Illinois 2023-2024 Regular Session

Illinois House Bill HB4621 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Public Act 103-0602
2	1		HB4621 EnrolledLRB103 36415 RLC 66517 b HB4621 Enrolled LRB103 36415 RLC 66517 b
3	2		HB4621 Enrolled LRB103 36415 RLC 66517 b
4		-	AN ACT concerning criminal law.
5		-	Be it enacted by the People of the State of Illinois,
6		-	represented in the General Assembly:
7		-	Section 5. The Substance Use Disorder Act is amended by
8		-	changing Section 5-23 as follows:
9		-	(20 ILCS 301/5-23)
10		-	Sec. 5-23. Drug Overdose Prevention Program.
11		-	(a) Reports.
12		-	(1) The Department may publish annually a report on
13		-	drug overdose trends statewide that reviews State death
14		-	rates from available data to ascertain changes in the
15		-	causes or rates of fatal and nonfatal drug overdose. The
16		-	report shall also provide information on interventions
17		-	that would be effective in reducing the rate of fatal or
18		-	nonfatal drug overdose and on the current substance use
19		-	disorder treatment capacity within the State. The report
20		-	shall include an analysis of drug overdose information
21		-	reported to the Department of Public Health pursuant to
22		-	subsection (e) of Section 3-3013 of the Counties Code,
23		-	Section 6.14g of the Hospital Licensing Act, and
24		-	subsection (j) of Section 22-30 of the School Code.
25		-	(2) The report may include:
26		-	(A) Trends in drug overdose death rates.
	3	+	1 AN ACT concerning criminal law.
	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 Substance Use Disorder Act is amended by
	7	+	5 changing Section 5-23 as follows:
	8	+	6 (20 ILCS 301/5-23)
	9	+	7 Sec. 5-23. Drug Overdose Prevention Program.
	10	+	8 (a) Reports.
	11	+	9 (1) The Department may publish annually a report on
	12	+	10 drug overdose trends statewide that reviews State death
	13	+	11 rates from available data to ascertain changes in the
	14	+	12 causes or rates of fatal and nonfatal drug overdose. The
	15	+	13 report shall also provide information on interventions
	16	+	14 that would be effective in reducing the rate of fatal or
	17	+	15 nonfatal drug overdose and on the current substance use
	18	+	16 disorder treatment capacity within the State. The report
	19	+	17 shall include an analysis of drug overdose information
	20	+	18 reported to the Department of Public Health pursuant to
	21	+	19 subsection (e) of Section 3-3013 of the Counties Code,
	22	+	20 Section 6.14g of the Hospital Licensing Act, and
	23	+	21 subsection (j) of Section 22-30 of the School Code.
	24	+	22 (2) The report may include:
	25	+	23 (A) Trends in drug overdose death rates.
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33		-	(B) Trends in emergency room utilization related
34		-	to drug overdose and the cost impact of emergency room
35		-	utilization.
36		-	(C) Trends in utilization of pre-hospital and
37		-	emergency services and the cost impact of emergency
38		-	services utilization.
39		-	(D) Suggested improvements in data collection.
40		-	(E) A description of other interventions effective
41		-	in reducing the rate of fatal or nonfatal drug
42		-	overdose.
43		-	(F) A description of efforts undertaken to educate
44		-	the public about unused medication and about how to
45		-	properly dispose of unused medication, including the
46		-	number of registered collection receptacles in this
47		-	State, mail-back programs, and drug take-back events.
48		-	(G) An inventory of the State's substance use
49		-	disorder treatment capacity, including, but not
50		-	limited to:
51		-	(i) The number and type of licensed treatment
52		-	programs in each geographic area of the State.
53		-	(ii) The availability of medication-assisted
54		-	treatment at each licensed program and which types
55		-	of medication-assisted treatment are available.
56		-	(iii) The number of recovery homes that accept
57		-	individuals using medication-assisted treatment in
58		-	their recovery.
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	34	+	1 (B) Trends in emergency room utilization related
	35	+	2 to drug overdose and the cost impact of emergency room
	36	+	3 utilization.
	37	+	4 (C) Trends in utilization of pre-hospital and
	38	+	5 emergency services and the cost impact of emergency
	39	+	6 services utilization.
	40	+	7 (D) Suggested improvements in data collection.
	41	+	8 (E) A description of other interventions effective
	42	+	9 in reducing the rate of fatal or nonfatal drug
	43	+	10 overdose.
	44	+	11 (F) A description of efforts undertaken to educate
	45	+	12 the public about unused medication and about how to
	46	+	13 properly dispose of unused medication, including the
	47	+	14 number of registered collection receptacles in this
	48	+	15 State, mail-back programs, and drug take-back events.
	49	+	16 (G) An inventory of the State's substance use
	50	+	17 disorder treatment capacity, including, but not
	51	+	18 limited to:
	52	+	19 (i) The number and type of licensed treatment
	53	+	20 programs in each geographic area of the State.
	54	+	21 (ii) The availability of medication-assisted
	55	+	22 treatment at each licensed program and which types
	56	+	23 of medication-assisted treatment are available.
	57	+	24 (iii) The number of recovery homes that accept
	58	+	25 individuals using medication-assisted treatment in
	59	+	26 their recovery.
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60	61
61		-	(iv) The number of medical professionals
62		-	currently authorized to prescribe buprenorphine
63		-	and the number of individuals who fill
64		-	prescriptions for that medication at retail
65		-	pharmacies as prescribed.
66		-	(v) Any partnerships between programs licensed
67		-	by the Department and other providers of
68		-	medication-assisted treatment.
69		-	(vi) Any challenges in providing
70		-	medication-assisted treatment reported by programs
71		-	licensed by the Department and any potential
72		-	solutions.
73		-	(b) Programs; drug overdose prevention.
74		-	(1) The Department may establish a program to provide
75		-	for the production and publication, in electronic and
76		-	other formats, of drug overdose prevention, recognition,
77		-	and response literature. The Department may develop and
78		-	disseminate curricula for use by professionals,
79		-	organizations, individuals, or committees interested in
80		-	the prevention of fatal and nonfatal drug overdose,
81		-	including, but not limited to, drug users, jail and prison
82		-	personnel, jail and prison inmates, drug treatment
83		-	professionals, emergency medical personnel, hospital
84		-	staff, families and associates of drug users, peace
85		-	officers, firefighters, public safety officers, needle
86		-	exchange program staff, and other persons. In addition to
87	62
88	63
89		-	information regarding drug overdose prevention,
90		-	recognition, and response, literature produced by the
91		-	Department shall stress that drug use remains illegal and
92		-	highly dangerous and that complete abstinence from illegal
93		-	drug use is the healthiest choice. The literature shall
94		-	provide information and resources for substance use
95		-	disorder treatment.
96		-	The Department may establish or authorize programs for
97		-	prescribing, dispensing, or distributing opioid
98		-	antagonists for the treatment of drug overdose. Such
99		-	programs may include the prescribing of opioid antagonists
100		-	for the treatment of drug overdose to a person who is not
101		-	at risk of opioid overdose but who, in the judgment of the
102		-	health care professional, may be in a position to assist
103		-	another individual during an opioid-related drug overdose
104		-	and who has received basic instruction on how to
105		-	administer an opioid antagonist.
106		-	(2) The Department may provide advice to State and
107		-	local officials on the growing drug overdose crisis,
108		-	including the prevalence of drug overdose incidents,
109		-	programs promoting the disposal of unused prescription
110		-	drugs, trends in drug overdose incidents, and solutions to
111		-	the drug overdose crisis.
112		-	(3) The Department may support drug overdose
113		-	prevention, recognition, and response projects by
114		-	facilitating the acquisition of opioid antagonist
	64	+
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117		-	medication approved for opioid overdose reversal,
118		-	facilitating the acquisition of opioid antagonist
119		-	medication approved for opioid overdose reversal,
120		-	providing trainings in overdose prevention best practices,
121		-	connecting programs to medical resources, establishing a
122		-	statewide standing order for the acquisition of needed
123		-	medication, establishing learning collaboratives between
124		-	localities and programs, and assisting programs in
125		-	navigating any regulatory requirements for establishing or
126		-	expanding such programs.
127		-	(4) In supporting best practices in drug overdose
128		-	prevention programming, the Department may promote the
129		-	following programmatic elements:
130		-	(A) Training individuals who currently use drugs
131		-	in the administration of opioid antagonists approved
132		-	for the reversal of an opioid overdose.
133		-	(B) Directly distributing opioid antagonists
134		-	approved for the reversal of an opioid overdose rather
135		-	than providing prescriptions to be filled at a
136		-	pharmacy.
137		-	(C) Conducting street and community outreach to
138		-	work directly with individuals who are using drugs.
139		-	(D) Employing community health workers or peer
140		-	recovery specialists who are familiar with the
141		-	communities served and can provide culturally
142		-	competent services.
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	70	+	1 (iv) The number of medical professionals
	71	+	2 currently authorized to prescribe buprenorphine
	72	+	3 and the number of individuals who fill
	73	+	4 prescriptions for that medication at retail
	74	+	5 pharmacies as prescribed.
	75	+	6 (v) Any partnerships between programs licensed
	76	+	7 by the Department and other providers of
	77	+	8 medication-assisted treatment.
	78	+	9 (vi) Any challenges in providing
	79	+	10 medication-assisted treatment reported by programs
	80	+	11 licensed by the Department and any potential
	81	+	12 solutions.
	82	+	13 (b) Programs; drug overdose prevention.
	83	+	14 (1) The Department may establish a program to provide
	84	+	15 for the production and publication, in electronic and
	85	+	16 other formats, of drug overdose prevention, recognition,
	86	+	17 and response literature. The Department may develop and
	87	+	18 disseminate curricula for use by professionals,
	88	+	19 organizations, individuals, or committees interested in
	89	+	20 the prevention of fatal and nonfatal drug overdose,
	90	+	21 including, but not limited to, drug users, jail and prison
	91	+	22 personnel, jail and prison inmates, drug treatment
	92	+	23 professionals, emergency medical personnel, hospital
	93	+	24 staff, families and associates of drug users, peace
	94	+	25 officers, firefighters, public safety officers, needle
	95	+	26 exchange program staff, and other persons. In addition to
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145		-	(E) Collaborating with other community-based
146		-	organizations, substance use disorder treatment
147		-	centers, or other health care providers engaged in
148		-	treating individuals who are using drugs.
149		-	(F) Providing linkages for individuals to obtain
150		-	evidence-based substance use disorder treatment.
151		-	(G) Engaging individuals exiting jails or prisons
152		-	who are at a high risk of overdose.
153		-	(H) Providing education and training to
154		-	community-based organizations who work directly with
155		-	individuals who are using drugs and those individuals'
156		-	families and communities.
157		-	(I) Providing education and training on drug
158		-	overdose prevention and response to emergency
159		-	personnel and law enforcement.
160		-	(J) Informing communities of the important role
161		-	emergency personnel play in responding to accidental
162		-	overdose.
163		-	(K) Producing and distributing targeted mass media
164		-	materials on drug overdose prevention and response,
165		-	the potential dangers of leaving unused prescription
166		-	drugs in the home, and the proper methods for
167		-	disposing of unused prescription drugs.
168		-	(c) Grants.
169		-	(1) The Department may award grants, in accordance
170		-	with this subsection, to create or support local drug
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172	99
173		-	overdose prevention, recognition, and response projects.
174		-	Local health departments, correctional institutions,
175		-	hospitals, universities, community-based organizations,
176		-	and faith-based organizations may apply to the Department
177		-	for a grant under this subsection at the time and in the
178		-	manner the Department prescribes. Eligible grant
179		-	activities include, but are not limited to, purchasing and
180		-	distributing opioid antagonists, hiring peer recovery
181		-	specialists or other community members to conduct
182		-	community outreach, and hosting public health fairs or
183		-	events to distribute opioid antagonists, promote harm
184		-	reduction activities, and provide linkages to community
185		-	partners.
186		-	(2) In awarding grants, the Department shall consider
187		-	the overall rate of opioid overdose, the rate of increase
188		-	in opioid overdose, and racial disparities in opioid
189		-	overdose experienced by the communities to be served by
190		-	grantees. The Department shall encourage all grant
191		-	applicants to develop interventions that will be effective
192		-	and viable in their local areas.
193		-	(3) (Blank).
194		-	(3.5) Any hospital licensed under the Hospital
195		-	Licensing Act or organized under the University of
196		-	Illinois Hospital Act shall be deemed to have met the
197		-	standards and requirements set forth in this Section to
198		-	enroll in the drug overdose prevention program upon
	100	+
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201		-	completion of the enrollment process except that proof of
202		-	a standing order and attestation of programmatic
203		-	requirements shall be waived for enrollment purposes.
204		-	Reporting mandated by enrollment shall be necessary to
205		-	carry out or attain eligibility for associated resources
206		-	under this Section for drug overdose prevention projects
207		-	operated on the licensed premises of the hospital and
208		-	operated by the hospital or its designated agent. The
209		-	Department shall streamline hospital enrollment for drug
210		-	overdose prevention programs by accepting such deemed
211		-	status under this Section in order to reduce barriers to
212		-	hospital participation in drug overdose prevention,
213		-	recognition, or response projects.
214		-	(4) In addition to moneys appropriated by the General
215		-	Assembly, the Department may seek grants from private
216		-	foundations, the federal government, and other sources to
217		-	fund the grants under this Section and to fund an
218		-	evaluation of the programs supported by the grants.
219		-	(d) Health care professional prescription of opioid
220		-	antagonists.
221		-	(1) A health care professional who, acting in good
222		-	faith, directly or by standing order, prescribes or
223		-	dispenses an opioid antagonist to: (a) a patient who, in
224		-	the judgment of the health care professional, is capable
225		-	of administering the drug in an emergency, or (b) a person
226		-	who is not at risk of opioid overdose but who, in the
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	106	+	1 information regarding drug overdose prevention,
	107	+	2 recognition, and response, literature produced by the
	108	+	3 Department shall stress that drug use remains illegal and
	109	+	4 highly dangerous and that complete abstinence from illegal
	110	+	5 drug use is the healthiest choice. The literature shall
	111	+	6 provide information and resources for substance use
	112	+	7 disorder treatment.
	113	+	8 The Department may establish or authorize programs for
	114	+	9 prescribing, dispensing, or distributing opioid
	115	+	10 antagonists for the treatment of drug overdose. Such
	116	+	11 programs may include the prescribing of opioid antagonists
	117	+	12 for the treatment of drug overdose to a person who is not
	118	+	13 at risk of opioid overdose but who, in the judgment of the
	119	+	14 health care professional, may be in a position to assist
	120	+	15 another individual during an opioid-related drug overdose
	121	+	16 and who has received basic instruction on how to
	122	+	17 administer an opioid antagonist.
	123	+	18 (2) The Department may provide advice to State and
	124	+	19 local officials on the growing drug overdose crisis,
	125	+	20 including the prevalence of drug overdose incidents,
	126	+	21 programs promoting the disposal of unused prescription
	127	+	22 drugs, trends in drug overdose incidents, and solutions to
	128	+	23 the drug overdose crisis.
	129	+	24 (3) The Department may support drug overdose
	130	+	25 prevention, recognition, and response projects by
	131	+	26 facilitating the acquisition of opioid antagonist
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228	133
229		-	judgment of the health care professional, may be in a
230		-	position to assist another individual during an
231		-	opioid-related drug overdose and who has received basic
232		-	instruction on how to administer an opioid antagonist
233		-	shall not, as a result of his or her acts or omissions, be
234		-	subject to: (i) any disciplinary or other adverse action
235		-	under the Medical Practice Act of 1987, the Physician
236		-	Assistant Practice Act of 1987, the Nurse Practice Act,
237		-	the Pharmacy Practice Act, or any other professional
238		-	licensing statute or (ii) any criminal liability, except
239		-	for willful and wanton misconduct.
240		-	(1.5) Notwithstanding any provision of or requirement
241		-	otherwise imposed by the Pharmacy Practice Act, the
242		-	Medical Practice Act of 1987, or any other law or rule,
243		-	including, but not limited to, any requirement related to
244		-	labeling, storage, or recordkeeping, a health care
245		-	professional or other person acting under the direction of
246		-	a health care professional may, directly or by standing
247		-	order, obtain, store, and dispense an opioid antagonist to
248		-	a patient in a facility that includes, but is not limited
249		-	to, a hospital, a hospital affiliate, or a federally
250		-	qualified health center if the patient information
251		-	specified in paragraph (4) of this subsection is provided
252		-	to the patient. A person acting in accordance with this
253		-	paragraph shall not, as a result of his or her acts or
254		-	omissions, be subject to: (i) any disciplinary or other
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256	135
257		-	adverse action under the Medical Practice Act of 1987, the
258		-	Physician Assistant Practice Act of 1987, the Nurse
259		-	Practice Act, the Pharmacy Practice Act, or any other
260		-	professional licensing statute; or (ii) any criminal
261		-	liability, except for willful and wanton misconduct.
262		-	(2) A person who is not otherwise licensed to
263		-	administer an opioid antagonist may in an emergency
264		-	administer without fee an opioid antagonist if the person
265		-	has received the patient information specified in
266		-	paragraph (4) of this subsection and believes in good
267		-	faith that another person is experiencing a drug overdose.
268		-	The person shall not, as a result of his or her acts or
269		-	omissions, be (i) liable for any violation of the Medical
270		-	Practice Act of 1987, the Physician Assistant Practice Act
271		-	of 1987, the Nurse Practice Act, the Pharmacy Practice
272		-	Act, or any other professional licensing statute, or (ii)
273		-	subject to any criminal prosecution or civil liability,
274		-	except for willful and wanton misconduct.
275		-	(3) A health care professional prescribing an opioid
276		-	antagonist to a patient shall ensure that the patient
277		-	receives the patient information specified in paragraph
278		-	(4) of this subsection. Patient information may be
279		-	provided by the health care professional or a
280		-	community-based organization, substance use disorder
281		-	program, or other organization with which the health care
282		-	professional establishes a written agreement that includes
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285		-	a description of how the organization will provide patient
286		-	information, how employees or volunteers providing
287		-	information will be trained, and standards for documenting
288		-	the provision of patient information to patients.
289		-	Provision of patient information shall be documented in
290		-	the patient's medical record or through similar means as
291		-	determined by agreement between the health care
292		-	professional and the organization. The Department, in
293		-	consultation with statewide organizations representing
294		-	physicians, pharmacists, advanced practice registered
295		-	nurses, physician assistants, substance use disorder
296		-	programs, and other interested groups, shall develop and
297		-	disseminate to health care professionals, community-based
298		-	organizations, substance use disorder programs, and other
299		-	organizations training materials in video, electronic, or
300		-	other formats to facilitate the provision of such patient
301		-	information.
302		-	(4) For the purposes of this subsection:
303		-	"Opioid antagonist" means a drug that binds to opioid
304		-	receptors and blocks or inhibits the effect of opioids
305		-	acting on those receptors, including, but not limited to,
306		-	naloxone hydrochloride or any other similarly acting drug
307		-	approved by the U.S. Food and Drug Administration.
308		-	"Health care professional" means a physician licensed
309		-	to practice medicine in all its branches, a licensed
310		-	physician assistant with prescriptive authority, a
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	142	+	1 medication approved for opioid overdose reversal,
	143	+	2 facilitating the acquisition of opioid antagonist
	144	+	3 medication approved for opioid overdose reversal,
	145	+	4 providing trainings in overdose prevention best practices,
	146	+	5 connecting programs to medical resources, establishing a
	147	+	6 statewide standing order for the acquisition of needed
	148	+	7 medication, establishing learning collaboratives between
	149	+	8 localities and programs, and assisting programs in
	150	+	9 navigating any regulatory requirements for establishing or
	151	+	10 expanding such programs.
	152	+	11 (4) In supporting best practices in drug overdose
	153	+	12 prevention programming, the Department may promote the
	154	+	13 following programmatic elements:
	155	+	14 (A) Training individuals who currently use drugs
	156	+	15 in the administration of opioid antagonists approved
	157	+	16 for the reversal of an opioid overdose.
	158	+	17 (B) Directly distributing opioid antagonists
	159	+	18 approved for the reversal of an opioid overdose rather
	160	+	19 than providing prescriptions to be filled at a
	161	+	20 pharmacy.
	162	+	21 (C) Conducting street and community outreach to
	163	+	22 work directly with individuals who are using drugs.
	164	+	23 (D) Employing community health workers or peer
	165	+	24 recovery specialists who are familiar with the
	166	+	25 communities served and can provide culturally
	167	+	26 competent services.
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312	169
313		-	licensed advanced practice registered nurse with
314		-	prescriptive authority, an advanced practice registered
315		-	nurse or physician assistant who practices in a hospital,
316		-	hospital affiliate, or ambulatory surgical treatment
317		-	center and possesses appropriate clinical privileges in
318		-	accordance with the Nurse Practice Act, or a pharmacist
319		-	licensed to practice pharmacy under the Pharmacy Practice
320		-	Act.
321		-	"Patient" includes a person who is not at risk of
322		-	opioid overdose but who, in the judgment of the physician,
323		-	advanced practice registered nurse, or physician
324		-	assistant, may be in a position to assist another
325		-	individual during an overdose and who has received patient
326		-	information as required in paragraph (2) of this
327		-	subsection on the indications for and administration of an
328		-	opioid antagonist.
329		-	"Patient information" includes information provided to
330		-	the patient on drug overdose prevention and recognition;
331		-	how to perform rescue breathing and resuscitation; opioid
332		-	antagonist dosage and administration; the importance of
333		-	calling 911; care for the overdose victim after
334		-	administration of the overdose antagonist; and other
335		-	issues as necessary.
336		-	(e) Drug overdose response policy.
337		-	(1) Every State and local government agency that
338		-	employs a law enforcement officer or fireman as those
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340	171
341		-	terms are defined in the Line of Duty Compensation Act
342		-	must possess opioid antagonists and must establish a
343		-	policy to control the acquisition, storage,
344		-	transportation, and administration of such opioid
345		-	antagonists and to provide training in the administration
346		-	of opioid antagonists. A State or local government agency
347		-	that employs a probation officer, as defined in Section 9b
348		-	of the Probation and Probation Officers Act, or a fireman
349		-	as defined in the Line of Duty Compensation Act but does
350		-	not respond to emergency medical calls or provide medical
351		-	services shall be exempt from this subsection.
352		-	(2) Every publicly or privately owned ambulance,
353		-	special emergency medical services vehicle, non-transport
354		-	vehicle, or ambulance assist vehicle, as described in the
355		-	Emergency Medical Services (EMS) Systems Act, that
356		-	responds to requests for emergency services or transports
357		-	patients between hospitals in emergency situations must
358		-	possess opioid antagonists.
359		-	(3) Entities that are required under paragraphs (1)
360		-	and (2) to possess opioid antagonists may also apply to
361		-	the Department for a grant to fund the acquisition of
362		-	opioid antagonists and training programs on the
363		-	administration of opioid antagonists.
364		-	(Source: P.A. 101-356, eff. 8-9-19; 102-598, eff. 1-1-22.)
365		-	Section 10. The Pretrial Services Act is amended by
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367	175
368		-	changing Sections 1, 1.5, 2, 3, 4, 5, 8, 9, 10, 12, 13, 14, 15,
369		-	17, 22, 24, 30, and 33 and by adding Sections 0.02, 0.03, and
370		-	0.04 as follows:
371		-	(725 ILCS 185/0.02 new)
372		-	Sec. 0.02. Definitions. In this Act:
373		-	"Director" means the Director of the Office of Statewide
374		-	Pretrial Services.
375		-	"Local pretrial services" means a pretrial services other
376		-	than the Office who is providing pretrial services.
377		-	"Pretrial services" means any providing services to the
378		-	circuit court as provided for in this Act, including the
379		-	Office.
380		-	"Office" means the Office of Statewide Pretrial Services.
381		-	(725 ILCS 185/0.03 new)
382		-	Sec. 0.03. Office of Statewide Pretrial Services;
383		-	establishment. There is established in the judicial branch of
384		-	State government an office to be known as the Office of
385		-	Statewide Pretrial Services. This office shall be under the
386		-	supervision and direction of a Director who shall be appointed
387		-	by a vote of a majority of the Illinois Supreme Court Justices
388		-	for a 4-year term and until a successor is appointed and
389		-	qualified. The Director shall adopt rules, instructions, and
390		-	orders, consistent with this Act, further defining the
391		-	organization of this office and the duties of its employees.
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	178	+	1 (E) Collaborating with other community-based
	179	+	2 organizations, substance use disorder treatment
	180	+	3 centers, or other health care providers engaged in
	181	+	4 treating individuals who are using drugs.
	182	+	5 (F) Providing linkages for individuals to obtain
	183	+	6 evidence-based substance use disorder treatment.
	184	+	7 (G) Engaging individuals exiting jails or prisons
	185	+	8 who are at a high risk of overdose.
	186	+	9 (H) Providing education and training to
	187	+	10 community-based organizations who work directly with
	188	+	11 individuals who are using drugs and those individuals'
	189	+	12 families and communities.
	190	+	13 (I) Providing education and training on drug
	191	+	14 overdose prevention and response to emergency
	192	+	15 personnel and law enforcement.
	193	+	16 (J) Informing communities of the important role
	194	+	17 emergency personnel play in responding to accidental
	195	+	18 overdose.
	196	+	19 (K) Producing and distributing targeted mass media
	197	+	20 materials on drug overdose prevention and response,
	198	+	21 the potential dangers of leaving unused prescription
	199	+	22 drugs in the home, and the proper methods for
	200	+	23 disposing of unused prescription drugs.
	201	+	24 (c) Grants.
	202	+	25 (1) The Department may award grants, in accordance
	203	+	26 with this subsection, to create or support local drug
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394		-	The Illinois Supreme Court shall approve or modify an
395		-	operational budget submitted to it by the Office of Statewide
396		-	Pretrial Services and set the number of employees each year.
397		-	(725 ILCS 185/0.04 new)
398		-	Sec. 0.04. Powers and duties.
399		-	(a) The Office shall provide pretrial services as provided
400		-	in Section 7 to circuit courts or counties without existing
401		-	pretrial services agencies.
402		-	(b) The Office shall develop, establish, adopt, and
403		-	enforce uniform standards for pretrial services in this State.
404		-	(c) The Office may:
405		-	(1) hire and train State employed pretrial personnel;
406		-	(2) establish qualifications for pretrial officers as
407		-	to hiring, promotion, and training;
408		-	(3) establish a system of training and orientation for
409		-	local pretrial services agencies;
410		-	(4) Develop standards and approve employee
411		-	compensation schedules for local pretrial services
412		-	agencies;
413		-	(5) establish a system of uniform forms;
414		-	(6) develop standards for a system of recordkeeping
415		-	for local pretrial services agencies;
416		-	(7) gather statistics and develop research for
417		-	planning of pretrial services in Illinois;
418		-	(8) establish a means of verifying the conditions for
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421		-	reimbursement under this Act for local pretrial services
422		-	agencies and develop criteria for approved costs for
423		-	reimbursement;
424		-	(9) monitor and evaluate all pretrial programs
425		-	operated by local pretrial services agencies;
426		-	(10) review and approve annual plans submitted by
427		-	local pretrial services agencies; and
428		-	(11) establish such other standards and regulations
429		-	and do all acts necessary to carry out the intent and
430		-	purposes of this Act.
431		-	(725 ILCS 185/1) (from Ch. 38, par. 301)
432		-	Sec. 1. Pretrial services shall be provided by a local
433		-	pretrial services agency or the Office. The pretrial services
434		-	agency shall provide Each circuit court shall establish a
435		-	pretrial services agency to provide the circuit court with
436		-	accurate background data regarding the pretrial release of
437		-	persons charged with felonies and effective supervision of
438		-	compliance with the terms and conditions imposed on release.
439		-	(Source: P.A. 84-1449.)
440		-	(725 ILCS 185/1.5)
441		-	Sec. 1.5. Framework facilitating the hiring and training
442		-	of new State-employed pretrial services personnel to serve
443		-	circuit courts or counties without existing pretrial services
444		-	agencies. Notwithstanding anything in this Act to the
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447		-	contrary, the Office shall hire Supreme Court is encouraged to
448		-	establish a framework that facilitates the hiring and train
449		-	training of new State-employed pretrial services personnel to
450		-	serve circuit courts or counties without existing pretrial
451		-	services agencies, as required by Section 1. Nothing in this
452		-	amendatory Act of the 103rd General Assembly shall be
453		-	constructed to invalidate, diminish, or otherwise interfere
454		-	with any collective bargaining agreement or representation
455		-	rights under the Illinois Public Labor Relations Act, if
456		-	applicable.
457		-	(Source: P.A. 102-694, eff. 1-7-22.)
458		-	(725 ILCS 185/2) (from Ch. 38, par. 302)
459		-	Sec. 2. Local pretrial Pretrial services agencies may be
460		-	independent divisions of the circuit courts accountable to the
461		-	chief judge or his designee for program activities. The
462		-	agencies shall be supervised by a program director appointed
463		-	by the chief judge and removable for cause. The chief judge or
464		-	his designee shall have the authority to hire, terminate or
465		-	discipline local pretrial services agency personnel on
466		-	recommendation of the program director.
467		-	(Source: P.A. 84-1449.)
468		-	(725 ILCS 185/3) (from Ch. 38, par. 303)
469		-	Sec. 3. Pretrial services shall be provided by the Office
470		-	The functions of the pretrial services agency shall be
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	214	+	1 overdose prevention, recognition, and response projects.
	215	+	2 Local health departments, correctional institutions,
	216	+	3 hospitals, universities, community-based organizations,
	217	+	4 and faith-based organizations may apply to the Department
	218	+	5 for a grant under this subsection at the time and in the
	219	+	6 manner the Department prescribes. Eligible grant
	220	+	7 activities include, but are not limited to, purchasing and
	221	+	8 distributing opioid antagonists, hiring peer recovery
	222	+	9 specialists or other community members to conduct
	223	+	10 community outreach, and hosting public health fairs or
	224	+	11 events to distribute opioid antagonists, promote harm
	225	+	12 reduction activities, and provide linkages to community
	226	+	13 partners.
	227	+	14 (2) In awarding grants, the Department shall consider
	228	+	15 the overall rate of opioid overdose, the rate of increase
	229	+	16 in opioid overdose, and racial disparities in opioid
	230	+	17 overdose experienced by the communities to be served by
	231	+	18 grantees. The Department shall encourage all grant
	232	+	19 applicants to develop interventions that will be effective
	233	+	20 and viable in their local areas.
	234	+	21 (3) (Blank).
	235	+	22 (3.5) Any hospital licensed under the Hospital
	236	+	23 Licensing Act or organized under the University of
	237	+	24 Illinois Hospital Act shall be deemed to have met the
	238	+	25 standards and requirements set forth in this Section to
	239	+	26 enroll in the drug overdose prevention program upon
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473		-	assigned to the Department of Probation and Court Services or
474		-	other arm of the court where the volume of criminal
475		-	proceedings does not justify the establishment of a local
476		-	pretrial services agency separate division.
477		-	(Source: P.A. 84-1449.)
478		-	(725 ILCS 185/4) (from Ch. 38, par. 304)
479		-	Sec. 4. All local pretrial services agency personnel shall
480		-	be full-time employees supervised by the director and, except
481		-	for secretarial staff, subject to the hiring and training
482		-	requirements established by the Office Supreme Court as
483		-	provided in "An Act providing for a system of probation, for
484		-	the appointment and compensation of probation officers, and
485		-	authorizing the suspension of final judgment and the
486		-	imposition of sentence upon persons found guilty of certain
487		-	defined crimes and offenses, and legalizing their ultimate
488		-	discharge without punishment", approved June 10, 1911, as
489		-	amended.
490		-	(Source: P.A. 84-1449.)
491		-	(725 ILCS 185/5) (from Ch. 38, par. 305)
492		-	Sec. 5. The compensation for local pretrial services
493		-	agency personnel shall be commensurate with salaries and other
494		-	benefits accorded probation department employees.
495		-	(Source: P.A. 84-1449.)
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497	243
498		-	(725 ILCS 185/8) (from Ch. 38, par. 308)
499		-	Sec. 8. In addition to the foregoing, local pretrial
500		-	services agencies may with the approval of the chief judge
501		-	provide one or more of the following services to the circuit
502		-	court:
503		-	(a) Supervise compliance with the terms and conditions
504		-	imposed by the courts for appeal bonds; and
505		-	(b) Assist in such other pretrial services activities as
506		-	may be delegated to the agency by the court.
507		-	(Source: P.A. 84-1449.)
508		-	(725 ILCS 185/9) (from Ch. 38, par. 309)
509		-	Sec. 9. Pretrial services agencies shall have standing
510		-	court authority to interview and process all persons charged
511		-	with non-capital felonies either before or after first
512		-	appearance if the person is in custody. The chief judge and
513		-	program director of the pretrial services agency may establish
514		-	interviewing priorities where resources do not permit total
515		-	coverage, but no other criteria shall be employed to exclude
516		-	categories of offenses or offenders from program operations.
517		-	(Source: P.A. 84-1449.)
518		-	(725 ILCS 185/10) (from Ch. 38, par. 310)
519		-	Sec. 10. The chief judge and program director of the local
520		-	pretrial services agency shall continuously assess the
521		-	benefits of agency intervention before or after the first
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524		-	appearance of accused persons. In determining the best
525		-	allocation of available resources, consideration shall be
526		-	given to current release practices of first appearance judges
527		-	in misdemeanor and lesser felony cases; the logistics of
528		-	pre-first appearance intervention where decentralized
529		-	detention facilities are utilized; the availability of
530		-	verification resources for pre-first appearance intervention;
531		-	and the ultimate goal of prompt and informed determinations of
532		-	pretrial release conditions.
533		-	(Source: P.A. 84-1449.)
534		-	(725 ILCS 185/12) (from Ch. 38, par. 312)
535		-	Sec. 12. Interviews shall be individually conducted by
536		-	agency personnel in facilities or locations which assure an
537		-	adequate opportunity for discussion, consistent with security
538		-	needs.
539		-	The chief judge or his designee shall maintain a
540		-	continuous liaison between the pretrial services agency
541		-	director and the sheriff, or other affected law enforcement
542		-	agencies, to assure that pretrial services interviewers have
543		-	prompt access consistent with security and law enforcement
544		-	needs to all prisoners after booking.
545		-	(Source: P.A. 84-1449.)
546		-	(725 ILCS 185/13) (from Ch. 38, par. 313)
547		-	Sec. 13. Information received from the arrested person as
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	250	+	1 completion of the enrollment process except that proof of
	251	+	2 a standing order and attestation of programmatic
	252	+	3 requirements shall be waived for enrollment purposes.
	253	+	4 Reporting mandated by enrollment shall be necessary to
	254	+	5 carry out or attain eligibility for associated resources
	255	+	6 under this Section for drug overdose prevention projects
	256	+	7 operated on the licensed premises of the hospital and
	257	+	8 operated by the hospital or its designated agent. The
	258	+	9 Department shall streamline hospital enrollment for drug
	259	+	10 overdose prevention programs by accepting such deemed
	260	+	11 status under this Section in order to reduce barriers to
	261	+	12 hospital participation in drug overdose prevention,
	262	+	13 recognition, or response projects.
	263	+	14 (4) In addition to moneys appropriated by the General
	264	+	15 Assembly, the Department may seek grants from private
	265	+	16 foundations, the federal government, and other sources to
	266	+	17 fund the grants under this Section and to fund an
	267	+	18 evaluation of the programs supported by the grants.
	268	+	19 (d) Health care professional prescription of opioid
	269	+	20 antagonists.
	270	+	21 (1) A health care professional who, acting in good
	271	+	22 faith, directly or by standing order, prescribes or
	272	+	23 dispenses an opioid antagonist to: (a) a patient who, in
	273	+	24 the judgment of the health care professional, is capable
	274	+	25 of administering the drug in an emergency, or (b) a person
	275	+	26 who is not at risk of opioid overdose but who, in the
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550		-	a result of the agency interview shall be recorded on uniform
551		-	interview forms created by the Office.
552		-	(Source: P.A. 84-1449.)
553		-	(725 ILCS 185/14) (from Ch. 38, par. 314)
554		-	Sec. 14. The pretrial services agency shall, after
555		-	interviewing arrestees, immediately verify and supplement the
556		-	information required by the uniform interview form before
557		-	submitting its report to the court. Minimum verification shall
558		-	include the interviewee's prior criminal record, residency,
559		-	and employment circumstances. The chief judge or his designee
560		-	shall assist the pretrial services agency program director in
561		-	establishing and maintaining cooperation with the circuit
562		-	clerk and law enforcement information systems to assure the
563		-	prompt verification of prior criminal records.
564		-	(Source: P.A. 84-1449.)
565		-	(725 ILCS 185/15) (from Ch. 38, par. 315)
566		-	Sec. 15. Verified and supplemental information assembled
567		-	by the pretrial services agency shall be recorded on a uniform
568		-	reporting form established by the Office Supreme Court.
569		-	(Source: P.A. 84-1449.)
570		-	(725 ILCS 185/17) (from Ch. 38, par. 317)
571		-	Sec. 17. Reports shall be in writing, signed by an
572		-	authorized representative of the pretrial services agency, and
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574	279
575		-	prepared on the uniform reporting form. Copies of the report
576		-	shall be provided to all parties and counsel of record. If the
577		-	report is filed with the court, the court shall deny public
578		-	access to the report.
579		-	(Source: P.A. 84-1449.)
580		-	(725 ILCS 185/22) (from Ch. 38, par. 322)
581		-	Sec. 22. If so ordered by the court, the pretrial services
582		-	agency shall prepare and submit for the court's approval and
583		-	signature a uniform release order on the uniform form
584		-	established by the Office Supreme Court in all cases where an
585		-	interviewee may be released from custody under conditions
586		-	contained in an agency report. Such conditions shall become
587		-	part of the conditions of pretrial release. A copy of the
588		-	uniform release order shall be provided to the defendant and
589		-	defendant's attorney of record, and the prosecutor.
590		-	(Source: P.A. 101-652, eff. 1-1-23.)
591		-	(725 ILCS 185/24) (from Ch. 38, par. 324)
592		-	Sec. 24. Where functions of the local pretrial services
593		-	agency have been delegated to a probation department or other
594		-	arm of the court under Section 3, their records shall be
595		-	segregated from other records. Two years after the date of the
596		-	first interview with a pretrial services agency
597		-	representative, the defendant may apply to the chief circuit
598		-	judge, or a judge designated by the chief circuit judge for
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600	283
601		-	these purposes, for an order expunging from the records of the
602		-	pretrial services agency all files pertaining to the
603		-	defendant.
604		-	(Source: P.A. 84-1449.)
605		-	(725 ILCS 185/30) (from Ch. 38, par. 330)
606		-	Sec. 30. Records and statistics shall be maintained by
607		-	local pretrial services agencies of their operations and
608		-	effect upon the criminal justice system, with monthly reports
609		-	submitted to the circuit court and the Office Supreme Court on
610		-	a uniform statistical form developed by the Supreme Court.
611		-	(Source: P.A. 84-1449.)
612		-	(725 ILCS 185/33) (from Ch. 38, par. 333)
613		-	Sec. 33. The Office Supreme Court shall pay from funds
614		-	appropriated to it for this purpose 100% of all approved costs
615		-	for pretrial services, including pretrial services officers,
616		-	necessary support personnel, travel costs reasonably related
617		-	to the delivery of pretrial services, space costs, equipment,
618		-	telecommunications, postage, commodities, printing and
619		-	contractual services. Costs shall be reimbursed monthly, based
620		-	on an annual a plan and budget approved by the Office Supreme
621		-	Court. No department may be reimbursed for costs which exceed
622		-	or are not provided for in the approved annual plan and budget.
623		-	The Mandatory Arbitration Fund may be used to reimburse
624		-	approved costs for pretrial services.
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	286	+	1 judgment of the health care professional, may be in a
	287	+	2 position to assist another individual during an
	288	+	3 opioid-related drug overdose and who has received basic
	289	+	4 instruction on how to administer an opioid antagonist
	290	+	5 shall not, as a result of his or her acts or omissions, be
	291	+	6 subject to: (i) any disciplinary or other adverse action
	292	+	7 under the Medical Practice Act of 1987, the Physician
	293	+	8 Assistant Practice Act of 1987, the Nurse Practice Act,
	294	+	9 the Pharmacy Practice Act, or any other professional
	295	+	10 licensing statute or (ii) any criminal liability, except
	296	+	11 for willful and wanton misconduct.
	297	+	12 (1.5) Notwithstanding any provision of or requirement
	298	+	13 otherwise imposed by the Pharmacy Practice Act, the
	299	+	14 Medical Practice Act of 1987, or any other law or rule,
	300	+	15 including, but not limited to, any requirement related to
	301	+	16 labeling, storage, or recordkeeping, a health care
	302	+	17 professional or other person acting under the direction of
	303	+	18 a health care professional may, directly or by standing
	304	+	19 order, obtain, store, and dispense an opioid antagonist to
	305	+	20 a patient in a facility that includes, but is not limited
	306	+	21 to, a hospital, a hospital affiliate, or a federally
	307	+	22 qualified health center if the patient information
	308	+	23 specified in paragraph (4) of this subsection is provided
	309	+	24 to the patient. A person acting in accordance with this
	310	+	25 paragraph shall not, as a result of his or her acts or
	311	+	26 omissions, be subject to: (i) any disciplinary or other
625	312
626	313
627		-	(Source: P.A. 94-91, eff. 7-1-05; 94-839, eff. 6-6-06; 95-331,
628		-	eff. 8-21-07; 95-707, eff. 1-11-08.)
629		-	(725 ILCS 185/6 rep.)
630		-	Section 15. The Pretrial Services Act is amended by
631		-	repealing Section 6.
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	322	+	1 adverse action under the Medical Practice Act of 1987, the
	323	+	2 Physician Assistant Practice Act of 1987, the Nurse
	324	+	3 Practice Act, the Pharmacy Practice Act, or any other
	325	+	4 professional licensing statute; or (ii) any criminal
	326	+	5 liability, except for willful and wanton misconduct.
	327	+	6 (2) A person who is not otherwise licensed to
	328	+	7 administer an opioid antagonist may in an emergency
	329	+	8 administer without fee an opioid antagonist if the person
	330	+	9 has received the patient information specified in
	331	+	10 paragraph (4) of this subsection and believes in good
	332	+	11 faith that another person is experiencing a drug overdose.
	333	+	12 The person shall not, as a result of his or her acts or
	334	+	13 omissions, be (i) liable for any violation of the Medical
	335	+	14 Practice Act of 1987, the Physician Assistant Practice Act
	336	+	15 of 1987, the Nurse Practice Act, the Pharmacy Practice
	337	+	16 Act, or any other professional licensing statute, or (ii)
	338	+	17 subject to any criminal prosecution or civil liability,
	339	+	18 except for willful and wanton misconduct.
	340	+	19 (3) A health care professional prescribing an opioid
	341	+	20 antagonist to a patient shall ensure that the patient
	342	+	21 receives the patient information specified in paragraph
	343	+	22 (4) of this subsection. Patient information may be
	344	+	23 provided by the health care professional or a
	345	+	24 community-based organization, substance use disorder
	346	+	25 program, or other organization with which the health care
	347	+	26 professional establishes a written agreement that includes
	348	+
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	358	+	1 a description of how the organization will provide patient
	359	+	2 information, how employees or volunteers providing
	360	+	3 information will be trained, and standards for documenting
	361	+	4 the provision of patient information to patients.
	362	+	5 Provision of patient information shall be documented in
	363	+	6 the patient's medical record or through similar means as
	364	+	7 determined by agreement between the health care
	365	+	8 professional and the organization. The Department, in
	366	+	9 consultation with statewide organizations representing
	367	+	10 physicians, pharmacists, advanced practice registered
	368	+	11 nurses, physician assistants, substance use disorder
	369	+	12 programs, and other interested groups, shall develop and
	370	+	13 disseminate to health care professionals, community-based
	371	+	14 organizations, substance use disorder programs, and other
	372	+	15 organizations training materials in video, electronic, or
	373	+	16 other formats to facilitate the provision of such patient
	374	+	17 information.
	375	+	18 (4) For the purposes of this subsection:
	376	+	19 "Opioid antagonist" means a drug that binds to opioid
	377	+	20 receptors and blocks or inhibits the effect of opioids
	378	+	21 acting on those receptors, including, but not limited to,
	379	+	22 naloxone hydrochloride or any other similarly acting drug
	380	+	23 approved by the U.S. Food and Drug Administration.
	381	+	24 "Health care professional" means a physician licensed
	382	+	25 to practice medicine in all its branches, a licensed
	383	+	26 physician assistant with prescriptive authority, a
	384	+
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	394	+	1 licensed advanced practice registered nurse with
	395	+	2 prescriptive authority, an advanced practice registered
	396	+	3 nurse or physician assistant who practices in a hospital,
	397	+	4 hospital affiliate, or ambulatory surgical treatment
	398	+	5 center and possesses appropriate clinical privileges in
	399	+	6 accordance with the Nurse Practice Act, or a pharmacist
	400	+	7 licensed to practice pharmacy under the Pharmacy Practice
	401	+	8 Act.
	402	+	9 "Patient" includes a person who is not at risk of
	403	+	10 opioid overdose but who, in the judgment of the physician,
	404	+	11 advanced practice registered nurse, or physician
	405	+	12 assistant, may be in a position to assist another
	406	+	13 individual during an overdose and who has received patient
	407	+	14 information as required in paragraph (2) of this
	408	+	15 subsection on the indications for and administration of an
	409	+	16 opioid antagonist.
	410	+	17 "Patient information" includes information provided to
	411	+	18 the patient on drug overdose prevention and recognition;
	412	+	19 how to perform rescue breathing and resuscitation; opioid
	413	+	20 antagonist dosage and administration; the importance of
	414	+	21 calling 911; care for the overdose victim after
	415	+	22 administration of the overdose antagonist; and other
	416	+	23 issues as necessary.
	417	+	24 (e) Drug overdose response policy.
	418	+	25 (1) Every State and local government agency that
	419	+	26 employs a law enforcement officer or fireman as those
	420	+
	421	+
	422	+
	423	+
	424	+
	425	+	HB4621 Enrolled - 12 - LRB103 36415 RLC 66517 b
	426	+
	427	+
	428	+	HB4621 Enrolled- 13 -LRB103 36415 RLC 66517 b HB4621 Enrolled - 13 - LRB103 36415 RLC 66517 b
	429	+	HB4621 Enrolled - 13 - LRB103 36415 RLC 66517 b
	430	+	1 terms are defined in the Line of Duty Compensation Act
	431	+	2 must possess opioid antagonists and must establish a
	432	+	3 policy to control the acquisition, storage,
	433	+	4 transportation, and administration of such opioid
	434	+	5 antagonists and to provide training in the administration
	435	+	6 of opioid antagonists. A State or local government agency
	436	+	7 that employs a probation officer, as defined in Section 9b
	437	+	8 of the Probation and Probation Officers Act, or a fireman
	438	+	9 as defined in the Line of Duty Compensation Act but does
	439	+	10 not respond to emergency medical calls or provide medical
	440	+	11 services shall be exempt from this subsection.
	441	+	12 (2) Every publicly or privately owned ambulance,
	442	+	13 special emergency medical services vehicle, non-transport
	443	+	14 vehicle, or ambulance assist vehicle, as described in the
	444	+	15 Emergency Medical Services (EMS) Systems Act, that
	445	+	16 responds to requests for emergency services or transports
	446	+	17 patients between hospitals in emergency situations must
	447	+	18 possess opioid antagonists.
	448	+	19 (3) Entities that are required under paragraphs (1)
	449	+	20 and (2) to possess opioid antagonists may also apply to
	450	+	21 the Department for a grant to fund the acquisition of
	451	+	22 opioid antagonists and training programs on the
	452	+	23 administration of opioid antagonists.
	453	+	24 (Source: P.A. 101-356, eff. 8-9-19; 102-598, eff. 1-1-22.)
	454	+	25 Section 10. The Pretrial Services Act is amended by
	455	+
	456	+
	457	+
	458	+
	459	+
	460	+	HB4621 Enrolled - 13 - LRB103 36415 RLC 66517 b
	461	+
	462	+
	463	+	HB4621 Enrolled- 14 -LRB103 36415 RLC 66517 b HB4621 Enrolled - 14 - LRB103 36415 RLC 66517 b
	464	+	HB4621 Enrolled - 14 - LRB103 36415 RLC 66517 b
	465	+	1 changing Sections 1, 1.5, 2, 3, 4, 5, 8, 9, 10, 12, 13, 14, 15,
	466	+	2 17, 22, 24, 30, and 33 and by adding Sections 0.02, 0.03, and
	467	+	3 0.04 as follows:
	468	+	4 (725 ILCS 185/0.02 new)
	469	+	5 Sec. 0.02. Definitions. In this Act:
	470	+	6 "Director" means the Director of the Office of Statewide
	471	+	7 Pretrial Services.
	472	+	8 "Local pretrial services" means a pretrial services other
	473	+	9 than the Office who is providing pretrial services.
	474	+	10 "Pretrial services" means any providing services to the
	475	+	11 circuit court as provided for in this Act, including the
	476	+	12 Office.
	477	+	13 "Office" means the Office of Statewide Pretrial Services.
	478	+	14 (725 ILCS 185/0.03 new)
	479	+	15 Sec. 0.03. Office of Statewide Pretrial Services;
	480	+	16 establishment. There is established in the judicial branch of
	481	+	17 State government an office to be known as the Office of
	482	+	18 Statewide Pretrial Services. This office shall be under the
	483	+	19 supervision and direction of a Director who shall be appointed
	484	+	20 by a vote of a majority of the Illinois Supreme Court Justices
	485	+	21 for a 4-year term and until a successor is appointed and
	486	+	22 qualified. The Director shall adopt rules, instructions, and
	487	+	23 orders, consistent with this Act, further defining the
	488	+	24 organization of this office and the duties of its employees.
	489	+
	490	+
	491	+
	492	+
	493	+
	494	+	HB4621 Enrolled - 14 - LRB103 36415 RLC 66517 b
	495	+
	496	+
	497	+	HB4621 Enrolled- 15 -LRB103 36415 RLC 66517 b HB4621 Enrolled - 15 - LRB103 36415 RLC 66517 b
	498	+	HB4621 Enrolled - 15 - LRB103 36415 RLC 66517 b
	499	+	1 The Illinois Supreme Court shall approve or modify an
	500	+	2 operational budget submitted to it by the Office of Statewide
	501	+	3 Pretrial Services and set the number of employees each year.
	502	+	4 (725 ILCS 185/0.04 new)
	503	+	5 Sec. 0.04. Powers and duties.
	504	+	6 (a) The Office shall provide pretrial services as provided
	505	+	7 in Section 7 to circuit courts or counties without existing
	506	+	8 pretrial services agencies.
	507	+	9 (b) The Office shall develop, establish, adopt, and
	508	+	10 enforce uniform standards for pretrial services in this State.
	509	+	11 (c) The Office may:
	510	+	12 (1) hire and train State employed pretrial personnel;
	511	+	13 (2) establish qualifications for pretrial officers as
	512	+	14 to hiring, promotion, and training;
	513	+	15 (3) establish a system of training and orientation for
	514	+	16 local pretrial services agencies;
	515	+	17 (4) Develop standards and approve employee
	516	+	18 compensation schedules for local pretrial services
	517	+	19 agencies;
	518	+	20 (5) establish a system of uniform forms;
	519	+	21 (6) develop standards for a system of recordkeeping
	520	+	22 for local pretrial services agencies;
	521	+	23 (7) gather statistics and develop research for
	522	+	24 planning of pretrial services in Illinois;
	523	+	25 (8) establish a means of verifying the conditions for
	524	+
	525	+
	526	+
	527	+
	528	+
	529	+	HB4621 Enrolled - 15 - LRB103 36415 RLC 66517 b
	530	+
	531	+
	532	+	HB4621 Enrolled- 16 -LRB103 36415 RLC 66517 b HB4621 Enrolled - 16 - LRB103 36415 RLC 66517 b
	533	+	HB4621 Enrolled - 16 - LRB103 36415 RLC 66517 b
	534	+	1 reimbursement under this Act for local pretrial services
	535	+	2 agencies and develop criteria for approved costs for
	536	+	3 reimbursement;
	537	+	4 (9) monitor and evaluate all pretrial programs
	538	+	5 operated by local pretrial services agencies;
	539	+	6 (10) review and approve annual plans submitted by
	540	+	7 local pretrial services agencies; and
	541	+	8 (11) establish such other standards and regulations
	542	+	9 and do all acts necessary to carry out the intent and
	543	+	10 purposes of this Act.
	544	+	11 (725 ILCS 185/1) (from Ch. 38, par. 301)
	545	+	12 Sec. 1. Pretrial services shall be provided by a local
	546	+	13 pretrial services agency or the Office. The pretrial services
	547	+	14 agency shall provide Each circuit court shall establish a
	548	+	15 pretrial services agency to provide the circuit court with
	549	+	16 accurate background data regarding the pretrial release of
	550	+	17 persons charged with felonies and effective supervision of
	551	+	18 compliance with the terms and conditions imposed on release.
	552	+	19 (Source: P.A. 84-1449.)
	553	+	20 (725 ILCS 185/1.5)
	554	+	21 Sec. 1.5. Framework facilitating the hiring and training
	555	+	22 of new State-employed pretrial services personnel to serve
	556	+	23 circuit courts or counties without existing pretrial services
	557	+	24 agencies. Notwithstanding anything in this Act to the
	558	+
	559	+
	560	+
	561	+
	562	+
	563	+	HB4621 Enrolled - 16 - LRB103 36415 RLC 66517 b
	564	+
	565	+
	566	+	HB4621 Enrolled- 17 -LRB103 36415 RLC 66517 b HB4621 Enrolled - 17 - LRB103 36415 RLC 66517 b
	567	+	HB4621 Enrolled - 17 - LRB103 36415 RLC 66517 b
	568	+	1 contrary, the Office shall hire Supreme Court is encouraged to
	569	+	2 establish a framework that facilitates the hiring and train
	570	+	3 training of new State-employed pretrial services personnel to
	571	+	4 serve circuit courts or counties without existing pretrial
	572	+	5 services agencies, as required by Section 1. Nothing in this
	573	+	6 amendatory Act of the 103rd General Assembly shall be
	574	+	7 constructed to invalidate, diminish, or otherwise interfere
	575	+	8 with any collective bargaining agreement or representation
	576	+	9 rights under the Illinois Public Labor Relations Act, if
	577	+	10 applicable.
	578	+	11 (Source: P.A. 102-694, eff. 1-7-22.)
	579	+	12 (725 ILCS 185/2) (from Ch. 38, par. 302)
	580	+	13 Sec. 2. Local pretrial Pretrial services agencies may be
	581	+	14 independent divisions of the circuit courts accountable to the
	582	+	15 chief judge or his designee for program activities. The
	583	+	16 agencies shall be supervised by a program director appointed
	584	+	17 by the chief judge and removable for cause. The chief judge or
	585	+	18 his designee shall have the authority to hire, terminate or
	586	+	19 discipline local pretrial services agency personnel on
	587	+	20 recommendation of the program director.
	588	+	21 (Source: P.A. 84-1449.)
	589	+	22 (725 ILCS 185/3) (from Ch. 38, par. 303)
	590	+	23 Sec. 3. Pretrial services shall be provided by the Office
	591	+	24 The functions of the pretrial services agency shall be
	592	+
	593	+
	594	+
	595	+
	596	+
	597	+	HB4621 Enrolled - 17 - LRB103 36415 RLC 66517 b
	598	+
	599	+
	600	+	HB4621 Enrolled- 18 -LRB103 36415 RLC 66517 b HB4621 Enrolled - 18 - LRB103 36415 RLC 66517 b
	601	+	HB4621 Enrolled - 18 - LRB103 36415 RLC 66517 b
	602	+	1 assigned to the Department of Probation and Court Services or
	603	+	2 other arm of the court where the volume of criminal
	604	+	3 proceedings does not justify the establishment of a local
	605	+	4 pretrial services agency separate division.
	606	+	5 (Source: P.A. 84-1449.)
	607	+	6 (725 ILCS 185/4) (from Ch. 38, par. 304)
	608	+	7 Sec. 4. All local pretrial services agency personnel shall
	609	+	8 be full-time employees supervised by the director and, except
	610	+	9 for secretarial staff, subject to the hiring and training
	611	+	10 requirements established by the Office Supreme Court as
	612	+	11 provided in "An Act providing for a system of probation, for
	613	+	12 the appointment and compensation of probation officers, and
	614	+	13 authorizing the suspension of final judgment and the
	615	+	14 imposition of sentence upon persons found guilty of certain
	616	+	15 defined crimes and offenses, and legalizing their ultimate
	617	+	16 discharge without punishment", approved June 10, 1911, as
	618	+	17 amended.
	619	+	18 (Source: P.A. 84-1449.)
	620	+	19 (725 ILCS 185/5) (from Ch. 38, par. 305)
	621	+	20 Sec. 5. The compensation for local pretrial services
	622	+	21 agency personnel shall be commensurate with salaries and other
	623	+	22 benefits accorded probation department employees.
	624	+	23 (Source: P.A. 84-1449.)
	625	+
	626	+
	627	+
	628	+
	629	+
	630	+	HB4621 Enrolled - 18 - LRB103 36415 RLC 66517 b
	631	+
	632	+
	633	+	HB4621 Enrolled- 19 -LRB103 36415 RLC 66517 b HB4621 Enrolled - 19 - LRB103 36415 RLC 66517 b
	634	+	HB4621 Enrolled - 19 - LRB103 36415 RLC 66517 b
	635	+	1 (725 ILCS 185/8) (from Ch. 38, par. 308)
	636	+	2 Sec. 8. In addition to the foregoing, local pretrial
	637	+	3 services agencies may with the approval of the chief judge
	638	+	4 provide one or more of the following services to the circuit
	639	+	5 court:
	640	+	6 (a) Supervise compliance with the terms and conditions
	641	+	7 imposed by the courts for appeal bonds; and
	642	+	8 (b) Assist in such other pretrial services activities as
	643	+	9 may be delegated to the agency by the court.
	644	+	10 (Source: P.A. 84-1449.)
	645	+	11 (725 ILCS 185/9) (from Ch. 38, par. 309)
	646	+	12 Sec. 9. Pretrial services agencies shall have standing
	647	+	13 court authority to interview and process all persons charged
	648	+	14 with non-capital felonies either before or after first
	649	+	15 appearance if the person is in custody. The chief judge and
	650	+	16 program director of the pretrial services agency may establish
	651	+	17 interviewing priorities where resources do not permit total
	652	+	18 coverage, but no other criteria shall be employed to exclude
	653	+	19 categories of offenses or offenders from program operations.
	654	+	20 (Source: P.A. 84-1449.)
	655	+	21 (725 ILCS 185/10) (from Ch. 38, par. 310)
	656	+	22 Sec. 10. The chief judge and program director of the local
	657	+	23 pretrial services agency shall continuously assess the
	658	+	24 benefits of agency intervention before or after the first
	659	+
	660	+
	661	+
	662	+
	663	+
	664	+	HB4621 Enrolled - 19 - LRB103 36415 RLC 66517 b
	665	+
	666	+
	667	+	HB4621 Enrolled- 20 -LRB103 36415 RLC 66517 b HB4621 Enrolled - 20 - LRB103 36415 RLC 66517 b
	668	+	HB4621 Enrolled - 20 - LRB103 36415 RLC 66517 b
	669	+	1 appearance of accused persons. In determining the best
	670	+	2 allocation of available resources, consideration shall be
	671	+	3 given to current release practices of first appearance judges
	672	+	4 in misdemeanor and lesser felony cases; the logistics of
	673	+	5 pre-first appearance intervention where decentralized
	674	+	6 detention facilities are utilized; the availability of
	675	+	7 verification resources for pre-first appearance intervention;
	676	+	8 and the ultimate goal of prompt and informed determinations of
	677	+	9 pretrial release conditions.
	678	+	10 (Source: P.A. 84-1449.)
	679	+	11 (725 ILCS 185/12) (from Ch. 38, par. 312)
	680	+	12 Sec. 12. Interviews shall be individually conducted by
	681	+	13 agency personnel in facilities or locations which assure an
	682	+	14 adequate opportunity for discussion, consistent with security
	683	+	15 needs.
	684	+	16 The chief judge or his designee shall maintain a
	685	+	17 continuous liaison between the pretrial services agency
	686	+	18 director and the sheriff, or other affected law enforcement
	687	+	19 agencies, to assure that pretrial services interviewers have
	688	+	20 prompt access consistent with security and law enforcement
	689	+	21 needs to all prisoners after booking.
	690	+	22 (Source: P.A. 84-1449.)
	691	+	23 (725 ILCS 185/13) (from Ch. 38, par. 313)
	692	+	24 Sec. 13. Information received from the arrested person as
	693	+
	694	+
	695	+
	696	+
	697	+
	698	+	HB4621 Enrolled - 20 - LRB103 36415 RLC 66517 b
	699	+
	700	+
	701	+	HB4621 Enrolled- 21 -LRB103 36415 RLC 66517 b HB4621 Enrolled - 21 - LRB103 36415 RLC 66517 b
	702	+	HB4621 Enrolled - 21 - LRB103 36415 RLC 66517 b
	703	+	1 a result of the agency interview shall be recorded on uniform
	704	+	2 interview forms created by the Office.
	705	+	3 (Source: P.A. 84-1449.)
	706	+	4 (725 ILCS 185/14) (from Ch. 38, par. 314)
	707	+	5 Sec. 14. The pretrial services agency shall, after
	708	+	6 interviewing arrestees, immediately verify and supplement the
	709	+	7 information required by the uniform interview form before
	710	+	8 submitting its report to the court. Minimum verification shall
	711	+	9 include the interviewee's prior criminal record, residency,
	712	+	10 and employment circumstances. The chief judge or his designee
	713	+	11 shall assist the pretrial services agency program director in
	714	+	12 establishing and maintaining cooperation with the circuit
	715	+	13 clerk and law enforcement information systems to assure the
	716	+	14 prompt verification of prior criminal records.
	717	+	15 (Source: P.A. 84-1449.)
	718	+	16 (725 ILCS 185/15) (from Ch. 38, par. 315)
	719	+	17 Sec. 15. Verified and supplemental information assembled
	720	+	18 by the pretrial services agency shall be recorded on a uniform
	721	+	19 reporting form established by the Office Supreme Court.
	722	+	20 (Source: P.A. 84-1449.)
	723	+	21 (725 ILCS 185/17) (from Ch. 38, par. 317)
	724	+	22 Sec. 17. Reports shall be in writing, signed by an
	725	+	23 authorized representative of the pretrial services agency, and
	726	+
	727	+
	728	+
	729	+
	730	+
	731	+	HB4621 Enrolled - 21 - LRB103 36415 RLC 66517 b
	732	+
	733	+
	734	+	HB4621 Enrolled- 22 -LRB103 36415 RLC 66517 b HB4621 Enrolled - 22 - LRB103 36415 RLC 66517 b
	735	+	HB4621 Enrolled - 22 - LRB103 36415 RLC 66517 b
	736	+	1 prepared on the uniform reporting form. Copies of the report
	737	+	2 shall be provided to all parties and counsel of record. If the
	738	+	3 report is filed with the court, the court shall deny public
	739	+	4 access to the report.
	740	+	5 (Source: P.A. 84-1449.)
	741	+	6 (725 ILCS 185/22) (from Ch. 38, par. 322)
	742	+	7 Sec. 22. If so ordered by the court, the pretrial services
	743	+	8 agency shall prepare and submit for the court's approval and
	744	+	9 signature a uniform release order on the uniform form
	745	+	10 established by the Office Supreme Court in all cases where an
	746	+	11 interviewee may be released from custody under conditions
	747	+	12 contained in an agency report. Such conditions shall become
	748	+	13 part of the conditions of pretrial release. A copy of the
	749	+	14 uniform release order shall be provided to the defendant and
	750	+	15 defendant's attorney of record, and the prosecutor.
	751	+	16 (Source: P.A. 101-652, eff. 1-1-23.)
	752	+	17 (725 ILCS 185/24) (from Ch. 38, par. 324)
	753	+	18 Sec. 24. Where functions of the local pretrial services
	754	+	19 agency have been delegated to a probation department or other
	755	+	20 arm of the court under Section 3, their records shall be
	756	+	21 segregated from other records. Two years after the date of the
	757	+	22 first interview with a pretrial services agency
	758	+	23 representative, the defendant may apply to the chief circuit
	759	+	24 judge, or a judge designated by the chief circuit judge for
	760	+
	761	+
	762	+
	763	+
	764	+
	765	+	HB4621 Enrolled - 22 - LRB103 36415 RLC 66517 b
	766	+
	767	+
	768	+	HB4621 Enrolled- 23 -LRB103 36415 RLC 66517 b HB4621 Enrolled - 23 - LRB103 36415 RLC 66517 b
	769	+	HB4621 Enrolled - 23 - LRB103 36415 RLC 66517 b
	770	+	1 these purposes, for an order expunging from the records of the
	771	+	2 pretrial services agency all files pertaining to the
	772	+	3 defendant.
	773	+	4 (Source: P.A. 84-1449.)
	774	+	5 (725 ILCS 185/30) (from Ch. 38, par. 330)
	775	+	6 Sec. 30. Records and statistics shall be maintained by
	776	+	7 local pretrial services agencies of their operations and
	777	+	8 effect upon the criminal justice system, with monthly reports
	778	+	9 submitted to the circuit court and the Office Supreme Court on
	779	+	10 a uniform statistical form developed by the Supreme Court.
	780	+	11 (Source: P.A. 84-1449.)
	781	+	12 (725 ILCS 185/33) (from Ch. 38, par. 333)
	782	+	13 Sec. 33. The Office Supreme Court shall pay from funds
	783	+	14 appropriated to it for this purpose 100% of all approved costs
	784	+	15 for pretrial services, including pretrial services officers,
	785	+	16 necessary support personnel, travel costs reasonably related
	786	+	17 to the delivery of pretrial services, space costs, equipment,
	787	+	18 telecommunications, postage, commodities, printing and
	788	+	19 contractual services. Costs shall be reimbursed monthly, based
	789	+	20 on an annual a plan and budget approved by the Office Supreme
	790	+	21 Court. No department may be reimbursed for costs which exceed
	791	+	22 or are not provided for in the approved annual plan and budget.
	792	+	23 The Mandatory Arbitration Fund may be used to reimburse
	793	+	24 approved costs for pretrial services.
	794	+
	795	+
	796	+
	797	+
	798	+
	799	+	HB4621 Enrolled - 23 - LRB103 36415 RLC 66517 b
	800	+
	801	+
	802	+	HB4621 Enrolled- 24 -LRB103 36415 RLC 66517 b HB4621 Enrolled - 24 - LRB103 36415 RLC 66517 b
	803	+	HB4621 Enrolled - 24 - LRB103 36415 RLC 66517 b
	804	+	1 (Source: P.A. 94-91, eff. 7-1-05; 94-839, eff. 6-6-06; 95-331,
	805	+	2 eff. 8-21-07; 95-707, eff. 1-11-08.)
	806	+	3 (725 ILCS 185/6 rep.)
	807	+	4 Section 15. The Pretrial Services Act is amended by
	808	+	5 repealing Section 6.
	809	+
	810	+
	811	+
	812	+
	813	+
	814	+	HB4621 Enrolled - 24 - LRB103 36415 RLC 66517 b