50 ILCS 71/10

(50 ILCS 71/10) (was 5 ILCS 820/10)

Sec. 10. Definitions. In this Act:

"Case management" means those services which use evidence-based practices, including harm reduction and motivational interviewing, to assist persons in gaining access to needed social, educational, medical, substance use and mental health treatment, and other services.

"Community member or organization" means an individual volunteer, resident, public office, or a not-for-profit organization, religious institution, charitable organization, or other public body committed to the improvement of individual and family mental and physical well-being and the overall social welfare of the community, and may include persons with lived experience in recovery from substance use disorder, either themselves or as family members.

"Other first responder" means and includes emergency medical services providers that are public units of government, fire departments and districts, and officials and responders representing and employed by these entities.

"Deflection program" means a program in which a peace officer or member of a law enforcement agency, other first responder, or local government agency facilitates contact between an individual and a licensed substance use treatment provider, clinician, or case management agency for assessment and coordination of treatment planning, including co-responder approaches that incorporate behavioral health, peer, or social work professionals with law enforcement or other first responders at the scene. This facilitation includes defined criteria for eligibility and communication protocols agreed to by the law enforcement agency or other first responder entity and the licensed treatment provider or case management agency for the purpose of providing substance use treatment or care collaboration to those persons in lieu of arrest or further justice system involvement, or unnecessary admissions to the emergency department. Deflection programs may include, but are not limited to, the following types of responses:

(1) a post-overdose deflection response initiated by a peace officer or law enforcement agency subsequent to emergency administration of medication to reverse an overdose, or in cases of severe substance use disorder with acute risk for overdose;

(2) a self-referral deflection response initiated by an individual by contacting a peace officer, law enforcement agency, other first responder, or local government agency in the acknowledgment of their substance use or disorder;

(3) an active outreach deflection response initiated by a peace officer, law enforcement agency, other first responder, or local government agency as a result of proactive identification of persons thought likely to have a substance use disorder or untreated or undiagnosed mental illness;

(4) an officer, other first responder, or local government agency prevention deflection response initiated by a peace officer, law enforcement agency, or local government agency in response to a community call when no criminal charges are present;

(5) an officer intervention during routine activities, such as patrol or response to a service call during which a referral to treatment, to services, or to a case manager is made in lieu of arrest.

"Harm reduction" means a reduction of, or attempt to reduce, the adverse consequences of substance use, including, but not limited to, by addressing the substance use and conditions that give rise to the substance use. "Harm reduction" includes, but is not limited to, syringe service programs, naloxone distribution, and public awareness campaigns about the Good Samaritan Act.

"Law enforcement agency" means a municipal police department or county sheriff's office of this State, the Illinois State Police, or other law enforcement agency whose officers, by statute, are granted and authorized to exercise powers similar to those conferred upon any peace officer employed by a law enforcement agency of this State.

"Licensed treatment provider" means an organization licensed by the Department of Human Services to perform an activity or service, or a coordinated range of those activities or services, as the Department of Human Services may establish by rule, such as the broad range of emergency, outpatient, intensive outpatient, and residential services and care, including assessment, diagnosis, case management, medical, psychiatric, psychological and social services, medication-assisted treatment, care and counseling, and recovery support, which may be extended to persons to assess or treat substance use disorder or to families of those persons.

"Local government agency" means a county, municipality, or township office, a State's Attorney's Office, a Public Defender's Office, or a local health department.

"Peace officer" means any peace officer or member of any duly organized State, county, or municipal peace officer unit, any police force of another State, or any police force whose members, by statute, are granted and authorized to exercise powers similar to those conferred upon any peace officer employed by a law enforcement agency of this State.

"Substance use disorder" means a pattern of use of alcohol or other drugs leading to clinical or functional impairment, in accordance with the definition in the Diagnostic and Statistical Manual of Mental Disorders (DSM-5), or in any subsequent editions.

"Treatment" means the broad range of emergency, outpatient, intensive outpatient, and residential services and care (including assessment, diagnosis, case management, medical, psychiatric, psychological and social services, medication-assisted treatment, care and counseling, and recovery support) which may be extended to persons who have substance use disorders, persons with mental illness, or families of those persons.

(Source: P.A. 102-538, eff. 8-20-21; 102-813, eff. 5-13-22; 103-361, eff. 1-1-24.)