Illinois 2023-2024 Regular Session

Illinois House Bill HB3819 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Public Act 103-0361
2	1		HB3819 EnrolledLRB103 29980 AWJ 56399 b HB3819 Enrolled LRB103 29980 AWJ 56399 b
3	2		HB3819 Enrolled LRB103 29980 AWJ 56399 b
4		-	AN ACT concerning government.
5		-	Be it enacted by the People of the State of Illinois,
6		-	represented in the General Assembly:
7		-	Section 5. The Community-Law Enforcement and Other First
8		-	Responder Partnership for Deflection and Substance Use
9		-	Disorder Treatment Act is amended by changing Sections 1, 5,
10		-	10, 15, 20, 21, 30, and 35 as follows:
11		-	(5 ILCS 820/1)
12		-	Sec. 1. Short title. This Act may be cited as the Community
13		-	Community-Law Enforcement and Other First Responder
14		-	Partnership for Deflection and Substance Use Disorder
15		-	Treatment Act.
16		-	(Source: P.A. 100-1025, eff. 1-1-19; 101-652, eff. 7-1-21.)
17		-	(5 ILCS 820/5)
18		-	Sec. 5. Purposes. The General Assembly hereby acknowledges
19		-	that opioid use disorders, overdoses, and deaths in Illinois
20		-	are persistent and growing concerns for Illinois communities.
21		-	These concerns compound existing challenges to adequately
22		-	address and manage substance use and mental health disorders.
23		-	Local government agencies, law Law enforcement officers, other
24		-	first responders, and co-responders have a unique opportunity
25		-	to facilitate connections to community-based services,
	3	+	1 AN ACT concerning government.
	4	+	2 Be it enacted by the People of the State of Illinois,
	5	+	3 represented in the General Assembly:
	6	+	4 Section 5. The Community-Law Enforcement and Other First
	7	+	5 Responder Partnership for Deflection and Substance Use
	8	+	6 Disorder Treatment Act is amended by changing Sections 1, 5,
	9	+	7 10, 15, 20, 21, 30, and 35 as follows:
	10	+	8 (5 ILCS 820/1)
	11	+	9 Sec. 1. Short title. This Act may be cited as the Community
	12	+	10 Community-Law Enforcement and Other First Responder
	13	+	11 Partnership for Deflection and Substance Use Disorder
	14	+	12 Treatment Act.
	15	+	13 (Source: P.A. 100-1025, eff. 1-1-19; 101-652, eff. 7-1-21.)
	16	+	14 (5 ILCS 820/5)
	17	+	15 Sec. 5. Purposes. The General Assembly hereby acknowledges
	18	+	16 that opioid use disorders, overdoses, and deaths in Illinois
	19	+	17 are persistent and growing concerns for Illinois communities.
	20	+	18 These concerns compound existing challenges to adequately
	21	+	19 address and manage substance use and mental health disorders.
	22	+	20 Local government agencies, law Law enforcement officers, other
	23	+	21 first responders, and co-responders have a unique opportunity
	24	+	22 to facilitate connections to community-based services,
26	25
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29	28		HB3819 Enrolled LRB103 29980 AWJ 56399 b
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32		-	including case management, and mental and behavioral health
33		-	interventions that provide harm reduction or substance use
34		-	treatment and can help save and restore lives; help reduce
35		-	drug use, overdose incidence, criminal offending, and
36		-	recidivism; and help prevent arrest and conviction records
37		-	that destabilize health, families, and opportunities for
38		-	community citizenship and self-sufficiency. These efforts are
39		-	bolstered when pursued in partnership with licensed behavioral
40		-	health treatment providers and community members or
41		-	organizations. It is the intent of the General Assembly to
42		-	authorize law enforcement, and other first responders, and
43		-	local government agencies to develop and implement
44		-	collaborative deflection programs in Illinois that offer
45		-	immediate pathways to substance use treatment and other
46		-	services as an alternative to traditional case processing and
47		-	involvement in the criminal justice system, and to unnecessary
48		-	admission to emergency departments.
49		-	(Source: P.A. 100-1025, eff. 1-1-19; 101-652, eff. 7-1-21.)
50		-	(5 ILCS 820/10)
51		-	Sec. 10. Definitions. In this Act:
52		-	"Case management" means those services which use
53		-	evidence-based practices, including harm reduction and
54		-	motivational interviewing, to will assist persons in gaining
55		-	access to needed social, educational, medical, substance use
56		-	and mental health treatment, and other services.
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	32	+	HB3819 Enrolled - 2 - LRB103 29980 AWJ 56399 b
	33	+	1 including case management, and mental and behavioral health
	34	+	2 interventions that provide harm reduction or substance use
	35	+	3 treatment and can help save and restore lives; help reduce
	36	+	4 drug use, overdose incidence, criminal offending, and
	37	+	5 recidivism; and help prevent arrest and conviction records
	38	+	6 that destabilize health, families, and opportunities for
	39	+	7 community citizenship and self-sufficiency. These efforts are
	40	+	8 bolstered when pursued in partnership with licensed behavioral
	41	+	9 health treatment providers and community members or
	42	+	10 organizations. It is the intent of the General Assembly to
	43	+	11 authorize law enforcement, and other first responders, and
	44	+	12 local government agencies to develop and implement
	45	+	13 collaborative deflection programs in Illinois that offer
	46	+	14 immediate pathways to substance use treatment and other
	47	+	15 services as an alternative to traditional case processing and
	48	+	16 involvement in the criminal justice system, and to unnecessary
	49	+	17 admission to emergency departments.
	50	+	18 (Source: P.A. 100-1025, eff. 1-1-19; 101-652, eff. 7-1-21.)
	51	+	19 (5 ILCS 820/10)
	52	+	20 Sec. 10. Definitions. In this Act:
	53	+	21 "Case management" means those services which use
	54	+	22 evidence-based practices, including harm reduction and
	55	+	23 motivational interviewing, to will assist persons in gaining
	56	+	24 access to needed social, educational, medical, substance use
	57	+	25 and mental health treatment, and other services.
57	58
58	59
59		-	"Community member or organization" means an individual
60		-	volunteer, resident, public office, or a not-for-profit
61		-	organization, religious institution, charitable organization,
62		-	or other public body committed to the improvement of
63		-	individual and family mental and physical well-being and the
64		-	overall social welfare of the community, and may include
65		-	persons with lived experience in recovery from substance use
66		-	disorder, either themselves or as family members.
67		-	"Other first responder" means and includes emergency
68		-	medical services providers that are public units of
69		-	government, fire departments and districts, and officials and
70		-	responders representing and employed by these entities.
71		-	"Deflection program" means a program in which a peace
72		-	officer or member of a law enforcement agency, or other first
73		-	responder, or local government agency facilitates contact
74		-	between an individual and a licensed substance use treatment
75		-	provider, or clinician, or case management agency for
76		-	assessment and coordination of treatment planning, including
77		-	co-responder approaches that incorporate behavioral health,
78		-	peer, or social work professionals with law enforcement or
79		-	other first responders at the scene. This facilitation
80		-	includes defined criteria for eligibility and communication
81		-	protocols agreed to by the law enforcement agency or other
82		-	first responder entity and the licensed treatment provider or
83		-	case management agency for the purpose of providing substance
84		-	use treatment or care collaboration to those persons in lieu
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87		-	of arrest or further justice system involvement, or
88		-	unnecessary admissions to the emergency department. Deflection
89		-	programs may include, but are not limited to, the following
90		-	types of responses:
91		-	(1) a post-overdose deflection response initiated by a
92		-	peace officer or law enforcement agency subsequent to
93		-	emergency administration of medication to reverse an
94		-	overdose, or in cases of severe substance use disorder
95		-	with acute risk for overdose;
96		-	(2) a self-referral deflection response initiated by
97		-	an individual by contacting a peace officer, or law
98		-	enforcement agency, or other first responder, or local
99		-	government agency in the acknowledgment of their substance
100		-	use or disorder;
101		-	(3) an active outreach deflection response initiated
102		-	by a peace officer, or law enforcement agency, or other
103		-	first responder, or local government agency as a result of
104		-	proactive identification of persons thought likely to have
105		-	a substance use disorder or untreated or undiagnosed
106		-	mental illness;
107		-	(4) an officer, or other first responder, or local
108		-	government agency prevention deflection response initiated
109		-	by a peace officer, or law enforcement agency, or local
110		-	government agency in response to a community call when no
111		-	criminal charges are present; and
112		-	(5) an officer intervention during routine activities,
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115		-	such as patrol or deflection response to a service call
116		-	during which a referral to treatment, to services, or to a
117		-	case manager is made in lieu of arrest when criminal
118		-	charges are present but held in abeyance pending
119		-	engagement with treatment.
120		-	"Harm reduction" means a reduction of, or attempt to
121		-	reduce, the adverse consequences of substance use, including,
122		-	but not limited to, by addressing the substance use and
123		-	conditions that give rise to the substance use. "Harm
124		-	reduction" includes, but is not limited to, syringe service
125		-	programs, naloxone distribution, and public awareness
126		-	campaigns about the Good Samaritan Act.
127		-	"Law enforcement agency" means a municipal police
128		-	department or county sheriff's office of this State, the
129		-	Illinois State Police, or other law enforcement agency whose
130		-	officers, by statute, are granted and authorized to exercise
131		-	powers similar to those conferred upon any peace officer
132		-	employed by a law enforcement agency of this State.
133		-	"Licensed treatment provider" means an organization
134		-	licensed by the Department of Human Services to perform an
135		-	activity or service, or a coordinated range of those
136		-	activities or services, as the Department of Human Services
137		-	may establish by rule, such as the broad range of emergency,
138		-	outpatient, intensive outpatient, and residential services and
139		-	care, including assessment, diagnosis, case management,
140		-	medical, psychiatric, psychological and social services,
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	68	+	1 "Community member or organization" means an individual
	69	+	2 volunteer, resident, public office, or a not-for-profit
	70	+	3 organization, religious institution, charitable organization,
	71	+	4 or other public body committed to the improvement of
	72	+	5 individual and family mental and physical well-being and the
	73	+	6 overall social welfare of the community, and may include
	74	+	7 persons with lived experience in recovery from substance use
	75	+	8 disorder, either themselves or as family members.
	76	+	9 "Other first responder" means and includes emergency
	77	+	10 medical services providers that are public units of
	78	+	11 government, fire departments and districts, and officials and
	79	+	12 responders representing and employed by these entities.
	80	+	13 "Deflection program" means a program in which a peace
	81	+	14 officer or member of a law enforcement agency, or other first
	82	+	15 responder, or local government agency facilitates contact
	83	+	16 between an individual and a licensed substance use treatment
	84	+	17 provider, or clinician, or case management agency for
	85	+	18 assessment and coordination of treatment planning, including
	86	+	19 co-responder approaches that incorporate behavioral health,
	87	+	20 peer, or social work professionals with law enforcement or
	88	+	21 other first responders at the scene. This facilitation
	89	+	22 includes defined criteria for eligibility and communication
	90	+	23 protocols agreed to by the law enforcement agency or other
	91	+	24 first responder entity and the licensed treatment provider or
	92	+	25 case management agency for the purpose of providing substance
	93	+	26 use treatment or care collaboration to those persons in lieu
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143		-	medication-assisted treatment, care and counseling, and
144		-	recovery support, which may be extended to persons to assess
145		-	or treat substance use disorder or to families of those
146		-	persons.
147		-	"Local government agency" means a county, municipality, or
148		-	township office, a State's Attorney's Office, a Public
149		-	Defender's Office, or a local health department.
150		-	"Peace officer" means any peace officer or member of any
151		-	duly organized State, county, or municipal peace officer unit,
152		-	any police force of another State, or any police force whose
153		-	members, by statute, are granted and authorized to exercise
154		-	powers similar to those conferred upon any peace officer
155		-	employed by a law enforcement agency of this State.
156		-	"Substance use disorder" means a pattern of use of alcohol
157		-	or other drugs leading to clinical or functional impairment,
158		-	in accordance with the definition in the Diagnostic and
159		-	Statistical Manual of Mental Disorders (DSM-5), or in any
160		-	subsequent editions.
161		-	"Treatment" means the broad range of emergency,
162		-	outpatient, intensive outpatient, and residential services and
163		-	care (including assessment, diagnosis, case management,
164		-	medical, psychiatric, psychological and social services,
165		-	medication-assisted treatment, care and counseling, and
166		-	recovery support) which may be extended to persons who have
167		-	substance use disorders, persons with mental illness, or
168		-	families of those persons.
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171		-	(Source: P.A. 101-652, eff. 7-1-21; 102-538, eff. 8-20-21;
172		-	102-813, eff. 5-13-22.)
173		-	(5 ILCS 820/15)
174		-	Sec. 15. Authorization.
175		-	(a) Any law enforcement agency, or other first responder
176		-	entity, or local government agency may establish a deflection
177		-	program subject to the provisions of this Act in partnership
178		-	with one or more licensed providers of substance use disorder
179		-	treatment services and one or more community members or
180		-	organizations. Programs established by another first responder
181		-	entity or a local government agency shall also include a law
182		-	enforcement agency.
183		-	(b) The deflection program may involve a post-overdose
184		-	deflection response, a self-referral deflection response, a
185		-	pre-arrest diversion response, an active outreach deflection
186		-	response, an officer or other first responder prevention
187		-	deflection response, or an officer intervention deflection
188		-	response, or any combination of those.
189		-	(c) Nothing shall preclude the General Assembly from
190		-	adding other responses to a deflection program, or preclude a
191		-	law enforcement agency, or other first responder entity, or
192		-	local government agency from developing a deflection program
193		-	response based on a model unique and responsive to local
194		-	issues, substance use or mental health needs, and
195		-	partnerships, using sound and promising or evidence-based
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198		-	practices.
199		-	(c-5) Whenever appropriate and available, case management
200		-	should be provided by a licensed treatment provider or other
201		-	appropriate provider and may include peer recovery support
202		-	approaches.
203		-	(d) To receive funding for activities as described in
204		-	Section 35 of this Act, planning for the deflection program
205		-	shall include:
206		-	(1) the involvement of one or more licensed treatment
207		-	programs and one or more community members or
208		-	organizations; and
209		-	(2) an agreement with the Illinois Criminal Justice
210		-	Information Authority to collect and evaluate relevant
211		-	statistical data related to the program, as established by
212		-	the Illinois Criminal Justice Information Authority in
213		-	paragraph (2) of subsection (a) of Section 25 of this Act.
214		-	(3) an agreement with participating licensed treatment
215		-	providers authorizing the release of statistical data to
216		-	the Illinois Criminal Justice Information Authority, in
217		-	compliance with State and Federal law, as established by
218		-	the Illinois Criminal Justice Information Authority in
219		-	paragraph (2) of subsection (a) of Section 25 of this Act.
220		-	(Source: P.A. 100-1025, eff. 1-1-19; 101-81, eff. 7-12-19;
221		-	101-652, eff. 7-1-21.)
222		-	(5 ILCS 820/20)
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	104	+	1 of arrest or further justice system involvement, or
	105	+	2 unnecessary admissions to the emergency department. Deflection
	106	+	3 programs may include, but are not limited to, the following
	107	+	4 types of responses:
	108	+	5 (1) a post-overdose deflection response initiated by a
	109	+	6 peace officer or law enforcement agency subsequent to
	110	+	7 emergency administration of medication to reverse an
	111	+	8 overdose, or in cases of severe substance use disorder
	112	+	9 with acute risk for overdose;
	113	+	10 (2) a self-referral deflection response initiated by
	114	+	11 an individual by contacting a peace officer, or law
	115	+	12 enforcement agency, or other first responder, or local
	116	+	13 government agency in the acknowledgment of their substance
	117	+	14 use or disorder;
	118	+	15 (3) an active outreach deflection response initiated
	119	+	16 by a peace officer, or law enforcement agency, or other
	120	+	17 first responder, or local government agency as a result of
	121	+	18 proactive identification of persons thought likely to have
	122	+	19 a substance use disorder or untreated or undiagnosed
	123	+	20 mental illness;
	124	+	21 (4) an officer, or other first responder, or local
	125	+	22 government agency prevention deflection response initiated
	126	+	23 by a peace officer, or law enforcement agency, or local
	127	+	24 government agency in response to a community call when no
	128	+	25 criminal charges are present; and
	129	+	26 (5) an officer intervention during routine activities,
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225		-	Sec. 20. Procedure. The law enforcement agency, or other
226		-	first responder entity, local government agency, licensed
227		-	treatment providers, and community members or organizations
228		-	shall establish a local deflection program plan that includes
229		-	protocols and procedures for participant identification,
230		-	screening or assessment, case management, treatment
231		-	facilitation, reporting, restorative justice, and ongoing
232		-	involvement of the law enforcement agency. Licensed substance
233		-	use disorder treatment organizations shall adhere to 42 CFR
234		-	Part 2 regarding confidentiality regulations for information
235		-	exchange or release. Substance use disorder treatment services
236		-	shall adhere to all regulations specified in Department of
237		-	Human Services Administrative Rules, Parts 2060 and 2090.
238		-	A deflection program organized and operating under this
239		-	Act may accept, receive, and disburse, in furtherance of its
240		-	duties and functions, any funds, grants, and services made
241		-	available by the State and its agencies, the federal
242		-	government and its agencies, units of local government, and
243		-	private or civic sources.
244		-	(Source: P.A. 100-1025, eff. 1-1-19; 101-652, eff. 7-1-21.)
245		-	(5 ILCS 820/21)
246		-	Sec. 21. Training. Employees of the The law enforcement
247		-	agency, or other first responder entity, or local government
248		-	agency who are participating in programs that receive funding
249		-	for services under Section 35 of this Act shall and that
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252		-	receive training under subsection (a.1) of Section 35 shall be
253		-	trained in:
254		-	(a) Neuroscience of Addiction for Law Enforcement;
255		-	(b) Medication-Assisted Treatment;
256		-	(c) Criminogenic Risk-Need for Health and Safety;
257		-	(d) Why Drug Treatment Works?;
258		-	(e) Eliminating Stigma for People with Substance-Use
259		-	Disorders and Mental Health;
260		-	(f) Avoiding Racial Bias in Deflection Program;
261		-	(g) Promotion Racial and Gender Equity in Deflection;
262		-	(h) Working With Community Partnerships; and
263		-	(i) Deflection in Rural Communities; and .
264		-	(j) Harm Reduction.
265		-	(Source: P.A. 101-652, eff. 7-1-21.)
266		-	(5 ILCS 820/30)
267		-	Sec. 30. Exemption from civil liability. The law
268		-	enforcement agency, or peace officer, or other first
269		-	responder, or local government agency or employee of the
270		-	agency acting in good faith shall not, as the result of acts or
271		-	omissions in providing services under Section 15 of this Act,
272		-	be liable for civil damages, unless the acts or omissions
273		-	constitute willful and wanton misconduct.
274		-	(Source: P.A. 100-1025, eff. 1-1-19; 101-652, eff. 7-1-21.)
275		-	(5 ILCS 820/35)
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278		-	Sec. 35. Funding.
279		-	(a) The General Assembly may appropriate funds to the
280		-	Illinois Criminal Justice Information Authority for the
281		-	purpose of funding law enforcement agencies, or other first
282		-	responder entities, or local government agencies for services
283		-	provided by deflection program partners as part of deflection
284		-	programs subject to subsection (d) of Section 15 of this Act.
285		-	(a.1) Up to 10 percent of appropriated funds may be
286		-	expended on activities related to knowledge dissemination,
287		-	training, technical assistance, or other similar activities
288		-	intended to increase practitioner and public awareness of
289		-	deflection and/or to support its implementation. The Illinois
290		-	Criminal Justice Information Authority may adopt guidelines
291		-	and requirements to direct the distribution of funds for these
292		-	activities.
293		-	(b) For all appropriated funds not distributed under
294		-	subsection (a.1), the Illinois Criminal Justice Information
295		-	Authority may adopt guidelines and requirements to direct the
296		-	distribution of funds for expenses related to deflection
297		-	programs. Funding shall be made available to support both new
298		-	and existing deflection programs in a broad spectrum of
299		-	geographic regions in this State, including urban, suburban,
300		-	and rural communities. Funding for deflection programs shall
301		-	be prioritized for communities that have been impacted by the
302		-	war on drugs, communities that have a police/community
303		-	relations issue, and communities that have a disproportionate
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	140	+	1 such as patrol or deflection response to a service call
	141	+	2 during which a referral to treatment, to services, or to a
	142	+	3 case manager is made in lieu of arrest when criminal
	143	+	4 charges are present but held in abeyance pending
	144	+	5 engagement with treatment.
	145	+	6 "Harm reduction" means a reduction of, or attempt to
	146	+	7 reduce, the adverse consequences of substance use, including,
	147	+	8 but not limited to, by addressing the substance use and
	148	+	9 conditions that give rise to the substance use. "Harm
	149	+	10 reduction" includes, but is not limited to, syringe service
	150	+	11 programs, naloxone distribution, and public awareness
	151	+	12 campaigns about the Good Samaritan Act.
	152	+	13 "Law enforcement agency" means a municipal police
	153	+	14 department or county sheriff's office of this State, the
	154	+	15 Illinois State Police, or other law enforcement agency whose
	155	+	16 officers, by statute, are granted and authorized to exercise
	156	+	17 powers similar to those conferred upon any peace officer
	157	+	18 employed by a law enforcement agency of this State.
	158	+	19 "Licensed treatment provider" means an organization
	159	+	20 licensed by the Department of Human Services to perform an
	160	+	21 activity or service, or a coordinated range of those
	161	+	22 activities or services, as the Department of Human Services
	162	+	23 may establish by rule, such as the broad range of emergency,
	163	+	24 outpatient, intensive outpatient, and residential services and
	164	+	25 care, including assessment, diagnosis, case management,
	165	+	26 medical, psychiatric, psychological and social services,
304	166
305	167
306		-	lack of access to mental health and drug treatment. Activities
307		-	eligible for funding under this Act may include, but are not
308		-	limited to, the following:
309		-	(1) activities related to program administration,
310		-	coordination, or management, including, but not limited
311		-	to, the development of collaborative partnerships with
312		-	licensed treatment providers and community members or
313		-	organizations; collection of program data; or monitoring
314		-	of compliance with a local deflection program plan;
315		-	(2) case management including case management provided
316		-	prior to assessment, diagnosis, and engagement in
317		-	treatment, as well as assistance navigating and gaining
318		-	access to various treatment modalities and support
319		-	services;
320		-	(3) peer recovery or recovery support services that
321		-	include the perspectives of persons with the experience of
322		-	recovering from a substance use disorder, either
323		-	themselves or as family members;
324		-	(4) transportation to a licensed treatment provider or
325		-	other program partner location;
326		-	(5) program evaluation activities;
327		-	(6) naloxone and related harm reduction supplies
328		-	necessary for carrying out overdose prevention and
329		-	reversal for purposes of distribution to program
330		-	participants or for use by law enforcement, or other first
331		-	responders, or local government agencies; and
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334		-	(7) treatment necessary to prevent gaps in service
335		-	delivery between linkage and coverage by other funding
336		-	sources when otherwise non-reimbursable; and .
337		-	(8) wraparound participant funds to be used to
338		-	incentivize participation and meet participant needs.
339		-	Eligible items include, but are not limited to, clothing,
340		-	transportation, application fees, emergency shelter,
341		-	utilities, toiletries, medical supplies, haircuts, and
342		-	snacks. Food and drink is allowed if it is necessary for
343		-	the program's success where it incentivizes participation
344		-	in case management or addresses an emergency need as a
345		-	bridge to self-sufficiency when other sources of emergency
346		-	food are not available.
347		-	(c) Specific linkage agreements with recovery support
348		-	services or self-help entities may be a requirement of the
349		-	program services protocols. All deflection programs shall
350		-	encourage the involvement of key family members and
351		-	significant others as a part of a family-based approach to
352		-	treatment. All deflection programs are encouraged to use
353		-	evidence-based practices and outcome measures in the provision
354		-	of case management, substance use disorder treatment, and
355		-	medication-assisted treatment for persons with opioid use
356		-	disorders.
357		-	(Source: P.A. 101-81, eff. 7-12-19; 101-652, eff. 7-1-21;
358		-	102-813, eff. 5-13-22.)
	170	+
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359	172
360	173
361		-	Section 95. Illinois Compiled Statutes reassignment. The
362		-	Legislative Reference Bureau shall reassign the following Act
363		-	to the specified location in the Illinois Compiled Statutes
364		-	and file appropriate documents with the Index Division of the
365		-	Office of the Secretary of State in accordance with subsection
366		-	(c) of Section 5.04 of the Legislative Reference Bureau Act:
367		-	Community Partnership for Deflection and Substance Use
368		-	Disorder Treatment Act, reassigned from 5 ILCS 820/ to 50 ILCS
369		-	71/.
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	175	+	HB3819 Enrolled - 6 - LRB103 29980 AWJ 56399 b
	176	+	1 medication-assisted treatment, care and counseling, and
	177	+	2 recovery support, which may be extended to persons to assess
	178	+	3 or treat substance use disorder or to families of those
	179	+	4 persons.
	180	+	5 "Local government agency" means a county, municipality, or
	181	+	6 township office, a State's Attorney's Office, a Public
	182	+	7 Defender's Office, or a local health department.
	183	+	8 "Peace officer" means any peace officer or member of any
	184	+	9 duly organized State, county, or municipal peace officer unit,
	185	+	10 any police force of another State, or any police force whose
	186	+	11 members, by statute, are granted and authorized to exercise
	187	+	12 powers similar to those conferred upon any peace officer
	188	+	13 employed by a law enforcement agency of this State.
	189	+	14 "Substance use disorder" means a pattern of use of alcohol
	190	+	15 or other drugs leading to clinical or functional impairment,
	191	+	16 in accordance with the definition in the Diagnostic and
	192	+	17 Statistical Manual of Mental Disorders (DSM-5), or in any
	193	+	18 subsequent editions.
	194	+	19 "Treatment" means the broad range of emergency,
	195	+	20 outpatient, intensive outpatient, and residential services and
	196	+	21 care (including assessment, diagnosis, case management,
	197	+	22 medical, psychiatric, psychological and social services,
	198	+	23 medication-assisted treatment, care and counseling, and
	199	+	24 recovery support) which may be extended to persons who have
	200	+	25 substance use disorders, persons with mental illness, or
	201	+	26 families of those persons.
	202	+
	203	+
	204	+
	205	+
	206	+
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	208	+
	209	+
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	211	+	HB3819 Enrolled - 7 - LRB103 29980 AWJ 56399 b
	212	+	1 (Source: P.A. 101-652, eff. 7-1-21; 102-538, eff. 8-20-21;
	213	+	2 102-813, eff. 5-13-22.)
	214	+	3 (5 ILCS 820/15)
	215	+	4 Sec. 15. Authorization.
	216	+	5 (a) Any law enforcement agency, or other first responder
	217	+	6 entity, or local government agency may establish a deflection
	218	+	7 program subject to the provisions of this Act in partnership
	219	+	8 with one or more licensed providers of substance use disorder
	220	+	9 treatment services and one or more community members or
	221	+	10 organizations. Programs established by another first responder
	222	+	11 entity or a local government agency shall also include a law
	223	+	12 enforcement agency.
	224	+	13 (b) The deflection program may involve a post-overdose
	225	+	14 deflection response, a self-referral deflection response, a
	226	+	15 pre-arrest diversion response, an active outreach deflection
	227	+	16 response, an officer or other first responder prevention
	228	+	17 deflection response, or an officer intervention deflection
	229	+	18 response, or any combination of those.
	230	+	19 (c) Nothing shall preclude the General Assembly from
	231	+	20 adding other responses to a deflection program, or preclude a
	232	+	21 law enforcement agency, or other first responder entity, or
	233	+	22 local government agency from developing a deflection program
	234	+	23 response based on a model unique and responsive to local
	235	+	24 issues, substance use or mental health needs, and
	236	+	25 partnerships, using sound and promising or evidence-based
	237	+
	238	+
	239	+
	240	+
	241	+
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	243	+
	244	+
	245	+	HB3819 Enrolled- 8 -LRB103 29980 AWJ 56399 b HB3819 Enrolled - 8 - LRB103 29980 AWJ 56399 b
	246	+	HB3819 Enrolled - 8 - LRB103 29980 AWJ 56399 b
	247	+	1 practices.
	248	+	2 (c-5) Whenever appropriate and available, case management
	249	+	3 should be provided by a licensed treatment provider or other
	250	+	4 appropriate provider and may include peer recovery support
	251	+	5 approaches.
	252	+	6 (d) To receive funding for activities as described in
	253	+	7 Section 35 of this Act, planning for the deflection program
	254	+	8 shall include:
	255	+	9 (1) the involvement of one or more licensed treatment
	256	+	10 programs and one or more community members or
	257	+	11 organizations; and
	258	+	12 (2) an agreement with the Illinois Criminal Justice
	259	+	13 Information Authority to collect and evaluate relevant
	260	+	14 statistical data related to the program, as established by
	261	+	15 the Illinois Criminal Justice Information Authority in
	262	+	16 paragraph (2) of subsection (a) of Section 25 of this Act.
	263	+	17 (3) an agreement with participating licensed treatment
	264	+	18 providers authorizing the release of statistical data to
	265	+	19 the Illinois Criminal Justice Information Authority, in
	266	+	20 compliance with State and Federal law, as established by
	267	+	21 the Illinois Criminal Justice Information Authority in
	268	+	22 paragraph (2) of subsection (a) of Section 25 of this Act.
	269	+	23 (Source: P.A. 100-1025, eff. 1-1-19; 101-81, eff. 7-12-19;
	270	+	24 101-652, eff. 7-1-21.)
	271	+	25 (5 ILCS 820/20)
	272	+
	273	+
	274	+
	275	+
	276	+
	277	+	HB3819 Enrolled - 8 - LRB103 29980 AWJ 56399 b
	278	+
	279	+
	280	+	HB3819 Enrolled- 9 -LRB103 29980 AWJ 56399 b HB3819 Enrolled - 9 - LRB103 29980 AWJ 56399 b
	281	+	HB3819 Enrolled - 9 - LRB103 29980 AWJ 56399 b
	282	+	1 Sec. 20. Procedure. The law enforcement agency, or other
	283	+	2 first responder entity, local government agency, licensed
	284	+	3 treatment providers, and community members or organizations
	285	+	4 shall establish a local deflection program plan that includes
	286	+	5 protocols and procedures for participant identification,
	287	+	6 screening or assessment, case management, treatment
	288	+	7 facilitation, reporting, restorative justice, and ongoing
	289	+	8 involvement of the law enforcement agency. Licensed substance
	290	+	9 use disorder treatment organizations shall adhere to 42 CFR
	291	+	10 Part 2 regarding confidentiality regulations for information
	292	+	11 exchange or release. Substance use disorder treatment services
	293	+	12 shall adhere to all regulations specified in Department of
	294	+	13 Human Services Administrative Rules, Parts 2060 and 2090.
	295	+	14 A deflection program organized and operating under this
	296	+	15 Act may accept, receive, and disburse, in furtherance of its
	297	+	16 duties and functions, any funds, grants, and services made
	298	+	17 available by the State and its agencies, the federal
	299	+	18 government and its agencies, units of local government, and
	300	+	19 private or civic sources.
	301	+	20 (Source: P.A. 100-1025, eff. 1-1-19; 101-652, eff. 7-1-21.)
	302	+	21 (5 ILCS 820/21)
	303	+	22 Sec. 21. Training. Employees of the The law enforcement
	304	+	23 agency, or other first responder entity, or local government
	305	+	24 agency who are participating in programs that receive funding
	306	+	25 for services under Section 35 of this Act shall and that
	307	+
	308	+
	309	+
	310	+
	311	+
	312	+	HB3819 Enrolled - 9 - LRB103 29980 AWJ 56399 b
	313	+
	314	+
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	316	+	HB3819 Enrolled - 10 - LRB103 29980 AWJ 56399 b
	317	+	1 receive training under subsection (a.1) of Section 35 shall be
	318	+	2 trained in:
	319	+	3 (a) Neuroscience of Addiction for Law Enforcement;
	320	+	4 (b) Medication-Assisted Treatment;
	321	+	5 (c) Criminogenic Risk-Need for Health and Safety;
	322	+	6 (d) Why Drug Treatment Works?;
	323	+	7 (e) Eliminating Stigma for People with Substance-Use
	324	+	8 Disorders and Mental Health;
	325	+	9 (f) Avoiding Racial Bias in Deflection Program;
	326	+	10 (g) Promotion Racial and Gender Equity in Deflection;
	327	+	11 (h) Working With Community Partnerships; and
	328	+	12 (i) Deflection in Rural Communities; and .
	329	+	13 (j) Harm Reduction.
	330	+	14 (Source: P.A. 101-652, eff. 7-1-21.)
	331	+	15 (5 ILCS 820/30)
	332	+	16 Sec. 30. Exemption from civil liability. The law
	333	+	17 enforcement agency, or peace officer, or other first
	334	+	18 responder, or local government agency or employee of the
	335	+	19 agency acting in good faith shall not, as the result of acts or
	336	+	20 omissions in providing services under Section 15 of this Act,
	337	+	21 be liable for civil damages, unless the acts or omissions
	338	+	22 constitute willful and wanton misconduct.
	339	+	23 (Source: P.A. 100-1025, eff. 1-1-19; 101-652, eff. 7-1-21.)
	340	+	24 (5 ILCS 820/35)
	341	+
	342	+
	343	+
	344	+
	345	+
	346	+	HB3819 Enrolled - 10 - LRB103 29980 AWJ 56399 b
	347	+
	348	+
	349	+	HB3819 Enrolled- 11 -LRB103 29980 AWJ 56399 b HB3819 Enrolled - 11 - LRB103 29980 AWJ 56399 b
	350	+	HB3819 Enrolled - 11 - LRB103 29980 AWJ 56399 b
	351	+	1 Sec. 35. Funding.
	352	+	2 (a) The General Assembly may appropriate funds to the
	353	+	3 Illinois Criminal Justice Information Authority for the
	354	+	4 purpose of funding law enforcement agencies, or other first
	355	+	5 responder entities, or local government agencies for services
	356	+	6 provided by deflection program partners as part of deflection
	357	+	7 programs subject to subsection (d) of Section 15 of this Act.
	358	+	8 (a.1) Up to 10 percent of appropriated funds may be
	359	+	9 expended on activities related to knowledge dissemination,
	360	+	10 training, technical assistance, or other similar activities
	361	+	11 intended to increase practitioner and public awareness of
	362	+	12 deflection and/or to support its implementation. The Illinois
	363	+	13 Criminal Justice Information Authority may adopt guidelines
	364	+	14 and requirements to direct the distribution of funds for these
	365	+	15 activities.
	366	+	16 (b) For all appropriated funds not distributed under
	367	+	17 subsection (a.1), the Illinois Criminal Justice Information
	368	+	18 Authority may adopt guidelines and requirements to direct the
	369	+	19 distribution of funds for expenses related to deflection
	370	+	20 programs. Funding shall be made available to support both new
	371	+	21 and existing deflection programs in a broad spectrum of
	372	+	22 geographic regions in this State, including urban, suburban,
	373	+	23 and rural communities. Funding for deflection programs shall
	374	+	24 be prioritized for communities that have been impacted by the
	375	+	25 war on drugs, communities that have a police/community
	376	+	26 relations issue, and communities that have a disproportionate
	377	+
	378	+
	379	+
	380	+
	381	+
	382	+	HB3819 Enrolled - 11 - LRB103 29980 AWJ 56399 b
	383	+
	384	+
	385	+	HB3819 Enrolled- 12 -LRB103 29980 AWJ 56399 b HB3819 Enrolled - 12 - LRB103 29980 AWJ 56399 b
	386	+	HB3819 Enrolled - 12 - LRB103 29980 AWJ 56399 b
	387	+	1 lack of access to mental health and drug treatment. Activities
	388	+	2 eligible for funding under this Act may include, but are not
	389	+	3 limited to, the following:
	390	+	4 (1) activities related to program administration,
	391	+	5 coordination, or management, including, but not limited
	392	+	6 to, the development of collaborative partnerships with
	393	+	7 licensed treatment providers and community members or
	394	+	8 organizations; collection of program data; or monitoring
	395	+	9 of compliance with a local deflection program plan;
	396	+	10 (2) case management including case management provided
	397	+	11 prior to assessment, diagnosis, and engagement in
	398	+	12 treatment, as well as assistance navigating and gaining
	399	+	13 access to various treatment modalities and support
	400	+	14 services;
	401	+	15 (3) peer recovery or recovery support services that
	402	+	16 include the perspectives of persons with the experience of
	403	+	17 recovering from a substance use disorder, either
	404	+	18 themselves or as family members;
	405	+	19 (4) transportation to a licensed treatment provider or
	406	+	20 other program partner location;
	407	+	21 (5) program evaluation activities;
	408	+	22 (6) naloxone and related harm reduction supplies
	409	+	23 necessary for carrying out overdose prevention and
	410	+	24 reversal for purposes of distribution to program
	411	+	25 participants or for use by law enforcement, or other first
	412	+	26 responders, or local government agencies; and
	413	+
	414	+
	415	+
	416	+
	417	+
	418	+	HB3819 Enrolled - 12 - LRB103 29980 AWJ 56399 b
	419	+
	420	+
	421	+	HB3819 Enrolled- 13 -LRB103 29980 AWJ 56399 b HB3819 Enrolled - 13 - LRB103 29980 AWJ 56399 b
	422	+	HB3819 Enrolled - 13 - LRB103 29980 AWJ 56399 b
	423	+	1 (7) treatment necessary to prevent gaps in service
	424	+	2 delivery between linkage and coverage by other funding
	425	+	3 sources when otherwise non-reimbursable; and .
	426	+	4 (8) wraparound participant funds to be used to
	427	+	5 incentivize participation and meet participant needs.
	428	+	6 Eligible items include, but are not limited to, clothing,
	429	+	7 transportation, application fees, emergency shelter,
	430	+	8 utilities, toiletries, medical supplies, haircuts, and
	431	+	9 snacks. Food and drink is allowed if it is necessary for
	432	+	10 the program's success where it incentivizes participation
	433	+	11 in case management or addresses an emergency need as a
	434	+	12 bridge to self-sufficiency when other sources of emergency
	435	+	13 food are not available.
	436	+	14 (c) Specific linkage agreements with recovery support
	437	+	15 services or self-help entities may be a requirement of the
	438	+	16 program services protocols. All deflection programs shall
	439	+	17 encourage the involvement of key family members and
	440	+	18 significant others as a part of a family-based approach to
	441	+	19 treatment. All deflection programs are encouraged to use
	442	+	20 evidence-based practices and outcome measures in the provision
	443	+	21 of case management, substance use disorder treatment, and
	444	+	22 medication-assisted treatment for persons with opioid use
	445	+	23 disorders.
	446	+	24 (Source: P.A. 101-81, eff. 7-12-19; 101-652, eff. 7-1-21;
	447	+	25 102-813, eff. 5-13-22.)
	448	+
	449	+
	450	+
	451	+
	452	+
	453	+	HB3819 Enrolled - 13 - LRB103 29980 AWJ 56399 b
	454	+
	455	+
	456	+	HB3819 Enrolled- 14 -LRB103 29980 AWJ 56399 b HB3819 Enrolled - 14 - LRB103 29980 AWJ 56399 b
	457	+	HB3819 Enrolled - 14 - LRB103 29980 AWJ 56399 b
	458	+	1 Section 95. Illinois Compiled Statutes reassignment. The
	459	+	2 Legislative Reference Bureau shall reassign the following Act
	460	+	3 to the specified location in the Illinois Compiled Statutes
	461	+	4 and file appropriate documents with the Index Division of the
	462	+	5 Office of the Secretary of State in accordance with subsection
	463	+	6 (c) of Section 5.04 of the Legislative Reference Bureau Act:
	464	+	7 Community Partnership for Deflection and Substance Use
	465	+	8 Disorder Treatment Act, reassigned from 5 ILCS 820/ to 50 ILCS
	466	+	9 71/.
	467	+
	468	+
	469	+
	470	+
	471	+
	472	+	HB3819 Enrolled - 14 - LRB103 29980 AWJ 56399 b