Full Text of SB3023 100th General Assembly
SB3023enr 100TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning substance use disorder treatment.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 1. Short title. This Act may be cited as the | 5 | | Community-Law Enforcement Partnership for Deflection and | 6 | | Substance Use Disorder Treatment Act. | 7 | | Section 5. Purposes. The General Assembly hereby | 8 | | acknowledges that opioid use disorders, overdoses, and deaths | 9 | | in Illinois are persistent and growing concerns for Illinois | 10 | | communities. These concerns compound existing challenges to | 11 | | adequately address and manage substance use and mental health | 12 | | disorders. Law enforcement officers have a unique opportunity | 13 | | to facilitate connections to community-based behavioral health | 14 | | interventions that provide substance use treatment and can help | 15 | | save and restore lives; help reduce drug use, overdose | 16 | | incidence, criminal offending, and recidivism; and help | 17 | | prevent arrest and conviction records that destabilize health, | 18 | | families, and opportunities for community citizenship and | 19 | | self-sufficiency. These efforts are bolstered when pursued in | 20 | | partnership with licensed behavioral health treatment | 21 | | providers and community members or organizations. It is the | 22 | | intent of the General Assembly to authorize law enforcement to | 23 | | develop and implement collaborative deflection programs in |
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| 1 | | Illinois that offer immediate pathways to substance use | 2 | | treatment and other services as an alternative to traditional | 3 | | case processing and involvement in the criminal justice system. | 4 | | Section 10. Definitions. In this Act:
| 5 | | "Case management" means those services which will assist | 6 | | persons in gaining access to needed social, educational, | 7 | | medical, substance use and mental health treatment, and other | 8 | | services.
| 9 | | "Community member or organization" means an individual | 10 | | volunteer, resident, public office, or a not-for-profit | 11 | | organization, religious institution, charitable organization, | 12 | | or other public body committed to the improvement of individual | 13 | | and family mental and physical well-being and the overall | 14 | | social welfare of the community, and may include persons with | 15 | | lived experience in recovery from substance use disorder, | 16 | | either themselves or as family members.
| 17 | | "Deflection program" means a program in which a peace | 18 | | officer or member of a law enforcement agency facilitates | 19 | | contact between an individual and a licensed substance use | 20 | | treatment provider or clinician for assessment and | 21 | | coordination of treatment planning. This facilitation includes | 22 | | defined criteria for eligibility and communication protocols | 23 | | agreed to by the law enforcement agency and the licensed | 24 | | treatment provider for the purpose of providing substance use | 25 | | treatment to those persons in lieu of arrest or further justice |
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| 1 | | system involvement. Deflection programs may include, but are | 2 | | not limited to, the following types of responses: | 3 | | (1) a post-overdose deflection response initiated by a | 4 | | peace officer or law enforcement agency subsequent to | 5 | | emergency administration of medication to reverse an | 6 | | overdose, or in cases of severe substance use disorder with | 7 | | acute risk for overdose;
| 8 | | (2) a self-referral deflection response initiated by | 9 | | an individual by contacting a peace officer or law | 10 | | enforcement agency in the acknowledgment of their | 11 | | substance use or disorder;
| 12 | | (3) an active outreach deflection response initiated | 13 | | by a peace officer or law enforcement agency as a result of | 14 | | proactive identification of persons thought likely to have | 15 | | a substance use disorder;
| 16 | | (4) an officer prevention deflection response | 17 | | initiated by a peace officer or law enforcement agency in | 18 | | response to a community call when no criminal charges are | 19 | | present; and | 20 | | (5) an officer intervention deflection response when | 21 | | criminal charges are present but held in abeyance pending | 22 | | engagement with treatment.
| 23 | | "Law enforcement agency" means a municipal police | 24 | | department or county sheriff's office of this State, the | 25 | | Department of State Police, or other law enforcement agency | 26 | | whose officers, by statute, are granted and authorized to |
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| 1 | | exercise powers similar to those conferred upon any peace | 2 | | officer employed by a law enforcement agency of this State.
| 3 | | "Licensed treatment provider" means an organization | 4 | | licensed by the Department of Human Services to perform an | 5 | | activity or service, or a coordinated range of those activities | 6 | | or services, as the Department of Human Services may establish | 7 | | by rule, such as the broad range of emergency, outpatient, | 8 | | intensive outpatient, and residential services and care, | 9 | | including assessment, diagnosis, case management, medical, | 10 | | psychiatric, psychological and social services, | 11 | | medication-assisted treatment, care and counseling, and | 12 | | recovery support, which may be extended to persons to assess or | 13 | | treat substance use disorder or to families of those persons.
| 14 | | "Peace officer" means any peace officer or member of any | 15 | | duly organized State, county, or municipal peace officer unit, | 16 | | any police force of another State, or any police force whose | 17 | | members, by statute, are granted and authorized to exercise | 18 | | powers similar to those conferred upon any peace officer | 19 | | employed by a law enforcement agency of this State.
| 20 | | "Substance use disorder" means a pattern of use of alcohol | 21 | | or other drugs leading to clinical or functional impairment, in | 22 | | accordance with the definition in the Diagnostic and | 23 | | Statistical Manual of Mental Disorders (DSM-5), or in any | 24 | | subsequent editions.
| 25 | | "Treatment" means the broad range of emergency, | 26 | | outpatient, intensive outpatient, and residential services and |
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| 1 | | care (including assessment, diagnosis, case management, | 2 | | medical, psychiatric, psychological and social services, | 3 | | medication-assisted treatment, care and counseling, and | 4 | | recovery support) which may be extended to persons who have | 5 | | substance use disorders, persons with mental illness, or | 6 | | families of those persons.
| 7 | | Section 15. Authorization.
| 8 | | (a) Any law enforcement agency may establish a deflection | 9 | | program subject to the provisions of this Act in partnership | 10 | | with one or more licensed providers of substance use disorder | 11 | | treatment services and one or more community members or | 12 | | organizations.
| 13 | | (b) The deflection program may involve a post-overdose | 14 | | deflection response, a self-referral deflection response, an | 15 | | active outreach deflection response, an officer prevention | 16 | | deflection response, or an officer intervention deflection | 17 | | response, or any combination of those.
| 18 | | (c) Nothing shall preclude the General Assembly from adding | 19 | | other responses to a deflection program, or preclude a law | 20 | | enforcement agency from developing a deflection program | 21 | | response based on a model unique and responsive to local | 22 | | issues, substance use or mental health needs, and partnerships, | 23 | | using sound and promising or evidence-based practices.
| 24 | | (c-5) Whenever appropriate and available, case management | 25 | | should be provided by a licensed treatment provider or other |
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| 1 | | appropriate provider and may include peer recovery support | 2 | | approaches. | 3 | | (d) To receive funding for activities as described in | 4 | | Section 35 of this Act, planning for the deflection program | 5 | | shall include:
| 6 | | (1) the involvement of one or more licensed treatment | 7 | | programs and one or more community member or organization; | 8 | | and
| 9 | | (2) an agreement with the Illinois Criminal Justice | 10 | | Information Authority to collect and evaluate relevant | 11 | | statistical data related to the program, as established by | 12 | | the Illinois Criminal Justice Information Authority in | 13 | | paragraph (2) of subsection (a) of Section 25 of this Act.
| 14 | | Section 20. Procedure. The law enforcement agency, | 15 | | licensed treatment providers, and community members or | 16 | | organizations shall establish a local deflection program plan | 17 | | that includes protocols and procedures for participant | 18 | | identification, screening or assessment, treatment | 19 | | facilitation, reporting, and ongoing involvement of the law | 20 | | enforcement agency. Licensed substance use disorder treatment | 21 | | organizations shall adhere to 42 CFR Part 2 regarding | 22 | | confidentiality regulations for information exchange or | 23 | | release. Substance use disorder treatment services shall | 24 | | adhere to all regulations specified in Department of Human | 25 | | Services Administrative Rules, Parts 2060 and 2090. |
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| 1 | | Section 25. Reporting and evaluation. | 2 | | (a) The Illinois Criminal Justice Information Authority, | 3 | | in conjunction with an association representing police chiefs | 4 | | and the Department of Human Services' Division of Substance Use | 5 | | Prevention and Recovery, shall within 6 months of the effective | 6 | | date of this Act: | 7 | | (1) develop a set of minimum data to be collected from | 8 | | each deflection program and reported annually, beginning | 9 | | one year after the effective date of this Act, by the | 10 | | Illinois Criminal Justice Information Authority, | 11 | | including, but not limited to, demographic information on | 12 | | program participants, number of law enforcement encounters | 13 | | that result in a treatment referral, and time from law | 14 | | enforcement encounter to treatment engagement; and | 15 | | (2) develop a performance measurement system, | 16 | | including key performance indicators for deflection | 17 | | programs including, but not limited to, rate of treatment | 18 | | engagement at 30 days from the point of initial contact. | 19 | | Each program that receives funding for services under | 20 | | Section 35 of this Act shall include the performance | 21 | | measurement system in its local plan and report data | 22 | | quarterly to the Illinois Criminal Justice Information | 23 | | Authority for the purpose of evaluation of deflection | 24 | | programs in aggregate.
| 25 | | (b) The Illinois Criminal Justice Information Authority |
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| 1 | | shall make statistical data collected under subsection (a) of | 2 | | this Section available to the Department of Human Services, | 3 | | Division of Substance Use Prevention and Recovery for inclusion | 4 | | in planning efforts for services to persons with criminal | 5 | | justice or law enforcement involvement. | 6 | | Section 30. Exemption from civil liability. The law | 7 | | enforcement agency or peace officer acting in good faith shall | 8 | | not, as the result of acts or omissions in providing services | 9 | | under Section 15 of this Act, be liable for civil damages, | 10 | | unless the acts or omissions constitute willful and wanton | 11 | | misconduct.
| 12 | | Section 35. Funding.
| 13 | | (a) The General Assembly may appropriate funds to the | 14 | | Illinois Criminal Justice Information Authority for the | 15 | | purpose of funding law enforcement agencies for services | 16 | | provided by deflection program partners as part of deflection | 17 | | programs subject to subsection (d) of Section 15 of this Act.
| 18 | | (b) The Illinois Criminal Justice Information Authority | 19 | | may adopt guidelines and requirements to direct the | 20 | | distribution of funds for expenses related to deflection | 21 | | programs. Funding shall be made available to support both new | 22 | | and existing deflection programs in a broad spectrum of | 23 | | geographic regions in this State, including urban, suburban, | 24 | | and rural communities. Activities eligible for funding under |
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| 1 | | this Act may include, but are not limited to, the following:
| 2 | | (1) activities related to program administration, | 3 | | coordination, or management, including, but not limited | 4 | | to, the development of collaborative partnerships with | 5 | | licensed treatment providers and community members or | 6 | | organizations; collection of program data; or monitoring | 7 | | of compliance with a local deflection program plan;
| 8 | | (2) case management including case management provided | 9 | | prior to assessment, diagnosis, and engagement in | 10 | | treatment, as well as assistance navigating and gaining | 11 | | access to various treatment modalities and support | 12 | | services;
| 13 | | (3) peer recovery or recovery support services that | 14 | | include the perspectives of persons with the experience of | 15 | | recovering from a substance use disorder, either | 16 | | themselves or as family members;
| 17 | | (4) transportation to a licensed treatment provider or | 18 | | other program partner location; | 19 | | (5) program evaluation activities. | 20 | | (c) Specific linkage agreements with recovery support | 21 | | services or self-help entities may be a requirement of the | 22 | | program services protocols. All deflection programs shall | 23 | | encourage the involvement of key family members and significant | 24 | | others as a part of a family-based approach to treatment. All | 25 | | deflection programs are encouraged to use evidence-based | 26 | | practices and outcome measures in the provision of substance |
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| 1 | | use disorder treatment and medication assisted treatment for | 2 | | persons with opioid use disorders.
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