Sen. Jennifer Bertino-Tarrant
Filed: 5/2/2017
 
 

 

 

 
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1
AMENDMENT TO HOUSE BILL 3161 




2    AMENDMENT NO. ______. Amend House Bill 3161 on page 1, by 
3replacing lines 4 through 5 with the following:


 
4    "Section 5. The Alcoholism and Other Drug Abuse and

5Dependency Act is amended by changing Section 5-10 and by 
6adding Section 20-30 as follows:
 



7    (20 ILCS 301/5-10)


8    Sec. 5-10. Functions of the Department. 

9    (a) In addition to the powers, duties and functions vested 
10in the Department
by this Act, or by other laws of this State, 
11the Department shall carry out the
following activities:


12        (1) Design, coordinate and fund a comprehensive and 
13    coordinated
community-based and culturally and 
14    gender-appropriate array of services
throughout the State 
15    for the prevention, intervention, treatment and

16    rehabilitation of alcohol and other drug abuse and 
 
 
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1    dependency that is
accessible and addresses the needs of 
2    at-risk or addicted individuals and their
families.


3        (2) Act as the exclusive State agency to accept, 
4    receive and expend,
pursuant to appropriation, any public 
5    or private monies, grants or services,
including those 
6    received from the federal government or from other State

7    agencies, for the purpose of providing an array of services 
8    for the prevention,
intervention, treatment and 
9    rehabilitation of alcoholism or other drug abuse or

10    dependency.  Monies received by the Department shall be 
11    deposited into
appropriate funds as may be created by State 
12    law or administrative action.

13        (2.5) In partnership with the Department of Healthcare 
14    and Family Services, act as one of  the principal State 
15    agencies for the sole purpose of calculating the 
16    maintenance of effort requirement under Section 1930 of 
17    Title XIX, Part B, Subpart II of the Public Health Service 
18    Act (42 U.S.C.  300x-30) and the Interim Final Rule (45 CFR 
19    96.134). 

20        (3) Coordinate a statewide strategy among State 
21    agencies for the
prevention, intervention, treatment and 
22    rehabilitation of alcohol and other
drug abuse and 
23    dependency.  This strategy shall include the development of 
24    an
annual comprehensive State plan for the provision of an 
25    array of services for
education, prevention, intervention, 
26    treatment, relapse prevention and other
services and 
 
 
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1    activities to alleviate alcoholism and other drug abuse and

2    dependency.  The plan shall be based on local 
3    community-based needs and upon
data including, but not 
4    limited to, that which defines the prevalence of and
costs 
5    associated with the abuse of and dependency upon alcohol 
6    and other drugs.
This comprehensive State plan shall 
7    include identification of problems, needs,
priorities, 
8    services and other pertinent information, including the 
9    needs of
minorities and other specific populations in the 
10    State, and shall describe how
the identified problems and 
11    needs will be addressed.  For purposes of this
paragraph, 
12    the term "minorities and other specific populations" may 
13    include,
but shall not be limited to, groups such as women, 
14    children, intravenous drug
users, persons with AIDS or who 
15    are HIV infected, African-Americans, Puerto
Ricans, 
16    Hispanics, Asian Americans, the elderly, persons in the 
17    criminal
justice system, persons who are clients of 
18    services provided by other State
agencies, persons with 
19    disabilities and such other specific populations as the

20    Department may from time to time identify. In developing 
21    the plan, the
Department shall seek input from providers, 
22    parent groups, associations and
interested citizens.


23        Beginning with State fiscal year 1996, the annual 
24    comprehensive State plan
developed under this Section 
25    shall include an explanation of the rationale to
be used in 
26    ensuring that funding shall be based upon local community 
 
 
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1    needs,
including, but not limited to, the incidence and 
2    prevalence of, and costs
associated with, the abuse of and 
3    dependency upon alcohol and other drugs, as
well as upon 
4    demonstrated program performance.


5        The annual comprehensive State plan developed under 
6    this Section shall
contain a report detailing the 
7    activities of and progress made by the programs
for the 
8    care and treatment of addicted pregnant women, addicted 
9    mothers and
their children established under subsection 
10    (j) of Section 35-5 of this Act. 


11        Each State agency which provides or funds alcohol or 
12    drug prevention,
intervention and treatment services shall 
13    annually prepare an agency plan for
providing such 
14    services, and these shall be used by the Department in 
15    preparing
the annual comprehensive statewide plan.  Each 
16    agency's annual plan for alcohol
and drug abuse services 
17    shall contain a report on the activities and progress
of 
18    such services in the prior year.  The Department may provide 
19    technical
assistance to other State agencies, as required, 
20    in the development of their
agency plans.


21        (4) Lead, foster and develop cooperation, coordination 
22    and agreements
among federal and State governmental 
23    agencies and local providers that provide
assistance, 
24    services, funding or other functions, peripheral or 
25    direct, in the
prevention, intervention, treatment or 
26    rehabilitation of alcoholism and other
drug abuse and 
 
 
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1    dependency.  This shall include, but shall not be limited 
2    to,
the following:


3            (A) Cooperate with and assist the Department of 
4        Corrections and
the Department on Aging in 
5        establishing and conducting programs relating to 
6        alcoholism
and other drug abuse and dependency among 
7        those populations which they
respectively serve.


8            (B) Cooperate with and assist the Illinois 
9        Department of Public Health
in the establishment, 
10        funding and support of programs and services for the

11        promotion of maternal and child health and the 
12        prevention and treatment of
infectious diseases, 
13        including but not limited to HIV infection, especially

14        with respect to those persons who may abuse drugs by 
15        intravenous injection, or
may have been sexual 
16        partners of drug abusers, or may have abused substances 
17        so
that their immune systems are impaired, causing them 
18        to be at high risk.


19            (C) Supply to the Department of Public Health and 
20        prenatal care
providers a list of all alcohol and other 
21        drug abuse service providers for
addicted pregnant 
22        women in this State.


23            (D) Assist in the placement of child abuse or 
24        neglect perpetrators
(identified by the Illinois 
25        Department of Children and Family Services) who
have 
26        been determined to be in need of alcohol or other drug 
 
 
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1        abuse services
pursuant to Section 8.2 of the Abused 
2        and Neglected Child Reporting Act.


3            (E) Cooperate with and assist the Illinois 
4        Department of Children and
Family Services in carrying 
5        out its mandates to:


6                (i) identify alcohol and other drug abuse 
7            issues among its clients and
their families; and


8                (ii) develop programs and services to deal 
9            with such problems.


10        These programs and services may include, but shall not 
11        be limited to,
programs to prevent the abuse of alcohol 
12        or other drugs by DCFS clients and
their families, 
13        rehabilitation services, identifying child care needs 
14        within
the array of alcohol and other drug abuse 
15        services, and assistance with other
issues as 
16        required.


17            (F) Cooperate with and assist the Illinois 
18        Criminal Justice Information
Authority with respect to 
19        statistical and other information concerning drug

20        abuse incidence and prevalence.


21            (G) Cooperate with and assist the State 
22        Superintendent of Education,
boards of education, 
23        schools, police departments, the Illinois Department 
24        of
State Police, courts and other public and private 
25        agencies and individuals in
establishing prevention 
26        programs statewide and preparing curriculum materials

 
 
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1        for use at all levels of education. An agreement shall 
2        be entered into with the
State Superintendent of 
3        Education to assist in the establishment of such

4        programs.


5            (H) Cooperate with and assist the Illinois 
6        Department of Healthcare and Family Services in
the 
7        development and provision of services offered to 
8        recipients of public
assistance for the treatment and 
9        prevention of alcoholism and other drug abuse
and 
10        dependency.


11            (I) Provide training recommendations to other 
12        State agencies funding
alcohol or other drug abuse 
13        prevention, intervention, treatment or
rehabilitation 
14        services.


15        (5) From monies appropriated to the Department from the 
16    Drunk and Drugged
Driving Prevention Fund, make grants to 
17    reimburse DUI evaluation and remedial
education programs 
18    licensed by the Department for the costs of providing

19    indigent persons with free or reduced-cost services 
20    relating to a charge of
driving under the influence of 
21    alcohol or other drugs.  


22        (6) Promulgate regulations to provide appropriate 
23    standards for publicly
and privately funded programs as 
24    well as for levels of payment to government
funded programs 
25    which provide an array of services for prevention,

26    intervention, treatment and rehabilitation for alcoholism 
 
 
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1    and other drug abuse
or dependency.


2        (7) In consultation with local service providers, 
3    specify a uniform
statistical methodology for use by 
4    agencies, organizations, individuals and the
Department 
5    for collection and dissemination of statistical 
6    information
regarding services related to alcoholism and 
7    other drug use and abuse. This
shall include prevention 
8    services delivered, the number of persons treated,

9    frequency of admission and readmission, and duration of 
10    treatment.


11        (8) Receive data and assistance from federal, State and 
12    local governmental
agencies, and obtain copies of 
13    identification and arrest data from all federal,
State and 
14    local law enforcement agencies for use in carrying out the 
15    purposes
and functions of the Department.


16        (9) Designate and license providers to conduct 
17    screening, assessment,
referral and tracking of clients 
18    identified by the criminal justice system as
having 
19    indications of alcoholism or other drug abuse or dependency 
20    and being
eligible to make an election for treatment under 
21    Section 40-5 of this Act, and
assist in the placement of 
22    individuals who are under court order to participate
in 
23    treatment.


24        (10) Designate medical examination and other programs 
25    for determining
alcoholism and other drug abuse and 
26    dependency.


 
 
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1        (11) Encourage service providers who receive financial 
2    assistance in any
form from the State to assess and collect 
3    fees for services rendered.


4        (12) Make grants with funds appropriated from the Drug 
5    Treatment Fund in
accordance with Section 7 of the 
6    Controlled Substance and Cannabis Nuisance
Act, or in 
7    accordance with Section 80 of the Methamphetamine Control 
8    and Community Protection Act, or in accordance with 
9    subsections (h) and (i) of Section 411.2 of the
Illinois 
10    Controlled Substances Act. 


11        (13) Encourage all health and disability insurance 
12    programs to include
alcoholism and other drug abuse and 
13    dependency as a covered illness.


14        (14) Make such agreements, grants-in-aid and 
15    purchase-care arrangements
with any other department, 
16    authority or commission of this State, or any other
state 
17    or the federal government or with any public or private 
18    agency, including
the disbursement of funds and furnishing 
19    of staff, to effectuate the purposes
of this Act.


20        (15) Conduct a public information campaign to inform 
21    the State's
Hispanic residents regarding the prevention 
22    and treatment of alcoholism.

23    (b) In addition to the powers, duties and functions vested 
24in it by this
Act, or by other laws of this State, the 
25Department may undertake, but shall
not be limited to, the 
26following activities:


 
 
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1        (1) Require all programs funded by the Department to 
2    include an education
component to inform participants 
3    regarding the causes and means of transmission
and methods 
4    of reducing the risk of acquiring or transmitting HIV 
5    infection,
and to include funding for such education 
6    component in its support of the
program.


7        (2) Review all State agency applications for federal 
8    funds which include
provisions relating to the prevention, 
9    early intervention and treatment of
alcoholism and other 
10    drug abuse and dependency in order to ensure consistency

11    with the comprehensive statewide plan developed pursuant 
12    to this Act.


13        (3) Prepare, publish, evaluate, disseminate and serve 
14    as a central
repository for educational materials dealing 
15    with the nature and effects of
alcoholism and other drug 
16    abuse and dependency.  Such materials may deal with
the 
17    educational needs of the citizens of Illinois, and may 
18    include at least
pamphlets which describe the causes and 
19    effects of fetal alcohol syndrome,
which the Department may 
20    distribute free of charge to each county clerk in

21    sufficient quantities that the county clerk may provide a 
22    pamphlet to the
recipients of all marriage licenses issued 
23    in the county.


24        (4) Develop and coordinate, with regional and local 
25    agencies, education
and training programs for persons 
26    engaged in providing the array of services
for persons 
 
 
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1    having alcoholism or other drug abuse and dependency 
2    problems,
which programs may include specific HIV 
3    education and training for program
personnel.


4        (5) Cooperate with and assist in the development of 
5    education, prevention
and treatment programs for employees 
6    of State and local governments and
businesses in the State.


7        (6) Utilize the support and assistance of interested 
8    persons in the
community, including recovering addicts and 
9    alcoholics, to assist individuals
and communities in 
10    understanding the dynamics of addiction, and to encourage

11    individuals with alcohol or other drug abuse or dependency 
12    problems to
voluntarily undergo treatment.


13        (7) Promote, conduct, assist or sponsor basic 
14    clinical, epidemiological
and statistical research into 
15    alcoholism and other drug abuse and dependency,
and 
16    research into the prevention of those problems either 
17    solely or in
conjunction with any public or private agency.


18        (8) Cooperate with public and private agencies, 
19    organizations and
individuals in the development of 
20    programs, and to provide technical assistance
and 
21    consultation services for this purpose.


22        (9) Publish or provide for the publishing of a manual 
23    to assist medical
and social service providers in 
24    identifying alcoholism and other drug abuse and
dependency 
25    and coordinating the multidisciplinary delivery of 
26    services to
addicted pregnant women, addicted mothers and 
 
 
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1    their children.  The manual may
be used only to provide 
2    information and may not be used by the Department to

3    establish practice standards.  The Department may not 
4    require recipients to use
specific providers nor may they 
5    require providers to refer recipients to
specific 
6    providers. The manual may include, but need not be limited 
7    to, the
following:


8            (A) Information concerning risk assessments of 
9        women seeking prenatal,
natal, and postnatal medical 
10        care.


11            (B) Information concerning risk assessments of 
12        infants who may be
substance-affected.


13            (C) Protocols that have been adopted by the 
14        Illinois Department of
Children and Family Services 
15        for the reporting and investigation of allegations
of 
16        child abuse or neglect under the Abused and Neglected 
17        Child Reporting Act.


18            (D) Summary of procedures utilized in juvenile 
19        court in cases of
children alleged or found to be 
20        abused or neglected as a result of being born
to 
21        addicted women.


22            (E) Information concerning referral of addicted 
23        pregnant women,
addicted mothers and their children by 
24        medical, social service, and substance
abuse treatment 
25        providers, by the Departments of Children and Family 
26        Services, Public Aid, Public Health, and
Human 
 
 
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1        Services.


2            (F) Effects of substance abuse on infants and 
3        guidelines on the
symptoms, care, and comfort of 
4        drug-withdrawing infants.


5            (G) Responsibilities of the Illinois Department of 
6        Public Health to
maintain statistics on the number of 
7        children in Illinois addicted at birth.


8        (10) To the extent permitted by federal law or 
9    regulation, establish and
maintain a clearinghouse and 
10    central repository for the development and
maintenance of a 
11    centralized data collection and dissemination system and a

12    management information system for all alcoholism and other 
13    drug abuse
prevention, early intervention and treatment 
14    services.


15        (11) Fund, promote or assist programs, services, 
16    demonstrations or
research dealing with addictive or 
17    habituating behaviors detrimental to the
health of 
18    Illinois citizens.


19        (12) With monies appropriated from the Group Home Loan 
20    Revolving Fund,
make loans, directly or through 
21    subcontract, to assist in underwriting the
costs of housing 
22    in which individuals recovering from alcohol or other drug

23    abuse or dependency may reside in groups of not less than 6 
24    persons, pursuant
to Section 50-40 of this Act.


25        (13) Promulgate such regulations as may be necessary 
26    for the
administration of grants or to otherwise carry out 
 
 
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1    the purposes and enforce the
provisions of this Act.


2        (14) Fund programs to help parents be effective in 
3    preventing
substance abuse by building an awareness of 
4    drugs and alcohol and the family's
role in preventing abuse 
5    through adjusting expectations, developing new skills,
and 
6    setting positive family goals.  The programs shall include, 
7    but not be
limited to, the following subjects: healthy 
8    family communication; establishing
rules and limits; how 
9    to reduce family conflict; how to build self-esteem,

10    competency, and responsibility in children; how to improve 
11    motivation and
achievement; effective discipline; problem 
12    solving techniques; and how to talk
about drugs and 
13    alcohol.  The programs shall be open to all parents.

14(Source: P.A. 94-556, eff. 9-11-05; 95-331, eff. 8-21-07.)".