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90_SB0292eng
20 ILCS 301/1-10
Amends the Alcoholism and Other Drug Abuse and Dependency
Act. Includes robbery in the definition of crime of
violence. Effective immediately.
LRB9002324RCks
SB292 Engrossed LRB9002324RCks
1 AN ACT to amend the Alcoholism and Other Drug Abuse and
2 Dependency Act by changing Section 1-10.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Alcoholism and Other Drug Abuse and
6 Dependency Act is amended by changing Section 1-10 as
7 follows:
8 (20 ILCS 301/1-10)
9 (Text of Section before amendment by P.A. 89-507)
10 Sec. 1-10. Definitions. As used in this Act, unless the
11 context clearly indicates otherwise, the following words and
12 terms have the following meanings:
13 "Act" means the Alcoholism and Other Drug Abuse and
14 Dependency Act.
15 "Addict" means a person who exhibits the disease known as
16 "addiction".
17 "Addiction" means a disease process characterized by the
18 continued use of a specific psycho-active substance despite
19 physical, psychological or social harm. The term also
20 describes the advanced stages of chemical dependency.
21 "Administrator" means a person responsible for
22 administration of a program.
23 "Alcoholic" means a person who exhibits the disease known
24 as "alcoholism".
25 "Alcoholism" means a chronic and progressive disease or
26 illness characterized by preoccupation with and loss of
27 control over the consumption of alcohol, and the use of
28 alcohol despite adverse consequences. Typically,
29 combinations of the following tendencies are also present:
30 periodic or chronic intoxication; physical disability;
31 impaired emotional, occupational or social adjustment;
SB292 Engrossed -2- LRB9002324RCks
1 tendency toward relapse; a detrimental effect on the
2 individual, his family and society; psychological dependence;
3 and physical dependence. Alcoholism is also known as
4 addiction to alcohol. Alcoholism is described and further
5 categorized in clinical detail in the DSM and the ICD.
6 "Array of services" means assistance to individuals,
7 families and communities in response to alcohol or other drug
8 abuse or dependency. The array of services includes, but is
9 not limited to: prevention assistance for communities and
10 schools; case finding, assessment and intervention to help
11 individuals stop abusing alcohol or other drugs; case
12 management; detoxification to aid individuals in physically
13 withdrawing from alcohol or other drugs; short-term and
14 long-term treatment and support services to help individuals
15 and family members begin the process of recovery;
16 prescription and dispensing of the drug methadone or other
17 medications as an adjunct to treatment; relapse prevention
18 services; education and counseling for children or other
19 co-dependents of alcoholics or other drug abusers or addicts.
20 "Case management" means those services which will assist
21 individuals in gaining access to needed social, educational,
22 medical, treatment and other services.
23 "Children of alcoholics or drug addicts or abusers of
24 alcohol and other drugs" means the minor or adult children of
25 individuals who have abused or been dependent upon alcohol or
26 other drugs. These children may or may not become dependent
27 upon alcohol or other drugs themselves; however, they are
28 physically, psychologically, and behaviorally at high risk of
29 developing the illness. Children of alcoholics and other
30 drug abusers experience emotional and other problems, and
31 benefit from prevention and treatment services provided by
32 funded and non-funded agencies licensed by the Department.
33 "Co-dependents" means individuals who are involved in the
34 lives of and are affected by people who are dependent upon
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1 alcohol and other drugs. Co-dependents compulsively engage
2 in behaviors that cause them to suffer adverse physical,
3 emotional, familial, social, behavioral, vocational, and
4 legal consequences as they attempt to cope with the alcohol
5 or drug dependent person. People who become co-dependents
6 include spouses, parents, siblings, and friends of alcohol or
7 drug dependent people. Co-dependents benefit from prevention
8 and treatment services provided by agencies licensed by the
9 Department.
10 "Controlled substance" means any substance or immediate
11 precursor which is enumerated in the schedules of Article II
12 of the Illinois Controlled Substances Act or the Cannabis
13 Control Act.
14 "Crime of violence" means any of the following crimes:
15 murder, voluntary manslaughter, criminal sexual assault,
16 aggravated criminal sexual assault, predatory criminal sexual
17 assault of a child, armed robbery, robbery, arson,
18 kidnapping, aggravated battery, aggravated arson, or any
19 other felony which involves the use or threat of physical
20 force or violence against another individual.
21 "Department" means the Illinois Department of Alcoholism
22 and Substance Abuse.
23 "Designated program" means a program designated by the
24 Department to provide services described in subsection (c) or
25 (d) of Section 15-10 of this Act. A designated program's
26 primary function is screening, assessing, referring and
27 tracking clients identified by the criminal justice system,
28 and the program agrees to apply statewide the standards,
29 uniform criteria and procedures established by the Department
30 pursuant to such designation.
31 "Detoxification" means the process of allowing an
32 individual to safely withdraw from a drug in a controlled
33 environment.
34 "Director" means the Director of the Illinois Department
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1 of Alcoholism and Substance Abuse or his designee.
2 "DSM" means the most current edition of the Diagnostic
3 and Statistical Manual of Mental Disorders.
4 "D.U.I." means driving under the influence of alcohol or
5 other substances which may cause impairment of driving
6 ability.
7 "Facility" means the building or premises which are used
8 for the provision of licensable program services, including
9 support services, as set forth by rule.
10 "ICD" means the most current edition of the International
11 Classification of Diseases.
12 "Incapacitated" means that a person is unconscious or
13 otherwise exhibits, by overt behavior or by extreme physical
14 debilitation, an inability to care for his own needs or to
15 recognize the obvious danger of his situation or to make
16 rational decisions with respect to his need for treatment.
17 "Intermediary person" means a person with expertise
18 relative to addiction, alcoholism, and the abuse of alcohol
19 or other drugs who may be called on to assist the police in
20 carrying out enforcement or other activities with respect to
21 persons who abuse or are dependent on alcohol or other drugs.
22 "Intervention" means readily accessible activities which
23 assist individuals and their partners or family members in
24 coping with the immediate problems of alcohol and other drug
25 abuse or dependency, and in reducing their alcohol and other
26 drug use. Intervention can facilitate emotional and social
27 stability, and involves referring people for further
28 treatment as needed.
29 "Intoxicated person" means a person whose mental or
30 physical functioning is substantially impaired as a result of
31 the current effects of alcohol or other drugs within the
32 body.
33 "Local advisory council" means an alcohol and substance
34 abuse body established in a county, township or community
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1 area, which represents public and private entities having an
2 interest in the prevention and treatment of alcoholism or
3 other drug abuse.
4 "Off-site services" means licensable program services or
5 activities which are conducted at a location separate from
6 the primary service location of the provider, and which
7 services are operated by a program or entity licensed under
8 this Act.
9 "Person" means any individual, firm, group, association,
10 partnership, corporation, trust, government or governmental
11 subdivision or agency.
12 "Prevention" means an interactive process of individuals,
13 families, schools, religious organizations, communities and
14 regional, state and national organizations to reduce
15 alcoholism, prevent the use of illegal drugs and the abuse of
16 legal drugs by persons of all ages, prevent the use of
17 alcohol by minors, build the capacities of individuals and
18 systems, and promote healthy environments, lifestyles and
19 behaviors.
20 "Program" means a licensable or fundable activity or
21 service, or a coordinated range of such activities or
22 services, as the Department may establish by rule.
23 "Recovery" means the long-term, often life-long, process
24 in which an addicted person changes the way in which he makes
25 decisions and establishes personal and life priorities. The
26 evolution of this decision-making and priority-setting
27 process is generally manifested by an obvious improvement in
28 the individual's life and lifestyle and by his overcoming the
29 abuse of or dependence on alcohol or other drugs. Recovery
30 is also generally manifested by prolonged periods of
31 abstinence from addictive chemicals which are not medically
32 supervised. Recovery is the goal of treatment.
33 "Rehabilitation" means a process whereby those clinical
34 services necessary and appropriate for improving an
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1 individual's life and lifestyle and for overcoming his or her
2 abuse of or dependency upon alcohol or other drugs, or both,
3 are delivered in an appropriate setting and manner as defined
4 in rules established by the Department.
5 "Relapse" means a process which is manifested by a
6 progressive pattern of behavior that reactivates the symptoms
7 of a disease or creates debilitating conditions in an
8 individual who has experienced remission from addiction or
9 alcoholism.
10 "Substance abuse" or "abuse" means a pattern of use of
11 alcohol or other drugs with the potential of leading to
12 immediate functional problems or to alcoholism or other drug
13 dependency, or to the use of alcohol and/or other drugs
14 solely for purposes of intoxication. The term also means the
15 use of illegal drugs by persons of any age, and the use of
16 alcohol by persons under the age of 21.
17 "Treatment" means the broad range of emergency,
18 outpatient, intermediate and residential services and care
19 (including assessment, diagnosis, medical, psychiatric,
20 psychological and social services, care and counseling, and
21 aftercare) which may be extended to individuals who abuse or
22 are dependent on alcohol or other drugs or families of those
23 persons.
24 (Source: P.A. 88-80; 89-202, eff. 7-21-95; 89-428, eff.
25 12-13-95; 89-462, eff. 5-29-96; revised 9-10-96.)
26 (Text of Section after amendment by P.A. 89-507)
27 Sec. 1-10. Definitions. As used in this Act, unless the
28 context clearly indicates otherwise, the following words and
29 terms have the following meanings:
30 "Act" means the Alcoholism and Other Drug Abuse and
31 Dependency Act.
32 "Addict" means a person who exhibits the disease known as
33 "addiction".
34 "Addiction" means a disease process characterized by the
SB292 Engrossed -7- LRB9002324RCks
1 continued use of a specific psycho-active substance despite
2 physical, psychological or social harm. The term also
3 describes the advanced stages of chemical dependency.
4 "Administrator" means a person responsible for
5 administration of a program.
6 "Alcoholic" means a person who exhibits the disease known
7 as "alcoholism".
8 "Alcoholism" means a chronic and progressive disease or
9 illness characterized by preoccupation with and loss of
10 control over the consumption of alcohol, and the use of
11 alcohol despite adverse consequences. Typically,
12 combinations of the following tendencies are also present:
13 periodic or chronic intoxication; physical disability;
14 impaired emotional, occupational or social adjustment;
15 tendency toward relapse; a detrimental effect on the
16 individual, his family and society; psychological dependence;
17 and physical dependence. Alcoholism is also known as
18 addiction to alcohol. Alcoholism is described and further
19 categorized in clinical detail in the DSM and the ICD.
20 "Array of services" means assistance to individuals,
21 families and communities in response to alcohol or other drug
22 abuse or dependency. The array of services includes, but is
23 not limited to: prevention assistance for communities and
24 schools; case finding, assessment and intervention to help
25 individuals stop abusing alcohol or other drugs; case
26 management; detoxification to aid individuals in physically
27 withdrawing from alcohol or other drugs; short-term and
28 long-term treatment and support services to help individuals
29 and family members begin the process of recovery;
30 prescription and dispensing of the drug methadone or other
31 medications as an adjunct to treatment; relapse prevention
32 services; education and counseling for children or other
33 co-dependents of alcoholics or other drug abusers or addicts.
34 "Case management" means those services which will assist
SB292 Engrossed -8- LRB9002324RCks
1 individuals in gaining access to needed social, educational,
2 medical, treatment and other services.
3 "Children of alcoholics or drug addicts or abusers of
4 alcohol and other drugs" means the minor or adult children of
5 individuals who have abused or been dependent upon alcohol or
6 other drugs. These children may or may not become dependent
7 upon alcohol or other drugs themselves; however, they are
8 physically, psychologically, and behaviorally at high risk of
9 developing the illness. Children of alcoholics and other
10 drug abusers experience emotional and other problems, and
11 benefit from prevention and treatment services provided by
12 funded and non-funded agencies licensed by the Department.
13 "Co-dependents" means individuals who are involved in the
14 lives of and are affected by people who are dependent upon
15 alcohol and other drugs. Co-dependents compulsively engage
16 in behaviors that cause them to suffer adverse physical,
17 emotional, familial, social, behavioral, vocational, and
18 legal consequences as they attempt to cope with the alcohol
19 or drug dependent person. People who become co-dependents
20 include spouses, parents, siblings, and friends of alcohol or
21 drug dependent people. Co-dependents benefit from prevention
22 and treatment services provided by agencies licensed by the
23 Department.
24 "Controlled substance" means any substance or immediate
25 precursor which is enumerated in the schedules of Article II
26 of the Illinois Controlled Substances Act or the Cannabis
27 Control Act.
28 "Crime of violence" means any of the following crimes:
29 murder, voluntary manslaughter, criminal sexual assault,
30 aggravated criminal sexual assault, predatory criminal sexual
31 assault of a child, armed robbery, robbery, arson,
32 kidnapping, aggravated battery, aggravated arson, or any
33 other felony which involves the use or threat of physical
34 force or violence against another individual.
SB292 Engrossed -9- LRB9002324RCks
1 "Department" means the Illinois Department of Human
2 Services as successor to the former Department of Alcoholism
3 and Substance Abuse.
4 "Designated program" means a program designated by the
5 Department to provide services described in subsection (c) or
6 (d) of Section 15-10 of this Act. A designated program's
7 primary function is screening, assessing, referring and
8 tracking clients identified by the criminal justice system,
9 and the program agrees to apply statewide the standards,
10 uniform criteria and procedures established by the Department
11 pursuant to such designation.
12 "Detoxification" means the process of allowing an
13 individual to safely withdraw from a drug in a controlled
14 environment.
15 "DSM" means the most current edition of the Diagnostic
16 and Statistical Manual of Mental Disorders.
17 "D.U.I." means driving under the influence of alcohol or
18 other substances which may cause impairment of driving
19 ability.
20 "Facility" means the building or premises which are used
21 for the provision of licensable program services, including
22 support services, as set forth by rule.
23 "ICD" means the most current edition of the International
24 Classification of Diseases.
25 "Incapacitated" means that a person is unconscious or
26 otherwise exhibits, by overt behavior or by extreme physical
27 debilitation, an inability to care for his own needs or to
28 recognize the obvious danger of his situation or to make
29 rational decisions with respect to his need for treatment.
30 "Intermediary person" means a person with expertise
31 relative to addiction, alcoholism, and the abuse of alcohol
32 or other drugs who may be called on to assist the police in
33 carrying out enforcement or other activities with respect to
34 persons who abuse or are dependent on alcohol or other drugs.
SB292 Engrossed -10- LRB9002324RCks
1 "Intervention" means readily accessible activities which
2 assist individuals and their partners or family members in
3 coping with the immediate problems of alcohol and other drug
4 abuse or dependency, and in reducing their alcohol and other
5 drug use. Intervention can facilitate emotional and social
6 stability, and involves referring people for further
7 treatment as needed.
8 "Intoxicated person" means a person whose mental or
9 physical functioning is substantially impaired as a result of
10 the current effects of alcohol or other drugs within the
11 body.
12 "Local advisory council" means an alcohol and substance
13 abuse body established in a county, township or community
14 area, which represents public and private entities having an
15 interest in the prevention and treatment of alcoholism or
16 other drug abuse.
17 "Off-site services" means licensable program services or
18 activities which are conducted at a location separate from
19 the primary service location of the provider, and which
20 services are operated by a program or entity licensed under
21 this Act.
22 "Person" means any individual, firm, group, association,
23 partnership, corporation, trust, government or governmental
24 subdivision or agency.
25 "Prevention" means an interactive process of individuals,
26 families, schools, religious organizations, communities and
27 regional, state and national organizations to reduce
28 alcoholism, prevent the use of illegal drugs and the abuse of
29 legal drugs by persons of all ages, prevent the use of
30 alcohol by minors, build the capacities of individuals and
31 systems, and promote healthy environments, lifestyles and
32 behaviors.
33 "Program" means a licensable or fundable activity or
34 service, or a coordinated range of such activities or
SB292 Engrossed -11- LRB9002324RCks
1 services, as the Department may establish by rule.
2 "Recovery" means the long-term, often life-long, process
3 in which an addicted person changes the way in which he makes
4 decisions and establishes personal and life priorities. The
5 evolution of this decision-making and priority-setting
6 process is generally manifested by an obvious improvement in
7 the individual's life and lifestyle and by his overcoming the
8 abuse of or dependence on alcohol or other drugs. Recovery
9 is also generally manifested by prolonged periods of
10 abstinence from addictive chemicals which are not medically
11 supervised. Recovery is the goal of treatment.
12 "Rehabilitation" means a process whereby those clinical
13 services necessary and appropriate for improving an
14 individual's life and lifestyle and for overcoming his or her
15 abuse of or dependency upon alcohol or other drugs, or both,
16 are delivered in an appropriate setting and manner as defined
17 in rules established by the Department.
18 "Relapse" means a process which is manifested by a
19 progressive pattern of behavior that reactivates the symptoms
20 of a disease or creates debilitating conditions in an
21 individual who has experienced remission from addiction or
22 alcoholism.
23 "Secretary" means the Secretary of Human Services or his
24 or her designee.
25 "Substance abuse" or "abuse" means a pattern of use of
26 alcohol or other drugs with the potential of leading to
27 immediate functional problems or to alcoholism or other drug
28 dependency, or to the use of alcohol and/or other drugs
29 solely for purposes of intoxication. The term also means the
30 use of illegal drugs by persons of any age, and the use of
31 alcohol by persons under the age of 21.
32 "Treatment" means the broad range of emergency,
33 outpatient, intermediate and residential services and care
34 (including assessment, diagnosis, medical, psychiatric,
SB292 Engrossed -12- LRB9002324RCks
1 psychological and social services, care and counseling, and
2 aftercare) which may be extended to individuals who abuse or
3 are dependent on alcohol or other drugs or families of those
4 persons.
5 (Source: P.A. 88-80; 89-202, eff. 7-21-95; 89-428, eff.
6 12-13-95; 89-462, eff. 5-29-96; 89-507, eff. 7-1-97; revised
7 9-10-96.)
8 Section 95. No acceleration or delay. Where this Act
9 makes changes in a statute that is represented in this Act by
10 text that is not yet or no longer in effect (for example, a
11 Section represented by multiple versions), the use of that
12 text does not accelerate or delay the taking effect of (i)
13 the changes made by this Act or (ii) provisions derived from
14 any other Public Act.
15 Section 99. Effective date. This Act takes effect upon
16 becoming law.