Illinois General Assembly - Full Text of SB3023
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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
3everything after the enacting clause with the following:
 
4    "Section 1. Short title. This Act may be cited as the
5Community-Law Enforcement Partnership for Deflection and
6Substance Use Disorder Treatment Act.
 
7    Section 5. Purposes. The General Assembly hereby
8acknowledges that opioid use disorders, overdoses, and deaths
9in Illinois are persistent and growing concerns for Illinois
10communities. These concerns compound existing challenges to
11adequately address and manage substance use and mental health
12disorders. Law enforcement officers have a unique opportunity
13to facilitate connections to community-based behavioral health
14interventions that provide substance use treatment and can help
15save and restore lives; help reduce drug use, overdose
16incidence, criminal offending, and recidivism; and help

 

 

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1prevent arrest and conviction records that destabilize health,
2families, and opportunities for community citizenship and
3self-sufficiency. These efforts are bolstered when pursued in
4partnership with licensed behavioral health treatment
5providers and community members or organizations. It is the
6intent of the General Assembly to authorize law enforcement to
7develop and implement collaborative deflection programs in
8Illinois that offer immediate pathways to substance use
9treatment and other services as an alternative to traditional
10case processing and involvement in the criminal justice system.
 
11    Section 10. Definitions. In this Act:
12    "Case management" means those services which will assist
13persons in gaining access to needed social, educational,
14medical, substance use and mental health treatment, and other
15services.
16    "Community member or organization" means an individual
17volunteer, resident, public office, or a not-for-profit
18organization, religious institution, charitable organization,
19or other public body committed to the improvement of individual
20and family mental and physical well-being and the overall
21social welfare of the community, and may include persons with
22lived experience in recovery from substance use disorder,
23either themselves or as family members.
24    "Deflection program" means a program in which a peace
25officer or member of a law enforcement agency facilitates

 

 

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1contact between an individual and a licensed substance use
2treatment provider or clinician for assessment and
3coordination of treatment planning. This facilitation includes
4defined criteria for eligibility and communication protocols
5agreed to by the law enforcement agency and the licensed
6treatment provider for the purpose of providing substance use
7treatment to those persons in lieu of arrest or further justice
8system involvement. Deflection programs may include, but are
9not 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
5department or county sheriff's office of this State, the
6Department of State Police, or other law enforcement agency
7whose officers, by statute, are granted and authorized to
8exercise powers similar to those conferred upon any peace
9officer employed by a law enforcement agency of this State.
10    "Licensed treatment provider" means an organization
11licensed by the Department of Human Services to perform an
12activity or service, or a coordinated range of those activities
13or services, as the Department of Human Services may establish
14by rule, such as the broad range of emergency, outpatient,
15intensive outpatient, and residential services and care,
16including assessment, diagnosis, case management, medical,
17psychiatric, psychological and social services,
18medication-assisted treatment, care and counseling, and
19recovery support, which may be extended to persons to assess or
20treat substance use disorder or to families of those persons.
21    "Peace officer" means any peace officer or member of any
22duly organized State, county, or municipal peace officer unit,
23any police force of another State, or any police force whose
24members, by statute, are granted and authorized to exercise
25powers similar to those conferred upon any peace officer
26employed by a law enforcement agency of this State.

 

 

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1    "Substance use disorder" means a pattern of use of alcohol
2or other drugs leading to clinical or functional impairment, in
3accordance with the definition in the Diagnostic and
4Statistical Manual of Mental Disorders (DSM-5), or in any
5subsequent editions.
6    "Treatment" means the broad range of emergency,
7outpatient, intensive outpatient, and residential services and
8care (including assessment, diagnosis, case management,
9medical, psychiatric, psychological and social services,
10medication-assisted treatment, care and counseling, and
11recovery support) which may be extended to persons who have
12substance use disorders, persons with mental illness, or
13families of those persons.
 
14    Section 15. Authorization.
15    (a) Any law enforcement agency may establish a deflection
16program subject to the provisions of this Act in partnership
17with one or more licensed providers of substance use disorder
18treatment services and one or more community members or
19organizations.
20    (b) The deflection program may involve a post-overdose
21deflection response, a self-referral deflection response, an
22active outreach deflection response, an officer prevention
23deflection response, or an officer intervention deflection
24response, or any combination of those.
25    (c) Nothing shall preclude the General Assembly from adding

 

 

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1other responses to a deflection program, or preclude a law
2enforcement agency from developing a deflection program
3response based on a model unique and responsive to local
4issues, substance use or mental health needs, and partnerships,
5using sound and promising or evidence-based practices.
6    (c-5) Whenever appropriate and available, case management
7should be provided by a licensed treatment provider, and may be
8provided through peer recovery support approaches. Deflection
9program partners may identify other case management resources
10that meet the definition of case management if a licensed
11treatment provider or peer recovery support is not appropriate
12or available.
13    (d) To receive funding for activities as described in
14Section 35 of this Act, planning for the deflection program
15shall 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,
25licensed treatment providers, and community members or

 

 

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1organizations shall establish a local deflection program plan
2that includes protocols and procedures for participant
3identification, screening or assessment, treatment
4facilitation, reporting, and ongoing involvement of the law
5enforcement agency. Licensed substance use disorder treatment
6organizations shall adhere to 42 CFR Part 2 regarding
7confidentiality regulations for information exchange or
8release. Substance use disorder treatment services shall
9adhere to all regulations specified in Department of Human
10Services Administrative Rules, Parts 2060 and 2090.
 
11    Section 25. Reporting and evaluation.
12    The Illinois Criminal Justice Information Authority, in
13conjunction with an association representing police chiefs and
14the Department of Human Services' Division of Alcoholism and
15Substance Abuse, shall within 6 months of the effective date of
16this 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
16enforcement agency or peace officer acting in good faith shall
17not, as the result of acts or omissions in providing services
18under Section 15 of this Act be liable for civil damages,
19unless the acts or omissions constitute willful and wanton
20misconduct.
 
21    Section 35. Funding.
22    (a) The General Assembly may appropriate funds to the
23Illinois Criminal Justice Information Authority for the
24purpose of reimbursing law enforcement agencies for services

 

 

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1provided by deflection program partners as part of deflection
2programs subject to subsection (d) of Section 15 of this Act.
3    (b) The Illinois Criminal Justice Information Authority
4may adopt guidelines and requirements to direct the
5distribution of funds for reimbursable expenses related to
6deflection programs. Activities eligible for reimbursement
7under this Act may include, but are not limited to, the
8following:
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
2services or self-help entities may be a requirement of the
3program services protocols. All deflection programs shall
4encourage the involvement of key family members and significant
5others as a part of a family-based approach to treatment. All
6deflection programs are encouraged to use evidence-based
7practices and outcome measures in the provision of substance
8use disorder treatment and medication assisted treatment for
9persons with opioid use disorders.".