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Illinois Compiled Statutes

Information maintained by the Legislative Reference Bureau
Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide.

Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.

EXECUTIVE BRANCH
(20 ILCS 301/) Substance Use Disorder Act.

20 ILCS 301/Art. 55

 
    (20 ILCS 301/Art. 55 heading)
ARTICLE 55. MISCELLANEOUS PROVISIONS

20 ILCS 301/55-5

    (20 ILCS 301/55-5)
    Sec. 55-5. Application of Administrative Procedure Act. The Illinois Administrative Procedure Act is incorporated herein as if all of its provisions were included in this Act.
(Source: P.A. 88-80.)

20 ILCS 301/55-10

    (20 ILCS 301/55-10)
    Sec. 55-10. Immunity from civil or criminal liability. No intermediary person acting in good faith and without negligence in connection with the preparation of petitions, applications, certificates or other documents for apprehension, transportation, examination, treatment, detention or discharge or the taking into protective custody of an individual under the provisions of this Act shall incur any civil or criminal liability by reason of these acts.
(Source: P.A. 88-80.)

20 ILCS 301/55-15

    (20 ILCS 301/55-15)
    Sec. 55-15. Intoxication; local ordinances. No county, municipality or political subdivision may adopt or enforce any law that includes being intoxicated as the sole basis of the offense, nor interpret or apply any law to circumvent the provisions of this Section. However, nothing in this Section affects any law, ordinance, resolution or rule against driving under the influence of alcohol or other drugs, or any similar offense involving operation of a vehicle, aircraft, boat, machinery, or the use of firearms or other equipment. Nothing in this Section affects any law regarding the sale, purchase, use, possession or dispensing of drugs or alcohol at stated places, at stated times or by particular classes of persons.
(Source: P.A. 88-80.)

20 ILCS 301/55-20

    (20 ILCS 301/55-20)
    Sec. 55-20. Direct deposit of State payments. Any provider of services under this Act may elect to receive payment for those services, and the Department is authorized to arrange for that payment, by means of direct deposit transmittals to the service provider's account maintained at a bank, savings and loan association, or other financial institution. The financial institution must be approved by the Department, and the deposits shall be in accordance with rules adopted by the Department.
(Source: P.A. 88-80.)

20 ILCS 301/55-25

    (20 ILCS 301/55-25)
    Sec. 55-25. Drug court grant program.
    (a) Subject to appropriation, the Department shall establish a program to administer grants to local drug courts. Grant moneys may be used for the following purposes:
        (1) treatment or other clinical intervention through
    
an appropriately licensed provider;
        (2) monitoring, supervision, and clinical case
    
management via probation, Department Designated Programs, or licensed treatment providers;
        (3) transportation of the offender to required
    
appointments;
        (4) interdisciplinary and other training of both
    
clinical and legal professionals who are involved in the local drug court;
        (5) other activities including data collection
    
related to drug court operation and purchase of software or other administrative tools to assist in the overall management of the local system; or
        (6) court appointed special advocate programs.
    (b) The position of Statewide Drug Court Coordinator is created as a full-time position within the Department. The Statewide Drug Court Coordinator shall be responsible for the following:
        (1) coordinating training, technical assistance, and
    
overall support to drug courts in Illinois;
        (2) assisting in the development of new drug courts
    
and advising local partnerships on appropriate practices;
        (3) collecting data from local drug court
    
partnerships on drug court operations and aggregating that data into an annual report to be presented to the General Assembly; and
        (4) acting as a liaison between the State and the
    
Illinois Association of Drug Court Professionals.
(Source: P.A. 100-759, eff. 1-1-19.)

20 ILCS 301/55-30

    (20 ILCS 301/55-30)
    Sec. 55-30. Rate increase.
    (a) The Department shall by rule develop the increased rate methodology and annualize the increased rate beginning with State fiscal year 2018 contracts to licensed providers of community-based substance use disorder intervention or treatment, based on the additional amounts appropriated for the purpose of providing a rate increase to licensed providers. The Department shall adopt rules, including emergency rules under subsection (y) of Section 5-45 of the Illinois Administrative Procedure Act, to implement the provisions of this Section.
    (b) Within 30 days after June 4, 2018 (the effective date of Public Act 100-587), the Division of Substance Use Prevention and Recovery shall apply an increase in rates of 3% above the rate paid on June 30, 2017 to all Medicaid and non-Medicaid reimbursable service rates. The Department shall adopt rules, including emergency rules under subsection (bb) of Section 5-45 of the Illinois Administrative Procedure Act, to implement the provisions of this subsection (b).
(Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18; 100-759, eff. 1-1-19; 101-81, eff. 7-12-19.)

20 ILCS 301/55-35

    (20 ILCS 301/55-35)
    Sec. 55-35. Tobacco enforcement.
    (a) The Department of Human Services may contract with the Food and Drug Administration of the U.S. Department of Health and Human Services to conduct unannounced investigations of Illinois tobacco vendors to determine compliance with federal laws relating to the illegal sale of cigarettes and smokeless tobacco products to persons under the age of 18.
    (b) Grant funds received from the Food and Drug Administration of the U.S. Department of Health and Human Services for conducting unannounced investigations of Illinois tobacco vendors shall be deposited into the Tobacco Settlement Recovery Fund starting July 1, 2018.
(Source: P.A. 100-1012, eff. 8-21-18; 101-81, eff. 7-12-19.)

20 ILCS 301/55-40

    (20 ILCS 301/55-40)
    Sec. 55-40. Recovery residences.
    (a) As used in this Section, "recovery residence" means a sober, safe, and healthy living environment that promotes recovery from alcohol and other drug use and associated problems. These residences are not subject to Department licensure as they are viewed as independent living residences that only provide peer support and a lengthened exposure to the culture of recovery.
    (b) The Department shall develop and maintain an online registry for recovery residences that operate in Illinois to serve as a resource for individuals seeking continued recovery assistance.
    (c) Non-licensable recovery residences are encouraged to register with the Department and the registry shall be publicly available through online posting.
    (d) The registry shall indicate any accreditation, certification, or licensure that each recovery residence has received from an entity that has developed uniform national standards. The registry shall also indicate each recovery residence's location in order to assist providers and individuals in finding alcohol and drug free housing options with like-minded residents who are committed to alcohol and drug free living.
    (e) Registrants are encouraged to seek national accreditation from any entity that has developed uniform State or national standards for recovery residences.
    (f) The Department shall include a disclaimer on the registry that states that the recovery residences are not regulated by the Department and their listing is provided as a resource but not as an endorsement by the State.
(Source: P.A. 100-1062, eff. 1-1-19; 101-81, eff. 7-12-19.)