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Public Act 103-0602


 

Public Act 0602 103RD GENERAL ASSEMBLY

 


 
Public Act 103-0602
 
HB4621 EnrolledLRB103 36415 RLC 66517 b

    AN ACT concerning criminal law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Substance Use Disorder Act is amended by
changing Section 5-23 as follows:
 
    (20 ILCS 301/5-23)
    Sec. 5-23. Drug Overdose Prevention Program.
    (a) Reports.
        (1) The Department may publish annually a report on
    drug overdose trends statewide that reviews State death
    rates from available data to ascertain changes in the
    causes or rates of fatal and nonfatal drug overdose. The
    report shall also provide information on interventions
    that would be effective in reducing the rate of fatal or
    nonfatal drug overdose and on the current substance use
    disorder treatment capacity within the State. The report
    shall include an analysis of drug overdose information
    reported to the Department of Public Health pursuant to
    subsection (e) of Section 3-3013 of the Counties Code,
    Section 6.14g of the Hospital Licensing Act, and
    subsection (j) of Section 22-30 of the School Code.
        (2) The report may include:
            (A) Trends in drug overdose death rates.
            (B) Trends in emergency room utilization related
        to drug overdose and the cost impact of emergency room
        utilization.
            (C) Trends in utilization of pre-hospital and
        emergency services and the cost impact of emergency
        services utilization.
            (D) Suggested improvements in data collection.
            (E) A description of other interventions effective
        in reducing the rate of fatal or nonfatal drug
        overdose.
            (F) A description of efforts undertaken to educate
        the public about unused medication and about how to
        properly dispose of unused medication, including the
        number of registered collection receptacles in this
        State, mail-back programs, and drug take-back events.
            (G) An inventory of the State's substance use
        disorder treatment capacity, including, but not
        limited to:
                (i) The number and type of licensed treatment
            programs in each geographic area of the State.
                (ii) The availability of medication-assisted
            treatment at each licensed program and which types
            of medication-assisted treatment are available.
                (iii) The number of recovery homes that accept
            individuals using medication-assisted treatment in
            their recovery.
                (iv) The number of medical professionals
            currently authorized to prescribe buprenorphine
            and the number of individuals who fill
            prescriptions for that medication at retail
            pharmacies as prescribed.
                (v) Any partnerships between programs licensed
            by the Department and other providers of
            medication-assisted treatment.
                (vi) Any challenges in providing
            medication-assisted treatment reported by programs
            licensed by the Department and any potential
            solutions.
    (b) Programs; drug overdose prevention.
        (1) The Department may establish a program to provide
    for the production and publication, in electronic and
    other formats, of drug overdose prevention, recognition,
    and response literature. The Department may develop and
    disseminate curricula for use by professionals,
    organizations, individuals, or committees interested in
    the prevention of fatal and nonfatal drug overdose,
    including, but not limited to, drug users, jail and prison
    personnel, jail and prison inmates, drug treatment
    professionals, emergency medical personnel, hospital
    staff, families and associates of drug users, peace
    officers, firefighters, public safety officers, needle
    exchange program staff, and other persons. In addition to
    information regarding drug overdose prevention,
    recognition, and response, literature produced by the
    Department shall stress that drug use remains illegal and
    highly dangerous and that complete abstinence from illegal
    drug use is the healthiest choice. The literature shall
    provide information and resources for substance use
    disorder treatment.
        The Department may establish or authorize programs for
    prescribing, dispensing, or distributing opioid
    antagonists for the treatment of drug overdose. Such
    programs may include the prescribing of opioid antagonists
    for the treatment of drug overdose to a person who is not
    at risk of opioid overdose but who, in the judgment of the
    health care professional, may be in a position to assist
    another individual during an opioid-related drug overdose
    and who has received basic instruction on how to
    administer an opioid antagonist.
        (2) The Department may provide advice to State and
    local officials on the growing drug overdose crisis,
    including the prevalence of drug overdose incidents,
    programs promoting the disposal of unused prescription
    drugs, trends in drug overdose incidents, and solutions to
    the drug overdose crisis.
        (3) The Department may support drug overdose
    prevention, recognition, and response projects by
    facilitating the acquisition of opioid antagonist
    medication approved for opioid overdose reversal,
    facilitating the acquisition of opioid antagonist
    medication approved for opioid overdose reversal,
    providing trainings in overdose prevention best practices,
    connecting programs to medical resources, establishing a
    statewide standing order for the acquisition of needed
    medication, establishing learning collaboratives between
    localities and programs, and assisting programs in
    navigating any regulatory requirements for establishing or
    expanding such programs.
        (4) In supporting best practices in drug overdose
    prevention programming, the Department may promote the
    following programmatic elements:
            (A) Training individuals who currently use drugs
        in the administration of opioid antagonists approved
        for the reversal of an opioid overdose.
            (B) Directly distributing opioid antagonists
        approved for the reversal of an opioid overdose rather
        than providing prescriptions to be filled at a
        pharmacy.
            (C) Conducting street and community outreach to
        work directly with individuals who are using drugs.
            (D) Employing community health workers or peer
        recovery specialists who are familiar with the
        communities served and can provide culturally
        competent services.
            (E) Collaborating with other community-based
        organizations, substance use disorder treatment
        centers, or other health care providers engaged in
        treating individuals who are using drugs.
            (F) Providing linkages for individuals to obtain
        evidence-based substance use disorder treatment.
            (G) Engaging individuals exiting jails or prisons
        who are at a high risk of overdose.
            (H) Providing education and training to
        community-based organizations who work directly with
        individuals who are using drugs and those individuals'
        families and communities.
            (I) Providing education and training on drug
        overdose prevention and response to emergency
        personnel and law enforcement.
            (J) Informing communities of the important role
        emergency personnel play in responding to accidental
        overdose.
            (K) Producing and distributing targeted mass media
        materials on drug overdose prevention and response,
        the potential dangers of leaving unused prescription
        drugs in the home, and the proper methods for
        disposing of unused prescription drugs.
    (c) Grants.
        (1) The Department may award grants, in accordance
    with this subsection, to create or support local drug
    overdose prevention, recognition, and response projects.
    Local health departments, correctional institutions,
    hospitals, universities, community-based organizations,
    and faith-based organizations may apply to the Department
    for a grant under this subsection at the time and in the
    manner the Department prescribes. Eligible grant
    activities include, but are not limited to, purchasing and
    distributing opioid antagonists, hiring peer recovery
    specialists or other community members to conduct
    community outreach, and hosting public health fairs or
    events to distribute opioid antagonists, promote harm
    reduction activities, and provide linkages to community
    partners.
        (2) In awarding grants, the Department shall consider
    the overall rate of opioid overdose, the rate of increase
    in opioid overdose, and racial disparities in opioid
    overdose experienced by the communities to be served by
    grantees. The Department shall encourage all grant
    applicants to develop interventions that will be effective
    and viable in their local areas.
        (3) (Blank).
        (3.5) Any hospital licensed under the Hospital
    Licensing Act or organized under the University of
    Illinois Hospital Act shall be deemed to have met the
    standards and requirements set forth in this Section to
    enroll in the drug overdose prevention program upon
    completion of the enrollment process except that proof of
    a standing order and attestation of programmatic
    requirements shall be waived for enrollment purposes.
    Reporting mandated by enrollment shall be necessary to
    carry out or attain eligibility for associated resources
    under this Section for drug overdose prevention projects
    operated on the licensed premises of the hospital and
    operated by the hospital or its designated agent. The
    Department shall streamline hospital enrollment for drug
    overdose prevention programs by accepting such deemed
    status under this Section in order to reduce barriers to
    hospital participation in drug overdose prevention,
    recognition, or response projects.
        (4) In addition to moneys appropriated by the General
    Assembly, the Department may seek grants from private
    foundations, the federal government, and other sources to
    fund the grants under this Section and to fund an
    evaluation of the programs supported by the grants.
    (d) Health care professional prescription of opioid
antagonists.
        (1) A health care professional who, acting in good
    faith, directly or by standing order, prescribes or
    dispenses an opioid antagonist to: (a) a patient who, in
    the judgment of the health care professional, is capable
    of administering the drug in an emergency, or (b) a person
    who is not at risk of opioid overdose but who, in the
    judgment of the health care professional, may be in a
    position to assist another individual during an
    opioid-related drug overdose and who has received basic
    instruction on how to administer an opioid antagonist
    shall not, as a result of his or her acts or omissions, be
    subject to: (i) any disciplinary or other adverse action
    under the Medical Practice Act of 1987, the Physician
    Assistant Practice Act of 1987, the Nurse Practice Act,
    the Pharmacy Practice Act, or any other professional
    licensing statute or (ii) any criminal liability, except
    for willful and wanton misconduct.
        (1.5) Notwithstanding any provision of or requirement
    otherwise imposed by the Pharmacy Practice Act, the
    Medical Practice Act of 1987, or any other law or rule,
    including, but not limited to, any requirement related to
    labeling, storage, or recordkeeping, a health care
    professional or other person acting under the direction of
    a health care professional may, directly or by standing
    order, obtain, store, and dispense an opioid antagonist to
    a patient in a facility that includes, but is not limited
    to, a hospital, a hospital affiliate, or a federally
    qualified health center if the patient information
    specified in paragraph (4) of this subsection is provided
    to the patient. A person acting in accordance with this
    paragraph shall not, as a result of his or her acts or
    omissions, be subject to: (i) any disciplinary or other
    adverse action under the Medical Practice Act of 1987, the
    Physician Assistant Practice Act of 1987, the Nurse
    Practice Act, the Pharmacy Practice Act, or any other
    professional licensing statute; or (ii) any criminal
    liability, except for willful and wanton misconduct.
        (2) A person who is not otherwise licensed to
    administer an opioid antagonist may in an emergency
    administer without fee an opioid antagonist if the person
    has received the patient information specified in
    paragraph (4) of this subsection and believes in good
    faith that another person is experiencing a drug overdose.
    The person shall not, as a result of his or her acts or
    omissions, be (i) liable for any violation of the Medical
    Practice Act of 1987, the Physician Assistant Practice Act
    of 1987, the Nurse Practice Act, the Pharmacy Practice
    Act, or any other professional licensing statute, or (ii)
    subject to any criminal prosecution or civil liability,
    except for willful and wanton misconduct.
        (3) A health care professional prescribing an opioid
    antagonist to a patient shall ensure that the patient
    receives the patient information specified in paragraph
    (4) of this subsection. Patient information may be
    provided by the health care professional or a
    community-based organization, substance use disorder
    program, or other organization with which the health care
    professional establishes a written agreement that includes
    a description of how the organization will provide patient
    information, how employees or volunteers providing
    information will be trained, and standards for documenting
    the provision of patient information to patients.
    Provision of patient information shall be documented in
    the patient's medical record or through similar means as
    determined by agreement between the health care
    professional and the organization. The Department, in
    consultation with statewide organizations representing
    physicians, pharmacists, advanced practice registered
    nurses, physician assistants, substance use disorder
    programs, and other interested groups, shall develop and
    disseminate to health care professionals, community-based
    organizations, substance use disorder programs, and other
    organizations training materials in video, electronic, or
    other formats to facilitate the provision of such patient
    information.
        (4) For the purposes of this subsection:
        "Opioid antagonist" means a drug that binds to opioid
    receptors and blocks or inhibits the effect of opioids
    acting on those receptors, including, but not limited to,
    naloxone hydrochloride or any other similarly acting drug
    approved by the U.S. Food and Drug Administration.
        "Health care professional" means a physician licensed
    to practice medicine in all its branches, a licensed
    physician assistant with prescriptive authority, a
    licensed advanced practice registered nurse with
    prescriptive authority, an advanced practice registered
    nurse or physician assistant who practices in a hospital,
    hospital affiliate, or ambulatory surgical treatment
    center and possesses appropriate clinical privileges in
    accordance with the Nurse Practice Act, or a pharmacist
    licensed to practice pharmacy under the Pharmacy Practice
    Act.
        "Patient" includes a person who is not at risk of
    opioid overdose but who, in the judgment of the physician,
    advanced practice registered nurse, or physician
    assistant, may be in a position to assist another
    individual during an overdose and who has received patient
    information as required in paragraph (2) of this
    subsection on the indications for and administration of an
    opioid antagonist.
        "Patient information" includes information provided to
    the patient on drug overdose prevention and recognition;
    how to perform rescue breathing and resuscitation; opioid
    antagonist dosage and administration; the importance of
    calling 911; care for the overdose victim after
    administration of the overdose antagonist; and other
    issues as necessary.
    (e) Drug overdose response policy.
        (1) Every State and local government agency that
    employs a law enforcement officer or fireman as those
    terms are defined in the Line of Duty Compensation Act
    must possess opioid antagonists and must establish a
    policy to control the acquisition, storage,
    transportation, and administration of such opioid
    antagonists and to provide training in the administration
    of opioid antagonists. A State or local government agency
    that employs a probation officer, as defined in Section 9b
    of the Probation and Probation Officers Act, or a fireman
    as defined in the Line of Duty Compensation Act but does
    not respond to emergency medical calls or provide medical
    services shall be exempt from this subsection.
        (2) Every publicly or privately owned ambulance,
    special emergency medical services vehicle, non-transport
    vehicle, or ambulance assist vehicle, as described in the
    Emergency Medical Services (EMS) Systems Act, that
    responds to requests for emergency services or transports
    patients between hospitals in emergency situations must
    possess opioid antagonists.
        (3) Entities that are required under paragraphs (1)
    and (2) to possess opioid antagonists may also apply to
    the Department for a grant to fund the acquisition of
    opioid antagonists and training programs on the
    administration of opioid antagonists.
(Source: P.A. 101-356, eff. 8-9-19; 102-598, eff. 1-1-22.)
 
    Section 10. The Pretrial Services Act is amended by
changing Sections 1, 1.5, 2, 3, 4, 5, 8, 9, 10, 12, 13, 14, 15,
17, 22, 24, 30, and 33 and by adding Sections 0.02, 0.03, and
0.04 as follows:
 
    (725 ILCS 185/0.02 new)
    Sec. 0.02. Definitions. In this Act:
    "Director" means the Director of the Office of Statewide
Pretrial Services.
    "Local pretrial services" means a pretrial services other
than the Office who is providing pretrial services.
    "Pretrial services" means any providing services to the
circuit court as provided for in this Act, including the
Office.
    "Office" means the Office of Statewide Pretrial Services.
 
    (725 ILCS 185/0.03 new)
    Sec. 0.03. Office of Statewide Pretrial Services;
establishment. There is established in the judicial branch of
State government an office to be known as the Office of
Statewide Pretrial Services. This office shall be under the
supervision and direction of a Director who shall be appointed
by a vote of a majority of the Illinois Supreme Court Justices
for a 4-year term and until a successor is appointed and
qualified. The Director shall adopt rules, instructions, and
orders, consistent with this Act, further defining the
organization of this office and the duties of its employees.
The Illinois Supreme Court shall approve or modify an
operational budget submitted to it by the Office of Statewide
Pretrial Services and set the number of employees each year.
 
    (725 ILCS 185/0.04 new)
    Sec. 0.04. Powers and duties.
    (a) The Office shall provide pretrial services as provided
in Section 7 to circuit courts or counties without existing
pretrial services agencies.
    (b) The Office shall develop, establish, adopt, and
enforce uniform standards for pretrial services in this State.
    (c) The Office may:
        (1) hire and train State employed pretrial personnel;
        (2) establish qualifications for pretrial officers as
    to hiring, promotion, and training;
        (3) establish a system of training and orientation for
    local pretrial services agencies;
        (4) Develop standards and approve employee
    compensation schedules for local pretrial services
    agencies;
        (5) establish a system of uniform forms;
        (6) develop standards for a system of recordkeeping
    for local pretrial services agencies;
        (7) gather statistics and develop research for
    planning of pretrial services in Illinois;
        (8) establish a means of verifying the conditions for
    reimbursement under this Act for local pretrial services
    agencies and develop criteria for approved costs for
    reimbursement;
        (9) monitor and evaluate all pretrial programs
    operated by local pretrial services agencies;
        (10) review and approve annual plans submitted by
    local pretrial services agencies; and
        (11) establish such other standards and regulations
    and do all acts necessary to carry out the intent and
    purposes of this Act.
 
    (725 ILCS 185/1)  (from Ch. 38, par. 301)
    Sec. 1. Pretrial services shall be provided by a local
pretrial services agency or the Office. The pretrial services
agency shall provide Each circuit court shall establish a
pretrial services agency to provide the circuit court with
accurate background data regarding the pretrial release of
persons charged with felonies and effective supervision of
compliance with the terms and conditions imposed on release.
(Source: P.A. 84-1449.)
 
    (725 ILCS 185/1.5)
    Sec. 1.5. Framework facilitating the hiring and training
of new State-employed pretrial services personnel to serve
circuit courts or counties without existing pretrial services
agencies. Notwithstanding anything in this Act to the
contrary, the Office shall hire Supreme Court is encouraged to
establish a framework that facilitates the hiring and train
training of new State-employed pretrial services personnel to
serve circuit courts or counties without existing pretrial
services agencies, as required by Section 1. Nothing in this
amendatory Act of the 103rd General Assembly shall be
constructed to invalidate, diminish, or otherwise interfere
with any collective bargaining agreement or representation
rights under the Illinois Public Labor Relations Act, if
applicable.
(Source: P.A. 102-694, eff. 1-7-22.)
 
    (725 ILCS 185/2)  (from Ch. 38, par. 302)
    Sec. 2. Local pretrial Pretrial services agencies may be
independent divisions of the circuit courts accountable to the
chief judge or his designee for program activities. The
agencies shall be supervised by a program director appointed
by the chief judge and removable for cause. The chief judge or
his designee shall have the authority to hire, terminate or
discipline local pretrial services agency personnel on
recommendation of the program director.
(Source: P.A. 84-1449.)
 
    (725 ILCS 185/3)  (from Ch. 38, par. 303)
    Sec. 3. Pretrial services shall be provided by the Office
The functions of the pretrial services agency shall be
assigned to the Department of Probation and Court Services or
other arm of the court where the volume of criminal
proceedings does not justify the establishment of a local
pretrial services agency separate division.
(Source: P.A. 84-1449.)
 
    (725 ILCS 185/4)  (from Ch. 38, par. 304)
    Sec. 4. All local pretrial services agency personnel shall
be full-time employees supervised by the director and, except
for secretarial staff, subject to the hiring and training
requirements established by the Office Supreme Court as
provided in "An Act providing for a system of probation, for
the appointment and compensation of probation officers, and
authorizing the suspension of final judgment and the
imposition of sentence upon persons found guilty of certain
defined crimes and offenses, and legalizing their ultimate
discharge without punishment", approved June 10, 1911, as
amended.
(Source: P.A. 84-1449.)
 
    (725 ILCS 185/5)  (from Ch. 38, par. 305)
    Sec. 5. The compensation for local pretrial services
agency personnel shall be commensurate with salaries and other
benefits accorded probation department employees.
(Source: P.A. 84-1449.)
 
    (725 ILCS 185/8)  (from Ch. 38, par. 308)
    Sec. 8. In addition to the foregoing, local pretrial
services agencies may with the approval of the chief judge
provide one or more of the following services to the circuit
court:
    (a) Supervise compliance with the terms and conditions
imposed by the courts for appeal bonds; and
    (b) Assist in such other pretrial services activities as
may be delegated to the agency by the court.
(Source: P.A. 84-1449.)
 
    (725 ILCS 185/9)  (from Ch. 38, par. 309)
    Sec. 9. Pretrial services agencies shall have standing
court authority to interview and process all persons charged
with non-capital felonies either before or after first
appearance if the person is in custody. The chief judge and
program director of the pretrial services agency may establish
interviewing priorities where resources do not permit total
coverage, but no other criteria shall be employed to exclude
categories of offenses or offenders from program operations.
(Source: P.A. 84-1449.)
 
    (725 ILCS 185/10)  (from Ch. 38, par. 310)
    Sec. 10. The chief judge and program director of the local
pretrial services agency shall continuously assess the
benefits of agency intervention before or after the first
appearance of accused persons. In determining the best
allocation of available resources, consideration shall be
given to current release practices of first appearance judges
in misdemeanor and lesser felony cases; the logistics of
pre-first appearance intervention where decentralized
detention facilities are utilized; the availability of
verification resources for pre-first appearance intervention;
and the ultimate goal of prompt and informed determinations of
pretrial release conditions.
(Source: P.A. 84-1449.)
 
    (725 ILCS 185/12)  (from Ch. 38, par. 312)
    Sec. 12. Interviews shall be individually conducted by
agency personnel in facilities or locations which assure an
adequate opportunity for discussion, consistent with security
needs.
    The chief judge or his designee shall maintain a
continuous liaison between the pretrial services agency
director and the sheriff, or other affected law enforcement
agencies, to assure that pretrial services interviewers have
prompt access consistent with security and law enforcement
needs to all prisoners after booking.
(Source: P.A. 84-1449.)
 
    (725 ILCS 185/13)  (from Ch. 38, par. 313)
    Sec. 13. Information received from the arrested person as
a result of the agency interview shall be recorded on uniform
interview forms created by the Office.
(Source: P.A. 84-1449.)
 
    (725 ILCS 185/14)  (from Ch. 38, par. 314)
    Sec. 14. The pretrial services agency shall, after
interviewing arrestees, immediately verify and supplement the
information required by the uniform interview form before
submitting its report to the court. Minimum verification shall
include the interviewee's prior criminal record, residency,
and employment circumstances. The chief judge or his designee
shall assist the pretrial services agency program director in
establishing and maintaining cooperation with the circuit
clerk and law enforcement information systems to assure the
prompt verification of prior criminal records.
(Source: P.A. 84-1449.)
 
    (725 ILCS 185/15)  (from Ch. 38, par. 315)
    Sec. 15. Verified and supplemental information assembled
by the pretrial services agency shall be recorded on a uniform
reporting form established by the Office Supreme Court.
(Source: P.A. 84-1449.)
 
    (725 ILCS 185/17)  (from Ch. 38, par. 317)
    Sec. 17. Reports shall be in writing, signed by an
authorized representative of the pretrial services agency, and
prepared on the uniform reporting form. Copies of the report
shall be provided to all parties and counsel of record. If the
report is filed with the court, the court shall deny public
access to the report.
(Source: P.A. 84-1449.)
 
    (725 ILCS 185/22)  (from Ch. 38, par. 322)
    Sec. 22. If so ordered by the court, the pretrial services
agency shall prepare and submit for the court's approval and
signature a uniform release order on the uniform form
established by the Office Supreme Court in all cases where an
interviewee may be released from custody under conditions
contained in an agency report. Such conditions shall become
part of the conditions of pretrial release. A copy of the
uniform release order shall be provided to the defendant and
defendant's attorney of record, and the prosecutor.
(Source: P.A. 101-652, eff. 1-1-23.)
 
    (725 ILCS 185/24)  (from Ch. 38, par. 324)
    Sec. 24. Where functions of the local pretrial services
agency have been delegated to a probation department or other
arm of the court under Section 3, their records shall be
segregated from other records. Two years after the date of the
first interview with a pretrial services agency
representative, the defendant may apply to the chief circuit
judge, or a judge designated by the chief circuit judge for
these purposes, for an order expunging from the records of the
pretrial services agency all files pertaining to the
defendant.
(Source: P.A. 84-1449.)
 
    (725 ILCS 185/30)  (from Ch. 38, par. 330)
    Sec. 30. Records and statistics shall be maintained by
local pretrial services agencies of their operations and
effect upon the criminal justice system, with monthly reports
submitted to the circuit court and the Office Supreme Court on
a uniform statistical form developed by the Supreme Court.
(Source: P.A. 84-1449.)
 
    (725 ILCS 185/33)  (from Ch. 38, par. 333)
    Sec. 33. The Office Supreme Court shall pay from funds
appropriated to it for this purpose 100% of all approved costs
for pretrial services, including pretrial services officers,
necessary support personnel, travel costs reasonably related
to the delivery of pretrial services, space costs, equipment,
telecommunications, postage, commodities, printing and
contractual services. Costs shall be reimbursed monthly, based
on an annual a plan and budget approved by the Office Supreme
Court. No department may be reimbursed for costs which exceed
or are not provided for in the approved annual plan and budget.
The Mandatory Arbitration Fund may be used to reimburse
approved costs for pretrial services.
(Source: P.A. 94-91, eff. 7-1-05; 94-839, eff. 6-6-06; 95-331,
eff. 8-21-07; 95-707, eff. 1-11-08.)
 
    (725 ILCS 185/6 rep.)
    Section 15. The Pretrial Services Act is amended by
repealing Section 6.
 
    Section 99. Effective date. This Act takes effect upon
becoming law, except that Sections 10 and 15 take effect on
July 1, 2025.

Effective Date: 7/1/2024