SB3419 103RD GENERAL ASSEMBLY

LRB103 38442 RLC 68578 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB3419

Introduced 2/8/2024, by Sen. Napoleon Harris, III

SYNOPSIS AS INTRODUCED:

730 ILCS 5/3-6-9 new

Amends the Unified Code of Corrections. Provides that the Department of Corrections shall ensure all persons under its care are assessed for substance use disorder, as defined in the Substance Use Disorder Act. Provides that this process includes screening and assessment for opioid use disorders. Provides that, for committed persons diagnosed with opioid use disorder, the Department shall offer, or facilitate access to, all medication-assisted treatment options deemed appropriate by an authorized health care professional. Provides that the Department shall not impose limitations on the types of medication-assisted treatment that may be recommended by an authorized health care professional as part of a treatment plan. Provides that an individual receiving medication-assisted treatment prior to being committed to a Department of Corrections facility shall be entitled to, upon request, continue such treatment in the medication-assisted treatment program for any period of time deemed medically necessary by an authorized health care professional. Provides that no person shall be denied participation in medication-assisted treatment on the basis of a positive drug screening upon entering the Department's custody, nor shall any person receive a disciplinary infraction for such positive drug screen. No person shall be denied participation in medication-assisted treatment based on prior success of failure of any medication-assisted treatment program. Provides that the Department may adopt rules for the implementation of these provisions. Effective January 1, 2025.

A BILL FOR

AN ACT concerning criminal law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Unified Code of Corrections is amended by adding Section 3-6-9 as follows:

(730 ILCS 5/3-6-9 new)

Sec. 3-6-9. Treatment for committed persons with substance use disorders.

(a)(1) The General Assembly finds that:

(A) The Department of Corrections does not currently have extensive medication-assisted treatment programs readily available to meet the needs of all committed persons with opioid use disorder, despite estimates that more than half of the committed population meets the criteria for having a substance use disorder.

(B) Providing timely access to medication-assisted treatment in correctional settings reduces recidivism, overdose risk following release, and improves treatment retention. Withholding evidence-based opioid use disorder treatment increases risk for death during detention and upon release.

(C) According to the Department of Human Services, up to 75% of parolees who leave prison without treatment for an identified substance use disorder resume substance use within 3 months of release.

(D) Studies demonstrate that in the first 2 weeks after release, the risk of opioid overdose is 40 times higher for those who were incarcerated compared to the general population.

(E) It is the stated position of the U.S. Substance Abuse and Mental Health Services Administration that no justification exists for denying access to medications for opioid use disorder because psychosocial services are unavailable or individuals are unwilling to avail themselves of those services.

(F) The U.S. Department of Justice has determined that individuals with opioid use disorder are protected under the Americans with Disabilities Act of 1990.

(G) In community-based settings, such as opioid treatment programs and primary care facilities, medication-assisted treatment has been proven to reduce overdose deaths and illicit opioid use. Individuals with opioid use disorder living in correctional settings are entitled to the same level of care as those in community-based settings.

(2) In alignment with the State of Illinois Overdose Action Plan, the purpose of this Section is to facilitate timely access to medication-assisted treatment options and therapies to all individuals under the care of the Illinois Department of Corrections who are diagnosed with opioid use disorder.

(b) In this Section:

"Authorized 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.

"Department" means the Department of Corrections.

"Medication-assisted treatment" means the use of U.S. Food and Drug Administration-approved medications, in combination with counseling and behavioral therapies, to provide a whole patient approach to the treatment of substance use disorders.

(c) The Department shall ensure that all persons under its care are assessed for substance use disorder, as defined in the Substance Use Disorder Act. This process includes screening and assessment for opioid use disorders. For committed persons diagnosed with opioid use disorder, the Department shall offer, or facilitate access to, all medication-assisted treatment options deemed appropriate by an authorized health care professional. The Department shall not impose limitations on the types of medication-assisted treatment that may be recommended by an authorized health care professional as part of a treatment plan.

(d) An individual receiving medication-assisted treatment prior to being committed to a Department of Corrections facility shall be entitled to, upon request, continue such treatment in the medication-assisted treatment program for any period of time deemed medically necessary by an authorized health care professional. No person shall be denied participation in medication-assisted treatment on the basis of a positive drug screening upon entering the Department's custody, nor shall any person receive a disciplinary infraction for such positive drug screen. No person shall be denied participation in medication-assisted treatment based on prior success of failure of any medication-assisted treatment program.

(e) The Department may adopt rules for the implementation of this Section.

Section 99. Effective date. This Act takes effect on January 1, 2025.