Bill Text: IL SB3419 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Unified Code of Corrections. Provides that the Department of Corrections shall ensure all persons under its care are assessed for substance use disorder, as defined in the Substance Use Disorder Act. Provides that this process includes screening and assessment for opioid use disorders. Provides that, for committed persons diagnosed with opioid use disorder, the Department shall offer, or facilitate access to, all medication-assisted treatment options deemed appropriate by an authorized health care professional. Provides that the Department shall not impose limitations on the types of medication-assisted treatment that may be recommended by an authorized health care professional as part of a treatment plan. Provides that an individual receiving medication-assisted treatment prior to being committed to a Department of Corrections facility shall be entitled to, upon request, continue such treatment in the medication-assisted treatment program for any period of time deemed medically necessary by an authorized health care professional. Provides that no person shall be denied participation in medication-assisted treatment on the basis of a positive drug screening upon entering the Department's custody, nor shall any person receive a disciplinary infraction for such positive drug screen. No person shall be denied participation in medication-assisted treatment based on prior success of failure of any medication-assisted treatment program. Provides that the Department may adopt rules for the implementation of these provisions. Effective January 1, 2025.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2025-01-07 - Session Sine Die [SB3419 Detail]

Download: Illinois-2023-SB3419-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3419 Introduced 2/8/2024, by Sen. Napoleon Harris, III SYNOPSIS AS INTRODUCED:
730 ILCS 5/3-6-9 new
Amends the Unified Code of Corrections. Provides that the Department of Corrections shall ensure all persons under its care are assessed for substance use disorder, as defined in the Substance Use Disorder Act. Provides that this process includes screening and assessment for opioid use disorders. Provides that, for committed persons diagnosed with opioid use disorder, the Department shall offer, or facilitate access to, all medication-assisted treatment options deemed appropriate by an authorized health care professional. Provides that the Department shall not impose limitations on the types of medication-assisted treatment that may be recommended by an authorized health care professional as part of a treatment plan. Provides that an individual receiving medication-assisted treatment prior to being committed to a Department of Corrections facility shall be entitled to, upon request, continue such treatment in the medication-assisted treatment program for any period of time deemed medically necessary by an authorized health care professional. Provides that no person shall be denied participation in medication-assisted treatment on the basis of a positive drug screening upon entering the Department's custody, nor shall any person receive a disciplinary infraction for such positive drug screen. No person shall be denied participation in medication-assisted treatment based on prior success of failure of any medication-assisted treatment program. Provides that the Department may adopt rules for the implementation of these provisions. Effective January 1, 2025.
LRB103 38442 RLC 68578 b
A BILL FOR
SB3419 LRB103 38442 RLC 68578 b
AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Unified Code of Corrections is amended by
adding Section 3-6-9 as follows:
(730 ILCS 5/3-6-9 new)
Sec. 3-6-9. Treatment for committed persons with substance
use disorders.
(a)(1) The General Assembly finds that:
(A) The Department of Corrections does not currently
have extensive medication-assisted treatment programs
readily available to meet the needs of all committed
persons with opioid use disorder, despite estimates that
more than half of the committed population meets the
criteria for having a substance use disorder.
(B) Providing timely access to medication-assisted
treatment in correctional settings reduces recidivism,
overdose risk following release, and improves treatment
retention. Withholding evidence-based opioid use disorder
treatment increases risk for death during detention and
upon release.
(C) According to the Department of Human Services, up
to 75% of parolees who leave prison without treatment for

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an identified substance use disorder resume substance use
within 3 months of release.
(D) Studies demonstrate that in the first 2 weeks
after release, the risk of opioid overdose is 40 times
higher for those who were incarcerated compared to the
general population.
(E) It is the stated position of the U.S. Substance
Abuse and Mental Health Services Administration that no
justification exists for denying access to medications for
opioid use disorder because psychosocial services are
unavailable or individuals are unwilling to avail
themselves of those services.
(F) The U.S. Department of Justice has determined that
individuals with opioid use disorder are protected under
the Americans with Disabilities Act of 1990.
(G) In community-based settings, such as opioid
treatment programs and primary care facilities,
medication-assisted treatment has been proven to reduce
overdose deaths and illicit opioid use. Individuals with
opioid use disorder living in correctional settings are
entitled to the same level of care as those in
community-based settings.
(2) In alignment with the State of Illinois Overdose
Action Plan, the purpose of this Section is to facilitate
timely access to medication-assisted treatment options and
therapies to all individuals under the care of the Illinois

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Department of Corrections who are diagnosed with opioid use
disorder.
(b) In this Section:
"Authorized health care professional" means a physician
licensed to practice medicine in all its branches, a licensed
physician assistant with prescriptive authority, a licensed
advanced practice registered nurse with prescriptive
authority, an advanced practice registered nurse or physician
assistant who practices in a hospital, hospital affiliate, or
ambulatory surgical treatment center and possesses appropriate
clinical privileges in accordance with the Nurse Practice Act,
or a pharmacist licensed to practice pharmacy under the
Pharmacy Practice Act.
"Department" means the Department of Corrections.
"Medication-assisted treatment" means the use of U.S. Food
and Drug Administration-approved medications, in combination
with counseling and behavioral therapies, to provide a whole
patient approach to the treatment of substance use disorders.
(c) The Department shall ensure that all persons under its
care are assessed for substance use disorder, as defined in
the Substance Use Disorder Act. This process includes
screening and assessment for opioid use disorders. For
committed persons diagnosed with opioid use disorder, the
Department shall offer, or facilitate access to, all
medication-assisted treatment options deemed appropriate by an
authorized health care professional. The Department shall not

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impose limitations on the types of medication-assisted
treatment that may be recommended by an authorized health care
professional as part of a treatment plan.
(d) An individual receiving medication-assisted treatment
prior to being committed to a Department of Corrections
facility shall be entitled to, upon request, continue such
treatment in the medication-assisted treatment program for any
period of time deemed medically necessary by an authorized
health care professional. No person shall be denied
participation in medication-assisted treatment on the basis of
a positive drug screening upon entering the Department's
custody, nor shall any person receive a disciplinary
infraction for such positive drug screen. No person shall be
denied participation in medication-assisted treatment based on
prior success of failure of any medication-assisted treatment
program.
(e) The Department may adopt rules for the implementation
of this Section.