103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB3470

 

Introduced 2/8/2024, by Sen. Elgie R. Sims, Jr.

 

SYNOPSIS AS INTRODUCED:
 
New Act

    Creates the Pretrial Success Act. Provides that the Department of Human Services has grant making, operational, and procurement authority to distribute funds to local government health and human services agencies, community-based organizations, and other entities necessary to execute the functions under the Act. Provides that subject to appropriation, the Department shall issue grants to local governmental agencies and community-based organizations to maximize pretrial success each year. Provides that grants shall be awarded no later than October 1, 2024. Provides that grants in subsequent years shall be issued on or before September 1 of the relevant fiscal year and shall allow for pre-award expenditures beginning July 1 of the relevant fiscal year. Provides that each judicial circuit with a population of at least 250,000 constitutes a service area. Provides that each judicial circuit with populations of less than 250,000 shall be combined with at least one other geographically contiguous judicial circuit to constitute a service area with a population of at least 250,000. Provides that resources for each service area shall be distributed based on maximizing the total potential pretrial success. Subject to appropriation, the minimum annual grant amount awarded in each service area shall be $300,000. Provides that beginning in fiscal year 2027 and subject to appropriation, grants shall be awarded for a project period of 3 years, contingent on Department requirements for reporting and successful performance. Provides that organizations receiving grants under the Act shall provide the following services directly or through subgrants to other organizations:(1) case management for mental health and substance use disorders; (2) detoxification or referral to detoxification when clinically indicated and available in the community; (3) medication assisted treatment or referral to medication assisted treatment when clinically indicated and available in the community; (4) child care to remove barriers to court appearances; and (5) transportation to court appearances if not available through the Office of Statewide Pretrial Services or other court stakeholders. Effective immediately.


LRB103 36966 RLC 67080 b

 

 

A BILL FOR

 

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1    AN ACT concerning health.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Pretrial Success Act.
 
6    Section 5. Intent; purposes. This Act creates a
7comprehensive approach to ensuring pretrial success, justice,
8and individual and communal well-being. The Act minimizes the
9number of people detained pretrial by ensuring access to
10community-based pretrial supports and services.
 
11    Section 10. Definitions. As used in this Act:
12    "Case management" means assessment, planning,
13coordination, and advocacy services for individuals who need
14multiple services and require assistance in gaining access to
15and in using behavioral health, physical health, social,
16vocational, educational, housing, public income entitlements
17and other community services to assist the individual in the
18community. Case management may also include identifying and
19investigating available resources, explaining options to the
20individual, and linking the individual with necessary
21resources.
22    "Community-based pretrial supports and services" means

 

 

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1voluntary services provided in the community to an individual
2charged with a criminal offense who has been granted pretrial
3release. Community-based pretrial supports and services shall
4be trauma-informed and designed and delivered according to
5best practice standards to maximize pretrial success.
6    "Court stakeholders" means Judges, State's Attorneys,
7defense attorneys including Public Defenders, Sheriffs, police
8departments, and any other individuals, agencies, or offices
9or their employees involved in pretrial criminal court
10proceedings.
11    "Department" means the Department of Human Services.
12    "Detoxification" means the process of withdrawing a person
13from a specific psychoactive substance in a safe and effective
14manner.
15    "Eligible participant" means an Illinois resident charged
16with a criminal offense who has been granted pretrial release.
17    "Medication assisted treatment" means the prescription of
18medications that are approved by the U.S. Food and Drug
19Administration and the Center for Substance Abuse Treatment to
20assist with treatment for a substance use disorder and to
21support recovery for individuals receiving services in a
22facility licensed by the Department. Medication assisted
23treatment includes opioid treatment services as authorized by
24a Department license.
25    "Pretrial success" means ensuring court appearances and
26reducing subsequent involvement with the criminal-legal

 

 

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1system.
2    "Service area" means a judicial circuit or group of
3judicial circuits.
 
4    Section 15. Findings. The General Assembly finds that:
5        (1) The Pretrial Fairness Act defines when an arrested
6    person can be denied pretrial release and prohibits the
7    imposition of financial conditions for release by
8    abolishing money bond. This prevents the pretrial
9    detention of many arrested individuals with mental health
10    or substance use disorders or others who could benefit
11    from community-based supports and services.
12        (2) Because people awaiting trial are legally presumed
13    innocent, the Illinois Supreme Court Commission on
14    Pretrial Practices recommends, consistent with national
15    best practices, that "(c)onditions and supervision shall
16    not mandate rehabilitative services (substance abuse,
17    mental health, partner abuse intervention programs, etc.)
18    unless the court finds them to be a risk factor directly
19    related to further criminal behavior and failure to appear
20    at court hearings. The inability to pay for such
21    court-ordered services shall not interfere with release."
22        (3) Research shows that mental health and substance
23    use disorder services, including treatment, are generally
24    most effective when participation is voluntary and access
25    is assured.

 

 

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1        (4) Communities throughout Illinois have significant
2    gaps in the availability of mental health and substance
3    use disorder services and other community-based pretrial
4    supports and services.
5        (5) If services are available, navigating complicated
6    systems can be a barrier to access and success.
7        (6) Community-based pretrial supports and services are
8    most effective when delivered by organizations trusted
9    within the community and developed with the input of
10    community members, including those directly impacted by
11    the criminal-legal system.
 
12    Section 20. Grant making authority.
13    (a) The Department of Human Services shall have grant
14making, operational, and procurement authority to distribute
15funds to local government health and human services agencies,
16community-based organizations, and other entities necessary to
17execute the functions established in this Act.
18    (b) Subject to appropriation, the Department shall issue
19grants to local governmental agencies and community-based
20organizations to maximize pretrial success each year. Grants
21shall be awarded no later than October 1, 2024. Grants in
22subsequent years shall be issued on or before September 1 of
23the relevant fiscal year and shall allow for pre-award
24expenditures beginning July 1 of the relevant fiscal year.
25    (c) Beginning in fiscal year 2027 and subject to

 

 

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1appropriation, grants shall be awarded for a project period of
23 years, contingent on Department requirements for reporting
3and successful performance.
 
4    Section 25. Community-based pretrial supports and
5services.
6    (a) Subject to appropriation, the Department shall make
7grants to organizations for community-based pretrial supports
8and services.
9    (b) The Department shall issue grants to at least one
10organization in each of the service areas and no more than 3
11organizations in each of the service areas with the exception
12of service areas with a population exceeding 2,000,000. The
13Department shall issue grants to at least one organization and
14no more than 10 organizations in service areas with a
15population exceeding 2,000,000. Grants in each service area
16shall be for no less than $100,000 and no more than $500,000
17per organization. An organization may receive grants in more
18than one service area.
19    (c) Organizations receiving grants under this Act shall
20coordinate services with other organizations and court
21stakeholders in their service area. Organizations receiving
22grants under this Act shall coordinate services with the
23Office of Statewide Pretrial Services to the extent that it
24operates in their service area.
25    (d) Organizations receiving grants under this Act shall

 

 

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1establish eligibility criteria for services. Organizations
2receiving grants under this Act shall be required to accept
3referrals of eligible participants from court stakeholders.
4Organizations receiving grants under this Act may accept
5referrals of eligible participants from other sources
6including self-referrals.
7    (e) An eligible participant shall not be ordered to
8receive services funded by a grant under this Act unless the
9person has undergone a validated clinical assessment and the
10clinical treatment plan includes such services. "Validated
11clinical assessment" and "clinical treatment plan" have the
12meanings ascribed to them in Section 10 of the Drug Court
13Treatment Act.
14    (f) Organizations receiving grants under this Act shall
15provide the following services directly or through subgrants
16to other organizations:
17        (1) case management for mental health and substance
18    use disorders;
19        (2) detoxification or referral to detoxification when
20    clinically indicated and available in the community;
21        (3) medication assisted treatment or referral to
22    medication assisted treatment when clinically indicated
23    and available in the community;
24        (4) child care to remove barriers to court
25    appearances; and
26        (5) transportation to court appearances if not

 

 

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1    available through the Office of Statewide Pretrial
2    Services or other court stakeholders.
3    (g) Organizations receiving grants under this Act may
4provide the following services directly or through subgrants
5to other organizations:
6        (1) Behavioral health services, including harm
7    reduction services, clinical interventions, crisis
8    interventions, and group counseling supports, such as peer
9    support groups, social-emotional learning supports,
10    including skill building for anger management,
11    de-escalation, sensory stabilization, coping strategies,
12    and thoughtful decision-making, short-term clinical
13    individual sessions, and motivational interviewing.
14        (2) Other services necessary to promote pretrial
15    success, as determined by the organization and approved by
16    the Department.
17    (h) Organizations receiving grants under this Act shall
18ensure that services are accessible to individuals with
19disabilities and to individuals with limited English
20proficiency. Organizations receiving grants under this Act
21shall not deny services to individuals on the basis of
22immigration status or gender identity.
23    (i) No statement or other disclosure, written or
24otherwise, made by an eligible participant to an employee of
25an organization receiving a grant under this Act may be used by
26the prosecution to prove any crime or offense alleged in the

 

 

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1pending case.
2    (j) The Department shall encourage organizations receiving
3grants under this Act to employ individuals with personal
4experience with being charged with a felony offense. On or
5before January 1, 2025, the Department shall create and
6execute a Background Check Waiver Process, limiting the
7disqualifying offenses, for employees who provide services
8under this Act.
9    (k) Organizations receiving funds under this Act may
10utilize up to 5% of awarded grant funds to raise awareness of
11community-based pretrial supports and services.
 
12    Section 30. Service areas.
13    (a) Each judicial circuit with a population of at least
14250,000 constitutes a service area. Each judicial circuit with
15a population of less than 250,000 shall be combined with at
16least one other geographically contiguous judicial circuit to
17constitute a service area with a population of at least
18250,000.
19    (b) Resources for each service area shall be distributed
20based on maximizing the total potential pretrial success.
21Subject to appropriation, the minimum annual grant amount
22awarded in each service area shall be $300,000. In determining
23the distribution of resources to service areas, the Department
24shall consider the following factors:
25        (1) service area population and poverty level;

 

 

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1        (2) the geographic size of a service area;
2        (3) the average number of people charged with felony
3    offenses each year;
4        (4) the number of people incarcerated in the past
5    because of their inability to afford payment of money
6    bond; and
7        (5) level of Office of Statewide Pretrial Services
8    programming in the counties in the service area.
 
9    Section 35. Local advisory councils.
10    (a) The Department shall create local advisory councils
11for each of the service areas for the purpose of obtaining
12recommendations on how to distribute funds in these areas to
13maximize pretrial success. Local advisory councils shall
14consist of no fewer than 5 members. At least 40% of members
15shall have personal experience with being charged with a
16felony offense in Illinois. At least 20% of members shall have
17personal experience with a family member being charged with a
18felony offense in Illinois. Members of the local advisory
19councils shall serve without compensation except those
20designated as individuals with personal experience may receive
21stipends as compensation for their time.
22    (b) The Department shall provide data to each local
23advisory council on the characteristics of the service area
24and the availability of community-based pretrial supports and
25services. The Department shall also provide best available

 

 

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1evidence on how to maximize pretrial success.
2    (c) Each local advisory council shall make recommendations
3on how to allocate distributed resources and desired goals for
4its service area based on information provided to them by the
5Department.
6    (d) Beginning in fiscal year 2026, the Department shall
7consider the recommendations and determine how to distribute
8funds through grants to community-based organizations and
9local governments. To the extent the Department does not
10follow a local advisory council's recommendation on allocation
11of funds, the Department shall explain in writing why a
12different allocation of resources is more likely to maximize
13pretrial success in the service area.
 
14    Section 40. Medicaid services.
15    (a) Funds awarded under this Act may be used for
16behavioral health services until July 1, 2026.
17    (b) Any organization being reimbursed from funds awarded
18under this Act for behavioral health services must also file a
19plan to become Medicaid certified for behavioral health
20services under the Illinois Medicaid program on or before July
211, 2026.
 
22    Section 45. Evaluation.
23    (a) The Department shall issue a report to the General
24Assembly no later than January 1 of each year beginning

 

 

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1January 1, 2026. The report shall cover the previous fiscal
2year and identify gaps in community-based pretrial supports
3and services in each service area, explain the investments
4that are being made to maximize pretrial success, and make
5further recommendations on how to build community-based
6capacity for community-based pretrial supports and services
7including mental health and substance use disorder treatment.
8    (b) Beginning January 1, 2027, the annual report shall
9include an evaluation of the effectiveness of grants under
10this Act in maximizing pretrial success. The Department shall
11use community-based participatory research methods and ensure
12that the evaluation incorporates input from individuals and
13organizations affected by the Act, including, but not limited
14to, individuals with personal experience with being charged
15with a felony offense in Illinois, individuals with personal
16experience with a family member being charged with a felony
17offense in Illinois, local government health and human
18services agencies, community-based organizations, and court
19stakeholders. The evaluation should be conducted with input
20from outside expert evaluators when possible.
21    (c) The Department shall consider findings from annual
22reports and evaluations in developing subsequent years'
23grantmaking processes, monitoring progress toward local
24advisory councils' goals, and ensuring equity in the
25grantmaking process.
 

 

 

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1    Section 50. Rulemaking authority. The Department shall
2adopt rules as are necessary to implement all elements of this
3Act.
 
4    Section 99. Effective date. This Act takes effect upon
5becoming law.