Illinois General Assembly - Full Text of SB3023
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Full Text of SB3023  100th General Assembly

SB3023enr 100TH GENERAL ASSEMBLY

  
  
  

 


 
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1    AN ACT concerning substance use disorder treatment.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Community-Law Enforcement Partnership for Deflection and
6Substance Use Disorder Treatment Act.
 
7    Section 5. Purposes. The General Assembly hereby
8acknowledges that opioid use disorders, overdoses, and deaths
9in Illinois are persistent and growing concerns for Illinois
10communities. These concerns compound existing challenges to
11adequately address and manage substance use and mental health
12disorders. Law enforcement officers have a unique opportunity
13to facilitate connections to community-based behavioral health
14interventions that provide substance use treatment and can help
15save and restore lives; help reduce drug use, overdose
16incidence, criminal offending, and recidivism; and help
17prevent arrest and conviction records that destabilize health,
18families, and opportunities for community citizenship and
19self-sufficiency. These efforts are bolstered when pursued in
20partnership with licensed behavioral health treatment
21providers and community members or organizations. It is the
22intent of the General Assembly to authorize law enforcement to
23develop and implement collaborative deflection programs in

 

 

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1Illinois that offer immediate pathways to substance use
2treatment and other services as an alternative to traditional
3case processing and involvement in the criminal justice system.
 
4    Section 10. Definitions. In this Act:
5    "Case management" means those services which will assist
6persons in gaining access to needed social, educational,
7medical, substance use and mental health treatment, and other
8services.
9    "Community member or organization" means an individual
10volunteer, resident, public office, or a not-for-profit
11organization, religious institution, charitable organization,
12or other public body committed to the improvement of individual
13and family mental and physical well-being and the overall
14social welfare of the community, and may include persons with
15lived experience in recovery from substance use disorder,
16either themselves or as family members.
17    "Deflection program" means a program in which a peace
18officer or member of a law enforcement agency facilitates
19contact between an individual and a licensed substance use
20treatment provider or clinician for assessment and
21coordination of treatment planning. This facilitation includes
22defined criteria for eligibility and communication protocols
23agreed to by the law enforcement agency and the licensed
24treatment provider for the purpose of providing substance use
25treatment to those persons in lieu of arrest or further justice

 

 

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1system involvement. Deflection programs may include, but are
2not limited to, the following types of responses:
3        (1) a post-overdose deflection response initiated by a
4    peace officer or law enforcement agency subsequent to
5    emergency administration of medication to reverse an
6    overdose, or in cases of severe substance use disorder with
7    acute risk for overdose;
8        (2) a self-referral deflection response initiated by
9    an individual by contacting a peace officer or law
10    enforcement agency in the acknowledgment of their
11    substance use or disorder;
12        (3) an active outreach deflection response initiated
13    by a peace officer or law enforcement agency as a result of
14    proactive identification of persons thought likely to have
15    a substance use disorder;
16        (4) an officer prevention deflection response
17    initiated by a peace officer or law enforcement agency in
18    response to a community call when no criminal charges are
19    present; and
20        (5) an officer intervention deflection response when
21    criminal charges are present but held in abeyance pending
22    engagement with treatment.
23    "Law enforcement agency" means a municipal police
24department or county sheriff's office of this State, the
25Department of State Police, or other law enforcement agency
26whose officers, by statute, are granted and authorized to

 

 

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1exercise powers similar to those conferred upon any peace
2officer employed by a law enforcement agency of this State.
3    "Licensed treatment provider" means an organization
4licensed by the Department of Human Services to perform an
5activity or service, or a coordinated range of those activities
6or services, as the Department of Human Services may establish
7by rule, such as the broad range of emergency, outpatient,
8intensive outpatient, and residential services and care,
9including assessment, diagnosis, case management, medical,
10psychiatric, psychological and social services,
11medication-assisted treatment, care and counseling, and
12recovery support, which may be extended to persons to assess or
13treat substance use disorder or to families of those persons.
14    "Peace officer" means any peace officer or member of any
15duly organized State, county, or municipal peace officer unit,
16any police force of another State, or any police force whose
17members, by statute, are granted and authorized to exercise
18powers similar to those conferred upon any peace officer
19employed by a law enforcement agency of this State.
20    "Substance use disorder" means a pattern of use of alcohol
21or other drugs leading to clinical or functional impairment, in
22accordance with the definition in the Diagnostic and
23Statistical Manual of Mental Disorders (DSM-5), or in any
24subsequent editions.
25    "Treatment" means the broad range of emergency,
26outpatient, intensive outpatient, and residential services and

 

 

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1care (including assessment, diagnosis, case management,
2medical, psychiatric, psychological and social services,
3medication-assisted treatment, care and counseling, and
4recovery support) which may be extended to persons who have
5substance use disorders, persons with mental illness, or
6families of those persons.
 
7    Section 15. Authorization.
8    (a) Any law enforcement agency may establish a deflection
9program subject to the provisions of this Act in partnership
10with one or more licensed providers of substance use disorder
11treatment services and one or more community members or
12organizations.
13    (b) The deflection program may involve a post-overdose
14deflection response, a self-referral deflection response, an
15active outreach deflection response, an officer prevention
16deflection response, or an officer intervention deflection
17response, or any combination of those.
18    (c) Nothing shall preclude the General Assembly from adding
19other responses to a deflection program, or preclude a law
20enforcement agency from developing a deflection program
21response based on a model unique and responsive to local
22issues, substance use or mental health needs, and partnerships,
23using sound and promising or evidence-based practices.
24    (c-5) Whenever appropriate and available, case management
25should be provided by a licensed treatment provider or other

 

 

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1appropriate provider and may include peer recovery support
2approaches.
3    (d) To receive funding for activities as described in
4Section 35 of this Act, planning for the deflection program
5shall include:
6        (1) the involvement of one or more licensed treatment
7    programs and one or more community member or organization;
8    and
9        (2) an agreement with the Illinois Criminal Justice
10    Information Authority to collect and evaluate relevant
11    statistical data related to the program, as established by
12    the Illinois Criminal Justice Information Authority in
13    paragraph (2) of subsection (a) of Section 25 of this Act.
 
14    Section 20. Procedure. The law enforcement agency,
15licensed treatment providers, and community members or
16organizations shall establish a local deflection program plan
17that includes protocols and procedures for participant
18identification, screening or assessment, treatment
19facilitation, reporting, and ongoing involvement of the law
20enforcement agency. Licensed substance use disorder treatment
21organizations shall adhere to 42 CFR Part 2 regarding
22confidentiality regulations for information exchange or
23release. Substance use disorder treatment services shall
24adhere to all regulations specified in Department of Human
25Services Administrative Rules, Parts 2060 and 2090.
 

 

 

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1    Section 25. Reporting and evaluation.
2    (a) The Illinois Criminal Justice Information Authority,
3in conjunction with an association representing police chiefs
4and the Department of Human Services' Division of Substance Use
5Prevention and Recovery, shall within 6 months of the effective
6date of this Act:
7        (1) develop a set of minimum data to be collected from
8    each deflection program and reported annually, beginning
9    one year after the effective date of this Act, by the
10    Illinois Criminal Justice Information Authority,
11    including, but not limited to, demographic information on
12    program participants, number of law enforcement encounters
13    that result in a treatment referral, and time from law
14    enforcement encounter to treatment engagement; and
15        (2) develop a performance measurement system,
16    including key performance indicators for deflection
17    programs including, but not limited to, rate of treatment
18    engagement at 30 days from the point of initial contact.
19    Each program that receives funding for services under
20    Section 35 of this Act shall include the performance
21    measurement system in its local plan and report data
22    quarterly to the Illinois Criminal Justice Information
23    Authority for the purpose of evaluation of deflection
24    programs in aggregate.
25    (b) The Illinois Criminal Justice Information Authority

 

 

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1shall make statistical data collected under subsection (a) of
2this Section available to the Department of Human Services,
3Division of Substance Use Prevention and Recovery for inclusion
4in planning efforts for services to persons with criminal
5justice or law enforcement involvement.
 
6    Section 30. Exemption from civil liability. The law
7enforcement agency or peace officer acting in good faith shall
8not, as the result of acts or omissions in providing services
9under Section 15 of this Act, be liable for civil damages,
10unless the acts or omissions constitute willful and wanton
11misconduct.
 
12    Section 35. Funding.
13    (a) The General Assembly may appropriate funds to the
14Illinois Criminal Justice Information Authority for the
15purpose of funding law enforcement agencies for services
16provided by deflection program partners as part of deflection
17programs subject to subsection (d) of Section 15 of this Act.
18    (b) The Illinois Criminal Justice Information Authority
19may adopt guidelines and requirements to direct the
20distribution of funds for expenses related to deflection
21programs. Funding shall be made available to support both new
22and existing deflection programs in a broad spectrum of
23geographic regions in this State, including urban, suburban,
24and rural communities. Activities eligible for funding under

 

 

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1this Act may include, but are not limited to, the following:
2        (1) activities related to program administration,
3    coordination, or management, including, but not limited
4    to, the development of collaborative partnerships with
5    licensed treatment providers and community members or
6    organizations; collection of program data; or monitoring
7    of compliance with a local deflection program plan;
8        (2) case management including case management provided
9    prior to assessment, diagnosis, and engagement in
10    treatment, as well as assistance navigating and gaining
11    access to various treatment modalities and support
12    services;
13        (3) peer recovery or recovery support services that
14    include the perspectives of persons with the experience of
15    recovering from a substance use disorder, either
16    themselves or as family members;
17        (4) transportation to a licensed treatment provider or
18    other program partner location;
19        (5) program evaluation activities.
20    (c) Specific linkage agreements with recovery support
21services or self-help entities may be a requirement of the
22program services protocols. All deflection programs shall
23encourage the involvement of key family members and significant
24others as a part of a family-based approach to treatment. All
25deflection programs are encouraged to use evidence-based
26practices and outcome measures in the provision of substance

 

 

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1use disorder treatment and medication assisted treatment for
2persons with opioid use disorders.