Illinois General Assembly - Full Text of HB3893
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Full Text of HB3893  97th General Assembly


Rep. Esther Golar

Filed: 3/22/2012





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2    AMENDMENT NO. ______. Amend House Bill 3893, AS AMENDED, by
3replacing everything after the enacting clause with the
5    "Section 5. The Alcoholism and Other Drug Abuse and
6Dependency Act is amended by changing Section 1-10 as follows:
7    (20 ILCS 301/1-10)
8    Sec. 1-10. Definitions. As used in this Act, unless the
9context clearly indicates otherwise, the following words and
10terms have the following meanings:
11    "Act" means the Alcoholism and Other Drug Abuse and
12Dependency Act.
13    "Addict" means a person who exhibits the disease known as
15    "Addiction" means a disease process characterized by the
16continued use of a specific psycho-active substance despite



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1physical, psychological or social harm. The term also describes
2the advanced stages of chemical dependency.
3    "Administrator" means a person responsible for
4administration of a program.
5    "Alcoholic" means a person who exhibits the disease known
6as "alcoholism".
7    "Alcoholism" means a chronic and progressive disease or
8illness characterized by preoccupation with and loss of control
9over the consumption of alcohol, and the use of alcohol despite
10adverse consequences. Typically, combinations of the following
11tendencies are also present: periodic or chronic intoxication;
12physical disability; impaired emotional, occupational or
13social adjustment; tendency toward relapse; a detrimental
14effect on the individual, his family and society; psychological
15dependence; and physical dependence. Alcoholism is also known
16as addiction to alcohol. Alcoholism is described and further
17categorized in clinical detail in the DSM and the ICD.
18    "Array of services" means assistance to individuals,
19families and communities in response to alcohol or other drug
20abuse or dependency. The array of services includes, but is not
21limited to: prevention assistance for communities and schools;
22case finding, assessment and intervention to help individuals
23stop abusing alcohol or other drugs; a uniform screening,
24assessment, and evaluation process for substance use disorders
25and mental disorders; case management; detoxification to aid
26individuals in physically withdrawing from alcohol or other



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1drugs; short-term and long-term treatment and support services
2to help individuals and family members begin the process of
3recovery; prescription and dispensing of the drug methadone or
4other medications as an adjunct to treatment; relapse
5prevention services; education and counseling for children or
6other co-dependents of alcoholics or other drug abusers or
8    "Case management" means those services which will assist
9individuals in gaining access to needed social, educational,
10medical, treatment and other services.
11    "Children of alcoholics or drug addicts or abusers of
12alcohol and other drugs" means the minor or adult children of
13individuals who have abused or been dependent upon alcohol or
14other drugs. These children may or may not become dependent
15upon alcohol or other drugs themselves; however, they are
16physically, psychologically, and behaviorally at high risk of
17developing the illness. Children of alcoholics and other drug
18abusers experience emotional and other problems, and benefit
19from prevention and treatment services provided by funded and
20non-funded agencies licensed by the Department.
21    "Co-dependents" means individuals who are involved in the
22lives of and are affected by people who are dependent upon
23alcohol and other drugs. Co-dependents compulsively engage in
24behaviors that cause them to suffer adverse physical,
25emotional, familial, social, behavioral, vocational, and legal
26consequences as they attempt to cope with the alcohol or drug



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1dependent person. People who become co-dependents include
2spouses, parents, siblings, and friends of alcohol or drug
3dependent people. Co-dependents benefit from prevention and
4treatment services provided by agencies licensed by the
6    "Controlled substance" means any substance or immediate
7precursor which is enumerated in the schedules of Article II of
8the Illinois Controlled Substances Act or the Cannabis Control
10    "Crime of violence" means any of the following crimes:
11murder, voluntary manslaughter, criminal sexual assault,
12aggravated criminal sexual assault, predatory criminal sexual
13assault of a child, armed robbery, robbery, arson, kidnapping,
14aggravated battery, aggravated arson, or any other felony which
15involves the use or threat of physical force or violence
16against another individual.
17    "Department" means the Illinois Department of Human
18Services as successor to the former Department of Alcoholism
19and Substance Abuse.
20    "Designated program" means a program designated by the
21Department to provide services described in subsection (c) or
22(d) of Section 15-10 of this Act. A designated program's
23primary function is screening, assessing, referring and
24tracking clients identified by the criminal justice system, and
25the program agrees to apply statewide the standards, uniform
26criteria and procedures established by the Department pursuant



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1to such designation.
2    "Detoxification" means the process of allowing an
3individual to safely withdraw from a drug in a controlled
5    "DSM" means the most current edition of the Diagnostic and
6Statistical Manual of Mental Disorders.
7    "D.U.I." means driving under the influence of alcohol or
8other substances which may cause impairment of driving ability.
9    "Facility" means the building or premises which are used
10for the provision of licensable program services, including
11support services, as set forth by rule.
12    "ICD" means the most current edition of the International
13Classification of Diseases.
14    "Incapacitated" means that a person is unconscious or
15otherwise exhibits, by overt behavior or by extreme physical
16debilitation, an inability to care for his own needs or to
17recognize the obvious danger of his situation or to make
18rational decisions with respect to his need for treatment.
19    "Intermediary person" means a person with expertise
20relative to addiction, alcoholism, and the abuse of alcohol or
21other drugs who may be called on to assist the police in
22carrying out enforcement or other activities with respect to
23persons who abuse or are dependent on alcohol or other drugs.
24    "Intervention" means readily accessible activities which
25assist individuals and their partners or family members in
26coping with the immediate problems of alcohol and other drug



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1abuse or dependency, and in reducing their alcohol and other
2drug use. Intervention can facilitate emotional and social
3stability, and involves referring people for further treatment
4as needed.
5    "Intoxicated person" means a person whose mental or
6physical functioning is substantially impaired as a result of
7the current effects of alcohol or other drugs within the body.
8    "Local advisory council" means an alcohol and substance
9abuse body established in a county, township or community area,
10which represents public and private entities having an interest
11in the prevention and treatment of alcoholism or other drug
13    "Off-site services" means licensable program services or
14activities which are conducted at a location separate from the
15primary service location of the provider, and which services
16are operated by a program or entity licensed under this Act.
17    "Person" means any individual, firm, group, association,
18partnership, corporation, trust, government or governmental
19subdivision or agency.
20    "Prevention" means an interactive process of individuals,
21families, schools, religious organizations, communities and
22regional, state and national organizations to reduce
23alcoholism, prevent the use of illegal drugs and the abuse of
24legal drugs by persons of all ages, prevent the use of alcohol
25by minors, build the capacities of individuals and systems, and
26promote healthy environments, lifestyles and behaviors.



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1    "Program" means a licensable or fundable activity or
2service, or a coordinated range of such activities or services,
3as the Department may establish by rule.
4    "Recovery" means the long-term, often life-long, process
5in which an addicted person changes the way in which he makes
6decisions and establishes personal and life priorities. The
7evolution of this decision-making and priority-setting process
8is generally manifested by an obvious improvement in the
9individual's life and lifestyle and by his overcoming the abuse
10of or dependence on alcohol or other drugs. Recovery is also
11generally manifested by prolonged periods of abstinence from
12addictive chemicals which are not medically supervised.
13Recovery is the goal of treatment.
14    "Rehabilitation" means a process whereby those clinical
15services necessary and appropriate for improving an
16individual's life and lifestyle and for overcoming his or her
17abuse of or dependency upon alcohol or other drugs, or both,
18are delivered in an appropriate setting and manner as defined
19in rules established by the Department.
20    "Relapse" means a process which is manifested by a
21progressive pattern of behavior that reactivates the symptoms
22of a disease or creates debilitating conditions in an
23individual who has experienced remission from addiction or
25    "Secretary" means the Secretary of Human Services or his or
26her designee.



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1    "Substance abuse" or "abuse" means a pattern of use of
2alcohol or other drugs with the potential of leading to
3immediate functional problems or to alcoholism or other drug
4dependency, or to the use of alcohol and/or other drugs solely
5for purposes of intoxication. The term also means the use of
6illegal drugs by persons of any age, and the use of alcohol by
7persons under the age of 21.
8    "Treatment" means the broad range of emergency,
9outpatient, intermediate and residential services and care
10(including assessment, diagnosis, medical, psychiatric,
11psychological and social services, care and counseling, and
12aftercare) which may be extended to individuals who abuse or
13are dependent on alcohol or other drugs or families of those
15(Source: P.A. 89-202, eff. 7-21-95; 89-428, eff. 12-13-95;
1689-462, eff. 5-29-96; 89-507, eff. 7-1-97; 90-14, eff. 7-1-97;
1790-135, eff. 7-22-97.)
18    Section 10. The Community Services Act is amended by
19changing Section 2 as follows:
20    (405 ILCS 30/2)  (from Ch. 91 1/2, par. 902)
21    Sec. 2. Community Services System. Services should be
22planned, developed, delivered and evaluated as part of a
23comprehensive and coordinated system. The Department of Human
24Services shall encourage the establishment of services in each



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1area of the State which cover the services categories described
2below. What specific services are provided under each service
3category shall be based on local needs; special attention shall
4be given to unserved and underserved populations, including
5children and youth, racial and ethnic minorities, and the
6elderly. The service categories shall include:
7    (a) Prevention: services designed primarily to reduce the
8incidence and ameliorate the severity of developmental
9disabilities, mental illness and alcohol and drug dependence;
10    (b) Client Assessment and Diagnosis: services designed to
11identify persons with developmental disabilities, mental
12illness and alcohol and drug dependency; to determine the
13extent of the disability and the level of functioning; to
14ensure the individual's need for treatment of mental disorders
15or substance use disorders is determined using a uniform
16screening, assessment, and evaluation process; information
17obtained through client evaluation can be used in individual
18treatment and habilitation plans; to assure appropriate
19placement and to assist in program evaluation;
20    (c) Case Coordination: services to provide information and
21assistance to disabled persons to insure that they obtain
22needed services provided by the private and public sectors;
23case coordination services should be available to individuals
24whose functioning level or history of institutional recidivism
25or long-term care indicate that such assistance is required for
26successful community living;



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1    (d) Crisis and Emergency: services to assist individuals
2and their families through crisis periods, to stabilize
3individuals under stress and to prevent unnecessary
5    (e) Treatment, Habilitation and Support: services designed
6to help individuals develop skills which promote independence
7and improved levels of social and vocational functioning and
8personal growth; and to provide non-treatment support services
9which are necessary for successful community living;
10    (f) Community Residential Alternatives to Institutional
11Settings: services to provide living arrangements for persons
12unable to live independently; the level of supervision,
13services provided and length of stay at community residential
14alternatives will vary by the type of program and the needs and
15functioning level of the residents; other services may be
16provided in a community residential alternative which promote
17the acquisition of independent living skills and integration
18with the community.
19(Source: P.A. 89-507, eff. 7-1-97.)
20    Section 99. Effective date. This Act takes effect upon
21becoming law.".