Public Act 90-0135 of the 90th General Assembly
Public Act 90-0135
SB292 Enrolled LRB9002324RCks
AN ACT to amend the Alcoholism and Other Drug Abuse and
Dependency Act by changing Section 1-10.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Alcoholism and Other Drug Abuse and
Dependency Act is amended by changing Section 1-10 as
follows:
(20 ILCS 301/1-10)
(Text of Section before amendment by P.A. 89-507)
Sec. 1-10. Definitions. As used in this Act, unless the
context clearly indicates otherwise, the following words and
terms have the following meanings:
"Act" means the Alcoholism and Other Drug Abuse and
Dependency Act.
"Addict" means a person who exhibits the disease known as
"addiction".
"Addiction" means a disease process characterized by the
continued use of a specific psycho-active substance despite
physical, psychological or social harm. The term also
describes the advanced stages of chemical dependency.
"Administrator" means a person responsible for
administration of a program.
"Alcoholic" means a person who exhibits the disease known
as "alcoholism".
"Alcoholism" means a chronic and progressive disease or
illness characterized by preoccupation with and loss of
control over the consumption of alcohol, and the use of
alcohol despite adverse consequences. Typically,
combinations of the following tendencies are also present:
periodic or chronic intoxication; physical disability;
impaired emotional, occupational or social adjustment;
tendency toward relapse; a detrimental effect on the
individual, his family and society; psychological dependence;
and physical dependence. Alcoholism is also known as
addiction to alcohol. Alcoholism is described and further
categorized in clinical detail in the DSM and the ICD.
"Array of services" means assistance to individuals,
families and communities in response to alcohol or other drug
abuse or dependency. The array of services includes, but is
not limited to: prevention assistance for communities and
schools; case finding, assessment and intervention to help
individuals stop abusing alcohol or other drugs; case
management; detoxification to aid individuals in physically
withdrawing from alcohol or other drugs; short-term and
long-term treatment and support services to help individuals
and family members begin the process of recovery;
prescription and dispensing of the drug methadone or other
medications as an adjunct to treatment; relapse prevention
services; education and counseling for children or other
co-dependents of alcoholics or other drug abusers or addicts.
"Case management" means those services which will assist
individuals in gaining access to needed social, educational,
medical, treatment and other services.
"Children of alcoholics or drug addicts or abusers of
alcohol and other drugs" means the minor or adult children of
individuals who have abused or been dependent upon alcohol or
other drugs. These children may or may not become dependent
upon alcohol or other drugs themselves; however, they are
physically, psychologically, and behaviorally at high risk of
developing the illness. Children of alcoholics and other
drug abusers experience emotional and other problems, and
benefit from prevention and treatment services provided by
funded and non-funded agencies licensed by the Department.
"Co-dependents" means individuals who are involved in the
lives of and are affected by people who are dependent upon
alcohol and other drugs. Co-dependents compulsively engage
in behaviors that cause them to suffer adverse physical,
emotional, familial, social, behavioral, vocational, and
legal consequences as they attempt to cope with the alcohol
or drug dependent person. People who become co-dependents
include spouses, parents, siblings, and friends of alcohol or
drug dependent people. Co-dependents benefit from prevention
and treatment services provided by agencies licensed by the
Department.
"Controlled substance" means any substance or immediate
precursor which is enumerated in the schedules of Article II
of the Illinois Controlled Substances Act or the Cannabis
Control Act.
"Crime of violence" means any of the following crimes:
murder, voluntary manslaughter, criminal sexual assault,
aggravated criminal sexual assault, predatory criminal sexual
assault of a child, armed robbery, robbery, arson,
kidnapping, aggravated battery, aggravated arson, or any
other felony which involves the use or threat of physical
force or violence against another individual.
"Department" means the Illinois Department of Alcoholism
and Substance Abuse.
"Designated program" means a program designated by the
Department to provide services described in subsection (c) or
(d) of Section 15-10 of this Act. A designated program's
primary function is screening, assessing, referring and
tracking clients identified by the criminal justice system,
and the program agrees to apply statewide the standards,
uniform criteria and procedures established by the Department
pursuant to such designation.
"Detoxification" means the process of allowing an
individual to safely withdraw from a drug in a controlled
environment.
"Director" means the Director of the Illinois Department
of Alcoholism and Substance Abuse or his designee.
"DSM" means the most current edition of the Diagnostic
and Statistical Manual of Mental Disorders.
"D.U.I." means driving under the influence of alcohol or
other substances which may cause impairment of driving
ability.
"Facility" means the building or premises which are used
for the provision of licensable program services, including
support services, as set forth by rule.
"ICD" means the most current edition of the International
Classification of Diseases.
"Incapacitated" means that a person is unconscious or
otherwise exhibits, by overt behavior or by extreme physical
debilitation, an inability to care for his own needs or to
recognize the obvious danger of his situation or to make
rational decisions with respect to his need for treatment.
"Intermediary person" means a person with expertise
relative to addiction, alcoholism, and the abuse of alcohol
or other drugs who may be called on to assist the police in
carrying out enforcement or other activities with respect to
persons who abuse or are dependent on alcohol or other drugs.
"Intervention" means readily accessible activities which
assist individuals and their partners or family members in
coping with the immediate problems of alcohol and other drug
abuse or dependency, and in reducing their alcohol and other
drug use. Intervention can facilitate emotional and social
stability, and involves referring people for further
treatment as needed.
"Intoxicated person" means a person whose mental or
physical functioning is substantially impaired as a result of
the current effects of alcohol or other drugs within the
body.
"Local advisory council" means an alcohol and substance
abuse body established in a county, township or community
area, which represents public and private entities having an
interest in the prevention and treatment of alcoholism or
other drug abuse.
"Off-site services" means licensable program services or
activities which are conducted at a location separate from
the primary service location of the provider, and which
services are operated by a program or entity licensed under
this Act.
"Person" means any individual, firm, group, association,
partnership, corporation, trust, government or governmental
subdivision or agency.
"Prevention" means an interactive process of individuals,
families, schools, religious organizations, communities and
regional, state and national organizations to reduce
alcoholism, prevent the use of illegal drugs and the abuse of
legal drugs by persons of all ages, prevent the use of
alcohol by minors, build the capacities of individuals and
systems, and promote healthy environments, lifestyles and
behaviors.
"Program" means a licensable or fundable activity or
service, or a coordinated range of such activities or
services, as the Department may establish by rule.
"Recovery" means the long-term, often life-long, process
in which an addicted person changes the way in which he makes
decisions and establishes personal and life priorities. The
evolution of this decision-making and priority-setting
process is generally manifested by an obvious improvement in
the individual's life and lifestyle and by his overcoming the
abuse of or dependence on alcohol or other drugs. Recovery
is also generally manifested by prolonged periods of
abstinence from addictive chemicals which are not medically
supervised. Recovery is the goal of treatment.
"Rehabilitation" means a process whereby those clinical
services necessary and appropriate for improving an
individual's life and lifestyle and for overcoming his or her
abuse of or dependency upon alcohol or other drugs, or both,
are delivered in an appropriate setting and manner as defined
in rules established by the Department.
"Relapse" means a process which is manifested by a
progressive pattern of behavior that reactivates the symptoms
of a disease or creates debilitating conditions in an
individual who has experienced remission from addiction or
alcoholism.
"Substance abuse" or "abuse" means a pattern of use of
alcohol or other drugs with the potential of leading to
immediate functional problems or to alcoholism or other drug
dependency, or to the use of alcohol and/or other drugs
solely for purposes of intoxication. The term also means the
use of illegal drugs by persons of any age, and the use of
alcohol by persons under the age of 21.
"Treatment" means the broad range of emergency,
outpatient, intermediate and residential services and care
(including assessment, diagnosis, medical, psychiatric,
psychological and social services, care and counseling, and
aftercare) which may be extended to individuals who abuse or
are dependent on alcohol or other drugs or families of those
persons.
(Source: P.A. 88-80; 89-202, eff. 7-21-95; 89-428, eff.
12-13-95; 89-462, eff. 5-29-96; revised 9-10-96.)
(Text of Section after amendment by P.A. 89-507)
Sec. 1-10. Definitions. As used in this Act, unless the
context clearly indicates otherwise, the following words and
terms have the following meanings:
"Act" means the Alcoholism and Other Drug Abuse and
Dependency Act.
"Addict" means a person who exhibits the disease known as
"addiction".
"Addiction" means a disease process characterized by the
continued use of a specific psycho-active substance despite
physical, psychological or social harm. The term also
describes the advanced stages of chemical dependency.
"Administrator" means a person responsible for
administration of a program.
"Alcoholic" means a person who exhibits the disease known
as "alcoholism".
"Alcoholism" means a chronic and progressive disease or
illness characterized by preoccupation with and loss of
control over the consumption of alcohol, and the use of
alcohol despite adverse consequences. Typically,
combinations of the following tendencies are also present:
periodic or chronic intoxication; physical disability;
impaired emotional, occupational or social adjustment;
tendency toward relapse; a detrimental effect on the
individual, his family and society; psychological dependence;
and physical dependence. Alcoholism is also known as
addiction to alcohol. Alcoholism is described and further
categorized in clinical detail in the DSM and the ICD.
"Array of services" means assistance to individuals,
families and communities in response to alcohol or other drug
abuse or dependency. The array of services includes, but is
not limited to: prevention assistance for communities and
schools; case finding, assessment and intervention to help
individuals stop abusing alcohol or other drugs; case
management; detoxification to aid individuals in physically
withdrawing from alcohol or other drugs; short-term and
long-term treatment and support services to help individuals
and family members begin the process of recovery;
prescription and dispensing of the drug methadone or other
medications as an adjunct to treatment; relapse prevention
services; education and counseling for children or other
co-dependents of alcoholics or other drug abusers or addicts.
"Case management" means those services which will assist
individuals in gaining access to needed social, educational,
medical, treatment and other services.
"Children of alcoholics or drug addicts or abusers of
alcohol and other drugs" means the minor or adult children of
individuals who have abused or been dependent upon alcohol or
other drugs. These children may or may not become dependent
upon alcohol or other drugs themselves; however, they are
physically, psychologically, and behaviorally at high risk of
developing the illness. Children of alcoholics and other
drug abusers experience emotional and other problems, and
benefit from prevention and treatment services provided by
funded and non-funded agencies licensed by the Department.
"Co-dependents" means individuals who are involved in the
lives of and are affected by people who are dependent upon
alcohol and other drugs. Co-dependents compulsively engage
in behaviors that cause them to suffer adverse physical,
emotional, familial, social, behavioral, vocational, and
legal consequences as they attempt to cope with the alcohol
or drug dependent person. People who become co-dependents
include spouses, parents, siblings, and friends of alcohol or
drug dependent people. Co-dependents benefit from prevention
and treatment services provided by agencies licensed by the
Department.
"Controlled substance" means any substance or immediate
precursor which is enumerated in the schedules of Article II
of the Illinois Controlled Substances Act or the Cannabis
Control Act.
"Crime of violence" means any of the following crimes:
murder, voluntary manslaughter, criminal sexual assault,
aggravated criminal sexual assault, predatory criminal sexual
assault of a child, armed robbery, robbery, arson,
kidnapping, aggravated battery, aggravated arson, or any
other felony which involves the use or threat of physical
force or violence against another individual.
"Department" means the Illinois Department of Human
Services as successor to the former Department of Alcoholism
and Substance Abuse.
"Designated program" means a program designated by the
Department to provide services described in subsection (c) or
(d) of Section 15-10 of this Act. A designated program's
primary function is screening, assessing, referring and
tracking clients identified by the criminal justice system,
and the program agrees to apply statewide the standards,
uniform criteria and procedures established by the Department
pursuant to such designation.
"Detoxification" means the process of allowing an
individual to safely withdraw from a drug in a controlled
environment.
"DSM" means the most current edition of the Diagnostic
and Statistical Manual of Mental Disorders.
"D.U.I." means driving under the influence of alcohol or
other substances which may cause impairment of driving
ability.
"Facility" means the building or premises which are used
for the provision of licensable program services, including
support services, as set forth by rule.
"ICD" means the most current edition of the International
Classification of Diseases.
"Incapacitated" means that a person is unconscious or
otherwise exhibits, by overt behavior or by extreme physical
debilitation, an inability to care for his own needs or to
recognize the obvious danger of his situation or to make
rational decisions with respect to his need for treatment.
"Intermediary person" means a person with expertise
relative to addiction, alcoholism, and the abuse of alcohol
or other drugs who may be called on to assist the police in
carrying out enforcement or other activities with respect to
persons who abuse or are dependent on alcohol or other drugs.
"Intervention" means readily accessible activities which
assist individuals and their partners or family members in
coping with the immediate problems of alcohol and other drug
abuse or dependency, and in reducing their alcohol and other
drug use. Intervention can facilitate emotional and social
stability, and involves referring people for further
treatment as needed.
"Intoxicated person" means a person whose mental or
physical functioning is substantially impaired as a result of
the current effects of alcohol or other drugs within the
body.
"Local advisory council" means an alcohol and substance
abuse body established in a county, township or community
area, which represents public and private entities having an
interest in the prevention and treatment of alcoholism or
other drug abuse.
"Off-site services" means licensable program services or
activities which are conducted at a location separate from
the primary service location of the provider, and which
services are operated by a program or entity licensed under
this Act.
"Person" means any individual, firm, group, association,
partnership, corporation, trust, government or governmental
subdivision or agency.
"Prevention" means an interactive process of individuals,
families, schools, religious organizations, communities and
regional, state and national organizations to reduce
alcoholism, prevent the use of illegal drugs and the abuse of
legal drugs by persons of all ages, prevent the use of
alcohol by minors, build the capacities of individuals and
systems, and promote healthy environments, lifestyles and
behaviors.
"Program" means a licensable or fundable activity or
service, or a coordinated range of such activities or
services, as the Department may establish by rule.
"Recovery" means the long-term, often life-long, process
in which an addicted person changes the way in which he makes
decisions and establishes personal and life priorities. The
evolution of this decision-making and priority-setting
process is generally manifested by an obvious improvement in
the individual's life and lifestyle and by his overcoming the
abuse of or dependence on alcohol or other drugs. Recovery
is also generally manifested by prolonged periods of
abstinence from addictive chemicals which are not medically
supervised. Recovery is the goal of treatment.
"Rehabilitation" means a process whereby those clinical
services necessary and appropriate for improving an
individual's life and lifestyle and for overcoming his or her
abuse of or dependency upon alcohol or other drugs, or both,
are delivered in an appropriate setting and manner as defined
in rules established by the Department.
"Relapse" means a process which is manifested by a
progressive pattern of behavior that reactivates the symptoms
of a disease or creates debilitating conditions in an
individual who has experienced remission from addiction or
alcoholism.
"Secretary" means the Secretary of Human Services or his
or her designee.
"Substance abuse" or "abuse" means a pattern of use of
alcohol or other drugs with the potential of leading to
immediate functional problems or to alcoholism or other drug
dependency, or to the use of alcohol and/or other drugs
solely for purposes of intoxication. The term also means the
use of illegal drugs by persons of any age, and the use of
alcohol by persons under the age of 21.
"Treatment" means the broad range of emergency,
outpatient, intermediate and residential services and care
(including assessment, diagnosis, medical, psychiatric,
psychological and social services, care and counseling, and
aftercare) which may be extended to individuals who abuse or
are dependent on alcohol or other drugs or families of those
persons.
(Source: P.A. 88-80; 89-202, eff. 7-21-95; 89-428, eff.
12-13-95; 89-462, eff. 5-29-96; 89-507, eff. 7-1-97; revised
9-10-96.)
Section 95. No acceleration or delay. Where this Act
makes changes in a statute that is represented in this Act by
text that is not yet or no longer in effect (for example, a
Section represented by multiple versions), the use of that
text does not accelerate or delay the taking effect of (i)
the changes made by this Act or (ii) provisions derived from
any other Public Act.
Section 99. Effective date. This Act takes effect upon
becoming law.