Full Text of SB3023 100th General Assembly
SB3023sam001 100TH GENERAL ASSEMBLY | Sen. Melinda Bush Filed: 4/20/2018
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| 1 | | AMENDMENT TO SENATE BILL 3023
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3023 by replacing | 3 | | everything after the enacting clause with the following:
| 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 |
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| 1 | | prevent arrest and conviction records that destabilize health, | 2 | | families, and opportunities for community citizenship and | 3 | | self-sufficiency. These efforts are bolstered when pursued in | 4 | | partnership with licensed behavioral health treatment | 5 | | providers and community members or organizations. It is the | 6 | | intent of the General Assembly to authorize law enforcement to | 7 | | develop and implement collaborative deflection programs in | 8 | | Illinois that offer immediate pathways to substance use | 9 | | treatment and other services as an alternative to traditional | 10 | | case processing and involvement in the criminal justice system. | 11 | | Section 10. Definitions. In this Act:
| 12 | | "Case management" means those services which will assist | 13 | | persons in gaining access to needed social, educational, | 14 | | medical, substance use and mental health treatment, and other | 15 | | services.
| 16 | | "Community member or organization" means an individual | 17 | | volunteer, resident, public office, or a not-for-profit | 18 | | organization, religious institution, charitable organization, | 19 | | or other public body committed to the improvement of individual | 20 | | and family mental and physical well-being and the overall | 21 | | social welfare of the community, and may include persons with | 22 | | lived experience in recovery from substance use disorder, | 23 | | either themselves or as family members.
| 24 | | "Deflection program" means a program in which a peace | 25 | | officer or member of a law enforcement agency facilitates |
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| 1 | | contact between an individual and a licensed substance use | 2 | | treatment provider or clinician for assessment and | 3 | | coordination of treatment planning. This facilitation includes | 4 | | defined criteria for eligibility and communication protocols | 5 | | agreed to by the law enforcement agency and the licensed | 6 | | treatment provider for the purpose of providing substance use | 7 | | treatment to those persons in lieu of arrest or further justice | 8 | | system involvement. Deflection programs may include, but are | 9 | | not limited to, the following types of responses: | 10 | | (1) a post-overdose deflection response initiated by a | 11 | | peace officer or law enforcement agency subsequent to | 12 | | emergency administration of medication to reverse an | 13 | | overdose, or in cases of severe substance use disorder with | 14 | | acute risk for overdose;
| 15 | | (2) a self-referral deflection response initiated by | 16 | | an individual by contacting a peace officer or law | 17 | | enforcement agency in the acknowledgement of their | 18 | | substance use or disorder;
| 19 | | (3) an active outreach deflection response initiated | 20 | | by a peace officer or law enforcement agency as a result of | 21 | | proactive identification of persons thought likely to have | 22 | | a substance use disorder;
| 23 | | (4) an officer prevention deflection response | 24 | | initiated by a peace officer or law enforcement agency in | 25 | | response to a community call when no criminal charges are | 26 | | present; and |
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| 1 | | (5) an officer intervention deflection response when | 2 | | criminal charges are present but held in abeyance pending | 3 | | engagement with treatment.
| 4 | | "Law enforcement agency" means a municipal police | 5 | | department or county sheriff's office of this State, the | 6 | | Department of State Police, or other law enforcement agency | 7 | | whose officers, by statute, are granted and authorized to | 8 | | exercise powers similar to those conferred upon any peace | 9 | | officer employed by a law enforcement agency of this State.
| 10 | | "Licensed treatment provider" means an organization | 11 | | licensed by the Department of Human Services to perform an | 12 | | activity or service, or a coordinated range of those activities | 13 | | or services, as the Department of Human Services may establish | 14 | | by rule, such as the broad range of emergency, outpatient, | 15 | | intensive outpatient, and residential services and care, | 16 | | including assessment, diagnosis, case management, medical, | 17 | | psychiatric, psychological and social services, | 18 | | medication-assisted treatment, care and counseling, and | 19 | | recovery support, which may be extended to persons to assess or | 20 | | treat substance use disorder or to families of those persons.
| 21 | | "Peace officer" means any peace officer or member of any | 22 | | duly organized State, county, or municipal peace officer unit, | 23 | | any police force of another State, or any police force whose | 24 | | members, by statute, are granted and authorized to exercise | 25 | | powers similar to those conferred upon any peace officer | 26 | | employed by a law enforcement agency of this State.
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| 1 | | "Substance use disorder" means a pattern of use of alcohol | 2 | | or other drugs leading to clinical or functional impairment, in | 3 | | accordance with the definition in the Diagnostic and | 4 | | Statistical Manual of Mental Disorders (DSM-5), or in any | 5 | | subsequent editions.
| 6 | | "Treatment" means the broad range of emergency, | 7 | | outpatient, intensive outpatient, and residential services and | 8 | | care (including assessment, diagnosis, case management, | 9 | | medical, psychiatric, psychological and social services, | 10 | | medication-assisted treatment, care and counseling, and | 11 | | recovery support) which may be extended to persons who have | 12 | | substance use disorders, persons with mental illness, or | 13 | | families of those persons.
| 14 | | Section 15. Authorization.
| 15 | | (a) Any law enforcement agency may establish a deflection | 16 | | program subject to the provisions of this Act in partnership | 17 | | with one or more licensed providers of substance use disorder | 18 | | treatment services and one or more community members or | 19 | | organizations.
| 20 | | (b) The deflection program may involve a post-overdose | 21 | | deflection response, a self-referral deflection response, an | 22 | | active outreach deflection response, an officer prevention | 23 | | deflection response, or an officer intervention deflection | 24 | | response, or any combination of those.
| 25 | | (c) Nothing shall preclude the General Assembly from adding |
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| 1 | | other responses to a deflection program, or preclude a law | 2 | | enforcement agency from developing a deflection program | 3 | | response based on a model unique and responsive to local | 4 | | issues, substance use or mental health needs, and partnerships, | 5 | | using sound and promising or evidence-based practices.
| 6 | | (c-5) Whenever appropriate and available, case management | 7 | | should be provided by a licensed treatment provider, and may be | 8 | | provided through peer recovery support approaches. Deflection | 9 | | program partners may identify other case management resources | 10 | | that meet the definition of case management if a licensed | 11 | | treatment provider or peer recovery support is not appropriate | 12 | | or available. | 13 | | (d) To receive funding for activities as described in | 14 | | Section 35 of this Act, planning for the deflection program | 15 | | shall include:
| 16 | | (1) the involvement of one or more licensed treatment | 17 | | programs and one or more community member or organization; | 18 | | and
| 19 | | (2) an agreement with the Illinois Criminal Justice | 20 | | Information Authority to collect and evaluate relevant | 21 | | statistical data related to the program, as established by | 22 | | the Illinois Criminal Justice Information Authority in | 23 | | paragraph (2) of Section 25 of this Act.
| 24 | | Section 20. Procedure. The law enforcement agency, | 25 | | licensed treatment providers, and community members or |
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| 1 | | organizations shall establish a local deflection program plan | 2 | | that includes protocols and procedures for participant | 3 | | identification, screening or assessment, treatment | 4 | | facilitation, reporting, and ongoing involvement of the law | 5 | | enforcement agency. Licensed substance use disorder treatment | 6 | | organizations shall adhere to 42 CFR Part 2 regarding | 7 | | confidentiality regulations for information exchange or | 8 | | release. Substance use disorder treatment services shall | 9 | | adhere to all regulations specified in Department of Human | 10 | | Services Administrative Rules, Parts 2060 and 2090. | 11 | | Section 25. Reporting and evaluation. | 12 | | The Illinois Criminal Justice Information Authority, in | 13 | | conjunction with an association representing police chiefs and | 14 | | the Department of Human Services' Division of Alcoholism and | 15 | | Substance Abuse, shall within 6 months of the effective date of | 16 | | this Act: | 17 | | (1) develop a set of minimum data to be collected from | 18 | | each deflection program and reported annually, beginning | 19 | | one year after the effective date of this Act, by the | 20 | | Illinois Criminal Justice Information Authority, | 21 | | including, but not limited to, demographic information on | 22 | | program participants, number of law enforcement encounters | 23 | | that result in a treatment referral, and time from law | 24 | | enforcement encounter to treatment engagement; | 25 | | (2) develop a performance measurement system, |
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| 1 | | including key performance indicators for deflection | 2 | | programs including, but not limited to, rate of treatment | 3 | | engagement at 30 days from the point of initial contact. | 4 | | Each program that receives funding for services under | 5 | | Section 35 of this Act shall include the performance | 6 | | measurement system in its local plan and report data | 7 | | quarterly to the Illinois Criminal Justice Information | 8 | | Authority for the purpose of evaluation of deflection | 9 | | programs in aggregate; and
| 10 | | (3) make all statistical data relative to deflection | 11 | | programs available to the Department of Human Services, | 12 | | Division of Alcoholism and Substance Abuse for inclusion in | 13 | | planning efforts for services to persons with criminal | 14 | | justice or law enforcement involvement. | 15 | | Section 30. Exemption from civil liability. The law | 16 | | enforcement agency or peace officer acting in good faith shall | 17 | | not, as the result of acts or omissions in providing services | 18 | | under Section 15 of this Act be liable for civil damages, | 19 | | unless the acts or omissions constitute willful and wanton | 20 | | misconduct.
| 21 | | Section 35. Funding.
| 22 | | (a) The General Assembly may appropriate funds to the | 23 | | Illinois Criminal Justice Information Authority for the | 24 | | purpose of reimbursing law enforcement agencies for services |
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| 1 | | provided by deflection program partners as part of deflection | 2 | | programs subject to subsection (d) of Section 15 of this Act.
| 3 | | (b) The Illinois Criminal Justice Information Authority | 4 | | may adopt guidelines and requirements to direct the | 5 | | distribution of funds for reimbursable expenses related to | 6 | | deflection programs. Activities eligible for reimbursement | 7 | | under this Act may include, but are not limited to, the | 8 | | following:
| 9 | | (1) activities related to program administration, | 10 | | coordination, or management, including, but not limited | 11 | | to, the development of collaborative partnerships with | 12 | | licensed treatment providers and community members or | 13 | | organizations; collection of program data; or monitoring | 14 | | of compliance with a local deflection program plan;
| 15 | | (2) case management including case management provided | 16 | | prior to assessment, diagnosis, and engagement in | 17 | | treatment, as well as assistance navigating and gaining | 18 | | access to various treatment modalities and support | 19 | | services;
| 20 | | (3) peer recovery or recovery support services that | 21 | | include the perspectives of persons with the experience of | 22 | | recovering from a substance use disorder, either | 23 | | themselves or as family members;
| 24 | | (4) transportation to a licensed treatment provider or | 25 | | other program partner location; | 26 | | (5) program evaluation activities. |
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| 1 | | (c) Specific linkage agreements with recovery support | 2 | | services or self-help entities may be a requirement of the | 3 | | program services protocols. All deflection programs shall | 4 | | encourage the involvement of key family members and significant | 5 | | others as a part of a family-based approach to treatment. All | 6 | | deflection programs are encouraged to use evidence-based | 7 | | practices and outcome measures in the provision of substance | 8 | | use disorder treatment and medication assisted treatment for | 9 | | persons with opioid use disorders.".
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