SB3788 103RD GENERAL ASSEMBLY

LRB103 38781 AWJ 68918 b

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.

A BILL FOR

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.

(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 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 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)

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.

Section 99. Effective date. This Act takes effect July 1, 2024.