96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB3333

 

Introduced 2/10/2010, by Sen. Dan Cronin

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 301/5-10

    Amends the Alcoholism and Other Drug Abuse and Dependency Act. Provides that the Illinois Department of Human Services shall prepare, publish, evaluate, disseminate and serve as a central repository for educational materials dealing with the nature and effects of alcoholism and other drug abuse and dependency, and that such materials may deal with the educational needs of the citizens of Illinois, and shall (rather than may) include at least pamphlets which describe the causes and effects of fetal alcohol syndrome, which the Department may distribute free of charge to each county clerk in sufficient quantities that the county clerk may provide a pamphlet to the recipients of all marriage licenses issued in the county. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1     AN ACT concerning State government.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Alcoholism and Other Drug Abuse and
5 Dependency Act is amended by changing Section 5-10 as follows:
 
6     (20 ILCS 301/5-10)
7     Sec. 5-10. Functions of the Department.
8     (a) In addition to the powers, duties and functions vested
9 in the Department by this Act, or by other laws of this State,
10 the Department shall carry out the following activities:
11         (1) Design, coordinate and fund a comprehensive and
12     coordinated community-based and culturally and
13     gender-appropriate array of services throughout the State
14     for the prevention, intervention, treatment and
15     rehabilitation of alcohol and other drug abuse and
16     dependency that is accessible and addresses the needs of
17     at-risk or addicted individuals and their families.
18         (2) Act as the exclusive State agency to accept,
19     receive and expend, pursuant to appropriation, any public
20     or private monies, grants or services, including those
21     received from the federal government or from other State
22     agencies, for the purpose of providing an array of services
23     for the prevention, intervention, treatment and

 

 

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1     rehabilitation of alcoholism or other drug abuse or
2     dependency. Monies received by the Department shall be
3     deposited into appropriate funds as may be created by State
4     law or administrative action.
5         (3) Coordinate a statewide strategy among State
6     agencies for the prevention, intervention, treatment and
7     rehabilitation of alcohol and other drug abuse and
8     dependency. This strategy shall include the development of
9     an annual comprehensive State plan for the provision of an
10     array of services for education, prevention, intervention,
11     treatment, relapse prevention and other services and
12     activities to alleviate alcoholism and other drug abuse and
13     dependency. The plan shall be based on local
14     community-based needs and upon data including, but not
15     limited to, that which defines the prevalence of and costs
16     associated with the abuse of and dependency upon alcohol
17     and other drugs. This comprehensive State plan shall
18     include identification of problems, needs, priorities,
19     services and other pertinent information, including the
20     needs of minorities and other specific populations in the
21     State, and shall describe how the identified problems and
22     needs will be addressed. For purposes of this paragraph,
23     the term "minorities and other specific populations" may
24     include, but shall not be limited to, groups such as women,
25     children, intravenous drug users, persons with AIDS or who
26     are HIV infected, African-Americans, Puerto Ricans,

 

 

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1     Hispanics, Asian Americans, the elderly, persons in the
2     criminal justice system, persons who are clients of
3     services provided by other State agencies, persons with
4     disabilities and such other specific populations as the
5     Department may from time to time identify. In developing
6     the plan, the Department shall seek input from providers,
7     parent groups, associations and interested citizens.
8         Beginning with State fiscal year 1996, the annual
9     comprehensive State plan developed under this Section
10     shall include an explanation of the rationale to be used in
11     ensuring that funding shall be based upon local community
12     needs, including, but not limited to, the incidence and
13     prevalence of, and costs associated with, the abuse of and
14     dependency upon alcohol and other drugs, as well as upon
15     demonstrated program performance.
16         The annual comprehensive State plan developed under
17     this Section shall contain a report detailing the
18     activities of and progress made by the programs for the
19     care and treatment of addicted pregnant women, addicted
20     mothers and their children established under subsection
21     (j) of Section 35-5 of this Act.
22         Each State agency which provides or funds alcohol or
23     drug prevention, intervention and treatment services shall
24     annually prepare an agency plan for providing such
25     services, and these shall be used by the Department in
26     preparing the annual comprehensive statewide plan. Each

 

 

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1     agency's annual plan for alcohol and drug abuse services
2     shall contain a report on the activities and progress of
3     such services in the prior year. The Department may provide
4     technical assistance to other State agencies, as required,
5     in the development of their agency plans.
6         (4) Lead, foster and develop cooperation, coordination
7     and agreements among federal and State governmental
8     agencies and local providers that provide assistance,
9     services, funding or other functions, peripheral or
10     direct, in the prevention, intervention, treatment or
11     rehabilitation of alcoholism and other drug abuse and
12     dependency. This shall include, but shall not be limited
13     to, the following:
14             (A) Cooperate with and assist the Department of
15         Corrections and the Department on Aging in
16         establishing and conducting programs relating to
17         alcoholism and other drug abuse and dependency among
18         those populations which they respectively serve.
19             (B) Cooperate with and assist the Illinois
20         Department of Public Health in the establishment,
21         funding and support of programs and services for the
22         promotion of maternal and child health and the
23         prevention and treatment of infectious diseases,
24         including but not limited to HIV infection, especially
25         with respect to those persons who may abuse drugs by
26         intravenous injection, or may have been sexual

 

 

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1         partners of drug abusers, or may have abused substances
2         so that their immune systems are impaired, causing them
3         to be at high risk.
4             (C) Supply to the Department of Public Health and
5         prenatal care providers a list of all alcohol and other
6         drug abuse service providers for addicted pregnant
7         women in this State.
8             (D) Assist in the placement of child abuse or
9         neglect perpetrators (identified by the Illinois
10         Department of Children and Family Services) who have
11         been determined to be in need of alcohol or other drug
12         abuse services pursuant to Section 8.2 of the Abused
13         and Neglected Child Reporting Act.
14             (E) Cooperate with and assist the Illinois
15         Department of Children and Family Services in carrying
16         out its mandates to:
17                 (i) identify alcohol and other drug abuse
18             issues among its clients and their families; and
19                 (ii) develop programs and services to deal
20             with such problems.
21         These programs and services may include, but shall not
22         be limited to, programs to prevent the abuse of alcohol
23         or other drugs by DCFS clients and their families,
24         rehabilitation services, identifying child care needs
25         within the array of alcohol and other drug abuse
26         services, and assistance with other issues as

 

 

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1         required.
2             (F) Cooperate with and assist the Illinois
3         Criminal Justice Information Authority with respect to
4         statistical and other information concerning drug
5         abuse incidence and prevalence.
6             (G) Cooperate with and assist the State
7         Superintendent of Education, boards of education,
8         schools, police departments, the Illinois Department
9         of State Police, courts and other public and private
10         agencies and individuals in establishing prevention
11         programs statewide and preparing curriculum materials
12         for use at all levels of education. An agreement shall
13         be entered into with the State Superintendent of
14         Education to assist in the establishment of such
15         programs.
16             (H) Cooperate with and assist the Illinois
17         Department of Healthcare and Family Services in the
18         development and provision of services offered to
19         recipients of public assistance for the treatment and
20         prevention of alcoholism and other drug abuse and
21         dependency.
22             (I) Provide training recommendations to other
23         State agencies funding alcohol or other drug abuse
24         prevention, intervention, treatment or rehabilitation
25         services.
26         (5) From monies appropriated to the Department from the

 

 

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1     Drunk and Drugged Driving Prevention Fund, make grants to
2     reimburse DUI evaluation and remedial education programs
3     licensed by the Department for the costs of providing
4     indigent persons with free or reduced-cost services
5     relating to a charge of driving under the influence of
6     alcohol or other drugs.
7         (6) Promulgate regulations to provide appropriate
8     standards for publicly and privately funded programs as
9     well as for levels of payment to government funded programs
10     which provide an array of services for prevention,
11     intervention, treatment and rehabilitation for alcoholism
12     and other drug abuse or dependency.
13         (7) In consultation with local service providers,
14     specify a uniform statistical methodology for use by
15     agencies, organizations, individuals and the Department
16     for collection and dissemination of statistical
17     information regarding services related to alcoholism and
18     other drug use and abuse. This shall include prevention
19     services delivered, the number of persons treated,
20     frequency of admission and readmission, and duration of
21     treatment.
22         (8) Receive data and assistance from federal, State and
23     local governmental agencies, and obtain copies of
24     identification and arrest data from all federal, State and
25     local law enforcement agencies for use in carrying out the
26     purposes and functions of the Department.

 

 

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1         (9) Designate and license providers to conduct
2     screening, assessment, referral and tracking of clients
3     identified by the criminal justice system as having
4     indications of alcoholism or other drug abuse or dependency
5     and being eligible to make an election for treatment under
6     Section 40-5 of this Act, and assist in the placement of
7     individuals who are under court order to participate in
8     treatment.
9         (10) Designate medical examination and other programs
10     for determining alcoholism and other drug abuse and
11     dependency.
12         (11) Encourage service providers who receive financial
13     assistance in any form from the State to assess and collect
14     fees for services rendered.
15         (12) Make grants with funds appropriated from the Drug
16     Treatment Fund in accordance with Section 7 of the
17     Controlled Substance and Cannabis Nuisance Act, or in
18     accordance with Section 80 of the Methamphetamine Control
19     and Community Protection Act, or in accordance with
20     subsections (h) and (i) of Section 411.2 of the Illinois
21     Controlled Substances Act.
22         (13) Encourage all health and disability insurance
23     programs to include alcoholism and other drug abuse and
24     dependency as a covered illness.
25         (14) Make such agreements, grants-in-aid and
26     purchase-care arrangements with any other department,

 

 

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1     authority or commission of this State, or any other state
2     or the federal government or with any public or private
3     agency, including the disbursement of funds and furnishing
4     of staff, to effectuate the purposes of this Act.
5         (15) Conduct a public information campaign to inform
6     the State's Hispanic residents regarding the prevention
7     and treatment of alcoholism.
8     (b) In addition to the powers, duties and functions vested
9 in it by this Act, or by other laws of this State, the
10 Department may undertake, but shall not be limited to, the
11 following activities:
12         (1) Require all programs funded by the Department to
13     include an education component to inform participants
14     regarding the causes and means of transmission and methods
15     of reducing the risk of acquiring or transmitting HIV
16     infection, and to include funding for such education
17     component in its support of the program.
18         (2) Review all State agency applications for federal
19     funds which include provisions relating to the prevention,
20     early intervention and treatment of alcoholism and other
21     drug abuse and dependency in order to ensure consistency
22     with the comprehensive statewide plan developed pursuant
23     to this Act.
24         (3) Prepare, publish, evaluate, disseminate and serve
25     as a central repository for educational materials dealing
26     with the nature and effects of alcoholism and other drug

 

 

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1     abuse and dependency. Such materials may deal with the
2     educational needs of the citizens of Illinois, and shall
3     may include at least pamphlets which describe the causes
4     and effects of fetal alcohol syndrome, which the Department
5     may distribute free of charge to each county clerk in
6     sufficient quantities that the county clerk may provide a
7     pamphlet to the recipients of all marriage licenses issued
8     in the county.
9         (4) Develop and coordinate, with regional and local
10     agencies, education and training programs for persons
11     engaged in providing the array of services for persons
12     having alcoholism or other drug abuse and dependency
13     problems, which programs may include specific HIV
14     education and training for program personnel.
15         (5) Cooperate with and assist in the development of
16     education, prevention and treatment programs for employees
17     of State and local governments and businesses in the State.
18         (6) Utilize the support and assistance of interested
19     persons in the community, including recovering addicts and
20     alcoholics, to assist individuals and communities in
21     understanding the dynamics of addiction, and to encourage
22     individuals with alcohol or other drug abuse or dependency
23     problems to voluntarily undergo treatment.
24         (7) Promote, conduct, assist or sponsor basic
25     clinical, epidemiological and statistical research into
26     alcoholism and other drug abuse and dependency, and

 

 

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1     research into the prevention of those problems either
2     solely or in conjunction with any public or private agency.
3         (8) Cooperate with public and private agencies,
4     organizations and individuals in the development of
5     programs, and to provide technical assistance and
6     consultation services for this purpose.
7         (9) Publish or provide for the publishing of a manual
8     to assist medical and social service providers in
9     identifying alcoholism and other drug abuse and dependency
10     and coordinating the multidisciplinary delivery of
11     services to addicted pregnant women, addicted mothers and
12     their children. The manual may be used only to provide
13     information and may not be used by the Department to
14     establish practice standards. The Department may not
15     require recipients to use specific providers nor may they
16     require providers to refer recipients to specific
17     providers. The manual may include, but need not be limited
18     to, the following:
19             (A) Information concerning risk assessments of
20         women seeking prenatal, natal, and postnatal medical
21         care.
22             (B) Information concerning risk assessments of
23         infants who may be substance-affected.
24             (C) Protocols that have been adopted by the
25         Illinois Department of Children and Family Services
26         for the reporting and investigation of allegations of

 

 

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1         child abuse or neglect under the Abused and Neglected
2         Child Reporting Act.
3             (D) Summary of procedures utilized in juvenile
4         court in cases of children alleged or found to be
5         abused or neglected as a result of being born to
6         addicted women.
7             (E) Information concerning referral of addicted
8         pregnant women, addicted mothers and their children by
9         medical, social service, and substance abuse treatment
10         providers, by the Departments of Children and Family
11         Services, Public Aid, Public Health, and Human
12         Services.
13             (F) Effects of substance abuse on infants and
14         guidelines on the symptoms, care, and comfort of
15         drug-withdrawing infants.
16             (G) Responsibilities of the Illinois Department of
17         Public Health to maintain statistics on the number of
18         children in Illinois addicted at birth.
19         (10) To the extent permitted by federal law or
20     regulation, establish and maintain a clearinghouse and
21     central repository for the development and maintenance of a
22     centralized data collection and dissemination system and a
23     management information system for all alcoholism and other
24     drug abuse prevention, early intervention and treatment
25     services.
26         (11) Fund, promote or assist programs, services,

 

 

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1     demonstrations or research dealing with addictive or
2     habituating behaviors detrimental to the health of
3     Illinois citizens.
4         (12) With monies appropriated from the Group Home Loan
5     Revolving Fund, make loans, directly or through
6     subcontract, to assist in underwriting the costs of housing
7     in which individuals recovering from alcohol or other drug
8     abuse or dependency may reside in groups of not less than 6
9     persons, pursuant to Section 50-40 of this Act.
10         (13) Promulgate such regulations as may be necessary
11     for the administration of grants or to otherwise carry out
12     the purposes and enforce the provisions of this Act.
13         (14) Fund programs to help parents be effective in
14     preventing substance abuse by building an awareness of
15     drugs and alcohol and the family's role in preventing abuse
16     through adjusting expectations, developing new skills, and
17     setting positive family goals. The programs shall include,
18     but not be limited to, the following subjects: healthy
19     family communication; establishing rules and limits; how
20     to reduce family conflict; how to build self-esteem,
21     competency, and responsibility in children; how to improve
22     motivation and achievement; effective discipline; problem
23     solving techniques; and how to talk about drugs and
24     alcohol. The programs shall be open to all parents.
25 (Source: P.A. 94-556, eff. 9-11-05; 95-331, eff. 8-21-07.)
 
26     Section 99. Effective date. This Act takes effect upon

 

 

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1 becoming law.