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




HB3819 EnrolledLRB103 29980 AWJ 56399 b

1    AN ACT concerning government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
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
16that opioid use disorders, overdoses, and deaths in Illinois
17are persistent and growing concerns for Illinois communities.
18These concerns compound existing challenges to adequately
19address and manage substance use and mental health disorders.
20Local government agencies, law Law enforcement officers, other
21first responders, and co-responders have a unique opportunity
22to facilitate connections to community-based services,



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1including case management, and mental and behavioral health
2interventions that provide harm reduction or substance use
3treatment and can help save and restore lives; help reduce
4drug use, overdose incidence, criminal offending, and
5recidivism; and help prevent arrest and conviction records
6that destabilize health, families, and opportunities for
7community citizenship and self-sufficiency. These efforts are
8bolstered when pursued in partnership with licensed behavioral
9health treatment providers and community members or
10organizations. It is the intent of the General Assembly to
11authorize law enforcement, and other first responders, and
12local government agencies to develop and implement
13collaborative deflection programs in Illinois that offer
14immediate pathways to substance use treatment and other
15services as an alternative to traditional case processing and
16involvement in the criminal justice system, and to unnecessary
17admission to emergency departments.
18(Source: P.A. 100-1025, eff. 1-1-19; 101-652, eff. 7-1-21.)
19    (5 ILCS 820/10)
20    Sec. 10. Definitions. In this Act:
21    "Case management" means those services which use
22evidence-based practices, including harm reduction and
23motivational interviewing, to will assist persons in gaining
24access to needed social, educational, medical, substance use
25and mental health treatment, and other services.



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1    "Community member or organization" means an individual
2volunteer, resident, public office, or a not-for-profit
3organization, religious institution, charitable organization,
4or other public body committed to the improvement of
5individual and family mental and physical well-being and the
6overall social welfare of the community, and may include
7persons with lived experience in recovery from substance use
8disorder, either themselves or as family members.
9    "Other first responder" means and includes emergency
10medical services providers that are public units of
11government, fire departments and districts, and officials and
12responders representing and employed by these entities.
13    "Deflection program" means a program in which a peace
14officer or member of a law enforcement agency, or other first
15responder, or local government agency facilitates contact
16between an individual and a licensed substance use treatment
17provider, or clinician, or case management agency for
18assessment and coordination of treatment planning, including
19co-responder approaches that incorporate behavioral health,
20peer, or social work professionals with law enforcement or
21other first responders at the scene. This facilitation
22includes defined criteria for eligibility and communication
23protocols agreed to by the law enforcement agency or other
24first responder entity and the licensed treatment provider or
25case management agency for the purpose of providing substance
26use treatment or care collaboration to those persons in lieu



HB3819 Enrolled- 4 -LRB103 29980 AWJ 56399 b

1of arrest or further justice system involvement, or
2unnecessary admissions to the emergency department. Deflection
3programs may include, but are not limited to, the following
4types of responses:
5        (1) a post-overdose deflection response initiated by a
6    peace officer or law enforcement agency subsequent to
7    emergency administration of medication to reverse an
8    overdose, or in cases of severe substance use disorder
9    with acute risk for overdose;
10        (2) a self-referral deflection response initiated by
11    an individual by contacting a peace officer, or law
12    enforcement agency, or other first responder, or local
13    government agency in the acknowledgment of their substance
14    use or disorder;
15        (3) an active outreach deflection response initiated
16    by a peace officer, or law enforcement agency, or other
17    first responder, or local government agency as a result of
18    proactive identification of persons thought likely to have
19    a substance use disorder or untreated or undiagnosed
20    mental illness;
21        (4) an officer, or other first responder, or local
22    government agency prevention deflection response initiated
23    by a peace officer, or law enforcement agency, or local
24    government agency in response to a community call when no
25    criminal charges are present; and
26        (5) an officer intervention during routine activities,



HB3819 Enrolled- 5 -LRB103 29980 AWJ 56399 b

1    such as patrol or deflection response to a service call
2    during which a referral to treatment, to services, or to a
3    case manager is made in lieu of arrest when criminal
4    charges are present but held in abeyance pending
5    engagement with treatment.
6    "Harm reduction" means a reduction of, or attempt to
7reduce, the adverse consequences of substance use, including,
8but not limited to, by addressing the substance use and
9conditions that give rise to the substance use. "Harm
10reduction" includes, but is not limited to, syringe service
11programs, naloxone distribution, and public awareness
12campaigns about the Good Samaritan Act.
13    "Law enforcement agency" means a municipal police
14department or county sheriff's office of this State, the
15Illinois State Police, or other law enforcement agency whose
16officers, by statute, are granted and authorized to exercise
17powers similar to those conferred upon any peace officer
18employed by a law enforcement agency of this State.
19    "Licensed treatment provider" means an organization
20licensed by the Department of Human Services to perform an
21activity or service, or a coordinated range of those
22activities or services, as the Department of Human Services
23may establish by rule, such as the broad range of emergency,
24outpatient, intensive outpatient, and residential services and
25care, including assessment, diagnosis, case management,
26medical, psychiatric, psychological and social services,



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1medication-assisted treatment, care and counseling, and
2recovery support, which may be extended to persons to assess
3or treat substance use disorder or to families of those
5    "Local government agency" means a county, municipality, or
6township office, a State's Attorney's Office, a Public
7Defender's Office, or a local health department.
8    "Peace officer" means any peace officer or member of any
9duly organized State, county, or municipal peace officer unit,
10any police force of another State, or any police force whose
11members, by statute, are granted and authorized to exercise
12powers similar to those conferred upon any peace officer
13employed by a law enforcement agency of this State.
14    "Substance use disorder" means a pattern of use of alcohol
15or other drugs leading to clinical or functional impairment,
16in accordance with the definition in the Diagnostic and
17Statistical Manual of Mental Disorders (DSM-5), or in any
18subsequent editions.
19    "Treatment" means the broad range of emergency,
20outpatient, intensive outpatient, and residential services and
21care (including assessment, diagnosis, case management,
22medical, psychiatric, psychological and social services,
23medication-assisted treatment, care and counseling, and
24recovery support) which may be extended to persons who have
25substance use disorders, persons with mental illness, or
26families of those persons.



HB3819 Enrolled- 7 -LRB103 29980 AWJ 56399 b

1(Source: P.A. 101-652, eff. 7-1-21; 102-538, eff. 8-20-21;
2102-813, eff. 5-13-22.)
3    (5 ILCS 820/15)
4    Sec. 15. Authorization.
5    (a) Any law enforcement agency, or other first responder
6entity, or local government agency may establish a deflection
7program subject to the provisions of this Act in partnership
8with one or more licensed providers of substance use disorder
9treatment services and one or more community members or
10organizations. Programs established by another first responder
11entity or a local government agency shall also include a law
12enforcement agency.
13    (b) The deflection program may involve a post-overdose
14deflection response, a self-referral deflection response, a
15pre-arrest diversion response, an active outreach deflection
16response, an officer or other first responder prevention
17deflection response, or an officer intervention deflection
18response, or any combination of those.
19    (c) Nothing shall preclude the General Assembly from
20adding other responses to a deflection program, or preclude a
21law enforcement agency, or other first responder entity, or
22local government agency from developing a deflection program
23response based on a model unique and responsive to local
24issues, substance use or mental health needs, and
25partnerships, using sound and promising or evidence-based



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2    (c-5) Whenever appropriate and available, case management
3should be provided by a licensed treatment provider or other
4appropriate provider and may include peer recovery support
6    (d) To receive funding for activities as described in
7Section 35 of this Act, planning for the deflection program
8shall include:
9        (1) the involvement of one or more licensed treatment
10    programs and one or more community members or
11    organizations; and
12        (2) an agreement with the Illinois Criminal Justice
13    Information Authority to collect and evaluate relevant
14    statistical data related to the program, as established by
15    the Illinois Criminal Justice Information Authority in
16    paragraph (2) of subsection (a) of Section 25 of this Act.
17        (3) an agreement with participating licensed treatment
18    providers authorizing the release of statistical data to
19    the Illinois Criminal Justice Information Authority, in
20    compliance with State and Federal law, as established by
21    the Illinois Criminal Justice Information Authority in
22    paragraph (2) of subsection (a) of Section 25 of this Act.
23(Source: P.A. 100-1025, eff. 1-1-19; 101-81, eff. 7-12-19;
24101-652, eff. 7-1-21.)
25    (5 ILCS 820/20)



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1    Sec. 20. Procedure. The law enforcement agency, or other
2first responder entity, local government agency, licensed
3treatment providers, and community members or organizations
4shall establish a local deflection program plan that includes
5protocols and procedures for participant identification,
6screening or assessment, case management, treatment
7facilitation, reporting, restorative justice, and ongoing
8involvement of the law enforcement agency. Licensed substance
9use disorder treatment organizations shall adhere to 42 CFR
10Part 2 regarding confidentiality regulations for information
11exchange or release. Substance use disorder treatment services
12shall adhere to all regulations specified in Department of
13Human Services Administrative Rules, Parts 2060 and 2090.
14    A deflection program organized and operating under this
15Act may accept, receive, and disburse, in furtherance of its
16duties and functions, any funds, grants, and services made
17available by the State and its agencies, the federal
18government and its agencies, units of local government, and
19private or civic sources.
20(Source: P.A. 100-1025, eff. 1-1-19; 101-652, eff. 7-1-21.)
21    (5 ILCS 820/21)
22    Sec. 21. Training. Employees of the The law enforcement
23agency, or other first responder entity, or local government
24agency who are participating in programs that receive funding
25for services under Section 35 of this Act shall and that



HB3819 Enrolled- 10 -LRB103 29980 AWJ 56399 b

1receive training under subsection (a.1) of Section 35 shall be
2trained in:
3        (a) Neuroscience of Addiction for Law Enforcement;
4        (b) Medication-Assisted Treatment;
5        (c) Criminogenic Risk-Need for Health and Safety;
6        (d) Why Drug Treatment Works?;
7        (e) Eliminating Stigma for People with Substance-Use
8    Disorders and Mental Health;
9        (f) Avoiding Racial Bias in Deflection Program;
10        (g) Promotion Racial and Gender Equity in Deflection;
11        (h) Working With Community Partnerships; and
12        (i) Deflection in Rural Communities; and .
13        (j) Harm Reduction.
14(Source: P.A. 101-652, eff. 7-1-21.)
15    (5 ILCS 820/30)
16    Sec. 30. Exemption from civil liability. The law
17enforcement agency, or peace officer, or other first
18responder, or local government agency or employee of the
19agency acting in good faith shall not, as the result of acts or
20omissions in providing services under Section 15 of this Act,
21be liable for civil damages, unless the acts or omissions
22constitute willful and wanton misconduct.
23(Source: P.A. 100-1025, eff. 1-1-19; 101-652, eff. 7-1-21.)
24    (5 ILCS 820/35)



HB3819 Enrolled- 11 -LRB103 29980 AWJ 56399 b

1    Sec. 35. Funding.
2    (a) The General Assembly may appropriate funds to the
3Illinois Criminal Justice Information Authority for the
4purpose of funding law enforcement agencies, or other first
5responder entities, or local government agencies for services
6provided by deflection program partners as part of deflection
7programs subject to subsection (d) of Section 15 of this Act.
8    (a.1) Up to 10 percent of appropriated funds may be
9expended on activities related to knowledge dissemination,
10training, technical assistance, or other similar activities
11intended to increase practitioner and public awareness of
12deflection and/or to support its implementation. The Illinois
13Criminal Justice Information Authority may adopt guidelines
14and requirements to direct the distribution of funds for these
16    (b) For all appropriated funds not distributed under
17subsection (a.1), the Illinois Criminal Justice Information
18Authority may adopt guidelines and requirements to direct the
19distribution of funds for expenses related to deflection
20programs. Funding shall be made available to support both new
21and existing deflection programs in a broad spectrum of
22geographic regions in this State, including urban, suburban,
23and rural communities. Funding for deflection programs shall
24be prioritized for communities that have been impacted by the
25war on drugs, communities that have a police/community
26relations issue, and communities that have a disproportionate



HB3819 Enrolled- 12 -LRB103 29980 AWJ 56399 b

1lack of access to mental health and drug treatment. Activities
2eligible for funding under this Act may include, but are not
3limited to, the following:
4        (1) activities related to program administration,
5    coordination, or management, including, but not limited
6    to, the development of collaborative partnerships with
7    licensed treatment providers and community members or
8    organizations; collection of program data; or monitoring
9    of compliance with a local deflection program plan;
10        (2) case management including case management provided
11    prior to assessment, diagnosis, and engagement in
12    treatment, as well as assistance navigating and gaining
13    access to various treatment modalities and support
14    services;
15        (3) peer recovery or recovery support services that
16    include the perspectives of persons with the experience of
17    recovering from a substance use disorder, either
18    themselves or as family members;
19        (4) transportation to a licensed treatment provider or
20    other program partner location;
21        (5) program evaluation activities;
22        (6) naloxone and related harm reduction supplies
23    necessary for carrying out overdose prevention and
24    reversal for purposes of distribution to program
25    participants or for use by law enforcement, or other first
26    responders, or local government agencies; and



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1        (7) treatment necessary to prevent gaps in service
2    delivery between linkage and coverage by other funding
3    sources when otherwise non-reimbursable; and .
4        (8) wraparound participant funds to be used to
5    incentivize participation and meet participant needs.
6    Eligible items include, but are not limited to, clothing,
7    transportation, application fees, emergency shelter,
8    utilities, toiletries, medical supplies, haircuts, and
9    snacks. Food and drink is allowed if it is necessary for
10    the program's success where it incentivizes participation
11    in case management or addresses an emergency need as a
12    bridge to self-sufficiency when other sources of emergency
13    food are not available.
14    (c) Specific linkage agreements with recovery support
15services or self-help entities may be a requirement of the
16program services protocols. All deflection programs shall
17encourage the involvement of key family members and
18significant others as a part of a family-based approach to
19treatment. All deflection programs are encouraged to use
20evidence-based practices and outcome measures in the provision
21of case management, substance use disorder treatment, and
22medication-assisted treatment for persons with opioid use
24(Source: P.A. 101-81, eff. 7-12-19; 101-652, eff. 7-1-21;
25102-813, eff. 5-13-22.)



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1    Section 95. Illinois Compiled Statutes reassignment. The
2Legislative Reference Bureau shall reassign the following Act
3to the specified location in the Illinois Compiled Statutes
4and file appropriate documents with the Index Division of the
5Office of the Secretary of State in accordance with subsection
6(c) of Section 5.04 of the Legislative Reference Bureau Act:
7    Community Partnership for Deflection and Substance Use
8Disorder Treatment Act, reassigned from 5 ILCS 820/ to 50 ILCS