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.


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A BILL FOR
 
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1 AN ACT concerning criminal law.

2 Be it enacted by the People of the State of Illinois, 
3represented in the General Assembly:

4 Section 5. The Unified Code of Corrections is amended by 
5adding Section 3-6-9 as follows:

6 (730 ILCS 5/3-6-9 new)
7 Sec. 3-6-9. Treatment for committed persons with substance 
8use disorders.
9 (a)(1) The General Assembly finds that:
10  (A) The Department of Corrections does not currently 
11 have extensive medication-assisted treatment programs 
12 readily available to meet the needs of all committed 
13 persons with opioid use disorder, despite estimates that 
14 more than half of the committed population meets the 
15 criteria for having a substance use disorder.
16  (B) Providing timely access to medication-assisted 
17 treatment in correctional settings reduces recidivism, 
18 overdose risk following release, and improves treatment 
19 retention. Withholding evidence-based opioid use disorder 
20 treatment increases risk for death during detention and 
21 upon release.
22  (C) According to the Department of Human Services, up 
23 to 75% of parolees who leave prison without treatment for 
 
 
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1 an identified substance use disorder resume substance use 
2 within 3 months of release.
3  (D) Studies demonstrate that in the first 2 weeks 
4 after release, the risk of opioid overdose is 40 times 
5 higher for those who were incarcerated compared to the 
6 general population.
7  (E) It is the stated position of the U.S. Substance 
8 Abuse and Mental Health Services Administration that no 
9 justification exists for denying access to medications for 
10 opioid use disorder because psychosocial services are 
11 unavailable or individuals are unwilling to avail 
12 themselves of those services.
13  (F) The U.S. Department of Justice has determined that 
14 individuals with opioid use disorder are protected under 
15 the Americans with Disabilities Act of 1990.
16  (G) In community-based settings, such as opioid 
17 treatment programs and primary care facilities, 
18 medication-assisted treatment has been proven to reduce 
19 overdose deaths and illicit opioid use. Individuals with 
20 opioid use disorder living in correctional settings are 
21 entitled to the same level of care as those in 
22 community-based settings.
23 (2) In alignment with the State of Illinois Overdose 
24Action Plan, the purpose of this Section is to facilitate 
25timely access to medication-assisted treatment options and 
26therapies to all individuals under the care of the Illinois 
 
 
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1Department of Corrections who are diagnosed with opioid use 
2disorder. 
3 (b) In this Section:
4 "Authorized health care professional" means a physician 
5licensed to practice medicine in all its branches, a licensed 
6physician assistant with prescriptive authority, a licensed 
7advanced practice registered nurse with prescriptive 
8authority, an advanced practice registered nurse or physician 
9assistant who practices in a hospital, hospital affiliate, or 
10ambulatory surgical treatment center and possesses appropriate 
11clinical privileges in accordance with the Nurse Practice Act, 
12or a pharmacist licensed to practice pharmacy under the 
13Pharmacy Practice Act. 
14 "Department" means the Department of Corrections. 
15 "Medication-assisted treatment" means the use of U.S. Food 
16and Drug Administration-approved medications, in combination 
17with counseling and behavioral therapies, to provide a whole 
18patient approach to the treatment of substance use disorders.
19 (c) The Department shall ensure that all persons under its 
20care are assessed for substance use disorder, as defined in 
21the Substance Use Disorder Act. This process includes 
22screening and assessment for opioid use disorders. For 
23committed persons diagnosed with opioid use disorder, the 
24Department shall offer, or facilitate access to, all 
25medication-assisted treatment options deemed appropriate by an 
26authorized health care professional. The Department shall not 
 
 
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1impose limitations on the types of medication-assisted 
2treatment that may be recommended by an authorized health care 
3professional as part of a treatment plan.
4 (d) An individual receiving medication-assisted treatment 
5prior to being committed to a Department of Corrections 
6facility shall be entitled to, upon request, continue such 
7treatment in the medication-assisted treatment program for any 
8period of time deemed medically necessary by an authorized 
9health care professional. No person shall be denied 
10participation in medication-assisted treatment on the basis of 
11a positive drug screening upon entering the Department's 
12custody, nor shall any person receive a disciplinary 
13infraction for such positive drug screen. No person shall be 
14denied participation in medication-assisted treatment based on 
15prior success of failure of any medication-assisted treatment 
16program.
17 (e) The Department may adopt rules for the implementation 
18of this Section.