Bill Text: IL SB3788 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Creates the Police Mental Health Office Division in the Illinois Municipal Code. Subject to appropriation, requires, by October 1, 2024, the City of Chicago Police Department to establish a mental health office in 2 of its districts, the Peoria Police Department to establish one mental health office, and the Springfield Police Department to establish one mental health office. Provides that each office shall be overseen by the police department's mental health ombudsman or other person designated by the police department and the bargaining unit representing the department's peace officers. Provides that each office's primary area of focus shall be peace officer and crisis responder mental health services. Includes provisions relating to duties of a police department mental health office. Requires a social worker of the office to have or be working toward the social worker's certification as a Certified Alcohol and Other Drug Counselor. Includes provisions relating to privileged and confidential communications. Limits the concurrent exercise of home rule powers. Effective July 1, 2024.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-05-03 - Rule 3-9(a) / Re-referred to Assignments [SB3788 Detail]

Download: Illinois-2023-SB3788-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3788 Introduced 2/9/2024, by Sen. Robert F. Martwick SYNOPSIS AS INTRODUCED:
65 ILCS 5/Art. 11 Div. 1.7 heading new
65 ILCS 5/11-1.7-5 new
65 ILCS 5/11-1.7-10 new
65 ILCS 5/11-1.7-15 new
65 ILCS 5/11-1.7-20 new
65 ILCS 5/11-1.7-25 new
65 ILCS 5/11-1.7-90 new
Creates the Police Mental Health Office Division in the Illinois Municipal Code. Subject to appropriation, requires, by October 1, 2024, the City of Chicago Police Department to establish a mental health office in 2 of its districts, the Peoria Police Department to establish one mental health office, and the Springfield Police Department to establish one mental health office. Provides that each office shall be overseen by the police department's mental health ombudsman or other person designated by the police department and the bargaining unit representing the department's peace officers. Provides that each office's primary area of focus shall be peace officer and crisis responder mental health services. Includes provisions relating to duties of a police department mental health office. Requires a social worker of the office to have or be working toward the social worker's certification as a Certified Alcohol and Other Drug Counselor. Includes provisions relating to privileged and confidential communications. Limits the concurrent exercise of home rule powers. Effective July 1, 2024.
LRB103 38781 AWJ 68918 b
A BILL FOR
SB3788 LRB103 38781 AWJ 68918 b
AN ACT concerning local government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Municipal Code is amended by
adding Division 1.7 as follows:
(65 ILCS 5/Art. 11 Div. 1.7 heading new)
DIVISION 1.7. POLICE MENTAL HEALTH OFFICE
(65 ILCS 5/11-1.7-5 new)
Sec. 11-1.7-5. Definitions. As used in this Division:
"Crisis responder" means a social worker or other health
practitioner who works within a police department or a health
professional who is an employee of the department who provides
victim support services, including co-responders within a
police department's co-responder unit.
"Immediate family member" means a spouse or child by
blood, adoption, or marriage.
"Social Worker" means a licensed clinical social worker or
licensed social worker, as those terms are defined in the
Clinical Social Work and Social Work Practice Act.
(65 ILCS 5/11-1.7-10 new)
Sec. 11-1.7-10. Establishment; oversight; focus.

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(a) Subject to appropriation by the General Assembly, the
following police departments shall establish a mental health
office located in its police department no later than October
1, 2024, including the hiring of personnel.
(1) The City of Chicago Police Department shall
establish a mental health office in 2 of its districts.
(2) One office within the Peoria Police Department.
(3) One office within the Springfield Police
Department.
(b) The office shall be overseen by the police
department's mental health ombudsman or other person
designated by the police department and the bargaining unit
representing the department's peace officers.
(c) The office's primary area of focus shall be peace
officer and crisis responder mental health services.
(65 ILCS 5/11-1.7-15 new)
Sec. 11-1.7-15. Duties.
(a) The duties of the office include, but are not limited
to:
(1) Serving as the district's or the police
department's primary provider of direct services for
mental health services, including addiction services, for
peace officers and crisis responders who work in the
district or department.
(2) Serving as the district's or the police

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department's primary resource for understanding other
mental health and public assistance programs offered by
the municipality.
(3) If time allows, provide mental health services to
other employees of the district or the police department
and to immediate family members of peace officers and
crisis responders.
(4) Employing social workers of the office, who shall:
(A) Upon request, provide mental health services
to peace officers, crisis responders, or others as
allowed in this Division.
(B) Facilitate follow-up treatment or referral to
the appropriate employee assistance program or
community resource organization, if requested.
(C) Protect the interest, confidentiality, and
civil rights of the client.
(D) Train social work interns who may be working
within the office.
(E) Inform clients, prior to providing services,
what communications are confidential under applicable
provisions of State or federal law, rule, or
regulation and what may be shared with their employer.
(F) Process all insurance claims related to
services provided. The social worker shall not submit
insurance claims without written consent from the
client for any services that would require a

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diagnosis.
(b) Nothing in this Division precludes employees of a
division or police department from seeking out services from
existing employee assistance programs or community services.
(65 ILCS 5/11-1.7-20 new)
Sec. 11-1.7-20. Training. A social worker of the office
shall have or must be working toward the social worker's
certification as a Certified Alcohol and Other Drug Counselor.
(65 ILCS 5/11-1.7-25 new)
Sec. 11-1.7-25. Privileged or confidential communications.
Nothing contained in this Division shall be construed to
impair or limit the confidentiality of communications
otherwise protected by law as privileged or confidential,
including, but not limited to, information communicated in
confidence to a social worker or social work intern who works
under the direct supervision of a social worker. A social
worker may not be subjected to adverse employment action, the
threat of adverse employment action, or any manner of
discrimination because the employee is acting or has acted to
protect communications as privileged or confidential pursuant
to applicable provisions of State or federal law, rule, or
regulation.
(65 ILCS 5/11-1.7-90 new)

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Sec. 11-1.7-90. Home rule. A home rule municipality may
not regulate its police department's mental health office in a
manner inconsistent with this Division. This Division is a
limitation under subsection (i) of Section 6 of Article VII of
the Illinois Constitution on the concurrent exercise by home
rule units of powers and functions exercised by the State.