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1		AN ACT concerning State government.
2		Be it enacted by the People of the State of Illinois,
3		represented in the General Assembly:
4		Section 5. The Alcoholism and Other Drug Abuse and
5		Dependency Act is amended by changing the title of the Act and
6		by changing Sections 1-1, 1-5, 1-10, 5-5, 5-10, 5-20, 5-23,
7		10-5, 10-10, 10-15, 10-35, 15-5, 15-10, 20-5, 20-10, 20-15,
8		25-5, 25-10, 25-15, 25-20, 30-5, 35-5, 35-10, 40-5, 40-10,
9		40-15, 45-5, 50-10, 50-20, 50-40, 55-25, and 55-30 and the
10		heading of Article 40 as follows:
11		(20 ILCS 301/Act title)
12		An Act in relation to substance use disorders alcoholism,
13		other drug abuse and dependency, and compulsive gambling, and
14		amending and repealing named Acts.
15		(20 ILCS 301/1-1)
16		Sec. 1-1. Short Title. This Act may be cited as the
17		Substance Use Disorder Act. Alcoholism and Other Drug Abuse and
18		Dependency 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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1		disorders, as defined in this Act, constitute The abuse and
2		misuse of alcohol and other drugs constitutes a serious public
3		health problem. The effects the effects of which on public
4		safety and the criminal justice system cause serious social and
5		economic losses, as well as great human suffering. It is
6		imperative that a comprehensive and coordinated strategy be
7		developed under the leadership of a State agency. This strategy
8		should be and implemented through the facilities of federal and
9		local government and community-based agencies (which may be
10		public or private, volunteer or professional). Through local
11		prevention, early intervention, treatment, and other recovery
12		support services, this strategy should empower those
13		struggling with substance use disorders (and, when
14		appropriate, the families of those persons) to lead healthy
15		lives. to empower individuals and communities through local
16		prevention efforts and to provide intervention, treatment,
17		rehabilitation and other services to those who misuse alcohol
18		or other drugs (and, when appropriate, the families of those
19		persons) to lead healthy and drug-free lives and become
20		productive citizens in the community.
21		The human, social, and economic benefits of preventing
22		substance use disorders alcohol and other drug abuse and
23		dependence are great, and it is imperative that there be
24		interagency cooperation in the planning and delivery of
25		prevention, early intervention, treatment, and other recovery
26		support services in Illinois. alcohol and other drug abuse

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

SB2834 Engrossed - 45 - LRB100 16078 KTG 33917 b
1		(b) Subject to appropriation, the Department shall either
2		establish and maintain the program or contract with a private
3		or public entity for the establishment and maintenance of the
4		program. Subject to appropriation, either the Department or the
5		private or public entity shall implement the toll-free
6		telephone number, promote public awareness, and conduct
7		in-service training concerning gambling disorders. problem and
8		compulsive gambling.
9		(c) Subject to appropriation, the Department shall produce
10		and supply the signs specified in Section 10.7 of the Illinois
11		Lottery Law, Section 34.1 of the Illinois Horse Racing Act of
12		1975, Section 4.3 of the Bingo License and Tax Act, Section 8.1
13		of the Charitable Games Act, and Section 13.1 of the Riverboat
14		Gambling Act.
15		(Source: P.A. 89-374, eff. 1-1-96; 89-626, eff. 8-9-96.)
16		(20 ILCS 301/5-23)
17		Sec. 5-23. Drug Overdose Prevention Program.
18		(a) Reports of drug overdose.
19		(1) The Department may Director of the Division of
20		Alcoholism and Substance Abuse shall publish annually a
21		report on drug overdose trends statewide that reviews State
22		death rates from available data to ascertain changes in the
23		causes or rates of fatal and nonfatal drug overdose. The
24		report shall also provide information on interventions
25		that would be effective in reducing the rate of fatal or

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

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

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

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

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

SB2834 Engrossed - 51 - LRB100 16078 KTG 33917 b
1		misconduct.
2		(2) A person who is not otherwise licensed to
3		administer an opioid antagonist may in an emergency
4		administer without fee an opioid antagonist if the person
5		has received the patient information specified in
6		paragraph (4) of this subsection and believes in good faith
7		that another person is experiencing a drug overdose. The
8		person shall not, as a result of his or her acts or
9		omissions, be (i) liable for any violation of the Medical
10		Practice Act of 1987, the Physician Assistant Practice Act
11		of 1987, the Nurse Practice Act, the Pharmacy Practice Act,
12		or any other professional licensing statute, or (ii)
13		subject to any criminal prosecution or civil liability,
14		except for willful and wanton misconduct.
15		(3) A health care professional prescribing an opioid
16		antagonist to a patient shall ensure that the patient
17		receives the patient information specified in paragraph
18		(4) of this subsection. Patient information may be provided
19		by the health care professional or a community-based
20		organization, substance use disorder substance abuse
21		program, or other organization with which the health care
22		professional establishes a written agreement that includes
23		a description of how the organization will provide patient
24		information, how employees or volunteers providing
25		information will be trained, and standards for documenting
26		the provision of patient information to patients.

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

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

SB2834 Engrossed - 54 - LRB100 16078 KTG 33917 b
1		control the acquisition, storage, transportation, and
2		administration of such opioid antagonists and to provide
3		training in the administration of opioid antagonists. A
4		State or local government agency that employs a fireman as
5		defined in the Line of Duty Compensation Act but does not
6		respond to emergency medical calls or provide medical
7		services shall be exempt from this subsection.
8		(2) Every publicly or privately owned ambulance,
9		special emergency medical services vehicle, non-transport
10		vehicle, or ambulance assist vehicle, as described in the
11		Emergency Medical Services (EMS) Systems Act, that which
12		responds to requests for emergency services or transports
13		patients between hospitals in emergency situations must
14		possess opioid antagonists.
15		(3) Entities that are required under paragraphs (1) and
16		(2) to possess opioid antagonists may also apply to the
17		Department for a grant to fund the acquisition of opioid
18		antagonists and training programs on the administration of
19		opioid antagonists.
20		(Source: P.A. 99-173, eff. 7-29-15; 99-480, eff. 9-9-15;
21		99-581, eff. 1-1-17; 99-642, eff. 7-28-16; 100-201, eff.
22		8-18-17; 100-513, eff. 1-1-18.)
23		(20 ILCS 301/10-5)
24		Sec. 10-5. Illinois Advisory Council established. There is
25		established the Illinois Advisory Council on Substance Use

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

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

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

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

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

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

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

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

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

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

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1		would be adequately served by a suitable written notice or
2		warning.
3		(Source: P.A. 88-80; 89-202, eff. 7-21-95; 89-507, eff.
4		7-1-97.)
5		(20 ILCS 301/15-10)
6		Sec. 15-10. Licensure categories and services. No person or
7		program may provide the services or conduct the activities
8		described in this Section without first obtaining a license
9		therefor from the Department, unless otherwise exempted under
10		this Act. The Department shall, by rule, provide requirements
11		for each of the following types of licenses and categories of
12		service:
13		(a) Treatment: Categories of service authorized by a
14		treatment license are Early Intervention, Outpatient,
15		Intensive Outpatient/Partial Hospitalization, Subacute
16		Residential/Inpatient, and Withdrawal Management.
17		Medication assisted treatment that includes methadone used
18		for an opioid use disorder can be licensed as an adjunct to
19		any of the treatment levels of care specified in this
20		Section.
21		(b) Intervention: Categories of service authorized by
22		an intervention license are DUI Evaluation, DUI Risk
23		Education, Designated Program, and Recovery Homes for
24		persons in any stage of recovery from a substance use
25		disorder.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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1		information, as set forth in subsections (b) and (c) of this
2		Section, 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
17		Departments of Children and Family Services, Public Health and
18		Public Aid, develop and maintain an updated and comprehensive
19		list of medical and social service providers by geographic
20		region. The Department may periodically send this
21		comprehensive list of medical and social service providers to
22		all providers of treatment for alcoholism and other drug abuse
23		and dependency, identified under subsection (f) of this
24		Section, so that appropriate referrals can be made. The
25		Department shall obtain the specific consent of each provider
26		of services before publishing, distributing, verbally making

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

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

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

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

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

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

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

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

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

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1		charged with or convicted of a crime that is a violation of
2		Section 60(b)(1) or 60(b)(2) of the Methamphetamine Control and
3		Community Protection Act, and who is otherwise eligible to make
4		the election provided for under this Section, from being
5		eligible to make an election for treatment as a condition of
6		probation as provided for under this Article.
7		(Source: P.A. 98-896, eff. 1-1-15; 98-1124, eff. 8-26-14;
8		99-78, eff. 7-20-15.)
9		(20 ILCS 301/40-10)
10		Sec. 40-10. Treatment as a condition of probation.
11		(a) If a court has reason to believe that an individual who
12		is charged with or convicted of a crime suffers from a
13		substance use disorder alcoholism or other drug addiction and
14		the court finds that he or she is eligible to make the election
15		provided for under Section 40-5, the court shall advise the
16		individual that he or she may be sentenced to probation and
17		shall be subject to terms and conditions of probation under
18		Section 5-6-3 of the Unified Code of Corrections if he or she
19		elects to participate in submit to treatment and is accepted
20		for services treatment by a designated program. The court shall
21		further advise the individual that:
22		(1) If if he or she elects to participate in submit to
23		treatment and is accepted he or she shall be sentenced to
24		probation and placed under the supervision of the
25		designated program for a period not to exceed the maximum

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

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

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

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

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1		activity is conducted, including off-site services, in order to
2		inspect all pertinent property, records, personnel and
3		business data that which relate to such activity.
4		(b) When authorized by an administrative inspection
5		warrant issued pursuant to this Act, any officer or employee
6		may execute the inspection warrant according to its terms.
7		Entries, inspections and seizures of property may be made
8		without 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
20		warrants 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

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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

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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.
8		7-1-97.)
9		(20 ILCS 301/50-10)
10		Sec. 50-10. Alcoholism and Substance Abuse Fund. Monies
11		received from the federal government, except monies received
12		under the Block Grant for the Prevention and Treatment of
13		Alcoholism and Substance Abuse, and other gifts or grants made
14		by any person or other organization or State entity to the fund
15		shall be deposited into the Alcoholism and Substance Abuse Fund
16		which is hereby created as a special fund in the State
17		treasury. Monies in this fund shall be appropriated to the
18		Department and expended for the purposes and activities
19		specified by the person, organization or federal agency making
20		the 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.
24		There is hereby created in the State treasury a special fund to

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

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1		shall, directly or through subcontract, make loans to assist in
2		underwriting the costs of housing in which there may reside no
3		fewer than 6 individuals who are recovering from substance use
4		disorders alcohol or other drug abuse or dependency, and who
5		are seeking an alcohol-free or a drug-free environment in which
6		to live. Consistent with federal law and regulation, the
7		Department may establish guidelines for approving the use and
8		management of monies loaned from the fund, the operation of
9		group homes receiving loans under this Section and the
10		repayment of monies loaned.
11		(b) There shall be deposited into the fund such amounts
12		including, 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.

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1		(c) The Treasurer may invest monies in the fund in
2		securities constituting obligations of the United States
3		government, or in obligations the principal of and interest on
4		which are guaranteed by the United States government, or in
5		certificates of deposit of any State or national bank which are
6		fully secured by obligations guaranteed as to principal and
7		interest 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
12		Alcoholism and Substance Abuse within the Department of Human
13		Services shall establish a program to administer grants to
14		local drug courts. Grant moneys may be used for the following
15		purposes:
16		(1) treatment or other clinical intervention through
17		an appropriately licensed provider;
18		(2) monitoring, supervision, and clinical case
19		management via probation, Department Designated Programs,
20		or licensed treatment providers; , TASC, or other licensed
21		Division of Alcoholism and Substance Abuse (DASA)
22		providers;
23		(3) transportation of the offender to required
24		appointments;
25		(4) interdisciplinary and other training of both

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

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1		Abuse shall by rule develop the increased rate methodology and
2		annualize the increased rate beginning with State fiscal year
3		2018 contracts to licensed providers of community-based
4		substance use disorder intervention or treatment community
5		based addiction treatment, based on the additional amounts
6		appropriated for the purpose of providing a rate increase to
7		licensed providers of community based addiction treatment. The
8		Department shall adopt rules, including emergency rules under
9		subsection (y) of Section 5-45 of the Illinois Administrative
10		Procedure Act, to implement the provisions of this Section.
11		(Source: P.A. 100-23, eff. 7-6-17.)
12		(20 ILCS 301/10-20 rep.)
13		(20 ILCS 301/10-25 rep.)
14		(20 ILCS 301/10-30 rep.)
15		(20 ILCS 301/10-55 rep.)
16		(20 ILCS 301/10-60 rep.)
17		Section 10. The Alcoholism and Other Drug Abuse and
18		Dependency Act is amended by repealing Sections 10-20, 10-25,
19		10-30, 10-55, and 10-60.
20		Section 11. The Children and Family Services Act is amended
21		by changing Section 5 as follows:
22		(20 ILCS 505/5) (from Ch. 23, par. 5005)
23		Sec. 5. Direct child welfare services; Department of

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

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

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

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

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

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

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

SB2834 Engrossed - 116 - LRB100 16078 KTG 33917 b
1		grants, to persons appointed guardian of the person under
2		Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28,
3		4-25 or 5-740 of the Juvenile Court Act of 1987 for children
4		who were youth in care for 12 months immediately prior to the
5		appointment of the guardian.
6		The amount of assistance may vary, depending upon the needs
7		of the child and the adoptive parents, as set forth in the
8		annual assistance agreement. Special purpose grants are
9		allowed where the child requires special service but such costs
10		may not exceed the amounts which similar services would cost
11		the Department if it were to provide or secure them as guardian
12		of the child.
13		Any financial assistance provided under this subsection is
14		inalienable by assignment, sale, execution, attachment,
15		garnishment, or any other remedy for recovery or collection of
16		a judgment or debt.
17		(j-5) The Department shall not deny or delay the placement
18		of a child for adoption if an approved family is available
19		either outside of the Department region handling the case, or
20		outside of the State of Illinois.
21		(k) The Department shall accept for care and training any
22		child who has been adjudicated neglected or abused, or
23		dependent committed to it pursuant to the Juvenile Court Act or
24		the Juvenile Court Act of 1987.
25		(l) The Department shall offer family preservation
26		services, as defined in Section 8.2 of the Abused and Neglected

SB2834 Engrossed - 117 - LRB100 16078 KTG 33917 b
1		Child Reporting Act, to help families, including adoptive and
2		extended families. Family preservation services shall be
3		offered (i) to prevent the placement of children in substitute
4		care when the children can be cared for at home or in the
5		custody of the person responsible for the children's welfare,
6		(ii) to reunite children with their families, or (iii) to
7		maintain an adoptive placement. Family preservation services
8		shall only be offered when doing so will not endanger the
9		children's health or safety. With respect to children who are
10		in substitute care pursuant to the Juvenile Court Act of 1987,
11		family preservation services shall not be offered if a goal
12		other than those of subdivisions (A), (B), or (B-1) of
13		subsection (2) of Section 2-28 of that Act has been set.
14		Nothing in this paragraph shall be construed to create a
15		private right of action or claim on the part of any individual
16		or child welfare agency, except that when a child is the
17		subject of an action under Article II of the Juvenile Court Act
18		of 1987 and the child's service plan calls for services to
19		facilitate achievement of the permanency goal, the court
20		hearing the action under Article II of the Juvenile Court Act
21		of 1987 may order the Department to provide the services set
22		out in the plan, if those services are not provided with
23		reasonable promptness and if those services are available.
24		The Department shall notify the child and his family of the
25		Department's responsibility to offer and provide family
26		preservation services as identified in the service plan. The

SB2834 Engrossed - 118 - LRB100 16078 KTG 33917 b
1		child and his family shall be eligible for services as soon as
2		the report is determined to be "indicated". The Department may
3		offer services to any child or family with respect to whom a
4		report of suspected child abuse or neglect has been filed,
5		prior to concluding its investigation under Section 7.12 of the
6		Abused and Neglected Child Reporting Act. However, the child's
7		or family's willingness to accept services shall not be
8		considered in the investigation. The Department may also
9		provide services to any child or family who is the subject of
10		any report of suspected child abuse or neglect or may refer
11		such child or family to services available from other agencies
12		in the community, even if the report is determined to be
13		unfounded, if the conditions in the child's or family's home
14		are reasonably likely to subject the child or family to future
15		reports of suspected child abuse or neglect. Acceptance of such
16		services shall be voluntary. The Department may also provide
17		services to any child or family after completion of a family
18		assessment, as an alternative to an investigation, as provided
19		under the "differential response program" provided for in
20		subsection (a-5) of Section 7.4 of the Abused and Neglected
21		Child Reporting Act.
22		The Department may, at its discretion except for those
23		children also adjudicated neglected or dependent, accept for
24		care and training any child who has been adjudicated addicted,
25		as a truant minor in need of supervision or as a minor
26		requiring authoritative intervention, under the Juvenile Court

SB2834 Engrossed - 119 - LRB100 16078 KTG 33917 b
1		Act or the Juvenile Court Act of 1987, but no such child shall
2		be committed to the Department by any court without the
3		approval of the Department. On and after January 1, 2015 (the
4		effective date of Public Act 98-803) this amendatory Act of the
5		98th General Assembly and before January 1, 2017, a minor
6		charged with a criminal offense under the Criminal Code of 1961
7		or the Criminal Code of 2012 or adjudicated delinquent shall
8		not be placed in the custody of or committed to the Department
9		by any court, except (i) a minor less than 16 years of age
10		committed to the Department under Section 5-710 of the Juvenile
11		Court Act of 1987, (ii) a minor for whom an independent basis
12		of abuse, neglect, or dependency exists, which must be defined
13		by departmental rule, or (iii) a minor for whom the court has
14		granted a supplemental petition to reinstate wardship pursuant
15		to subsection (2) of Section 2-33 of the Juvenile Court Act of
16		1987. On and after January 1, 2017, a minor charged with a
17		criminal offense under the Criminal Code of 1961 or the
18		Criminal Code of 2012 or adjudicated delinquent shall not be
19		placed in the custody of or committed to the Department by any
20		court, except (i) a minor less than 15 years of age committed
21		to the Department under Section 5-710 of the Juvenile Court Act
22		of 1987, ii) a minor for whom an independent basis of abuse,
23		neglect, or dependency exists, which must be defined by
24		departmental rule, or (iii) a minor for whom the court has
25		granted a supplemental petition to reinstate wardship pursuant
26		to subsection (2) of Section 2-33 of the Juvenile Court Act of

SB2834 Engrossed - 120 - LRB100 16078 KTG 33917 b
1		1987. An independent basis exists when the allegations or
2		adjudication of abuse, neglect, or dependency do not arise from
3		the same facts, incident, or circumstances which give rise to a
4		charge or adjudication of delinquency. The Department shall
5		assign a caseworker to attend any hearing involving a youth in
6		the care and custody of the Department who is placed on
7		aftercare release, including hearings involving sanctions for
8		violation of aftercare release conditions and aftercare
9		release revocation hearings.
10		As soon as is possible after August 7, 2009 (the effective
11		date of Public Act 96-134), the Department shall develop and
12		implement a special program of family preservation services to
13		support intact, foster, and adoptive families who are
14		experiencing extreme hardships due to the difficulty and stress
15		of caring for a child who has been diagnosed with a pervasive
16		developmental disorder if the Department determines that those
17		services are necessary to ensure the health and safety of the
18		child. The Department may offer services to any family whether
19		or not a report has been filed under the Abused and Neglected
20		Child Reporting Act. The Department may refer the child or
21		family to services available from other agencies in the
22		community if the conditions in the child's or family's home are
23		reasonably likely to subject the child or family to future
24		reports of suspected child abuse or neglect. Acceptance of
25		these services shall be voluntary. The Department shall develop
26		and implement a public information campaign to alert health and

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

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

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

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

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

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

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1		assignment, sale, attachment, garnishment or otherwise.
2		(n-1) The Department shall provide or authorize child
3		welfare services, aimed at assisting minors to achieve
4		sustainable self-sufficiency as independent adults, for any
5		minor eligible for the reinstatement of wardship pursuant to
6		subsection (2) of Section 2-33 of the Juvenile Court Act of
7		1987, whether or not such reinstatement is sought or allowed,
8		provided that the minor consents to such services and has not
9		yet attained the age of 21. The Department shall have
10		responsibility for the development and delivery of services
11		under this Section. An eligible youth may access services under
12		this Section through the Department of Children and Family
13		Services or by referral from the Department of Human Services.
14		Youth participating in services under this Section shall
15		cooperate with the assigned case manager in developing an
16		agreement identifying the services to be provided and how the
17		youth will increase skills to achieve self-sufficiency. A
18		homeless shelter is not considered appropriate housing for any
19		youth receiving child welfare services under this Section. The
20		Department shall continue child welfare services under this
21		Section to any eligible minor until the minor becomes 21 years
22		of age, no longer consents to participate, or achieves
23		self-sufficiency as identified in the minor's service plan. The
24		Department of Children and Family Services shall create clear,
25		readable notice of the rights of former foster youth to child
26		welfare services under this Section and how such services may

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1		be obtained. The Department of Children and Family Services and
2		the Department of Human Services shall disseminate this
3		information statewide. The Department shall adopt regulations
4		describing services intended to assist minors in achieving
5		sustainable self-sufficiency as independent adults.
6		(o) The Department shall establish an administrative
7		review and appeal process for children and families who request
8		or receive child welfare services from the Department. Youth in
9		care who are placed by private child welfare agencies, and
10		foster families with whom those youth are placed, shall be
11		afforded the same procedural and appeal rights as children and
12		families in the case of placement by the Department, including
13		the right to an initial review of a private agency decision by
14		that agency. The Department shall ensure that any private child
15		welfare agency, which accepts youth in care for placement,
16		affords those rights to children and foster families. The
17		Department shall accept for administrative review and an appeal
18		hearing a complaint made by (i) a child or foster family
19		concerning a decision following an initial review by a private
20		child welfare agency or (ii) a prospective adoptive parent who
21		alleges a violation of subsection (j-5) of this Section. An
22		appeal of a decision concerning a change in the placement of a
23		child shall be conducted in an expedited manner. A court
24		determination that a current foster home placement is necessary
25		and appropriate under Section 2-28 of the Juvenile Court Act of
26		1987 does not constitute a judicial determination on the merits

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

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

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

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

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

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1		prospective adoptive parent or parents or other caretaker a
2		signed verification of receipt of the information provided.
3		Within 10 business days after placement, the Department shall
4		provide to the child's guardian ad litem a copy of the
5		information provided to the prospective adoptive parent or
6		parents or other caretaker. The information provided to the
7		prospective adoptive parent or parents or other caretaker shall
8		be reviewed and approved regarding accuracy at the supervisory
9		level.
10		(u-5) Effective July 1, 1995, only foster care placements
11		licensed as foster family homes pursuant to the Child Care Act
12		of 1969 shall be eligible to receive foster care payments from
13		the Department. Relative caregivers who, as of July 1, 1995,
14		were approved pursuant to approved relative placement rules
15		previously promulgated by the Department at 89 Ill. Adm. Code
16		335 and had submitted an application for licensure as a foster
17		family home may continue to receive foster care payments only
18		until the Department determines that they may be licensed as a
19		foster family home or that their application for licensure is
20		denied or until September 30, 1995, whichever occurs first.
21		(v) The Department shall access criminal history record
22		information as defined in the Illinois Uniform Conviction
23		Information Act and information maintained in the adjudicatory
24		and dispositional record system as defined in Section 2605-355
25		of the Department of State Police Law (20 ILCS 2605/2605-355)
26		if the Department determines the information is necessary to

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

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

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

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1		Individuals with Disabilities Education Improvement Act of
2		2004.
3		(z) The Department shall access criminal history record
4		information as defined as "background information" in this
5		subsection and criminal history record information as defined
6		in the Illinois Uniform Conviction Information Act for each
7		Department employee or Department applicant. Each Department
8		employee or Department applicant shall submit his or her
9		fingerprints to the Department of State Police in the form and
10		manner prescribed by the Department of State Police. These
11		fingerprints shall be checked against the fingerprint records
12		now and hereafter filed in the Department of State Police and
13		the Federal Bureau of Investigation criminal history records
14		databases. The Department of State Police shall charge a fee
15		for conducting the criminal history record check, which shall
16		be deposited into the State Police Services Fund and shall not
17		exceed the actual cost of the record check. The Department of
18		State Police shall furnish, pursuant to positive
19		identification, all Illinois conviction information to the
20		Department of Children and Family Services.
21		For purposes of this subsection:
22		"Background information" means all of the following:
23		(i) Upon the request of the Department of Children and
24		Family Services, conviction information obtained from the
25		Department of State Police as a result of a
26		fingerprint-based criminal history records check of the

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

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1		100-159, eff. 8-18-17; 100-522, eff. 9-22-17; revised
2		1-22-18.)
3		Section 13. The Department of Human Services Act is amended
4		by changing Sections 1-40, 10-15, and 10-66 as follows:
5		(20 ILCS 1305/1-40)
6		Sec. 1-40. Substance Use Disorders Alcoholism and
7		Substance Abuse; Mental Health; provider payments. For
8		authorized Medicaid services to enrolled individuals, Division
9		of Substance Use Prevention and Recovery Alcoholism and
10		Substance Abuse and Division of Mental Health providers shall
11		receive payment for such authorized services, with payment
12		occurring no later than in the next fiscal year.
13		(Source: P.A. 96-1472, eff. 8-23-10.)
14		(20 ILCS 1305/10-15)
15		Sec. 10-15. Pregnant women with a substance use disorder.
16		Addicted pregnant women. The Department shall develop
17		guidelines for use in non-hospital residential care facilities
18		for pregnant women who have a substance use disorder addicted
19		pregnant women with respect to the care of those clients.
20		The Department shall administer infant mortality and
21		prenatal programs, through its provider agencies, to develop
22		special programs for case finding and service coordination for
23		pregnant women who have a substance use disorder addicted

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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1		State Police may file a motion to vacate, modify, or
2		reconsider the order denying the petition to
3		immediately seal within 60 days of service of the
4		order. If filed more than 60 days after service of the
5		order, a petition to vacate, modify, or reconsider
6		shall comply with subsection (c) of Section 2-1401 of
7		the Code of Civil Procedure.
8		(L) Effect of Order. An order granting an immediate
9		sealing petition shall not be considered void because
10		it fails to comply with the provisions of this Section
11		or because of an error asserted in a motion to vacate,
12		modify, or reconsider. The circuit court retains
13		jurisdiction to determine whether the order is
14		voidable, and to vacate, modify, or reconsider its
15		terms based on a motion filed under subparagraph (L) of
16		this subsection (g).
17		(M) Compliance with Order Granting Petition to
18		Seal Records. Unless a court has entered a stay of an
19		order granting a petition to immediately seal, all
20		parties entitled to service of the order must fully
21		comply with the terms of the order within 60 days of
22		service of the order.
23		(Source: P.A. 99-78, eff. 7-20-15; 99-378, eff. 1-1-16; 99-385,
24		eff. 1-1-16; 99-642, eff. 7-28-16; 99-697, eff. 7-29-16;
25		99-881, eff. 1-1-17; 100-201, eff. 8-18-17; 100-282, eff.
26		1-1-18; 100-284, eff. 8-24-17; 100-287, eff. 8-24-17; revised

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

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1		processing, preservation, maintenance, dissemination, or
2		display and is distinguished from a system in which such
3		activities are performed manually.
4		(E) "Complete" means accurately reflecting all the
5		criminal history record information about an individual that is
6		required to be reported to the Department pursuant to Section
7		2.1 of the Criminal Identification Act.
8		(F) "Conviction information" means data reflecting a
9		judgment of guilt or nolo contendere. The term includes all
10		prior and subsequent criminal history events directly relating
11		to such judgments, such as, but not limited to: (1) the
12		notation of arrest; (2) the notation of charges filed; (3) the
13		sentence imposed; (4) the fine imposed; and (5) all related
14		probation, parole, and release information. Information ceases
15		to be "conviction information" when a judgment of guilt is
16		reversed or vacated.
17		For purposes of this Act, continuances to a date certain in
18		furtherance of an order of supervision granted under Section
19		5-6-1 of the Unified Code of Corrections or an order of
20		probation granted under either Section 10 of the Cannabis
21		Control Act, Section 410 of the Illinois Controlled Substances
22		Act, Section 70 of the Methamphetamine Control and Community
23		Protection Act, Section 12-4.3 or subdivision (b)(1) of Section
24		12-3.05 of the Criminal Code of 1961 or the Criminal Code of
25		2012, Section 10-102 of the Illinois Alcoholism and Other Drug
26		Dependency Act, Section 40-10 of the Substance Use Disorder

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

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

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

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

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

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

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

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

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

SB2834 Engrossed - 206 - LRB100 16078 KTG 33917 b
1		and mental health services.
2		(iii) Patient case management services, including
3		counseling, referral, and follow-up services, and other
4		services designed to assist community behavioral health
5		center patients in establishing eligibility for and
6		gaining access to federal, State, and local programs that
7		provide or financially support the provision of medical,
8		social, educational, or other related services.
9		(iv) Services that enable individuals to use the
10		services of the behavioral health center including
11		outreach and transportation services and, if a substantial
12		number of the individuals in the population are of limited
13		English-speaking ability, the services of appropriate
14		personnel fluent in the language spoken by a predominant
15		number of those individuals.
16		(v) Education of patients and the general population
17		served by the community behavioral health center regarding
18		the availability and proper use of behavioral health
19		services.
20		(vi) Additional behavioral healthcare services
21		consisting of services that are appropriate to meet the
22		health needs of the population served by the behavioral
23		health center involved and that may include housing
24		assistance.
25		"Department" means the Department of Human Services.
26		"Uninsured population" means persons who do not own private

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

SB2834 Engrossed - 208 - LRB100 16078 KTG 33917 b
1		control devices, including the psychological and
2		physiological effects of the use of those devices on
3		humans, first-aid (including cardiopulmonary
4		resuscitation), training in the administration of opioid
5		antagonists as defined in paragraph (1) of subsection (e)
6		of Section 5-23 of the Substance Use Disorder Act,
7		Alcoholism and Other Drug Abuse and Dependency Act,
8		handling of juvenile offenders, recognition of mental
9		conditions and crises, including, but not limited to, the
10		disease of addiction, which require immediate assistance
11		and response and methods to safeguard and provide
12		assistance to a person in need of mental treatment,
13		recognition of abuse, neglect, financial exploitation, and
14		self-neglect of adults with disabilities and older adults,
15		as defined in Section 2 of the Adult Protective Services
16		Act, crimes against the elderly, law of evidence, the
17		hazards of high-speed police vehicle chases with an
18		emphasis on alternatives to the high-speed chase, and
19		physical training. The curriculum shall include specific
20		training in techniques for immediate response to and
21		investigation of cases of domestic violence and of sexual
22		assault of adults and children, including cultural
23		perceptions and common myths of sexual assault and sexual
24		abuse as well as interview techniques that are trauma
25		informed, victim centered, and victim sensitive. The
26		curriculum shall include training in techniques designed

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

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

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

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

SB2834 Engrossed - 213 - LRB100 16078 KTG 33917 b
1		police officers, permanent or part-time police officers, law
2		enforcement officers, recruits, permanent or probationary
3		county corrections officers, permanent or probationary county
4		security officers, and court security officers. The term does
5		not include auxiliary police officers as defined in Section
6		3.1-30-20 of the Illinois Municipal Code.
7		(Source: P.A. 99-480, eff. 9-9-15; 99-642, eff. 7-28-16.)
8		Section 40. The Illinois Fire Protection Training Act is
9		amended by changing Sections 8 and 12.5 as follows:
10		(50 ILCS 740/8) (from Ch. 85, par. 538)
11		Sec. 8. Rules and minimum standards for schools. The Office
12		shall adopt rules and minimum standards for such schools which
13		shall include but not be limited to the following:
14		a. Minimum courses of study, resources, facilities,
15		apparatus, equipment, reference material, established
16		records and procedures as determined by the Office.
17		b. Minimum requirements for instructors.
18		c. Minimum basic training requirements, which a
19		trainee must satisfactorily complete before being eligible
20		for permanent employment as a fire fighter in the fire
21		department of a participating local governmental agency.
22		Those requirements shall include training in first aid
23		(including cardiopulmonary resuscitation) and training in
24		the administration of opioid antagonists as defined in

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

SB2834 Engrossed - 215 - LRB100 16078 KTG 33917 b
1		necessary by the sheriff to provide for court security,
2		including without limitation court services provided pursuant
3		to Section 3-6023, as now or hereafter amended. Such fee shall
4		be paid in civil cases by each party at the time of filing the
5		first pleading, paper or other appearance; provided that no
6		additional fee shall be required if more than one party is
7		represented in a single pleading, paper or other appearance. In
8		criminal, local ordinance, county ordinance, traffic and
9		conservation cases, such fee shall be assessed against the
10		defendant upon a plea of guilty, stipulation of facts or
11		findings of guilty, resulting in a judgment of conviction, or
12		order of supervision, or sentence of probation without entry of
13		judgment pursuant to Section 10 of the Cannabis Control Act,
14		Section 410 of the Illinois Controlled Substances Act, Section
15		70 of the Methamphetamine Control and Community Protection Act,
16		Section 12-4.3 or subdivision (b)(1) of Section 12-3.05 of the
17		Criminal Code of 1961 or the Criminal Code of 2012, Section
18		10-102 of the Illinois Alcoholism and Other Drug Dependency
19		Act, Section 40-10 of the Substance Use Disorder Act,
20		Alcoholism and Other Drug Abuse and Dependency Act, or Section
21		10 of the Steroid Control Act. In setting such fee, the county
22		board may impose, with the concurrence of the Chief Judge of
23		the judicial circuit in which the county is located by
24		administrative order entered by the Chief Judge, differential
25		rates for the various types or categories of criminal and civil
26		cases, but the maximum rate shall not exceed $25, unless the

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

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

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

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

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

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

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

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

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

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1		the school (i) the prescription label, which must contain
2		the name of the asthma medication, the prescribed dosage,
3		and the time at which or circumstances under which the
4		asthma medication is to be administered, or (ii) for the
5		self-administration or self-carry of an epinephrine
6		auto-injector, a written statement from the pupil's
7		physician, physician assistant, or advanced practice
8		registered nurse containing the following information:
9		(A) the name and purpose of the epinephrine
10		auto-injector;
11		(B) the prescribed dosage; and
12		(C) the time or times at which or the special
13		circumstances under which the epinephrine
14		auto-injector is to be administered.
15		The information provided shall be kept on file in the office of
16		the school nurse or, in the absence of a school nurse, the
17		school's administrator.
18		(b-5) A school district, public school, or nonpublic school
19		may authorize the provision of a student-specific or
20		undesignated epinephrine auto-injector to a student or any
21		personnel authorized under a student's Individual Health Care
22		Action Plan, Illinois Food Allergy Emergency Action Plan and
23		Treatment Authorization Form, or plan pursuant to Section 504
24		of the federal Rehabilitation Act of 1973 to administer an
25		epinephrine auto-injector to the student, that meets the
26		student's prescription on file.

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1		(b-10) The school district, public school, or nonpublic
2		school may authorize a school nurse or trained personnel to do
3		the following: (i) provide an undesignated epinephrine
4		auto-injector to a student for self-administration only or any
5		personnel authorized under a student's Individual Health Care
6		Action Plan, Illinois Food Allergy Emergency Action Plan and
7		Treatment Authorization Form, or plan pursuant to Section 504
8		of the federal Rehabilitation Act of 1973 to administer to the
9		student, that meets the student's prescription on file; (ii)
10		administer an undesignated epinephrine auto-injector that
11		meets the prescription on file to any student who has an
12		Individual Health Care Action Plan, Illinois Food Allergy
13		Emergency Action Plan and Treatment Authorization Form, or plan
14		pursuant to Section 504 of the federal Rehabilitation Act of
15		1973 that authorizes the use of an epinephrine auto-injector;
16		(iii) administer an undesignated epinephrine auto-injector to
17		any person that the school nurse or trained personnel in good
18		faith believes is having an anaphylactic reaction; and (iv)
19		administer an opioid antagonist to any person that the school
20		nurse or trained personnel in good faith believes is having an
21		opioid overdose.
22		(c) The school district, public school, or nonpublic school
23		must inform the parents or guardians of the pupil, in writing,
24		that the school district, public school, or nonpublic school
25		and its employees and agents, including a physician, physician
26		assistant, or advanced practice registered nurse providing

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1		standing protocol or prescription for school epinephrine
2		auto-injectors, are to incur no liability or professional
3		discipline, except for willful and wanton conduct, as a result
4		of any injury arising from the administration of asthma
5		medication, an epinephrine auto-injector, or an opioid
6		antagonist regardless of whether authorization was given by the
7		pupil's parents or guardians or by the pupil's physician,
8		physician assistant, or advanced practice registered nurse.
9		The parents or guardians of the pupil must sign a statement
10		acknowledging that the school district, public school, or
11		nonpublic school and its employees and agents are to incur no
12		liability, except for willful and wanton conduct, as a result
13		of any injury arising from the administration of asthma
14		medication, an epinephrine auto-injector, or an opioid
15		antagonist regardless of whether authorization was given by the
16		pupil's parents or guardians or by the pupil's physician,
17		physician assistant, or advanced practice registered nurse and
18		that the parents or guardians must indemnify and hold harmless
19		the school district, public school, or nonpublic school and its
20		employees and agents against any claims, except a claim based
21		on willful and wanton conduct, arising out of the
22		administration of asthma medication, an epinephrine
23		auto-injector, or an opioid antagonist regardless of whether
24		authorization was given by the pupil's parents or guardians or
25		by the pupil's physician, physician assistant, or advanced
26		practice registered nurse.

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1		(c-5) When a school nurse or trained personnel administers
2		an undesignated epinephrine auto-injector to a person whom the
3		school nurse or trained personnel in good faith believes is
4		having an anaphylactic reaction or administers an opioid
5		antagonist to a person whom the school nurse or trained
6		personnel in good faith believes is having an opioid overdose,
7		notwithstanding the lack of notice to the parents or guardians
8		of the pupil or the absence of the parents or guardians signed
9		statement acknowledging no liability, except for willful and
10		wanton conduct, the school district, public school, or
11		nonpublic school and its employees and agents, and a physician,
12		a physician assistant, or an advanced practice registered nurse
13		providing standing protocol or prescription for undesignated
14		epinephrine auto-injectors, are to incur no liability or
15		professional discipline, except for willful and wanton
16		conduct, as a result of any injury arising from the use of an
17		undesignated epinephrine auto-injector or the use of an opioid
18		antagonist regardless of whether authorization was given by the
19		pupil's parents or guardians or by the pupil's physician,
20		physician assistant, or advanced practice registered nurse.
21		(d) The permission for self-administration and self-carry
22		of asthma medication or the self-administration and self-carry
23		of an epinephrine auto-injector is effective for the school
24		year for which it is granted and shall be renewed each
25		subsequent school year upon fulfillment of the requirements of
26		this Section.

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1		(e) Provided that the requirements of this Section are
2		fulfilled, a pupil with asthma may self-administer and
3		self-carry his or her asthma medication or a pupil may
4		self-administer and self-carry an epinephrine auto-injector
5		(i) while in school, (ii) while at a school-sponsored activity,
6		(iii) while under the supervision of school personnel, or (iv)
7		before or after normal school activities, such as while in
8		before-school or after-school care on school-operated property
9		or while being transported on a school bus.
10		(e-5) Provided that the requirements of this Section are
11		fulfilled, a school nurse or trained personnel may administer
12		an undesignated epinephrine auto-injector to any person whom
13		the school nurse or trained personnel in good faith believes to
14		be having an anaphylactic reaction (i) while in school, (ii)
15		while at a school-sponsored activity, (iii) while under the
16		supervision of school personnel, or (iv) before or after normal
17		school activities, such as while in before-school or
18		after-school care on school-operated property or while being
19		transported on a school bus. A school nurse or trained
20		personnel may carry undesignated epinephrine auto-injectors on
21		his or her person while in school or at a school-sponsored
22		activity.
23		(e-10) Provided that the requirements of this Section are
24		fulfilled, a school nurse or trained personnel may administer
25		an opioid antagonist to any person whom the school nurse or
26		trained personnel in good faith believes to be having an opioid

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1		overdose (i) while in school, (ii) while at a school-sponsored
2		activity, (iii) while under the supervision of school
3		personnel, or (iv) before or after normal school activities,
4		such as while in before-school or after-school care on
5		school-operated property. A school nurse or trained personnel
6		may carry an opioid antagonist on their person while in school
7		or at a school-sponsored activity.
8		(f) The school district, public school, or nonpublic school
9		may maintain a supply of undesignated epinephrine
10		auto-injectors in any secure location that is accessible
11		before, during, and after school where an allergic person is
12		most at risk, including, but not limited to, classrooms and
13		lunchrooms. A physician, a physician assistant who has been
14		delegated prescriptive authority in accordance with Section
15		7.5 of the Physician Assistant Practice Act of 1987, or an
16		advanced practice registered nurse who has been delegated
17		prescriptive authority in accordance with Section 65-40 of the
18		Nurse Practice Act may prescribe undesignated epinephrine
19		auto-injectors in the name of the school district, public
20		school, or nonpublic school to be maintained for use when
21		necessary. Any supply of epinephrine auto-injectors shall be
22		maintained in accordance with the manufacturer's instructions.
23		The school district, public school, or nonpublic school may
24		maintain a supply of an opioid antagonist in any secure
25		location where an individual may have an opioid overdose. A
26		health care professional who has been delegated prescriptive

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1		authority for opioid antagonists in accordance with Section
2		5-23 of the Substance Use Disorder Act Alcoholism and Other
3		Drug Abuse and Dependency Act may prescribe opioid antagonists
4		in the name of the school district, public school, or nonpublic
5		school, to be maintained for use when necessary. Any supply of
6		opioid antagonists shall be maintained in accordance with the
7		manufacturer's instructions.
8		(f-3) Whichever entity initiates the process of obtaining
9		undesignated epinephrine auto-injectors and providing training
10		to personnel for carrying and administering undesignated
11		epinephrine auto-injectors shall pay for the costs of the
12		undesignated epinephrine auto-injectors.
13		(f-5) Upon any administration of an epinephrine
14		auto-injector, a school district, public school, or nonpublic
15		school must immediately activate the EMS system and notify the
16		student's parent, guardian, or emergency contact, if known.
17		Upon any administration of an opioid antagonist, a school
18		district, public school, or nonpublic school must immediately
19		activate the EMS system and notify the student's parent,
20		guardian, or emergency contact, if known.
21		(f-10) Within 24 hours of the administration of an
22		undesignated epinephrine auto-injector, a school district,
23		public school, or nonpublic school must notify the physician,
24		physician assistant, or advanced practice registered nurse who
25		provided the standing protocol or prescription for the
26		undesignated epinephrine auto-injector of its use.

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1		Within 24 hours after the administration of an opioid
2		antagonist, a school district, public school, or nonpublic
3		school must notify the health care professional who provided
4		the prescription for the opioid antagonist of its use.
5		(g) Prior to the administration of an undesignated
6		epinephrine auto-injector, trained personnel must submit to
7		their school's administration proof of completion of a training
8		curriculum to recognize and respond to anaphylaxis that meets
9		the requirements of subsection (h) of this Section. Training
10		must be completed annually. The school district, public school,
11		or nonpublic school must maintain records related to the
12		training curriculum and trained personnel.
13		Prior to the administration of an opioid antagonist,
14		trained personnel must submit to their school's administration
15		proof of completion of a training curriculum to recognize and
16		respond to an opioid overdose, which curriculum must meet the
17		requirements of subsection (h-5) of this Section. Training must
18		be completed annually. Trained personnel must also submit to
19		the school's administration proof of cardiopulmonary
20		resuscitation and automated external defibrillator
21		certification. The school district, public school, or
22		nonpublic school must maintain records relating to the training
23		curriculum and the trained personnel.
24		(h) A training curriculum to recognize and respond to
25		anaphylaxis, including the administration of an undesignated
26		epinephrine auto-injector, may be conducted online or in

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1		person.
2		Training shall include, but is not limited to:
3		(1) how to recognize signs and symptoms of an allergic
4		reaction, including anaphylaxis;
5		(2) how to administer an epinephrine auto-injector;
6		and
7		(3) a test demonstrating competency of the knowledge
8		required to recognize anaphylaxis and administer an
9		epinephrine auto-injector.
10		Training may also include, but is not limited to:
11		(A) a review of high-risk areas within a school and its
12		related facilities;
13		(B) steps to take to prevent exposure to allergens;
14		(C) emergency follow-up procedures;
15		(D) how to respond to a student with a known allergy,
16		as well as a student with a previously unknown allergy; and
17		(E) other criteria as determined in rules adopted
18		pursuant to this Section.
19		In consultation with statewide professional organizations
20		representing physicians licensed to practice medicine in all of
21		its branches, registered nurses, and school nurses, the State
22		Board of Education shall make available resource materials
23		consistent with criteria in this subsection (h) for educating
24		trained personnel to recognize and respond to anaphylaxis. The
25		State Board may take into consideration the curriculum on this
26		subject developed by other states, as well as any other

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1		curricular materials suggested by medical experts and other
2		groups that work on life-threatening allergy issues. The State
3		Board is not required to create new resource materials. The
4		State Board shall make these resource materials available on
5		its Internet website.
6		(h-5) A training curriculum to recognize and respond to an
7		opioid overdose, including the administration of an opioid
8		antagonist, may be conducted online or in person. The training
9		must comply with any training requirements under Section 5-23
10		of the Substance Use Disorder Act Alcoholism and Other Drug
11		Abuse and Dependency Act and the corresponding rules. It must
12		include, but is not limited to:
13		(1) how to recognize symptoms of an opioid overdose;
14		(2) information on drug overdose prevention and
15		recognition;
16		(3) how to perform rescue breathing and resuscitation;
17		(4) how to respond to an emergency involving an opioid
18		overdose;
19		(5) opioid antagonist dosage and administration;
20		(6) the importance of calling 911;
21		(7) care for the overdose victim after administration
22		of the overdose antagonist;
23		(8) a test demonstrating competency of the knowledge
24		required to recognize an opioid overdose and administer a
25		dose of an opioid antagonist; and
26		(9) other criteria as determined in rules adopted

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1		pursuant to this Section.
2		(i) Within 3 days after the administration of an
3		undesignated epinephrine auto-injector by a school nurse,
4		trained personnel, or a student at a school or school-sponsored
5		activity, the school must report to the State Board of
6		Education in a form and manner prescribed by the State Board
7		the following information:
8		(1) age and type of person receiving epinephrine
9		(student, staff, visitor);
10		(2) any previously known diagnosis of a severe allergy;
11		(3) trigger that precipitated allergic episode;
12		(4) location where symptoms developed;
13		(5) number of doses administered;
14		(6) type of person administering epinephrine (school
15		nurse, trained personnel, student); and
16		(7) any other information required by the State Board.
17		If a school district, public school, or nonpublic school
18		maintains or has an independent contractor providing
19		transportation to students who maintains a supply of
20		undesignated epinephrine auto-injectors, then the school
21		district, public school, or nonpublic school must report that
22		information to the State Board of Education upon adoption or
23		change of the policy of the school district, public school,
24		nonpublic school, or independent contractor, in a manner as
25		prescribed by the State Board. The report must include the
26		number of undesignated epinephrine auto-injectors in supply.

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1		(i-5) Within 3 days after the administration of an opioid
2		antagonist by a school nurse or trained personnel, the school
3		must report to the State Board of Education, in a form and
4		manner prescribed by the State Board, the following
5		information:
6		(1) the age and type of person receiving the opioid
7		antagonist (student, staff, or visitor);
8		(2) the location where symptoms developed;
9		(3) the type of person administering the opioid
10		antagonist (school nurse or trained personnel); and
11		(4) any other information required by the State Board.
12		(j) By October 1, 2015 and every year thereafter, the State
13		Board of Education shall submit a report to the General
14		Assembly identifying the frequency and circumstances of
15		epinephrine administration during the preceding academic year.
16		Beginning with the 2017 report, the report shall also contain
17		information on which school districts, public schools, and
18		nonpublic schools maintain or have independent contractors
19		providing transportation to students who maintain a supply of
20		undesignated epinephrine auto-injectors. This report shall be
21		published on the State Board's Internet website on the date the
22		report is delivered to the General Assembly.
23		(j-5) Annually, each school district, public school,
24		charter school, or nonpublic school shall request an asthma
25		action plan from the parents or guardians of a pupil with
26		asthma. If provided, the asthma action plan must be kept on

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1		file in the office of the school nurse or, in the absence of a
2		school nurse, the school administrator. Copies of the asthma
3		action plan may be distributed to appropriate school staff who
4		interact with the pupil on a regular basis, and, if applicable,
5		may be attached to the pupil's federal Section 504 plan or
6		individualized education program plan.
7		(j-10) To assist schools with emergency response
8		procedures for asthma, the State Board of Education, in
9		consultation with statewide professional organizations with
10		expertise in asthma management and a statewide organization
11		representing school administrators, shall develop a model
12		asthma episode emergency response protocol before September 1,
13		2016. Each school district, charter school, and nonpublic
14		school shall adopt an asthma episode emergency response
15		protocol before January 1, 2017 that includes all of the
16		components of the State Board's model protocol.
17		(j-15) Every 2 years, school personnel who work with pupils
18		shall complete an in-person or online training program on the
19		management of asthma, the prevention of asthma symptoms, and
20		emergency response in the school setting. In consultation with
21		statewide professional organizations with expertise in asthma
22		management, the State Board of Education shall make available
23		resource materials for educating school personnel about asthma
24		and emergency response in the school setting.
25		(j-20) On or before October 1, 2016 and every year
26		thereafter, the State Board of Education shall submit a report

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1		to the General Assembly and the Department of Public Health
2		identifying the frequency and circumstances of opioid
3		antagonist administration during the preceding academic year.
4		This report shall be published on the State Board's Internet
5		website on the date the report is delivered to the General
6		Assembly.
7		(k) The State Board of Education may adopt rules necessary
8		to implement this Section.
9		(l) Nothing in this Section shall limit the amount of
10		epinephrine auto-injectors that any type of school or student
11		may carry or maintain a supply of.
12		(Source: P.A. 99-173, eff. 7-29-15; 99-480, eff. 9-9-15;
13		99-642, eff. 7-28-16; 99-711, eff. 1-1-17; 99-843, eff.
14		8-19-16; 100-201, eff. 8-18-17; 100-513, eff. 1-1-18.)
15		Section 60. The Hospital Licensing Act is amended by
16		changing Section 3 as follows:
17		(210 ILCS 85/3)
18		Sec. 3. As used in this Act:
19		(A) "Hospital" means any institution, place, building,
20		buildings on a campus, or agency, public or private, whether
21		organized for profit or not, devoted primarily to the
22		maintenance and operation of facilities for the diagnosis and
23		treatment or care of 2 or more unrelated persons admitted for
24		overnight stay or longer in order to obtain medical, including

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1		obstetric, psychiatric and nursing, care of illness, disease,
2		injury, infirmity, or deformity.
3		The term "hospital", without regard to length of stay,
4		shall also include:
5		(a) any facility which is devoted primarily to
6		providing psychiatric and related services and programs
7		for the diagnosis and treatment or care of 2 or more
8		unrelated persons suffering from emotional or nervous
9		diseases;
10		(b) all places where pregnant females are received,
11		cared for, or treated during delivery irrespective of the
12		number of patients received.
13		The term "hospital" includes general and specialized
14		hospitals, tuberculosis sanitaria, mental or psychiatric
15		hospitals and sanitaria, and includes maternity homes,
16		lying-in homes, and homes for unwed mothers in which care is
17		given during delivery.
18		The term "hospital" does not include:
19		(1) any person or institution required to be licensed
20		pursuant to the Nursing Home Care Act, the Specialized
21		Mental Health Rehabilitation Act of 2013, the ID/DD
22		Community Care Act, or the MC/DD Act;
23		(2) hospitalization or care facilities maintained by
24		the State or any department or agency thereof, where such
25		department or agency has authority under law to establish
26		and enforce standards for the hospitalization or care

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1		facilities under its management and control;
2		(3) hospitalization or care facilities maintained by
3		the federal government or agencies thereof;
4		(4) hospitalization or care facilities maintained by
5		any university or college established under the laws of
6		this State and supported principally by public funds raised
7		by taxation;
8		(5) any person or facility required to be licensed
9		pursuant to the Substance Use Disorder Act; Alcoholism and
10		Other Drug Abuse and Dependency Act;
11		(6) any facility operated solely by and for persons who
12		rely exclusively upon treatment by spiritual means through
13		prayer, in accordance with the creed or tenets of any
14		well-recognized church or religious denomination;
15		(7) an Alzheimer's disease management center
16		alternative health care model licensed under the
17		Alternative Health Care Delivery Act; or
18		(8) any veterinary hospital or clinic operated by a
19		veterinarian or veterinarians licensed under the
20		Veterinary Medicine and Surgery Practice Act of 2004 or
21		maintained by a State-supported or publicly funded
22		university or college.
23		(B) "Person" means the State, and any political subdivision
24		or municipal corporation, individual, firm, partnership,
25		corporation, company, association, or joint stock association,
26		or the legal successor thereof.

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1		(C) "Department" means the Department of Public Health of
2		the State of Illinois.
3		(D) "Director" means the Director of Public Health of the
4		State of Illinois.
5		(E) "Perinatal" means the period of time between the
6		conception of an infant and the end of the first month after
7		birth.
8		(F) "Federally designated organ procurement agency" means
9		the organ procurement agency designated by the Secretary of the
10		U.S. Department of Health and Human Services for the service
11		area in which a hospital is located; except that in the case of
12		a hospital located in a county adjacent to Wisconsin which
13		currently contracts with an organ procurement agency located in
14		Wisconsin that is not the organ procurement agency designated
15		by the U.S. Secretary of Health and Human Services for the
16		service area in which the hospital is located, if the hospital
17		applies for a waiver pursuant to 42 USC 1320b-8(a), it may
18		designate an organ procurement agency located in Wisconsin to
19		be thereafter deemed its federally designated organ
20		procurement agency for the purposes of this Act.
21		(G) "Tissue bank" means any facility or program operating
22		in Illinois that is certified by the American Association of
23		Tissue Banks or the Eye Bank Association of America and is
24		involved in procuring, furnishing, donating, or distributing
25		corneas, bones, or other human tissue for the purpose of
26		injecting, transfusing, or transplanting any of them into the

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1		human body. "Tissue bank" does not include a licensed blood
2		bank. For the purposes of this Act, "tissue" does not include
3		organs.
4		(H) "Campus", as this terms applies to operations, has the
5		same meaning as the term "campus" as set forth in federal
6		Medicare regulations, 42 CFR 413.65.
7		(Source: P.A. 98-104, eff. 7-22-13; 99-180, eff. 7-29-15.)
8		Section 61. The Illinois Insurance Code is amended by
9		changing Section 367d.1 as follows:
10		(215 ILCS 5/367d.1) (from Ch. 73, par. 979d.1)
11		Sec. 367d.1. After the effective date of this amendatory
12		Act of 1992, no group policy of accident and health insurance
13		that provides coverage for the treatment of alcoholism or other
14		drug abuse or dependency on both an inpatient and outpatient
15		basis may be issued, delivered or amended in this State if it
16		excludes from coverage services provided by persons or entities
17		licensed by the Department of Human Services to provide
18		substance use disorder treatment alcoholism or drug abuse or
19		dependency services, provided however that (a) the charges are
20		otherwise eligible for reimbursement under the policy and (b)
21		the services provided are medically necessary and within the
22		scope of the licensure of the provider. This Section shall not
23		apply to arrangements, agreements or policies authorized under
24		the Health Care Reimbursement Reform Act of 1985; the Limited

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1		Health Service Organization Act; or the Health Maintenance
2		Organization Act.
3		(Source: P.A. 89-507, eff. 7-1-97.)
4		Section 65. The Child Care Act of 1969 is amended by
5		changing Sections 3 and 8 as follows:
6		(225 ILCS 10/3) (from Ch. 23, par. 2213)
7		Sec. 3. (a) No person, group of persons or corporation may
8		operate or conduct any facility for child care, as defined in
9		this Act, without a license or permit issued by the Department
10		or without being approved by the Department as meeting the
11		standards established for such licensing, with the exception of
12		facilities for whom standards are established by the Department
13		of Corrections under Section 3-15-2 of the Unified Code of
14		Corrections and with the exception of facilities defined in
15		Section 2.10 of this Act, and with the exception of programs or
16		facilities licensed by the Department of Human Services under
17		the Substance Use Disorder Act. Alcoholism and Other Drug Abuse
18		and Dependency Act.
19		(b) No part day child care facility as described in Section
20		2.10 may operate without written notification to the Department
21		or without complying with Section 7.1. Notification shall
22		include a notarized statement by the facility that the facility
23		complies with state or local health standards and state fire
24		safety standards, and shall be filed with the department every

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1		2 years.
2		(c) The Director of the Department shall establish policies
3		and coordinate activities relating to child care licensing,
4		licensing of day care homes and day care centers.
5		(d) Any facility or agency which is exempt from licensing
6		may apply for licensing if licensing is required for some
7		government benefit.
8		(e) A provider of day care described in items (a) through
9		(j) of Section 2.09 of this Act is exempt from licensure. The
10		Department shall provide written verification of exemption and
11		description of compliance with standards for the health,
12		safety, and development of the children who receive the
13		services upon submission by the provider of, in addition to any
14		other documentation required by the Department, a notarized
15		statement that the facility complies with: (1) the standards of
16		the Department of Public Health or local health department, (2)
17		the fire safety standards of the State Fire Marshal, and (3) if
18		operated in a public school building, the health and safety
19		standards of the State Board of Education.
20		(Source: P.A. 99-699, eff. 7-29-16.)
21		(225 ILCS 10/8) (from Ch. 23, par. 2218)
22		Sec. 8. The Department may revoke or refuse to renew the
23		license of any child care facility or child welfare agency or
24		refuse to issue full license to the holder of a permit should
25		the licensee or holder of a permit:

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1		(1) fail to maintain standards prescribed and
2		published by the Department;
3		(2) violate any of the provisions of the license
4		issued;
5		(3) furnish or make any misleading or any false
6		statement or report to the Department;
7		(4) refuse to submit to the Department any reports or
8		refuse to make available to the Department any records
9		required by the Department in making investigation of the
10		facility for licensing purposes;
11		(5) fail or refuse to submit to an investigation by the
12		Department;
13		(6) fail or refuse to admit authorized representatives
14		of the Department at any reasonable time for the purpose of
15		investigation;
16		(7) fail to provide, maintain, equip and keep in safe
17		and sanitary condition premises established or used for
18		child care as required under standards prescribed by the
19		Department, or as otherwise required by any law, regulation
20		or ordinance applicable to the location of such facility;
21		(8) refuse to display its license or permit;
22		(9) be the subject of an indicated report under Section
23		3 of the Abused and Neglected Child Reporting Act or fail
24		to discharge or sever affiliation with the child care
25		facility of an employee or volunteer at the facility with
26		direct contact with children who is the subject of an

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1		indicated report under Section 3 of that Act;
2		(10) fail to comply with the provisions of Section 7.1;
3		(11) fail to exercise reasonable care in the hiring,
4		training and supervision of facility personnel;
5		(12) fail to report suspected abuse or neglect of
6		children within the facility, as required by the Abused and
7		Neglected Child Reporting Act;
8		(12.5) fail to comply with subsection (c-5) of Section
9		7.4;
10		(13) fail to comply with Section 5.1 or 5.2 of this
11		Act; or
12		(14) be identified in an investigation by the
13		Department as a person with a substance use disorder, an
14		addict or alcoholic, as defined in the Substance Use
15		Disorder Act, Alcoholism and Other Drug Abuse and
16		Dependency Act, or be a person whom the Department knows
17		has abused alcohol or drugs, and has not successfully
18		participated in treatment, self-help groups or other
19		suitable activities, and the Department determines that
20		because of such abuse the licensee, holder of the permit,
21		or any other person directly responsible for the care and
22		welfare of the children served, does not comply with
23		standards relating to character, suitability or other
24		qualifications established under Section 7 of this Act.
25		(Source: P.A. 94-586, eff. 8-15-05; 94-1010, eff. 10-1-06.)

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1		Section 70. The Pharmacy Practice Act is amended by
2		changing Section 19.1 as follows:
3		(225 ILCS 85/19.1)
4		(Section scheduled to be repealed on January 1, 2020)
5		Sec. 19.1. Dispensing opioid antagonists.
6		(a) Due to the recent rise in opioid-related deaths in
7		Illinois and the existence of an opioid antagonist that can
8		reverse the deadly effects of overdose, the General Assembly
9		finds that in order to avoid further loss where possible, it is
10		responsible to allow greater access of such an antagonist to
11		those populations at risk of overdose.
12		(b) Notwithstanding any general or special law to the
13		contrary, a licensed pharmacist may dispense an opioid
14		antagonist in accordance with written, standardized procedures
15		or protocols developed by the Department with the Department of
16		Public Health and the Department of Human Services if the
17		procedures or protocols are filed at the pharmacy before
18		implementation and are available to the Department upon
19		request.
20		(c) Before dispensing an opioid antagonist pursuant to this
21		Section, a pharmacist shall complete a training program
22		approved by the Department of Human Services pursuant to
23		Section 5-23 of the Substance Use Disorder Act Alcoholism and
24		Other Drug Abuse and Dependency Act. The training program shall
25		include, but not be limited to, proper documentation and

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1		quality assurance.
2		(d) For the purpose of this Section, "opioid antagonist"
3		means a drug that binds to opioid receptors and blocks or
4		inhibits the effect of opioids acting on those receptors,
5		including, but not limited to, naloxone hydrochloride or any
6		other similarly acting and equally safe drug approved by the
7		U.S. Food and Drug Administration for the treatment of drug
8		overdose.
9		(Source: P.A. 99-480, eff. 9-9-15; 99-642, eff. 7-28-16.)
10		Section 75. The Illinois Public Aid Code is amended by
11		changing Sections 4-8, 4-9, 5-5, 6-1.3, 6-11, 9-9, and 9A-8 as
12		follows:
13		(305 ILCS 5/4-8) (from Ch. 23, par. 4-8)
14		Sec. 4-8. Mismanagement of assistance grant.
15		(a) If the County Department has reason to believe that the
16		money payment for basic maintenance is not being used, or may
17		not be used, in the best interests of the child and the family
18		and that there is present or potential damage to the standards
19		of health and well-being that the grant is intended to assure,
20		the County Department shall provide the parent or other
21		relative with the counseling and guidance services with respect
22		to the use of the grant and the management of other funds
23		available to the family as may be required to assure use of the
24		grant in the best interests of the child and family. The

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1		Illinois Department shall by rule prescribe criteria which
2		shall constitute evidence of grant mismanagement. The criteria
3		shall include but not be limited to the following:
4		(1) A determination that a child in the assistance unit
5		is not receiving proper and necessary support or other care
6		for which assistance is being provided under this Code.
7		(2) A record establishing that the parent or relative
8		has been found guilty of public assistance fraud under
9		Article VIIIA.
10		(3) A determination by an appropriate person, entity,
11		or agency that the parent or other relative requires
12		treatment for substance use disorders alcohol or substance
13		abuse, mental health services, or other special care or
14		treatment.
15		The Department shall at least consider non-payment of rent
16		for two consecutive months as evidence of grant mismanagement
17		by a parent or relative of a recipient who is responsible for
18		making rental payments for the housing or shelter of the child
19		or family, unless the Department determines that the
20		non-payment is necessary for the protection of the health and
21		well-being of the recipient. The County Department shall advise
22		the parent or other relative grantee that continued
23		mismanagement will result in the application of one of the
24		sanctions specified in this Section.
25		The Illinois Department shall consider irregular school
26		attendance by children of school age grades 1 through 8, as

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1		evidence of lack of proper and necessary support or care. The
2		Department may extend this consideration to children in grades
3		higher than 8.
4		The Illinois Department shall develop preventive programs
5		in collaboration with school and social service networks to
6		encourage school attendance of children receiving assistance
7		under Article IV. To the extent that Illinois Department and
8		community resources are available, the programs shall serve
9		families whose children in grades 1 through 8 are not attending
10		school regularly, as defined by the school. The Department may
11		extend these programs to families whose children are in grades
12		higher than 8. The programs shall include referrals from the
13		school to a social service network, assessment and development
14		of a service plan by one or more network representatives, and
15		the Illinois Department's encouragement of the family to follow
16		through with the service plan. Families that fail to follow the
17		service plan as determined by the service provider, shall be
18		subject to the protective payment provisions of this Section
19		and Section 4-9 of this Code.
20		Families for whom a protective payment plan has been in
21		effect for at least 3 months and whose school children continue
22		to regularly miss school shall be subject to sanction under
23		Section 4-21. The sanction shall continue until the children
24		demonstrate satisfactory attendance, as defined by the school.
25		To the extent necessary to implement this Section, the Illinois
26		Department shall seek appropriate waivers of federal

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1		requirements from the U.S. Department of Health and Human
2		Services.
3		(b) In areas of the State where clinically appropriate
4		substance use disorder substance abuse treatment capacity is
5		available, if the local office has reason to believe that a
6		caretaker relative is experiencing a substance use disorder
7		substance abuse, the local office shall refer the caretaker
8		relative to a licensed treatment provider for assessment. If
9		the assessment indicates that the caretaker relative is
10		experiencing a substance use disorder substance abuse, the
11		local office shall require the caretaker relative to comply
12		with all treatment recommended by the assessment. If the
13		caretaker relative refuses without good cause, as determined by
14		rules of the Illinois Department, to submit to the assessment
15		or treatment, the caretaker relative shall be ineligible for
16		assistance, and the local office shall take one or more of the
17		following actions:
18		(i) If there is another family member or friend who is
19		ensuring that the family's needs are being met, that
20		person, if willing, shall be assigned as protective payee.
21		(ii) If there is no family member or close friend to
22		serve as protective payee, the local office shall provide
23		for a protective payment to a substitute payee as provided
24		in Section 4-9. The Department also shall determine whether
25		a referral to the Department of Children and Family
26		Services is warranted and, if appropriate, shall make the

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1		referral.
2		(iii) The Department shall contact the individual who
3		is thought to be experiencing a substance use disorder
4		substance abuse and explain why the protective payee has
5		been assigned and refer the individual to treatment.
6		(c) This subsection (c) applies to cases other than those
7		described in subsection (b). If the efforts to correct the
8		mismanagement of the grant have failed, the County Department,
9		in accordance with the rules and regulations of the Illinois
10		Department, shall initiate one or more of the following
11		actions:
12		1. Provide for a protective payment to a substitute
13		payee, as provided in Section 4-9. This action may be
14		initiated for any assistance unit containing a child
15		determined to be neglected by the Department of Children
16		and Family Services under the Abused and Neglected Child
17		Reporting Act, and in any case involving a record of public
18		assistance fraud.
19		2. Provide for issuance of all or part of the grant in
20		the form of disbursing orders. This action may be initiated
21		in any case involving a record of public assistance fraud,
22		or upon the request of a substitute payee designated under
23		Section 4-9.
24		3. File a petition under the Juvenile Court Act of 1987
25		for an Order of Protection under Section 2-25, 2-26, 3-26,
26		3-27, 4-23, 4-24, 5-730, or 5-735 of that Act.

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1		4. Institute a proceeding under the Juvenile Court Act
2		of 1987 for the appointment of a guardian or legal
3		representative for the purpose of receiving and managing
4		the public aid grant.
5		5. If the mismanagement of the grant, together with
6		other factors, has rendered the home unsuitable for the
7		best welfare of the child, file a neglect petition under
8		the Juvenile Court Act of 1987, requesting the removal of
9		the child or children.
10		(Source: P.A. 91-357, eff. 7-29-99; 92-111, eff. 1-1-02.)
11		(305 ILCS 5/4-9) (from Ch. 23, par. 4-9)
12		Sec. 4-9. Protective payment to substitute payee. If the
13		parent or other grantee relative persistently mismanages the
14		grant to the detriment of the child and the family but there is
15		reason to believe that, with specialized counseling and
16		guidance services, the parent or relative may develop ability
17		to manage the funds properly, the County Department, in
18		accordance with the rules and regulations of the Illinois
19		Department, may designate a person who is interested in or
20		concerned with the welfare of the child and its family to
21		receive the aid payment on behalf of the family. The County
22		Department may designate private welfare or social service
23		agencies to serve as substitute payees in appropriate cases.
24		The substitute payee shall serve without compensation and
25		assume the obligation of seeing that the aid payment is

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1		expended for the benefit of the child and the family. He may
2		spend the grant for the family, or supervise the parent or
3		other relative in the use of the grant, depending upon the
4		circumstances in each case, and shall make monthly reports to
5		the County Department as the County Department and the Illinois
6		Department may require.
7		The County Department shall terminate the protective
8		payment when it is no longer necessary to assure that the grant
9		is being used for the welfare of the child and family, or when
10		the parent or other relative is no longer receiving and no
11		longer requires treatment for substance use disorders alcohol
12		or substance abuse, mental health services, or other special
13		care or treatment.
14		A substitute payee may be removed, in accordance with the
15		rules and regulations of the Illinois Department, for
16		unsatisfactory service. The removal may be effected without
17		hearing. The decision shall not be appealable to the Illinois
18		Department nor shall it be reviewable in the courts.
19		The County Department shall conduct periodic reviews as may
20		be required by the Illinois Department to determine whether
21		there is a continuing need for a protective payment. If it
22		appears that the need for the payment is likely to continue
23		beyond a reasonable period, the County Department shall take
24		one of the other actions set out in Section 4-8.
25		The parent or other relative shall be advised, in advance
26		of a determination to make a protective payment, that he may

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1		appeal the decision to the Illinois Department under the
2		provisions of Section 11-8 of Article XI.
3		(Source: P.A. 87-528; 87-895.)
4		(305 ILCS 5/5-5) (from Ch. 23, par. 5-5)
5		Sec. 5-5. Medical services. The Illinois Department, by
6		rule, shall determine the quantity and quality of and the rate
7		of reimbursement for the medical assistance for which payment
8		will be authorized, and the medical services to be provided,
9		which may include all or part of the following: (1) inpatient
10		hospital services; (2) outpatient hospital services; (3) other
11		laboratory and X-ray services; (4) skilled nursing home
12		services; (5) physicians' services whether furnished in the
13		office, the patient's home, a hospital, a skilled nursing home,
14		or elsewhere; (6) medical care, or any other type of remedial
15		care furnished by licensed practitioners; (7) home health care
16		services; (8) private duty nursing service; (9) clinic
17		services; (10) dental services, including prevention and
18		treatment of periodontal disease and dental caries disease for
19		pregnant women, provided by an individual licensed to practice
20		dentistry or dental surgery; for purposes of this item (10),
21		"dental services" means diagnostic, preventive, or corrective
22		procedures provided by or under the supervision of a dentist in
23		the practice of his or her profession; (11) physical therapy
24		and related services; (12) prescribed drugs, dentures, and
25		prosthetic devices; and eyeglasses prescribed by a physician

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1		skilled in the diseases of the eye, or by an optometrist,
2		whichever the person may select; (13) other diagnostic,
3		screening, preventive, and rehabilitative services, including
4		to ensure that the individual's need for intervention or
5		treatment of mental disorders or substance use disorders or
6		co-occurring mental health and substance use disorders is
7		determined using a uniform screening, assessment, and
8		evaluation process inclusive of criteria, for children and
9		adults; for purposes of this item (13), a uniform screening,
10		assessment, and evaluation process refers to a process that
11		includes an appropriate evaluation and, as warranted, a
12		referral; "uniform" does not mean the use of a singular
13		instrument, tool, or process that all must utilize; (14)
14		transportation and such other expenses as may be necessary;
15		(15) medical treatment of sexual assault survivors, as defined
16		in Section 1a of the Sexual Assault Survivors Emergency
17		Treatment Act, for injuries sustained as a result of the sexual
18		assault, including examinations and laboratory tests to
19		discover evidence which may be used in criminal proceedings
20		arising from the sexual assault; (16) the diagnosis and
21		treatment of sickle cell anemia; and (17) any other medical
22		care, and any other type of remedial care recognized under the
23		laws of this State. The term "any other type of remedial care"
24		shall include nursing care and nursing home service for persons
25		who rely on treatment by spiritual means alone through prayer
26		for healing.

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1		Notwithstanding any other provision of this Section, a
2		comprehensive tobacco use cessation program that includes
3		purchasing prescription drugs or prescription medical devices
4		approved by the Food and Drug Administration shall be covered
5		under the medical assistance program under this Article for
6		persons who are otherwise eligible for assistance under this
7		Article.
8		Notwithstanding any other provision of this Code,
9		reproductive health care that is otherwise legal in Illinois
10		shall be covered under the medical assistance program for
11		persons who are otherwise eligible for medical assistance under
12		this Article.
13		Notwithstanding any other provision of this Code, the
14		Illinois Department may not require, as a condition of payment
15		for any laboratory test authorized under this Article, that a
16		physician's handwritten signature appear on the laboratory
17		test order form. The Illinois Department may, however, impose
18		other appropriate requirements regarding laboratory test order
19		documentation.
20		Upon receipt of federal approval of an amendment to the
21		Illinois Title XIX State Plan for this purpose, the Department
22		shall authorize the Chicago Public Schools (CPS) to procure a
23		vendor or vendors to manufacture eyeglasses for individuals
24		enrolled in a school within the CPS system. CPS shall ensure
25		that its vendor or vendors are enrolled as providers in the
26		medical assistance program and in any capitated Medicaid

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1		managed care entity (MCE) serving individuals enrolled in a
2		school within the CPS system. Under any contract procured under
3		this provision, the vendor or vendors must serve only
4		individuals enrolled in a school within the CPS system. Claims
5		for services provided by CPS's vendor or vendors to recipients
6		of benefits in the medical assistance program under this Code,
7		the Children's Health Insurance Program, or the Covering ALL
8		KIDS Health Insurance Program shall be submitted to the
9		Department or the MCE in which the individual is enrolled for
10		payment and shall be reimbursed at the Department's or the
11		MCE's established rates or rate methodologies for eyeglasses.
12		On and after July 1, 2012, the Department of Healthcare and
13		Family Services may provide the following services to persons
14		eligible for assistance under this Article who are
15		participating in education, training or employment programs
16		operated by the Department of Human Services as successor to
17		the Department of Public Aid:
18		(1) dental services provided by or under the
19		supervision of a dentist; and
20		(2) eyeglasses prescribed by a physician skilled in the
21		diseases of the eye, or by an optometrist, whichever the
22		person may select.
23		Notwithstanding any other provision of this Code and
24		subject to federal approval, the Department may adopt rules to
25		allow a dentist who is volunteering his or her service at no
26		cost to render dental services through an enrolled

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1		not-for-profit health clinic without the dentist personally
2		enrolling as a participating provider in the medical assistance
3		program. A not-for-profit health clinic shall include a public
4		health clinic or Federally Qualified Health Center or other
5		enrolled provider, as determined by the Department, through
6		which dental services covered under this Section are performed.
7		The Department shall establish a process for payment of claims
8		for reimbursement for covered dental services rendered under
9		this provision.
10		The Illinois Department, by rule, may distinguish and
11		classify the medical services to be provided only in accordance
12		with the classes of persons designated in Section 5-2.
13		The Department of Healthcare and Family Services must
14		provide coverage and reimbursement for amino acid-based
15		elemental formulas, regardless of delivery method, for the
16		diagnosis and treatment of (i) eosinophilic disorders and (ii)
17		short bowel syndrome when the prescribing physician has issued
18		a written order stating that the amino acid-based elemental
19		formula is medically necessary.
20		The Illinois Department shall authorize the provision of,
21		and shall authorize payment for, screening by low-dose
22		mammography for the presence of occult breast cancer for women
23		35 years of age or older who are eligible for medical
24		assistance under this Article, as follows:
25		(A) A baseline mammogram for women 35 to 39 years of
26		age.

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1		(B) An annual mammogram for women 40 years of age or
2		older.
3		(C) A mammogram at the age and intervals considered
4		medically necessary by the woman's health care provider for
5		women under 40 years of age and having a family history of
6		breast cancer, prior personal history of breast cancer,
7		positive genetic testing, or other risk factors.
8		(D) A comprehensive ultrasound screening and MRI of an
9		entire breast or breasts if a mammogram demonstrates
10		heterogeneous or dense breast tissue, when medically
11		necessary as determined by a physician licensed to practice
12		medicine in all of its branches.
13		(E) A screening MRI when medically necessary, as
14		determined by a physician licensed to practice medicine in
15		all of its branches.
16		All screenings shall include a physical breast exam,
17		instruction on self-examination and information regarding the
18		frequency of self-examination and its value as a preventative
19		tool. For purposes of this Section, "low-dose mammography"
20		means the x-ray examination of the breast using equipment
21		dedicated specifically for mammography, including the x-ray
22		tube, filter, compression device, and image receptor, with an
23		average radiation exposure delivery of less than one rad per
24		breast for 2 views of an average size breast. The term also
25		includes digital mammography and includes breast
26		tomosynthesis. As used in this Section, the term "breast

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1		tomosynthesis" means a radiologic procedure that involves the
2		acquisition of projection images over the stationary breast to
3		produce cross-sectional digital three-dimensional images of
4		the breast. If, at any time, the Secretary of the United States
5		Department of Health and Human Services, or its successor
6		agency, promulgates rules or regulations to be published in the
7		Federal Register or publishes a comment in the Federal Register
8		or issues an opinion, guidance, or other action that would
9		require the State, pursuant to any provision of the Patient
10		Protection and Affordable Care Act (Public Law 111-148),
11		including, but not limited to, 42 U.S.C. 18031(d)(3)(B) or any
12		successor provision, to defray the cost of any coverage for
13		breast tomosynthesis outlined in this paragraph, then the
14		requirement that an insurer cover breast tomosynthesis is
15		inoperative other than any such coverage authorized under
16		Section 1902 of the Social Security Act, 42 U.S.C. 1396a, and
17		the State shall not assume any obligation for the cost of
18		coverage for breast tomosynthesis set forth in this paragraph.
19		On and after January 1, 2016, the Department shall ensure
20		that all networks of care for adult clients of the Department
21		include access to at least one breast imaging Center of Imaging
22		Excellence as certified by the American College of Radiology.
23		On and after January 1, 2012, providers participating in a
24		quality improvement program approved by the Department shall be
25		reimbursed for screening and diagnostic mammography at the same
26		rate as the Medicare program's rates, including the increased

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1		reimbursement for digital mammography.
2		The Department shall convene an expert panel including
3		representatives of hospitals, free-standing mammography
4		facilities, and doctors, including radiologists, to establish
5		quality standards for mammography.
6		On and after January 1, 2017, providers participating in a
7		breast cancer treatment quality improvement program approved
8		by the Department shall be reimbursed for breast cancer
9		treatment at a rate that is no lower than 95% of the Medicare
10		program's rates for the data elements included in the breast
11		cancer treatment quality program.
12		The Department shall convene an expert panel, including
13		representatives of hospitals, free standing breast cancer
14		treatment centers, breast cancer quality organizations, and
15		doctors, including breast surgeons, reconstructive breast
16		surgeons, oncologists, and primary care providers to establish
17		quality standards for breast cancer treatment.
18		Subject to federal approval, the Department shall
19		establish a rate methodology for mammography at federally
20		qualified health centers and other encounter-rate clinics.
21		These clinics or centers may also collaborate with other
22		hospital-based mammography facilities. By January 1, 2016, the
23		Department shall report to the General Assembly on the status
24		of the provision set forth in this paragraph.
25		The Department shall establish a methodology to remind
26		women who are age-appropriate for screening mammography, but

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1		who have not received a mammogram within the previous 18
2		months, of the importance and benefit of screening mammography.
3		The Department shall work with experts in breast cancer
4		outreach and patient navigation to optimize these reminders and
5		shall establish a methodology for evaluating their
6		effectiveness and modifying the methodology based on the
7		evaluation.
8		The Department shall establish a performance goal for
9		primary care providers with respect to their female patients
10		over age 40 receiving an annual mammogram. This performance
11		goal shall be used to provide additional reimbursement in the
12		form of a quality performance bonus to primary care providers
13		who meet that goal.
14		The Department shall devise a means of case-managing or
15		patient navigation for beneficiaries diagnosed with breast
16		cancer. This program shall initially operate as a pilot program
17		in areas of the State with the highest incidence of mortality
18		related to breast cancer. At least one pilot program site shall
19		be in the metropolitan Chicago area and at least one site shall
20		be outside the metropolitan Chicago area. On or after July 1,
21		2016, the pilot program shall be expanded to include one site
22		in western Illinois, one site in southern Illinois, one site in
23		central Illinois, and 4 sites within metropolitan Chicago. An
24		evaluation of the pilot program shall be carried out measuring
25		health outcomes and cost of care for those served by the pilot
26		program compared to similarly situated patients who are not

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1		served by the pilot program.
2		The Department shall require all networks of care to
3		develop a means either internally or by contract with experts
4		in navigation and community outreach to navigate cancer
5		patients to comprehensive care in a timely fashion. The
6		Department shall require all networks of care to include access
7		for patients diagnosed with cancer to at least one academic
8		commission on cancer-accredited cancer program as an
9		in-network covered benefit.
10		Any medical or health care provider shall immediately
11		recommend, to any pregnant woman who is being provided prenatal
12		services and is suspected of having a substance use disorder as
13		defined in the Substance Use Disorder Act drug abuse or is
14		addicted as defined in the Alcoholism and Other Drug Abuse and
15		Dependency Act, referral to a local substance use disorder
16		treatment program substance abuse treatment provider licensed
17		by the Department of Human Services or to a licensed hospital
18		which provides substance abuse treatment services. The
19		Department of Healthcare and Family Services shall assure
20		coverage for the cost of treatment of the drug abuse or
21		addiction for pregnant recipients in accordance with the
22		Illinois Medicaid Program in conjunction with the Department of
23		Human Services.
24		All medical providers providing medical assistance to
25		pregnant women under this Code shall receive information from
26		the Department on the availability of services under the Drug

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1		Free Families with a Future or any comparable program providing
2		case management services for addicted women, including
3		information on appropriate referrals for other social services
4		that may be needed by addicted women in addition to treatment
5		for addiction.
6		The Illinois Department, in cooperation with the
7		Departments of Human Services (as successor to the Department
8		of Alcoholism and Substance Abuse) and Public Health, through a
9		public awareness campaign, may provide information concerning
10		treatment for alcoholism and drug abuse and addiction, prenatal
11		health care, and other pertinent programs directed at reducing
12		the number of drug-affected infants born to recipients of
13		medical assistance.
14		Neither the Department of Healthcare and Family Services
15		nor the Department of Human Services shall sanction the
16		recipient solely on the basis of her substance abuse.
17		The Illinois Department shall establish such regulations
18		governing the dispensing of health services under this Article
19		as it shall deem appropriate. The Department should seek the
20		advice of formal professional advisory committees appointed by
21		the Director of the Illinois Department for the purpose of
22		providing regular advice on policy and administrative matters,
23		information dissemination and educational activities for
24		medical and health care providers, and consistency in
25		procedures to the Illinois Department.
26		The Illinois Department may develop and contract with

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1		Partnerships of medical providers to arrange medical services
2		for persons eligible under Section 5-2 of this Code.
3		Implementation of this Section may be by demonstration projects
4		in certain geographic areas. The Partnership shall be
5		represented by a sponsor organization. The Department, by rule,
6		shall develop qualifications for sponsors of Partnerships.
7		Nothing in this Section shall be construed to require that the
8		sponsor organization be a medical organization.
9		The sponsor must negotiate formal written contracts with
10		medical providers for physician services, inpatient and
11		outpatient hospital care, home health services, treatment for
12		alcoholism and substance abuse, and other services determined
13		necessary by the Illinois Department by rule for delivery by
14		Partnerships. Physician services must include prenatal and
15		obstetrical care. The Illinois Department shall reimburse
16		medical services delivered by Partnership providers to clients
17		in target areas according to provisions of this Article and the
18		Illinois Health Finance Reform Act, except that:
19		(1) Physicians participating in a Partnership and
20		providing certain services, which shall be determined by
21		the Illinois Department, to persons in areas covered by the
22		Partnership may receive an additional surcharge for such
23		services.
24		(2) The Department may elect to consider and negotiate
25		financial incentives to encourage the development of
26		Partnerships and the efficient delivery of medical care.

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1		(3) Persons receiving medical services through
2		Partnerships may receive medical and case management
3		services above the level usually offered through the
4		medical assistance program.
5		Medical providers shall be required to meet certain
6		qualifications to participate in Partnerships to ensure the
7		delivery of high quality medical services. These
8		qualifications shall be determined by rule of the Illinois
9		Department and may be higher than qualifications for
10		participation in the medical assistance program. Partnership
11		sponsors may prescribe reasonable additional qualifications
12		for participation by medical providers, only with the prior
13		written approval of the Illinois Department.
14		Nothing in this Section shall limit the free choice of
15		practitioners, hospitals, and other providers of medical
16		services by clients. In order to ensure patient freedom of
17		choice, the Illinois Department shall immediately promulgate
18		all rules and take all other necessary actions so that provided
19		services may be accessed from therapeutically certified
20		optometrists to the full extent of the Illinois Optometric
21		Practice Act of 1987 without discriminating between service
22		providers.
23		The Department shall apply for a waiver from the United
24		States Health Care Financing Administration to allow for the
25		implementation of Partnerships under this Section.
26		The Illinois Department shall require health care

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1		providers to maintain records that document the medical care
2		and services provided to recipients of Medical Assistance under
3		this Article. Such records must be retained for a period of not
4		less than 6 years from the date of service or as provided by
5		applicable State law, whichever period is longer, except that
6		if an audit is initiated within the required retention period
7		then the records must be retained until the audit is completed
8		and every exception is resolved. The Illinois Department shall
9		require health care providers to make available, when
10		authorized by the patient, in writing, the medical records in a
11		timely fashion to other health care providers who are treating
12		or serving persons eligible for Medical Assistance under this
13		Article. All dispensers of medical services shall be required
14		to maintain and retain business and professional records
15		sufficient to fully and accurately document the nature, scope,
16		details and receipt of the health care provided to persons
17		eligible for medical assistance under this Code, in accordance
18		with regulations promulgated by the Illinois Department. The
19		rules and regulations shall require that proof of the receipt
20		of prescription drugs, dentures, prosthetic devices and
21		eyeglasses by eligible persons under this Section accompany
22		each claim for reimbursement submitted by the dispenser of such
23		medical services. No such claims for reimbursement shall be
24		approved for payment by the Illinois Department without such
25		proof of receipt, unless the Illinois Department shall have put
26		into effect and shall be operating a system of post-payment

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1		audit and review which shall, on a sampling basis, be deemed
2		adequate by the Illinois Department to assure that such drugs,
3		dentures, prosthetic devices and eyeglasses for which payment
4		is being made are actually being received by eligible
5		recipients. Within 90 days after September 16, 1984 (the
6		effective date of Public Act 83-1439), the Illinois Department
7		shall establish a current list of acquisition costs for all
8		prosthetic devices and any other items recognized as medical
9		equipment and supplies reimbursable under this Article and
10		shall update such list on a quarterly basis, except that the
11		acquisition costs of all prescription drugs shall be updated no
12		less frequently than every 30 days as required by Section
13		5-5.12.
14		Notwithstanding any other law to the contrary, the Illinois
15		Department shall, within 365 days after July 22, 2013 (the
16		effective date of Public Act 98-104), establish procedures to
17		permit skilled care facilities licensed under the Nursing Home
18		Care Act to submit monthly billing claims for reimbursement
19		purposes. Following development of these procedures, the
20		Department shall, by July 1, 2016, test the viability of the
21		new system and implement any necessary operational or
22		structural changes to its information technology platforms in
23		order to allow for the direct acceptance and payment of nursing
24		home claims.
25		Notwithstanding any other law to the contrary, the Illinois
26		Department shall, within 365 days after August 15, 2014 (the

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1		effective date of Public Act 98-963), establish procedures to
2		permit ID/DD facilities licensed under the ID/DD Community Care
3		Act and MC/DD facilities licensed under the MC/DD Act to submit
4		monthly billing claims for reimbursement purposes. Following
5		development of these procedures, the Department shall have an
6		additional 365 days to test the viability of the new system and
7		to ensure that any necessary operational or structural changes
8		to its information technology platforms are implemented.
9		The Illinois Department shall require all dispensers of
10		medical services, other than an individual practitioner or
11		group of practitioners, desiring to participate in the Medical
12		Assistance program established under this Article to disclose
13		all financial, beneficial, ownership, equity, surety or other
14		interests in any and all firms, corporations, partnerships,
15		associations, business enterprises, joint ventures, agencies,
16		institutions or other legal entities providing any form of
17		health care services in this State under this Article.
18		The Illinois Department may require that all dispensers of
19		medical services desiring to participate in the medical
20		assistance program established under this Article disclose,
21		under such terms and conditions as the Illinois Department may
22		by rule establish, all inquiries from clients and attorneys
23		regarding medical bills paid by the Illinois Department, which
24		inquiries could indicate potential existence of claims or liens
25		for the Illinois Department.
26		Enrollment of a vendor shall be subject to a provisional

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1		period and shall be conditional for one year. During the period
2		of conditional enrollment, the Department may terminate the
3		vendor's eligibility to participate in, or may disenroll the
4		vendor from, the medical assistance program without cause.
5		Unless otherwise specified, such termination of eligibility or
6		disenrollment is not subject to the Department's hearing
7		process. However, a disenrolled vendor may reapply without
8		penalty.
9		The Department has the discretion to limit the conditional
10		enrollment period for vendors based upon category of risk of
11		the vendor.
12		Prior to enrollment and during the conditional enrollment
13		period in the medical assistance program, all vendors shall be
14		subject to enhanced oversight, screening, and review based on
15		the risk of fraud, waste, and abuse that is posed by the
16		category of risk of the vendor. The Illinois Department shall
17		establish the procedures for oversight, screening, and review,
18		which may include, but need not be limited to: criminal and
19		financial background checks; fingerprinting; license,
20		certification, and authorization verifications; unscheduled or
21		unannounced site visits; database checks; prepayment audit
22		reviews; audits; payment caps; payment suspensions; and other
23		screening as required by federal or State law.
24		The Department shall define or specify the following: (i)
25		by provider notice, the "category of risk of the vendor" for
26		each type of vendor, which shall take into account the level of

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1		screening applicable to a particular category of vendor under
2		federal law and regulations; (ii) by rule or provider notice,
3		the maximum length of the conditional enrollment period for
4		each category of risk of the vendor; and (iii) by rule, the
5		hearing rights, if any, afforded to a vendor in each category
6		of risk of the vendor that is terminated or disenrolled during
7		the conditional enrollment period.
8		To be eligible for payment consideration, a vendor's
9		payment claim or bill, either as an initial claim or as a
10		resubmitted claim following prior rejection, must be received
11		by the Illinois Department, or its fiscal intermediary, no
12		later than 180 days after the latest date on the claim on which
13		medical goods or services were provided, with the following
14		exceptions:
15		(1) In the case of a provider whose enrollment is in
16		process by the Illinois Department, the 180-day period
17		shall not begin until the date on the written notice from
18		the Illinois Department that the provider enrollment is
19		complete.
20		(2) In the case of errors attributable to the Illinois
21		Department or any of its claims processing intermediaries
22		which result in an inability to receive, process, or
23		adjudicate a claim, the 180-day period shall not begin
24		until the provider has been notified of the error.
25		(3) In the case of a provider for whom the Illinois
26		Department initiates the monthly billing process.

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1		(4) In the case of a provider operated by a unit of
2		local government with a population exceeding 3,000,000
3		when local government funds finance federal participation
4		for claims payments.
5		For claims for services rendered during a period for which
6		a recipient received retroactive eligibility, claims must be
7		filed within 180 days after the Department determines the
8		applicant is eligible. For claims for which the Illinois
9		Department is not the primary payer, claims must be submitted
10		to the Illinois Department within 180 days after the final
11		adjudication by the primary payer.
12		In the case of long term care facilities, within 45
13		calendar days of receipt by the facility of required
14		prescreening information, new admissions with associated
15		admission documents shall be submitted through the Medical
16		Electronic Data Interchange (MEDI) or the Recipient
17		Eligibility Verification (REV) System or shall be submitted
18		directly to the Department of Human Services using required
19		admission forms. Effective September 1, 2014, admission
20		documents, including all prescreening information, must be
21		submitted through MEDI or REV. Confirmation numbers assigned to
22		an accepted transaction shall be retained by a facility to
23		verify timely submittal. Once an admission transaction has been
24		completed, all resubmitted claims following prior rejection
25		are subject to receipt no later than 180 days after the
26		admission transaction has been completed.

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1		Claims that are not submitted and received in compliance
2		with the foregoing requirements shall not be eligible for
3		payment under the medical assistance program, and the State
4		shall have no liability for payment of those claims.
5		To the extent consistent with applicable information and
6		privacy, security, and disclosure laws, State and federal
7		agencies and departments shall provide the Illinois Department
8		access to confidential and other information and data necessary
9		to perform eligibility and payment verifications and other
10		Illinois Department functions. This includes, but is not
11		limited to: information pertaining to licensure;
12		certification; earnings; immigration status; citizenship; wage
13		reporting; unearned and earned income; pension income;
14		employment; supplemental security income; social security
15		numbers; National Provider Identifier (NPI) numbers; the
16		National Practitioner Data Bank (NPDB); program and agency
17		exclusions; taxpayer identification numbers; tax delinquency;
18		corporate information; and death records.
19		The Illinois Department shall enter into agreements with
20		State agencies and departments, and is authorized to enter into
21		agreements with federal agencies and departments, under which
22		such agencies and departments shall share data necessary for
23		medical assistance program integrity functions and oversight.
24		The Illinois Department shall develop, in cooperation with
25		other State departments and agencies, and in compliance with
26		applicable federal laws and regulations, appropriate and

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1		effective methods to share such data. At a minimum, and to the
2		extent necessary to provide data sharing, the Illinois
3		Department shall enter into agreements with State agencies and
4		departments, and is authorized to enter into agreements with
5		federal agencies and departments, including but not limited to:
6		the Secretary of State; the Department of Revenue; the
7		Department of Public Health; the Department of Human Services;
8		and the Department of Financial and Professional Regulation.
9		Beginning in fiscal year 2013, the Illinois Department
10		shall set forth a request for information to identify the
11		benefits of a pre-payment, post-adjudication, and post-edit
12		claims system with the goals of streamlining claims processing
13		and provider reimbursement, reducing the number of pending or
14		rejected claims, and helping to ensure a more transparent
15		adjudication process through the utilization of: (i) provider
16		data verification and provider screening technology; and (ii)
17		clinical code editing; and (iii) pre-pay, pre- or
18		post-adjudicated predictive modeling with an integrated case
19		management system with link analysis. Such a request for
20		information shall not be considered as a request for proposal
21		or as an obligation on the part of the Illinois Department to
22		take any action or acquire any products or services.
23		The Illinois Department shall establish policies,
24		procedures, standards and criteria by rule for the acquisition,
25		repair and replacement of orthotic and prosthetic devices and
26		durable medical equipment. Such rules shall provide, but not be

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1		limited to, the following services: (1) immediate repair or
2		replacement of such devices by recipients; and (2) rental,
3		lease, purchase or lease-purchase of durable medical equipment
4		in a cost-effective manner, taking into consideration the
5		recipient's medical prognosis, the extent of the recipient's
6		needs, and the requirements and costs for maintaining such
7		equipment. Subject to prior approval, such rules shall enable a
8		recipient to temporarily acquire and use alternative or
9		substitute devices or equipment pending repairs or
10		replacements of any device or equipment previously authorized
11		for such recipient by the Department. Notwithstanding any
12		provision of Section 5-5f to the contrary, the Department may,
13		by rule, exempt certain replacement wheelchair parts from prior
14		approval and, for wheelchairs, wheelchair parts, wheelchair
15		accessories, and related seating and positioning items,
16		determine the wholesale price by methods other than actual
17		acquisition costs.
18		The Department shall require, by rule, all providers of
19		durable medical equipment to be accredited by an accreditation
20		organization approved by the federal Centers for Medicare and
21		Medicaid Services and recognized by the Department in order to
22		bill the Department for providing durable medical equipment to
23		recipients. No later than 15 months after the effective date of
24		the rule adopted pursuant to this paragraph, all providers must
25		meet the accreditation requirement.
26		The Department shall execute, relative to the nursing home

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1		prescreening project, written inter-agency agreements with the
2		Department of Human Services and the Department on Aging, to
3		effect the following: (i) intake procedures and common
4		eligibility criteria for those persons who are receiving
5		non-institutional services; and (ii) the establishment and
6		development of non-institutional services in areas of the State
7		where they are not currently available or are undeveloped; and
8		(iii) notwithstanding any other provision of law, subject to
9		federal approval, on and after July 1, 2012, an increase in the
10		determination of need (DON) scores from 29 to 37 for applicants
11		for institutional and home and community-based long term care;
12		if and only if federal approval is not granted, the Department
13		may, in conjunction with other affected agencies, implement
14		utilization controls or changes in benefit packages to
15		effectuate a similar savings amount for this population; and
16		(iv) no later than July 1, 2013, minimum level of care
17		eligibility criteria for institutional and home and
18		community-based long term care; and (v) no later than October
19		1, 2013, establish procedures to permit long term care
20		providers access to eligibility scores for individuals with an
21		admission date who are seeking or receiving services from the
22		long term care provider. In order to select the minimum level
23		of care eligibility criteria, the Governor shall establish a
24		workgroup that includes affected agency representatives and
25		stakeholders representing the institutional and home and
26		community-based long term care interests. This Section shall

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1		not restrict the Department from implementing lower level of
2		care eligibility criteria for community-based services in
3		circumstances where federal approval has been granted.
4		The Illinois Department shall develop and operate, in
5		cooperation with other State Departments and agencies and in
6		compliance with applicable federal laws and regulations,
7		appropriate and effective systems of health care evaluation and
8		programs for monitoring of utilization of health care services
9		and facilities, as it affects persons eligible for medical
10		assistance under this Code.
11		The Illinois Department shall report annually to the
12		General Assembly, no later than the second Friday in April of
13		1979 and each year thereafter, in regard to:
14		(a) actual statistics and trends in utilization of
15		medical services by public aid recipients;
16		(b) actual statistics and trends in the provision of
17		the various medical services by medical vendors;
18		(c) current rate structures and proposed changes in
19		those rate structures for the various medical vendors; and
20		(d) efforts at utilization review and control by the
21		Illinois Department.
22		The period covered by each report shall be the 3 years
23		ending on the June 30 prior to the report. The report shall
24		include suggested legislation for consideration by the General
25		Assembly. The filing of one copy of the report with the
26		Speaker, one copy with the Minority Leader and one copy with

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1		the Clerk of the House of Representatives, one copy with the
2		President, one copy with the Minority Leader and one copy with
3		the Secretary of the Senate, one copy with the Legislative
4		Research Unit, and such additional copies with the State
5		Government Report Distribution Center for the General Assembly
6		as is required under paragraph (t) of Section 7 of the State
7		Library Act shall be deemed sufficient to comply with this
8		Section.
9		Rulemaking authority to implement Public Act 95-1045, if
10		any, is conditioned on the rules being adopted in accordance
11		with all provisions of the Illinois Administrative Procedure
12		Act and all rules and procedures of the Joint Committee on
13		Administrative Rules; any purported rule not so adopted, for
14		whatever reason, is unauthorized.
15		On and after July 1, 2012, the Department shall reduce any
16		rate of reimbursement for services or other payments or alter
17		any methodologies authorized by this Code to reduce any rate of
18		reimbursement for services or other payments in accordance with
19		Section 5-5e.
20		Because kidney transplantation can be an appropriate, cost
21		effective alternative to renal dialysis when medically
22		necessary and notwithstanding the provisions of Section 1-11 of
23		this Code, beginning October 1, 2014, the Department shall
24		cover kidney transplantation for noncitizens with end-stage
25		renal disease who are not eligible for comprehensive medical
26		benefits, who meet the residency requirements of Section 5-3 of

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1		this Code, and who would otherwise meet the financial
2		requirements of the appropriate class of eligible persons under
3		Section 5-2 of this Code. To qualify for coverage of kidney
4		transplantation, such person must be receiving emergency renal
5		dialysis services covered by the Department. Providers under
6		this Section shall be prior approved and certified by the
7		Department to perform kidney transplantation and the services
8		under this Section shall be limited to services associated with
9		kidney transplantation.
10		Notwithstanding any other provision of this Code to the
11		contrary, on or after July 1, 2015, all FDA approved forms of
12		medication assisted treatment prescribed for the treatment of
13		alcohol dependence or treatment of opioid dependence shall be
14		covered under both fee for service and managed care medical
15		assistance programs for persons who are otherwise eligible for
16		medical assistance under this Article and shall not be subject
17		to any (1) utilization control, other than those established
18		under the American Society of Addiction Medicine patient
19		placement criteria, (2) prior authorization mandate, or (3)
20		lifetime restriction limit mandate.
21		On or after July 1, 2015, opioid antagonists prescribed for
22		the treatment of an opioid overdose, including the medication
23		product, administration devices, and any pharmacy fees related
24		to the dispensing and administration of the opioid antagonist,
25		shall be covered under the medical assistance program for
26		persons who are otherwise eligible for medical assistance under

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1		this Article. As used in this Section, "opioid antagonist"
2		means a drug that binds to opioid receptors and blocks or
3		inhibits the effect of opioids acting on those receptors,
4		including, but not limited to, naloxone hydrochloride or any
5		other similarly acting drug approved by the U.S. Food and Drug
6		Administration.
7		Upon federal approval, the Department shall provide
8		coverage and reimbursement for all drugs that are approved for
9		marketing by the federal Food and Drug Administration and that
10		are recommended by the federal Public Health Service or the
11		United States Centers for Disease Control and Prevention for
12		pre-exposure prophylaxis and related pre-exposure prophylaxis
13		services, including, but not limited to, HIV and sexually
14		transmitted infection screening, treatment for sexually
15		transmitted infections, medical monitoring, assorted labs, and
16		counseling to reduce the likelihood of HIV infection among
17		individuals who are not infected with HIV but who are at high
18		risk of HIV infection.
19		(Source: P.A. 99-78, eff. 7-20-15; 99-180, eff. 7-29-15;
20		99-236, eff. 8-3-15; 99-407 (see Section 20 of P.A. 99-588 for
21		the effective date of P.A. 99-407); 99-433, eff. 8-21-15;
22		99-480, eff. 9-9-15; 99-588, eff. 7-20-16; 99-642, eff.
23		7-28-16; 99-772, eff. 1-1-17; 99-895, eff. 1-1-17; 100-201,
24		eff. 8-18-17; 100-395, eff. 1-1-18; 100-449, eff. 1-1-18;
25		100-538, eff. 1-1-18; revised 10-26-17.)

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1		(305 ILCS 5/6-1.3) (from Ch. 23, par. 6-1.3)
2		Sec. 6-1.3. Utilization of aid available under other
3		provisions of Code. The person must have been determined
4		ineligible for aid under the federally funded programs to aid
5		refugees and Articles III, IV or V. Nothing in this Section
6		shall prevent the use of General Assistance funds to pay any
7		portion of the costs of care and maintenance in a residential
8		substance use disorder drug abuse treatment program licensed by
9		the Department of Human Services, or in a County Nursing Home,
10		or in a private nursing home, retirement home or other facility
11		for the care of the elderly, of a person otherwise eligible to
12		receive General Assistance except for the provisions of this
13		paragraph.
14		A person otherwise eligible for aid under the federally
15		funded programs to aid refugees or Articles III, IV or V who
16		fails or refuses to comply with provisions of this Code or
17		other laws, or rules and regulations of the Illinois
18		Department, which would qualify him for aid under those
19		programs or Articles, shall not receive General Assistance
20		under this Article nor shall any of his dependents whose
21		eligibility is contingent upon such compliance receive General
22		Assistance.
23		Persons and families who are ineligible for aid under
24		Article IV due to having received benefits under Article IV for
25		any maximum time limits set under the Illinois Temporary
26		Assistance for to Needy Families (TANF) Plan shall not be

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1		eligible for General Assistance under this Article unless the
2		Illinois Department or the local governmental unit, by rule,
3		specifies that those persons or families may be eligible.
4		(Source: P.A. 89-507, eff. 7-1-97; 90-17, eff. 7-1-97; revised
5		10-4-17.)
6		(305 ILCS 5/6-11) (from Ch. 23, par. 6-11)
7		Sec. 6-11. General Assistance.
8		(a) Effective July 1, 1992, all State funded General
9		Assistance and related medical benefits shall be governed by
10		this Section, provided that, notwithstanding any other
11		provisions of this Code to the contrary, on and after July 1,
12		2012, the State shall not fund the programs outlined in this
13		Section. Other parts of this Code or other laws related to
14		General Assistance shall remain in effect to the extent they do
15		not conflict with the provisions of this Section. If any other
16		part of this Code or other laws of this State conflict with the
17		provisions of this Section, the provisions of this Section
18		shall control.
19		(b) General Assistance may consist of 2 separate programs.
20		One program shall be for adults with no children and shall be
21		known as Transitional Assistance. The other program may be for
22		families with children and for pregnant women and shall be
23		known as Family and Children Assistance.
24		(c) (1) To be eligible for Transitional Assistance on or
25		after July 1, 1992, an individual must be ineligible for

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1		assistance under any other Article of this Code, must be
2		determined chronically needy, and must be one of the following:
3		(A) age 18 or over or
4		(B) married and living with a spouse, regardless of
5		age.
6		(2) The local governmental unit shall determine whether
7		individuals are chronically needy as follows:
8		(A) Individuals who have applied for Supplemental
9		Security Income (SSI) and are awaiting a decision on
10		eligibility for SSI who are determined to be a person with
11		a disability by the Illinois Department using the SSI
12		standard shall be considered chronically needy, except
13		that individuals whose disability is based solely on
14		substance use disorders addictions (drug abuse and
15		alcoholism) and whose disability would cease were their
16		addictions to end shall be eligible only for medical
17		assistance and shall not be eligible for cash assistance
18		under the Transitional Assistance program.
19		(B) (Blank).
20		(C) The unit of local government may specify other
21		categories of individuals as chronically needy; nothing in
22		this Section, however, shall be deemed to require the
23		inclusion of any specific category other than as specified
24		in paragraph (A).
25		(3) For individuals in Transitional Assistance, medical
26		assistance may be provided by the unit of local government in

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1		an amount and nature determined by the unit of local
2		government. Nothing in this paragraph (3) shall be construed to
3		require the coverage of any particular medical service. In
4		addition, the amount and nature of medical assistance provided
5		may be different for different categories of individuals
6		determined chronically needy.
7		(4) (Blank).
8		(5) (Blank).
9		(d) (1) To be eligible for Family and Children Assistance,
10		a family unit must be ineligible for assistance under any other
11		Article of this Code and must contain a child who is:
12		(A) under age 18 or
13		(B) age 18 and a full-time student in a secondary
14		school or the equivalent level of vocational or technical
15		training, and who may reasonably be expected to complete
16		the program before reaching age 19.
17		Those children shall be eligible for Family and Children
18		Assistance.
19		(2) The natural or adoptive parents of the child living in
20		the same household may be eligible for Family and Children
21		Assistance.
22		(3) A pregnant woman whose pregnancy has been verified
23		shall be eligible for income maintenance assistance under the
24		Family and Children Assistance program.
25		(4) The amount and nature of medical assistance provided
26		under the Family and Children Assistance program shall be

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1		determined by the unit of local government. The amount and
2		nature of medical assistance provided need not be the same as
3		that provided under paragraph (3) of subsection (c) of this
4		Section, and nothing in this paragraph (4) shall be construed
5		to require the coverage of any particular medical service.
6		(5) (Blank).
7		(e) A local governmental unit that chooses to participate
8		in a General Assistance program under this Section shall
9		provide funding in accordance with Section 12-21.13 of this
10		Act. Local governmental funds used to qualify for State funding
11		may only be expended for clients eligible for assistance under
12		this Section 6-11 and related administrative expenses.
13		(f) (Blank).
14		(g) (Blank).
15		(Source: P.A. 99-143, eff. 7-27-15.)
16		(305 ILCS 5/9-9) (from Ch. 23, par. 9-9)
17		Sec. 9-9. The Illinois Department shall make information
18		available in its local offices informing clients about programs
19		concerning substance use disorder alcoholism and substance
20		abuse treatment and prevention programs.
21		(Source: P.A. 89-507, eff. 7-1-97.)
22		(305 ILCS 5/9A-8) (from Ch. 23, par. 9A-8)
23		Sec. 9A-8. Operation of Program.
24		(a) At the time of application or redetermination of

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1		eligibility under Article IV, as determined by rule, the
2		Illinois Department shall provide information in writing and
3		orally regarding the education, training and employment
4		program to all applicants and recipients. The information
5		required shall be established by rule and shall include, but
6		need not be limited to:
7		(1) education (including literacy training),
8		employment and training opportunities available, the
9		criteria for approval of those opportunities, and the right
10		to request changes in the personal responsibility and
11		services plan to include those opportunities;
12		(1.1) a complete list of all activities that are
13		approvable activities, and the circumstances under which
14		they are approvable, including work activities, substance
15		use disorder substance abuse or mental health treatment,
16		activities to escape and prevent domestic violence, caring
17		for a medically impaired family member, and any other
18		approvable activities, together with the right to and
19		procedures for amending the responsibility and services
20		plan to include these activities;
21		(1.2) the rules concerning the lifetime limit on
22		eligibility, including the current status of the applicant
23		or recipient in terms of the months of remaining
24		eligibility, the criteria under which a month will not
25		count towards the lifetime limit, and the criteria under
26		which a recipient may receive benefits beyond the end of

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1		the lifetime limit;
2		(2) supportive services including child care and the
3		rules regarding eligibility for and access to the child
4		care assistance program, transportation, initial expenses
5		of employment, job retention, books and fees, and any other
6		supportive services;
7		(3) the obligation of the Department to provide
8		supportive services;
9		(4) the rights and responsibilities of participants,
10		including exemption, sanction, reconciliation, and good
11		cause criteria and procedures, termination for
12		non-cooperation and reinstatement rules and procedures,
13		and appeal and grievance procedures; and
14		(5) the types and locations of child care services.
15		(b) The Illinois Department shall notify the recipient in
16		writing of the opportunity to volunteer to participate in the
17		program.
18		(c) (Blank).
19		(d) As part of the personal plan for achieving employment
20		and self-sufficiency, the Department shall conduct an
21		individualized assessment of the participant's employability.
22		No participant may be assigned to any component of the
23		education, training and employment activity prior to such
24		assessment. The plan shall include collection of information on
25		the individual's background, proficiencies, skills
26		deficiencies, education level, work history, employment goals,

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1		interests, aptitudes, and employment preferences, as well as
2		factors affecting employability or ability to meet
3		participation requirements (e.g., health, physical or mental
4		limitations, child care, family circumstances, domestic
5		violence, sexual violence, substance use disorders substance
6		abuse, and special needs of any child of the individual). As
7		part of the plan, individuals and Department staff shall work
8		together to identify any supportive service needs required to
9		enable the client to participate and meet the objectives of his
10		or her employability plan. The assessment may be conducted
11		through various methods such as interviews, testing,
12		counseling, and self-assessment instruments. In the assessment
13		process, the Department shall offer to include standard
14		literacy testing and a determination of English language
15		proficiency and shall provide it for those who accept the
16		offer. Based on the assessment, the individual will be assigned
17		to the appropriate activity. The decision will be based on a
18		determination of the individual's level of preparation for
19		employment as defined by rule.
20		(e) Recipients determined to be exempt may volunteer to
21		participate pursuant to Section 9A-4 and must be assessed.
22		(f) As part of the personal plan for achieving employment
23		and self-sufficiency under Section 4-1, an employability plan
24		for recipients shall be developed in consultation with the
25		participant. The Department shall have final responsibility
26		for approving the employability plan. The employability plan

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1		shall:
2		(1) contain an employment goal of the participant;
3		(2) describe the services to be provided by the
4		Department, including child care and other support
5		services;
6		(3) describe the activities, such as component
7		assignment, that will be undertaken by the participant to
8		achieve the employment goal. The Department shall treat
9		participation in high school and high school equivalency
10		programs as a core activity and count participation in high
11		school and high school equivalency programs toward the
12		first 20 hours per week of participation. The Department
13		shall approve participation in high school or high school
14		equivalency programs upon written or oral request of the
15		participant if he or she has not already earned a high
16		school diploma or a high school equivalency certificate.
17		However, participation in high school or high school
18		equivalency programs may be delayed as part of an
19		applicant's or recipient's personal plan for achieving
20		employment and self-sufficiency if it is determined that
21		the benefit from participating in another activity, such
22		as, but not limited to, treatment for a substance use
23		disorder substance abuse or an English proficiency
24		program, would be greater to the applicant or recipient
25		than participation in high school or a high school
26		equivalency program. The availability of high school and

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1		high school equivalency programs may also delay enrollment
2		in those programs. The Department shall treat such
3		activities as a core activity as long as satisfactory
4		progress is made, as determined by the high school or high
5		school equivalency program. Proof of satisfactory progress
6		shall be provided by the participant or the school at the
7		end of each academic term; and
8		(4) describe any other needs of the family that might
9		be met by the Department.
10		(g) The employability plan shall take into account:
11		(1) available program resources;
12		(2) the participant's support service needs;
13		(3) the participant's skills level and aptitudes;
14		(4) local employment opportunities; and
15		(5) the preferences of the participant.
16		(h) A reassessment shall be conducted to assess a
17		participant's progress and to review the employability plan on
18		the following occasions:
19		(1) upon completion of an activity and before
20		assignment to an activity;
21		(2) upon the request of the participant;
22		(3) if the individual is not cooperating with the
23		requirements of the program; and
24		(4) if the individual has failed to make satisfactory
25		progress in an education or training program.
26		Based on the reassessment, the Department may revise the

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1		employability plan of the participant.
2		(Source: P.A. 99-746, eff. 1-1-17.)
3		Section 80. The Abused and Neglected Child Reporting Act is
4		amended by changing Sections 7.3b and 8.2 as follows:
5		(325 ILCS 5/7.3b) (from Ch. 23, par. 2057.3b)
6		Sec. 7.3b. All persons required to report under Section 4
7		may refer to the Department of Human Services any pregnant
8		person in this State who has a substance use disorder as
9		defined in the Substance Use Disorder Act. is addicted as
10		defined in the Alcoholism and Other Drug Abuse and Dependency
11		Act. The Department of Human Services shall notify the local
12		Infant Mortality Reduction Network service provider or
13		Department funded prenatal care provider in the area in which
14		the person resides. The service provider shall prepare a case
15		management plan and assist the pregnant woman in obtaining
16		counseling and treatment from a local substance use disorder
17		treatment program substance abuse service provider licensed by
18		the Department of Human Services or a licensed hospital which
19		provides substance abuse treatment services. The local Infant
20		Mortality Reduction Network service provider and Department
21		funded prenatal care provider shall monitor the pregnant woman
22		through the service program. The Department of Human Services
23		shall have the authority to promulgate rules and regulations to
24		implement this Section.

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1		(Source: P.A. 88-670, eff. 12-2-94; 89-507 (Sections 9C-25 and
2		9M-5), eff. 7-1-97.)
3		(325 ILCS 5/8.2) (from Ch. 23, par. 2058.2)
4		Sec. 8.2. If the Child Protective Service Unit determines,
5		following an investigation made pursuant to Section 7.4 of this
6		Act, that there is credible evidence that the child is abused
7		or neglected, the Department shall assess the family's need for
8		services, and, as necessary, develop, with the family, an
9		appropriate service plan for the family's voluntary acceptance
10		or refusal. In any case where there is evidence that the
11		perpetrator of the abuse or neglect has a substance use
12		disorder as defined in the Substance Use Disorder Act, is an
13		addict or alcoholic as defined in the Alcoholism and Other Drug
14		Abuse and Dependency Act, the Department, when making referrals
15		for drug or alcohol abuse services, shall make such referrals
16		to facilities licensed by the Department of Human Services or
17		the Department of Public Health. The Department shall comply
18		with Section 8.1 by explaining its lack of legal authority to
19		compel the acceptance of services and may explain its
20		concomitant authority to petition the Circuit court under the
21		Juvenile Court Act of 1987 or refer the case to the local law
22		enforcement authority or State's attorney for criminal
23		prosecution.
24		For purposes of this Act, the term "family preservation
25		services" refers to all services to help families, including

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1		adoptive and extended families. Family preservation services
2		shall be offered, where safe and appropriate, to prevent the
3		placement of children in substitute care when the children can
4		be cared for at home or in the custody of the person
5		responsible for the children's welfare without endangering the
6		children's health or safety, to reunite them with their
7		families if so placed when reunification is an appropriate
8		goal, or to maintain an adoptive placement. The term
9		"homemaker" includes emergency caretakers, homemakers,
10		caretakers, housekeepers and chore services. The term
11		"counseling" includes individual therapy, infant stimulation
12		therapy, family therapy, group therapy, self-help groups, drug
13		and alcohol abuse counseling, vocational counseling and
14		post-adoptive services. The term "day care" includes
15		protective day care and day care to meet educational,
16		prevocational or vocational needs. The term "emergency
17		assistance and advocacy" includes coordinated services to
18		secure emergency cash, food, housing and medical assistance or
19		advocacy for other subsistence and family protective needs.
20		Before July 1, 2000, appropriate family preservation
21		services shall, subject to appropriation, be included in the
22		service plan if the Department has determined that those
23		services will ensure the child's health and safety, are in the
24		child's best interests, and will not place the child in
25		imminent risk of harm. Beginning July 1, 2000, appropriate
26		family preservation services shall be uniformly available

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1		throughout the State. The Department shall promptly notify
2		children and families of the Department's responsibility to
3		offer and provide family preservation services as identified in
4		the service plan. Such plans may include but are not limited
5		to: case management services; homemakers; counseling; parent
6		education; day care; emergency assistance and advocacy
7		assessments; respite care; in-home health care; transportation
8		to obtain any of the above services; and medical assistance.
9		Nothing in this paragraph shall be construed to create a
10		private right of action or claim on the part of any individual
11		or child welfare agency, except that when a child is the
12		subject of an action under Article II of the Juvenile Court Act
13		of 1987 and the child's service plan calls for services to
14		facilitate achievement of the permanency goal, the court
15		hearing the action under Article II of the Juvenile Court Act
16		of 1987 may order the Department to provide the services set
17		out in the plan, if those services are not provided with
18		reasonable promptness and if those services are available.
19		Each Department field office shall maintain on a local
20		basis directories of services available to children and
21		families in the local area where the Department office is
22		located.
23		The Department shall refer children and families served
24		pursuant to this Section to private agencies and governmental
25		agencies, where available.
26		Where there are 2 equal proposals from both a

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1		not-for-profit and a for-profit agency to provide services, the
2		Department shall give preference to the proposal from the
3		not-for-profit agency.
4		No service plan shall compel any child or parent to engage
5		in any activity or refrain from any activity which is not
6		reasonably related to remedying a condition or conditions that
7		gave rise or which could give rise to any finding of child
8		abuse or neglect.
9		(Source: P.A. 96-600, eff. 8-21-09; 97-859, eff. 7-27-12.)
10		Section 81. The Mental Health and Developmental
11		Disabilities Code is amended by changing Section 1-129 as
12		follows:
13		(405 ILCS 5/1-129)
14		Sec. 1-129. Mental illness. "Mental illness" means a
15		mental, or emotional disorder that substantially impairs a
16		person's thought, perception of reality, emotional process,
17		judgment, behavior, or ability to cope with the ordinary
18		demands of life, but does not include a developmental
19		disability, dementia or Alzheimer's disease absent psychosis,
20		a substance use abuse disorder, or an abnormality manifested
21		only by repeated criminal or otherwise antisocial conduct.
22		(Source: P.A. 93-573, eff. 8-21-03.)
23		Section 83. The Community Services Act is amended by

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1		changing Sections 2, 3, and 4 as follows:
2		(405 ILCS 30/2) (from Ch. 91 1/2, par. 902)
3		Sec. 2. Community Services System. Services should be
4		planned, developed, delivered and evaluated as part of a
5		comprehensive and coordinated system. The Department of Human
6		Services shall encourage the establishment of services in each
7		area of the State which cover the services categories described
8		below. What specific services are provided under each service
9		category shall be based on local needs; special attention shall
10		be given to unserved and underserved populations, including
11		children and youth, racial and ethnic minorities, and the
12		elderly. The service categories shall include:
13		(a) Prevention: services designed primarily to reduce
14		the incidence and ameliorate the severity of developmental
15		disabilities, mental illness, and substance use disorders
16		as defined in the Substance Use Disorder Act; and alcohol
17		and drug dependence;
18		(b) Client Assessment and Diagnosis: services designed
19		to identify persons with developmental disabilities,
20		mental illness, and substance use disorders; and alcohol
21		and drug dependency; to determine the extent of the
22		disability and the level of functioning; to ensure that the
23		individual's need for treatment of mental disorders or
24		substance use disorders or co-occurring substance use and
25		mental health disorders is determined using a uniform

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1		screening, assessment, and evaluation process inclusive of
2		criteria; for purposes of this subsection (b), a uniform
3		screening, assessment, and evaluation process refers to a
4		process that includes an appropriate evaluation and, as
5		warranted, a referral; "uniform" does not mean the use of a
6		singular instrument, tool, or process that all must
7		utilize; information obtained through client evaluation
8		can be used in individual treatment and habilitation plans;
9		to assure appropriate placement and to assist in program
10		evaluation;
11		(c) Case Coordination: services to provide information
12		and assistance to persons with disabilities to ensure that
13		they obtain needed services provided by the private and
14		public sectors; case coordination services should be
15		available to individuals whose functioning level or
16		history of institutional recidivism or long-term care
17		indicate that such assistance is required for successful
18		community living;
19		(d) Crisis and Emergency: services to assist
20		individuals and their families through crisis periods, to
21		stabilize individuals under stress and to prevent
22		unnecessary institutionalization;
23		(e) Treatment, Habilitation and Support: services
24		designed to help individuals develop skills which promote
25		independence and improved levels of social and vocational
26		functioning and personal growth; and to provide

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1		non-treatment support services which are necessary for
2		successful community living;
3		(f) Community Residential Alternatives to
4		Institutional Settings: services to provide living
5		arrangements for persons unable to live independently; the
6		level of supervision, services provided and length of stay
7		at community residential alternatives will vary by the type
8		of program and the needs and functioning level of the
9		residents; other services may be provided in a community
10		residential alternative which promote the acquisition of
11		independent living skills and integration with the
12		community.
13		(Source: P.A. 99-143, eff. 7-27-15.)
14		(405 ILCS 30/3) (from Ch. 91 1/2, par. 903)
15		Sec. 3. Responsibilities for Community Services. Pursuant
16		to this Act, the Department of Human Services shall facilitate
17		the establishment of a comprehensive and coordinated array of
18		community services based upon a federal, State and local
19		partnership. In order to assist in implementation of this Act,
20		the Department shall prescribe and publish rules and
21		regulations. The Department may request the assistance of other
22		State agencies, local government entities, direct services
23		providers, trade associations, and others in the development of
24		these regulations or other policies related to community
25		services.

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1		The Department shall assume the following roles and
2		responsibilities for community services:
3		(a) Service Priorities. Within the service categories
4		described in Section 2 of this Act, establish and publish
5		priorities for community services to be rendered, and priority
6		populations to receive these services.
7		(b) Planning. By January 1, 1994 and by January 1 of each
8		third year thereafter, prepare and publish a Plan which
9		describes goals and objectives for community services
10		state-wide and for regions and subregions needs assessment,
11		steps and time-tables for implementation of the goals also
12		shall be included; programmatic goals and objectives for
13		community services shall cover the service categories defined
14		in Section 2 of this Act; the Department shall insure local
15		participation in the planning process.
16		(c) Public Information and Education. Develop programs
17		aimed at improving the relationship between communities and
18		their residents with disabilities; prepare and disseminate
19		public information and educational materials on the prevention
20		of developmental disabilities, mental illness, and substance
21		use disorders alcohol or drug dependence, and on available
22		treatment and habilitation services for persons with these
23		disabilities.
24		(d) Quality Assurance. Promulgate minimum program
25		standards, rules and regulations to insure that Department
26		funded services maintain acceptable quality and assure

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1		enforcement of these standards through regular monitoring of
2		services and through program evaluation; this applies except
3		where this responsibility is explicitly given by law to another
4		State agency.
5		(d-5) Accreditation requirements for providers of mental
6		health and substance abuse treatment services. Except when the
7		federal or State statutes authorizing a program, or the federal
8		regulations implementing a program, are to the contrary,
9		accreditation shall be accepted by the Department in lieu of
10		the Department's facility or program certification or
11		licensure onsite review requirements and shall be accepted as a
12		substitute for the Department's administrative and program
13		monitoring requirements, except as required by subsection
14		(d-10), in the case of:
15		(1) Any organization from which the Department
16		purchases mental health or substance abuse services and
17		that is accredited under any of the following: the
18		Comprehensive Accreditation Manual for Behavioral Health
19		Care (Joint Commission on Accreditation of Healthcare
20		Organizations (JCAHO)); the Comprehensive Accreditation
21		Manual for Hospitals (JCAHO); the Standards Manual for the
22		Council on Accreditation for Children and Family Services
23		(Council on Accreditation for Children and Family Services
24		(COA)); or the Standards Manual for Organizations Serving
25		People with Disabilities (the Rehabilitation Accreditation
26		Commission (CARF)).

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1		(2) Any mental health facility or program licensed or
2		certified by the Department, or any substance abuse service
3		licensed by the Department, that is accredited under any of
4		the following: the Comprehensive Accreditation Manual for
5		Behavioral Health Care (JCAHO); the Comprehensive
6		Accreditation Manual for Hospitals (JCAHO); the Standards
7		Manual for the Council on Accreditation for Children and
8		Family Services (COA); or the Standards Manual for
9		Organizations Serving People with Disabilities (CARF).
10		(3) Any network of providers from which the Department
11		purchases mental health or substance abuse services and
12		that is accredited under any of the following: the
13		Comprehensive Accreditation Manual for Behavioral Health
14		Care (JCAHO); the Comprehensive Accreditation Manual for
15		Hospitals (JCAHO); the Standards Manual for the Council on
16		Accreditation for Children and Family Services (COA); the
17		Standards Manual for Organizations Serving People with
18		Disabilities (CARF); or the National Committee for Quality
19		Assurance. A provider organization that is part of an
20		accredited network shall be afforded the same rights under
21		this subsection.
22		(d-10) For mental health and substance abuse services, the
23		Department may develop standards or promulgate rules that
24		establish additional standards for monitoring and licensing
25		accredited programs, services, and facilities that the
26		Department has determined are not covered by the accreditation

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1		standards and processes. These additional standards for
2		monitoring and licensing accredited programs, services, and
3		facilities and the associated monitoring must not duplicate the
4		standards and processes already covered by the accrediting
5		bodies.
6		(d-15) The Department shall be given proof of compliance
7		with fire and health safety standards, which must be submitted
8		as required by rule.
9		(d-20) The Department, by accepting the survey or
10		inspection of an accrediting organization, does not forfeit its
11		rights to perform inspections at any time, including contract
12		monitoring to ensure that services are provided in accordance
13		with the contract. The Department reserves the right to monitor
14		a provider of mental health and substance abuse treatment
15		services when the survey or inspection of an accrediting
16		organization has established any deficiency in the
17		accreditation standards and processes.
18		(d-25) On and after the effective date of this amendatory
19		Act of the 92nd General Assembly, the accreditation
20		requirements of this Section apply to contracted organizations
21		that are already accredited.
22		(e) Program Evaluation. Develop a system for conducting
23		evaluation of the effectiveness of community services,
24		according to preestablished performance standards; evaluate
25		the extent to which performance according to established
26		standards aids in achieving the goals of this Act; evaluation

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1		data also shall be used for quality assurance purposes as well
2		as for planning activities.
3		(f) Research. Conduct research in order to increase
4		understanding of mental illness, developmental disabilities,
5		and substance use disorders and alcohol and drug dependence.
6		(g) Technical Assistance. Provide technical assistance to
7		provider agencies receiving funds or serving clients in order
8		to assist these agencies in providing appropriate, quality
9		services; also provide assistance and guidance to other State
10		agencies and local governmental bodies serving persons with
11		disabilities in order to strengthen their efforts to provide
12		appropriate community services; and assist provider agencies
13		in accessing other available funding, including federal,
14		State, local, third-party and private resources.
15		(h) Placement Process. Promote the appropriate placement
16		of clients in community services through the development and
17		implementation of client assessment and diagnostic instruments
18		to assist in identifying the individual's service needs; client
19		assessment instruments also can be utilized for purposes of
20		program evaluation; whenever possible, assure that placements
21		in State-operated facilities are referrals from community
22		agencies.
23		(i) Interagency Coordination. Assume leadership in
24		promoting cooperation among State health and human service
25		agencies to insure that a comprehensive, coordinated community
26		services system is in place; to insure persons with a

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1		disability access to needed services; and to insure continuity
2		of care and allow clients to move among service settings as
3		their needs change; also work with other agencies to establish
4		effective prevention programs.
5		(j) Financial Assistance. Provide financial assistance to
6		local provider agencies through purchase-of-care contracts and
7		grants, pursuant to Section 4 of this Act.
8		(Source: P.A. 99-143, eff. 7-27-15.)
9		(405 ILCS 30/4) (from Ch. 91 1/2, par. 904)
10		Sec. 4. Financing for Community Services.
11		(a) The Department of Human Services is authorized to
12		provide financial reimbursement to eligible private service
13		providers, corporations, local government entities or
14		voluntary associations for the provision of services to persons
15		with mental illness, persons with a developmental disability,
16		and persons with substance use disorders who are and alcohol
17		and drug dependent persons living in the community for the
18		purpose of achieving the goals of this Act.
19		The Department shall utilize the following funding
20		mechanisms for community services:
21		(1) Purchase of Care Contracts: services purchased on a
22		predetermined fee per unit of service basis from private
23		providers or governmental entities. Fee per service rates
24		are set by an established formula which covers some portion
25		of personnel, supplies, and other allowable costs, and

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1		which makes some allowance for geographic variations in
2		costs as well as for additional program components.
3		(2) Grants: sums of money which the Department grants
4		to private providers or governmental entities pursuant to
5		the grant recipient's agreement to provide certain
6		services, as defined by departmental grant guidelines, to
7		an approximate number of service recipients. Grant levels
8		are set through consideration of personnel, supply and
9		other allowable costs, as well as other funds available to
10		the program.
11		(3) Other Funding Arrangements: funding mechanisms may
12		be established on a pilot basis in order to examine the
13		feasibility of alternative financing arrangements for the
14		provision of community services.
15		The Department shall establish and maintain an equitable
16		system of payment which allows providers to improve persons
17		with disabilities' capabilities for independence and reduces
18		their reliance on State-operated services.
19		For services classified as entitlement services under
20		federal law or guidelines, caps may not be placed on the total
21		amount of payment a provider may receive in a fiscal year and
22		the Department shall not require that a portion of the payments
23		due be made in a subsequent fiscal year based on a yearly
24		payment cap.
25		(b) The Governor shall create a commission by September 1,
26		2009, or as soon thereafter as possible, to review funding

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1		methodologies, identify gaps in funding, identify revenue, and
2		prioritize use of that revenue for community developmental
3		disability services, mental health services, alcohol and
4		substance abuse services, rehabilitation services, and early
5		intervention services. The Office of the Governor shall provide
6		staff support for the commission.
7		(c) The first meeting of the commission shall be held
8		within the first month after the creation and appointment of
9		the commission, and a final report summarizing the commission's
10		recommendations must be issued within 12 months after the first
11		meeting, and no later than September 1, 2010, to the Governor
12		and the General Assembly.
13		(d) The commission shall have the following 13 voting
14		members:
15		(A) one member of the House of Representatives,
16		appointed by the Speaker of the House of Representatives;
17		(B) one member of the House of Representatives,
18		appointed by the House Minority Leader;
19		(C) one member of the Senate, appointed by the
20		President of the Senate;
21		(D) one member of the Senate, appointed by the Senate
22		Minority Leader;
23		(E) one person with a developmental disability, or a
24		family member or guardian of such a person, appointed by
25		the Governor;
26		(F) one person with a mental illness, or a family

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1		member or guardian of such a person, appointed by the
2		Governor;
3		(G) two persons from unions that represent employees of
4		community providers that serve people with developmental
5		disabilities, mental illness, and alcohol and substance
6		abuse disorders, appointed by the Governor; and
7		(H) five persons from statewide associations that
8		represent community providers that provide residential,
9		day training, and other developmental disability services,
10		mental health services, alcohol and substance abuse
11		services, rehabilitation services, or early intervention
12		services, or any combination of those, appointed by the
13		Governor.
14		The commission shall also have the following ex-officio,
15		nonvoting members:
16		(I) the Director of the Governor's Office of Management
17		and Budget or his or her designee;
18		(J) the Chief Financial Officer of the Department of
19		Human Services or his or her designee;
20		(K) the Administrator of the Department of Healthcare
21		and Family Services Division of Finance or his or her
22		designee;
23		(L) the Director of the Department of Human Services
24		Division of Developmental Disabilities or his or her
25		designee;
26		(M) the Director of the Department of Human Services

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1		Division of Mental Health or his or her designee; and
2		(N) the Director of the Department of Human Services
3		Division of Alcoholism and Substance Abuse or his or her
4		designee.
5		(e) The funding methodologies must reflect economic
6		factors inherent in providing services and supports, recognize
7		individual disability needs, and consider geographic
8		differences, transportation costs, required staffing ratios,
9		and mandates not currently funded.
10		(f) In accepting Department funds, providers shall
11		recognize their responsibility to be accountable to the
12		Department and the State for the delivery of services which are
13		consistent with the philosophies and goals of this Act and the
14		rules and regulations promulgated under it.
15		(Source: P.A. 96-652, eff. 8-24-09; 96-1472, eff. 8-23-10;
16		97-813, eff. 7-13-12.)
17		Section 84. The Illinois Mental Health First Aid Training
18		Act is amended by changing Sections 5, 15, 25, and 35 as
19		follows:
20		(405 ILCS 105/5)
21		Sec. 5. Purpose. Through the use of innovative strategies,
22		Mental Health First Aid training shall be implemented
23		throughout the State. Mental Health First Aid training is
24		designed to train individuals to assist someone who is

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1		developing a mental health disorder or a substance use an
2		alcohol or substance abuse disorder, or who is experiencing a
3		mental health or substance use disorder abuse crisis and it can
4		be reasonably assumed that a mental health disorder or a
5		substance use an alcohol or substance abuse disorder is a
6		contributing or precipitating factor.
7		(Source: P.A. 98-195, eff. 8-7-13.)
8		(405 ILCS 105/15)
9		Sec. 15. Illinois Mental Health First Aid training program.
10		The Department of Human Services shall administer the Illinois
11		Mental Health First Aid training program so that certified
12		trainers can provide Illinois residents, professionals, and
13		members of the public with training on how to identify and
14		assist someone who is believed to be developing or has
15		developed a mental health disorder or a substance use an
16		alcohol or substance abuse disorder or who is believed to be
17		experiencing a mental health or substance use disorder abuse
18		crisis.
19		(Source: P.A. 98-195, eff. 8-7-13.)
20		(405 ILCS 105/25)
21		Sec. 25. Objectives of the training program. The Illinois
22		Mental Health First Aid training program shall be designed to
23		train individuals to accomplish the following objectives as
24		deemed appropriate for the individuals to be trained, taking

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1		into consideration the individual's age:
2		(1) Build mental health, alcohol abuse, and substance
3		use disorder abuse literacy designed to help the public
4		identify, understand, and respond to the signs of mental
5		illness , alcohol abuse, and substance use disorders abuse.
6		(2) Assist someone who is believed to be developing or
7		has developed a mental health disorder or a substance use
8		an alcohol or substance abuse disorder or who is believed
9		to be experiencing a mental health disorder or a substance
10		use disorder an alcohol or substance abuse crisis. Such
11		assistance shall include the following:
12		(A) Knowing how to recognize the symptoms of a
13		mental health disorder or a substance use an alcohol or
14		substance abuse disorder.
15		(B) Knowing how to provide initial help.
16		(C) Knowing how to guide individuals requiring
17		assistance toward appropriate professional help,
18		including help for individuals who may be in crisis.
19		(D) Knowing how to provide comfort to the person
20		experiencing a mental health disorder or a substance
21		use an alcohol or substance abuse disorder.
22		(E) Knowing how to prevent a mental health disorder
23		or a substance use an alcohol or substance abuse
24		disorder from deteriorating into a more serious
25		condition which may lead to more costly interventions
26		and treatments.

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1		(F) Knowing how to promote healing, recovery, and
2		good mental health.
3		(Source: P.A. 98-195, eff. 8-7-13.)
4		(405 ILCS 105/35)
5		Sec. 35. Evaluation. The Department of Human Services, as
6		the Illinois Mental Health First Aid training authority, shall
7		ensure that evaluative criteria are established which measure
8		the distribution of the training grants and the fidelity of the
9		training processes to the objective of building mental health,
10		alcohol abuse, and substance use disorder abuse literacy
11		designed to help the public identify, understand, and respond
12		to the signs of mental illness, alcohol abuse, and substance
13		use disorders abuse.
14		(Source: P.A. 98-195, eff. 8-7-13.)
15		Section 85. The Consent by Minors to Medical Procedures Act
16		is amended by changing Section 4 as follows:
17		(410 ILCS 210/4) (from Ch. 111, par. 4504)
18		Sec. 4. Sexually transmitted disease; drug or alcohol
19		abuse. Notwithstanding any other provision of law, a minor 12
20		years of age or older who may have come into contact with any
21		sexually transmitted disease, or may be determined to be an
22		intoxicated person or a person with a substance use disorder,
23		as defined in the Substance Use Disorder Act, an addict, an

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1		alcoholic or an intoxicated person, as defined in the
2		Alcoholism and Other Drug Abuse and Dependency Act, or who may
3		have a family member who abuses drugs or alcohol, may give
4		consent to the furnishing of health care services or counseling
5		related to the diagnosis or treatment of the disease. Each
6		incident of sexually transmitted disease shall be reported to
7		the State Department of Public Health or the local board of
8		health in accordance with regulations adopted under statute or
9		ordinance. The consent of the parent, parents, or legal
10		guardian of a minor shall not be necessary to authorize health
11		care services or counseling related to the diagnosis or
12		treatment of sexually transmitted disease or drug use or
13		alcohol consumption by the minor or the effects on the minor of
14		drug or alcohol abuse by a member of the minor's family. The
15		consent of the minor shall be valid and binding as if the minor
16		had achieved his or her majority. The consent shall not be
17		voidable nor subject to later disaffirmance because of
18		minority.
19		Anyone involved in the furnishing of health services care
20		to the minor or counseling related to the diagnosis or
21		treatment of the minor's disease or drug or alcohol use by the
22		minor or a member of the minor's family shall, upon the minor's
23		consent, make reasonable efforts, to involve the family of the
24		minor in his or her treatment, if the person furnishing
25		treatment believes that the involvement of the family will not
26		be detrimental to the progress and care of the minor.

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1		Reasonable effort shall be extended to assist the minor in
2		accepting the involvement of his or her family in the care and
3		treatment being given.
4		(Source: P.A. 100-378, eff. 1-1-18.)
5		Section 90. The Juvenile Court Act of 1987 is amended by
6		changing Sections 4-3, 5-615, and 5-710 as follows:
7		(705 ILCS 405/4-3) (from Ch. 37, par. 804-3)
8		Sec. 4-3. Addicted minor. Those who are addicted include
9		any minor who has a substance use disorder as defined in the
10		Substance Use Disorder Act. is an addict or an alcoholic as
11		defined in the Alcoholism and Other Drug Abuse and Dependency
12		Act.
13		(Source: P.A. 88-670, eff. 12-2-94.)
14		(705 ILCS 405/5-615)
15		Sec. 5-615. Continuance under supervision.
16		(1) The court may enter an order of continuance under
17		supervision for an offense other than first degree murder, a
18		Class X felony or a forcible felony:
19		(a) upon an admission or stipulation by the appropriate
20		respondent or minor respondent of the facts supporting the
21		petition and before the court makes a finding of
22		delinquency, and in the absence of objection made in open
23		court by the minor, his or her parent, guardian, or legal

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1		custodian, the minor's attorney or the State's Attorney; or
2		(b) upon a finding of delinquency and after considering
3		the circumstances of the offense and the history,
4		character, and condition of the minor, if the court is of
5		the opinion that:
6		(i) the minor is not likely to commit further
7		crimes;
8		(ii) the minor and the public would be best served
9		if the minor were not to receive a criminal record; and
10		(iii) in the best interests of justice an order of
11		continuance under supervision is more appropriate than
12		a sentence otherwise permitted under this Act.
13		(2) (Blank).
14		(3) Nothing in this Section limits the power of the court
15		to order a continuance of the hearing for the production of
16		additional evidence or for any other proper reason.
17		(4) When a hearing where a minor is alleged to be a
18		delinquent is continued pursuant to this Section, the period of
19		continuance under supervision may not exceed 24 months. The
20		court may terminate a continuance under supervision at any time
21		if warranted by the conduct of the minor and the ends of
22		justice or vacate the finding of delinquency or both.
23		(5) When a hearing where a minor is alleged to be
24		delinquent is continued pursuant to this Section, the court
25		may, as conditions of the continuance under supervision,
26		require the minor to do any of the following:

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1		(a) not violate any criminal statute of any
2		jurisdiction;
3		(b) make a report to and appear in person before any
4		person or agency as directed by the court;
5		(c) work or pursue a course of study or vocational
6		training;
7		(d) undergo medical or psychotherapeutic treatment
8		rendered by a therapist licensed under the provisions of
9		the Medical Practice Act of 1987, the Clinical Psychologist
10		Licensing Act, or the Clinical Social Work and Social Work
11		Practice Act, or an entity licensed by the Department of
12		Human Services as a successor to the Department of
13		Alcoholism and Substance Abuse, for the provision of
14		substance use disorder services as defined in Section 1-10
15		of the Substance Use Disorder Act drug addiction and
16		alcoholism treatment;
17		(e) attend or reside in a facility established for the
18		instruction or residence of persons on probation;
19		(f) support his or her dependents, if any;
20		(g) pay costs;
21		(h) refrain from possessing a firearm or other
22		dangerous weapon, or an automobile;
23		(i) permit the probation officer to visit him or her at
24		his or her home or elsewhere;
25		(j) reside with his or her parents or in a foster home;
26		(k) attend school;

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1		(k-5) with the consent of the superintendent of the
2		facility, attend an educational program at a facility other
3		than the school in which the offense was committed if he or
4		she committed a crime of violence as defined in Section 2
5		of the Crime Victims Compensation Act in a school, on the
6		real property comprising a school, or within 1,000 feet of
7		the real property comprising a school;
8		(l) attend a non-residential program for youth;
9		(m) contribute to his or her own support at home or in
10		a foster home;
11		(n) perform some reasonable public or community
12		service;
13		(o) make restitution to the victim, in the same manner
14		and under the same conditions as provided in subsection (4)
15		of Section 5-710, except that the "sentencing hearing"
16		referred to in that Section shall be the adjudicatory
17		hearing for purposes of this Section;
18		(p) comply with curfew requirements as designated by
19		the court;
20		(q) refrain from entering into a designated geographic
21		area except upon terms as the court finds appropriate. The
22		terms may include consideration of the purpose of the
23		entry, the time of day, other persons accompanying the
24		minor, and advance approval by a probation officer;
25		(r) refrain from having any contact, directly or
26		indirectly, with certain specified persons or particular

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1		types of persons, including but not limited to members of
2		street gangs and drug users or dealers;
3		(r-5) undergo a medical or other procedure to have a
4		tattoo symbolizing allegiance to a street gang removed from
5		his or her body;
6		(s) refrain from having in his or her body the presence
7		of any illicit drug prohibited by the Cannabis Control Act,
8		the Illinois Controlled Substances Act, or the
9		Methamphetamine Control and Community Protection Act,
10		unless prescribed by a physician, and submit samples of his
11		or her blood or urine or both for tests to determine the
12		presence of any illicit drug; or
13		(t) comply with any other conditions as may be ordered
14		by the court.
15		(6) A minor whose case is continued under supervision under
16		subsection (5) shall be given a certificate setting forth the
17		conditions imposed by the court. Those conditions may be
18		reduced, enlarged, or modified by the court on motion of the
19		probation officer or on its own motion, or that of the State's
20		Attorney, or, at the request of the minor after notice and
21		hearing.
22		(7) If a petition is filed charging a violation of a
23		condition of the continuance under supervision, the court shall
24		conduct a hearing. If the court finds that a condition of
25		supervision has not been fulfilled, the court may proceed to
26		findings, adjudication, and disposition or adjudication and

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1		disposition. The filing of a petition for violation of a
2		condition of the continuance under supervision shall toll the
3		period of continuance under supervision until the final
4		determination of the charge, and the term of the continuance
5		under supervision shall not run until the hearing and
6		disposition of the petition for violation; provided where the
7		petition alleges conduct that does not constitute a criminal
8		offense, the hearing must be held within 30 days of the filing
9		of the petition unless a delay shall continue the tolling of
10		the period of continuance under supervision for the period of
11		the delay.
12		(8) When a hearing in which a minor is alleged to be a
13		delinquent for reasons that include a violation of Section
14		21-1.3 of the Criminal Code of 1961 or the Criminal Code of
15		2012 is continued under this Section, the court shall, as a
16		condition of the continuance under supervision, require the
17		minor to perform community service for not less than 30 and not
18		more than 120 hours, if community service is available in the
19		jurisdiction. The community service shall include, but need not
20		be limited to, the cleanup and repair of the damage that was
21		caused by the alleged violation or similar damage to property
22		located in the municipality or county in which the alleged
23		violation occurred. The condition may be in addition to any
24		other condition.
25		(8.5) When a hearing in which a minor is alleged to be a
26		delinquent for reasons that include a violation of Section 3.02

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1		or Section 3.03 of the Humane Care for Animals Act or paragraph
2		(d) of subsection (1) of Section 21-1 of the Criminal Code of
3		1961 or paragraph (4) of subsection (a) of Section 21-1 or the
4		Criminal Code of 2012 is continued under this Section, the
5		court shall, as a condition of the continuance under
6		supervision, require the minor to undergo medical or
7		psychiatric treatment rendered by a psychiatrist or
8		psychological treatment rendered by a clinical psychologist.
9		The condition may be in addition to any other condition.
10		(9) When a hearing in which a minor is alleged to be a
11		delinquent is continued under this Section, the court, before
12		continuing the case, shall make a finding whether the offense
13		alleged to have been committed either: (i) was related to or in
14		furtherance of the activities of an organized gang or was
15		motivated by the minor's membership in or allegiance to an
16		organized gang, or (ii) is a violation of paragraph (13) of
17		subsection (a) of Section 12-2 or paragraph (2) of subsection
18		(c) of Section 12-2 of the Criminal Code of 1961 or the
19		Criminal Code of 2012, a violation of any Section of Article 24
20		of the Criminal Code of 1961 or the Criminal Code of 2012, or a
21		violation of any statute that involved the unlawful use of a
22		firearm. If the court determines the question in the
23		affirmative the court shall, as a condition of the continuance
24		under supervision and as part of or in addition to any other
25		condition of the supervision, require the minor to perform
26		community service for not less than 30 hours, provided that

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1		community service is available in the jurisdiction and is
2		funded and approved by the county board of the county where the
3		offense was committed. The community service shall include, but
4		need not be limited to, the cleanup and repair of any damage
5		caused by an alleged violation of Section 21-1.3 of the
6		Criminal Code of 1961 or the Criminal Code of 2012 and similar
7		damage to property located in the municipality or county in
8		which the alleged violation occurred. When possible and
9		reasonable, the community service shall be performed in the
10		minor's neighborhood. For the purposes of this Section,
11		"organized gang" has the meaning ascribed to it in Section 10
12		of the Illinois Streetgang Terrorism Omnibus Prevention Act.
13		(10) The court shall impose upon a minor placed on
14		supervision, as a condition of the supervision, a fee of $50
15		for each month of supervision ordered by the court, unless
16		after determining the inability of the minor placed on
17		supervision to pay the fee, the court assesses a lesser amount.
18		The court may not impose the fee on a minor who is placed in the
19		guardianship or custody of the Department of Children and
20		Family Services under this Act while the minor is in placement.
21		The fee shall be imposed only upon a minor who is actively
22		supervised by the probation and court services department. A
23		court may order the parent, guardian, or legal custodian of the
24		minor to pay some or all of the fee on the minor's behalf.
25		(11) If a minor is placed on supervision for a violation of
26		subsection (a-7) of Section 1 of the Prevention of Tobacco Use

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1		by Minors Act, the court may, in its discretion, and upon
2		recommendation by the State's Attorney, order that minor and
3		his or her parents or legal guardian to attend a smoker's
4		education or youth diversion program as defined in that Act if
5		that program is available in the jurisdiction where the
6		offender resides. Attendance at a smoker's education or youth
7		diversion program shall be time-credited against any community
8		service time imposed for any first violation of subsection
9		(a-7) of Section 1 of that Act. In addition to any other
10		penalty that the court may impose for a violation of subsection
11		(a-7) of Section 1 of that Act, the court, upon request by the
12		State's Attorney, may in its discretion require the offender to
13		remit a fee for his or her attendance at a smoker's education
14		or youth diversion program.
15		For purposes of this Section, "smoker's education program"
16		or "youth diversion program" includes, but is not limited to, a
17		seminar designed to educate a person on the physical and
18		psychological effects of smoking tobacco products and the
19		health consequences of smoking tobacco products that can be
20		conducted with a locality's youth diversion program.
21		In addition to any other penalty that the court may impose
22		under this subsection (11):
23		(a) If a minor violates subsection (a-7) of Section 1
24		of the Prevention of Tobacco Use by Minors Act, the court
25		may impose a sentence of 15 hours of community service or a
26		fine of $25 for a first violation.

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1		(b) A second violation by a minor of subsection (a-7)
2		of Section 1 of that Act that occurs within 12 months after
3		the first violation is punishable by a fine of $50 and 25
4		hours of community service.
5		(c) A third or subsequent violation by a minor of
6		subsection (a-7) of Section 1 of that Act that occurs
7		within 12 months after the first violation is punishable by
8		a $100 fine and 30 hours of community service.
9		(d) Any second or subsequent violation not within the
10		12-month time period after the first violation is
11		punishable as provided for a first violation.
12		(Source: P.A. 100-159, eff. 8-18-17.)
13		(705 ILCS 405/5-710)
14		Sec. 5-710. Kinds of sentencing orders.
15		(1) The following kinds of sentencing orders may be made in
16		respect of wards of the court:
17		(a) Except as provided in Sections 5-805, 5-810, and
18		5-815, a minor who is found guilty under Section 5-620 may
19		be:
20		(i) put on probation or conditional discharge and
21		released to his or her parents, guardian or legal
22		custodian, provided, however, that any such minor who
23		is not committed to the Department of Juvenile Justice
24		under this subsection and who is found to be a
25		delinquent for an offense which is first degree murder,

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1		a Class X felony, or a forcible felony shall be placed
2		on probation;
3		(ii) placed in accordance with Section 5-740, with
4		or without also being put on probation or conditional
5		discharge;
6		(iii) required to undergo a substance abuse
7		assessment conducted by a licensed provider and
8		participate in the indicated clinical level of care;
9		(iv) on and after the effective date of this
10		amendatory Act of the 98th General Assembly and before
11		January 1, 2017, placed in the guardianship of the
12		Department of Children and Family Services, but only if
13		the delinquent minor is under 16 years of age or,
14		pursuant to Article II of this Act, a minor for whom an
15		independent basis of abuse, neglect, or dependency
16		exists. On and after January 1, 2017, placed in the
17		guardianship of the Department of Children and Family
18		Services, but only if the delinquent minor is under 15
19		years of age or, pursuant to Article II of this Act, a
20		minor for whom an independent basis of abuse, neglect,
21		or dependency exists. An independent basis exists when
22		the allegations or adjudication of abuse, neglect, or
23		dependency do not arise from the same facts, incident,
24		or circumstances which give rise to a charge or
25		adjudication of delinquency;
26		(v) placed in detention for a period not to exceed

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1		30 days, either as the exclusive order of disposition
2		or, where appropriate, in conjunction with any other
3		order of disposition issued under this paragraph,
4		provided that any such detention shall be in a juvenile
5		detention home and the minor so detained shall be 10
6		years of age or older. However, the 30-day limitation
7		may be extended by further order of the court for a
8		minor under age 15 committed to the Department of
9		Children and Family Services if the court finds that
10		the minor is a danger to himself or others. The minor
11		shall be given credit on the sentencing order of
12		detention for time spent in detention under Sections
13		5-501, 5-601, 5-710, or 5-720 of this Article as a
14		result of the offense for which the sentencing order
15		was imposed. The court may grant credit on a sentencing
16		order of detention entered under a violation of
17		probation or violation of conditional discharge under
18		Section 5-720 of this Article for time spent in
19		detention before the filing of the petition alleging
20		the violation. A minor shall not be deprived of credit
21		for time spent in detention before the filing of a
22		violation of probation or conditional discharge
23		alleging the same or related act or acts. The
24		limitation that the minor shall only be placed in a
25		juvenile detention home does not apply as follows:
26		Persons 18 years of age and older who have a

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1		petition of delinquency filed against them may be
2		confined in an adult detention facility. In making a
3		determination whether to confine a person 18 years of
4		age or older who has a petition of delinquency filed
5		against the person, these factors, among other
6		matters, shall be considered:
7		(A) the age of the person;
8		(B) any previous delinquent or criminal
9		history of the person;
10		(C) any previous abuse or neglect history of
11		the person;
12		(D) any mental health history of the person;
13		and
14		(E) any educational history of the person;
15		(vi) ordered partially or completely emancipated
16		in accordance with the provisions of the Emancipation
17		of Minors Act;
18		(vii) subject to having his or her driver's license
19		or driving privileges suspended for such time as
20		determined by the court but only until he or she
21		attains 18 years of age;
22		(viii) put on probation or conditional discharge
23		and placed in detention under Section 3-6039 of the
24		Counties Code for a period not to exceed the period of
25		incarceration permitted by law for adults found guilty
26		of the same offense or offenses for which the minor was

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1		adjudicated delinquent, and in any event no longer than
2		upon attainment of age 21; this subdivision (viii)
3		notwithstanding any contrary provision of the law;
4		(ix) ordered to undergo a medical or other
5		procedure to have a tattoo symbolizing allegiance to a
6		street gang removed from his or her body; or
7		(x) placed in electronic monitoring or home
8		detention under Part 7A of this Article.
9		(b) A minor found to be guilty may be committed to the
10		Department of Juvenile Justice under Section 5-750 if the
11		minor is at least 13 years and under 20 years of age,
12		provided that the commitment to the Department of Juvenile
13		Justice shall be made only if the minor was found guilty of
14		a felony offense or first degree murder. The court shall
15		include in the sentencing order any pre-custody credits the
16		minor is entitled to under Section 5-4.5-100 of the Unified
17		Code of Corrections. The time during which a minor is in
18		custody before being released upon the request of a parent,
19		guardian or legal custodian shall also be considered as
20		time spent in custody.
21		(c) When a minor is found to be guilty for an offense
22		which is a violation of the Illinois Controlled Substances
23		Act, the Cannabis Control Act, or the Methamphetamine
24		Control and Community Protection Act and made a ward of the
25		court, the court may enter a disposition order requiring
26		the minor to undergo assessment, counseling or treatment in

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1		a substance use disorder treatment program substance abuse
2		program approved by the Department of Human Services.
3		(2) Any sentencing order other than commitment to the
4		Department of Juvenile Justice may provide for protective
5		supervision under Section 5-725 and may include an order of
6		protection under Section 5-730.
7		(3) Unless the sentencing order expressly so provides, it
8		does not operate to close proceedings on the pending petition,
9		but is subject to modification until final closing and
10		discharge of the proceedings under Section 5-750.
11		(4) In addition to any other sentence, the court may order
12		any minor found to be delinquent to make restitution, in
13		monetary or non-monetary form, under the terms and conditions
14		of Section 5-5-6 of the Unified Code of Corrections, except
15		that the "presentencing hearing" referred to in that Section
16		shall be the sentencing hearing for purposes of this Section.
17		The parent, guardian or legal custodian of the minor may be
18		ordered by the court to pay some or all of the restitution on
19		the minor's behalf, pursuant to the Parental Responsibility
20		Law. The State's Attorney is authorized to act on behalf of any
21		victim in seeking restitution in proceedings under this
22		Section, up to the maximum amount allowed in Section 5 of the
23		Parental Responsibility Law.
24		(5) Any sentencing order where the minor is committed or
25		placed in accordance with Section 5-740 shall provide for the
26		parents or guardian of the estate of the minor to pay to the

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1		legal custodian or guardian of the person of the minor such
2		sums as are determined by the custodian or guardian of the
3		person of the minor as necessary for the minor's needs. The
4		payments may not exceed the maximum amounts provided for by
5		Section 9.1 of the Children and Family Services Act.
6		(6) Whenever the sentencing order requires the minor to
7		attend school or participate in a program of training, the
8		truant officer or designated school official shall regularly
9		report to the court if the minor is a chronic or habitual
10		truant under Section 26-2a of the School Code. Notwithstanding
11		any other provision of this Act, in instances in which
12		educational services are to be provided to a minor in a
13		residential facility where the minor has been placed by the
14		court, costs incurred in the provision of those educational
15		services must be allocated based on the requirements of the
16		School Code.
17		(7) In no event shall a guilty minor be committed to the
18		Department of Juvenile Justice for a period of time in excess
19		of that period for which an adult could be committed for the
20		same act. The court shall include in the sentencing order a
21		limitation on the period of confinement not to exceed the
22		maximum period of imprisonment the court could impose under
23		Article V of the Unified Code of Corrections.
24		(7.5) In no event shall a guilty minor be committed to the
25		Department of Juvenile Justice or placed in detention when the
26		act for which the minor was adjudicated delinquent would not be

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1		illegal if committed by an adult.
2		(7.6) In no event shall a guilty minor be committed to the
3		Department of Juvenile Justice for an offense which is a Class
4		4 felony under Section 19-4 (criminal trespass to a residence),
5		21-1 (criminal damage to property), 21-1.01 (criminal damage to
6		government supported property), 21-1.3 (criminal defacement of
7		property), 26-1 (disorderly conduct), or 31-4 (obstructing
8		justice) of the Criminal Code of 2012.
9		(7.75) In no event shall a guilty minor be committed to the
10		Department of Juvenile Justice for an offense that is a Class 3
11		or Class 4 felony violation of the Illinois Controlled
12		Substances Act unless the commitment occurs upon a third or
13		subsequent judicial finding of a violation of probation for
14		substantial noncompliance with court-ordered treatment or
15		programming.
16		(8) A minor found to be guilty for reasons that include a
17		violation of Section 21-1.3 of the Criminal Code of 1961 or the
18		Criminal Code of 2012 shall be ordered to perform community
19		service for not less than 30 and not more than 120 hours, if
20		community service is available in the jurisdiction. The
21		community service shall include, but need not be limited to,
22		the cleanup and repair of the damage that was caused by the
23		violation or similar damage to property located in the
24		municipality or county in which the violation occurred. The
25		order may be in addition to any other order authorized by this
26		Section.

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1		(8.5) A minor found to be guilty for reasons that include a
2		violation of Section 3.02 or Section 3.03 of the Humane Care
3		for Animals Act or paragraph (d) of subsection (1) of Section
4		21-1 of the Criminal Code of 1961 or paragraph (4) of
5		subsection (a) of Section 21-1 of the Criminal Code of 2012
6		shall be ordered to undergo medical or psychiatric treatment
7		rendered by a psychiatrist or psychological treatment rendered
8		by a clinical psychologist. The order may be in addition to any
9		other order authorized by this Section.
10		(9) In addition to any other sentencing order, the court
11		shall order any minor found to be guilty for an act which would
12		constitute, predatory criminal sexual assault of a child,
13		aggravated criminal sexual assault, criminal sexual assault,
14		aggravated criminal sexual abuse, or criminal sexual abuse if
15		committed by an adult to undergo medical testing to determine
16		whether the defendant has any sexually transmissible disease
17		including a test for infection with human immunodeficiency
18		virus (HIV) or any other identified causative agency of
19		acquired immunodeficiency syndrome (AIDS). Any medical test
20		shall be performed only by appropriately licensed medical
21		practitioners and may include an analysis of any bodily fluids
22		as well as an examination of the minor's person. Except as
23		otherwise provided by law, the results of the test shall be
24		kept strictly confidential by all medical personnel involved in
25		the testing and must be personally delivered in a sealed
26		envelope to the judge of the court in which the sentencing

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1		order was entered for the judge's inspection in camera. Acting
2		in accordance with the best interests of the victim and the
3		public, the judge shall have the discretion to determine to
4		whom the results of the testing may be revealed. The court
5		shall notify the minor of the results of the test for infection
6		with the human immunodeficiency virus (HIV). The court shall
7		also notify the victim if requested by the victim, and if the
8		victim is under the age of 15 and if requested by the victim's
9		parents or legal guardian, the court shall notify the victim's
10		parents or the legal guardian, of the results of the test for
11		infection with the human immunodeficiency virus (HIV). The
12		court shall provide information on the availability of HIV
13		testing and counseling at the Department of Public Health
14		facilities to all parties to whom the results of the testing
15		are revealed. The court shall order that the cost of any test
16		shall be paid by the county and may be taxed as costs against
17		the minor.
18		(10) When a court finds a minor to be guilty the court
19		shall, before entering a sentencing order under this Section,
20		make a finding whether the offense committed either: (a) was
21		related to or in furtherance of the criminal activities of an
22		organized gang or was motivated by the minor's membership in or
23		allegiance to an organized gang, or (b) involved a violation of
24		subsection (a) of Section 12-7.1 of the Criminal Code of 1961
25		or the Criminal Code of 2012, a violation of any Section of
26		Article 24 of the Criminal Code of 1961 or the Criminal Code of

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1		2012, or a violation of any statute that involved the wrongful
2		use of a firearm. If the court determines the question in the
3		affirmative, and the court does not commit the minor to the
4		Department of Juvenile Justice, the court shall order the minor
5		to perform community service for not less than 30 hours nor
6		more than 120 hours, provided that community service is
7		available in the jurisdiction and is funded and approved by the
8		county board of the county where the offense was committed. The
9		community service shall include, but need not be limited to,
10		the cleanup and repair of any damage caused by a violation of
11		Section 21-1.3 of the Criminal Code of 1961 or the Criminal
12		Code of 2012 and similar damage to property located in the
13		municipality or county in which the violation occurred. When
14		possible and reasonable, the community service shall be
15		performed in the minor's neighborhood. This order shall be in
16		addition to any other order authorized by this Section except
17		for an order to place the minor in the custody of the
18		Department of Juvenile Justice. For the purposes of this
19		Section, "organized gang" has the meaning ascribed to it in
20		Section 10 of the Illinois Streetgang Terrorism Omnibus
21		Prevention Act.
22		(11) If the court determines that the offense was committed
23		in furtherance of the criminal activities of an organized gang,
24		as provided in subsection (10), and that the offense involved
25		the operation or use of a motor vehicle or the use of a
26		driver's license or permit, the court shall notify the

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1		Secretary of State of that determination and of the period for
2		which the minor shall be denied driving privileges. If, at the
3		time of the determination, the minor does not hold a driver's
4		license or permit, the court shall provide that the minor shall
5		not be issued a driver's license or permit until his or her
6		18th birthday. If the minor holds a driver's license or permit
7		at the time of the determination, the court shall provide that
8		the minor's driver's license or permit shall be revoked until
9		his or her 21st birthday, or until a later date or occurrence
10		determined by the court. If the minor holds a driver's license
11		at the time of the determination, the court may direct the
12		Secretary of State to issue the minor a judicial driving
13		permit, also known as a JDP. The JDP shall be subject to the
14		same terms as a JDP issued under Section 6-206.1 of the
15		Illinois Vehicle Code, except that the court may direct that
16		the JDP be effective immediately.
17		(12) If a minor is found to be guilty of a violation of
18		subsection (a-7) of Section 1 of the Prevention of Tobacco Use
19		by Minors Act, the court may, in its discretion, and upon
20		recommendation by the State's Attorney, order that minor and
21		his or her parents or legal guardian to attend a smoker's
22		education or youth diversion program as defined in that Act if
23		that program is available in the jurisdiction where the
24		offender resides. Attendance at a smoker's education or youth
25		diversion program shall be time-credited against any community
26		service time imposed for any first violation of subsection

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1		(a-7) of Section 1 of that Act. In addition to any other
2		penalty that the court may impose for a violation of subsection
3		(a-7) of Section 1 of that Act, the court, upon request by the
4		State's Attorney, may in its discretion require the offender to
5		remit a fee for his or her attendance at a smoker's education
6		or youth diversion program.
7		For purposes of this Section, "smoker's education program"
8		or "youth diversion program" includes, but is not limited to, a
9		seminar designed to educate a person on the physical and
10		psychological effects of smoking tobacco products and the
11		health consequences of smoking tobacco products that can be
12		conducted with a locality's youth diversion program.
13		In addition to any other penalty that the court may impose
14		under this subsection (12):
15		(a) If a minor violates subsection (a-7) of Section 1
16		of the Prevention of Tobacco Use by Minors Act, the court
17		may impose a sentence of 15 hours of community service or a
18		fine of $25 for a first violation.
19		(b) A second violation by a minor of subsection (a-7)
20		of Section 1 of that Act that occurs within 12 months after
21		the first violation is punishable by a fine of $50 and 25
22		hours of community service.
23		(c) A third or subsequent violation by a minor of
24		subsection (a-7) of Section 1 of that Act that occurs
25		within 12 months after the first violation is punishable by
26		a $100 fine and 30 hours of community service.

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1		(d) Any second or subsequent violation not within the
2		12-month time period after the first violation is
3		punishable as provided for a first violation.
4		(Source: P.A. 99-268, eff. 1-1-16; 99-628, eff. 1-1-17; 99-879,
5		eff. 1-1-17; 100-201, eff. 8-18-17; 100-431, eff. 8-25-17.)
6		Section 95. The Criminal Code of 2012 is amended by
7		changing Section 29B-1 as follows:
8		(720 ILCS 5/29B-1) (from Ch. 38, par. 29B-1)
9		(Text of Section before amendment by P.A. 100-512)
10		Sec. 29B-1. (a) A person commits the offense of money
11		laundering:
12		(1) when, knowing that the property involved in a
13		financial transaction represents the proceeds of some form
14		of unlawful activity, he or she conducts or attempts to
15		conduct such a financial transaction which in fact involves
16		criminally derived property:
17		(A) with the intent to promote the carrying on of
18		the unlawful activity from which the criminally
19		derived property was obtained; or
20		(B) where he or she knows or reasonably should know
21		that the financial transaction is designed in whole or
22		in part:
23		(i) to conceal or disguise the nature, the
24		location, the source, the ownership or the control

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1		of the criminally derived property; or
2		(ii) to avoid a transaction reporting
3		requirement under State law; or
4		(1.5) when he or she transports, transmits, or
5		transfers, or attempts to transport, transmit, or transfer
6		a monetary instrument:
7		(A) with the intent to promote the carrying on of
8		the unlawful activity from which the criminally
9		derived property was obtained; or
10		(B) knowing, or having reason to know, that the
11		financial transaction is designed in whole or in part:
12		(i) to conceal or disguise the nature, the
13		location, the source, the ownership or the control
14		of the criminally derived property; or
15		(ii) to avoid a transaction reporting
16		requirement under State law; or
17		(2) when, with the intent to:
18		(A) promote the carrying on of a specified criminal
19		activity as defined in this Article; or
20		(B) conceal or disguise the nature, location,
21		source, ownership, or control of property believed to
22		be the proceeds of a specified criminal activity as
23		defined by subdivision (b)(6); or
24		(C) avoid a transaction reporting requirement
25		under State law,
26		he or she conducts or attempts to conduct a financial

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1		transaction involving property he or she believes to be the
2		proceeds of specified criminal activity as defined by
3		subdivision (b)(6) or property used to conduct or
4		facilitate specified criminal activity as defined by
5		subdivision (b)(6).
6		(b) As used in this Section:
7		(0.5) "Knowing that the property involved in a
8		financial transaction represents the proceeds of some form
9		of unlawful activity" means that the person knew the
10		property involved in the transaction represented proceeds
11		from some form, though not necessarily which form, of
12		activity that constitutes a felony under State, federal, or
13		foreign law.
14		(1) "Financial transaction" means a purchase, sale,
15		loan, pledge, gift, transfer, delivery or other
16		disposition utilizing criminally derived property, and
17		with respect to financial institutions, includes a
18		deposit, withdrawal, transfer between accounts, exchange
19		of currency, loan, extension of credit, purchase or sale of
20		any stock, bond, certificate of deposit or other monetary
21		instrument, use of safe deposit box, or any other payment,
22		transfer or delivery by, through, or to a financial
23		institution. For purposes of clause (a)(2) of this Section,
24		the term "financial transaction" also means a transaction
25		which without regard to whether the funds, monetary
26		instruments, or real or personal property involved in the

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1		transaction are criminally derived, any transaction which
2		in any way or degree: (1) involves the movement of funds by
3		wire or any other means; (2) involves one or more monetary
4		instruments; or (3) the transfer of title to any real or
5		personal property. The receipt by an attorney of bona fide
6		fees for the purpose of legal representation is not a
7		financial transaction for purposes of this Section.
8		(2) "Financial institution" means any bank; saving and
9		loan association; trust company; agency or branch of a
10		foreign bank in the United States; currency exchange;
11		credit union, mortgage banking institution; pawnbroker;
12		loan or finance company; operator of a credit card system;
13		issuer, redeemer or cashier of travelers checks, checks or
14		money orders; dealer in precious metals, stones or jewels;
15		broker or dealer in securities or commodities; investment
16		banker; or investment company.
17		(3) "Monetary instrument" means United States coins
18		and currency; coins and currency of a foreign country;
19		travelers checks; personal checks, bank checks, and money
20		orders; investment securities; bearer negotiable
21		instruments; bearer investment securities; or bearer
22		securities and certificates of stock in such form that
23		title thereto passes upon delivery.
24		(4) "Criminally derived property" means: (A) any
25		property, real or personal, constituting or derived from
26		proceeds obtained, directly or indirectly, from activity

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1		that constitutes a felony under State, federal, or foreign
2		law; or (B) any property represented to be property
3		constituting or derived from proceeds obtained, directly
4		or indirectly, from activity that constitutes a felony
5		under State, federal, or foreign law.
6		(5) "Conduct" or "conducts" includes, in addition to
7		its ordinary meaning, initiating, concluding, or
8		participating in initiating or concluding a transaction.
9		(6) "Specified criminal activity" means any violation
10		of Section 29D-15.1 (720 ILCS 5/29D-15.1) and any violation
11		of Article 29D of this Code.
12		(7) "Director" means the Director of State Police or
13		his or her designated agents.
14		(8) "Department" means the Department of State Police
15		of the State of Illinois or its successor agency.
16		(9) "Transaction reporting requirement under State
17		law" means any violation as defined under the Currency
18		Reporting Act.
19		(c) Sentence.
20		(1) Laundering of criminally derived property of a
21		value not exceeding $10,000 is a Class 3 felony;
22		(2) Laundering of criminally derived property of a
23		value exceeding $10,000 but not exceeding $100,000 is a
24		Class 2 felony;
25		(3) Laundering of criminally derived property of a
26		value exceeding $100,000 but not exceeding $500,000 is a

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1		Class 1 felony;
2		(4) Money laundering in violation of subsection (a)(2)
3		of this Section is a Class X felony;
4		(5) Laundering of criminally derived property of a
5		value exceeding $500,000 is a Class 1 non-probationable
6		felony;
7		(6) In a prosecution under clause (a)(1.5)(B)(ii) of
8		this Section, the sentences are as follows:
9		(A) Laundering of property of a value not exceeding
10		$10,000 is a Class 3 felony;
11		(B) Laundering of property of a value exceeding
12		$10,000 but not exceeding $100,000 is a Class 2 felony;
13		(C) Laundering of property of a value exceeding
14		$100,000 but not exceeding $500,000 is a Class 1
15		felony;
16		(D) Laundering of property of a value exceeding
17		$500,000 is a Class 1 non-probationable felony.
18		(d) Evidence. In a prosecution under this Article, either
19		party may introduce the following evidence pertaining to the
20		issue of whether the property or proceeds were known to be some
21		form of criminally derived property or from some form of
22		unlawful activity:
23		(1) A financial transaction was conducted or
24		structured or attempted in violation of the reporting
25		requirements of any State or federal law; or
26		(2) A financial transaction was conducted or attempted

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1		with the use of a false or fictitious name or a forged
2		instrument; or
3		(3) A falsely altered or completed written instrument
4		or a written instrument that contains any materially false
5		personal identifying information was made, used, offered
6		or presented, whether accepted or not, in connection with a
7		financial transaction; or
8		(4) A financial transaction was structured or
9		attempted to be structured so as to falsely report the
10		actual consideration or value of the transaction; or
11		(5) A money transmitter, a person engaged in a trade or
12		business or any employee of a money transmitter or a person
13		engaged in a trade or business, knows or reasonably should
14		know that false personal identifying information has been
15		presented and incorporates the false personal identifying
16		information into any report or record; or
17		(6) The criminally derived property is transported or
18		possessed in a fashion inconsistent with the ordinary or
19		usual means of transportation or possession of such
20		property and where the property is discovered in the
21		absence of any documentation or other indicia of legitimate
22		origin or right to such property; or
23		(7) A person pays or receives substantially less than
24		face value for one or more monetary instruments; or
25		(8) A person engages in a transaction involving one or
26		more monetary instruments, where the physical condition or

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1		form of the monetary instrument or instruments makes it
2		apparent that they are not the product of bona fide
3		business or financial transactions.
4		(e) Duty to enforce this Article.
5		(1) It is the duty of the Department of State Police,
6		and its agents, officers, and investigators, to enforce all
7		provisions of this Article, except those specifically
8		delegated, and to cooperate with all agencies charged with
9		the enforcement of the laws of the United States, or of any
10		state, relating to money laundering. Only an agent,
11		officer, or investigator designated by the Director may be
12		authorized in accordance with this Section to serve seizure
13		notices, warrants, subpoenas, and summonses under the
14		authority of this State.
15		(2) Any agent, officer, investigator, or peace officer
16		designated by the Director may: (A) make seizure of
17		property pursuant to the provisions of this Article; and
18		(B) perform such other law enforcement duties as the
19		Director designates. It is the duty of all State's
20		Attorneys to prosecute violations of this Article and
21		institute legal proceedings as authorized under this
22		Article.
23		(f) Protective orders.
24		(1) Upon application of the State, the court may enter
25		a restraining order or injunction, require the execution of
26		a satisfactory performance bond, or take any other action

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1		to preserve the availability of property described in
2		subsection (h) for forfeiture under this Article:
3		(A) upon the filing of an indictment, information,
4		or complaint charging a violation of this Article for
5		which forfeiture may be ordered under this Article and
6		alleging that the property with respect to which the
7		order is sought would be subject to forfeiture under
8		this Article; or
9		(B) prior to the filing of such an indictment,
10		information, or complaint, if, after notice to persons
11		appearing to have an interest in the property and
12		opportunity for a hearing, the court determines that:
13		(i) there is probable cause to believe that the
14		State will prevail on the issue of forfeiture and
15		that failure to enter the order will result in the
16		property being destroyed, removed from the
17		jurisdiction of the court, or otherwise made
18		unavailable for forfeiture; and
19		(ii) the need to preserve the availability of
20		the property through the entry of the requested
21		order outweighs the hardship on any party against
22		whom the order is to be entered.
23		Provided, however, that an order entered pursuant
24		to subparagraph (B) shall be effective for not more
25		than 90 days, unless extended by the court for good
26		cause shown or unless an indictment, information,

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1		complaint, or administrative notice has been filed.
2		(2) A temporary restraining order under this
3		subsection may be entered upon application of the State
4		without notice or opportunity for a hearing when an
5		indictment, information, complaint, or administrative
6		notice has not yet been filed with respect to the property,
7		if the State demonstrates that there is probable cause to
8		believe that the property with respect to which the order
9		is sought would be subject to forfeiture under this Section
10		and that provision of notice will jeopardize the
11		availability of the property for forfeiture. Such a
12		temporary order shall expire not more than 30 days after
13		the date on which it is entered, unless extended for good
14		cause shown or unless the party against whom it is entered
15		consents to an extension for a longer period. A hearing
16		requested concerning an order entered under this paragraph
17		shall be held at the earliest possible time and prior to
18		the expiration of the temporary order.
19		(3) The court may receive and consider, at a hearing
20		held pursuant to this subsection (f), evidence and
21		information that would be inadmissible under the Illinois
22		rules of evidence.
23		(4) Order to repatriate and deposit.
24		(A) In general. Pursuant to its authority to enter
25		a pretrial restraining order under this Section, the
26		court may order a defendant to repatriate any property

SB2834 Engrossed - 346 - LRB100 16078 KTG 33917 b
1		that may be seized and forfeited and to deposit that
2		property pending trial with the Illinois State Police
3		or another law enforcement agency designated by the
4		Illinois State Police.
5		(B) Failure to comply. Failure to comply with an
6		order under this subsection (f) is punishable as a
7		civil or criminal contempt of court.
8		(g) Warrant of seizure. The State may request the issuance
9		of a warrant authorizing the seizure of property described in
10		subsection (h) in the same manner as provided for a search
11		warrant. If the court determines that there is probable cause
12		to believe that the property to be seized would be subject to
13		forfeiture, the court shall issue a warrant authorizing the
14		seizure of such property.
15		(h) Forfeiture.
16		(1) The following are subject to forfeiture:
17		(A) any property, real or personal, constituting,
18		derived from, or traceable to any proceeds the person
19		obtained directly or indirectly, as a result of a
20		violation of this Article;
21		(B) any of the person's property used, or intended
22		to be used, in any manner or part, to commit, or to
23		facilitate the commission of, a violation of this
24		Article;
25		(C) all conveyances, including aircraft, vehicles
26		or vessels, which are used, or intended for use, to

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1		transport, or in any manner to facilitate the
2		transportation, sale, receipt, possession, or
3		concealment of property described in subparagraphs (A)
4		and (B), but:
5		(i) no conveyance used by any person as a
6		common carrier in the transaction of business as a
7		common carrier is subject to forfeiture under this
8		Section unless it appears that the owner or other
9		person in charge of the conveyance is a consenting
10		party or privy to a violation of this Article;
11		(ii) no conveyance is subject to forfeiture
12		under this Section by reason of any act or omission
13		which the owner proves to have been committed or
14		omitted without his or her knowledge or consent;
15		(iii) a forfeiture of a conveyance encumbered
16		by a bona fide security interest is subject to the
17		interest of the secured party if he or she neither
18		had knowledge of nor consented to the act or
19		omission;
20		(D) all real property, including any right, title,
21		and interest (including, but not limited to, any
22		leasehold interest or the beneficial interest in a land
23		trust) in the whole of any lot or tract of land and any
24		appurtenances or improvements, which is used or
25		intended to be used, in any manner or part, to commit,
26		or in any manner to facilitate the commission of, any

SB2834 Engrossed - 348 - LRB100 16078 KTG 33917 b
1		violation of this Article or that is the proceeds of
2		any violation or act that constitutes a violation of
3		this Article.
4		(2) Property subject to forfeiture under this Article
5		may be seized by the Director or any peace officer upon
6		process or seizure warrant issued by any court having
7		jurisdiction over the property. Seizure by the Director or
8		any peace officer without process may be made:
9		(A) if the seizure is incident to a seizure
10		warrant;
11		(B) if the property subject to seizure has been the
12		subject of a prior judgment in favor of the State in a
13		criminal proceeding, or in an injunction or forfeiture
14		proceeding based upon this Article;
15		(C) if there is probable cause to believe that the
16		property is directly or indirectly dangerous to health
17		or safety;
18		(D) if there is probable cause to believe that the
19		property is subject to forfeiture under this Article
20		and the property is seized under circumstances in which
21		a warrantless seizure or arrest would be reasonable; or
22		(E) in accordance with the Code of Criminal
23		Procedure of 1963.
24		(3) In the event of seizure pursuant to paragraph (2),
25		forfeiture proceedings shall be instituted in accordance
26		with subsections (i) through (r).

SB2834 Engrossed - 349 - LRB100 16078 KTG 33917 b
1		(4) Property taken or detained under this Section shall
2		not be subject to replevin, but is deemed to be in the
3		custody of the Director subject only to the order and
4		judgments of the circuit court having jurisdiction over the
5		forfeiture proceedings and the decisions of the State's
6		Attorney under this Article. When property is seized under
7		this Article, the seizing agency shall promptly conduct an
8		inventory of the seized property and estimate the
9		property's value and shall forward a copy of the inventory
10		of seized property and the estimate of the property's value
11		to the Director. Upon receiving notice of seizure, the
12		Director may:
13		(A) place the property under seal;
14		(B) remove the property to a place designated by
15		the Director;
16		(C) keep the property in the possession of the
17		seizing agency;
18		(D) remove the property to a storage area for
19		safekeeping or, if the property is a negotiable
20		instrument or money and is not needed for evidentiary
21		purposes, deposit it in an interest bearing account;
22		(E) place the property under constructive seizure
23		by posting notice of pending forfeiture on it, by
24		giving notice of pending forfeiture to its owners and
25		interest holders, or by filing notice of pending
26		forfeiture in any appropriate public record relating

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1		to the property; or
2		(F) provide for another agency or custodian,
3		including an owner, secured party, or lienholder, to
4		take custody of the property upon the terms and
5		conditions set by the Director.
6		(5) When property is forfeited under this Article, the
7		Director shall sell all such property unless such property
8		is required by law to be destroyed or is harmful to the
9		public, and shall distribute the proceeds of the sale,
10		together with any moneys forfeited or seized, in accordance
11		with paragraph (6). However, upon the application of the
12		seizing agency or prosecutor who was responsible for the
13		investigation, arrest or arrests and prosecution which
14		lead to the forfeiture, the Director may return any item of
15		forfeited property to the seizing agency or prosecutor for
16		official use in the enforcement of laws, if the agency or
17		prosecutor can demonstrate that the item requested would be
18		useful to the agency or prosecutor in its enforcement
19		efforts. When any real property returned to the seizing
20		agency is sold by the agency or its unit of government, the
21		proceeds of the sale shall be delivered to the Director and
22		distributed in accordance with paragraph (6).
23		(6) All monies and the sale proceeds of all other
24		property forfeited and seized under this Article shall be
25		distributed as follows:
26		(A) 65% shall be distributed to the metropolitan

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1		enforcement group, local, municipal, county, or State
2		law enforcement agency or agencies which conducted or
3		participated in the investigation resulting in the
4		forfeiture. The distribution shall bear a reasonable
5		relationship to the degree of direct participation of
6		the law enforcement agency in the effort resulting in
7		the forfeiture, taking into account the total value of
8		the property forfeited and the total law enforcement
9		effort with respect to the violation of the law upon
10		which the forfeiture is based. Amounts distributed to
11		the agency or agencies shall be used for the
12		enforcement of laws.
13		(B)(i) 12.5% shall be distributed to the Office of
14		the State's Attorney of the county in which the
15		prosecution resulting in the forfeiture was
16		instituted, deposited in a special fund in the county
17		treasury and appropriated to the State's Attorney for
18		use in the enforcement of laws. In counties over
19		3,000,000 population, 25% shall be distributed to the
20		Office of the State's Attorney for use in the
21		enforcement of laws. If the prosecution is undertaken
22		solely by the Attorney General, the portion provided
23		hereunder shall be distributed to the Attorney General
24		for use in the enforcement of laws.
25		(ii) 12.5% shall be distributed to the Office of
26		the State's Attorneys Appellate Prosecutor and

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1		deposited in the Narcotics Profit Forfeiture Fund of
2		that office to be used for additional expenses incurred
3		in the investigation, prosecution and appeal of cases
4		arising under laws. The Office of the State's Attorneys
5		Appellate Prosecutor shall not receive distribution
6		from cases brought in counties with over 3,000,000
7		population.
8		(C) 10% shall be retained by the Department of
9		State Police for expenses related to the
10		administration and sale of seized and forfeited
11		property.
12		Moneys and the sale proceeds distributed to the
13		Department of State Police under this Article shall be
14		deposited in the Money Laundering Asset Recovery Fund
15		created in the State treasury and shall be used by the
16		Department of State Police for State law enforcement
17		purposes.
18		(7) All moneys and sale proceeds of property forfeited
19		and seized under this Article and distributed according to
20		paragraph (6) may also be used to purchase opioid
21		antagonists as defined in Section 5-23 of the Alcoholism
22		and Other Drug Abuse and Dependency Act.
23		(i) Notice to owner or interest holder.
24		(1) Whenever notice of pending forfeiture or service of
25		an in rem complaint is required under the provisions of
26		this Article, such notice or service shall be given as

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1		follows:
2		(A) If the owner's or interest holder's name and
3		current address are known, then by either personal
4		service or mailing a copy of the notice by certified
5		mail, return receipt requested, to that address. For
6		purposes of notice under this Section, if a person has
7		been arrested for the conduct giving rise to the
8		forfeiture, then the address provided to the arresting
9		agency at the time of arrest shall be deemed to be that
10		person's known address. Provided, however, if an owner
11		or interest holder's address changes prior to the
12		effective date of the notice of pending forfeiture, the
13		owner or interest holder shall promptly notify the
14		seizing agency of the change in address or, if the
15		owner or interest holder's address changes subsequent
16		to the effective date of the notice of pending
17		forfeiture, the owner or interest holder shall
18		promptly notify the State's Attorney of the change in
19		address; or
20		(B) If the property seized is a conveyance, to the
21		address reflected in the office of the agency or
22		official in which title or interest to the conveyance
23		is required by law to be recorded, then by mailing a
24		copy of the notice by certified mail, return receipt
25		requested, to that address; or
26		(C) If the owner's or interest holder's address is

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1		not known, and is not on record as provided in
2		paragraph (B), then by publication for 3 successive
3		weeks in a newspaper of general circulation in the
4		county in which the seizure occurred.
5		(2) Notice served under this Article is effective upon
6		personal service, the last date of publication, or the
7		mailing of written notice, whichever is earlier.
8		(j) Notice to State's Attorney. The law enforcement agency
9		seizing property for forfeiture under this Article shall,
10		within 90 days after seizure, notify the State's Attorney for
11		the county, either where an act or omission giving rise to the
12		forfeiture occurred or where the property was seized, of the
13		seizure of the property and the facts and circumstances giving
14		rise to the seizure and shall provide the State's Attorney with
15		the inventory of the property and its estimated value. When the
16		property seized for forfeiture is a vehicle, the law
17		enforcement agency seizing the property shall immediately
18		notify the Secretary of State that forfeiture proceedings are
19		pending regarding such vehicle.
20		(k) Non-judicial forfeiture. If non-real property that
21		exceeds $20,000 in value excluding the value of any conveyance,
22		or if real property is seized under the provisions of this
23		Article, the State's Attorney shall institute judicial in rem
24		forfeiture proceedings as described in subsection (l) of this
25		Section within 45 days from receipt of notice of seizure from
26		the seizing agency under subsection (j) of this Section.

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1		However, if non-real property that does not exceed $20,000 in
2		value excluding the value of any conveyance is seized, the
3		following procedure shall be used:
4		(1) If, after review of the facts surrounding the
5		seizure, the State's Attorney is of the opinion that the
6		seized property is subject to forfeiture, then within 45
7		days after the receipt of notice of seizure from the
8		seizing agency, the State's Attorney shall cause notice of
9		pending forfeiture to be given to the owner of the property
10		and all known interest holders of the property in
11		accordance with subsection (i) of this Section.
12		(2) The notice of pending forfeiture must include a
13		description of the property, the estimated value of the
14		property, the date and place of seizure, the conduct giving
15		rise to forfeiture or the violation of law alleged, and a
16		summary of procedures and procedural rights applicable to
17		the forfeiture action.
18		(3)(A) Any person claiming an interest in property
19		which is the subject of notice under paragraph (1) of this
20		subsection (k), must, in order to preserve any rights or
21		claims to the property, within 45 days after the effective
22		date of notice as described in subsection (i) of this
23		Section, file a verified claim with the State's Attorney
24		expressing his or her interest in the property. The claim
25		must set forth:
26		(i) the caption of the proceedings as set forth on

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1		the notice of pending forfeiture and the name of the
2		claimant;
3		(ii) the address at which the claimant will accept
4		mail;
5		(iii) the nature and extent of the claimant's
6		interest in the property;
7		(iv) the date, identity of the transferor, and
8		circumstances of the claimant's acquisition of the
9		interest in the property;
10		(v) the name and address of all other persons known
11		to have an interest in the property;
12		(vi) the specific provision of law relied on in
13		asserting the property is not subject to forfeiture;
14		(vii) all essential facts supporting each
15		assertion; and
16		(viii) the relief sought.
17		(B) If a claimant files the claim and deposits with the
18		State's Attorney a cost bond, in the form of a cashier's
19		check payable to the clerk of the court, in the sum of 10%
20		of the reasonable value of the property as alleged by the
21		State's Attorney or the sum of $100, whichever is greater,
22		upon condition that, in the case of forfeiture, the
23		claimant must pay all costs and expenses of forfeiture
24		proceedings, then the State's Attorney shall institute
25		judicial in rem forfeiture proceedings and deposit the cost
26		bond with the clerk of the court as described in subsection

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1		(l) of this Section within 45 days after receipt of the
2		claim and cost bond. In lieu of a cost bond, a person
3		claiming interest in the seized property may file, under
4		penalty of perjury, an indigency affidavit which has been
5		approved by a circuit court judge.
6		(C) If none of the seized property is forfeited in the
7		judicial in rem proceeding, the clerk of the court shall
8		return to the claimant, unless the court orders otherwise,
9		90% of the sum which has been deposited and shall retain as
10		costs 10% of the money deposited. If any of the seized
11		property is forfeited under the judicial forfeiture
12		proceeding, the clerk of the court shall transfer 90% of
13		the sum which has been deposited to the State's Attorney
14		prosecuting the civil forfeiture to be applied to the costs
15		of prosecution and the clerk shall retain as costs 10% of
16		the sum deposited.
17		(4) If no claim is filed or bond given within the 45
18		day period as described in paragraph (3) of this subsection
19		(k), the State's Attorney shall declare the property
20		forfeited and shall promptly notify the owner and all known
21		interest holders of the property and the Director of State
22		Police of the declaration of forfeiture and the Director
23		shall dispose of the property in accordance with law.
24		(l) Judicial in rem procedures. If property seized under
25		the provisions of this Article is non-real property that
26		exceeds $20,000 in value excluding the value of any conveyance,

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1		or is real property, or a claimant has filed a claim and a cost
2		bond under paragraph (3) of subsection (k) of this Section, the
3		following judicial in rem procedures shall apply:
4		(1) If, after a review of the facts surrounding the
5		seizure, the State's Attorney is of the opinion that the
6		seized property is subject to forfeiture, then within 45
7		days of the receipt of notice of seizure by the seizing
8		agency or the filing of the claim and cost bond, whichever
9		is later, the State's Attorney shall institute judicial
10		forfeiture proceedings by filing a verified complaint for
11		forfeiture and, if the claimant has filed a claim and cost
12		bond, by depositing the cost bond with the clerk of the
13		court. When authorized by law, a forfeiture must be ordered
14		by a court on an action in rem brought by a State's
15		Attorney under a verified complaint for forfeiture.
16		(2) During the probable cause portion of the judicial
17		in rem proceeding wherein the State presents its
18		case-in-chief, the court must receive and consider, among
19		other things, all relevant hearsay evidence and
20		information. The laws of evidence relating to civil actions
21		apply to all other portions of the judicial in rem
22		proceeding.
23		(3) Only an owner of or interest holder in the property
24		may file an answer asserting a claim against the property
25		in the action in rem. For purposes of this Section, the
26		owner or interest holder shall be referred to as claimant.

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1		Upon motion of the State, the court shall first hold a
2		hearing, wherein any claimant must establish by a
3		preponderance of the evidence, that he or she has a lawful,
4		legitimate ownership interest in the property and that it
5		was obtained through a lawful source.
6		(4) The answer must be signed by the owner or interest
7		holder under penalty of perjury and must set forth:
8		(A) the caption of the proceedings as set forth on
9		the notice of pending forfeiture and the name of the
10		claimant;
11		(B) the address at which the claimant will accept
12		mail;
13		(C) the nature and extent of the claimant's
14		interest in the property;
15		(D) the date, identity of transferor, and
16		circumstances of the claimant's acquisition of the
17		interest in the property;
18		(E) the name and address of all other persons known
19		to have an interest in the property;
20		(F) all essential facts supporting each assertion;
21		and
22		(G) the precise relief sought.
23		(5) The answer must be filed with the court within 45
24		days after service of the civil in rem complaint.
25		(6) The hearing must be held within 60 days after
26		filing of the answer unless continued for good cause.

SB2834 Engrossed - 360 - LRB100 16078 KTG 33917 b
1		(7) The State shall show the existence of probable
2		cause for forfeiture of the property. If the State shows
3		probable cause, the claimant has the burden of showing by a
4		preponderance of the evidence that the claimant's interest
5		in the property is not subject to forfeiture.
6		(8) If the State does not show existence of probable
7		cause, the court shall order the interest in the property
8		returned or conveyed to the claimant and shall order all
9		other property forfeited to the State. If the State does
10		show existence of probable cause, the court shall order all
11		property forfeited to the State.
12		(9) A defendant convicted in any criminal proceeding is
13		precluded from later denying the essential allegations of
14		the criminal offense of which the defendant was convicted
15		in any proceeding under this Article regardless of the
16		pendency of an appeal from that conviction. However,
17		evidence of the pendency of an appeal is admissible.
18		(10) An acquittal or dismissal in a criminal proceeding
19		does not preclude civil proceedings under this Article;
20		however, for good cause shown, on a motion by the State's
21		Attorney, the court may stay civil forfeiture proceedings
22		during the criminal trial for a related criminal indictment
23		or information alleging a money laundering violation. Such
24		a stay shall not be available pending an appeal. Property
25		subject to forfeiture under this Article shall not be
26		subject to return or release by a court exercising

SB2834 Engrossed - 361 - LRB100 16078 KTG 33917 b
1		jurisdiction over a criminal case involving the seizure of
2		such property unless such return or release is consented to
3		by the State's Attorney.
4		(11) All property declared forfeited under this
5		Article vests in this State on the commission of the
6		conduct giving rise to forfeiture together with the
7		proceeds of the property after that time. Any such property
8		or proceeds subsequently transferred to any person remain
9		subject to forfeiture and thereafter shall be ordered
10		forfeited.
11		(12) A civil action under this Article must be
12		commenced within 5 years after the last conduct giving rise
13		to forfeiture became known or should have become known or 5
14		years after the forfeitable property is discovered,
15		whichever is later, excluding any time during which either
16		the property or claimant is out of the State or in
17		confinement or during which criminal proceedings relating
18		to the same conduct are in progress.
19		(m) Stay of time periods. If property is seized for
20		evidence and for forfeiture, the time periods for instituting
21		judicial and non-judicial forfeiture proceedings shall not
22		begin until the property is no longer necessary for evidence.
23		(n) Settlement of claims. Notwithstanding other provisions
24		of this Article, the State's Attorney and a claimant of seized
25		property may enter into an agreed-upon settlement concerning
26		the seized property in such an amount and upon such terms as

SB2834 Engrossed - 362 - LRB100 16078 KTG 33917 b
1		are set out in writing in a settlement agreement.
2		(o) Property constituting attorney fees. Nothing in this
3		Article applies to property which constitutes reasonable bona
4		fide attorney's fees paid to an attorney for services rendered
5		or to be rendered in the forfeiture proceeding or criminal
6		proceeding relating directly thereto where such property was
7		paid before its seizure, before the issuance of any seizure
8		warrant or court order prohibiting transfer of the property and
9		where the attorney, at the time he or she received the property
10		did not know that it was property subject to forfeiture under
11		this Article.
12		(p) Construction. It is the intent of the General Assembly
13		that the forfeiture provisions of this Article be liberally
14		construed so as to effect their remedial purpose. The
15		forfeiture of property and other remedies hereunder shall be
16		considered to be in addition to, and not exclusive of, any
17		sentence or other remedy provided by law.
18		(q) Judicial review. If property has been declared
19		forfeited under subsection (k) of this Section, any person who
20		has an interest in the property declared forfeited may, within
21		30 days after the effective date of the notice of the
22		declaration of forfeiture, file a claim and cost bond as
23		described in paragraph (3) of subsection (k) of this Section.
24		If a claim and cost bond is filed under this Section, then the
25		procedures described in subsection (l) of this Section apply.
26		(r) Burden of proof of exemption or exception. It is not

SB2834 Engrossed - 363 - LRB100 16078 KTG 33917 b
1		necessary for the State to negate any exemption or exception in
2		this Article in any complaint, information, indictment or other
3		pleading or in any trial, hearing, or other proceeding under
4		this Article. The burden of proof of any exemption or exception
5		is upon the person claiming it.
6		(s) Review of administrative decisions. All administrative
7		findings, rulings, final determinations, findings, and
8		conclusions of the State's Attorney's Office under this Article
9		are final and conclusive decisions of the matters involved. Any
10		person aggrieved by the decision may obtain review of the
11		decision pursuant to the provisions of the Administrative
12		Review Law and the rules adopted pursuant to that Law. Pending
13		final decision on such review, the administrative acts, orders,
14		and rulings of the State's Attorney's Office remain in full
15		force and effect unless modified or suspended by order of court
16		pending final judicial decision. Pending final decision on such
17		review, the acts, orders, and rulings of the State's Attorney's
18		Office remain in full force and effect, unless stayed by order
19		of court. However, no stay of any decision of the
20		administrative agency shall issue unless the person aggrieved
21		by the decision establishes by a preponderance of the evidence
22		that good cause exists for the stay. In determining good cause,
23		the court shall find that the aggrieved party has established a
24		substantial likelihood of prevailing on the merits and that
25		granting the stay will not have an injurious effect on the
26		general public.

SB2834 Engrossed - 364 - LRB100 16078 KTG 33917 b
1		(Source: P.A. 99-480, eff. 9-9-15.)
2		(Text of Section after amendment by P.A. 100-512)
3		Sec. 29B-1. (a) A person commits the offense of money
4		laundering:
5		(1) when, knowing that the property involved in a
6		financial transaction represents the proceeds of some form
7		of unlawful activity, he or she conducts or attempts to
8		conduct such a financial transaction which in fact involves
9		criminally derived property:
10		(A) with the intent to promote the carrying on of
11		the unlawful activity from which the criminally
12		derived property was obtained; or
13		(B) where he or she knows or reasonably should know
14		that the financial transaction is designed in whole or
15		in part:
16		(i) to conceal or disguise the nature, the
17		location, the source, the ownership or the control
18		of the criminally derived property; or
19		(ii) to avoid a transaction reporting
20		requirement under State law; or
21		(1.5) when he or she transports, transmits, or
22		transfers, or attempts to transport, transmit, or transfer
23		a monetary instrument:
24		(A) with the intent to promote the carrying on of
25		the unlawful activity from which the criminally

SB2834 Engrossed - 365 - LRB100 16078 KTG 33917 b
1		derived property was obtained; or
2		(B) knowing, or having reason to know, that the
3		financial transaction is designed in whole or in part:
4		(i) to conceal or disguise the nature, the
5		location, the source, the ownership or the control
6		of the criminally derived property; or
7		(ii) to avoid a transaction reporting
8		requirement under State law; or
9		(2) when, with the intent to:
10		(A) promote the carrying on of a specified criminal
11		activity as defined in this Article; or
12		(B) conceal or disguise the nature, location,
13		source, ownership, or control of property believed to
14		be the proceeds of a specified criminal activity as
15		defined by subdivision (b)(6); or
16		(C) avoid a transaction reporting requirement
17		under State law,
18		he or she conducts or attempts to conduct a financial
19		transaction involving property he or she believes to be the
20		proceeds of specified criminal activity as defined by
21		subdivision (b)(6) or property used to conduct or
22		facilitate specified criminal activity as defined by
23		subdivision (b)(6).
24		(b) As used in this Section:
25		(0.5) "Knowing that the property involved in a
26		financial transaction represents the proceeds of some form

SB2834 Engrossed - 366 - LRB100 16078 KTG 33917 b
1		of unlawful activity" means that the person knew the
2		property involved in the transaction represented proceeds
3		from some form, though not necessarily which form, of
4		activity that constitutes a felony under State, federal, or
5		foreign law.
6		(1) "Financial transaction" means a purchase, sale,
7		loan, pledge, gift, transfer, delivery or other
8		disposition utilizing criminally derived property, and
9		with respect to financial institutions, includes a
10		deposit, withdrawal, transfer between accounts, exchange
11		of currency, loan, extension of credit, purchase or sale of
12		any stock, bond, certificate of deposit or other monetary
13		instrument, use of safe deposit box, or any other payment,
14		transfer or delivery by, through, or to a financial
15		institution. For purposes of clause (a)(2) of this Section,
16		the term "financial transaction" also means a transaction
17		which without regard to whether the funds, monetary
18		instruments, or real or personal property involved in the
19		transaction are criminally derived, any transaction which
20		in any way or degree: (1) involves the movement of funds by
21		wire or any other means; (2) involves one or more monetary
22		instruments; or (3) the transfer of title to any real or
23		personal property. The receipt by an attorney of bona fide
24		fees for the purpose of legal representation is not a
25		financial transaction for purposes of this Section.
26		(2) "Financial institution" means any bank; saving and

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1		loan association; trust company; agency or branch of a
2		foreign bank in the United States; currency exchange;
3		credit union, mortgage banking institution; pawnbroker;
4		loan or finance company; operator of a credit card system;
5		issuer, redeemer or cashier of travelers checks, checks or
6		money orders; dealer in precious metals, stones or jewels;
7		broker or dealer in securities or commodities; investment
8		banker; or investment company.
9		(3) "Monetary instrument" means United States coins
10		and currency; coins and currency of a foreign country;
11		travelers checks; personal checks, bank checks, and money
12		orders; investment securities; bearer negotiable
13		instruments; bearer investment securities; or bearer
14		securities and certificates of stock in such form that
15		title thereto passes upon delivery.
16		(4) "Criminally derived property" means: (A) any
17		property, real or personal, constituting or derived from
18		proceeds obtained, directly or indirectly, from activity
19		that constitutes a felony under State, federal, or foreign
20		law; or (B) any property represented to be property
21		constituting or derived from proceeds obtained, directly
22		or indirectly, from activity that constitutes a felony
23		under State, federal, or foreign law.
24		(5) "Conduct" or "conducts" includes, in addition to
25		its ordinary meaning, initiating, concluding, or
26		participating in initiating or concluding a transaction.

SB2834 Engrossed - 368 - LRB100 16078 KTG 33917 b
1		(6) "Specified criminal activity" means any violation
2		of Section 29D-15.1 (720 ILCS 5/29D-15.1) and any violation
3		of Article 29D of this Code.
4		(7) "Director" means the Director of State Police or
5		his or her designated agents.
6		(8) "Department" means the Department of State Police
7		of the State of Illinois or its successor agency.
8		(9) "Transaction reporting requirement under State
9		law" means any violation as defined under the Currency
10		Reporting Act.
11		(c) Sentence.
12		(1) Laundering of criminally derived property of a
13		value not exceeding $10,000 is a Class 3 felony;
14		(2) Laundering of criminally derived property of a
15		value exceeding $10,000 but not exceeding $100,000 is a
16		Class 2 felony;
17		(3) Laundering of criminally derived property of a
18		value exceeding $100,000 but not exceeding $500,000 is a
19		Class 1 felony;
20		(4) Money laundering in violation of subsection (a)(2)
21		of this Section is a Class X felony;
22		(5) Laundering of criminally derived property of a
23		value exceeding $500,000 is a Class 1 non-probationable
24		felony;
25		(6) In a prosecution under clause (a)(1.5)(B)(ii) of
26		this Section, the sentences are as follows:

SB2834 Engrossed - 369 - LRB100 16078 KTG 33917 b
1		(A) Laundering of property of a value not exceeding
2		$10,000 is a Class 3 felony;
3		(B) Laundering of property of a value exceeding
4		$10,000 but not exceeding $100,000 is a Class 2 felony;
5		(C) Laundering of property of a value exceeding
6		$100,000 but not exceeding $500,000 is a Class 1
7		felony;
8		(D) Laundering of property of a value exceeding
9		$500,000 is a Class 1 non-probationable felony.
10		(d) Evidence. In a prosecution under this Article, either
11		party may introduce the following evidence pertaining to the
12		issue of whether the property or proceeds were known to be some
13		form of criminally derived property or from some form of
14		unlawful activity:
15		(1) A financial transaction was conducted or
16		structured or attempted in violation of the reporting
17		requirements of any State or federal law; or
18		(2) A financial transaction was conducted or attempted
19		with the use of a false or fictitious name or a forged
20		instrument; or
21		(3) A falsely altered or completed written instrument
22		or a written instrument that contains any materially false
23		personal identifying information was made, used, offered
24		or presented, whether accepted or not, in connection with a
25		financial transaction; or
26		(4) A financial transaction was structured or

SB2834 Engrossed - 370 - LRB100 16078 KTG 33917 b
1		attempted to be structured so as to falsely report the
2		actual consideration or value of the transaction; or
3		(5) A money transmitter, a person engaged in a trade or
4		business or any employee of a money transmitter or a person
5		engaged in a trade or business, knows or reasonably should
6		know that false personal identifying information has been
7		presented and incorporates the false personal identifying
8		information into any report or record; or
9		(6) The criminally derived property is transported or
10		possessed in a fashion inconsistent with the ordinary or
11		usual means of transportation or possession of such
12		property and where the property is discovered in the
13		absence of any documentation or other indicia of legitimate
14		origin or right to such property; or
15		(7) A person pays or receives substantially less than
16		face value for one or more monetary instruments; or
17		(8) A person engages in a transaction involving one or
18		more monetary instruments, where the physical condition or
19		form of the monetary instrument or instruments makes it
20		apparent that they are not the product of bona fide
21		business or financial transactions.
22		(e) Duty to enforce this Article.
23		(1) It is the duty of the Department of State Police,
24		and its agents, officers, and investigators, to enforce all
25		provisions of this Article, except those specifically
26		delegated, and to cooperate with all agencies charged with

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1		the enforcement of the laws of the United States, or of any
2		state, relating to money laundering. Only an agent,
3		officer, or investigator designated by the Director may be
4		authorized in accordance with this Section to serve seizure
5		notices, warrants, subpoenas, and summonses under the
6		authority of this State.
7		(2) Any agent, officer, investigator, or peace officer
8		designated by the Director may: (A) make seizure of
9		property pursuant to the provisions of this Article; and
10		(B) perform such other law enforcement duties as the
11		Director designates. It is the duty of all State's
12		Attorneys to prosecute violations of this Article and
13		institute legal proceedings as authorized under this
14		Article.
15		(f) Protective orders.
16		(1) Upon application of the State, the court may enter
17		a restraining order or injunction, require the execution of
18		a satisfactory performance bond, or take any other action
19		to preserve the availability of property described in
20		subsection (h) for forfeiture under this Article:
21		(A) upon the filing of an indictment, information,
22		or complaint charging a violation of this Article for
23		which forfeiture may be ordered under this Article and
24		alleging that the property with respect to which the
25		order is sought would be subject to forfeiture under
26		this Article; or

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1		(B) prior to the filing of such an indictment,
2		information, or complaint, if, after notice to persons
3		appearing to have an interest in the property and
4		opportunity for a hearing, the court determines that:
5		(i) there is probable cause to believe that the
6		State will prevail on the issue of forfeiture and
7		that failure to enter the order will result in the
8		property being destroyed, removed from the
9		jurisdiction of the court, or otherwise made
10		unavailable for forfeiture; and
11		(ii) the need to preserve the availability of
12		the property through the entry of the requested
13		order outweighs the hardship on any party against
14		whom the order is to be entered.
15		Provided, however, that an order entered pursuant
16		to subparagraph (B) shall be effective for not more
17		than 90 days, unless extended by the court for good
18		cause shown or unless an indictment, information,
19		complaint, or administrative notice has been filed.
20		(2) A temporary restraining order under this
21		subsection may be entered upon application of the State
22		without notice or opportunity for a hearing when an
23		indictment, information, complaint, or administrative
24		notice has not yet been filed with respect to the property,
25		if the State demonstrates that there is probable cause to
26		believe that the property with respect to which the order

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1		is sought would be subject to forfeiture under this Section
2		and that provision of notice will jeopardize the
3		availability of the property for forfeiture. Such a
4		temporary order shall expire not more than 30 days after
5		the date on which it is entered, unless extended for good
6		cause shown or unless the party against whom it is entered
7		consents to an extension for a longer period. A hearing
8		requested concerning an order entered under this paragraph
9		shall be held at the earliest possible time and prior to
10		the expiration of the temporary order.
11		(3) The court may receive and consider, at a hearing
12		held pursuant to this subsection (f), evidence and
13		information that would be inadmissible under the Illinois
14		rules of evidence.
15		(4) Order to repatriate and deposit.
16		(A) In general. Pursuant to its authority to enter
17		a pretrial restraining order under this Section, the
18		court may order a defendant to repatriate any property
19		that may be seized and forfeited and to deposit that
20		property pending trial with the Illinois State Police
21		or another law enforcement agency designated by the
22		Illinois State Police.
23		(B) Failure to comply. Failure to comply with an
24		order under this subsection (f) is punishable as a
25		civil or criminal contempt of court.
26		(g) Warrant of seizure. The State may request the issuance

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1		of a warrant authorizing the seizure of property described in
2		subsection (h) in the same manner as provided for a search
3		warrant. If the court determines that there is probable cause
4		to believe that the property to be seized would be subject to
5		forfeiture, the court shall issue a warrant authorizing the
6		seizure of such property.
7		(h) Forfeiture.
8		(1) The following are subject to forfeiture:
9		(A) any property, real or personal, constituting,
10		derived from, or traceable to any proceeds the person
11		obtained directly or indirectly, as a result of a
12		violation of this Article;
13		(B) any of the person's property used, or intended
14		to be used, in any manner or part, to commit, or to
15		facilitate the commission of, a violation of this
16		Article;
17		(C) all conveyances, including aircraft, vehicles
18		or vessels, which are used, or intended for use, to
19		transport, or in any manner to facilitate the
20		transportation, sale, receipt, possession, or
21		concealment of property described in subparagraphs (A)
22		and (B), but:
23		(i) no conveyance used by any person as a
24		common carrier in the transaction of business as a
25		common carrier is subject to forfeiture under this
26		Section unless it appears that the owner or other

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1		person in charge of the conveyance is a consenting
2		party or privy to a violation of this Article;
3		(ii) no conveyance is subject to forfeiture
4		under this Section by reason of any act or omission
5		which the owner proves to have been committed or
6		omitted without his or her knowledge or consent;
7		(iii) a forfeiture of a conveyance encumbered
8		by a bona fide security interest is subject to the
9		interest of the secured party if he or she neither
10		had knowledge of nor consented to the act or
11		omission;
12		(D) all real property, including any right, title,
13		and interest (including, but not limited to, any
14		leasehold interest or the beneficial interest in a land
15		trust) in the whole of any lot or tract of land and any
16		appurtenances or improvements, which is used or
17		intended to be used, in any manner or part, to commit,
18		or in any manner to facilitate the commission of, any
19		violation of this Article or that is the proceeds of
20		any violation or act that constitutes a violation of
21		this Article.
22		(2) Property subject to forfeiture under this Article
23		may be seized by the Director or any peace officer upon
24		process or seizure warrant issued by any court having
25		jurisdiction over the property. Seizure by the Director or
26		any peace officer without process may be made:

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1		(A) if the seizure is incident to a seizure
2		warrant;
3		(B) if the property subject to seizure has been the
4		subject of a prior judgment in favor of the State in a
5		criminal proceeding, or in an injunction or forfeiture
6		proceeding based upon this Article;
7		(C) if there is probable cause to believe that the
8		property is directly or indirectly dangerous to health
9		or safety;
10		(D) if there is probable cause to believe that the
11		property is subject to forfeiture under this Article
12		and the property is seized under circumstances in which
13		a warrantless seizure or arrest would be reasonable; or
14		(E) in accordance with the Code of Criminal
15		Procedure of 1963.
16		(3) In the event of seizure pursuant to paragraph (2),
17		forfeiture proceedings shall be instituted in accordance
18		with subsections (i) through (r).
19		(4) Property taken or detained under this Section shall
20		not be subject to replevin, but is deemed to be in the
21		custody of the Director subject only to the order and
22		judgments of the circuit court having jurisdiction over the
23		forfeiture proceedings and the decisions of the State's
24		Attorney under this Article. When property is seized under
25		this Article, the seizing agency shall promptly conduct an
26		inventory of the seized property and estimate the

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1		property's value and shall forward a copy of the inventory
2		of seized property and the estimate of the property's value
3		to the Director. Upon receiving notice of seizure, the
4		Director may:
5		(A) place the property under seal;
6		(B) remove the property to a place designated by
7		the Director;
8		(C) keep the property in the possession of the
9		seizing agency;
10		(D) remove the property to a storage area for
11		safekeeping or, if the property is a negotiable
12		instrument or money and is not needed for evidentiary
13		purposes, deposit it in an interest bearing account;
14		(E) place the property under constructive seizure
15		by posting notice of pending forfeiture on it, by
16		giving notice of pending forfeiture to its owners and
17		interest holders, or by filing notice of pending
18		forfeiture in any appropriate public record relating
19		to the property; or
20		(F) provide for another agency or custodian,
21		including an owner, secured party, or lienholder, to
22		take custody of the property upon the terms and
23		conditions set by the Director.
24		(5) When property is forfeited under this Article, the
25		Director shall sell all such property unless such property
26		is required by law to be destroyed or is harmful to the

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1		public, and shall distribute the proceeds of the sale,
2		together with any moneys forfeited or seized, in accordance
3		with paragraph (6).
4		(6) All monies and the sale proceeds of all other
5		property forfeited and seized under this Article shall be
6		distributed as follows:
7		(A) 65% shall be distributed to the metropolitan
8		enforcement group, local, municipal, county, or State
9		law enforcement agency or agencies which conducted or
10		participated in the investigation resulting in the
11		forfeiture. The distribution shall bear a reasonable
12		relationship to the degree of direct participation of
13		the law enforcement agency in the effort resulting in
14		the forfeiture, taking into account the total value of
15		the property forfeited and the total law enforcement
16		effort with respect to the violation of the law upon
17		which the forfeiture is based. Amounts distributed to
18		the agency or agencies shall be used for the
19		enforcement of laws.
20		(B)(i) 12.5% shall be distributed to the Office of
21		the State's Attorney of the county in which the
22		prosecution resulting in the forfeiture was
23		instituted, deposited in a special fund in the county
24		treasury and appropriated to the State's Attorney for
25		use in the enforcement of laws. In counties over
26		3,000,000 population, 25% shall be distributed to the

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1		Office of the State's Attorney for use in the
2		enforcement of laws. If the prosecution is undertaken
3		solely by the Attorney General, the portion provided
4		hereunder shall be distributed to the Attorney General
5		for use in the enforcement of laws.
6		(ii) 12.5% shall be distributed to the Office of
7		the State's Attorneys Appellate Prosecutor and
8		deposited in the Narcotics Profit Forfeiture Fund of
9		that office to be used for additional expenses incurred
10		in the investigation, prosecution and appeal of cases
11		arising under laws. The Office of the State's Attorneys
12		Appellate Prosecutor shall not receive distribution
13		from cases brought in counties with over 3,000,000
14		population.
15		(C) 10% shall be retained by the Department of
16		State Police for expenses related to the
17		administration and sale of seized and forfeited
18		property.
19		Moneys and the sale proceeds distributed to the
20		Department of State Police under this Article shall be
21		deposited in the Money Laundering Asset Recovery Fund
22		created in the State treasury and shall be used by the
23		Department of State Police for State law enforcement
24		purposes.
25		(7) All moneys and sale proceeds of property forfeited
26		and seized under this Article and distributed according to

SB2834 Engrossed - 380 - LRB100 16078 KTG 33917 b
1		paragraph (6) may also be used to purchase opioid
2		antagonists as defined in Section 5-23 of the Substance Use
3		Disorder Act. Alcoholism and Other Drug Abuse and
4		Dependency Act.
5		(7.5) Preliminary Review.
6		(A) Within 14 days of the seizure, the State shall
7		seek a preliminary determination from the circuit
8		court as to whether there is probable cause that the
9		property may be subject to forfeiture.
10		(B) The rules of evidence shall not apply to any
11		proceeding conducted under this Section.
12		(C) The court may conduct the review under
13		subparagraph (A) of this paragraph (7.5)
14		simultaneously with a proceeding under Section 109-1
15		of the Code of Criminal Procedure of 1963 for a related
16		criminal offense if a prosecution is commenced by
17		information or complaint.
18		(D) The court may accept a finding of probable
19		cause at a preliminary hearing following the filing of
20		an information or complaint charging a related
21		criminal offense or following the return of indictment
22		by a grand jury charging the related offense as
23		sufficient evidence of probable cause as required
24		under subparagraph (A) of this paragraph (7.5).
25		(E) Upon a finding of probable cause as required
26		under this Section, the circuit court shall order the

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1		property subject to the applicable forfeiture Act held
2		until the conclusion of any forfeiture proceeding.
3		(i) Notice to owner or interest holder.
4		(1) The first attempted service shall be commenced
5		within 28 days of the latter of filing of the verified
6		claim or the receipt of the notice from seizing agency by
7		form 4-64. A complaint for forfeiture or a notice of
8		pending forfeiture shall be served on a claimant if the
9		owner's or interest holder's name and current address are
10		known, then by either: (i) personal service or; (ii)
11		mailing a copy of the notice by certified mail, return
12		receipt requested and first class mail, to that address. If
13		no signed return receipt is received by the State's
14		Attorney within 28 days of mailing or no communication from
15		the owner or interest holder is received by the State's
16		Attorney documenting actual notice by the parties, the
17		State's Attorney shall, within a reasonable period of time,
18		mail a second copy of the notice by certified mail, return
19		receipt requested and first class mail, to that address. If
20		no signed return receipt is received by the State's
21		Attorney within 28 days of the second mailing, or no
22		communication from the owner or interest holder is received
23		by the State's Attorney documenting actual notice by the
24		parties, the State's Attorney shall have 60 days to attempt
25		to personally serve the notice by personal service,
26		including substitute service by leaving a copy at the usual

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1		place of abode with some person of the family or a person
2		residing there, of the age of 13 years or upwards. If after
3		3 attempts at service in this manner, and no service of the
4		notice is accomplished, the notice shall be posted in a
5		conspicuous manner at this address and service shall be
6		made by the posting. The attempts at service and the
7		posting if required, shall be documented by the person
8		attempting service and the documentation shall be made part
9		of a return of service returned to the State's Attorney.
10		The State's Attorney may utilize any Sheriff or Deputy
11		Sheriff, a peace officer, a private process server or
12		investigator, or an employee, agent, or investigator of the
13		State's Attorney's Office to attempt service without
14		seeking leave of court. After the procedures listed are
15		followed, service shall be effective on the owner or
16		interest holder on the date of receipt by the State's
17		Attorney of a returned return receipt requested, or on the
18		date of receipt of a communication from an owner or
19		interest holder documenting actual notice, whichever is
20		first in time, or on the date of the last act performed by
21		the State's Attorney in attempting personal service. For
22		purposes of notice under this Section, if a person has been
23		arrested for the conduct giving rise to the forfeiture, the
24		address provided to the arresting agency at the time of
25		arrest shall be deemed to be that person's known address.
26		Provided, however, if an owner or interest holder's address

SB2834 Engrossed - 383 - LRB100 16078 KTG 33917 b
1		changes prior to the effective date of the notice of
2		pending forfeiture, the owner or interest holder shall
3		promptly notify the seizing agency of the change in address
4		or, if the owner or interest holder's address changes
5		subsequent to the effective date of the notice of pending
6		forfeiture, the owner or interest holder shall promptly
7		notify the State's Attorney of the change in address. If
8		the property seized is a conveyance, notice shall also be
9		directed to the address reflected in the office of the
10		agency or official in which title or interest to the
11		conveyance is required by law to be recorded.
12		(A) (Blank);
13		(A-5) If the owner's or interest holder's address
14		is not known, and is not on record as provided in
15		paragraph (1), service by publication for 3 successive
16		weeks in a newspaper of general circulation in the
17		county in which the seizure occurred shall suffice for
18		service requirements.
19		(A-10) Notice to any business entity, corporation,
20		LLC, LLP, or partnership shall be complete by a single
21		mailing of a copy of the notice by certified mail,
22		return receipt requested and first class mail, to that
23		address. This notice is complete regardless of the
24		return of a signed "return receipt requested".
25		(A-15) Notice to a person whose address is not
26		within the State shall be completed by a single mailing

SB2834 Engrossed - 384 - LRB100 16078 KTG 33917 b
1		of a copy of the notice by certified mail, return
2		receipt requested and first class mail to that address.
3		This notice is complete regardless of the return of a
4		signed "return receipt requested".
5		(A-20) Notice to a person whose address is not
6		within the United States shall be completed by a single
7		mailing of a copy of the notice by certified mail,
8		return receipt requested and first class mail to that
9		address. This notice is complete regardless of the
10		return of a signed "return receipt requested". If
11		certified mail is not available in the foreign country
12		where the person has an address, notice shall proceed
13		by paragraph (A-15) publication requirements.
14		(A-25) A person who the State's Attorney
15		reasonably should know is incarcerated within this
16		State, shall also include, mailing a copy of the notice
17		by certified mail, return receipt requested and first
18		class mail, to the address of the detention facility
19		with the inmate's name clearly marked on the envelope.
20		After a claimant files a verified claim with the
21		State's Attorney and provides an address at which they
22		will accept service, the complaint shall be served and
23		notice shall be complete upon the mailing of the
24		complaint to the claimant at the address the claimant
25		provided via certified mail, return receipt requested
26		and first class mail. No return receipt card need be

SB2834 Engrossed - 385 - LRB100 16078 KTG 33917 b
1		received, or any other attempts at service need be made
2		to comply with service and notice requirements under
3		this Section. This certified mailing, return receipt
4		requested shall be proof of service of the complaint on
5		the claimant. If notice is to be shown by actual notice
6		from communication with a claimant, then the State's
7		Attorney shall file an affidavit as proof of service
8		providing details of the communication which shall be
9		accepted as proof of service by the court.
10		(B) If the property seized is a conveyance, to the
11		address reflected in the office of the agency or
12		official in which title or interest to the conveyance
13		is required by law to be recorded, then by mailing a
14		copy of the notice by certified mail, return receipt
15		requested, to that address; or
16		(C) (Blank).
17		(2) Notice served under this Article is effective upon
18		personal service, the last date of publication, or the
19		mailing of written notice, whichever is earlier.
20		(j) Notice to State's Attorney. The law enforcement agency
21		seizing property for forfeiture under this Article shall,
22		within 60 days after seizure, notify the State's Attorney for
23		the county, either where an act or omission giving rise to the
24		forfeiture occurred or where the property was seized, of the
25		seizure of the property and the facts and circumstances giving
26		rise to the seizure and shall provide the State's Attorney with

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1		the inventory of the property and its estimated value. When the
2		property seized for forfeiture is a vehicle, the law
3		enforcement agency seizing the property shall immediately
4		notify the Secretary of State that forfeiture proceedings are
5		pending regarding such vehicle. This notice shall be by the
6		form 4-64.
7		(k) Non-judicial forfeiture. If non-real property that
8		exceeds $20,000 in value excluding the value of any conveyance,
9		or if real property is seized under the provisions of this
10		Article, the State's Attorney shall institute judicial in rem
11		forfeiture proceedings as described in subsection (l) of this
12		Section within 28 days from receipt of notice of seizure from
13		the seizing agency under subsection (j) of this Section.
14		However, if non-real property that does not exceed $20,000 in
15		value excluding the value of any conveyance is seized, the
16		following procedure shall be used:
17		(1) If, after review of the facts surrounding the
18		seizure, the State's Attorney is of the opinion that the
19		seized property is subject to forfeiture, then within 45
20		days after the receipt of notice of seizure from the
21		seizing agency, the State's Attorney shall cause notice of
22		pending forfeiture to be given to the owner of the property
23		and all known interest holders of the property in
24		accordance with subsection (i) of this Section.
25		(2) The notice of pending forfeiture must include a
26		description of the property, the estimated value of the

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1		property, the date and place of seizure, the conduct giving
2		rise to forfeiture or the violation of law alleged, and a
3		summary of procedures and procedural rights applicable to
4		the forfeiture action.
5		(3)(A) Any person claiming an interest in property
6		which is the subject of notice under paragraph (1) of this
7		subsection (k), must, in order to preserve any rights or
8		claims to the property, within 45 days after the effective
9		date of notice as described in subsection (i) of this
10		Section, file a verified claim with the State's Attorney
11		expressing his or her interest in the property. The claim
12		must set forth:
13		(i) the caption of the proceedings as set forth on
14		the notice of pending forfeiture and the name of the
15		claimant;
16		(ii) the address at which the claimant will accept
17		mail;
18		(iii) the nature and extent of the claimant's
19		interest in the property;
20		(iv) the date, identity of the transferor, and
21		circumstances of the claimant's acquisition of the
22		interest in the property;
23		(v) the name and address of all other persons known
24		to have an interest in the property;
25		(vi) the specific provision of law relied on in
26		asserting the property is not subject to forfeiture;

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1		(vii) all essential facts supporting each
2		assertion; and
3		(viii) the relief sought.
4		(B) If a claimant files the claim, then the State's
5		Attorney shall institute judicial in rem forfeiture
6		proceedings with the clerk of the court as described in
7		subsection (l) of this Section within 45 days after receipt
8		of the claim.
9		(C) (Blank).
10		(4) If no claim is filed within the 45 day period as
11		described in paragraph (3) of this subsection (k), the
12		State's Attorney shall declare the property forfeited and
13		shall promptly notify the owner and all known interest
14		holders of the property and the Director of State Police of
15		the declaration of forfeiture and the Director shall
16		dispose of the property in accordance with law.
17		(l) Judicial in rem procedures. If property seized under
18		the provisions of this Article is non-real property that
19		exceeds $20,000 in value excluding the value of any conveyance,
20		or is real property, or a claimant has filed a claim under
21		paragraph (3) of subsection (k) of this Section, the following
22		judicial in rem procedures shall apply:
23		(1) If, after a review of the facts surrounding the
24		seizure, the State's Attorney is of the opinion that the
25		seized property is subject to forfeiture, then within 28
26		days of the receipt of notice of seizure by the seizing

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1		agency or the filing of the claim, whichever is later, the
2		State's Attorney shall institute judicial forfeiture
3		proceedings by filing a verified complaint for forfeiture.
4		When authorized by law, a forfeiture must be ordered by a
5		court on an action in rem brought by a State's Attorney
6		under a verified complaint for forfeiture.
7		(1.5) A complaint of forfeiture shall include:
8		(i) a description of the property seized;
9		(ii) the date and place of seizure of the property;
10		(iii) the name and address of the law enforcement
11		agency making the seizure; and
12		(iv) the specific statutory and factual grounds
13		for the seizure.
14		(1.10) The complaint shall be served upon the person
15		from whom the property was seized and all persons known or
16		reasonably believed by the State to claim an interest in
17		the property, as provided in subsection (i) of this
18		Section. The complaint shall be accompanied by the
19		following written notice:
20		"This is a civil court proceeding subject to the Code
21		of Civil Procedure. You received this Complaint of
22		Forfeiture because the State's Attorney's office has
23		brought a legal action seeking forfeiture of your seized
24		property. This complaint starts the court process where the
25		State seeks to prove that your property should be forfeited
26		and not returned to you. This process is also your

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1		opportunity to try to prove to a judge that you should get
2		your property back. The complaint lists the date, time, and
3		location of your first court date. You must appear in court
4		on that day, or you may lose the case automatically. You
5		must also file an appearance and answer. If you are unable
6		to pay the appearance fee, you may qualify to have the fee
7		waived. If there is a criminal case related to the seizure
8		of your property, your case may be set for trial after the
9		criminal case has been resolved. Before trial, the judge
10		may allow discovery, where the State can ask you to respond
11		in writing to questions and give them certain documents,
12		and you can make similar requests of the State. The trial
13		is your opportunity to explain what happened when your
14		property was seized and why you should get the property
15		back."
16		(2) The laws of evidence relating to civil actions
17		shall apply to proceedings under this Article with the
18		following exception. The parties shall be allowed to use,
19		and the court shall receive and consider all relevant
20		hearsay evidence which relates to evidentiary foundation,
21		chain of custody, business records, recordings, laboratory
22		analysis, laboratory reports, and relevant hearsay related
23		to the use of technology in the investigation which
24		resulted in the seizure of property which is now subject to
25		this forfeiture action.
26		(3) Only an owner of or interest holder in the property

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1		may file an answer asserting a claim against the property
2		in the action in rem. For purposes of this Section, the
3		owner or interest holder shall be referred to as claimant.
4		Upon motion of the State, the court shall first hold a
5		hearing, wherein any claimant must establish by a
6		preponderance of the evidence, that he or she has a lawful,
7		legitimate ownership interest in the property and that it
8		was obtained through a lawful source.
9		(4) The answer must be signed by the owner or interest
10		holder under penalty of perjury and must set forth:
11		(A) the caption of the proceedings as set forth on
12		the notice of pending forfeiture and the name of the
13		claimant;
14		(B) the address at which the claimant will accept
15		mail;
16		(C) the nature and extent of the claimant's
17		interest in the property;
18		(D) the date, identity of transferor, and
19		circumstances of the claimant's acquisition of the
20		interest in the property;
21		(E) the name and address of all other persons known
22		to have an interest in the property;
23		(F) all essential facts supporting each assertion;
24		(G) the precise relief sought; and
25		(H) the answer shall follow the rules under the
26		Code of Civil Procedure.

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1		(5) The answer must be filed with the court within 45
2		days after service of the civil in rem complaint.
3		(6) The hearing must be held within 60 days after
4		filing of the answer unless continued for good cause.
5		(7) At the judicial in rem proceeding, in the State's
6		case in chief, the State shall show by a preponderance of
7		the evidence that the property is subject to forfeiture. If
8		the State makes such a showing, the claimant shall have the
9		burden of production to set forth evidence that the
10		property is not related to the alleged factual basis of the
11		forfeiture. After this production of evidence, the State
12		shall maintain the burden of proof to overcome this
13		assertion. A claimant shall provide the State notice of its
14		intent to allege that the currency or its equivalent is not
15		related to the alleged factual basis of the forfeiture and
16		why. As to conveyances, at the judicial in rem proceeding,
17		in their case in chief, the State shall show by a
18		preponderance of the evidence, that (1) the property is
19		subject to forfeiture; and (2) at least one of the
20		following:
21		(i) that the claimant was legally accountable for
22		the conduct giving rise to the forfeiture;
23		(ii) that the claimant knew or reasonably should
24		have known of the conduct giving rise to the
25		forfeiture;
26		(iii) that the claimant knew or reasonable should

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1		have known that the conduct giving rise to the
2		forfeiture was likely to occur;
3		(iv) that the claimant held the property for the
4		benefit of, or as nominee for, any person whose conduct
5		gave rise to its forfeiture;
6		(v) that if the claimant acquired their interest
7		through any person engaging in any of the conduct
8		described above or conduct giving rise to the
9		forfeiture;
10		(1) the claimant did not acquire it as a bona
11		fide purchaser for value; or
12		(2) the claimant acquired the interest under
13		the circumstances that they reasonably should have
14		known the property was derived from, or used in,
15		the conduct giving rise to the forfeiture; or
16		(vii) that the claimant is not the true owner of
17		the property that is subject to forfeiture.
18		(8) If the State does not meet its burden to show that
19		the property is subject to forfeiture, the court shall
20		order the interest in the property returned or conveyed to
21		the claimant and shall order all other property forfeited
22		to the State. If the State does meet its burden to show
23		that the property is subject to forfeiture, the court shall
24		order all property forfeited to the State.
25		(9) A defendant convicted in any criminal proceeding is
26		precluded from later denying the essential allegations of

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1		the criminal offense of which the defendant was convicted
2		in any proceeding under this Article regardless of the
3		pendency of an appeal from that conviction. However,
4		evidence of the pendency of an appeal is admissible.
5		(10) On a motion by the the parties, the court may stay
6		civil forfeiture proceedings during the criminal trial for
7		a related criminal indictment or information alleging a
8		money laundering violation. Such a stay shall not be
9		available pending an appeal. Property subject to
10		forfeiture under this Article shall not be subject to
11		return or release by a court exercising jurisdiction over a
12		criminal case involving the seizure of such property unless
13		such return or release is consented to by the State's
14		Attorney.
15		Notwithstanding any other provision of this Section,
16		the State's burden of proof at the trial of the forfeiture
17		action shall be by clear and convincing evidence if: (1) a
18		finding of not guilty is entered as to all counts and all
19		defendants in a criminal proceeding relating to the conduct
20		giving rise to the forfeiture action; or (2) the State
21		receives an adverse finding at a preliminary hearing and
22		fails to secure an indictment in a criminal proceeding
23		relating to the factual allegations of the forfeiture
24		action.
25		(11) All property declared forfeited under this
26		Article vests in this State on the commission of the

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1		conduct giving rise to forfeiture together with the
2		proceeds of the property after that time. Except as
3		otherwise provided in this Article, title to any such
4		property or proceeds subsequently transferred to any
5		person remain subject to forfeiture and thereafter shall be
6		ordered forfeited unless the person to whom the property
7		was transferred makes an appropriate claim and has his or
8		her claim adjudicated at the judicial in rem hearing.
9		(12) A civil action under this Article must be
10		commenced within 5 years after the last conduct giving rise
11		to forfeiture became known or should have become known or 5
12		years after the forfeitable property is discovered,
13		whichever is later, excluding any time during which either
14		the property or claimant is out of the State or in
15		confinement or during which criminal proceedings relating
16		to the same conduct are in progress.
17		(m) Stay of time periods. If property is seized for
18		evidence and for forfeiture, the time periods for instituting
19		judicial and non-judicial forfeiture proceedings shall not
20		begin until the property is no longer necessary for evidence.
21		(n) Settlement of claims. Notwithstanding other provisions
22		of this Article, the State's Attorney and a claimant of seized
23		property may enter into an agreed-upon settlement concerning
24		the seized property in such an amount and upon such terms as
25		are set out in writing in a settlement agreement. All proceeds
26		from a settlement agreement shall be tendered to the Department

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1		of State Police and distributed under paragraph (6) of
2		subsection (h) of this Section.
3		(o) Property constituting attorney fees. Nothing in this
4		Article applies to property which constitutes reasonable bona
5		fide attorney's fees paid to an attorney for services rendered
6		or to be rendered in the forfeiture proceeding or criminal
7		proceeding relating directly thereto where such property was
8		paid before its seizure, before the issuance of any seizure
9		warrant or court order prohibiting transfer of the property and
10		where the attorney, at the time he or she received the property
11		did not know that it was property subject to forfeiture under
12		this Article.
13		(p) Construction. It is the intent of the General Assembly
14		that the forfeiture provisions of this Article be liberally
15		construed so as to effect their remedial purpose. The
16		forfeiture of property and other remedies hereunder shall be
17		considered to be in addition to, and not exclusive of, any
18		sentence or other remedy provided by law.
19		(q) Judicial review. If property has been declared
20		forfeited under subsection (k) of this Section, any person who
21		has an interest in the property declared forfeited may, within
22		30 days after the effective date of the notice of the
23		declaration of forfeiture, file a claim as described in
24		paragraph (3) of subsection (k) of this Section. If a claim is
25		filed under this Section, then the procedures described in
26		subsection (l) of this Section apply.

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1		(r) (Blank).
2		(s) Review of administrative decisions. All administrative
3		findings, rulings, final determinations, findings, and
4		conclusions of the State's Attorney's Office under this Article
5		are final and conclusive decisions of the matters involved. Any
6		person aggrieved by the decision may obtain review of the
7		decision pursuant to the provisions of the Administrative
8		Review Law and the rules adopted pursuant to that Law. Pending
9		final decision on such review, the administrative acts, orders,
10		and rulings of the State's Attorney's Office remain in full
11		force and effect unless modified or suspended by order of court
12		pending final judicial decision. Pending final decision on such
13		review, the acts, orders, and rulings of the State's Attorney's
14		Office remain in full force and effect, unless stayed by order
15		of court. However, no stay of any decision of the
16		administrative agency shall issue unless the person aggrieved
17		by the decision establishes by a preponderance of the evidence
18		that good cause exists for the stay. In determining good cause,
19		the court shall find that the aggrieved party has established a
20		substantial likelihood of prevailing on the merits and that
21		granting the stay will not have an injurious effect on the
22		general public.
23		(t) Actual physical seizure of real property subject to
24		forfeiture under this Act requires the issuance of a seizure
25		warrant. Nothing in this Section prohibits the constructive
26		seizure of real property through the filing of a complaint for

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1		forfeiture in circuit court and the recording of a lis pendens
2		against the real property which is subject to forfeiture
3		without any hearing, warrant application, or judicial
4		approval.
5		(u) Property which is forfeited shall be subject to an 8th
6		amendment to the United States Constitution disproportionate
7		penalties analysis and the property forfeiture may be denied in
8		whole or in part if the court finds that the forfeiture would
9		constitute an excessive fine in violation of the 8th amendment
10		as interpreted by case law.
11		(v) If property is ordered forfeited under this Section
12		from a claimant who held title to the property in joint tenancy
13		or tenancy in common with another claimant, the court shall
14		determine the amount of each owner's interest in the property
15		according to principles of property law.
16		(w) A claimant or a party interested in personal property
17		contained within a seized conveyance may file a request with
18		the State's Attorney in a non-judicial forfeiture action, or a
19		motion with the court in a judicial forfeiture action for the
20		return of any personal property contained within a conveyance
21		which is seized under this Article. The return of personal
22		property shall not be unreasonably withheld if the personal
23		property is not mechanically or electrically coupled to the
24		conveyance, needed for evidentiary purposes, or otherwise
25		contraband. Any law enforcement agency that returns property
26		under a court order under this Section shall not be liable to

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1		any person who claims ownership to the property if it is
2		returned to an improper party.
3		(x) Innocent owner hearing.
4		(1) After a complaint for forfeiture has been filed and
5		all claimants have appeared and answered, a claimant may
6		file a motion with the court for an innocent owner hearing
7		prior to trial. This motion shall be made and supported by
8		sworn affidavit and shall assert the following along with
9		specific facts which support each assertion:
10		(i) that the claimant filing the motion is the true
11		owner of the conveyance as interpreted by case law;
12		(ii) that the claimant was not legally accountable
13		for the conduct giving rise to the forfeiture or
14		acquiesced in the conduct;
15		(iii) that the claimant did not solicit, conspire,
16		or attempt to commit the conduct giving rise to the
17		forfeiture;
18		(iv) that the claimant did not know or did not have
19		reason to know that the conduct giving rise to the
20		forfeiture was likely to occur; and
21		(v) that the claimant did not hold the property for
22		the benefit of, or as nominee for any person whose
23		conduct gave rise to its forfeiture or if the owner or
24		interest holder acquired the interest through any
25		person, the owner or interest holder did not acquire it
26		as a bona fide purchaser for value or acquired the

SB2834 Engrossed - 400 - LRB100 16078 KTG 33917 b
1		interest without knowledge of the seizure of the
2		property for forfeiture.
3		(2) The claimant shall include specific facts which
4		support these assertions in their motion.
5		(3) Upon this filing, a hearing may only be conducted
6		after the parties have been given the opportunity to
7		conduct limited discovery as to the ownership and control
8		of the property, the claimant's knowledge, or any matter
9		relevant to the issues raised or facts alleged in the
10		claimant's motion. Discovery shall be limited to the
11		People's requests in these areas but may proceed by any
12		means allowed in the Code of Civil Procedure.
13		(i) After discovery is complete and the court has
14		allowed for sufficient time to review and investigate
15		the discovery responses, the court shall conduct a
16		hearing. At the hearing, the fact that the conveyance
17		is subject to forfeiture shall not be at issue. The
18		court shall only hear evidence relating to the issue of
19		innocent ownership.
20		(ii) At the hearing on the motion, it shall be the
21		burden of the claimant to prove each of the assertions
22		listed in paragraph (1) of this subsection (x) by a
23		preponderance of the evidence.
24		(iii) If a claimant meets his burden of proof, the
25		court shall grant the motion and order the property
26		returned to the claimant. If the claimant fails to meet

SB2834 Engrossed - 401 - LRB100 16078 KTG 33917 b
1		his or her burden of proof then the court shall deny
2		the motion.
3		(y) No property shall be forfeited under this Section from
4		a person who, without actual or constructive notice that the
5		property was the subject of forfeiture proceedings, obtained
6		possession of the property as a bona fide purchaser for value.
7		A person who purports to affect transfer of property after
8		receiving actual or constructive notice that the property is
9		subject to seizure or forfeiture is guilty of contempt of
10		court, and shall be liable to the State for a penalty in the
11		amount of the fair market value of the property.
12		(z) Forfeiture proceedings under this Section shall be
13		subject to the Code of Civil Procedure and the rules of
14		evidence relating to civil actions.
15		(aa) Return of property, damages, and costs.
16		(1) The law enforcement agency that holds custody of
17		property seized for forfeiture shall deliver property
18		ordered by the court to be returned or conveyed to the
19		claimant within a reasonable time not to exceed 7 days,
20		unless the order is stayed by the trial court or a
21		reviewing court pending an appeal, motion to reconsider, or
22		other reason.
23		(2) The law enforcement agency that holds custody of
24		property is responsible for any damages, storage fees, and
25		related costs applicable to property returned. The
26		claimant shall not be subject to any charges by the State

SB2834 Engrossed - 402 - LRB100 16078 KTG 33917 b
1		for storage of the property or expenses incurred in the
2		preservation of the property. Charges for the towing of a
3		conveyance shall be borne by the claimant unless the
4		conveyance was towed for the sole reason of seizure for
5		forfeiture. This Section does not prohibit the imposition
6		of any fees or costs by a home rule unit of local
7		government related to the impoundment of a conveyance under
8		an ordinance enacted by the unit of government.
9		(3) A law enforcement agency shall not retain forfeited
10		property for its own use or transfer the property to any
11		person or entity, except as provided under this Section. A
12		law enforcement agency may apply in writing to the Director
13		of State Police to request that a forfeited property be
14		awarded to the agency for a specifically articulated
15		official law enforcement use in an investigation. The
16		Director of State Police shall provide a written
17		justification in each instance detailing the reasons why
18		the forfeited property was placed into official use and the
19		justification shall be retained for a period of not less
20		than 3 years.
21		(bb) The changes made to this Section by this amendatory
22		Act of the 100th General Assembly are subject to Sections 2 and
23		4 of the Statute on Statutes.
24		(Source: P.A. 99-480, eff. 9-9-15; 100-512, eff. 7-1-18.)
25		Section 100. The Illinois Controlled Substances Act is

SB2834 Engrossed - 403 - LRB100 16078 KTG 33917 b
1		amended by changing Sections 302, 411.2, and 501 as follows:
2		(720 ILCS 570/302) (from Ch. 56 1/2, par. 1302)
3		Sec. 302. (a) Every person who manufactures, distributes,
4		or dispenses any controlled substances; engages in chemical
5		analysis, research, or instructional activities which utilize
6		controlled substances; purchases, stores, or administers
7		euthanasia drugs, within this State; provides canine odor
8		detection services; proposes to engage in the manufacture,
9		distribution, or dispensing of any controlled substance;
10		proposes to engage in chemical analysis, research, or
11		instructional activities which utilize controlled substances;
12		proposes to engage in purchasing, storing, or administering
13		euthanasia drugs; or proposes to provide canine odor detection
14		services within this State, must obtain a registration issued
15		by the Department of Financial and Professional Regulation in
16		accordance with its rules. The rules shall include, but not be
17		limited to, setting the expiration date and renewal period for
18		each registration under this Act. The Department, any facility
19		or service licensed by the Department, and any veterinary
20		hospital or clinic operated by a veterinarian or veterinarians
21		licensed under the Veterinary Medicine and Surgery Practice Act
22		of 2004 or maintained by a State-supported or publicly funded
23		university or college shall be exempt from the regulation
24		requirements of this Section; however, such exemption shall not
25		operate to bar the University of Illinois from requesting, nor

SB2834 Engrossed - 404 - LRB100 16078 KTG 33917 b
1		the Department of Financial and Professional Regulation from
2		issuing, a registration to the University of Illinois
3		Veterinary Teaching Hospital under this Act. Neither a request
4		for such registration nor the issuance of such registration to
5		the University of Illinois shall operate to otherwise waive or
6		modify the exemption provided in this subsection (a).
7		(b) Persons registered by the Department of Financial and
8		Professional Regulation under this Act to manufacture,
9		distribute, or dispense controlled substances, engage in
10		chemical analysis, research, or instructional activities which
11		utilize controlled substances, purchase, store, or administer
12		euthanasia drugs, or provide canine odor detection services,
13		may possess, manufacture, distribute, engage in chemical
14		analysis, research, or instructional activities which utilize
15		controlled substances, dispense those substances, or purchase,
16		store, or administer euthanasia drugs, or provide canine odor
17		detection services to the extent authorized by their
18		registration and in conformity with the other provisions of
19		this Article.
20		(c) The following persons need not register and may
21		lawfully possess controlled substances under this Act:
22		(1) an agent or employee of any registered
23		manufacturer, distributor, or dispenser of any controlled
24		substance if he or she is acting in the usual course of his
25		or her employer's lawful business or employment;
26		(2) a common or contract carrier or warehouseman, or an

SB2834 Engrossed - 405 - LRB100 16078 KTG 33917 b
1		agent or employee thereof, whose possession of any
2		controlled substance is in the usual lawful course of such
3		business or employment;
4		(3) an ultimate user or a person in possession of a
5		controlled substance prescribed for the ultimate user
6		under a lawful prescription of a practitioner, including an
7		advanced practice registered nurse, practical nurse, or
8		registered nurse licensed under the Nurse Practice Act, or
9		a physician assistant licensed under the Physician
10		Assistant Practice Act of 1987, who provides hospice
11		services to a hospice patient or who provides home health
12		services to a person, or a person in possession of any
13		controlled substance pursuant to a lawful prescription of a
14		practitioner or in lawful possession of a Schedule V
15		substance. In this Section, "home health services" has the
16		meaning ascribed to it in the Home Health, Home Services,
17		and Home Nursing Agency Licensing Act; and "hospice
18		patient" and "hospice services" have the meanings ascribed
19		to them in the Hospice Program Licensing Act;
20		(4) officers and employees of this State or of the
21		United States while acting in the lawful course of their
22		official duties which requires possession of controlled
23		substances;
24		(5) a registered pharmacist who is employed in, or the
25		owner of, a pharmacy licensed under this Act and the
26		Federal Controlled Substances Act, at the licensed

SB2834 Engrossed - 406 - LRB100 16078 KTG 33917 b
1		location, or if he or she is acting in the usual course of
2		his or her lawful profession, business, or employment;
3		(6) a holder of a temporary license issued under
4		Section 17 of the Medical Practice Act of 1987 practicing
5		within the scope of that license and in compliance with the
6		rules adopted under this Act. In addition to possessing
7		controlled substances, a temporary license holder may
8		order, administer, and prescribe controlled substances
9		when acting within the scope of his or her license and in
10		compliance with the rules adopted under this Act.
11		(d) A separate registration is required at each place of
12		business or professional practice where the applicant
13		manufactures, distributes, or dispenses controlled substances,
14		or purchases, stores, or administers euthanasia drugs. Persons
15		are required to obtain a separate registration for each place
16		of business or professional practice where controlled
17		substances are located or stored. A separate registration is
18		not required for every location at which a controlled substance
19		may be prescribed.
20		(e) The Department of Financial and Professional
21		Regulation or the Illinois State Police may inspect the
22		controlled premises, as defined in Section 502 of this Act, of
23		a registrant or applicant for registration in accordance with
24		this Act and the rules promulgated hereunder and with regard to
25		persons licensed by the Department, in accordance with
26		subsection (bb) of Section 30-5 of the Substance Use Disorder

SB2834 Engrossed - 407 - LRB100 16078 KTG 33917 b
1		Act Alcoholism and Other Drug Abuse and Dependency Act and the
2		rules and regulations promulgated thereunder.
3		(Source: P.A. 99-163, eff. 1-1-16; 99-247, eff. 8-3-15; 99-642,
4		eff. 7-28-16; 100-513, eff. 1-1-18.)
5		(720 ILCS 570/411.2) (from Ch. 56 1/2, par. 1411.2)
6		Sec. 411.2. (a) Every person convicted of a violation of
7		this Act, and every person placed on probation, conditional
8		discharge, supervision or probation under Section 410 of this
9		Act, shall be assessed for each offense a sum fixed at:
10		(1) $3,000 for a Class X felony;
11		(2) $2,000 for a Class 1 felony;
12		(3) $1,000 for a Class 2 felony;
13		(4) $500 for a Class 3 or Class 4 felony;
14		(5) $300 for a Class A misdemeanor;
15		(6) $200 for a Class B or Class C misdemeanor.
16		(b) The assessment under this Section is in addition to and
17		not in lieu of any fines, restitution costs, forfeitures or
18		other assessments authorized or required by law.
19		(c) As a condition of the assessment, the court may require
20		that payment be made in specified installments or within a
21		specified period of time. If the assessment is not paid within
22		the period of probation, conditional discharge or supervision
23		to which the defendant was originally sentenced, the court may
24		extend the period of probation, conditional discharge or
25		supervision pursuant to Section 5-6-2 or 5-6-3.1 of the Unified

SB2834 Engrossed - 408 - LRB100 16078 KTG 33917 b
1		Code of Corrections, as applicable, until the assessment is
2		paid or until successful completion of public or community
3		service set forth in subsection (e) or the successful
4		completion of the substance abuse intervention or treatment
5		program set forth in subsection (f). If a term of probation,
6		conditional discharge or supervision is not imposed, the
7		assessment shall be payable upon judgment or as directed by the
8		court.
9		(d) If an assessment for a violation of this Act is imposed
10		on an organization, it is the duty of each individual
11		authorized to make disbursements of the assets of the
12		organization to pay the assessment from assets of the
13		organization.
14		(e) A defendant who has been ordered to pay an assessment
15		may petition the court to convert all or part of the assessment
16		into court-approved public or community service. One hour of
17		public or community service shall be equivalent to $4 of
18		assessment. The performance of this public or community service
19		shall be a condition of the probation, conditional discharge or
20		supervision and shall be in addition to the performance of any
21		other period of public or community service ordered by the
22		court or required by law.
23		(f) The court may suspend the collection of the assessment
24		imposed under this Section; provided the defendant agrees to
25		enter a substance abuse intervention or treatment program
26		approved by the court; and further provided that the defendant

SB2834 Engrossed - 409 - LRB100 16078 KTG 33917 b
1		agrees to pay for all or some portion of the costs associated
2		with the intervention or treatment program. In this case, the
3		collection of the assessment imposed under this Section shall
4		be suspended during the defendant's participation in the
5		approved intervention or treatment program. Upon successful
6		completion of the program, the defendant may apply to the court
7		to reduce the assessment imposed under this Section by any
8		amount actually paid by the defendant for his or her
9		participation in the program. The court shall not reduce the
10		penalty under this subsection unless the defendant establishes
11		to the satisfaction of the court that he or she has
12		successfully completed the intervention or treatment program.
13		If the defendant's participation is for any reason terminated
14		before his or her successful completion of the intervention or
15		treatment program, collection of the entire assessment imposed
16		under this Section shall be enforced. Nothing in this Section
17		shall be deemed to affect or suspend any other fines,
18		restitution costs, forfeitures or assessments imposed under
19		this or any other Act.
20		(g) The court shall not impose more than one assessment per
21		complaint, indictment or information. If the person is
22		convicted of more than one offense in a complaint, indictment
23		or information, the assessment shall be based on the highest
24		class offense for which the person is convicted.
25		(h) In counties under 3,000,000, all moneys collected under
26		this Section shall be forwarded by the clerk of the circuit

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1		court to the State Treasurer for deposit in the Drug Treatment
2		Fund, which is hereby established as a special fund within the
3		State Treasury. The Department of Human Services may make
4		grants to persons licensed under Section 15-10 of the Substance
5		Use Disorder Act Alcoholism and Other Drug Abuse and Dependency
6		Act or to municipalities or counties from funds appropriated to
7		the Department from the Drug Treatment Fund for the treatment
8		of pregnant women who are addicted to alcohol, cannabis or
9		controlled substances and for the needed care of minor,
10		unemancipated children of women undergoing residential drug
11		treatment. If the Department of Human Services grants funds to
12		a municipality or a county that the Department determines is
13		not experiencing a problem with pregnant women addicted to
14		alcohol, cannabis or controlled substances, or with care for
15		minor, unemancipated children of women undergoing residential
16		drug treatment, or intervention, the funds shall be used for
17		the treatment of any person addicted to alcohol, cannabis or
18		controlled substances. The Department may adopt such rules as
19		it deems appropriate for the administration of such grants.
20		(i) In counties over 3,000,000, all moneys collected under
21		this Section shall be forwarded to the County Treasurer for
22		deposit into the County Health Fund. The County Treasurer
23		shall, no later than the 15th day of each month, forward to the
24		State Treasurer 30 percent of all moneys collected under this
25		Act and received into the County Health Fund since the prior
26		remittance to the State Treasurer. Funds retained by the County

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1		shall be used for community-based treatment of pregnant women
2		who are addicted to alcohol, cannabis, or controlled substances
3		or for the needed care of minor, unemancipated children of
4		these women. Funds forwarded to the State Treasurer shall be
5		deposited into the State Drug Treatment Fund maintained by the
6		State Treasurer from which the Department of Human Services may
7		make grants to persons licensed under Section 15-10 of the
8		Substance Use Disorder Act Alcoholism and Other Drug Abuse and
9		Dependency Act or to municipalities or counties from funds
10		appropriated to the Department from the Drug Treatment Fund,
11		provided that the moneys collected from each county be returned
12		proportionately to the counties through grants to licensees
13		located within the county from which the assessment was
14		received and moneys in the State Drug Treatment Fund shall not
15		supplant other local, State or federal funds. If the Department
16		of Human Services grants funds to a municipality or county that
17		the Department determines is not experiencing a problem with
18		pregnant women addicted to alcohol, cannabis or controlled
19		substances, or with care for minor, unemancipated children or
20		women undergoing residential drug treatment, the funds shall be
21		used for the treatment of any person addicted to alcohol,
22		cannabis or controlled substances. The Department may adopt
23		such rules as it deems appropriate for the administration of
24		such grants.
25		(Source: P.A. 97-334, eff. 1-1-12.)

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1		(720 ILCS 570/501) (from Ch. 56 1/2, par. 1501)
2		Sec. 501. (a) It is hereby made the duty of the Department
3		of Financial and Professional Regulation and the Illinois State
4		Police, and their agents, officers, and investigators, to
5		enforce all provisions of this Act, except those specifically
6		delegated, and to cooperate with all agencies charged with the
7		enforcement of the laws of the United States, or of any State,
8		relating to controlled substances. Only an agent, officer, or
9		investigator designated by the Secretary of the Department of
10		Financial and Professional Regulation or the Director of the
11		Illinois State Police may: (1) for the purpose of inspecting,
12		copying, and verifying the correctness of records, reports or
13		other documents required to be kept or made under this Act and
14		otherwise facilitating the execution of the functions of the
15		Department of Financial and Professional Regulation or the
16		Illinois State Police, be authorized in accordance with this
17		Section to enter controlled premises and to conduct
18		administrative inspections thereof and of the things
19		specified; or (2) execute and serve administrative inspection
20		notices, warrants, subpoenas, and summonses under the
21		authority of this State. Any inspection or administrative entry
22		of persons licensed by the Department shall be made in
23		accordance with subsection (bb) of Section 30-5 of the
24		Substance Use Disorder Act Alcoholism and Other Drug Abuse and
25		Dependency Act and the rules and regulations promulgated
26		thereunder.

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1		(b) Administrative entries and inspections designated in
2		clause (1) of subsection (a) shall be carried out through
3		agents, officers, investigators and peace officers
4		(hereinafter referred to as "inspectors") designated by the
5		Secretary of the Department of Financial and Professional
6		Regulation. Any inspector, upon stating his or her purpose and
7		presenting to the owner, operator, or agent in charge of the
8		premises (1) appropriate credentials and (2) a written notice
9		of his or her inspection authority (which notice, in the case
10		of an inspection requiring or in fact supported by an
11		administrative inspection warrant, shall consist of that
12		warrant), shall have the right to enter the premises and
13		conduct the inspection at reasonable times.
14		Inspectors appointed before the effective date of this
15		amendatory Act of the 97th General Assembly by the Secretary of
16		Financial and Professional Regulation under this Section 501
17		are conservators of the peace and as such have all the powers
18		possessed by policemen in municipalities and by sheriffs,
19		except that they may exercise such powers anywhere in the
20		State.
21		A Chief of Investigations of the Department of Financial
22		and Professional Regulation's Division of Professional
23		Regulation appointed by the Secretary of Financial and
24		Professional Regulation on or after the effective date of this
25		amendatory Act of the 97th General Assembly is a conservator of
26		the peace and as such has all the powers possessed by policemen

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1		in municipalities and by sheriffs, except that he or she may
2		exercise such powers anywhere in the State. Any other employee
3		of the Department of Financial and Professional Regulation
4		appointed by the Secretary of Financial and Professional
5		Regulation or by the Director of Professional Regulation on or
6		after the effective date of this amendatory Act of the 97th
7		General Assembly under this Section 501 is not a conservator of
8		the peace.
9		(c) Except as may otherwise be indicated in an applicable
10		inspection warrant, the inspector shall have the right:
11		(1) to inspect and copy records, reports and other
12		documents required to be kept or made under this Act;
13		(2) to inspect, within reasonable limits and in a
14		reasonable manner, controlled premises and all pertinent
15		equipment, finished and unfinished drugs and other
16		substances or materials, containers and labeling found
17		therein, and all other things therein (including records,
18		files, papers, processes, controls and facilities)
19		appropriate for verification of the records, reports and
20		documents referred to in item (1) or otherwise bearing on
21		the provisions of this Act; and
22		(3) to inventory any stock of any controlled substance.
23		(d) Except when the owner, operator, or agent in charge of
24		the controlled premises so consents in writing, no inspection
25		authorized by this Section shall extend to:
26		(1) financial data;

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1		(2) sales data other than shipment data; or
2		(3) pricing data.
3		Any inspection or administrative entry of persons licensed
4		by the Department shall be made in accordance with subsection
5		(bb) of Section 30-5 of the Substance Use Disorder Act
6		Alcoholism and Other Drug Abuse and Dependency Act and the
7		rules and regulations promulgated thereunder.
8		(e) Any agent, officer, investigator or peace officer
9		designated by the Secretary of the Department of Financial and
10		Professional Regulation may (1) make seizure of property
11		pursuant to the provisions of this Act; and (2) perform such
12		other law enforcement duties as the Secretary shall designate.
13		It is hereby made the duty of all State's Attorneys to
14		prosecute violations of this Act and institute legal
15		proceedings as authorized under this Act.
16		(Source: P.A. 97-334, eff. 1-1-12.)
17		Section 105. The Methamphetamine Control and Community
18		Protection Act is amended by changing Section 80 as follows:
19		(720 ILCS 646/80)
20		Sec. 80. Assessment.
21		(a) Every person convicted of a violation of this Act, and
22		every person placed on probation, conditional discharge,
23		supervision, or probation under this Act, shall be assessed for
24		each offense a sum fixed at:

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1		(1) $3,000 for a Class X felony;
2		(2) $2,000 for a Class 1 felony;
3		(3) $1,000 for a Class 2 felony;
4		(4) $500 for a Class 3 or Class 4 felony.
5		(b) The assessment under this Section is in addition to and
6		not in lieu of any fines, restitution, costs, forfeitures, or
7		other assessments authorized or required by law.
8		(c) As a condition of the assessment, the court may require
9		that payment be made in specified installments or within a
10		specified period of time. If the assessment is not paid within
11		the period of probation, conditional discharge, or supervision
12		to which the defendant was originally sentenced, the court may
13		extend the period of probation, conditional discharge, or
14		supervision pursuant to Section 5-6-2 or 5-6-3.1 of the Unified
15		Code of Corrections, as applicable, until the assessment is
16		paid or until successful completion of public or community
17		service set forth in subsection (e) or the successful
18		completion of the substance abuse intervention or treatment
19		program set forth in subsection (f). If a term of probation,
20		conditional discharge, or supervision is not imposed, the
21		assessment shall be payable upon judgment or as directed by the
22		court.
23		(d) If an assessment for a violation of this Act is imposed
24		on an organization, it is the duty of each individual
25		authorized to make disbursements of the assets of the
26		organization to pay the assessment from assets of the

SB2834 Engrossed - 417 - LRB100 16078 KTG 33917 b
1		organization.
2		(e) A defendant who has been ordered to pay an assessment
3		may petition the court to convert all or part of the assessment
4		into court-approved public or community service. One hour of
5		public or community service shall be equivalent to $4 of
6		assessment. The performance of this public or community service
7		shall be a condition of the probation, conditional discharge,
8		or supervision and shall be in addition to the performance of
9		any other period of public or community service ordered by the
10		court or required by law.
11		(f) The court may suspend the collection of the assessment
12		imposed under this Section if the defendant agrees to enter a
13		substance abuse intervention or treatment program approved by
14		the court and the defendant agrees to pay for all or some
15		portion of the costs associated with the intervention or
16		treatment program. In this case, the collection of the
17		assessment imposed under this Section shall be suspended during
18		the defendant's participation in the approved intervention or
19		treatment program. Upon successful completion of the program,
20		the defendant may apply to the court to reduce the assessment
21		imposed under this Section by any amount actually paid by the
22		defendant for his or her participation in the program. The
23		court shall not reduce the penalty under this subsection unless
24		the defendant establishes to the satisfaction of the court that
25		he or she has successfully completed the intervention or
26		treatment program. If the defendant's participation is for any

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1		reason terminated before his or her successful completion of
2		the intervention or treatment program, collection of the entire
3		assessment imposed under this Section shall be enforced.
4		Nothing in this Section shall be deemed to affect or suspend
5		any other fines, restitution costs, forfeitures, or
6		assessments imposed under this or any other Act.
7		(g) The court shall not impose more than one assessment per
8		complaint, indictment, or information. If the person is
9		convicted of more than one offense in a complaint, indictment,
10		or information, the assessment shall be based on the highest
11		class offense for which the person is convicted.
12		(h) In counties with a population under 3,000,000, all
13		moneys collected under this Section shall be forwarded by the
14		clerk of the circuit court to the State Treasurer for deposit
15		in the Drug Treatment Fund. The Department of Human Services
16		may make grants to persons licensed under Section 15-10 of the
17		Substance Use Disorder Act Alcoholism and Other Drug Abuse and
18		Dependency Act or to municipalities or counties from funds
19		appropriated to the Department from the Drug Treatment Fund for
20		the treatment of pregnant women who are addicted to alcohol,
21		cannabis or controlled substances and for the needed care of
22		minor, unemancipated children of women undergoing residential
23		drug treatment. If the Department of Human Services grants
24		funds to a municipality or a county that the Department
25		determines is not experiencing a problem with pregnant women
26		addicted to alcohol, cannabis or controlled substances, or with

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1		care for minor, unemancipated children of women undergoing
2		residential drug treatment, or intervention, the funds shall be
3		used for the treatment of any person addicted to alcohol,
4		cannabis, or controlled substances. The Department may adopt
5		such rules as it deems appropriate for the administration of
6		such grants.
7		(i) In counties with a population of 3,000,000 or more, all
8		moneys collected under this Section shall be forwarded to the
9		County Treasurer for deposit into the County Health Fund. The
10		County Treasurer shall, no later than the 15th day of each
11		month, forward to the State Treasurer 30 percent of all moneys
12		collected under this Act and received into the County Health
13		Fund since the prior remittance to the State Treasurer. Funds
14		retained by the County shall be used for community-based
15		treatment of pregnant women who are addicted to alcohol,
16		cannabis, or controlled substances or for the needed care of
17		minor, unemancipated children of these women. Funds forwarded
18		to the State Treasurer shall be deposited into the State Drug
19		Treatment Fund maintained by the State Treasurer from which the
20		Department of Human Services may make grants to persons
21		licensed under Section 15-10 of the Alcoholism and Other Drug
22		Abuse and Dependency Act or to municipalities or counties from
23		funds appropriated to the Department from the Drug Treatment
24		Fund, provided that the moneys collected from each county be
25		returned proportionately to the counties through grants to
26		licensees located within the county from which the assessment

SB2834 Engrossed - 420 - LRB100 16078 KTG 33917 b
1		was received and moneys in the State Drug Treatment Fund shall
2		not supplant other local, State or federal funds. If the
3		Department of Human Services grants funds to a municipality or
4		county that the Department determines is not experiencing a
5		problem with pregnant women addicted to alcohol, cannabis or
6		controlled substances, or with care for minor, unemancipated
7		children or women undergoing residential drug treatment, the
8		funds shall be used for the treatment of any person addicted to
9		alcohol, cannabis or controlled substances. The Department may
10		adopt such rules as it deems appropriate for the administration
11		of such grants.
12		(Source: P.A. 94-556, eff. 9-11-05.)
13		Section 110. The Unified Code of Corrections is amended by
14		changing Sections 3-6-2, 3-8-5, 3-19-5, 3-19-10, 5-2-6,
15		5-4.5-95, and 5-5-3 as follows:
16		(730 ILCS 5/3-6-2) (from Ch. 38, par. 1003-6-2)
17		Sec. 3-6-2. Institutions and Facility Administration.
18		(a) Each institution and facility of the Department shall
19		be administered by a chief administrative officer appointed by
20		the Director. A chief administrative officer shall be
21		responsible for all persons assigned to the institution or
22		facility. The chief administrative officer shall administer
23		the programs of the Department for the custody and treatment of
24		such persons.

SB2834 Engrossed - 421 - LRB100 16078 KTG 33917 b
1		(b) The chief administrative officer shall have such
2		assistants as the Department may assign.
3		(c) The Director or Assistant Director shall have the
4		emergency powers to temporarily transfer individuals without
5		formal procedures to any State, county, municipal or regional
6		correctional or detention institution or facility in the State,
7		subject to the acceptance of such receiving institution or
8		facility, or to designate any reasonably secure place in the
9		State as such an institution or facility and to make transfers
10		thereto. However, transfers made under emergency powers shall
11		be reviewed as soon as practicable under Article 8, and shall
12		be subject to Section 5-905 of the Juvenile Court Act of 1987.
13		This Section shall not apply to transfers to the Department of
14		Human Services which are provided for under Section 3-8-5 or
15		Section 3-10-5.
16		(d) The Department shall provide educational programs for
17		all committed persons so that all persons have an opportunity
18		to attain the achievement level equivalent to the completion of
19		the twelfth grade in the public school system in this State.
20		Other higher levels of attainment shall be encouraged and
21		professional instruction shall be maintained wherever
22		possible. The Department may establish programs of mandatory
23		education and may establish rules and regulations for the
24		administration of such programs. A person committed to the
25		Department who, during the period of his or her incarceration,
26		participates in an educational program provided by or through

SB2834 Engrossed - 422 - LRB100 16078 KTG 33917 b
1		the Department and through that program is awarded or earns the
2		number of hours of credit required for the award of an
3		associate, baccalaureate, or higher degree from a community
4		college, college, or university located in Illinois shall
5		reimburse the State, through the Department, for the costs
6		incurred by the State in providing that person during his or
7		her incarceration with the education that qualifies him or her
8		for the award of that degree. The costs for which reimbursement
9		is required under this subsection shall be determined and
10		computed by the Department under rules and regulations that it
11		shall establish for that purpose. However, interest at the rate
12		of 6% per annum shall be charged on the balance of those costs
13		from time to time remaining unpaid, from the date of the
14		person's parole, mandatory supervised release, or release
15		constituting a final termination of his or her commitment to
16		the Department until paid.
17		(d-5) A person committed to the Department is entitled to
18		confidential testing for infection with human immunodeficiency
19		virus (HIV) and to counseling in connection with such testing,
20		with no copay to the committed person. A person committed to
21		the Department who has tested positive for infection with HIV
22		is entitled to medical care while incarcerated, counseling, and
23		referrals to support services, in connection with that positive
24		test result. Implementation of this subsection (d-5) is subject
25		to appropriation.
26		(e) A person committed to the Department who becomes in

SB2834 Engrossed - 423 - LRB100 16078 KTG 33917 b
1		need of medical or surgical treatment but is incapable of
2		giving consent thereto shall receive such medical or surgical
3		treatment by the chief administrative officer consenting on the
4		person's behalf. Before the chief administrative officer
5		consents, he or she shall obtain the advice of one or more
6		physicians licensed to practice medicine in all its branches in
7		this State. If such physician or physicians advise:
8		(1) that immediate medical or surgical treatment is
9		required relative to a condition threatening to cause
10		death, damage or impairment to bodily functions, or
11		disfigurement; and
12		(2) that the person is not capable of giving consent to
13		such treatment; the chief administrative officer may give
14		consent for such medical or surgical treatment, and such
15		consent shall be deemed to be the consent of the person for
16		all purposes, including, but not limited to, the authority
17		of a physician to give such treatment.
18		(e-5) If a physician providing medical care to a committed
19		person on behalf of the Department advises the chief
20		administrative officer that the committed person's mental or
21		physical health has deteriorated as a result of the cessation
22		of ingestion of food or liquid to the point where medical or
23		surgical treatment is required to prevent death, damage, or
24		impairment to bodily functions, the chief administrative
25		officer may authorize such medical or surgical treatment.
26		(f) In the event that the person requires medical care and

SB2834 Engrossed - 424 - LRB100 16078 KTG 33917 b
1		treatment at a place other than the institution or facility,
2		the person may be removed therefrom under conditions prescribed
3		by the Department. The Department shall require the committed
4		person receiving medical or dental services on a non-emergency
5		basis to pay a $5 co-payment to the Department for each visit
6		for medical or dental services. The amount of each co-payment
7		shall be deducted from the committed person's individual
8		account. A committed person who has a chronic illness, as
9		defined by Department rules and regulations, shall be exempt
10		from the $5 co-payment for treatment of the chronic illness. A
11		committed person shall not be subject to a $5 co-payment for
12		follow-up visits ordered by a physician, who is employed by, or
13		contracts with, the Department. A committed person who is
14		indigent is exempt from the $5 co-payment and is entitled to
15		receive medical or dental services on the same basis as a
16		committed person who is financially able to afford the
17		co-payment. For purposes of this Section only, "indigent" means
18		a committed person who has $20 or less in his or her Inmate
19		Trust Fund at the time of such services and for the 30 days
20		prior to such services. Notwithstanding any other provision in
21		this subsection (f) to the contrary, any person committed to
22		any facility operated by the Department of Juvenile Justice, as
23		set forth in Section 3-2.5-15 of this Code, is exempt from the
24		co-payment requirement for the duration of confinement in those
25		facilities.
26		(g) Any person having sole custody of a child at the time

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1		of commitment or any woman giving birth to a child after her
2		commitment, may arrange through the Department of Children and
3		Family Services for suitable placement of the child outside of
4		the Department of Corrections. The Director of the Department
5		of Corrections may determine that there are special reasons why
6		the child should continue in the custody of the mother until
7		the child is 6 years old.
8		(h) The Department may provide Family Responsibility
9		Services which may consist of, but not be limited to the
10		following:
11		(1) family advocacy counseling;
12		(2) parent self-help group;
13		(3) parenting skills training;
14		(4) parent and child overnight program;
15		(5) parent and child reunification counseling, either
16		separately or together, preceding the inmate's release;
17		and
18		(6) a prerelease reunification staffing involving the
19		family advocate, the inmate and the child's counselor, or
20		both and the inmate.
21		(i) (Blank).
22		(j) Any person convicted of a sex offense as defined in the
23		Sex Offender Management Board Act shall be required to receive
24		a sex offender evaluation prior to release into the community
25		from the Department of Corrections. The sex offender evaluation
26		shall be conducted in conformance with the standards and

SB2834 Engrossed - 426 - LRB100 16078 KTG 33917 b
1		guidelines developed under the Sex Offender Management Board
2		Act and by an evaluator approved by the Board.
3		(k) Any minor committed to the Department of Juvenile
4		Justice for a sex offense as defined by the Sex Offender
5		Management Board Act shall be required to undergo sex offender
6		treatment by a treatment provider approved by the Board and
7		conducted in conformance with the Sex Offender Management Board
8		Act.
9		(l) Prior to the release of any inmate committed to a
10		facility of the Department or the Department of Juvenile
11		Justice, the Department must provide the inmate with
12		appropriate information verbally, in writing, by video, or
13		other electronic means, concerning HIV and AIDS. The Department
14		shall develop the informational materials in consultation with
15		the Department of Public Health. At the same time, the
16		Department must also offer the committed person the option of
17		testing for infection with human immunodeficiency virus (HIV),
18		with no copayment for the test. Pre-test information shall be
19		provided to the committed person and informed consent obtained
20		as required in subsection (d) of Section 3 and Section 5 of the
21		AIDS Confidentiality Act. The Department may conduct opt-out
22		HIV testing as defined in Section 4 of the AIDS Confidentiality
23		Act. If the Department conducts opt-out HIV testing, the
24		Department shall place signs in English, Spanish and other
25		languages as needed in multiple, highly visible locations in
26		the area where HIV testing is conducted informing inmates that

SB2834 Engrossed - 427 - LRB100 16078 KTG 33917 b
1		they will be tested for HIV unless they refuse, and refusal or
2		acceptance of testing shall be documented in the inmate's
3		medical record. The Department shall follow procedures
4		established by the Department of Public Health to conduct HIV
5		testing and testing to confirm positive HIV test results. All
6		testing must be conducted by medical personnel, but pre-test
7		and other information may be provided by committed persons who
8		have received appropriate training. The Department, in
9		conjunction with the Department of Public Health, shall develop
10		a plan that complies with the AIDS Confidentiality Act to
11		deliver confidentially all positive or negative HIV test
12		results to inmates or former inmates. Nothing in this Section
13		shall require the Department to offer HIV testing to an inmate
14		who is known to be infected with HIV, or who has been tested
15		for HIV within the previous 180 days and whose documented HIV
16		test result is available to the Department electronically. The
17		testing provided under this subsection (l) shall consist of a
18		test approved by the Illinois Department of Public Health to
19		determine the presence of HIV infection, based upon
20		recommendations of the United States Centers for Disease
21		Control and Prevention. If the test result is positive, a
22		reliable supplemental test based upon recommendations of the
23		United States Centers for Disease Control and Prevention shall
24		be administered.
25		Prior to the release of an inmate who the Department knows
26		has tested positive for infection with HIV, the Department in a

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1		timely manner shall offer the inmate transitional case
2		management, including referrals to other support services.
3		(m) The chief administrative officer of each institution or
4		facility of the Department shall make a room in the institution
5		or facility available for substance use disorder addiction
6		recovery services to be provided to committed persons on a
7		voluntary basis. The services shall be provided for one hour
8		once a week at a time specified by the chief administrative
9		officer of the institution or facility if the following
10		conditions are met:
11		(1) the substance use disorder addiction recovery
12		service contacts the chief administrative officer to
13		arrange the meeting;
14		(2) the committed person may attend the meeting for
15		substance use disorder addiction recovery services only if
16		the committed person uses pre-existing free time already
17		available to the committed person;
18		(3) all disciplinary and other rules of the institution
19		or facility remain in effect;
20		(4) the committed person is not given any additional
21		privileges to attend substance use disorder addiction
22		recovery services;
23		(5) if the substance use disorder addiction recovery
24		service does not arrange for scheduling a meeting for that
25		week, no substance use disorder addiction recovery
26		services shall be provided to the committed person in the

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1		institution or facility for that week;
2		(6) the number of committed persons who may attend a
3		substance use disorder an addiction recovery meeting shall
4		not exceed 40 during any session held at the correctional
5		institution or facility;
6		(7) a volunteer seeking to provide substance use
7		disorder addiction recovery services under this subsection
8		(m) must submit an application to the Department of
9		Corrections under existing Department rules and the
10		Department must review the application within 60 days after
11		submission of the application to the Department; and
12		(8) each institution and facility of the Department
13		shall manage the substance use disorder addiction recovery
14		services program according to its own processes and
15		procedures.
16		For the purposes of this subsection (m), "substance use
17		disorder addiction recovery services" means recovery services
18		for persons with substance use disorders alcoholics and addicts
19		provided by volunteers of recovery support services recognized
20		by the Department of Human Services.
21		(Source: P.A. 96-284, eff. 1-1-10; 97-244, eff. 8-4-11; 97-323,
22		eff. 8-12-11; 97-562, eff. 1-1-12; 97-802, eff. 7-13-12;
23		97-813, eff. 7-13-12.)
24		(730 ILCS 5/3-8-5) (from Ch. 38, par. 1003-8-5)
25		Sec. 3-8-5. Transfer to Department of Human Services.

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1		(a) The Department shall cause inquiry and examination at
2		periodic intervals to ascertain whether any person committed to
3		it may be subject to involuntary admission, as defined in
4		Section 1-119 of the Mental Health and Developmental
5		Disabilities Code, or meets the standard for judicial admission
6		as defined in Section 4-500 of the Mental Health and
7		Developmental Disabilities Code, or is an intoxicated person or
8		a person with a substance use disorder as defined in the
9		Substance Use Disorder Act. an addict, alcoholic or intoxicated
10		person as defined in the Alcoholism and Other Drug Abuse and
11		Dependency Act. The Department may provide special psychiatric
12		or psychological or other counseling or treatment to such
13		persons in a separate institution within the Department, or the
14		Director of the Department of Corrections may transfer such
15		persons other than addicts, alcoholics or intoxicated persons
16		or persons with substance use disorders to the Department of
17		Human Services for observation, diagnosis and treatment,
18		subject to the approval of the Director of the Department of
19		Human Services, for a period of not more than 6 months, if the
20		person consents in writing to the transfer. The person shall be
21		advised of his right not to consent, and if he does not
22		consent, such transfer may be effected only by commitment under
23		paragraphs (c) and (d) of this Section.
24		(b) The person's spouse, guardian or nearest relative and
25		his attorney of record shall be advised of their right to
26		object, and if objection is made, such transfer may be effected

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1		only by commitment under paragraph (c) of this Section. Notices
2		of such transfer shall be mailed to such person's spouse,
3		guardian or nearest relative and to the attorney of record
4		marked for delivery to addressee only at his last known address
5		by certified mail with return receipt requested together with
6		written notification of the manner and time within which he may
7		object thereto.
8		(c) If a committed person does not consent to his transfer
9		to the Department of Human Services or if a person objects
10		under paragraph (b) of this Section, or if the Department of
11		Human Services determines that a transferred person requires
12		commitment to the Department of Human Services for more than 6
13		months, or if the person's sentence will expire within 6
14		months, the Director of the Department of Corrections shall
15		file a petition in the circuit court of the county in which the
16		correctional institution or facility is located requesting the
17		transfer of such person to the Department of Human Services. A
18		certificate of a psychiatrist, clinical psychologist or, if
19		admission to a developmental disability facility is sought, of
20		a physician that the person is in need of commitment to the
21		Department of Human Services for treatment or habilitation
22		shall be attached to the petition. Copies of the petition shall
23		be furnished to the named person and to the state's attorneys
24		of the county in which the correctional institution or facility
25		is located and the county in which the named person was
26		committed to the Department of Corrections.

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1		(d) The court shall set a date for a hearing on the
2		petition within the time limit set forth in the Mental Health
3		and Developmental Disabilities Code. The hearing shall be
4		conducted in the manner prescribed by the Mental Health and
5		Developmental Disabilities Code. If the person is found to be
6		in need of commitment to the Department of Human Services for
7		treatment or habilitation, the court may commit him to that
8		Department.
9		(e) Nothing in this Section shall limit the right of the
10		Director or the chief administrative officer of any institution
11		or facility to utilize the emergency admission provisions of
12		the Mental Health and Developmental Disabilities Code with
13		respect to any person in his custody or care. The transfer of a
14		person to an institution or facility of the Department of Human
15		Services under paragraph (a) of this Section does not discharge
16		the person from the control of the Department.
17		(Source: P.A. 88-670, eff. 12-2-94; 89-507, eff. 7-1-97.)
18		(730 ILCS 5/3-19-5)
19		Sec. 3-19-5. Methamphetamine abusers pilot program;
20		Franklin County Juvenile Detention Center.
21		(a) There is created the Methamphetamine Abusers Pilot
22		Program at the Franklin County Juvenile Detention Center. The
23		Program shall be established upon adoption of a resolution or
24		ordinance by the Franklin County Board and with the consent of
25		the Secretary of Human Services.

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1		(b) A person convicted of the unlawful possession of
2		methamphetamine under Section 60 of the Methamphetamine
3		Control and Community Protection Act, after an assessment by a
4		designated program licensed under the Substance Use Disorder
5		Act Alcoholism and Other Drug Abuse and Dependency Act that the
6		person has a substance use disorder as defined in the Substance
7		Use Disorder Act is a methamphetamine abuser or addict and may
8		benefit from treatment for his or her substance use disorder
9		abuse or addiction, may be ordered by the court to be committed
10		to the Program established under this Section.
11		(c) The Program shall consist of medical and psychiatric
12		treatment for the substance use disorder abuse or addiction for
13		a period of at least 90 days and not to exceed 180 days. A
14		treatment plan for each person participating in the Program
15		shall be approved by the court in consultation with the
16		Department of Human Services. The Secretary of Human Services
17		shall appoint a Program Administrator to operate the Program
18		who shall be licensed to provide residential treatment for
19		substance use disorders alcoholism and other drug abuse and
20		dependency.
21		(d) Persons committed to the Program who are 17 years of
22		age or older shall be separated from minors under 17 years of
23		age who are detained in the Juvenile Detention Center and there
24		shall be no contact between them.
25		(e) Upon the establishment of the Pilot Program, the
26		Secretary of Human Services shall inform the chief judge of

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1		each judicial circuit of this State of the existence of the
2		Program and its date of termination.
3		(f) The Secretary of Human Services, after consultation
4		with the Program Administrator, shall determine the
5		effectiveness of the Program in rehabilitating persons with
6		substance use disorders methamphetamine abusers and addicts
7		committed to the Program. The Secretary shall prepare a report
8		based on his or her assessment of the effectiveness of the
9		Program and shall submit the report to the Governor and General
10		Assembly within one year after January 1, 2006 (the effective
11		date of Public Act 94-549) and each year thereafter that the
12		Program continues operation.
13		(Source: P.A. 94-549, eff. 1-1-06; 95-331, eff. 8-21-07.)
14		(730 ILCS 5/3-19-10)
15		Sec. 3-19-10. Methamphetamine abusers pilot program;
16		Franklin County Jail.
17		(a) There is created the Methamphetamine Abusers Pilot
18		Program at the Franklin County Jail. The Program shall be
19		established upon adoption of a resolution or ordinance by the
20		Franklin County Board and with the consent of the Secretary of
21		Human Services.
22		(b) A person convicted of the unlawful possession of
23		methamphetamine under Section 402 of the Illinois Controlled
24		Substances Act, after an assessment by a designated program
25		licensed under the Substance Use Disorder Act Alcoholism and

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1		Other Drug Abuse and Dependency Act that the person has a
2		substance use disorder as defined in the Substance Use Disorder
3		Act is a methamphetamine abuser or addict and may benefit from
4		treatment for his or her substance use disorder abuse or
5		addiction, may be ordered by the court to be committed to the
6		Program established under this Section.
7		(c) The Program shall consist of medical and psychiatric
8		treatment for the substance use disorder abuse or addiction for
9		a period of at least 90 days and not to exceed 180 days. A
10		treatment plan for each person participating in the Program
11		shall be approved by the court in consultation with the
12		Department of Human Services. The Secretary of Human Services
13		shall appoint a Program Administrator to operate the Program
14		who shall be licensed to provide residential treatment for
15		substance use disorders alcoholism and other drug abuse and
16		dependency.
17		(d) Upon the establishment of the Pilot Program, the
18		Secretary of Human Services shall inform the chief judge of
19		each judicial circuit of this State of the existence of the
20		Program and its date of termination.
21		(e) The Secretary of Human Services, after consultation
22		with the Program Administrator, shall determine the
23		effectiveness of the Program in rehabilitating persons with
24		substance use disorders methamphetamine abusers and addicts
25		committed to the Program. The Secretary shall prepare a report
26		based on his or her assessment of the effectiveness of the

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1		Program and shall submit the report to the Governor and General
2		Assembly within one year after the effective date of this
3		amendatory Act of the 94th General Assembly and each year
4		thereafter that the Program continues operation.
5		(Source: P.A. 94-549, eff. 1-1-06; 95-331, eff. 8-21-07.)
6		(730 ILCS 5/5-2-6) (from Ch. 38, par. 1005-2-6)
7		Sec. 5-2-6. Sentencing and Treatment of Defendant Found
8		Guilty but Mentally Ill.
9		(a) After a plea or verdict of guilty but mentally ill
10		under Sections 115-2, 115-3 or 115-4 of the Code of Criminal
11		Procedure of 1963, the court shall order a presentence
12		investigation and report pursuant to Sections 5-3-1 and 5-3-2
13		of this Act, and shall set a date for a sentencing hearing. The
14		court may impose any sentence upon the defendant which could be
15		imposed pursuant to law upon a defendant who had been convicted
16		of the same offense without a finding of mental illness.
17		(b) If the court imposes a sentence of imprisonment upon a
18		defendant who has been found guilty but mentally ill, the
19		defendant shall be committed to the Department of Corrections,
20		which shall cause periodic inquiry and examination to be made
21		concerning the nature, extent, continuance, and treatment of
22		the defendant's mental illness. The Department of Corrections
23		shall provide such psychiatric, psychological, or other
24		counseling and treatment for the defendant as it determines
25		necessary.

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1		(c) The Department of Corrections may transfer the
2		defendant's custody to the Department of Human Services in
3		accordance with the provisions of Section 3-8-5 of this Act.
4		(d) (1) The Department of Human Services shall return to
5		the Department of Corrections any person committed to it
6		pursuant to this Section whose sentence has not expired and
7		whom the Department of Human Services deems no longer requires
8		hospitalization for mental treatment, an intellectual
9		disability, or a substance use disorder as defined in Section
10		1-10 of the Substance Use Disorder Act. addiction.
11		(2) The Department of Corrections shall notify the
12		Secretary of Human Services of the expiration of the sentence
13		of any person transferred to the Department of Human Services
14		under this Section. If the Department of Human Services
15		determines that any such person requires further
16		hospitalization, it shall file an appropriate petition for
17		involuntary commitment pursuant to the Mental Health and
18		Developmental Disabilities Code.
19		(e) (1) All persons found guilty but mentally ill, whether
20		by plea or by verdict, who are placed on probation or sentenced
21		to a term of periodic imprisonment or a period of conditional
22		discharge shall be required to submit to a course of mental
23		treatment prescribed by the sentencing court.
24		(2) The course of treatment prescribed by the court shall
25		reasonably assure the defendant's satisfactory progress in
26		treatment or habilitation and for the safety of the defendant

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1		and others. The court shall consider terms, conditions and
2		supervision which may include, but need not be limited to,
3		notification and discharge of the person to the custody of his
4		family, community adjustment programs, periodic checks with
5		legal authorities and outpatient care and utilization of local
6		mental health or developmental disabilities facilities.
7		(3) Failure to continue treatment, except by agreement with
8		the treating person or agency and the court, shall be a basis
9		for the institution of probation revocation proceedings.
10		(4) The period of probation shall be in accordance with
11		Article 4.5 of Chapter V of this Code and shall not be
12		shortened without receipt and consideration of such
13		psychiatric or psychological report or reports as the court may
14		require.
15		(Source: P.A. 97-227, eff. 1-1-12.)
16		(730 ILCS 5/5-4.5-95)
17		Sec. 5-4.5-95. GENERAL RECIDIVISM PROVISIONS.
18		(a) HABITUAL CRIMINALS.
19		(1) Every person who has been twice convicted in any
20		state or federal court of an offense that contains the same
21		elements as an offense now (the date of the offense
22		committed after the 2 prior convictions) classified in
23		Illinois as a Class X felony, criminal sexual assault,
24		aggravated kidnapping, or first degree murder, and who is
25		thereafter convicted of a Class X felony, criminal sexual

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1		assault, or first degree murder, committed after the 2
2		prior convictions, shall be adjudged an habitual criminal.
3		(2) The 2 prior convictions need not have been for the
4		same offense.
5		(3) Any convictions that result from or are connected
6		with the same transaction, or result from offenses
7		committed at the same time, shall be counted for the
8		purposes of this Section as one conviction.
9		(4) This Section does not apply unless each of the
10		following requirements are satisfied:
11		(A) The third offense was committed after July 3,
12		1980.
13		(B) The third offense was committed within 20 years
14		of the date that judgment was entered on the first
15		conviction; provided, however, that time spent in
16		custody shall not be counted.
17		(C) The third offense was committed after
18		conviction on the second offense.
19		(D) The second offense was committed after
20		conviction on the first offense.
21		(5) Anyone who, having attained the age of 18 at the
22		time of the third offense, is adjudged an habitual criminal
23		shall be sentenced to a term of natural life imprisonment.
24		(6) A prior conviction shall not be alleged in the
25		indictment, and no evidence or other disclosure of that
26		conviction shall be presented to the court or the jury

SB2834 Engrossed - 440 - LRB100 16078 KTG 33917 b
1		during the trial of an offense set forth in this Section
2		unless otherwise permitted by the issues properly raised in
3		that trial. After a plea or verdict or finding of guilty
4		and before sentence is imposed, the prosecutor may file
5		with the court a verified written statement signed by the
6		State's Attorney concerning any former conviction of an
7		offense set forth in this Section rendered against the
8		defendant. The court shall then cause the defendant to be
9		brought before it; shall inform the defendant of the
10		allegations of the statement so filed, and of his or her
11		right to a hearing before the court on the issue of that
12		former conviction and of his or her right to counsel at
13		that hearing; and unless the defendant admits such
14		conviction, shall hear and determine the issue, and shall
15		make a written finding thereon. If a sentence has
16		previously been imposed, the court may vacate that sentence
17		and impose a new sentence in accordance with this Section.
18		(7) A duly authenticated copy of the record of any
19		alleged former conviction of an offense set forth in this
20		Section shall be prima facie evidence of that former
21		conviction; and a duly authenticated copy of the record of
22		the defendant's final release or discharge from probation
23		granted, or from sentence and parole supervision (if any)
24		imposed pursuant to that former conviction, shall be prima
25		facie evidence of that release or discharge.
26		(8) Any claim that a previous conviction offered by the

SB2834 Engrossed - 441 - LRB100 16078 KTG 33917 b
1		prosecution is not a former conviction of an offense set
2		forth in this Section because of the existence of any
3		exceptions described in this Section, is waived unless duly
4		raised at the hearing on that conviction, or unless the
5		prosecution's proof shows the existence of the exceptions
6		described in this Section.
7		(9) If the person so convicted shows to the
8		satisfaction of the court before whom that conviction was
9		had that he or she was released from imprisonment, upon
10		either of the sentences upon a pardon granted for the
11		reason that he or she was innocent, that conviction and
12		sentence shall not be considered under this Section.
13		(b) When a defendant, over the age of 21 years, is
14		convicted of a Class 1 or Class 2 felony, except for an offense
15		listed in subsection (c) of this Section, after having twice
16		been convicted in any state or federal court of an offense that
17		contains the same elements as an offense now (the date the
18		Class 1 or Class 2 felony was committed) classified in Illinois
19		as a Class 2 or greater Class felony, except for an offense
20		listed in subsection (c) of this Section, and those charges are
21		separately brought and tried and arise out of different series
22		of acts, that defendant shall be sentenced as a Class X
23		offender. This subsection does not apply unless:
24		(1) the first felony was committed after February 1,
25		1978 (the effective date of Public Act 80-1099);
26		(2) the second felony was committed after conviction on

SB2834 Engrossed - 442 - LRB100 16078 KTG 33917 b
1		the first; and
2		(3) the third felony was committed after conviction on
3		the second.
4		(c) Subsection (b) of this Section does not apply to Class
5		1 or Class 2 felony convictions for a violation of Section 16-1
6		of the Criminal Code of 2012.
7		A person sentenced as a Class X offender under this
8		subsection (b) is not eligible to apply for treatment as a
9		condition of probation as provided by Section 40-10 of the
10		Substance Use Disorder Act Alcoholism and Other Drug Abuse and
11		Dependency Act (20 ILCS 301/40-10).
12		(Source: P.A. 99-69, eff. 1-1-16; 100-3, eff. 1-1-18.)
13		(730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
14		Sec. 5-5-3. Disposition.
15		(a) (Blank).
16		(b) (Blank).
17		(c) (1) (Blank).
18		(2) A period of probation, a term of periodic imprisonment
19		or conditional discharge shall not be imposed for the following
20		offenses. The court shall sentence the offender to not less
21		than the minimum term of imprisonment set forth in this Code
22		for the following offenses, and may order a fine or restitution
23		or both in conjunction with such term of imprisonment:
24		(A) First degree murder where the death penalty is not
25		imposed.

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1		(B) Attempted first degree murder.
2		(C) A Class X felony.
3		(D) A violation of Section 401.1 or 407 of the Illinois
4		Controlled Substances Act, or a violation of subdivision
5		(c)(1.5) of Section 401 of that Act which relates to more
6		than 5 grams of a substance containing fentanyl or an
7		analog thereof.
8		(D-5) A violation of subdivision (c)(1) of Section 401
9		of the Illinois Controlled Substances Act which relates to
10		3 or more grams of a substance containing heroin or an
11		analog thereof.
12		(E) (Blank).
13		(F) A Class 1 or greater felony if the offender had
14		been convicted of a Class 1 or greater felony, including
15		any state or federal conviction for an offense that
16		contained, at the time it was committed, the same elements
17		as an offense now (the date of the offense committed after
18		the prior Class 1 or greater felony) classified as a Class
19		1 or greater felony, within 10 years of the date on which
20		the offender committed the offense for which he or she is
21		being sentenced, except as otherwise provided in Section
22		40-10 of the Substance Use Disorder Act. Alcoholism and
23		Other Drug Abuse and Dependency Act.
24		(F-3) A Class 2 or greater felony sex offense or felony
25		firearm offense if the offender had been convicted of a
26		Class 2 or greater felony, including any state or federal

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1		conviction for an offense that contained, at the time it
2		was committed, the same elements as an offense now (the
3		date of the offense committed after the prior Class 2 or
4		greater felony) classified as a Class 2 or greater felony,
5		within 10 years of the date on which the offender committed
6		the offense for which he or she is being sentenced, except
7		as otherwise provided in Section 40-10 of the Substance Use
8		Disorder Act. Alcoholism and Other Drug Abuse and
9		Dependency Act.
10		(F-5) A violation of Section 24-1, 24-1.1, or 24-1.6 of
11		the Criminal Code of 1961 or the Criminal Code of 2012 for
12		which imprisonment is prescribed in those Sections.
13		(G) Residential burglary, except as otherwise provided
14		in Section 40-10 of the Substance Use Disorder Act.
15		Alcoholism and Other Drug Abuse and Dependency Act.
16		(H) Criminal sexual assault.
17		(I) Aggravated battery of a senior citizen as described
18		in Section 12-4.6 or subdivision (a)(4) of Section 12-3.05
19		of the Criminal Code of 1961 or the Criminal Code of 2012.
20		(J) A forcible felony if the offense was related to the
21		activities of an organized gang.
22		Before July 1, 1994, for the purposes of this
23		paragraph, "organized gang" means an association of 5 or
24		more persons, with an established hierarchy, that
25		encourages members of the association to perpetrate crimes
26		or provides support to the members of the association who

SB2834 Engrossed - 445 - LRB100 16078 KTG 33917 b
1		do commit crimes.
2		Beginning July 1, 1994, for the purposes of this
3		paragraph, "organized gang" has the meaning ascribed to it
4		in Section 10 of the Illinois Streetgang Terrorism Omnibus
5		Prevention Act.
6		(K) Vehicular hijacking.
7		(L) A second or subsequent conviction for the offense
8		of hate crime when the underlying offense upon which the
9		hate crime is based is felony aggravated assault or felony
10		mob action.
11		(M) A second or subsequent conviction for the offense
12		of institutional vandalism if the damage to the property
13		exceeds $300.
14		(N) A Class 3 felony violation of paragraph (1) of
15		subsection (a) of Section 2 of the Firearm Owners
16		Identification Card Act.
17		(O) A violation of Section 12-6.1 or 12-6.5 of the
18		Criminal Code of 1961 or the Criminal Code of 2012.
19		(P) A violation of paragraph (1), (2), (3), (4), (5),
20		or (7) of subsection (a) of Section 11-20.1 of the Criminal
21		Code of 1961 or the Criminal Code of 2012.
22		(Q) A violation of subsection (b) or (b-5) of Section
23		20-1, Section 20-1.2, or Section 20-1.3 of the Criminal
24		Code of 1961 or the Criminal Code of 2012.
25		(R) A violation of Section 24-3A of the Criminal Code
26		of 1961 or the Criminal Code of 2012.

SB2834 Engrossed - 446 - LRB100 16078 KTG 33917 b
1		(S) (Blank).
2		(T) (Blank).
3		(U) A second or subsequent violation of Section 6-303
4		of the Illinois Vehicle Code committed while his or her
5		driver's license, permit, or privilege was revoked because
6		of a violation of Section 9-3 of the Criminal Code of 1961
7		or the Criminal Code of 2012, relating to the offense of
8		reckless homicide, or a similar provision of a law of
9		another state.
10		(V) A violation of paragraph (4) of subsection (c) of
11		Section 11-20.1B or paragraph (4) of subsection (c) of
12		Section 11-20.3 of the Criminal Code of 1961, or paragraph
13		(6) of subsection (a) of Section 11-20.1 of the Criminal
14		Code of 2012 when the victim is under 13 years of age and
15		the defendant has previously been convicted under the laws
16		of this State or any other state of the offense of child
17		pornography, aggravated child pornography, aggravated
18		criminal sexual abuse, aggravated criminal sexual assault,
19		predatory criminal sexual assault of a child, or any of the
20		offenses formerly known as rape, deviate sexual assault,
21		indecent liberties with a child, or aggravated indecent
22		liberties with a child where the victim was under the age
23		of 18 years or an offense that is substantially equivalent
24		to those offenses.
25		(W) A violation of Section 24-3.5 of the Criminal Code
26		of 1961 or the Criminal Code of 2012.

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1		(X) A violation of subsection (a) of Section 31-1a of
2		the Criminal Code of 1961 or the Criminal Code of 2012.
3		(Y) A conviction for unlawful possession of a firearm
4		by a street gang member when the firearm was loaded or
5		contained firearm ammunition.
6		(Z) A Class 1 felony committed while he or she was
7		serving a term of probation or conditional discharge for a
8		felony.
9		(AA) Theft of property exceeding $500,000 and not
10		exceeding $1,000,000 in value.
11		(BB) Laundering of criminally derived property of a
12		value exceeding $500,000.
13		(CC) Knowingly selling, offering for sale, holding for
14		sale, or using 2,000 or more counterfeit items or
15		counterfeit items having a retail value in the aggregate of
16		$500,000 or more.
17		(DD) A conviction for aggravated assault under
18		paragraph (6) of subsection (c) of Section 12-2 of the
19		Criminal Code of 1961 or the Criminal Code of 2012 if the
20		firearm is aimed toward the person against whom the firearm
21		is being used.
22		(EE) A conviction for a violation of paragraph (2) of
23		subsection (a) of Section 24-3B of the Criminal Code of
24		2012.
25		(3) (Blank).
26		(4) A minimum term of imprisonment of not less than 10

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1		consecutive days or 30 days of community service shall be
2		imposed for a violation of paragraph (c) of Section 6-303 of
3		the Illinois Vehicle Code.
4		(4.1) (Blank).
5		(4.2) Except as provided in paragraphs (4.3) and (4.8) of
6		this subsection (c), a minimum of 100 hours of community
7		service shall be imposed for a second violation of Section
8		6-303 of the Illinois Vehicle Code.
9		(4.3) A minimum term of imprisonment of 30 days or 300
10		hours of community service, as determined by the court, shall
11		be imposed for a second violation of subsection (c) of Section
12		6-303 of the Illinois Vehicle Code.
13		(4.4) Except as provided in paragraphs (4.5), (4.6), and
14		(4.9) of this subsection (c), a minimum term of imprisonment of
15		30 days or 300 hours of community service, as determined by the
16		court, shall be imposed for a third or subsequent violation of
17		Section 6-303 of the Illinois Vehicle Code. The court may give
18		credit toward the fulfillment of community service hours for
19		participation in activities and treatment as determined by
20		court services.
21		(4.5) A minimum term of imprisonment of 30 days shall be
22		imposed for a third violation of subsection (c) of Section
23		6-303 of the Illinois Vehicle Code.
24		(4.6) Except as provided in paragraph (4.10) of this
25		subsection (c), a minimum term of imprisonment of 180 days
26		shall be imposed for a fourth or subsequent violation of

SB2834 Engrossed - 449 - LRB100 16078 KTG 33917 b
1		subsection (c) of Section 6-303 of the Illinois Vehicle Code.
2		(4.7) A minimum term of imprisonment of not less than 30
3		consecutive days, or 300 hours of community service, shall be
4		imposed for a violation of subsection (a-5) of Section 6-303 of
5		the Illinois Vehicle Code, as provided in subsection (b-5) of
6		that Section.
7		(4.8) A mandatory prison sentence shall be imposed for a
8		second violation of subsection (a-5) of Section 6-303 of the
9		Illinois Vehicle Code, as provided in subsection (c-5) of that
10		Section. The person's driving privileges shall be revoked for a
11		period of not less than 5 years from the date of his or her
12		release from prison.
13		(4.9) A mandatory prison sentence of not less than 4 and
14		not more than 15 years shall be imposed for a third violation
15		of subsection (a-5) of Section 6-303 of the Illinois Vehicle
16		Code, as provided in subsection (d-2.5) of that Section. The
17		person's driving privileges shall be revoked for the remainder
18		of his or her life.
19		(4.10) A mandatory prison sentence for a Class 1 felony
20		shall be imposed, and the person shall be eligible for an
21		extended term sentence, for a fourth or subsequent violation of
22		subsection (a-5) of Section 6-303 of the Illinois Vehicle Code,
23		as provided in subsection (d-3.5) of that Section. The person's
24		driving privileges shall be revoked for the remainder of his or
25		her life.
26		(5) The court may sentence a corporation or unincorporated

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1		association convicted of any offense to:
2		(A) a period of conditional discharge;
3		(B) a fine;
4		(C) make restitution to the victim under Section 5-5-6
5		of this Code.
6		(5.1) In addition to any other penalties imposed, and
7		except as provided in paragraph (5.2) or (5.3), a person
8		convicted of violating subsection (c) of Section 11-907 of the
9		Illinois Vehicle Code shall have his or her driver's license,
10		permit, or privileges suspended for at least 90 days but not
11		more than one year, if the violation resulted in damage to the
12		property of another person.
13		(5.2) In addition to any other penalties imposed, and
14		except as provided in paragraph (5.3), a person convicted of
15		violating subsection (c) of Section 11-907 of the Illinois
16		Vehicle Code shall have his or her driver's license, permit, or
17		privileges suspended for at least 180 days but not more than 2
18		years, if the violation resulted in injury to another person.
19		(5.3) In addition to any other penalties imposed, a person
20		convicted of violating subsection (c) of Section 11-907 of the
21		Illinois Vehicle Code shall have his or her driver's license,
22		permit, or privileges suspended for 2 years, if the violation
23		resulted in the death of another person.
24		(5.4) In addition to any other penalties imposed, a person
25		convicted of violating Section 3-707 of the Illinois Vehicle
26		Code shall have his or her driver's license, permit, or

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1		privileges suspended for 3 months and until he or she has paid
2		a reinstatement fee of $100.
3		(5.5) In addition to any other penalties imposed, a person
4		convicted of violating Section 3-707 of the Illinois Vehicle
5		Code during a period in which his or her driver's license,
6		permit, or privileges were suspended for a previous violation
7		of that Section shall have his or her driver's license, permit,
8		or privileges suspended for an additional 6 months after the
9		expiration of the original 3-month suspension and until he or
10		she has paid a reinstatement fee of $100.
11		(6) (Blank).
12		(7) (Blank).
13		(8) (Blank).
14		(9) A defendant convicted of a second or subsequent offense
15		of ritualized abuse of a child may be sentenced to a term of
16		natural life imprisonment.
17		(10) (Blank).
18		(11) The court shall impose a minimum fine of $1,000 for a
19		first offense and $2,000 for a second or subsequent offense
20		upon a person convicted of or placed on supervision for battery
21		when the individual harmed was a sports official or coach at
22		any level of competition and the act causing harm to the sports
23		official or coach occurred within an athletic facility or
24		within the immediate vicinity of the athletic facility at which
25		the sports official or coach was an active participant of the
26		athletic contest held at the athletic facility. For the

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1		purposes of this paragraph (11), "sports official" means a
2		person at an athletic contest who enforces the rules of the
3		contest, such as an umpire or referee; "athletic facility"
4		means an indoor or outdoor playing field or recreational area
5		where sports activities are conducted; and "coach" means a
6		person recognized as a coach by the sanctioning authority that
7		conducted the sporting event.
8		(12) A person may not receive a disposition of court
9		supervision for a violation of Section 5-16 of the Boat
10		Registration and Safety Act if that person has previously
11		received a disposition of court supervision for a violation of
12		that Section.
13		(13) A person convicted of or placed on court supervision
14		for an assault or aggravated assault when the victim and the
15		offender are family or household members as defined in Section
16		103 of the Illinois Domestic Violence Act of 1986 or convicted
17		of domestic battery or aggravated domestic battery may be
18		required to attend a Partner Abuse Intervention Program under
19		protocols set forth by the Illinois Department of Human
20		Services under such terms and conditions imposed by the court.
21		The costs of such classes shall be paid by the offender.
22		(d) In any case in which a sentence originally imposed is
23		vacated, the case shall be remanded to the trial court. The
24		trial court shall hold a hearing under Section 5-4-1 of the
25		Unified Code of Corrections which may include evidence of the
26		defendant's life, moral character and occupation during the

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1		time since the original sentence was passed. The trial court
2		shall then impose sentence upon the defendant. The trial court
3		may impose any sentence which could have been imposed at the
4		original trial subject to Section 5-5-4 of the Unified Code of
5		Corrections. If a sentence is vacated on appeal or on
6		collateral attack due to the failure of the trier of fact at
7		trial to determine beyond a reasonable doubt the existence of a
8		fact (other than a prior conviction) necessary to increase the
9		punishment for the offense beyond the statutory maximum
10		otherwise applicable, either the defendant may be re-sentenced
11		to a term within the range otherwise provided or, if the State
12		files notice of its intention to again seek the extended
13		sentence, the defendant shall be afforded a new trial.
14		(e) In cases where prosecution for aggravated criminal
15		sexual abuse under Section 11-1.60 or 12-16 of the Criminal
16		Code of 1961 or the Criminal Code of 2012 results in conviction
17		of a defendant who was a family member of the victim at the
18		time of the commission of the offense, the court shall consider
19		the safety and welfare of the victim and may impose a sentence
20		of probation only where:
21		(1) the court finds (A) or (B) or both are appropriate:
22		(A) the defendant is willing to undergo a court
23		approved counseling program for a minimum duration of 2
24		years; or
25		(B) the defendant is willing to participate in a
26		court approved plan including but not limited to the

SB2834 Engrossed - 454 - LRB100 16078 KTG 33917 b
1		defendant's:
2		(i) removal from the household;
3		(ii) restricted contact with the victim;
4		(iii) continued financial support of the
5		family;
6		(iv) restitution for harm done to the victim;
7		and
8		(v) compliance with any other measures that
9		the court may deem appropriate; and
10		(2) the court orders the defendant to pay for the
11		victim's counseling services, to the extent that the court
12		finds, after considering the defendant's income and
13		assets, that the defendant is financially capable of paying
14		for such services, if the victim was under 18 years of age
15		at the time the offense was committed and requires
16		counseling as a result of the offense.
17		Probation may be revoked or modified pursuant to Section
18		5-6-4; except where the court determines at the hearing that
19		the defendant violated a condition of his or her probation
20		restricting contact with the victim or other family members or
21		commits another offense with the victim or other family
22		members, the court shall revoke the defendant's probation and
23		impose a term of imprisonment.
24		For the purposes of this Section, "family member" and
25		"victim" shall have the meanings ascribed to them in Section
26		11-0.1 of the Criminal Code of 2012.

SB2834 Engrossed - 455 - LRB100 16078 KTG 33917 b
1		(f) (Blank).
2		(g) Whenever a defendant is convicted of an offense under
3		Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,
4		11-14.3, 11-14.4 except for an offense that involves keeping a
5		place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,
6		11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,
7		12-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the
8		Criminal Code of 2012, the defendant shall undergo medical
9		testing to determine whether the defendant has any sexually
10		transmissible disease, including a test for infection with
11		human immunodeficiency virus (HIV) or any other identified
12		causative agent of acquired immunodeficiency syndrome (AIDS).
13		Any such medical test shall be performed only by appropriately
14		licensed medical practitioners and may include an analysis of
15		any bodily fluids as well as an examination of the defendant's
16		person. Except as otherwise provided by law, the results of
17		such test shall be kept strictly confidential by all medical
18		personnel involved in the testing and must be personally
19		delivered in a sealed envelope to the judge of the court in
20		which the conviction was entered for the judge's inspection in
21		camera. Acting in accordance with the best interests of the
22		victim and the public, the judge shall have the discretion to
23		determine to whom, if anyone, the results of the testing may be
24		revealed. The court shall notify the defendant of the test
25		results. The court shall also notify the victim if requested by
26		the victim, and if the victim is under the age of 15 and if

SB2834 Engrossed - 456 - LRB100 16078 KTG 33917 b
1		requested by the victim's parents or legal guardian, the court
2		shall notify the victim's parents or legal guardian of the test
3		results. The court shall provide information on the
4		availability of HIV testing and counseling at Department of
5		Public Health facilities to all parties to whom the results of
6		the testing are revealed and shall direct the State's Attorney
7		to provide the information to the victim when possible. A
8		State's Attorney may petition the court to obtain the results
9		of any HIV test administered under this Section, and the court
10		shall grant the disclosure if the State's Attorney shows it is
11		relevant in order to prosecute a charge of criminal
12		transmission of HIV under Section 12-5.01 or 12-16.2 of the
13		Criminal Code of 1961 or the Criminal Code of 2012 against the
14		defendant. The court shall order that the cost of any such test
15		shall be paid by the county and may be taxed as costs against
16		the convicted defendant.
17		(g-5) When an inmate is tested for an airborne communicable
18		disease, as determined by the Illinois Department of Public
19		Health including but not limited to tuberculosis, the results
20		of the test shall be personally delivered by the warden or his
21		or her designee in a sealed envelope to the judge of the court
22		in which the inmate must appear for the judge's inspection in
23		camera if requested by the judge. Acting in accordance with the
24		best interests of those in the courtroom, the judge shall have
25		the discretion to determine what if any precautions need to be
26		taken to prevent transmission of the disease in the courtroom.

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1		(h) Whenever a defendant is convicted of an offense under
2		Section 1 or 2 of the Hypodermic Syringes and Needles Act, the
3		defendant shall undergo medical testing to determine whether
4		the defendant has been exposed to human immunodeficiency virus
5		(HIV) or any other identified causative agent of acquired
6		immunodeficiency syndrome (AIDS). Except as otherwise provided
7		by law, the results of such test shall be kept strictly
8		confidential by all medical personnel involved in the testing
9		and must be personally delivered in a sealed envelope to the
10		judge of the court in which the conviction was entered for the
11		judge's inspection in camera. Acting in accordance with the
12		best interests of the public, the judge shall have the
13		discretion to determine to whom, if anyone, the results of the
14		testing may be revealed. The court shall notify the defendant
15		of a positive test showing an infection with the human
16		immunodeficiency virus (HIV). The court shall provide
17		information on the availability of HIV testing and counseling
18		at Department of Public Health facilities to all parties to
19		whom the results of the testing are revealed and shall direct
20		the State's Attorney to provide the information to the victim
21		when possible. A State's Attorney may petition the court to
22		obtain the results of any HIV test administered under this
23		Section, and the court shall grant the disclosure if the
24		State's Attorney shows it is relevant in order to prosecute a
25		charge of criminal transmission of HIV under Section 12-5.01 or
26		12-16.2 of the Criminal Code of 1961 or the Criminal Code of

SB2834 Engrossed - 458 - LRB100 16078 KTG 33917 b
1		2012 against the defendant. The court shall order that the cost
2		of any such test shall be paid by the county and may be taxed as
3		costs against the convicted defendant.
4		(i) All fines and penalties imposed under this Section for
5		any violation of Chapters 3, 4, 6, and 11 of the Illinois
6		Vehicle Code, or a similar provision of a local ordinance, and
7		any violation of the Child Passenger Protection Act, or a
8		similar provision of a local ordinance, shall be collected and
9		disbursed by the circuit clerk as provided under Section 27.5
10		of the Clerks of Courts Act.
11		(j) In cases when prosecution for any violation of Section
12		11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,
13		11-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,
14		11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
15		11-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1,
16		12-15, or 12-16 of the Criminal Code of 1961 or the Criminal
17		Code of 2012, any violation of the Illinois Controlled
18		Substances Act, any violation of the Cannabis Control Act, or
19		any violation of the Methamphetamine Control and Community
20		Protection Act results in conviction, a disposition of court
21		supervision, or an order of probation granted under Section 10
22		of the Cannabis Control Act, Section 410 of the Illinois
23		Controlled Substances Act, or Section 70 of the Methamphetamine
24		Control and Community Protection Act of a defendant, the court
25		shall determine whether the defendant is employed by a facility
26		or center as defined under the Child Care Act of 1969, a public

SB2834 Engrossed - 459 - LRB100 16078 KTG 33917 b
1		or private elementary or secondary school, or otherwise works
2		with children under 18 years of age on a daily basis. When a
3		defendant is so employed, the court shall order the Clerk of
4		the Court to send a copy of the judgment of conviction or order
5		of supervision or probation to the defendant's employer by
6		certified mail. If the employer of the defendant is a school,
7		the Clerk of the Court shall direct the mailing of a copy of
8		the judgment of conviction or order of supervision or probation
9		to the appropriate regional superintendent of schools. The
10		regional superintendent of schools shall notify the State Board
11		of Education of any notification under this subsection.
12		(j-5) A defendant at least 17 years of age who is convicted
13		of a felony and who has not been previously convicted of a
14		misdemeanor or felony and who is sentenced to a term of
15		imprisonment in the Illinois Department of Corrections shall as
16		a condition of his or her sentence be required by the court to
17		attend educational courses designed to prepare the defendant
18		for a high school diploma and to work toward a high school
19		diploma or to work toward passing high school equivalency
20		testing or to work toward completing a vocational training
21		program offered by the Department of Corrections. If a
22		defendant fails to complete the educational training required
23		by his or her sentence during the term of incarceration, the
24		Prisoner Review Board shall, as a condition of mandatory
25		supervised release, require the defendant, at his or her own
26		expense, to pursue a course of study toward a high school

SB2834 Engrossed - 460 - LRB100 16078 KTG 33917 b
1		diploma or passage of high school equivalency testing. The
2		Prisoner Review Board shall revoke the mandatory supervised
3		release of a defendant who wilfully fails to comply with this
4		subsection (j-5) upon his or her release from confinement in a
5		penal institution while serving a mandatory supervised release
6		term; however, the inability of the defendant after making a
7		good faith effort to obtain financial aid or pay for the
8		educational training shall not be deemed a wilful failure to
9		comply. The Prisoner Review Board shall recommit the defendant
10		whose mandatory supervised release term has been revoked under
11		this subsection (j-5) as provided in Section 3-3-9. This
12		subsection (j-5) does not apply to a defendant who has a high
13		school diploma or has successfully passed high school
14		equivalency testing. This subsection (j-5) does not apply to a
15		defendant who is determined by the court to be a person with a
16		developmental disability or otherwise mentally incapable of
17		completing the educational or vocational program.
18		(k) (Blank).
19		(l) (A) Except as provided in paragraph (C) of subsection
20		(l), whenever a defendant, who is an alien as defined by the
21		Immigration and Nationality Act, is convicted of any felony or
22		misdemeanor offense, the court after sentencing the defendant
23		may, upon motion of the State's Attorney, hold sentence in
24		abeyance and remand the defendant to the custody of the
25		Attorney General of the United States or his or her designated
26		agent to be deported when:

SB2834 Engrossed - 461 - LRB100 16078 KTG 33917 b
1		(1) a final order of deportation has been issued
2		against the defendant pursuant to proceedings under the
3		Immigration and Nationality Act, and
4		(2) the deportation of the defendant would not
5		deprecate the seriousness of the defendant's conduct and
6		would not be inconsistent with the ends of justice.
7		Otherwise, the defendant shall be sentenced as provided in
8		this Chapter V.
9		(B) If the defendant has already been sentenced for a
10		felony or misdemeanor offense, or has been placed on probation
11		under Section 10 of the Cannabis Control Act, Section 410 of
12		the Illinois Controlled Substances Act, or Section 70 of the
13		Methamphetamine Control and Community Protection Act, the
14		court may, upon motion of the State's Attorney to suspend the
15		sentence imposed, commit the defendant to the custody of the
16		Attorney General of the United States or his or her designated
17		agent when:
18		(1) a final order of deportation has been issued
19		against the defendant pursuant to proceedings under the
20		Immigration and Nationality Act, and
21		(2) the deportation of the defendant would not
22		deprecate the seriousness of the defendant's conduct and
23		would not be inconsistent with the ends of justice.
24		(C) This subsection (l) does not apply to offenders who are
25		subject to the provisions of paragraph (2) of subsection (a) of
26		Section 3-6-3.

SB2834 Engrossed - 462 - LRB100 16078 KTG 33917 b
1		(D) Upon motion of the State's Attorney, if a defendant
2		sentenced under this Section returns to the jurisdiction of the
3		United States, the defendant shall be recommitted to the
4		custody of the county from which he or she was sentenced.
5		Thereafter, the defendant shall be brought before the
6		sentencing court, which may impose any sentence that was
7		available under Section 5-5-3 at the time of initial
8		sentencing. In addition, the defendant shall not be eligible
9		for additional earned sentence credit as provided under Section
10		3-6-3.
11		(m) A person convicted of criminal defacement of property
12		under Section 21-1.3 of the Criminal Code of 1961 or the
13		Criminal Code of 2012, in which the property damage exceeds
14		$300 and the property damaged is a school building, shall be
15		ordered to perform community service that may include cleanup,
16		removal, or painting over the defacement.
17		(n) The court may sentence a person convicted of a
18		violation of Section 12-19, 12-21, 16-1.3, or 17-56, or
19		subsection (a) or (b) of Section 12-4.4a, of the Criminal Code
20		of 1961 or the Criminal Code of 2012 (i) to an impact
21		incarceration program if the person is otherwise eligible for
22		that program under Section 5-8-1.1, (ii) to community service,
23		or (iii) if the person has a substance use disorder, as defined
24		in the Substance Use Disorder Act, to a treatment program
25		licensed under that Act. is an addict or alcoholic, as defined
26		in the Alcoholism and Other Drug Abuse and Dependency Act, to a

SB2834 Engrossed - 463 - LRB100 16078 KTG 33917 b
1		substance or alcohol abuse program licensed under that Act.
2		(o) Whenever a person is convicted of a sex offense as
3		defined in Section 2 of the Sex Offender Registration Act, the
4		defendant's driver's license or permit shall be subject to
5		renewal on an annual basis in accordance with the provisions of
6		license renewal established by the Secretary of State.
7		(Source: P.A. 99-143, eff. 7-27-15; 99-885, eff. 8-23-16;
8		99-938, eff. 1-1-18; 100-575, eff. 1-8-18.)
9		Section 120. The Code of Civil Procedure is amended by
10		changing Section 8-2002 as follows:
11		(735 ILCS 5/8-2002) (from Ch. 110, par. 8-2002)
12		Sec. 8-2002. Application.
13		(a) Part 20 of Article VIII of this Act does not apply to
14		the records of patients, inmates, or persons being examined,
15		observed or treated in any institution, division, program or
16		service now existing, or hereafter acquired or created under
17		the jurisdiction of the Department of Human Services as
18		successor to the Department of Mental Health and Developmental
19		Disabilities and the Department of Alcoholism and Substance
20		Abuse, or over which, in that capacity, the Department of Human
21		Services exercises executive or administrative supervision.
22		(b) In the event of a conflict between the application of
23		Part 20 of Article VIII of this Act and the Mental Health and
24		Developmental Disabilities Confidentiality Act or subsection

SB2834 Engrossed - 464 - LRB100 16078 KTG 33917 b
1		(bb) of Section 30-5 of the Substance Use Disorder Act
2		Alcoholism and Other Drug Abuse and Dependency Act to a
3		specific situation, the provisions of the Mental Health and
4		Developmental Disabilities Confidentiality Act or subsection
5		(bb) of Section 30-5 of the Substance Use Disorder Act
6		Alcoholism and Other Drug Abuse and Dependency Act shall
7		control. The provisions of federal law concerning the
8		confidentiality of alcohol and drug abuse patient records, as
9		contained in Title 21 of the United States Code, Section 1175;
10		Title 42 of the United States Code, Section 4582; 42 CFR Part
11		2; and any other regulations promulgated pursuant thereto, all
12		as now or hereafter amended, shall supersede all other laws and
13		regulations concerning such confidentiality, except where any
14		such otherwise applicable laws or regulations are more
15		stringent, in which case the most stringent shall apply.
16		(Source: P.A. 88-670, eff. 12-2-94; 89-507, eff. 7-1-97.)
17		Section 125. The Controlled Substance and Cannabis
18		Nuisance Act is amended by changing Section 7 as follows:
19		(740 ILCS 40/7) (from Ch. 100 1/2, par. 20)
20		Sec. 7. The proceeds of the sale of the movable property
21		shall be applied in payment of the costs of the proceeding, and
22		the balance, if any, shall be forwarded by the clerk of the
23		circuit court to the State Treasurer for deposit into the Drug
24		Treatment Fund, which is established as a special fund within

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1		the State Treasury. The Department of Human Services may make
2		grants to persons licensed under Section 15-10 of the Substance
3		Use Disorder Act Alcoholism and Other Drug Abuse and Dependency
4		Act or to municipalities or counties from funds appropriated to
5		the Department from the Drug Treatment Fund for the treatment
6		of persons addicted to alcohol, cannabis, or controlled
7		substances. The Department may adopt any rules it deems
8		appropriate for the administration of these grants. The
9		Department shall ensure that the moneys collected in each
10		county be returned proportionately to the counties through
11		grants to licensees located within the county in which the
12		assessment was collected. Moneys in the Fund shall not supplant
13		other local, state or federal funds.
14		(Source: P.A. 88-670, eff. 12-2-94; 89-507, eff. 7-1-97.)
15		Section 130. The Alcoholism and Drug Addiction Intervenor
16		and Reporter Immunity Law is amended by changing Section 3 as
17		follows:
18		(745 ILCS 35/3) (from Ch. 70, par. 653)
19		Sec. 3. Definitions. As used in this Act, the following
20		terms shall have the following meanings:
21		(a) (Blank). "Addiction" shall have the same meaning as
22		provided in Section 1-10 of the Alcoholism and Other Drug Abuse
23		and Dependency Act.
24		(b) (Blank). "Alcoholic" shall have the same meaning as

SB2834 Engrossed - 466 - LRB100 16078 KTG 33917 b
1		provided in Section 1-10 of the Alcoholism and Other Drug Abuse
2		and Dependency Act.
3		(c) "Intervention" means the technique of helping an
4		alcoholic or drug addict realize and admit the reality of his
5		or her condition by confronting or preparing to confront him or
6		her with specific instances of misconduct or abnormal behavior
7		caused by alcohol or drug use, as recited to the subject by
8		fact reporters such as: family members, friends, co-workers,
9		employers or other concerned individuals who have first-hand
10		knowledge of such incidents, whether or not they are acting
11		under the guidance of a trained intervenor. "Intervention" also
12		includes steps taken to get treatment for the subject of an
13		intervention or his or her family members.
14		(d) A "trained intervenor" is someone who coordinates an
15		intervention and is: (1) a school counselor, school social
16		worker, or other professional certificated by a professional
17		association whose members are licensed by the Department of
18		Registration and Education; (2) a hospital providing substance
19		abuse treatment that is accredited by the Joint Commission on
20		Accreditation of Hospitals or by an alcohol or drug treatment
21		program licensed by the Illinois Department of Public Health or
22		by a substance use disorder treatment program licensed by the
23		Department of Human Services; (3) a professional employee
24		working in an Employee Assistance Program or Student Assistance
25		Program operated by a private employer or governmental body; or
26		(4) a member of a professional association that has established

SB2834 Engrossed - 467 - LRB100 16078 KTG 33917 b
1		an assistance program designed to intervene in the alcohol and
2		drug-related problems of its members and is designated to act
3		on behalf of the association's program.
4		(e) "Fact reporter" or "reporter" means any identified
5		person or organization who participates in an intervention and
6		communicates first-hand knowledge of incidents or behavior
7		that give rise to a reasonable belief that the reported
8		individual suffers from alcohol or drug addiction.
9		(f) "Controlled substance" means a drug, substance, or its
10		immediate precursor listed in the Schedules of Article II of
11		the Illinois Controlled Substances Act.
12		(Source: P.A. 88-670, eff. 12-2-94; 89-241, eff. 8-4-95;
13		89-507, eff. 7-1-97.)
14		Section 135. The Good Samaritan Act is amended by changing
15		Sections 36 and 70 as follows:
16		(745 ILCS 49/36)
17		Sec. 36. Pharmacists; exemptions from civil liability for
18		the dispensing of an opioid antagonist to individuals who may
19		or may not be at risk for an opioid overdose. Any person
20		licensed as a pharmacist in Illinois or any other state or
21		territory of the United States who in good faith dispenses or
22		administers an opioid antagonist as defined in Section 5-23 of
23		the Substance Use Disorder Act Alcoholism and Other Drug Abuse
24		and Dependency Act in compliance with the procedures or

SB2834 Engrossed - 468 - LRB100 16078 KTG 33917 b
1		protocols developed under Section 19.1 of the Pharmacy Practice
2		Act, or the standing order of any person licensed under the
3		Medical Practice Act of 1987, without fee or compensation in
4		any way, shall not, as a result of her or his acts or
5		omissions, except for willful or wanton misconduct on the part
6		of the person, in dispensing the drug or administering the
7		drug, be liable for civil damages.
8		(Source: P.A. 99-480, eff. 9-9-15.)
9		(745 ILCS 49/70)
10		Sec. 70. Law enforcement officers, firemen, Emergency
11		Medical Technicians (EMTs) and First Responders; exemption
12		from civil liability for emergency care. Any law enforcement
13		officer or fireman as defined in Section 2 of the Line of Duty
14		Compensation Act, any "emergency medical technician (EMT)" as
15		defined in Section 3.50 of the Emergency Medical Services (EMS)
16		Systems Act, and any "first responder" as defined in Section
17		3.60 of the Emergency Medical Services (EMS) Systems Act, who
18		in good faith provides emergency care, including the
19		administration of an opioid antagonist as defined in Section
20		5-23 of the Substance Use Disorder Act, Alcoholism and Other
21		Drug Abuse and Dependency Act, without fee or compensation to
22		any person shall not, as a result of his or her acts or
23		omissions, except willful and wanton misconduct on the part of
24		the person, in providing the care, be liable to a person to
25		whom such care is provided for civil damages.

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1		(Source: P.A. 99-480, eff. 9-9-15.)
2		Section 140. The Collaborative Process Act is amended by
3		changing Section 65 as follows:
4		(750 ILCS 90/65)
5		Sec. 65. Limits of privilege.
6		(a) There is no privilege under Section 55 for a
7		collaborative process communication that is:
8		(1) available to the public under the Freedom of
9		Information Act or made during a session of a collaborative
10		process that is open, or is required by law to be open, to
11		the public;
12		(2) a threat or statement of a plan to inflict bodily
13		injury or commit a crime of violence as defined in Section
14		1-10 of the Substance Use Disorder Act; Alcoholism and
15		Other Drug Abuse and Dependency Act;
16		(3) intentionally used to plan a crime, commit or
17		attempt to commit a crime, or conceal an ongoing crime or
18		ongoing criminal activity; or
19		(4) in an agreement resulting from the collaborative
20		process, evidenced by a record signed by all parties to the
21		agreement.
22		(b) The privileges under Section 55 for a collaborative
23		process communication do not apply to the extent that a
24		communication is:

SB2834 Engrossed - 470 - LRB100 16078 KTG 33917 b
1		(1) sought or offered to prove or disprove a claim or
2		complaint of professional misconduct or malpractice
3		arising from or related to a collaborative process; or
4		(2) sought or offered to prove or disprove abuse,
5		neglect, abandonment, or exploitation of a child or adult.
6		(c) There is no privilege under Section 55 if a court
7		finds, after a hearing in camera, that the party seeking
8		discovery or the proponent of the evidence has shown the
9		evidence is not otherwise available, the need for the evidence
10		substantially outweighs the interest in protecting
11		confidentiality, and the collaborative process communication
12		is sought or offered in:
13		(1) a court proceeding involving a felony or
14		misdemeanor; or
15		(2) a proceeding seeking rescission or reformation of a
16		contract arising out of the collaborative process or in
17		which a defense to avoid liability on the contract is
18		asserted.
19		(d) If a collaborative process communication is subject to
20		an exception under subsection (b) or (c), only the part of the
21		communication necessary for the application of the exception
22		may be disclosed or admitted.
23		(e) Disclosure or admission of evidence excepted from the
24		privilege under subsection (b) or (c) does not make the
25		evidence or any other collaborative process communication
26		discoverable or admissible for any other purpose.

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1		(f) The privileges under Section 55 do not apply if the
2		parties agree in advance in a signed record, or if a record of
3		a proceeding reflects agreement by the parties, that all or
4		part of a collaborative process is not privileged. This
5		subsection does not apply to a collaborative process
6		communication made by a person that did not receive actual
7		notice of the agreement before the communication was made.
8		(Source: P.A. 100-205, eff. 1-1-18.)
9		Section 995. No acceleration or delay. Where this Act makes
10		changes in a statute that is represented in this Act by text
11		that is not yet or no longer in effect (for example, a Section
12		represented by multiple versions), the use of that text does
13		not accelerate or delay the taking effect of (i) the changes
14		made by this Act or (ii) provisions derived from any other
15		Public Act.
16		Section 999. Effective date. This Act takes effect January
17		1, 2019.
SB2834 Engrossed - 472 - LRB100 16078 KTG 33917 b 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 SB2834 Engrossed - 473 - LRB100 16078 KTG 33917 b 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 505/5 from 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 1705/10 from Ch. 91 1/2, par. 100-10 SB2834 Engrossed - 474 - LRB100 16078 KTG 33917 b 1 20 ILCS 1705/18.6 2 20 ILCS 2605/2605-54 3 20 ILCS 2605/2605-97 4 20 ILCS 2630/2.1 from Ch. 38, par. 206-2.1 5 20 ILCS 2630/5.2 6 20 ILCS 2635/3 from Ch. 38, par. 1603 7 30 ILCS 732/5 8 50 ILCS 705/7 from Ch. 85, par. 507 9 50 ILCS 705/10.18 10 50 ILCS 740/8 from Ch. 85, par. 538 11 50 ILCS 740/12.5 12 55 ILCS 5/5-1103 from 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.1 from Ch. 73, par. 979d.1 21 225 ILCS 10/3 from Ch. 23, par. 2213 22 225 ILCS 10/8 from Ch. 23, par. 2218 23 225 ILCS 85/19.1 24 305 ILCS 5/4-8 from Ch. 23, par. 4-8 25 305 ILCS 5/4-9 from Ch. 23, par. 4-9 26 305 ILCS 5/5-5 from Ch. 23, par. 5-5 SB2834 Engrossed - 475 - LRB100 16078 KTG 33917 b 1 305 ILCS 5/6-1.3 from Ch. 23, par. 6-1.3 2 305 ILCS 5/6-11 from Ch. 23, par. 6-11 3 305 ILCS 5/9-9 from Ch. 23, par. 9-9 4 305 ILCS 5/9A-8 from Ch. 23, par. 9A-8 5 325 ILCS 5/7.3b from Ch. 23, par. 2057.3b 6 325 ILCS 5/8.2 from Ch. 23, par. 2058.2 7 405 ILCS 5/1-129 8 405 ILCS 30/2 from Ch. 91 1/2, par. 902 9 405 ILCS 30/3 from Ch. 91 1/2, par. 903 10 405 ILCS 30/4 from 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 210/4 from Ch. 111, par. 4504 16 705 ILCS 405/4-3 from Ch. 37, par. 804-3 17 705 ILCS 405/5-615 18 705 ILCS 405/5-710 19 720 ILCS 5/29B-1 from Ch. 38, par. 29B-1 20 720 ILCS 570/302 from Ch. 56 1/2, par. 1302 21 720 ILCS 570/411.2 from Ch. 56 1/2, par. 1411.2 22 720 ILCS 570/501 from Ch. 56 1/2, par. 1501 23 720 ILCS 646/80 24 730 ILCS 5/3-6-2 from Ch. 38, par. 1003-6-2 25 730 ILCS 5/3-8-5 from Ch. 38, par. 1003-8-5 26 730 ILCS 5/3-19-5 SB2834 Engrossed - 476 - LRB100 16078 KTG 33917 b