimant's acquisition of the 
21 interest in the property;

22   (v) the name and address of all other persons known 
23 to have an interest in the property;
24   (vi) the specific provision of law relied on in 
25 asserting the property is not subject to forfeiture;
26   (vii) all essential facts supporting each 
 
 
SB2834- 388 -LRB100 16078 KTG 33917 b


1 assertion; and
2   (viii) the relief sought.
3  (B) If a claimant files the claim, then the State's 
4 Attorney shall institute judicial in rem forfeiture 
5 proceedings with the clerk of the court as described in 
6 subsection (l) of this Section within 45 days after receipt 
7 of the claim.
8  (C) (Blank).
9  (4) If no claim is filed within the 45 day period as 
10 described in paragraph (3) of this subsection (k), the 
11 State's Attorney shall declare the property forfeited and 
12 shall promptly notify the owner and all known interest 
13 holders of the property and the Director of State Police of 
14 the declaration of forfeiture and the Director shall 
15 dispose of the property in accordance with law.
16 (l) Judicial in rem procedures. If property seized under 
17the provisions of this Article is non-real property that 
18exceeds $20,000 in value excluding the value of any conveyance, 
19or is real property, or a claimant has filed a claim under 
20paragraph (3) of subsection (k) of this Section, the following 
21judicial in rem procedures shall apply:
22  (1) If, after a review of the facts surrounding the 
23 seizure, the State's Attorney is of the opinion that the 
24 seized property is subject to forfeiture, then within 28 
25 days of the receipt of notice of seizure by the seizing 
26 agency or the filing of the claim, whichever is later, the 
 
 
SB2834- 389 -LRB100 16078 KTG 33917 b


1 State's Attorney shall institute judicial forfeiture 
2 proceedings by filing a verified complaint for forfeiture. 
3 When authorized by law, a forfeiture must be ordered by a 
4 court on an action in rem brought by a State's Attorney 
5 under a verified complaint for forfeiture.
6  (1.5) A complaint of forfeiture shall include:
7   (i) a description of the property seized;
8   (ii) the date and place of seizure of the property;
9   (iii) the name and address of the law enforcement 
10 agency making the seizure; and
11   (iv) the specific statutory and factual grounds 
12 for the seizure.
13  (1.10) The complaint shall be served upon the person 
14 from whom the property was seized and all persons known or 
15 reasonably believed by the State to claim an interest in 
16 the property, as provided in subsection (i) of this 
17 Section. The complaint shall be accompanied by the 
18 following written notice:
19  "This is a civil court proceeding subject to the Code 
20 of Civil Procedure. You received this Complaint of 
21 Forfeiture because the State's Attorney's office has 
22 brought a legal action seeking forfeiture of your seized 
23 property. This complaint starts the court process where the 
24 State seeks to prove that your property should be forfeited 
25 and not returned to you. This process is also your 
26 opportunity to try to prove to a judge that you should get 
 
 
SB2834- 390 -LRB100 16078 KTG 33917 b


1 your property back. The complaint lists the date, time, and 
2 location of your first court date. You must appear in court 
3 on that day, or you may lose the case automatically. You 
4 must also file an appearance and answer. If you are unable 
5 to pay the appearance fee, you may qualify to have the fee 
6 waived. If there is a criminal case related to the seizure 
7 of your property, your case may be set for trial after the 
8 criminal case has been resolved. Before trial, the judge 
9 may allow discovery, where the State can ask you to respond 
10 in writing to questions and give them certain documents, 
11 and you can make similar requests of the State. The trial 
12 is your opportunity to explain what happened when your 
13 property was seized and why you should get the property 
14 back." 
15  (2) The laws of evidence relating to civil actions 
16 shall apply to proceedings under this Article with the 
17 following exception. The parties shall be allowed to use, 
18 and the court shall receive and consider all relevant 
19 hearsay evidence which relates to evidentiary foundation, 
20 chain of custody, business records, recordings, laboratory 
21 analysis, laboratory reports, and relevant hearsay related 
22 to the use of technology in the investigation which 
23 resulted in the seizure of property which is now subject to 
24 this forfeiture action.
25  (3) Only an owner of or interest holder in the property 
26 may file an answer asserting a claim against the property 
 
 
SB2834- 391 -LRB100 16078 KTG 33917 b


1 in the action in rem. For purposes of this Section, the 
2 owner or interest holder shall be referred to as claimant. 
3 Upon motion of the State, the court shall first hold a 
4 hearing, wherein any claimant must establish by a 
5 preponderance of the evidence, that he or she has a lawful, 
6 legitimate ownership interest in the property and that it 
7 was obtained through a lawful source.
8  (4) The answer must be signed by the owner or interest 
9 holder under penalty of perjury and must set forth:
10   (A) the caption of the proceedings as set forth on 
11 the notice of pending forfeiture and the name of the 
12 claimant;
13   (B) the address at which the claimant will accept 
14 mail;
15   (C) the nature and extent of the claimant's 
16 interest in the property;
17   (D) the date, identity of transferor, and 
18 circumstances of the claimant's acquisition of the 
19 interest in the property;
20   (E) the name and address of all other persons known 
21 to have an interest in the property;
22   (F) all essential facts supporting each assertion;
23   (G) the precise relief sought; and

24   (H) the answer shall follow the rules under the 
25 Code of Civil Procedure. 
26  (5) The answer must be filed with the court within 45 
 
 
SB2834- 392 -LRB100 16078 KTG 33917 b


1 days after service of the civil in rem complaint.
2  (6) The hearing must be held within 60 days after 
3 filing of the answer unless continued for good cause.

4  (7) At the judicial in rem proceeding, in the State's 
5 case in chief, the State shall show by a preponderance of 
6 the evidence that the property is subject to forfeiture. If 
7 the State makes such a showing, the claimant shall have the 
8 burden of production to set forth evidence that the 
9 property is not related to the alleged factual basis of the 
10 forfeiture. After this production of evidence, the State 
11 shall maintain the burden of proof to overcome this 
12 assertion. A claimant shall provide the State notice of its 
13 intent to allege that the currency or its equivalent is not 
14 related to the alleged factual basis of the forfeiture and 
15 why.
As to conveyances, at the judicial in rem proceeding, 
16 in their case in chief, the State shall show by a 
17 preponderance of the evidence, that (1) the property is 
18 subject to forfeiture; and (2) at least one of the 
19 following:
20   (i) that the claimant was legally accountable for 
21 the conduct giving rise to the forfeiture;
22   (ii) that the claimant knew or reasonably should 
23 have known of the conduct giving rise to the 
24 forfeiture;
25   (iii) that the claimant knew or reasonable should 
26 have known that the conduct giving rise to the 
 
 
SB2834- 393 -LRB100 16078 KTG 33917 b


1 forfeiture was likely to occur;
2   (iv) that the claimant held the property for the 
3 benefit of, or as nominee for, any person whose conduct 
4 gave rise to its forfeiture;
5   (v) that if the claimant acquired their interest 
6 through any person engaging in any of the conduct 
7 described above or conduct giving rise to the 
8 forfeiture;
9    (1) the claimant did not acquire it as a bona 
10 fide purchaser for value; or
11    (2) the claimant acquired the interest under 
12 the circumstances that they reasonably should have 
13 known the property was derived from, or used in, 
14 the conduct giving rise to the forfeiture; or
15   (vii) that the claimant is not the true owner of 
16 the property that is subject to forfeiture.

17  (8) If the State does not meet its burden to show that 
18 the property is subject to forfeiture, the court shall 
19 order the interest in the property returned or conveyed to 
20 the claimant and shall order all other property forfeited 
21 to the State. If the State does meet its burden to show 
22 that the property is subject to forfeiture, the court shall 
23 order all property forfeited to the State.
24  (9) A defendant convicted in any criminal proceeding is 
25 precluded from later denying the essential allegations of 
26 the criminal offense of which the defendant was convicted 
 
 
SB2834- 394 -LRB100 16078 KTG 33917 b


1 in any proceeding under this Article regardless of the 
2 pendency of an appeal from that conviction. However, 
3 evidence of the pendency of an appeal is admissible.
4  (10) On a motion by the the parties, the court may stay 
5 civil forfeiture proceedings during the criminal trial for 
6 a related criminal indictment or information alleging a 
7 money laundering violation. Such a stay shall not be 
8 available pending an appeal. Property subject to 
9 forfeiture under this Article shall not be subject to 
10 return or release by a court exercising jurisdiction over a 
11 criminal case involving the seizure of such property unless 
12 such return or release is consented to by the State's 
13 Attorney.
14  Notwithstanding any other provision of this Section, 
15 the State's burden of proof at the trial of the forfeiture 
16 action shall be by clear and convincing evidence if: (1) a 
17 finding of not guilty is entered as to all counts and all 
18 defendants in a criminal proceeding relating to the conduct 
19 giving rise to the forfeiture action; or (2) the State 
20 receives an adverse finding at a preliminary hearing and 
21 fails to secure an indictment in a criminal proceeding 
22 relating to the factual allegations of the forfeiture 
23 action. 
24  (11) All property declared forfeited under this 
25 Article vests in this State on the commission of the 
26 conduct giving rise to forfeiture together with the 
 
 
SB2834- 395 -LRB100 16078 KTG 33917 b


1 proceeds of the property after that time. Except as 
2 otherwise provided in this Article, title to any such 
3 property or proceeds subsequently transferred to any 
4 person remain subject to forfeiture and thereafter shall be 
5 ordered forfeited unless the person to whom the property 
6 was transferred makes an appropriate claim and has his or 
7 her claim adjudicated at the judicial in rem hearing.
8  (12) A civil action under this Article must be 
9 commenced within 5 years after the last conduct giving rise 
10 to forfeiture became known or should have become known or 5 
11 years after the forfeitable property is discovered, 
12 whichever is later, excluding any time during which either 
13 the property or claimant is out of the State or in 
14 confinement or during which criminal proceedings relating 
15 to the same conduct are in progress.
16 (m) Stay of time periods. If property is seized for 
17evidence and for forfeiture, the time periods for instituting 
18judicial and non-judicial forfeiture proceedings shall not 
19begin until the property is no longer necessary for evidence.
20 (n) Settlement of claims. Notwithstanding other provisions 
21of this Article, the State's Attorney and a claimant of seized 
22property may enter into an agreed-upon settlement concerning 
23the seized property in such an amount and upon such terms as 
24are set out in writing in a settlement agreement. All proceeds 
25from a settlement agreement shall be tendered to the Department 
26of State Police and distributed under paragraph (6) of 
 
 
SB2834- 396 -LRB100 16078 KTG 33917 b


1subsection (h) of this Section. 
2 (o) Property constituting attorney fees. Nothing in this 
3Article applies to property which constitutes reasonable bona 
4fide attorney's fees paid to an attorney for services rendered 
5or to be rendered in the forfeiture proceeding or criminal 
6proceeding relating directly thereto where such property was 
7paid before its seizure, before the issuance of any seizure 
8warrant or court order prohibiting transfer of the property and 
9where the attorney, at the time he or she received the property 
10did not know that it was property subject to forfeiture under 
11this Article.
12 (p) Construction. It is the intent of the General Assembly 
13that the forfeiture provisions of this Article be liberally 
14construed so as to effect their remedial purpose. The 
15forfeiture of property and other remedies hereunder shall be 
16considered to be in addition to, and not exclusive of, any 
17sentence or other remedy provided by law.
18 (q) Judicial review. If property has been declared 
19forfeited under subsection (k) of this Section, any person who 
20has an interest in the property declared forfeited may, within 
2130 days after the effective date of the notice of the 
22declaration of forfeiture, file a claim as described in 
23paragraph (3) of subsection (k) of this Section. If a claim is 
24filed under this Section, then the procedures described in 
25subsection (l) of this Section apply.
26 (r) (Blank).
 
 
SB2834- 397 -LRB100 16078 KTG 33917 b


1 (s) Review of administrative decisions.
All administrative 
2findings, rulings, final determinations, findings, and 
3conclusions of the State's Attorney's Office under this Article 
4are final and conclusive decisions of the matters involved. Any 
5person aggrieved by the decision may obtain review of the 
6decision pursuant to the provisions of the Administrative 
7Review Law and the rules adopted pursuant to that Law. Pending 
8final decision on such review, the administrative acts, orders, 
9and rulings of the State's Attorney's Office remain in full 
10force and effect unless modified or suspended by order of court 
11pending final judicial decision. Pending final decision on such 
12review, the acts, orders, and rulings of the State's Attorney's 
13Office remain in full force and effect, unless stayed by order 
14of court. However, no stay of any decision of the 
15administrative agency shall issue unless the person aggrieved 
16by the decision establishes by a preponderance of the evidence 
17that good cause exists for the stay. In determining good cause, 
18the court shall find that the aggrieved party has established a 
19substantial likelihood of prevailing on the merits and that 
20granting the stay will not have an injurious effect on the 
21general public.

22 (t) Actual physical seizure of real property subject to 
23forfeiture under this Act requires the issuance of a seizure 
24warrant. Nothing in this Section prohibits the constructive 
25seizure of real property through the filing of a complaint for 
26forfeiture in circuit court and the recording of a lis pendens 
 
 
SB2834- 398 -LRB100 16078 KTG 33917 b


1against the real property which is subject to forfeiture 
2without any hearing, warrant application, or judicial 
3approval.
4 (u) Property which is forfeited shall be subject to an 8th 
5amendment to the United States Constitution disproportionate 
6penalties analysis and the property forfeiture may be denied in 
7whole or in part if the court finds that the forfeiture would 
8constitute an excessive fine in violation of the 8th amendment 
9as interpreted by case law.
10 (v) If property is ordered forfeited under this Section 
11from a claimant who held title to the property in joint tenancy 
12or tenancy in common with another claimant, the court shall 
13determine the amount of each owner's interest in the property 
14according to principles of property law.
15 (w) A claimant or a party interested in personal property 
16contained within a seized conveyance may file a request with 
17the State's Attorney in a non-judicial forfeiture action, or a 
18motion with the court in a judicial forfeiture action for the 
19return of any personal property contained within a conveyance 
20which is seized under this Article. The return of personal 
21property shall not be unreasonably withheld if the personal 
22property is not mechanically or electrically coupled to the 
23conveyance, needed for evidentiary purposes, or otherwise 
24contraband. Any law enforcement agency that returns property 
25under a court order under this Section shall not be liable to 
26any person who claims ownership to the property if it is 
 
 
SB2834- 399 -LRB100 16078 KTG 33917 b


1returned to an improper party.
2 (x) Innocent owner hearing.
3  (1) After a complaint for forfeiture has been filed and 
4 all claimants have appeared and answered, a claimant may 
5 file a motion with the court for an innocent owner hearing 
6 prior to trial. This motion shall be made and supported by 
7 sworn affidavit and shall assert the following along with 
8 specific facts which support each assertion:
9   (i) that the claimant filing the motion is the true 
10 owner of the conveyance as interpreted by case law;
11   (ii) that the claimant was not legally accountable 
12 for the conduct giving rise to the forfeiture or 
13 acquiesced in the conduct;
14   (iii) that the claimant did not solicit, conspire, 
15 or attempt to commit the conduct giving rise to the 
16 forfeiture;
17   (iv) that the claimant did not know or did not have 
18 reason to know that the conduct giving rise to the 
19 forfeiture was likely to occur; and
20   (v) that the claimant did not hold the property for 
21 the benefit of, or as nominee for any person whose 
22 conduct gave rise to its forfeiture or if the owner or 
23 interest holder acquired the interest through any 
24 person, the owner or interest holder did not acquire it 
25 as a bona fide purchaser for value or acquired the 
26 interest without knowledge of the seizure of the 
 
 
SB2834- 400 -LRB100 16078 KTG 33917 b


1 property for forfeiture.
2  (2) The claimant shall include specific facts which 
3 support these assertions in their motion.
4  (3) Upon this filing, a hearing may only be conducted 
5 after the parties have been given the opportunity to 
6 conduct limited discovery as to the ownership and control 
7 of the property, the claimant's knowledge, or any matter 
8 relevant to the issues raised or facts alleged in the 
9 claimant's motion. Discovery shall be limited to the 
10 People's requests in these areas but may proceed by any 
11 means allowed in the Code of Civil Procedure.
12   (i) After discovery is complete and the court has 
13 allowed for sufficient time to review and investigate 
14 the discovery responses, the court shall conduct a 
15 hearing. At the hearing, the fact that the conveyance 
16 is subject to forfeiture shall not be at issue. The 
17 court shall only hear evidence relating to the issue of 
18 innocent ownership.
19   (ii) At the hearing on the motion, it shall be the 
20 burden of the claimant to prove each of the assertions 
21 listed in paragraph (1) of this subsection (x) by a 
22 preponderance of the evidence.
23   (iii) If a claimant meets his burden of proof, the 
24 court shall grant the motion and order the property 
25 returned to the claimant. If the claimant fails to meet 
26 his or her burden of proof then the court shall deny 
 
 
SB2834- 401 -LRB100 16078 KTG 33917 b


1 the motion.
2 (y) No property shall be forfeited under this Section from 
3a person who, without actual or constructive notice that the 
4property was the subject of forfeiture proceedings, obtained 
5possession of the property as a bona fide purchaser for value. 
6A person who purports to affect transfer of property after 
7receiving actual or constructive notice that the property is 
8subject to seizure or forfeiture is guilty of contempt of 
9court, and shall be liable to the State for a penalty in the 
10amount of the fair market value of the property.
11 (z) Forfeiture proceedings under this Section shall be 
12subject to the Code of Civil Procedure and the rules of 
13evidence relating to civil actions.
14 (aa) Return of property, damages, and costs.
15  (1) The law enforcement agency that holds custody of 
16 property seized for forfeiture shall deliver property 
17 ordered by the court to be returned or conveyed to the 
18 claimant within a reasonable time not to exceed 7 days, 
19 unless the order is stayed by the trial court or a 
20 reviewing court pending an appeal, motion to reconsider, or 
21 other reason.
22  (2) The law enforcement agency that holds custody of 
23 property is responsible for any damages, storage fees, and 
24 related costs applicable to property returned. The 
25 claimant shall not be subject to any charges by the State 
26 for storage of the property or expenses incurred in the 
 
 
SB2834- 402 -LRB100 16078 KTG 33917 b


1 preservation of the property. Charges for the towing of a 
2 conveyance shall be borne by the claimant unless the 
3 conveyance was towed for the sole reason of seizure for 
4 forfeiture. This Section does not prohibit the imposition 
5 of any fees or costs by a home rule unit of local 
6 government related to the impoundment of a conveyance under 
7 an ordinance enacted by the unit of government.
8  (3) A law enforcement agency shall not retain forfeited 
9 property for its own use or transfer the property to any 
10 person or entity, except as provided under this Section. A 
11 law enforcement agency may apply in writing to the Director 
12 of State Police to request that a forfeited property be 
13 awarded to the agency for a specifically articulated 
14 official law enforcement use in an investigation. The 
15 Director of State Police shall provide a written 
16 justification in each instance detailing the reasons why 
17 the forfeited property was placed into official use and the 
18 justification shall be retained for a period of not less 
19 than 3 years.
20 (bb) The changes made to this Section by this amendatory 
21Act of the 100th General Assembly are subject to Sections 2 and 
224 of the Statute on Statutes. 
23(Source: P.A. 99-480, eff. 9-9-15; 100-512, eff. 7-1-18.)


24 Section 100. The Illinois Controlled Substances Act is 
25amended by changing Sections 302, 411.2, and 501 as follows:

 
 
SB2834- 403 -LRB100 16078 KTG 33917 b


1 (720 ILCS 570/302) (from Ch. 56 1/2, par. 1302)
2 Sec. 302. (a) Every person who manufactures, distributes, 
3or dispenses
any controlled substances; engages in chemical 
4analysis, research, or
instructional activities which utilize 
5controlled substances; purchases, stores, or administers 
6euthanasia drugs, within this
State; provides canine odor 
7detection services; proposes to engage in the
manufacture, 
8distribution, or dispensing of any controlled substance; 
9proposes to
engage in chemical analysis, research, or 
10instructional activities
which utilize controlled substances; 
11proposes to engage in purchasing, storing, or
administering 
12euthanasia drugs; or proposes to provide canine odor detection 
13services within this State, must obtain a
registration issued 
14by the Department of Financial and Professional Regulation in

15accordance with its rules. The rules shall
include, but not be 
16limited to, setting the expiration date and renewal
period for 
17each registration under this Act. The Department,
any facility 
18or service licensed by the Department, and any veterinary 
19hospital or clinic operated by a veterinarian or veterinarians 
20licensed under the Veterinary Medicine and Surgery Practice Act 
21of 2004 or maintained by a State-supported or publicly funded 
22university or college shall be exempt
from the regulation 
23requirements of this Section; however, such exemption shall not 
24operate to bar the University of Illinois from requesting, nor 
25the Department of Financial and Professional Regulation from 
 
 
SB2834- 404 -LRB100 16078 KTG 33917 b


1issuing, a registration to the University of Illinois 
2Veterinary Teaching Hospital under this Act. Neither a request 
3for such registration nor the issuance of such registration to 
4the University of Illinois shall operate to otherwise waive or 
5modify the exemption provided in this subsection (a).


6 (b) Persons registered by the Department of Financial and 
7Professional Regulation
under this Act to manufacture, 
8distribute, or dispense controlled
substances, engage in 
9chemical analysis, research, or instructional activities which 
10utilize controlled substances, purchase, store, or administer 
11euthanasia drugs, or provide canine odor detection services, 
12may
possess, manufacture, distribute, engage in chemical 
13analysis, research, or instructional activities which utilize 
14controlled substances, dispense those
substances, or purchase, 
15store, or administer euthanasia drugs, or provide canine odor 
16detection services to the
extent authorized by their 
17registration and in conformity
with the other provisions of 
18this Article.


19 (c) The following persons need not register and may 
20lawfully possess
controlled substances under this Act:


21  (1) an agent or employee of any registered 
22 manufacturer, distributor, or
dispenser of any controlled 
23 substance if he or she is acting in the usual course
of his 
24 or her employer's lawful business or employment;


25  (2) a common or contract carrier or warehouseman, or an 
26 agent or
employee thereof, whose possession of any 
 
 
SB2834- 405 -LRB100 16078 KTG 33917 b


1 controlled substance is in the
usual lawful course of such 
2 business or employment;


3  (3) an ultimate user or a person in possession of a 
4 controlled substance prescribed for the ultimate user 
5 under a lawful prescription of a practitioner, including an 
6 advanced practice registered nurse, practical nurse, or 
7 registered nurse licensed under the Nurse Practice Act, or 
8 a physician assistant licensed under the Physician 
9 Assistant Practice Act of 1987, who provides hospice 
10 services to a hospice patient or who provides home health 
11 services to a person, or a person in possession of any 
12 controlled
substance pursuant to a lawful prescription of a 
13 practitioner or in lawful
possession of a Schedule V 
14 substance. In this Section, "home health services" has the 
15 meaning ascribed to it in the Home Health, Home Services, 
16 and Home Nursing Agency Licensing Act; and "hospice 
17 patient" and "hospice services" have the meanings ascribed 
18 to them in the Hospice Program Licensing Act;


19  (4) officers and employees of this State or of the 
20 United States while
acting in the lawful course of their 
21 official duties which requires
possession of controlled 
22 substances;


23  (5) a registered pharmacist who is employed in, or the 
24 owner of, a
pharmacy licensed under this Act and the 
25 Federal Controlled Substances Act,
at the licensed 
26 location, or if he or she is acting in the usual course of 
 
 
SB2834- 406 -LRB100 16078 KTG 33917 b


1 his or her
lawful profession, business, or employment;
2  (6) a holder of a temporary license issued under 
3 Section 17 of the Medical Practice
Act of 1987 practicing 
4 within the scope of that license and in compliance with the 
5 rules adopted
under this Act. In addition to possessing 
6 controlled substances, a temporary license holder may

7 order, administer, and prescribe controlled substances 
8 when acting within the scope of his or her
license and in 
9 compliance with the rules adopted under this Act.


10 (d) A separate registration is required at each place of

11business or professional practice where the applicant 
12manufactures,
distributes, or dispenses controlled substances, 
13or purchases, stores, or
administers euthanasia drugs.
Persons 
14are required to obtain a separate registration for each
place 
15of business or professional practice where controlled

16substances are located or stored. A separate registration is

17not required for every location at which a controlled substance

18may be prescribed.


19 (e) The Department of Financial and Professional 
20Regulation or the Illinois
State Police may inspect the 
21controlled premises, as defined in Section
502 of this Act, of 
22a registrant or applicant for registration in
accordance with 
23this Act and the rules promulgated hereunder and with regard
to 
24persons licensed by the Department, in accordance with 
25subsection (bb)
of Section 30-5
of the Substance Use Disorder 
26Act Alcoholism and Other Drug Abuse and Dependency Act and
the 
 
 
SB2834- 407 -LRB100 16078 KTG 33917 b


1rules and
regulations promulgated thereunder.


2(Source: P.A. 99-163, eff. 1-1-16; 99-247, eff. 8-3-15; 99-642, 
3eff. 7-28-16; 100-513, eff. 1-1-18.)





4 (720 ILCS 570/411.2) (from Ch. 56 1/2, par. 1411.2)



5 Sec. 411.2. 
(a) Every person convicted of a violation of 
6this Act, and
every person placed on probation, conditional 
7discharge, supervision or
probation under Section 410 of this 
8Act, shall be assessed for each offense
a sum fixed at:


9  (1) $3,000 for a Class X felony;


10  (2) $2,000 for a Class 1 felony;


11  (3) $1,000 for a Class 2 felony;


12  (4) $500 for a Class 3 or Class 4 felony;


13  (5) $300 for a Class A misdemeanor;


14  (6) $200 for a Class B or Class C misdemeanor.

15 (b) The assessment under this Section is in addition to and 
16not in lieu
of any fines, restitution costs, forfeitures or 
17other assessments
authorized or required by law.

18 (c) As a condition of the assessment, the court may require 
19that payment
be made in specified installments or within a 
20specified period of time. If
the assessment is not paid within 
21the period of probation, conditional
discharge or supervision 
22to which the defendant was originally sentenced,
the court may 
23extend the period of probation, conditional discharge or

24supervision pursuant to Section 5-6-2 or 5-6-3.1 of the Unified 
25Code of
Corrections, as applicable, until the assessment is 
 
 
SB2834- 408 -LRB100 16078 KTG 33917 b


1paid or until
successful completion of public or community 
2service set forth in
subsection (e) or the successful 
3completion of the substance abuse
intervention or treatment 
4program set forth in subsection (f). If a term
of probation, 
5conditional discharge or supervision is not imposed, the

6assessment shall be payable upon judgment or as directed by the 
7court.

8 (d) If an assessment for a violation of this Act is imposed 
9on an
organization, it is the duty of each individual 
10authorized to make
disbursements of the assets of the 
11organization to pay the assessment from
assets of the 
12organization.

13 (e) A defendant who has been ordered to pay an assessment 
14may petition
the court to convert all or part of the assessment 
15into court-approved
public or community service. One hour of 
16public or community service shall
be equivalent to $4 of 
17assessment. The performance of this public or
community service 
18shall be a condition of the probation, conditional
discharge or 
19supervision and shall be in addition to the performance of any

20other period of public or community service ordered by the 
21court or required
by law.

22 (f) The court may suspend the collection of the assessment 
23imposed
under this Section; provided the defendant agrees to 
24enter a substance
abuse intervention or treatment program 
25approved by the court; and further
provided that the defendant 
26agrees to pay for all or some portion of the
costs associated 
 
 
SB2834- 409 -LRB100 16078 KTG 33917 b


1with the intervention or treatment program. In this case,
the 
2collection of the assessment imposed under this Section shall 
3be
suspended during the defendant's participation in the 
4approved
intervention or treatment program. Upon successful 
5completion of the
program, the defendant may apply to the court 
6to reduce the assessment
imposed under this Section by any 
7amount actually paid by the defendant for
his or her 
8participation in the program. The court shall not reduce the 
9penalty
under this subsection unless the defendant establishes 
10to the satisfaction
of the court that he or she has 
11successfully completed the intervention or
treatment program. 
12If the defendant's participation is for any reason
terminated 
13before his or her successful completion of the intervention or

14treatment program, collection of the entire assessment imposed 
15under this
Section shall be enforced. Nothing in this Section 
16shall be deemed to
affect or suspend any other fines, 
17restitution costs, forfeitures or
assessments imposed under 
18this or any other Act.

19 (g) The court shall not impose more than one assessment per 
20complaint,
indictment or information. If the person is 
21convicted of more than one
offense in a complaint, indictment 
22or information, the assessment shall be
based on the highest 
23class offense for which the person is convicted.

24 (h) In counties under 3,000,000, all moneys collected under 
25this Section
shall be forwarded by the clerk of the circuit 
26court to the State Treasurer
for deposit in the Drug Treatment 
 
 
SB2834- 410 -LRB100 16078 KTG 33917 b


1Fund, which is hereby established as a
special fund within the 
2State Treasury. The Department of Human Services may make 
3grants to persons licensed under
Section 15-10 of
the Substance 
4Use Disorder Act Alcoholism and Other Drug Abuse and Dependency 
5Act or to
municipalities
or counties from funds appropriated to 
6the Department from the Drug
Treatment Fund for the treatment 
7of pregnant women who are addicted to
alcohol, cannabis or 
8controlled substances and for the needed care of
minor, 
9unemancipated children of women undergoing residential drug

10treatment. If the Department of Human Services grants funds
to 
11a municipality or a county that the Department determines is 
12not
experiencing a problem with pregnant women addicted to 
13alcohol, cannabis or
controlled substances, or with care for 
14minor, unemancipated children of
women undergoing residential 
15drug treatment, or intervention, the funds
shall be used for 
16the treatment of any person addicted to alcohol, cannabis
or 
17controlled substances. The Department may adopt such rules as 
18it deems
appropriate for the administration of such grants.

19 (i) In counties over 3,000,000, all moneys collected under 
20this Section
shall be forwarded to the County Treasurer for 
21deposit into the County
Health Fund. The County Treasurer 
22shall, no later than the
15th day of each month, forward to the 
23State Treasurer 30 percent of all
moneys collected under this 
24Act and received into the County Health
Fund since the prior 
25remittance to the State Treasurer.
Funds retained by the County 
26shall be used for community-based treatment of
pregnant women 
 
 
SB2834- 411 -LRB100 16078 KTG 33917 b


1who are addicted to alcohol, cannabis, or controlled
substances 
2or for the needed care of minor, unemancipated children of 
3these
women. Funds forwarded to the State Treasurer shall be 
4deposited into the
State Drug Treatment Fund maintained by the 
5State Treasurer from which the
Department of Human Services may 
6make
grants to persons licensed under Section 15-10 of the 
7Substance Use Disorder Act Alcoholism and
Other Drug
Abuse and 
8Dependency Act or to municipalities or counties from funds

9appropriated to
the Department from the Drug Treatment Fund, 
10provided that the moneys
collected from each county be returned 
11proportionately to the counties
through grants to licensees 
12located within the county from which the
assessment was 
13received and moneys in the State Drug Treatment Fund shall
not 
14supplant other local, State or federal funds. If the Department 
15of Human
Services grants funds to a
municipality or county that 
16the Department determines is not experiencing a
problem with 
17pregnant women addicted to alcohol, cannabis or controlled

18substances, or with care for minor, unemancipated children or 
19women
undergoing residential drug treatment, the funds shall be 
20used for the
treatment of any person addicted to alcohol, 
21cannabis or controlled
substances. The Department may adopt 
22such rules as it deems appropriate
for the administration of 
23such grants.

24(Source: P.A. 97-334, eff. 1-1-12.)





25 (720 ILCS 570/501) (from Ch. 56 1/2, par. 1501)



 
 
SB2834- 412 -LRB100 16078 KTG 33917 b


1 Sec. 501. 
(a) It is hereby made the duty of the Department 
2of Financial and
Professional Regulation and the Illinois State 
3Police, and their
agents, officers, and investigators, to 
4enforce all
provisions of this Act, except those specifically 
5delegated, and to cooperate
with all agencies charged with the 
6enforcement of the laws of the United
States, or of any State, 
7relating to controlled substances. Only an agent,
officer, or 
8investigator designated by the Secretary of the Department of 
9Financial and Professional Regulation or the Director of the 
10Illinois State Police may: (1)
for the purpose of inspecting, 
11copying, and verifying the correctness of
records, reports or 
12other documents required to be kept or made under this Act
and 
13otherwise facilitating the execution of the functions of the 
14Department of Financial and
Professional Regulation or the 
15Illinois State Police, be
authorized in accordance with this 
16Section to enter controlled premises
and to conduct 
17administrative inspections thereof and of the things

18specified; or (2) execute and serve administrative inspection 
19notices,
warrants, subpoenas, and summonses under the 
20authority of this State.
Any inspection or administrative entry 
21of persons licensed by the
Department shall be made in 
22accordance with subsection (bb) of Section
30-5 of the 
23Substance Use Disorder Act Alcoholism and Other Drug Abuse and

24Dependency Act and the rules and regulations promulgated 
25thereunder.

26 (b) Administrative entries and inspections designated in

 
 
SB2834- 413 -LRB100 16078 KTG 33917 b


1clause (1) of subsection (a) shall be carried out through 
2agents,
officers, investigators and peace officers 
3(hereinafter referred to as
"inspectors") designated by the 
4Secretary of the Department of Financial and Professional 
5Regulation. Any inspector, upon stating
his or her purpose and 
6presenting to the owner, operator, or agent in
charge of the 
7premises (1) appropriate credentials and (2) a
written notice 
8of his or her inspection authority (which notice, in the
case 
9of an inspection requiring or in fact supported by an 
10administrative
inspection warrant, shall consist of that

11warrant), shall have the right to enter the premises and 
12conduct
the inspection at reasonable times.

13 Inspectors appointed before the effective date of this 
14amendatory Act of the 97th General Assembly by the Secretary of 
15Financial and Professional Regulation under this Section 501 
16are
conservators of the peace and as such have all the powers 
17possessed by
policemen in municipalities and by sheriffs, 
18except that they may exercise such
powers anywhere in the 
19State. 

20 A Chief of Investigations of the Department of Financial 
21and Professional Regulation's Division of Professional 
22Regulation appointed by the Secretary of Financial and 
23Professional Regulation on or after the effective date of this 
24amendatory Act of the 97th General Assembly is a
conservator of 
25the peace and as such has all the powers possessed by
policemen 
26in municipalities and by sheriffs, except that he or she may 
 
 
SB2834- 414 -LRB100 16078 KTG 33917 b


1exercise such
powers anywhere in the State. Any other employee 
2of the Department of Financial and Professional Regulation 
3appointed by the Secretary of Financial and Professional 
4Regulation or by the Director of Professional Regulation on or 
5after the effective date of this amendatory Act of the 97th 
6General Assembly under this Section 501 is not a
conservator of 
7the peace. 
8 (c) Except as may otherwise be indicated in an applicable 
9inspection
warrant, the inspector shall have the right:


10  (1) to inspect and copy records, reports and other 
11 documents
required to be kept or made under this Act;


12  (2) to inspect, within reasonable limits and in a 
13 reasonable
manner, controlled premises and all pertinent 
14 equipment, finished and
unfinished drugs and other 
15 substances or materials, containers and
labeling found 
16 therein, and all other things therein (including
records, 
17 files, papers, processes, controls and facilities) 
18 appropriate
for verification of the records, reports and 
19 documents referred to in
item (1) or otherwise bearing on 
20 the provisions of this Act;
and


21  (3) to inventory any stock of any controlled substance.

22 (d) Except when the owner, operator, or agent in charge of 
23the
controlled premises so consents in writing, no inspection 
24authorized by
this Section shall extend to:


25  (1) financial data;


26  (2) sales data other than shipment data; or


 
 
SB2834- 415 -LRB100 16078 KTG 33917 b


1  (3) pricing data.

2 Any inspection or administrative entry of persons licensed 
3by the
Department shall be made in accordance with subsection 
4(bb) of Section
30-5 of the Substance Use Disorder Act 
5Alcoholism and Other Drug Abuse and
Dependency Act and the 
6rules and regulations
promulgated
thereunder.

7 (e) Any agent, officer, investigator or peace officer 
8designated by
the Secretary of the Department of Financial and 
9Professional Regulation may (1) make seizure of
property 
10pursuant to the provisions of this Act; and (2) perform such

11other law enforcement duties as the Secretary shall designate. 
12It is
hereby made the duty of all State's Attorneys to 
13prosecute violations of
this Act and institute legal 
14proceedings as authorized under this Act.

15(Source: P.A. 97-334, eff. 1-1-12.)


16 Section 105. The Methamphetamine Control and Community 
17Protection Act is amended by changing Section 80 as follows:

18 (720 ILCS 646/80)

19 Sec. 80. Assessment. 
20 (a) Every person convicted of a violation of this Act, and 
21every person placed on probation, conditional discharge, 
22supervision, or probation under this Act, shall be assessed for 
23each offense a sum fixed at:

24  (1) $3,000 for a Class X felony;

 
 
SB2834- 416 -LRB100 16078 KTG 33917 b


1  (2) $2,000 for a Class 1 felony;

2  (3) $1,000 for a Class 2 felony;

3  (4) $500 for a Class 3 or Class 4 felony.
4 (b) The assessment under this Section is in addition to and 
5not in lieu of any fines, restitution, costs, forfeitures, or 
6other assessments authorized or required by law.

7 (c) As a condition of the assessment, the court may require 
8that payment be made in specified installments or within a 
9specified period of time. If the assessment is not paid within 
10the period of probation, conditional discharge, or supervision 
11to which the defendant was originally sentenced, the court may 
12extend the period of probation, conditional discharge, or 
13supervision pursuant to Section 5-6-2 or 5-6-3.1 of the Unified 
14Code of Corrections, as applicable, until the assessment is 
15paid or until successful completion of public or community 
16service set forth in subsection (e) or the successful 
17completion of the substance abuse intervention or treatment 
18program set forth in subsection (f). If a term of probation, 
19conditional discharge, or supervision is not imposed, the 
20assessment shall be payable upon judgment or as directed by the 
21court.

22 (d) If an assessment for a violation of this Act is imposed 
23on an organization, it is the duty of each individual 
24authorized to make disbursements of the assets of the 
25organization to pay the assessment from assets of the 
26organization.

 
 
SB2834- 417 -LRB100 16078 KTG 33917 b


1 (e) A defendant who has been ordered to pay an assessment 
2may petition the court to convert all or part of the assessment 
3into court-approved public or community service. One hour of 
4public or community service shall be equivalent to $4 of 
5assessment. The performance of this public or community service 
6shall be a condition of the probation, conditional discharge, 
7or supervision and shall be in addition to the performance of 
8any other period of public or community service ordered by the 
9court or required by law.

10 (f) The court may suspend the collection of the assessment 
11imposed under this Section if the defendant agrees to enter a 
12substance abuse intervention or treatment program approved by 
13the court and the defendant agrees to pay for all or some 
14portion of the costs associated with the intervention or 
15treatment program. In this case, the collection of the 
16assessment imposed under this Section shall be suspended during 
17the defendant's participation in the approved intervention or 
18treatment program. Upon successful completion of the program, 
19the defendant may apply to the court to reduce the assessment 
20imposed under this Section by any amount actually paid by the 
21defendant for his or her participation in the program. The 
22court shall not reduce the penalty under this subsection unless 
23the defendant establishes to the satisfaction of the court that 
24he or she has successfully completed the intervention or 
25treatment program. If the defendant's participation is for any 
26reason terminated before his or her successful completion of 
 
 
SB2834- 418 -LRB100 16078 KTG 33917 b


1the intervention or treatment program, collection of the entire 
2assessment imposed under this Section shall be enforced. 
3Nothing in this Section shall be deemed to affect or suspend 
4any other fines, restitution costs, forfeitures, or 
5assessments imposed under this or any other Act.

6 (g) The court shall not impose more than one assessment per 
7complaint, indictment, or information. If the person is 
8convicted of more than one offense in a complaint, indictment, 
9or information, the assessment shall be based on the highest 
10class offense for which the person is convicted.

11 (h) In counties with a population under 3,000,000, all 
12moneys collected under this Section shall be forwarded by the 
13clerk of the circuit court to the State Treasurer for deposit 
14in the Drug Treatment Fund. The Department of Human Services 
15may make grants to persons licensed under Section 15-10 of the 
16Substance Use Disorder Act Alcoholism and Other Drug Abuse and 
17Dependency Act or to municipalities or counties from funds 
18appropriated to the Department from the Drug Treatment Fund for 
19the treatment of pregnant women who are addicted to alcohol, 
20cannabis or controlled substances and for the needed care of 
21minor, unemancipated children of women undergoing residential 
22drug treatment. If the Department of Human Services grants 
23funds to a municipality or a county that the Department 
24determines is not experiencing a problem with pregnant women 
25addicted to alcohol, cannabis or controlled substances, or with 
26care for minor, unemancipated children of women undergoing 
 
 
SB2834- 419 -LRB100 16078 KTG 33917 b


1residential drug treatment, or intervention, the funds shall be 
2used for the treatment of any person addicted to alcohol, 
3cannabis, or controlled substances. The Department may adopt 
4such rules as it deems appropriate for the administration of 
5such grants.

6 (i) In counties with a population of 3,000,000 or more, all 
7moneys collected under this Section shall be forwarded to the 
8County Treasurer for deposit into the County Health Fund. The 
9County Treasurer shall, no later than the 15th day of each 
10month, forward to the State Treasurer 30 percent of all moneys 
11collected under this Act and received into the County Health 
12Fund since the prior remittance to the State Treasurer. Funds 
13retained by the County shall be used for community-based 
14treatment of pregnant women who are addicted to alcohol, 
15cannabis, or controlled substances or for the needed care of 
16minor, unemancipated children of these women. Funds forwarded 
17to the State Treasurer shall be deposited into the State Drug 
18Treatment Fund maintained by the State Treasurer from which the 
19Department of Human Services may make grants to persons 
20licensed under Section 15-10 of the Alcoholism and Other Drug 
21Abuse and Dependency Act or to municipalities or counties from 
22funds appropriated to the Department from the Drug Treatment 
23Fund, provided that the moneys collected from each county be 
24returned proportionately to the counties through grants to 
25licensees located within the county from which the assessment 
26was received and moneys in the State Drug Treatment Fund shall 
 
 
SB2834- 420 -LRB100 16078 KTG 33917 b


1not supplant other local, State or federal funds. If the 
2Department of Human Services grants funds to a municipality or 
3county that the Department determines is not experiencing a 
4problem with pregnant women addicted to alcohol, cannabis or 
5controlled substances, or with care for minor, unemancipated 
6children or women undergoing residential drug treatment, the 
7funds shall be used for the treatment of any person addicted to 
8alcohol, cannabis or controlled substances. The Department may 
9adopt such rules as it deems appropriate for the administration 
10of such grants.


11(Source: P.A. 94-556, eff. 9-11-05.)

12 Section 110. The Unified Code of Corrections is amended by 
13changing Sections 3-6-2, 3-8-5, 3-19-5, 3-19-10, 5-2-6, 
145-4.5-95, and 5-5-3 as follows:

15 (730 ILCS 5/3-6-2) (from Ch. 38, par. 1003-6-2)
16 Sec. 3-6-2. Institutions and Facility Administration.


17 (a) Each institution and facility of the Department shall 
18be
administered by a chief administrative officer appointed by

19the Director. A chief administrative officer shall be

20responsible for all persons assigned to the institution or

21facility. The chief administrative officer shall administer

22the programs of the Department for the custody and treatment
of 
23such persons.


24 (b) The chief administrative officer shall have such 
 
 
SB2834- 421 -LRB100 16078 KTG 33917 b


1assistants
as the Department may assign.


2 (c) The Director or Assistant Director shall have the

3emergency powers to temporarily transfer individuals without

4formal procedures to any State, county, municipal or regional

5correctional or detention institution or facility in the State,

6subject to the acceptance of such receiving institution or

7facility, or to designate any reasonably secure place in the

8State as such an institution or facility and to make transfers

9thereto. However, transfers made under emergency powers shall

10be reviewed as soon as practicable under Article 8, and shall

11be subject to Section 5-905 of the Juvenile Court Act of
1987. 
12This Section shall not apply to transfers to the Department of

13Human Services which are provided for under
Section 3-8-5 or 
14Section 3-10-5.


15 (d) The Department shall provide educational programs for 
16all
committed persons so that all persons have an opportunity 
17to
attain the achievement level equivalent to the completion of

18the twelfth grade in the public school system in this State.

19Other higher levels of attainment shall be encouraged and

20professional instruction shall be maintained wherever 
21possible.
The Department may establish programs of mandatory 
22education and may
establish rules and regulations for the 
23administration of such programs.
A person committed to the 
24Department who, during the period of his or her
incarceration, 
25participates in an educational program provided by or through

26the Department and through that program is awarded or earns the 
 
 
SB2834- 422 -LRB100 16078 KTG 33917 b


1number of
hours of credit required for the award of an 
2associate, baccalaureate, or
higher degree from a community 
3college, college, or university located in
Illinois shall 
4reimburse the State, through the Department, for the costs

5incurred by the State in providing that person during his or 
6her incarceration
with the education that qualifies him or her 
7for the award of that degree. The
costs for which reimbursement 
8is required under this subsection shall be
determined and 
9computed by the Department under rules and regulations that
it 
10shall establish for that purpose. However, interest at the rate 
11of 6%
per annum shall be charged on the balance of those costs 
12from time to time
remaining unpaid, from the date of the 
13person's parole, mandatory supervised
release, or release 
14constituting a final termination of his or her commitment
to 
15the Department until paid.

16 (d-5) A person committed to the Department is entitled to 
17confidential testing for infection with human immunodeficiency 
18virus (HIV) and to counseling in connection with such testing, 
19with no copay to the committed person. A person committed to 
20the Department who has tested positive for infection with HIV 
21is entitled to medical care while incarcerated, counseling, and 
22referrals to support services, in connection with that positive 
23test result. Implementation of this subsection (d-5) is subject 
24to appropriation.


25 (e) A person committed to the Department who becomes in 
26need
of medical or surgical treatment but is incapable of 
 
 
SB2834- 423 -LRB100 16078 KTG 33917 b


1giving
consent thereto shall receive such medical or surgical 
2treatment
by the chief administrative officer consenting on the 
3person's behalf.
Before the chief administrative officer 
4consents, he or she shall
obtain the advice of one or more 
5physicians licensed to practice medicine
in all its branches in 
6this State. If such physician or physicians advise:


7  (1) that immediate medical or surgical treatment is 
8 required
relative to a condition threatening to cause 
9 death, damage or
impairment to bodily functions, or 
10 disfigurement; and


11  (2) that the person is not capable of giving consent to 
12 such treatment;
the chief administrative officer may give 
13 consent for such
medical or surgical treatment, and such 
14 consent shall be
deemed to be the consent of the person for 
15 all purposes,
including, but not limited to, the authority 
16 of a physician
to give such treatment.
17 (e-5) If a physician providing medical care to a committed 
18person on behalf of the Department advises the chief 
19administrative officer that the committed person's mental or 
20physical health has deteriorated as a result of the cessation 
21of ingestion of food or liquid to the point where medical or 
22surgical treatment is required to prevent death, damage, or 
23impairment to bodily functions, the chief administrative 
24officer may authorize such medical or surgical treatment.


25 (f) In the event that the person requires medical care and

26treatment at a place other than the institution or facility,

 
 
SB2834- 424 -LRB100 16078 KTG 33917 b


1the person may be removed therefrom under conditions prescribed

2by the Department.
The Department shall require the committed 
3person receiving medical or dental
services on a non-emergency 
4basis to pay a $5 co-payment to the Department for
each visit 
5for medical or dental services. The amount of each co-payment 
6shall be deducted from the
committed person's individual 
7account.
A committed person who has a chronic illness, as 
8defined by Department rules
and regulations, shall be exempt 
9from the $5 co-payment for treatment of the
chronic illness. A 
10committed person shall not be subject to a $5 co-payment
for 
11follow-up visits ordered by a physician, who is employed by, or 
12contracts
with, the Department. A committed person who is 
13indigent is exempt from the
$5 co-payment
and is entitled to 
14receive medical or dental services on the same basis as a

15committed person who is financially able to afford the 
16co-payment.
For purposes of this Section only, "indigent" means 
17a committed person who has $20 or less in his or her Inmate 
18Trust Fund at the time of such services and for the 30 days 
19prior to such services. Notwithstanding any other provision in 
20this subsection (f) to the contrary,
any person committed to 
21any facility operated by the Department of Juvenile Justice, as 
22set
forth in Section 3-2.5-15 of this Code, is exempt from the

23co-payment requirement for the duration of confinement in those 
24facilities.


25 (g) Any person having sole custody of a child at
the time 
26of commitment or any woman giving birth to a child after
her 
 
 
SB2834- 425 -LRB100 16078 KTG 33917 b


1commitment, may arrange through the Department of Children
and 
2Family Services for suitable placement of the child outside
of 
3the Department of Corrections. The Director of the Department

4of Corrections may determine that there are special reasons why

5the child should continue in the custody of the mother until 
6the
child is 6 years old.


7 (h) The Department may provide Family Responsibility 
8Services which
may consist of, but not be limited to the 
9following:


10  (1) family advocacy counseling;


11  (2) parent self-help group;


12  (3) parenting skills training;


13  (4) parent and child overnight program;


14  (5) parent and child reunification counseling, either 
15 separately or
together, preceding the inmate's release; 
16 and


17  (6) a prerelease reunification staffing involving the 
18 family advocate,
the inmate and the child's counselor, or 
19 both and the inmate.


20 (i) (Blank).

21 (j) Any person convicted of a sex offense as defined in the 
22Sex Offender
Management Board Act shall be required to receive 
23a sex offender evaluation
prior to release into the community 
24from the Department of Corrections. The
sex offender evaluation 
25shall be conducted in conformance with the standards
and 
26guidelines developed under
the Sex Offender Management Board 
 
 
SB2834- 426 -LRB100 16078 KTG 33917 b


1Act and by an evaluator approved by the
Board.

2 (k) Any minor committed to the Department of Juvenile 
3Justice
for a sex offense as defined by the Sex Offender 
4Management Board Act shall be
required to undergo sex offender 
5treatment by a treatment provider approved by
the Board and 
6conducted in conformance with the Sex Offender Management Board

7Act.

8 (l) Prior to the release of any inmate committed to a 
9facility of the Department or the Department of Juvenile 
10Justice, the Department must provide the inmate with 
11appropriate information verbally, in writing, by video, or 
12other electronic means, concerning HIV and AIDS. The Department 
13shall develop the informational materials in consultation with 
14the Department of Public Health. At the same time, the 
15Department must also offer the committed person the option of 
16testing for infection with human immunodeficiency virus (HIV), 
17with no copayment for the test. Pre-test information shall be 
18provided to the committed person and informed consent obtained 
19as required in subsection (d) of Section 3 and Section 5 of the 
20AIDS Confidentiality Act. The Department may conduct opt-out 
21HIV testing as defined in Section 4 of the AIDS Confidentiality 
22Act. If the Department conducts opt-out HIV testing, the 
23Department shall place signs in English, Spanish and other 
24languages as needed in multiple, highly visible locations in 
25the area where HIV testing is conducted informing inmates that 
26they will be tested for HIV unless they refuse, and refusal or 
 
 
SB2834- 427 -LRB100 16078 KTG 33917 b


1acceptance of testing shall be documented in the inmate's 
2medical record. The Department shall follow procedures 
3established by the Department of Public Health to conduct HIV 
4testing and testing to confirm positive HIV test results. All 
5testing must be conducted by medical personnel, but pre-test 
6and other information may be provided by committed persons who 
7have received appropriate training. The Department, in 
8conjunction with the Department of Public Health, shall develop 
9a plan that complies with the AIDS Confidentiality Act to 
10deliver confidentially all positive or negative HIV test 
11results to inmates or former inmates. Nothing in this Section 
12shall require the Department to offer HIV testing to an inmate 
13who is known to be infected with HIV, or who has been tested 
14for HIV within the previous 180 days and whose documented HIV 
15test result is available to the Department electronically. The

16testing provided under this subsection (l) shall consist of a 
17test approved by the Illinois Department of Public Health to 
18determine the presence of HIV infection, based upon 
19recommendations of the United States Centers for Disease 
20Control and Prevention. If the test result is positive, a 
21reliable supplemental test based upon recommendations of the 
22United States Centers for Disease Control and Prevention shall 
23be
administered.

24 Prior to the release of an inmate who the Department knows 
25has tested positive for infection with HIV, the Department in a 
26timely manner shall offer the inmate transitional case 
 
 
SB2834- 428 -LRB100 16078 KTG 33917 b


1management, including referrals to other support services.


2 (m) The chief administrative officer of each institution or 
3facility of the Department shall make a room in the institution 
4or facility available for substance use disorder addiction 
5recovery services to be provided to committed persons on a 
6voluntary basis. The services shall be provided for one hour 
7once a week at a time specified by the chief administrative 
8officer of the institution or facility if the following 
9conditions are met:
10  (1) the substance use disorder addiction recovery 
11 service contacts the chief administrative officer to 
12 arrange the meeting;
13  (2) the committed person may attend the meeting for 
14 substance use disorder addiction recovery services only if 
15 the committed person uses pre-existing free time already 
16 available to the committed person;
17  (3) all disciplinary and other rules of the institution 
18 or facility remain in effect;
19  (4) the committed person is not given any additional 
20 privileges to attend substance use disorder addiction 
21 recovery services;
22  (5) if the substance use disorder addiction recovery 
23 service does not arrange for scheduling a meeting for that 
24 week, no substance use disorder addiction recovery 
25 services shall be provided to the committed person in the 
26 institution or facility for that week;
 
 
SB2834- 429 -LRB100 16078 KTG 33917 b


1  (6) the number of committed persons who may attend a 
2 substance use disorder an addiction recovery meeting shall 
3 not exceed 40 during any session held at the correctional 
4 institution or facility;
5  (7) a volunteer seeking to provide substance use 
6 disorder addiction recovery services under this subsection 
7 (m) must submit an application to the Department of 
8 Corrections under existing Department rules and the 
9 Department must review the application within 60 days after 
10 submission of the application to the Department; and
11  (8) each institution and facility of the Department 
12 shall manage the substance use disorder addiction recovery 
13 services program according to its own processes and 
14 procedures.
15 For the purposes of this subsection (m), "substance use 
16disorder addiction recovery services" means recovery services 
17for persons with substance use disorders alcoholics and addicts 
18provided by volunteers of recovery support services recognized 
19by the Department of Human Services. 
20(Source: P.A. 96-284, eff. 1-1-10; 97-244, eff. 8-4-11; 97-323, 
21eff. 8-12-11; 97-562, eff. 1-1-12; 97-802, eff. 7-13-12; 
2297-813, eff. 7-13-12.)





23 (730 ILCS 5/3-8-5) (from Ch. 38, par. 1003-8-5)



24 Sec. 3-8-5. Transfer to Department of Human Services. 

25 (a) The Department shall cause inquiry and examination at

 
 
SB2834- 430 -LRB100 16078 KTG 33917 b


1periodic intervals to ascertain whether any person committed to 
2it may be
subject to involuntary admission, as defined in 
3Section 1-119 of the Mental
Health and Developmental 
4Disabilities Code, or meets the standard for judicial
admission 
5as defined in Section 4-500 of the Mental Health and 
6Developmental
Disabilities Code, or is an intoxicated person or 
7a person with a substance use disorder as defined in the 
8Substance Use Disorder Act. an addict, alcoholic or intoxicated 
9person as
defined in the Alcoholism and Other Drug Abuse and 
10Dependency
Act. The Department may provide special psychiatric 
11or psychological
or other counseling or treatment to such 
12persons in a separate institution
within the Department, or the 
13Director of the Department of Corrections
may transfer such 
14persons other than addicts, alcoholics or intoxicated
persons 
15or persons with substance use disorders to the Department of 
16Human Services for observation, diagnosis and treatment, 
17subject
to the approval
of the Director of the Department of 
18Human Services, for a period of not more than 6 months, if the 
19person
consents in writing to the transfer. The person shall be 
20advised of his
right not to consent, and if he does not 
21consent, such transfer may be
effected only by commitment under 
22paragraphs (c) and (d) of this Section.

23 (b) The person's spouse, guardian or nearest relative and 
24his attorney
of record shall be advised of their right to 
25object, and if objection is
made, such transfer may be effected 
26only by commitment under paragraph (c)
of this Section. Notices 
 
 
SB2834- 431 -LRB100 16078 KTG 33917 b


1of such transfer shall be mailed to such person's
spouse, 
2guardian or nearest relative and to the attorney of record 
3marked
for delivery to addressee only at his last known address 
4by certified mail
with return receipt requested together with 
5written notification of the
manner and time within which he may 
6object thereto.

7 (c) If a committed person does not consent to his transfer 
8to the Department
of Human Services or if a
person objects 
9under
paragraph (b) of this Section, or if the Department of 
10Human Services determines that a transferred
person requires

11commitment to the Department of Human Services
for more than 6 
12months, or if the person's sentence will expire within 6

13months, the Director of the Department of Corrections shall 
14file a petition
in the circuit court of the county in which the 
15correctional institution
or facility is located requesting the 
16transfer of such person to the
Department of Human Services. A 
17certificate
of a psychiatrist, clinical psychologist or, if

18admission to a developmental disability facility is sought, of 
19a
physician that the person is in need of commitment to the

20Department of Human Services for treatment
or habilitation 
21shall be attached to the petition. Copies of the
petition shall 
22be furnished to the named person and to the state's
attorneys 
23of the county in which the correctional institution or facility

24is located and the county in which the named person was 
25committed to the
Department of Corrections.

26 (d) The court shall set a date for a hearing on the 
 
 
SB2834- 432 -LRB100 16078 KTG 33917 b


1petition within the
time limit set forth in the Mental Health 
2and Developmental Disabilities
Code. The hearing shall be 
3conducted in the manner prescribed by the Mental
Health and 
4Developmental Disabilities Code. If the person is found to be

5in need of commitment to the Department of Human Services for 
6treatment or habilitation, the
court may commit him to
that 
7Department.

8 (e) Nothing in this Section shall limit the right of the 
9Director or the
chief administrative officer of any institution 
10or facility to utilize the
emergency admission provisions of 
11the Mental Health and Developmental
Disabilities Code with 
12respect to any person in his custody or care. The
transfer of a 
13person to an institution or facility of the Department of Human

14Services under paragraph (a)
of this Section does not discharge 
15the person from the control of the
Department.

16(Source: P.A. 88-670, eff. 12-2-94; 89-507, eff. 7-1-97.)


17 (730 ILCS 5/3-19-5)
18 Sec. 3-19-5. Methamphetamine abusers pilot program; 
19Franklin County Juvenile Detention Center.
20 (a) There is created the Methamphetamine Abusers Pilot 
21Program at the Franklin County Juvenile Detention Center. The 
22Program shall be established upon adoption of a resolution or 
23ordinance by the Franklin County Board and with the consent of 
24the Secretary of Human Services.
25 (b) A person convicted of the unlawful possession of 
 
 
SB2834- 433 -LRB100 16078 KTG 33917 b


1methamphetamine under Section 60 of the Methamphetamine 
2Control and Community Protection Act, after an assessment by a 
3treatment designated program licensed under the Substance Use 
4Disorder Act Alcoholism and Other Drug Abuse and Dependency Act 
5that the person has a substance use disorder as defined in the 
6Substance Use Disorder Act is a methamphetamine abuser or 
7addict and may benefit from treatment for his or her substance 
8use disorder abuse or addiction, may be ordered by the court to 
9be committed to the Program established under this Section.
10 (c) The Program shall consist of medical and psychiatric 
11treatment for the substance use disorder abuse or addiction for 
12a period of at least 90 days and not to exceed 180 days. A 
13treatment plan for each person participating in the Program 
14shall be approved by the court in consultation with the 
15Department of Human Services. The Secretary of Human Services 
16shall appoint a Program Administrator to operate the Program 
17who shall be licensed to provide residential treatment for 
18substance use disorders alcoholism and other drug abuse and 
19dependency.
20 (d) Persons committed to the Program who are 17 years of 
21age or older shall be separated from minors under 17 years of 
22age who are detained in the Juvenile Detention Center and there 
23shall be no contact between them.
24 (e) Upon the establishment of the Pilot Program, the 
25Secretary of Human Services shall inform the chief judge of 
26each judicial circuit of this State of the existence of the 
 
 
SB2834- 434 -LRB100 16078 KTG 33917 b


1Program and its date of termination.
2 (f) The Secretary of Human Services, after consultation 
3with the Program Administrator, shall determine the 
4effectiveness of the Program in rehabilitating persons with 
5substance use disorders methamphetamine abusers and addicts 
6committed to the Program. The Secretary shall prepare a report 
7based on his or her assessment of the effectiveness of the 
8Program and shall submit the report to the Governor and General 
9Assembly within one year after January 1, 2006 (the effective 
10date of Public Act 94-549) and each year thereafter that the 
11Program continues operation.

12(Source: P.A. 94-549, eff. 1-1-06; 95-331, eff. 8-21-07.)

13 (730 ILCS 5/3-19-10)

14 Sec. 3-19-10. Methamphetamine abusers pilot program; 
15Franklin County Jail.
16 (a) There is created the Methamphetamine Abusers Pilot 
17Program at the Franklin County Jail. The Program shall be 
18established upon adoption of a resolution or ordinance by the 
19Franklin County Board and with the consent of the Secretary of 
20Human Services.
21 (b) A person convicted of the unlawful possession of 
22methamphetamine under Section 402 of the Illinois Controlled 
23Substances Act, after an assessment by a treatment designated 
24program licensed under the Substance Use Disorder Act 
25Alcoholism and Other Drug Abuse and Dependency Act that the 
 
 
SB2834- 435 -LRB100 16078 KTG 33917 b


1person has a substance use disorder as defined in the Substance 
2Use Disorder Act is a methamphetamine abuser or addict and may 
3benefit from treatment for his or her substance use disorder 
4abuse or addiction, may be ordered by the court to be committed 
5to the Program established under this Section.
6 (c) The Program shall consist of medical and psychiatric 
7treatment for the substance use disorder abuse or addiction for 
8a period of at least 90 days and not to exceed 180 days. A 
9treatment plan for each person participating in the Program 
10shall be approved by the court in consultation with the 
11Department of Human Services. The Secretary of Human Services 
12shall appoint a Program Administrator to operate the Program 
13who shall be licensed to provide residential treatment for 
14substance use disorders alcoholism and other drug abuse and 
15dependency.
16 (d) Upon the establishment of the Pilot Program, the 
17Secretary of Human Services shall inform the chief judge of 
18each judicial circuit of this State of the existence of the 
19Program and its date of termination.
20 (e) The Secretary of Human Services, after consultation 
21with the Program Administrator, shall determine the 
22effectiveness of the Program in rehabilitating persons with 
23substance use disorders methamphetamine abusers and addicts 
24committed to the Program. The Secretary shall prepare a report 
25based on his or her assessment of the effectiveness of the 
26Program and shall submit the report to the Governor and General 
 
 
SB2834- 436 -LRB100 16078 KTG 33917 b


1Assembly within one year after the effective date of this 
2amendatory Act of the 94th General Assembly and each year 
3thereafter that the Program continues operation.

4(Source: P.A. 94-549, eff. 1-1-06; 95-331, eff. 8-21-07.)



5 (730 ILCS 5/5-2-6) (from Ch. 38, par. 1005-2-6)


6 Sec. 5-2-6. Sentencing and Treatment of Defendant Found 
7Guilty but Mentally
Ill.
8 (a) After a plea or verdict of guilty but mentally ill 
9under Sections
115-2, 115-3 or 115-4 of the Code of Criminal 
10Procedure of 1963, the court
shall order a presentence 
11investigation and report pursuant to Sections
5-3-1 and 5-3-2 
12of this Act, and shall set a date for a sentencing hearing.
The 
13court may impose any sentence upon the defendant which could
be 
14imposed pursuant to law upon a defendant who had been convicted 
15of the
same offense without a finding of mental illness.

16 (b) If the court imposes a sentence of imprisonment upon a 
17defendant who
has been found guilty but mentally ill, the 
18defendant shall be committed
to the Department of Corrections, 
19which shall cause periodic inquiry and
examination to be made 
20concerning the nature, extent, continuance, and
treatment of 
21the defendant's mental illness. The Department of Corrections

22shall
provide such psychiatric, psychological, or other 
23counseling and
treatment for the defendant as it determines 
24necessary.

25 (c) The Department of Corrections may transfer the 
 
 
SB2834- 437 -LRB100 16078 KTG 33917 b


1defendant's custody
to the Department of Human Services in 
2accordance with the provisions of Section 3-8-5 of this Act.

3 (d) (1) The Department of Human Services shall return to 
4the Department of Corrections any
person committed to it

5pursuant to this Section whose sentence has not expired and 
6whom the Department
of Human Services deems no
longer requires

7hospitalization for mental treatment, an intellectual 
8disability, or a substance use disorder as defined in Section 
91-10 of the Substance Use Disorder Act. addiction.

10 (2) The Department of Corrections shall notify the 
11Secretary of Human
Services of the expiration of the sentence

12of any person transferred to the Department of Human Services 
13under this Section. If the Department
of Human Services

14determines that any such person
requires further 
15hospitalization, it shall file an appropriate petition for

16involuntary commitment pursuant to the Mental Health and 
17Developmental
Disabilities Code.

18 (e) (1) All persons found guilty but mentally ill, whether 
19by plea or
by verdict, who are placed on probation or sentenced 
20to a term of periodic
imprisonment or a period of conditional 
21discharge shall be required to submit
to a course of mental 
22treatment prescribed by the sentencing court.

23 (2) The course of treatment prescribed by the court shall 
24reasonably assure
the defendant's satisfactory progress in 
25treatment or habilitation and for
the safety of the defendant 
26and others. The court shall consider terms,
conditions and 
 
 
SB2834- 438 -LRB100 16078 KTG 33917 b


1supervision which may include, but need not be limited to,

2notification and discharge of the person to the custody of his 
3family,
community adjustment programs, periodic checks with 
4legal authorities and
outpatient
care and utilization of local 
5mental health or developmental disabilities
facilities.

6 (3) Failure to continue treatment, except by agreement with 
7the treating
person or agency and the court, shall be a basis 
8for the institution of
probation revocation proceedings.

9 (4) The period of probation shall be in accordance with 
10Article 4.5 of Chapter V of this Code
and shall not be 
11shortened without receipt and consideration of
such 
12psychiatric or psychological report or
reports as the court may 
13require.

14(Source: P.A. 97-227, eff. 1-1-12.)


15 (730 ILCS 5/5-4.5-95)
16 Sec. 5-4.5-95. GENERAL RECIDIVISM PROVISIONS.
17 (a) HABITUAL CRIMINALS.
18  (1) Every person who has been twice convicted in any 
19 state or federal court of an offense that contains the same 
20 elements as an offense now (the date of the offense 
21 committed after the 2 prior convictions) classified in 
22 Illinois as a Class X felony, criminal sexual assault, 
23 aggravated kidnapping, or first degree murder, and who is 
24 thereafter convicted of a Class X felony, criminal sexual 
25 assault, or first degree murder, committed after the 2 
 
 
SB2834- 439 -LRB100 16078 KTG 33917 b


1 prior convictions, shall be adjudged an habitual criminal.
2  (2) The 2 prior convictions need not have been for the 
3 same offense.
4  (3) Any convictions that result from or are connected 
5 with the same transaction, or result from offenses 
6 committed at the same time, shall be counted for the 
7 purposes of this Section as one conviction.
8  (4) This Section does not apply unless each of the 
9 following requirements are satisfied:
10   (A) The third offense was committed after July 3, 
11 1980.
12   (B) The third offense was committed within 20 years 
13 of the date that judgment was entered on the first 
14 conviction; provided, however, that time spent in 
15 custody shall not be counted.
16   (C) The third offense was committed after 
17 conviction on the second offense.
18   (D) The second offense was committed after 
19 conviction on the first offense.
20  (5) Anyone who, having attained the age of 18 at the 
21 time of the third offense, is adjudged an habitual criminal 
22 shall be sentenced to a term of natural life imprisonment.
23  (6) A prior conviction shall not be alleged in the 
24 indictment, and no evidence or other disclosure of that 
25 conviction shall be presented to the court or the jury 
26 during the trial of an offense set forth in this Section 
 
 
SB2834- 440 -LRB100 16078 KTG 33917 b


1 unless otherwise permitted by the issues properly raised in 
2 that trial. After a plea or verdict or finding of guilty 
3 and before sentence is imposed, the prosecutor may file 
4 with the court a verified written statement signed by the 
5 State's Attorney concerning any former conviction of an 
6 offense set forth in this Section rendered against the 
7 defendant. The court shall then cause the defendant to be 
8 brought before it; shall inform the defendant of the 
9 allegations of the statement so filed, and of his or her 
10 right to a hearing before the court on the issue of that 
11 former conviction and of his or her right to counsel at 
12 that hearing; and unless the defendant admits such 
13 conviction, shall hear and determine the issue, and shall 
14 make a written finding thereon. If a sentence has 
15 previously been imposed, the court may vacate that sentence 
16 and impose a new sentence in accordance with this Section.
17  (7) A duly authenticated copy of the record of any 
18 alleged former conviction of an offense set forth in this 
19 Section shall be prima facie evidence of that former 
20 conviction; and a duly authenticated copy of the record of 
21 the defendant's final release or discharge from probation 
22 granted, or from sentence and parole supervision (if any) 
23 imposed pursuant to that former conviction, shall be prima 
24 facie evidence of that release or discharge.
25  (8) Any claim that a previous conviction offered by the 
26 prosecution is not a former conviction of an offense set 
 
 
SB2834- 441 -LRB100 16078 KTG 33917 b


1 forth in this Section because of the existence of any 
2 exceptions described in this Section, is waived unless duly 
3 raised at the hearing on that conviction, or unless the 
4 prosecution's proof shows the existence of the exceptions 
5 described in this Section.
6  (9) If the person so convicted shows to the 
7 satisfaction of the court before whom that conviction was 
8 had that he or she was released from imprisonment, upon 
9 either of the sentences upon a pardon granted for the 
10 reason that he or she was innocent, that conviction and 
11 sentence shall not be considered under this Section.

12 (b) When a defendant, over the age of 21 years, is 
13convicted of a Class 1 or Class 2 felony, except for an offense 
14listed in subsection (c) of this Section, after having twice 
15been convicted in any state or federal court of an offense that 
16contains the same elements as an offense now (the date the 
17Class 1 or Class 2 felony was committed) classified in Illinois 
18as a Class 2 or greater Class felony, except for an offense 
19listed in subsection (c) of this Section, and those charges are 
20separately brought and tried and arise out of different series 
21of acts, that defendant shall be sentenced as a Class X 
22offender. This subsection does not apply unless:
23  (1) the first felony was committed after February 1, 
24 1978 (the effective date of Public Act 80-1099);
25  (2) the second felony was committed after conviction on 
26 the first; and
 
 
SB2834- 442 -LRB100 16078 KTG 33917 b


1  (3) the third felony was committed after conviction on 
2 the second.
3 (c) Subsection (b) of this Section does not apply to Class 
41 or Class 2 felony convictions for a violation of Section 16-1 
5of the Criminal Code of 2012. 
6 A person sentenced as a Class X offender under this 
7subsection (b) is not eligible to apply for treatment as a 
8condition of probation as provided by Section 40-10 of the 
9Substance Use Disorder Act Alcoholism and Other Drug Abuse and 
10Dependency Act (20 ILCS 301/40-10).

11(Source: P.A. 99-69, eff. 1-1-16; 100-3, eff. 1-1-18.)


12 (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)


13 Sec. 5-5-3. Disposition. 

14 (a) (Blank).

15 (b) (Blank). 

16 (c) (1) (Blank).

17 (2) A period of probation, a term of periodic imprisonment 
18or
conditional discharge shall not be imposed for the following 
19offenses.
The court shall sentence the offender to not less 
20than the minimum term
of imprisonment set forth in this Code 
21for the following offenses, and
may order a fine or restitution 
22or both in conjunction with such term of
imprisonment:

23  (A) First degree murder where the death penalty is not 
24 imposed.

25  (B) Attempted first degree murder.

 
 
SB2834- 443 -LRB100 16078 KTG 33917 b


1  (C) A Class X felony.

2  (D) A violation of Section 401.1 or 407 of the
Illinois 
3 Controlled Substances Act, or a violation of subdivision 
4 (c)(1.5) of
Section 401 of that Act which relates to more 
5 than 5 grams of a substance
containing fentanyl or an 
6 analog thereof.

7  (D-5) A violation of subdivision (c)(1) of
Section 401 
8 of the Illinois Controlled Substances Act which relates to 
9 3 or more grams of a substance
containing heroin or an 
10 analog thereof. 
11  (E) (Blank).

12  (F) A Class 1 or greater felony if the offender had 
13 been convicted
of a Class 1 or greater felony, including 
14 any state or federal conviction for an offense that 
15 contained, at the time it was committed, the same elements 
16 as an offense now (the date of the offense committed after 
17 the prior Class 1 or greater felony) classified as a Class 
18 1 or greater felony, within 10 years of the date on which 
19 the
offender
committed the offense for which he or she is 
20 being sentenced, except as
otherwise provided in Section 
21 40-10 of the Substance Use Disorder Act. Alcoholism and 
22 Other Drug Abuse and
Dependency Act.

23  (F-3) A Class 2 or greater felony sex offense or felony 
24 firearm offense if the offender had been convicted of a 
25 Class 2 or greater felony, including any state or federal 
26 conviction for an offense that contained, at the time it 
 
 
SB2834- 444 -LRB100 16078 KTG 33917 b


1 was committed, the same elements as an offense now (the 
2 date of the offense committed after the prior Class 2 or 
3 greater felony) classified as a Class 2 or greater felony, 
4 within 10 years of the date on which the offender committed 
5 the offense for which he or she is being sentenced, except 
6 as otherwise provided in Section 40-10 of the Substance Use 
7 Disorder Act. Alcoholism and Other Drug Abuse and 
8 Dependency Act. 
9  (F-5) A violation of Section 24-1, 24-1.1, or 24-1.6 of 
10 the Criminal Code of 1961 or the Criminal Code of 2012 for 
11 which imprisonment is prescribed in those Sections.
12  (G) Residential burglary, except as otherwise provided 
13 in Section 40-10
of the Substance Use Disorder Act. 
14 Alcoholism and Other Drug Abuse and Dependency Act.

15  (H) Criminal sexual assault.

16  (I) Aggravated battery of a senior citizen as described 
17 in Section 12-4.6 or subdivision (a)(4) of Section 12-3.05 
18 of the Criminal Code of 1961 or the Criminal Code of 2012.

19  (J) A forcible felony if the offense was related to the 
20 activities of an
organized gang.

21  Before July 1, 1994, for the purposes of this 
22 paragraph, "organized
gang" means an association of 5 or 
23 more persons, with an established hierarchy,
that 
24 encourages members of the association to perpetrate crimes 
25 or provides
support to the members of the association who 
26 do commit crimes.

 
 
SB2834- 445 -LRB100 16078 KTG 33917 b


1  Beginning July 1, 1994, for the purposes of this 
2 paragraph,
"organized gang" has the meaning ascribed to it 
3 in Section 10 of the Illinois
Streetgang Terrorism Omnibus 
4 Prevention Act.

5  (K) Vehicular hijacking.

6  (L) A second or subsequent conviction for the offense 
7 of hate crime
when the underlying offense upon which the 
8 hate crime is based is felony
aggravated
assault or felony 
9 mob action.

10  (M) A second or subsequent conviction for the offense 
11 of institutional
vandalism if the damage to the property 
12 exceeds $300.

13  (N) A Class 3 felony violation of paragraph (1) of 
14 subsection (a) of
Section 2 of the Firearm Owners 
15 Identification Card Act.

16  (O) A violation of Section 12-6.1 or 12-6.5 of the 
17 Criminal Code of 1961 or the Criminal Code of 2012.

18  (P) A violation of paragraph (1), (2), (3), (4), (5), 
19 or (7) of
subsection (a)
of Section 11-20.1 of the Criminal 
20 Code of 1961 or the Criminal Code of 2012.

21  (Q) A violation of subsection (b) or (b-5) of Section 
22 20-1, Section 20-1.2, or Section 20-1.3 of the Criminal 
23 Code of
1961 or the Criminal Code of 2012.

24  (R) A violation of Section 24-3A of the Criminal Code 
25 of
1961 or the Criminal Code of 2012.

26  (S) (Blank).

 
 
SB2834- 446 -LRB100 16078 KTG 33917 b


1  (T) (Blank).

2  (U) A second or subsequent violation of Section 6-303 
3 of the Illinois Vehicle Code committed while his or her 
4 driver's license, permit, or privilege was revoked because 
5 of a violation of Section 9-3 of the Criminal Code of 1961 
6 or the Criminal Code of 2012, relating to the offense of 
7 reckless homicide, or a similar provision of a law of 
8 another state.

9  (V)
A violation of paragraph (4) of subsection (c) of 
10 Section 11-20.1B or paragraph (4) of subsection (c) of 
11 Section 11-20.3 of the Criminal Code of 1961, or paragraph 
12 (6) of subsection (a) of Section 11-20.1 of the Criminal 
13 Code of 2012 when the victim is under 13 years of age and 
14 the defendant has previously been convicted under the laws 
15 of this State or any other state of the offense of child 
16 pornography, aggravated child pornography, aggravated 
17 criminal sexual abuse, aggravated criminal sexual assault, 
18 predatory criminal sexual assault of a child, or any of the 
19 offenses formerly known as rape, deviate sexual assault, 
20 indecent liberties with a child, or aggravated indecent 
21 liberties with a child where the victim was under the age 
22 of 18 years or an offense that is substantially equivalent 
23 to those offenses.
24  (W) A violation of Section 24-3.5 of the Criminal Code 
25 of 1961 or the Criminal Code of 2012.

26  (X) A violation of subsection (a) of Section 31-1a of 
 
 
SB2834- 447 -LRB100 16078 KTG 33917 b


1 the Criminal Code of 1961 or the Criminal Code of 2012.
2  (Y) A conviction for unlawful possession of a firearm 
3 by a street gang member when the firearm was loaded or 
4 contained firearm ammunition. 
5  (Z) A Class 1 felony committed while he or she was 
6 serving a term of probation or conditional discharge for a 
7 felony.
8  (AA) Theft of property exceeding $500,000 and not 
9 exceeding $1,000,000 in value.
10  (BB) Laundering of criminally derived property of a 
11 value exceeding
$500,000.
12  (CC) Knowingly selling, offering for sale, holding for 
13 sale, or using 2,000 or more counterfeit items or 
14 counterfeit items having a retail value in the aggregate of 
15 $500,000 or more. 
16  (DD) A conviction for aggravated assault under 
17 paragraph (6) of subsection (c) of Section 12-2 of the 
18 Criminal Code of 1961 or the Criminal Code of 2012 if the 
19 firearm is aimed toward the person against whom the firearm 
20 is being used. 
21  (EE) A conviction for a violation of paragraph (2) of 
22 subsection (a) of Section 24-3B of the Criminal Code of 
23 2012. 
24 (3) (Blank).

25 (4) A minimum term of imprisonment of not less than 10

26consecutive days or 30 days of community service shall be 
 
 
SB2834- 448 -LRB100 16078 KTG 33917 b


1imposed for a
violation of paragraph (c) of Section 6-303 of 
2the Illinois Vehicle Code.

3 (4.1) (Blank).

4 (4.2) Except as provided in paragraphs (4.3) and (4.8) of 
5this subsection (c), a
minimum of
100 hours of community 
6service shall be imposed for a second violation of
Section 
76-303
of the Illinois Vehicle Code.

8 (4.3) A minimum term of imprisonment of 30 days or 300 
9hours of community
service, as determined by the court, shall

10be imposed for a second violation of subsection (c) of Section 
116-303 of the
Illinois Vehicle Code.

12 (4.4) Except as provided in paragraphs
(4.5), (4.6), and 
13(4.9) of this
subsection (c), a
minimum term of imprisonment of 
1430 days or 300 hours of community service, as
determined by the 
15court, shall
be imposed
for a third or subsequent violation of 
16Section 6-303 of the Illinois Vehicle
Code. The court may give 
17credit toward the fulfillment of community service hours for 
18participation in activities and treatment as determined by 
19court services. 

20 (4.5) A minimum term of imprisonment of 30 days
shall be 
21imposed for a third violation of subsection (c) of
Section 
226-303 of the Illinois Vehicle Code.

23 (4.6) Except as provided in paragraph (4.10) of this 
24subsection (c), a minimum term of imprisonment of 180 days 
25shall be imposed for a
fourth or subsequent violation of 
26subsection (c) of Section 6-303 of the
Illinois Vehicle Code.

 
 
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1 (4.7) A minimum term of imprisonment of not less than 30 
2consecutive days, or 300 hours of community service, shall be 
3imposed for a violation of subsection (a-5) of Section 6-303 of 
4the Illinois Vehicle Code, as provided in subsection (b-5) of 
5that Section.

6 (4.8) A mandatory prison sentence shall be imposed for a 
7second violation of subsection (a-5) of Section 6-303 of the 
8Illinois Vehicle Code, as provided in subsection (c-5) of that 
9Section. The person's driving privileges shall be revoked for a 
10period of not less than 5 years from the date of his or her 
11release from prison.

12 (4.9) A mandatory prison sentence of not less than 4 and 
13not more than 15 years shall be imposed for a third violation 
14of subsection (a-5) of Section 6-303 of the Illinois Vehicle 
15Code, as provided in subsection (d-2.5) of that Section. The 
16person's driving privileges shall be revoked for the remainder 
17of his or her life.

18 (4.10) A mandatory prison sentence for a Class 1 felony 
19shall be imposed, and the person shall be eligible for an 
20extended term sentence, for a fourth or subsequent violation of 
21subsection (a-5) of Section 6-303 of the Illinois Vehicle Code, 
22as provided in subsection (d-3.5) of that Section. The person's 
23driving privileges shall be revoked for the remainder of his or 
24her life.

25 (5) The court may sentence a corporation or unincorporated

26association convicted of any offense to:

 
 
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1  (A) a period of conditional discharge;

2  (B) a fine;

3  (C) make restitution to the victim under Section 5-5-6 
4 of this Code.

5 (5.1) In addition to any other penalties imposed, and 
6except as provided in paragraph (5.2) or (5.3), a person

7convicted of violating subsection (c) of Section 11-907 of the 
8Illinois
Vehicle Code shall have his or her driver's license, 
9permit, or privileges
suspended for at least 90 days but not 
10more than one year, if the violation
resulted in damage to the 
11property of another person.

12 (5.2) In addition to any other penalties imposed, and 
13except as provided in paragraph (5.3), a person convicted
of 
14violating subsection (c) of Section 11-907 of the Illinois 
15Vehicle Code
shall have his or her driver's license, permit, or 
16privileges suspended for at
least 180 days but not more than 2 
17years, if the violation resulted in injury
to
another person.

18 (5.3) In addition to any other penalties imposed, a person 
19convicted of violating subsection (c) of Section
11-907 of the 
20Illinois Vehicle Code shall have his or her driver's license,

21permit, or privileges suspended for 2 years, if the violation 
22resulted in the
death of another person.

23 (5.4) In addition to any other penalties imposed, a person 
24convicted of violating Section 3-707 of the Illinois Vehicle 
25Code shall have his or her driver's license, permit, or 
26privileges suspended for 3 months and until he or she has paid 
 
 
SB2834- 451 -LRB100 16078 KTG 33917 b


1a reinstatement fee of $100.
2 (5.5) In addition to any other penalties imposed, a person 
3convicted of violating Section 3-707 of the Illinois Vehicle 
4Code during a period in which his or her driver's license, 
5permit, or privileges were suspended for a previous violation 
6of that Section shall have his or her driver's license, permit, 
7or privileges suspended for an additional 6 months after the 
8expiration of the original 3-month suspension and until he or 
9she has paid a reinstatement fee of $100.

10 (6) (Blank).

11 (7) (Blank).

12 (8) (Blank).

13 (9) A defendant convicted of a second or subsequent offense 
14of ritualized
abuse of a child may be sentenced to a term of 
15natural life imprisonment.

16 (10) (Blank).

17 (11) The court shall impose a minimum fine of $1,000 for a 
18first offense
and $2,000 for a second or subsequent offense 
19upon a person convicted of or
placed on supervision for battery 
20when the individual harmed was a sports
official or coach at 
21any level of competition and the act causing harm to the
sports

22official or coach occurred within an athletic facility or 
23within the immediate vicinity
of the athletic facility at which 
24the sports official or coach was an active
participant
of the 
25athletic contest held at the athletic facility. For the 
26purposes of
this paragraph (11), "sports official" means a 
 
 
SB2834- 452 -LRB100 16078 KTG 33917 b


1person at an athletic contest
who enforces the rules of the 
2contest, such as an umpire or referee; "athletic facility" 
3means an indoor or outdoor playing field or recreational area 
4where sports activities are conducted;
and "coach" means a 
5person recognized as a coach by the sanctioning
authority that 
6conducted the sporting event.
7 (12) A person may not receive a disposition of court 
8supervision for a
violation of Section 5-16 of the Boat 
9Registration and Safety Act if that
person has previously 
10received a disposition of court supervision for a
violation of 
11that Section.

12 (13) A person convicted of or placed on court supervision 
13for an assault or aggravated assault when the victim and the 
14offender are family or household members as defined in Section 
15103 of the Illinois Domestic Violence Act of 1986 or convicted 
16of domestic battery or aggravated domestic battery may be 
17required to attend a Partner Abuse Intervention Program under 
18protocols set forth by the Illinois Department of Human 
19Services under such terms and conditions imposed by the court. 
20The costs of such classes shall be paid by the offender.

21 (d) In any case in which a sentence originally imposed is 
22vacated,
the case shall be remanded to the trial court. The 
23trial court shall
hold a hearing under Section 5-4-1 of the 
24Unified Code of Corrections
which may include evidence of the 
25defendant's life, moral character and
occupation during the 
26time since the original sentence was passed. The
trial court 
 
 
SB2834- 453 -LRB100 16078 KTG 33917 b


1shall then impose sentence upon the defendant. The trial
court 
2may impose any sentence which could have been imposed at the

3original trial subject to Section 5-5-4 of the Unified Code of 
4Corrections.
If a sentence is vacated on appeal or on 
5collateral attack due to the
failure of the trier of fact at 
6trial to determine beyond a reasonable doubt
the
existence of a 
7fact (other than a prior conviction) necessary to increase the

8punishment for the offense beyond the statutory maximum 
9otherwise applicable,
either the defendant may be re-sentenced 
10to a term within the range otherwise
provided or, if the State 
11files notice of its intention to again seek the
extended 
12sentence, the defendant shall be afforded a new trial.

13 (e) In cases where prosecution for
aggravated criminal 
14sexual abuse under Section 11-1.60 or 12-16 of the
Criminal 
15Code of 1961 or the Criminal Code of 2012 results in conviction 
16of a defendant
who was a family member of the victim at the 
17time of the commission of the
offense, the court shall consider 
18the safety and welfare of the victim and
may impose a sentence 
19of probation only where:

20  (1) the court finds (A) or (B) or both are appropriate:

21   (A) the defendant is willing to undergo a court 
22 approved counseling
program for a minimum duration of 2 
23 years; or

24   (B) the defendant is willing to participate in a 
25 court approved plan
including but not limited to the 
26 defendant's:

 
 
SB2834- 454 -LRB100 16078 KTG 33917 b


1    (i) removal from the household;

2    (ii) restricted contact with the victim;

3    (iii) continued financial support of the 
4 family;

5    (iv) restitution for harm done to the victim; 
6 and

7    (v) compliance with any other measures that 
8 the court may
deem appropriate; and

9  (2) the court orders the defendant to pay for the 
10 victim's counseling
services, to the extent that the court 
11 finds, after considering the
defendant's income and 
12 assets, that the defendant is financially capable of
paying 
13 for such services, if the victim was under 18 years of age 
14 at the
time the offense was committed and requires 
15 counseling as a result of the
offense.

16 Probation may be revoked or modified pursuant to Section 
175-6-4; except
where the court determines at the hearing that 
18the defendant violated a
condition of his or her probation 
19restricting contact with the victim or
other family members or 
20commits another offense with the victim or other
family 
21members, the court shall revoke the defendant's probation and

22impose a term of imprisonment.

23 For the purposes of this Section, "family member" and 
24"victim" shall have
the meanings ascribed to them in Section 
2511-0.1 of the Criminal Code of
2012.

26 (f) (Blank).

 
 
SB2834- 455 -LRB100 16078 KTG 33917 b


1 (g) Whenever a defendant is convicted of an offense under 
2Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
11-14, 
311-14.3, 11-14.4 except for an offense that involves keeping a 
4place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17, 
511-18, 11-18.1, 11-19, 11-19.1, 11-19.2,
12-13, 12-14, 
612-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the 
7Criminal Code of 2012,
the defendant shall undergo medical 
8testing to
determine whether the defendant has any sexually 
9transmissible disease,
including a test for infection with 
10human immunodeficiency virus (HIV) or
any other identified 
11causative agent of acquired immunodeficiency syndrome
(AIDS). 
12Any such medical test shall be performed only by appropriately

13licensed medical practitioners and may include an analysis of 
14any bodily
fluids as well as an examination of the defendant's 
15person.
Except as otherwise provided by law, the results of 
16such test shall be kept
strictly confidential by all medical 
17personnel involved in the testing and must
be personally 
18delivered in a sealed envelope to the judge of the court in 
19which
the conviction was entered for the judge's inspection in 
20camera. Acting in
accordance with the best interests of the 
21victim and the public, the judge
shall have the discretion to 
22determine to whom, if anyone, the results of the
testing may be 
23revealed. The court shall notify the defendant
of the test 
24results. The court shall
also notify the victim if requested by 
25the victim, and if the victim is under
the age of 15 and if 
26requested by the victim's parents or legal guardian, the
court 
 
 
SB2834- 456 -LRB100 16078 KTG 33917 b


1shall notify the victim's parents or legal guardian of the test

2results.
The court shall provide information on the 
3availability of HIV testing
and counseling at Department of 
4Public Health facilities to all parties to
whom the results of 
5the testing are revealed and shall direct the State's
Attorney 
6to provide the information to the victim when possible.
A 
7State's Attorney may petition the court to obtain the results 
8of any HIV test
administered under this Section, and the court 
9shall grant the disclosure if
the State's Attorney shows it is 
10relevant in order to prosecute a charge of
criminal 
11transmission of HIV under Section 12-5.01 or 12-16.2 of the 
12Criminal Code of 1961 or the Criminal Code of 2012
against the 
13defendant. The court shall order that the cost of any such test

14shall be paid by the county and may be taxed as costs against 
15the convicted
defendant.

16 (g-5) When an inmate is tested for an airborne communicable 
17disease, as
determined by the Illinois Department of Public 
18Health including but not
limited to tuberculosis, the results 
19of the test shall be
personally delivered by the warden or his 
20or her designee in a sealed envelope
to the judge of the court 
21in which the inmate must appear for the judge's
inspection in 
22camera if requested by the judge. Acting in accordance with the

23best interests of those in the courtroom, the judge shall have 
24the discretion
to determine what if any precautions need to be 
25taken to prevent transmission
of the disease in the courtroom.

26 (h) Whenever a defendant is convicted of an offense under 
 
 
SB2834- 457 -LRB100 16078 KTG 33917 b


1Section 1 or 2
of the Hypodermic Syringes and Needles Act, the 
2defendant shall undergo
medical testing to determine whether 
3the defendant has been exposed to human
immunodeficiency virus 
4(HIV) or any other identified causative agent of
acquired 
5immunodeficiency syndrome (AIDS). Except as otherwise provided 
6by
law, the results of such test shall be kept strictly 
7confidential by all
medical personnel involved in the testing 
8and must be personally delivered in a
sealed envelope to the 
9judge of the court in which the conviction was entered
for the 
10judge's inspection in camera. Acting in accordance with the 
11best
interests of the public, the judge shall have the 
12discretion to determine to
whom, if anyone, the results of the 
13testing may be revealed. The court shall
notify the defendant 
14of a positive test showing an infection with the human

15immunodeficiency virus (HIV). The court shall provide 
16information on the
availability of HIV testing and counseling 
17at Department of Public Health
facilities to all parties to 
18whom the results of the testing are revealed and
shall direct 
19the State's Attorney to provide the information to the victim 
20when
possible. A State's Attorney may petition the court to 
21obtain the results of
any HIV test administered under this 
22Section, and the court shall grant the
disclosure if the 
23State's Attorney shows it is relevant in order to prosecute a

24charge of criminal transmission of HIV under Section 12-5.01 or 
2512-16.2 of the Criminal
Code of 1961 or the Criminal Code of 
262012 against the defendant. The court shall order that the cost 
 
 
SB2834- 458 -LRB100 16078 KTG 33917 b


1of any
such test shall be paid by the county and may be taxed as 
2costs against the
convicted defendant.

3 (i) All fines and penalties imposed under this Section for 
4any violation
of Chapters 3, 4, 6, and 11 of the Illinois 
5Vehicle Code, or a similar
provision of a local ordinance, and 
6any violation
of the Child Passenger Protection Act, or a 
7similar provision of a local
ordinance, shall be collected and 
8disbursed by the circuit
clerk as provided under Section 27.5 
9of the Clerks of Courts Act.

10 (j) In cases when prosecution for any violation of Section 
1111-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8,
11-9, 
1211-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17, 
1311-17.1, 11-18, 11-18.1,
11-19, 11-19.1, 11-19.2, 11-20.1, 
1411-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1, 
1512-15, or
12-16 of the
Criminal Code of 1961 or the Criminal 
16Code of 2012, any violation of the Illinois Controlled 
17Substances Act,
any violation of the Cannabis Control Act, or 
18any violation of the Methamphetamine Control and Community 
19Protection Act results in conviction, a
disposition of court 
20supervision, or an order of probation granted under
Section 10 
21of the Cannabis Control Act, Section 410 of the Illinois

22Controlled Substances Act, or Section 70 of the Methamphetamine 
23Control and Community Protection Act of a defendant, the court 
24shall determine whether the
defendant is employed by a facility 
25or center as defined under the Child Care
Act of 1969, a public 
26or private elementary or secondary school, or otherwise
works 
 
 
SB2834- 459 -LRB100 16078 KTG 33917 b


1with children under 18 years of age on a daily basis. When a 
2defendant
is so employed, the court shall order the Clerk of 
3the Court to send a copy of
the judgment of conviction or order 
4of supervision or probation to the
defendant's employer by 
5certified mail.
If the employer of the defendant is a school, 
6the Clerk of the Court shall
direct the mailing of a copy of 
7the judgment of conviction or order of
supervision or probation 
8to the appropriate regional superintendent of schools.
The 
9regional superintendent of schools shall notify the State Board 
10of
Education of any notification under this subsection.

11 (j-5) A defendant at least 17 years of age who is convicted 
12of a felony and
who has not been previously convicted of a 
13misdemeanor or felony and who is
sentenced to a term of 
14imprisonment in the Illinois Department of Corrections
shall as 
15a condition of his or her sentence be required by the court to 
16attend
educational courses designed to prepare the defendant 
17for a high school diploma
and to work toward a high school 
18diploma or to work toward passing high school equivalency 
19testing or to work toward
completing a vocational training 
20program offered by the Department of
Corrections. If a 
21defendant fails to complete the educational training
required 
22by his or her sentence during the term of incarceration, the 
23Prisoner
Review Board shall, as a condition of mandatory 
24supervised release, require the
defendant, at his or her own 
25expense, to pursue a course of study toward a high
school 
26diploma or passage of high school equivalency testing. The 
 
 
SB2834- 460 -LRB100 16078 KTG 33917 b


1Prisoner Review Board shall
revoke the mandatory supervised 
2release of a defendant who wilfully fails to
comply with this 
3subsection (j-5) upon his or her release from confinement in a

4penal institution while serving a mandatory supervised release 
5term; however,
the inability of the defendant after making a 
6good faith effort to obtain
financial aid or pay for the 
7educational training shall not be deemed a wilful
failure to 
8comply. The Prisoner Review Board shall recommit the defendant

9whose mandatory supervised release term has been revoked under 
10this subsection
(j-5) as provided in Section 3-3-9. This 
11subsection (j-5) does not apply to a
defendant who has a high 
12school diploma or has successfully passed high school 
13equivalency testing. This subsection (j-5) does not apply to a 
14defendant who is determined by
the court to be a person with a 
15developmental disability or otherwise mentally incapable of

16completing the educational or vocational program.

17 (k) (Blank).

18 (l) (A) Except as provided
in paragraph (C) of subsection 
19(l), whenever a defendant,
who is an alien as defined by the 
20Immigration and Nationality Act, is convicted
of any felony or 
21misdemeanor offense, the court after sentencing the defendant

22may, upon motion of the State's Attorney, hold sentence in 
23abeyance and remand
the defendant to the custody of the 
24Attorney General of
the United States or his or her designated 
25agent to be deported when:

26  (1) a final order of deportation has been issued 
 
 
SB2834- 461 -LRB100 16078 KTG 33917 b


1 against the defendant
pursuant to proceedings under the 
2 Immigration and Nationality Act, and

3  (2) the deportation of the defendant would not 
4 deprecate the seriousness
of the defendant's conduct and 
5 would not be inconsistent with the ends of
justice.

6 Otherwise, the defendant shall be sentenced as provided in 
7this Chapter V.

8 (B) If the defendant has already been sentenced for a 
9felony or
misdemeanor
offense, or has been placed on probation 
10under Section 10 of the Cannabis
Control Act,
Section 410 of 
11the Illinois Controlled Substances Act, or Section 70 of the 
12Methamphetamine Control and Community Protection Act, the 
13court
may, upon motion of the State's Attorney to suspend the

14sentence imposed, commit the defendant to the custody of the 
15Attorney General
of the United States or his or her designated 
16agent when:

17  (1) a final order of deportation has been issued 
18 against the defendant
pursuant to proceedings under the 
19 Immigration and Nationality Act, and

20  (2) the deportation of the defendant would not 
21 deprecate the seriousness
of the defendant's conduct and 
22 would not be inconsistent with the ends of
justice.

23 (C) This subsection (l) does not apply to offenders who are 
24subject to the
provisions of paragraph (2) of subsection (a) of 
25Section 3-6-3.

26 (D) Upon motion of the State's Attorney, if a defendant 
 
 
SB2834- 462 -LRB100 16078 KTG 33917 b


1sentenced under
this Section returns to the jurisdiction of the 
2United States, the defendant
shall be recommitted to the 
3custody of the county from which he or she was
sentenced.

4Thereafter, the defendant shall be brought before the 
5sentencing court, which
may impose any sentence that was 
6available under Section 5-5-3 at the time of
initial 
7sentencing. In addition, the defendant shall not be eligible 
8for
additional earned sentence credit as provided under
Section 
93-6-3.

10 (m) A person convicted of criminal defacement of property 
11under Section
21-1.3 of the Criminal Code of 1961 or the 
12Criminal Code of 2012, in which the property damage exceeds 
13$300
and the property damaged is a school building, shall be 
14ordered to perform
community service that may include cleanup, 
15removal, or painting over the
defacement.

16 (n) The court may sentence a person convicted of a 
17violation of Section
12-19, 12-21, 16-1.3, or 17-56, or 
18subsection (a) or (b) of Section 12-4.4a, of the Criminal Code 
19of 1961 or the Criminal Code of 2012 (i) to an impact

20incarceration program if the person is otherwise eligible for 
21that program
under Section 5-8-1.1, (ii) to community service, 
22or (iii) if the person has a substance use disorder, as defined

23in the Substance Use Disorder Act, to a treatment program

24licensed under that Act. is an
addict or alcoholic, as defined 
25in the Alcoholism and Other Drug Abuse and
Dependency Act, to a 
26substance or alcohol abuse program licensed under that
Act.
 
 
SB2834- 463 -LRB100 16078 KTG 33917 b


1 (o) Whenever a person is convicted of a sex offense as 
2defined in Section 2 of the Sex Offender Registration Act, the 
3defendant's driver's license or permit shall be subject to 
4renewal on an annual basis in accordance with the provisions of 
5license renewal established by the Secretary of State.


6(Source: P.A. 99-143, eff. 7-27-15; 99-885, eff. 8-23-16; 
799-938, eff. 1-1-18; 100-575, eff. 1-8-18.)


8 Section 120. The Code of Civil Procedure is amended by 
9changing Section 8-2002 as follows:




10 (735 ILCS 5/8-2002) (from Ch. 110, par. 8-2002)



11 Sec. 8-2002. Application. 

12 (a) Part 20 of Article VIII of this
Act does not apply to 
13the records of patients,
inmates, or persons being examined, 
14observed or treated in any
institution, division, program or 
15service now existing, or hereafter
acquired or created under 
16the jurisdiction of the Department of Human
Services as 
17successor to the Department of Mental Health and Developmental

18Disabilities and the Department of
Alcoholism and Substance 
19Abuse, or over which, in that capacity, the
Department of Human 
20Services exercises
executive or administrative supervision.

21 (b) In the event of a conflict between the application of 
22Part 20 of
Article VIII of this Act
and the Mental Health and 
23Developmental Disabilities Confidentiality Act
or subsection 
24(bb) of Section 30-5 of the
Substance Use Disorder Act 
 
 
SB2834- 464 -LRB100 16078 KTG 33917 b


1Alcoholism and Other Drug Abuse and Dependency Act
to a 
2specific situation, the provisions of the Mental Health and

3Developmental Disabilities Confidentiality Act or subsection 
4(bb) of
Section 30-5
of the Substance Use Disorder Act 
5Alcoholism and Other Drug Abuse and Dependency Act
shall 
6control.
The provisions of federal law concerning the 
7confidentiality of
alcohol and drug abuse patient records, as 
8contained in Title 21 of the
United States Code, Section 1175; 
9Title 42 of the United States Code,
Section 4582; 42 CFR Part 
102; and any other regulations promulgated pursuant
thereto, all 
11as now or hereafter amended, shall supersede all other laws
and 
12regulations concerning such confidentiality, except where any 
13such
otherwise applicable laws or regulations are more 
14stringent, in which case
the most stringent shall apply.

15(Source: P.A. 88-670, eff. 12-2-94; 89-507, eff. 7-1-97.)


16 Section 125. The Controlled Substance and Cannabis 
17Nuisance Act is amended by changing Section 7 as follows:




18 (740 ILCS 40/7) (from Ch. 100 1/2, par. 20)



19 Sec. 7. 
The proceeds of the sale of the movable property 
20shall be applied in
payment of the costs of the proceeding, and 
21the balance, if any, shall be
forwarded by the clerk of the 
22circuit court to the State Treasurer for
deposit into the Drug 
23Treatment Fund, which is established as a special
fund within 
24the State Treasury. The Department of Human Services may make

 
 
SB2834- 465 -LRB100 16078 KTG 33917 b


1grants to persons licensed under
Section 15-10 of the Substance 
2Use Disorder Act Alcoholism and Other Drug Abuse and Dependency 
3Act or to
municipalities or counties from funds appropriated to 
4the Department from the
Drug Treatment
Fund for the treatment 
5of persons addicted to alcohol, cannabis, or
controlled 
6substances. The Department may adopt any rules it deems

7appropriate for the administration of these grants. The 
8Department shall
ensure that the moneys collected in each 
9county be returned proportionately
to the counties through 
10grants to licensees located within the county in
which the 
11assessment was collected. Moneys in the Fund shall not supplant

12other local, state or federal funds.

13(Source: P.A. 88-670, eff. 12-2-94; 89-507, eff. 7-1-97.)


14 Section 130. The Alcoholism and Drug Addiction Intervenor 
15and Reporter Immunity Law is amended by changing Section 3 as 
16follows:




17 (745 ILCS 35/3) (from Ch. 70, par. 653)



18 Sec. 3. Definitions. As used in this Act, the following 
19terms shall
have the following meanings:

20 (a) (Blank). "Addiction" shall have the same meaning as 
21provided in Section 1-10
of the Alcoholism and Other Drug Abuse 
22and Dependency
Act.

23 (b) (Blank). "Alcoholic" shall have the same meaning as 
24provided in Section 1-10
of the Alcoholism and Other Drug Abuse 
 
 
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1and Dependency
Act.

2 (c) "Intervention" means the technique of helping an 
3alcoholic or drug
addict realize and admit the reality of his 
4or her condition by confronting
or preparing to confront him or 
5her with specific instances of misconduct
or abnormal behavior 
6caused by alcohol or drug use, as recited to the
subject by 
7fact reporters such as: family members, friends, co-workers,

8employers or other concerned individuals who have first-hand 
9knowledge of
such incidents, whether or not they are acting 
10under the
guidance of a trained intervenor. "Intervention" also 
11includes steps taken
to get treatment for the subject of an 
12intervention or his or her family
members.

13 (d) A "trained intervenor" is someone who coordinates an 
14intervention
and is: (1) a school counselor, school social 
15worker, or other professional
certificated by a
professional 
16association whose members are licensed by the Department of

17Registration and Education; (2) a hospital providing substance 
18abuse
treatment that is accredited by the Joint Commission on

19Accreditation of Hospitals or by an alcohol or drug treatment 
20program
licensed by the Illinois Department of Public Health or 
21by a substance use disorder treatment program licensed by the 
22Department of
Human Services; (3) a professional
employee 
23working in
an Employee Assistance Program or Student Assistance 
24Program operated by a
private employer or governmental body; or 
25(4) a member of a professional
association that has established 
26an assistance program designed to
intervene in the alcohol and 
 
 
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1drug-related problems of its members and is
designated to act 
2on behalf of the association's program.

3 (e) "Fact reporter" or "reporter" means any identified 
4person or
organization who participates in an intervention and 
5communicates first-hand
knowledge of incidents or behavior 
6that give rise to a reasonable belief
that the reported 
7individual suffers from alcohol or drug addiction.

8 (f) "Controlled substance" means a drug, substance, or its 
9immediate
precursor listed in the Schedules of Article II of 
10the Illinois Controlled
Substances Act.

11(Source: P.A. 88-670, eff. 12-2-94; 89-241, eff. 8-4-95; 
1289-507, eff.
7-1-97.)


13 Section 135. The Good Samaritan Act is amended by changing 
14Sections 36 and 70 as follows:

15 (745 ILCS 49/36)
16 Sec. 36. Pharmacists; exemptions from civil liability for 
17the dispensing of an opioid antagonist to individuals who may 
18or may not be at risk for an opioid overdose. Any person 
19licensed as a pharmacist in Illinois or any other state or 
20territory of the United States who in good faith dispenses or 
21administers an opioid antagonist as defined in Section 5-23 of 
22the Substance Use Disorder Act Alcoholism and Other Drug Abuse 
23and Dependency Act in compliance with the procedures or 
24protocols developed under Section 19.1 of the Pharmacy Practice 
 
 
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1Act, or the standing order of any person licensed under the 
2Medical Practice Act of 1987, without fee or compensation in 
3any way, shall not, as a result of her or his acts or 
4omissions, except for willful or wanton misconduct on the part 
5of the person, in dispensing the drug or administering the 
6drug, be liable for civil damages.

7(Source: P.A. 99-480, eff. 9-9-15.)




8 (745 ILCS 49/70)



9 Sec. 70. Law enforcement officers, firemen, Emergency 
10Medical Technicians (EMTs) and First Responders; exemption 
11from
civil liability for emergency care.
Any law enforcement 
12officer or fireman as defined in Section 2 of the
Line of Duty 
13Compensation Act, any "emergency medical technician (EMT)" as 
14defined in Section 3.50 of the Emergency Medical Services (EMS) 
15Systems Act, and any "first responder" as defined in Section 
163.60 of the Emergency Medical Services (EMS) Systems Act,
who 
17in good faith
provides emergency care, including the 
18administration of an opioid antagonist as defined in Section 
195-23 of the Substance Use Disorder Act, Alcoholism and Other 
20Drug Abuse and Dependency Act, without fee or compensation to 
21any person shall not, as a result of
his or her acts or 
22omissions, except willful and wanton misconduct on the
part of

23the person, in providing the care, be liable to a person to 
24whom such
care is provided for civil damages.

25(Source: P.A. 99-480, eff. 9-9-15.)


 
 
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1 Section 140. The Collaborative Process Act is amended by 
2changing Section 65 as follows:

3 (750 ILCS 90/65)

4 Sec. 65. Limits of privilege.

5 (a) There is no privilege under Section 55 for a 
6collaborative process communication that is:
7  (1) available to the public under the Freedom of 
8 Information Act or made during a session of a collaborative 
9 process that is open, or is required by law to be open, to 
10 the public;
11  (2) a threat or statement of a plan to inflict bodily 
12 injury or commit a crime of violence as defined in Section 
13 1-10 of the Substance Use Disorder Act; Alcoholism and 
14 Other Drug Abuse and Dependency Act;
15  (3) intentionally used to plan a crime, commit or 
16 attempt to commit a crime, or conceal an ongoing crime or 
17 ongoing criminal activity; or
18  (4) in an agreement resulting from the collaborative 
19 process, evidenced by a record signed by all parties to the 
20 agreement.
21 (b) The privileges under Section 55 for a collaborative 
22process communication do not apply to the extent that a 
23communication is:
24  (1) sought or offered to prove or disprove a claim or 
 
 
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1 complaint of professional misconduct or malpractice 
2 arising from or related to a collaborative process; or
3  (2) sought or offered to prove or disprove abuse, 
4 neglect, abandonment, or exploitation of a child or adult. 
5 (c) There is no privilege under Section 55 if a court 
6finds, after a hearing in camera, that the party seeking 
7discovery or the proponent of the evidence has shown the 
8evidence is not otherwise available, the need for the evidence 
9substantially outweighs the interest in protecting 
10confidentiality, and the collaborative process communication 
11is sought or offered in:
12  (1) a court proceeding involving a felony or 
13 misdemeanor; or
14  (2) a proceeding seeking rescission or reformation of a 
15 contract arising out of the collaborative process or in 
16 which a defense to avoid liability on the contract is 
17 asserted.
18 (d) If a collaborative process communication is subject to 
19an exception under subsection (b) or (c), only the part of the 
20communication necessary for the application of the exception 
21may be disclosed or admitted.
22 (e) Disclosure or admission of evidence excepted from the 
23privilege under subsection (b) or (c) does not make the 
24evidence or any other collaborative process communication 
25discoverable or admissible for any other purpose.
26 (f) The privileges under Section 55 do not apply if the 
 
 
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1parties agree in advance in a signed record, or if a record of 
2a proceeding reflects agreement by the parties, that all or 
3part of a collaborative process is not privileged. This 
4subsection does not apply to a collaborative process 
5communication made by a person that did not receive actual 
6notice of the agreement before the communication was made.


7(Source: P.A. 100-205, eff. 1-1-18.)

8 Section 995. No acceleration or delay. Where this Act makes 
9changes in a statute that is represented in this Act by text 
10that is not yet or no longer in effect (for example, a Section 
11represented by multiple versions), the use of that text does 
12not accelerate or delay the taking effect of (i) the changes 
13made by this Act or (ii) provisions derived from any other 
14Public Act.



15 Section 999. Effective date. This Act takes effect January 
161, 2019. 


                                             
 
 
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1
INDEX

2
Statutes amended in order of appearance

3 20 ILCS 301/Act title
4 20 ILCS 301/1-1
5 20 ILCS 301/1-5
6 20 ILCS 301/1-10
7 20 ILCS 301/5-5
8 20 ILCS 301/5-10
9 20 ILCS 301/5-20
10 20 ILCS 301/5-23
11 20 ILCS 301/10-5
12 20 ILCS 301/10-10
13 20 ILCS 301/10-15
14 20 ILCS 301/10-35
15 20 ILCS 301/15-5
16 20 ILCS 301/15-10
17 20 ILCS 301/20-5
18 20 ILCS 301/20-10
19 20 ILCS 301/20-15
20 20 ILCS 301/25-5
21 20 ILCS 301/25-10
22 20 ILCS 301/25-15
23 20 ILCS 301/25-20
24 20 ILCS 301/30-5
25 20 ILCS 301/35-5
                            
 
 
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1 20 ILCS 301/35-10
2 20 ILCS 301/Art. 40 
3 heading
4 20 ILCS 301/40-5
5 20 ILCS 301/40-10
6 20 ILCS 301/40-15
7 20 ILCS 301/45-5
8 20 ILCS 301/50-10
9 20 ILCS 301/50-20
10 20 ILCS 301/50-40
11 20 ILCS 301/55-25
12 20 ILCS 301/55-30
13 20 ILCS 301/10-20 rep.
14 20 ILCS 301/10-25 rep.
15 20 ILCS 301/10-30 rep.
16 20 ILCS 301/10-55 rep.
17 20 ILCS 301/10-60 rep.
18 20 ILCS 505/5from Ch. 23, par. 5005
19 20 ILCS 1305/1-40
20 20 ILCS 1305/10-15
21 20 ILCS 1305/10-66
22 20 ILCS 1340/10
23 20 ILCS 1340/15
24 20 ILCS 1340/20
25 20 ILCS 1340/25
26 20 ILCS 1705/10from Ch. 91 1/2, par. 100-10
                              
 
 
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1 20 ILCS 1705/18.6
2 20 ILCS 2605/2605-54
3 20 ILCS 2605/2605-97
4 20 ILCS 2630/2.1from Ch. 38, par. 206-2.1
5 20 ILCS 2630/5.2
6 20 ILCS 2635/3from Ch. 38, par. 1603
7 30 ILCS 732/5
8 50 ILCS 705/7from Ch. 85, par. 507
9 50 ILCS 705/10.18
10 50 ILCS 740/8from Ch. 85, par. 538
11 50 ILCS 740/12.5
12 55 ILCS 5/5-1103from Ch. 34, par. 5-1103
13 55 ILCS 130/10
14 55 ILCS 130/15
15 55 ILCS 130/40
16 60 ILCS 1/30-145
17 60 ILCS 1/190-10
18 105 ILCS 5/22-30
19 210 ILCS 85/3
20 215 ILCS 5/367d.1from Ch. 73, par. 979d.1
21 225 ILCS 10/3from Ch. 23, par. 2213
22 225 ILCS 10/8from Ch. 23, par. 2218
23 225 ILCS 85/19.1
24 305 ILCS 5/4-8from Ch. 23, par. 4-8
25 305 ILCS 5/4-9from Ch. 23, par. 4-9
26 305 ILCS 5/5-5from Ch. 23, par. 5-5
                                   
 
 
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1 305 ILCS 5/6-1.3from Ch. 23, par. 6-1.3
2 305 ILCS 5/6-11from Ch. 23, par. 6-11
3 305 ILCS 5/9-9from Ch. 23, par. 9-9
4 305 ILCS 5/9A-8from Ch. 23, par. 9A-8
5 325 ILCS 5/7.3bfrom Ch. 23, par. 2057.3b
6 325 ILCS 5/8.2from Ch. 23, par. 2058.2
7 405 ILCS 5/1-129
8 405 ILCS 30/2from Ch. 91 1/2, par. 902
9 405 ILCS 30/3from Ch. 91 1/2, par. 903
10 405 ILCS 30/4from Ch. 91 1/2, par. 904
11 405 ILCS 105/5
12 405 ILCS 105/15
13 405 ILCS 105/25
14 405 ILCS 105/35
15 410 ILCS 210/4from Ch. 111, par. 4504
16 705 ILCS 405/4-3from Ch. 37, par. 804-3
17 705 ILCS 405/5-615
18 705 ILCS 405/5-710
19 720 ILCS 5/29B-1from Ch. 38, par. 29B-1
20 720 ILCS 570/302from Ch. 56 1/2, par. 1302
21 720 ILCS 570/411.2from Ch. 56 1/2, par. 1411.2
22 720 ILCS 570/501from Ch. 56 1/2, par. 1501
23 720 ILCS 646/80
24 730 ILCS 5/3-6-2from Ch. 38, par. 1003-6-2
25 730 ILCS 5/3-8-5from Ch. 38, par. 1003-8-5
26 730 ILCS 5/3-19-5
 
 
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