HB3806ham001 100TH GENERAL ASSEMBLY

Rep. Linda Chapa LaVia

Filed: 3/24/2017

10000HB3806ham001 LRB100 05230 KTG 24341 a

AMENDMENT TO HOUSE BILL 3806

AMENDMENT NO. ______. Amend House Bill 3806 by replacing everything after the enacting clause with the following:

"Section 5. The Alcoholism and Other Drug Abuse and Dependency Act is amended by adding Section 10-65 as follows:

(20 ILCS 301/10-65 new)

Sec. 10-65. DUI Service Provider Effectiveness Program Exploratory Committee.

(a) As used in this Section:

"Client" means a person who receives DUI treatment or intervention services from a DUI service provider.

"Court" means a court of law, traffic tribunal, or circuit court of Illinois, including a judge of a court of law, traffic tribunal, or circuit court of Illinois.

"DUI" means a conviction under Section 11-501 of the Illinois Vehicle Code.

"DUI service provider" means a provider that provides DUI evaluation and risk education services and programs to DUI offenders, including, but not limited to, court-ordered DUI evaluation, intervention, or treatment services and that:

(1) possesses a treatment license as provided in 77 Ill. Adm. Code 2060.201; or

(2) possesses an intervention license as provided in 77 Ill. Adm. Code 2060.201 and provides DUI Risk Education or Recovery Home Services as defined in 77 Ill. Adm. Code 2060.201.

(b) The DUI Service Provider Effectiveness Program Exploratory Committee is established to create an audit and evaluation process that permits the evaluation of treatment and intervention outcomes of DUI service providers licensed in the State so that persons interested in DUI treatment or intervention services can make informed decisions concerning provider selection and courts can better determine which DUI service providers to keep on their approved-provider lists. Information obtained through the audit and evaluation process shall be made accessible to persons interested in DUI treatment or intervention services, including DUI service providers, courts, and the public, through a central publication as provided in subsection (j).

(c) The Committee shall consist of the following members:

(1) One State's Attorney appointed by the President of the Illinois State's Attorneys Association.

(2) At least one but no more than 3 traffic judges appointed by the Chief Justice of the Illinois Supreme Court.

(3) At least one but no more than 3 local law enforcement officers appointed by the Governor.

(4) One physician licensed to practice medicine in all its branches appointed by the Governor with due regard for the appointee's knowledge in the field of alcoholism and other drug abuse and dependency.

(5) One representative of a trade or professional organization that advocates on behalf of DUI service providers.

(6) One representative of a trade or professional organization that advocates on behalf of physicians trained in psychiatry.

(7) One representative of an organization that advocates on behalf of persons who suffer with mental illness and substance abuse disorders and who live in rural areas or medically underserved areas.

(8) At least 2 but no more than 6 members of the Illinois House of Representatives, half of whom shall be appointed by the Speaker of the House and half of whom shall be appointed by the House Minority Leader.

(9) At least 2 but no more than 6 members of the Illinois Senate, half of whom shall be appointed by the Senate President and half of whom shall be appointed by the Senate Minority Leader.

(10) The President of the Illinois Alcoholism and Drug Dependence Association or his or her designee.

(11) The President of the Community Behavioral Healthcare Association of Illinois or his or her designee.

(12) Twenty public members appointed as follows:

(A) 8 by the Governor, 2 of whom shall be representatives of alcoholism or other drug abuse and dependency treatment or intervention programs and 2 of whom shall be researchers with experience in outcome analysis and research studies as defined in paragraph (1) of subsection (j); and

(B) 3 each by the President of the Senate, the Minority Leader of the Senate, the Speaker of the House of Representatives, and the Minority Leader of the House of Representatives.

(13) The Director, Secretary, or other chief administrative officer, ex officio, or his or her designee, of each of the following: the Department of Public Health and the Administrative Office of the Illinois Courts.

(14) The Assistant Director of the Division of Probation Services within the Administrative Office of the Illinois Courts, ex officio, or his or her designee.

(15) The Chair of the Criminal Justice Information Authority or other chief administrative officer, ex officio.

(16) The Secretary of State, ex officio, or his or her designee.

(17) At least one but no more than 3 persons who have received DUI intervention or treatment services from DUI service providers, with a preference toward those persons who have committed more than one violation of Section 11-501 of the Illinois Vehicle Code subsequent to receiving treatment or intervention services from multiple DUI service providers.

(d) The Chief Justice of the Illinois Supreme Court shall select, from among one of his or her appointments made under paragraph (2) of subsection (c), a traffic judge to be the Chairperson of the Committee. The Chairperson shall schedule meetings, take attendance, and perform other tasks as deemed necessary to perform the functions of the Committee.

(e) All initial appointments under this Section shall be made at least 60 days but no later than 90 days after the effective date of this amendatory Act of the 100th General Assembly. Vacancies on the Committee shall be filled by individuals possessing the same membership requirements as the original appointee whom the replacement is taking the place of. The Committee shall meet quarterly and at such other times as the Chairperson determines necessary for the Committee to perform its functions under the Act. However, the Committee's initial meeting shall take place at least 45 days but no later than 60 days after the date upon which all appointments under subsection (c) are made.

(f) A quorum of the members of the Committee must be present to convene an official meeting and shall consist of one-third of the then appointed members. However, if a member has made it know that he or she will be in attendance at a scheduled meeting but has not arrived at the meeting at the appointed time, the Chairperson may wait for that absent member to arrive before having the Committee conduct official business. Members shall service on the Committee without compensation.

(g) The Committee shall have voting members and non-voting members. The voting rights of each member shall be based upon the number of meetings the member attends. The Chairperson shall determine the requisite number of meetings members must attend to be awarded voting rights at the initial meeting and that number shall not be changed except upon a three-fifths vote of the Committee at any time, regardless of whether they have voting rights or not. However, an absent member may designate a substitute member who is not on the Committee and who meets the same criteria as the absent member to attend a meeting on the absent member's behalf. An absent member who appoints a substitute to attend a meeting on the absent member's behalf shall be credited the attendance time of that substitute member and such time shall be counted toward the absent member's participation quota when considering if the absent member attended the requisite number of meetings to be awarded voting rights. Only one substitute member per absent member may be appointed for each meeting. Members may be permitted to attend a meeting by means other than physical presence, including by means of a live video broadcast transmitted across the Internet, a call-in, or any other means that permits at least an audio connection between the Committee and the member who is unable to be physically present at the meeting.

(h) The Committee shall submit a report concerning its findings and recommendations to the General Assembly and the Department of Human Services for the purposes of facilitating the assembly of the central publication and proposing legislation and rules on when publication will be first published no later than 15 months after the date upon which the Committee convenes its initial meeting.

(i) The Department of Human Services shall provide administrative support and staff to the Committee.

(j) The Committee shall prepare and publish in a central publication the following information obtained through the audit and evaluation process established by the Committee and conducted on each DUI service provider, but not before performing the following tasks:

(1) In determining how best to measure recidivism rates at the State, county, and provider or therapist level, the Committee must specify a process and statistical method of outcome analysis and research that targets DUI recidivism as a measure of the treatment or intervention effectiveness of each DUI service provider. As used in this paragraph, "outcome analysis and research" means studies of the end results of the structure and processes of the health care system on the health and well-being of patients and populations which may involve, but are not limited to, health service research that (i) focuses on identifying variations in medical procedures and associated health outcomes and (ii) evaluates the quality of care, safety, access, effectiveness, equity, efficiency, timeliness, system responsiveness, and patient-centeredness of those services.

(2) In evaluating and determining which outcome analysis to use, the Committee must examine, but does not have to adopt, survival analysis studies. As used in this paragraph, "survival analysis studies" means studies that measure the time between the application or termination of DUI treatment or intervention services and a specified outcome. Such survival analysis studies to be examined but not necessarily adopted shall include, but shall not be limited to, the overall rate at which persons who have completed a program of DUI treatment or intervention services commit one or more subsequent violations of Section 11-501 of the Illinois Vehicle Code within a certain period of time following completion of the program of DUI treatment or intervention services.

(3) The Committee shall explore how often the analyses under paragraphs (1) and (2) should be developed, conducted, managed, and maintained and how the information obtained from those analyses should be presented to the public through the central publication so that the results of the outcome studies can be reviewed by courts, DUI service providers, and any persons interested in DUI treatment or intervention services. The Committee shall also determine how often such analyses shall be developed, conducted, managed, and maintained, as well as how often information needed to create such analyses shall be collected.

(4) The Committee shall identify and formulate an auditing process to collect the necessary information needed to conduct the analyses under paragraphs (1) and (2) and to confirm the information collected, all of which shall be contained within the central publication consistent with the investigatory and auditing authority of the Department under 77 Ill. Adm. Code 2060.335.

(5) The Committee shall be responsible for deciding the scope of information to include in the central publication with respect to resources a DUI service provider has available for clients and the various issues clients face regarding access to care, including, but not limited to:

(A) the availability of psychiatrists or medical practitioners;

(B) costs charged for providing services;

(C) the level of difficulty individuals have with gaining access to facilities and the reasons thereof;

(D) transportation issues or costs;

(E) multilingual capabilities or barriers to communicating and effectively teaching those who speak a different language; and

(F) access to care for those who are persons with an intellectual or physical disability or persons who require additional accommodations.

The Committee shall also develop an auditing and evaluation process for the Department to verify the information provided under this paragraph (5).

(6) The Committee shall develop a standardized method or process by which a court may consult and collaborate with a DUI service provider whose program of DUI treatment or intervention services fails to meet or adequately address the needs of clients residing within the court's judicial circuit because of a lack of resources or program deficiencies. The method or process shall encourage, but not require, a court to:

(A) notify a DUI service provider of the court's intention to remove the provider from the court's approved-provider list;

(B) specify and discuss those client needs that the DUI services provider has failed to meet or adequately address through its program of treatment or intervention services; and

(C) assist the DUI service provider in remedying program deficiencies.

The standardized method or process may also provide protocols on a corrective plan of action a DUI service provider may take to address the particular client needs or program deficiencies noted by a court during a collaborative consultation, including protocols on: (i) a specific timeline for implementing corrective actions or objectives and (ii) the establishment of evaluation measures to measure such progress. The standardized method or process shall also be accessible to a court that wants to remedy an isolated issue or program deficiency that does not necessitate removing a DUI service provider from the court's approved-provider list. Nothing in this paragraph shall be construed to interfere with a court's discretion as to which DUI service providers to place, retain, or remove from the court's approved-provider list or with any court policies or procedures concerning attraction, retention, or removal of a DUI service provider from a court's approved-provider list.

(7) The Committee shall develop a standard treatment review survey to be administered by the courts and completed by all individuals who complete a professional evaluation and treatment for an alcohol, drug, or intoxicating compound abuse problem as provided under Section 11-501.01 of the Illinois Vehicle Code. The Committee shall determine what questions and subjects will appear in the survey. The Committee shall also determine how best the Department will collect, analyze, interpret, calculate, and summarize for publication in the central publication the aggregate information obtained from the treatment review surveys in order to help courts decide which DUI service providers to retain or remove from their approved-provider lists. Any analysis of the aggregate information obtained from the treatment review surveys shall include calculations of: (i) the average response score and the standard deviation for each questioned item and (ii) the median and mode response values for each questioned item.

Information collected and published in the central publication shall be made accessible to interested persons through a subscriber-based online repository to be established and maintained by the Department. Participating DUI service providers and courts that are interested in accessing the central publication contained in the online repository may be charged a small fee that is no greater than needed to cover administrative costs.

Each DUI service provider shall contribute to the contents of the central publication by providing a description of the types of educational, prevention, intervention, treatment, relapse, and other services and activities offered by the provider to alleviate alcoholism and other drug abuse and dependency. The Department may also audit the DUI Service Providers information in the same manner as determined under paragraph (4).

To facilitate more targeted recruitment of effective DUI service providers, a court may submit for publication in the central publication information that identifies the specific problems, priorities, and needs of persons residing in the court's judicial circuit that concern DUI treatment or intervention services, including the needs of residents who are racial or language minorities or who are from other specific populations. The Committee shall create a process to facilitate courts in submitting such information for publication.

Any additional administrative costs incurred from the maintenance of the central publication or the subscriber-based online repository or from the collection of data shall come from a portion of the funds received by each judicial circuit from court costs charged to persons who violate Section 11-501 of the Illinois Vehicle Code.

The Committee shall dissolve upon submitting its report to the General Assembly and the Department of Human Services as provided in subsection (h). Upon the dissolution of the Committee, the Department may modify, add, or remove information collected and published within the central publication as well as modify the auditing and evaluation measures used in analyzing such information for the central publication.

Section 10. The Illinois Vehicle Code is amended by changing Section 11-501.01 as follows:

(625 ILCS 5/11-501.01)

Sec. 11-501.01. Additional administrative sanctions.

(a) After a finding of guilt and prior to any final sentencing or an order for supervision, for an offense based upon an arrest for a violation of Section 11-501 or a similar provision of a local ordinance, individuals shall be required to undergo a professional evaluation to determine if an alcohol, drug, or intoxicating compound abuse problem exists and the extent of the problem, and undergo the imposition of treatment as appropriate. Programs conducting these evaluations shall be licensed by the Department of Human Services. The cost of any professional evaluation shall be paid for by the individual required to undergo the professional evaluation. Upon completing a professional evaluation and any subsequent treatment as required under this subsection, all individuals shall complete a treatment review survey. All information provided in the treatment review survey by an individual as required under this subsection shall be confidential in accordance with the Confidentiality of Alcohol and Drug Abuse Patient Records regulations (42 CFR 2 (1987)) of the Alcohol, Drug Abuse, and Mental Health Administration of the Public Health Service of the United States Department of Health and Human Services, Article 30 of the Alcoholism and Other Drug Abuse and Dependency Act, and the rules set forth under 77 Ill. Adm. Code 2060.319.

(b) Any person who is found guilty of or pleads guilty to violating Section 11-501, including any person receiving a disposition of court supervision for violating that Section, may be required by the Court to attend a victim impact panel offered by, or under contract with, a county State's Attorney's office, a probation and court services department, Mothers Against Drunk Driving, or the Alliance Against Intoxicated Motorists. All costs generated by the victim impact panel shall be paid from fees collected from the offender or as may be determined by the court.

(c) Every person found guilty of violating Section 11-501, whose operation of a motor vehicle while in violation of that Section proximately caused any incident resulting in an appropriate emergency response, shall be liable for the expense of an emergency response as provided in subsection (i) of this Section.

(d) The Secretary of State shall revoke the driving privileges of any person convicted under Section 11-501 or a similar provision of a local ordinance.

(e) The Secretary of State shall require the use of ignition interlock devices for a period not less than 5 years on all vehicles owned by a person who has been convicted of a second or subsequent offense of Section 11-501 or a similar provision of a local ordinance. The person must pay to the Secretary of State DUI Administration Fund an amount not to exceed $30 for each month that he or she uses the device. The Secretary shall establish by rule and regulation the procedures for certification and use of the interlock system, the amount of the fee, and the procedures, terms, and conditions relating to these fees. During the time period in which a person is required to install an ignition interlock device under this subsection (e), that person shall only operate vehicles in which ignition interlock devices have been installed, except as allowed by subdivision (c)(5) or (d)(5) of Section 6-205 of this Code.

(f) In addition to any other penalties and liabilities, a person who is found guilty of or pleads guilty to violating Section 11-501, including any person placed on court supervision for violating Section 11-501, shall be assessed $750, payable to the circuit clerk, who shall distribute the money as follows: $350 to the law enforcement agency that made the arrest, and $400 shall be forwarded to the State Treasurer for deposit into the General Revenue Fund. If the person has been previously convicted of violating Section 11-501 or a similar provision of a local ordinance, the fine shall be $1,000, and the circuit clerk shall distribute $200 to the law enforcement agency that made the arrest and $800 to the State Treasurer for deposit into the General Revenue Fund. In the event that more than one agency is responsible for the arrest, the amount payable to law enforcement agencies shall be shared equally. Any moneys received by a law enforcement agency under this subsection (f) shall be used for enforcement and prevention of driving while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds or any combination thereof, as defined by Section 11-501 of this Code, including but not limited to the purchase of law enforcement equipment and commodities that will assist in the prevention of alcohol related criminal violence throughout the State; police officer training and education in areas related to alcohol related crime, including but not limited to DUI training; and police officer salaries, including but not limited to salaries for hire back funding for safety checkpoints, saturation patrols, and liquor store sting operations. Any moneys received by the Department of State Police under this subsection (f) shall be deposited into the State Police DUI Fund and shall be used to purchase law enforcement equipment that will assist in the prevention of alcohol related criminal violence throughout the State.

(g) The Secretary of State Police DUI Fund is created as a special fund in the State treasury. All moneys received by the Secretary of State Police under subsection (f) of this Section shall be deposited into the Secretary of State Police DUI Fund and, subject to appropriation, shall be used for enforcement and prevention of driving while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds or any combination thereof, as defined by Section 11-501 of this Code, including but not limited to the purchase of law enforcement equipment and commodities to assist in the prevention of alcohol related criminal violence throughout the State; police officer training and education in areas related to alcohol related crime, including but not limited to DUI training; and police officer salaries, including but not limited to salaries for hire back funding for safety checkpoints, saturation patrols, and liquor store sting operations.

(h) Whenever an individual is sentenced for an offense based upon an arrest for a violation of Section 11-501 or a similar provision of a local ordinance, and the professional evaluation recommends remedial or rehabilitative treatment or education, neither the treatment nor the education shall be the sole disposition and either or both may be imposed only in conjunction with another disposition. The court shall monitor compliance with any remedial education or treatment recommendations contained in the professional evaluation. Programs conducting alcohol or other drug evaluation or remedial education must be licensed by the Department of Human Services. If the individual is not a resident of Illinois, however, the court may accept an alcohol or other drug evaluation or remedial education program in the individual's state of residence. Programs providing treatment must be licensed under existing applicable alcoholism and drug treatment licensure standards.

(i) In addition to any other fine or penalty required by law, an individual convicted of a violation of Section 11-501, Section 5-7 of the Snowmobile Registration and Safety Act, Section 5-16 of the Boat Registration and Safety Act, or a similar provision, whose operation of a motor vehicle, snowmobile, or watercraft while in violation of Section 11-501, Section 5-7 of the Snowmobile Registration and Safety Act, Section 5-16 of the Boat Registration and Safety Act, or a similar provision proximately caused an incident resulting in an appropriate emergency response, shall be required to make restitution to a public agency for the costs of that emergency response. The restitution may not exceed $1,000 per public agency for each emergency response. As used in this subsection (i), "emergency response" means any incident requiring a response by a police officer, a firefighter carried on the rolls of a regularly constituted fire department, or an ambulance. With respect to funds designated for the Department of State Police, the moneys shall be remitted by the circuit court clerk to the State Police within one month after receipt for deposit into the State Police DUI Fund. With respect to funds designated for the Department of Natural Resources, the Department of Natural Resources shall deposit the moneys into the Conservation Police Operations Assistance Fund.

(j) A person that is subject to a chemical test or tests of blood under subsection (a) of Section 11-501.1 or subdivision (c)(2) of Section 11-501.2 of this Code, whether or not that person consents to testing, shall be liable for the expense up to $500 for blood withdrawal by a physician authorized to practice medicine, a licensed physician assistant, a licensed advanced practice nurse, a registered nurse, a trained phlebotomist, a licensed paramedic, or a qualified person other than a police officer approved by the Department of State Police to withdraw blood, who responds, whether at a law enforcement facility or a health care facility, to a police department request for the drawing of blood based upon refusal of the person to submit to a lawfully requested breath test or probable cause exists to believe the test would disclose the ingestion, consumption, or use of drugs or intoxicating compounds if:

(1) the person is found guilty of violating Section 11-501 of this Code or a similar provision of a local ordinance; or

(2) the person pleads guilty to or stipulates to facts supporting a violation of Section 11-503 of this Code or a similar provision of a local ordinance when the plea or stipulation was the result of a plea agreement in which the person was originally charged with violating Section 11-501 of this Code or a similar local ordinance.

(Source: P.A. 98-292, eff. 1-1-14; 98-463, eff. 8-16-13; 98-973, eff. 8-15-14; 99-289, eff. 8-6-15; 99-296, eff. 1-1-16; 99-642, eff. 7-28-16.)

Section 99. Effective date. This Act takes effect upon becoming law.".