Illinois General Assembly - Full Text of HB3819
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Full Text of HB3819  103rd General Assembly


Sen. Paul Faraci

Filed: 4/20/2023





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2    AMENDMENT NO. ______. Amend House Bill 3819 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Community-Law Enforcement and Other First
5Responder Partnership for Deflection and Substance Use
6Disorder Treatment Act is amended by changing Sections 1, 5,
710, 15, 20, 21, 30, and 35 as follows:
8    (5 ILCS 820/1)
9    Sec. 1. Short title. This Act may be cited as the Community
10Community-Law Enforcement and Other First Responder
11Partnership for Deflection and Substance Use Disorder
12Treatment Act.
13(Source: P.A. 100-1025, eff. 1-1-19; 101-652, eff. 7-1-21.)
14    (5 ILCS 820/5)
15    Sec. 5. Purposes. The General Assembly hereby acknowledges



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1that opioid use disorders, overdoses, and deaths in Illinois
2are persistent and growing concerns for Illinois communities.
3These concerns compound existing challenges to adequately
4address and manage substance use and mental health disorders.
5Local government agencies, law Law enforcement officers, other
6first responders, and co-responders have a unique opportunity
7to facilitate connections to community-based services,
8including case management, and mental and behavioral health
9interventions that provide harm reduction or substance use
10treatment and can help save and restore lives; help reduce
11drug use, overdose incidence, criminal offending, and
12recidivism; and help prevent arrest and conviction records
13that destabilize health, families, and opportunities for
14community citizenship and self-sufficiency. These efforts are
15bolstered when pursued in partnership with licensed behavioral
16health treatment providers and community members or
17organizations. It is the intent of the General Assembly to
18authorize law enforcement, and other first responders, and
19local government agencies to develop and implement
20collaborative deflection programs in Illinois that offer
21immediate pathways to substance use treatment and other
22services as an alternative to traditional case processing and
23involvement in the criminal justice system, and to unnecessary
24admission to emergency departments.
25(Source: P.A. 100-1025, eff. 1-1-19; 101-652, eff. 7-1-21.)



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1    (5 ILCS 820/10)
2    Sec. 10. Definitions. In this Act:
3    "Case management" means those services which use
4evidence-based practices, including harm reduction and
5motivational interviewing, to will assist persons in gaining
6access to needed social, educational, medical, substance use
7and mental health treatment, and other services.
8    "Community member or organization" means an individual
9volunteer, resident, public office, or a not-for-profit
10organization, religious institution, charitable organization,
11or other public body committed to the improvement of
12individual and family mental and physical well-being and the
13overall social welfare of the community, and may include
14persons with lived experience in recovery from substance use
15disorder, either themselves or as family members.
16    "Other first responder" means and includes emergency
17medical services providers that are public units of
18government, fire departments and districts, and officials and
19responders representing and employed by these entities.
20    "Deflection program" means a program in which a peace
21officer or member of a law enforcement agency, or other first
22responder, or local government agency facilitates contact
23between an individual and a licensed substance use treatment
24provider, or clinician, or case management agency for
25assessment and coordination of treatment planning, including
26co-responder approaches that incorporate behavioral health,



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1peer, or social work professionals with law enforcement or
2other first responders at the scene. This facilitation
3includes defined criteria for eligibility and communication
4protocols agreed to by the law enforcement agency or other
5first responder entity and the licensed treatment provider or
6case management agency for the purpose of providing substance
7use treatment or care collaboration to those persons in lieu
8of arrest or further justice system involvement, or
9unnecessary admissions to the emergency department. Deflection
10programs may include, but are not limited to, the following
11types of responses:
12        (1) a post-overdose deflection response initiated by a
13    peace officer or law enforcement agency subsequent to
14    emergency administration of medication to reverse an
15    overdose, or in cases of severe substance use disorder
16    with acute risk for overdose;
17        (2) a self-referral deflection response initiated by
18    an individual by contacting a peace officer, or law
19    enforcement agency, or other first responder, or local
20    government agency in the acknowledgment of their substance
21    use or disorder;
22        (3) an active outreach deflection response initiated
23    by a peace officer, or law enforcement agency, or other
24    first responder, or local government agency as a result of
25    proactive identification of persons thought likely to have
26    a substance use disorder or untreated or undiagnosed



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1    mental illness;
2        (4) an officer, or other first responder, or local
3    government agency prevention deflection response initiated
4    by a peace officer, or law enforcement agency, or local
5    government agency in response to a community call when no
6    criminal charges are present; and
7        (5) an officer intervention during routine activities,
8    such as patrol or deflection response to a service call
9    during which a referral to treatment, to services, or to a
10    case manager is made in lieu of arrest when criminal
11    charges are present but held in abeyance pending
12    engagement with treatment.
13    "Harm reduction" means a reduction of, or attempt to
14reduce, the adverse consequences of substance use, including,
15but not limited to, by addressing the substance use and
16conditions that give rise to the substance use. "Harm
17reduction" includes, but is not limited to, syringe service
18programs, naloxone distribution, and public awareness
19campaigns about the Good Samaritan Act.
20    "Law enforcement agency" means a municipal police
21department or county sheriff's office of this State, the
22Illinois State Police, or other law enforcement agency whose
23officers, by statute, are granted and authorized to exercise
24powers similar to those conferred upon any peace officer
25employed by a law enforcement agency of this State.
26    "Licensed treatment provider" means an organization



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1licensed by the Department of Human Services to perform an
2activity or service, or a coordinated range of those
3activities or services, as the Department of Human Services
4may establish by rule, such as the broad range of emergency,
5outpatient, intensive outpatient, and residential services and
6care, including assessment, diagnosis, case management,
7medical, psychiatric, psychological and social services,
8medication-assisted treatment, care and counseling, and
9recovery support, which may be extended to persons to assess
10or treat substance use disorder or to families of those
12    "Local government agency" means a county, municipality, or
13township office, a State's Attorney's Office, a Public
14Defender's Office, or a local health department.
15    "Peace officer" means any peace officer or member of any
16duly organized State, county, or municipal peace officer unit,
17any police force of another State, or any police force whose
18members, by statute, are granted and authorized to exercise
19powers similar to those conferred upon any peace officer
20employed by a law enforcement agency of this State.
21    "Substance use disorder" means a pattern of use of alcohol
22or other drugs leading to clinical or functional impairment,
23in accordance with the definition in the Diagnostic and
24Statistical Manual of Mental Disorders (DSM-5), or in any
25subsequent editions.
26    "Treatment" means the broad range of emergency,



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1outpatient, intensive outpatient, and residential services and
2care (including assessment, diagnosis, case management,
3medical, psychiatric, psychological and social services,
4medication-assisted treatment, care and counseling, and
5recovery support) which may be extended to persons who have
6substance use disorders, persons with mental illness, or
7families of those persons.
8(Source: P.A. 101-652, eff. 7-1-21; 102-538, eff. 8-20-21;
9102-813, eff. 5-13-22.)
10    (5 ILCS 820/15)
11    Sec. 15. Authorization.
12    (a) Any law enforcement agency, or other first responder
13entity, or local government agency may establish a deflection
14program subject to the provisions of this Act in partnership
15with one or more licensed providers of substance use disorder
16treatment services and one or more community members or
17organizations. Programs established by another first responder
18entity or a local government agency shall also include a law
19enforcement agency.
20    (b) The deflection program may involve a post-overdose
21deflection response, a self-referral deflection response, a
22pre-arrest diversion response, an active outreach deflection
23response, an officer or other first responder prevention
24deflection response, or an officer intervention deflection
25response, or any combination of those.



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1    (c) Nothing shall preclude the General Assembly from
2adding other responses to a deflection program, or preclude a
3law enforcement agency, or other first responder entity, or
4local government agency from developing a deflection program
5response based on a model unique and responsive to local
6issues, substance use or mental health needs, and
7partnerships, using sound and promising or evidence-based
9    (c-5) Whenever appropriate and available, case management
10should be provided by a licensed treatment provider or other
11appropriate provider and may include peer recovery support
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 members or
18    organizations; 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 subsection (a) of Section 25 of this Act.
24        (3) an agreement with participating licensed treatment
25    providers authorizing the release of statistical data to
26    the Illinois Criminal Justice Information Authority, in



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1    compliance with State and Federal law, as established by
2    the Illinois Criminal Justice Information Authority in
3    paragraph (2) of subsection (a) of Section 25 of this Act.
4(Source: P.A. 100-1025, eff. 1-1-19; 101-81, eff. 7-12-19;
5101-652, eff. 7-1-21.)
6    (5 ILCS 820/20)
7    Sec. 20. Procedure. The law enforcement agency, or other
8first responder entity, local government agency, licensed
9treatment providers, and community members or organizations
10shall establish a local deflection program plan that includes
11protocols and procedures for participant identification,
12screening or assessment, case management, treatment
13facilitation, reporting, restorative justice, and ongoing
14involvement of the law enforcement agency. Licensed substance
15use disorder treatment organizations shall adhere to 42 CFR
16Part 2 regarding confidentiality regulations for information
17exchange or release. Substance use disorder treatment services
18shall adhere to all regulations specified in Department of
19Human Services Administrative Rules, Parts 2060 and 2090.
20    A deflection program organized and operating under this
21Act may accept, receive, and disburse, in furtherance of its
22duties and functions, any funds, grants, and services made
23available by the State and its agencies, the federal
24government and its agencies, units of local government, and
25private or civic sources.



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1(Source: P.A. 100-1025, eff. 1-1-19; 101-652, eff. 7-1-21.)
2    (5 ILCS 820/21)
3    Sec. 21. Training. Employees of the The law enforcement
4agency, or other first responder entity, or local government
5agency who are participating in programs that receive funding
6for services under Section 35 of this Act shall and that
7receive training under subsection (a.1) of Section 35 shall be
8trained in:
9        (a) Neuroscience of Addiction for Law Enforcement;
10        (b) Medication-Assisted Treatment;
11        (c) Criminogenic Risk-Need for Health and Safety;
12        (d) Why Drug Treatment Works?;
13        (e) Eliminating Stigma for People with Substance-Use
14    Disorders and Mental Health;
15        (f) Avoiding Racial Bias in Deflection Program;
16        (g) Promotion Racial and Gender Equity in Deflection;
17        (h) Working With Community Partnerships; and
18        (i) Deflection in Rural Communities; and .
19        (j) Harm Reduction.
20(Source: P.A. 101-652, eff. 7-1-21.)
21    (5 ILCS 820/30)
22    Sec. 30. Exemption from civil liability. The law
23enforcement agency, or peace officer, or other first
24responder, or local government agency or employee of the



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1agency acting in good faith shall not, as the result of acts or
2omissions in providing services under Section 15 of this Act,
3be liable for civil damages, unless the acts or omissions
4constitute willful and wanton misconduct.
5(Source: P.A. 100-1025, eff. 1-1-19; 101-652, eff. 7-1-21.)
6    (5 ILCS 820/35)
7    Sec. 35. Funding.
8    (a) The General Assembly may appropriate funds to the
9Illinois Criminal Justice Information Authority for the
10purpose of funding law enforcement agencies, or other first
11responder entities, or local government agencies for services
12provided by deflection program partners as part of deflection
13programs subject to subsection (d) of Section 15 of this Act.
14    (a.1) Up to 10 percent of appropriated funds may be
15expended on activities related to knowledge dissemination,
16training, technical assistance, or other similar activities
17intended to increase practitioner and public awareness of
18deflection and/or to support its implementation. The Illinois
19Criminal Justice Information Authority may adopt guidelines
20and requirements to direct the distribution of funds for these
22    (b) For all appropriated funds not distributed under
23subsection (a.1), the Illinois Criminal Justice Information
24Authority may adopt guidelines and requirements to direct the
25distribution of funds for expenses related to deflection



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1programs. Funding shall be made available to support both new
2and existing deflection programs in a broad spectrum of
3geographic regions in this State, including urban, suburban,
4and rural communities. Funding for deflection programs shall
5be prioritized for communities that have been impacted by the
6war on drugs, communities that have a police/community
7relations issue, and communities that have a disproportionate
8lack of access to mental health and drug treatment. Activities
9eligible for funding under this Act may include, but are not
10limited to, the following:
11        (1) activities related to program administration,
12    coordination, or management, including, but not limited
13    to, the development of collaborative partnerships with
14    licensed treatment providers and community members or
15    organizations; collection of program data; or monitoring
16    of compliance with a local deflection program plan;
17        (2) case management including case management provided
18    prior to assessment, diagnosis, and engagement in
19    treatment, as well as assistance navigating and gaining
20    access to various treatment modalities and support
21    services;
22        (3) peer recovery or recovery support services that
23    include the perspectives of persons with the experience of
24    recovering from a substance use disorder, either
25    themselves or as family members;
26        (4) transportation to a licensed treatment provider or



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1    other program partner location;
2        (5) program evaluation activities;
3        (6) naloxone and related harm reduction supplies
4    necessary for carrying out overdose prevention and
5    reversal for purposes of distribution to program
6    participants or for use by law enforcement, or other first
7    responders, or local government agencies; and
8        (7) treatment necessary to prevent gaps in service
9    delivery between linkage and coverage by other funding
10    sources when otherwise non-reimbursable; and .
11        (8) wraparound participant funds to be used to
12    incentivize participation and meet participant needs.
13    Eligible items include, but are not limited to, clothing,
14    transportation, application fees, emergency shelter,
15    utilities, toiletries, medical supplies, haircuts, and
16    snacks. Food and drink is allowed if it is necessary for
17    the program's success where it incentivizes participation
18    in case management or addresses an emergency need as a
19    bridge to self-sufficiency when other sources of emergency
20    food are not available.
21    (c) Specific linkage agreements with recovery support
22services or self-help entities may be a requirement of the
23program services protocols. All deflection programs shall
24encourage the involvement of key family members and
25significant others as a part of a family-based approach to
26treatment. All deflection programs are encouraged to use



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1evidence-based practices and outcome measures in the provision
2of case management, substance use disorder treatment, and
3medication-assisted treatment for persons with opioid use
5(Source: P.A. 101-81, eff. 7-12-19; 101-652, eff. 7-1-21;
6102-813, eff. 5-13-22.)
7    Section 95. Illinois Compiled Statutes reassignment. The
8Legislative Reference Bureau shall reassign the following Act
9to the specified location in the Illinois Compiled Statutes
10and file appropriate documents with the Index Division of the
11Office of the Secretary of State in accordance with subsection
12(c) of Section 5.04 of the Legislative Reference Bureau Act:
13    Community Partnership for Deflection and Substance Use
14Disorder Treatment Act, reassigned from 5 ILCS 820/ to 50 ILCS