Public Act 103-0602
HB4621 EnrolledLRB103 36415 RLC 66517 b HB4621 Enrolled LRB103 36415 RLC 66517 b
HB4621 Enrolled LRB103 36415 RLC 66517 b
AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Substance Use Disorder Act is amended by
changing Section 5-23 as follows:
(20 ILCS 301/5-23)
Sec. 5-23. Drug Overdose Prevention Program.
(a) Reports.
(1) The Department may publish annually a report on
drug overdose trends statewide that reviews State death
rates from available data to ascertain changes in the
causes or rates of fatal and nonfatal drug overdose. The
report shall also provide information on interventions
that would be effective in reducing the rate of fatal or
nonfatal drug overdose and on the current substance use
disorder treatment capacity within the State. The report
shall include an analysis of drug overdose information
reported to the Department of Public Health pursuant to
subsection (e) of Section 3-3013 of the Counties Code,
Section 6.14g of the Hospital Licensing Act, and
subsection (j) of Section 22-30 of the School Code.
(2) The report may include:
(A) Trends in drug overdose death rates.
HB4621 Enrolled LRB103 36415 RLC 66517 b
(B) Trends in emergency room utilization related
to drug overdose and the cost impact of emergency room
utilization.
(C) Trends in utilization of pre-hospital and
emergency services and the cost impact of emergency
services utilization.
(D) Suggested improvements in data collection.
(E) A description of other interventions effective
in reducing the rate of fatal or nonfatal drug
overdose.
(F) A description of efforts undertaken to educate
the public about unused medication and about how to
properly dispose of unused medication, including the
number of registered collection receptacles in this
State, mail-back programs, and drug take-back events.
(G) An inventory of the State's substance use
disorder treatment capacity, including, but not
limited to:
(i) The number and type of licensed treatment
programs in each geographic area of the State.
(ii) The availability of medication-assisted
treatment at each licensed program and which types
of medication-assisted treatment are available.
(iii) The number of recovery homes that accept
individuals using medication-assisted treatment in
their recovery.
(iv) The number of medical professionals
currently authorized to prescribe buprenorphine
and the number of individuals who fill
prescriptions for that medication at retail
pharmacies as prescribed.
(v) Any partnerships between programs licensed
by the Department and other providers of
medication-assisted treatment.
(vi) Any challenges in providing
medication-assisted treatment reported by programs
licensed by the Department and any potential
solutions.
(b) Programs; drug overdose prevention.
(1) The Department may establish a program to provide
for the production and publication, in electronic and
other formats, of drug overdose prevention, recognition,
and response literature. The Department may develop and
disseminate curricula for use by professionals,
organizations, individuals, or committees interested in
the prevention of fatal and nonfatal drug overdose,
including, but not limited to, drug users, jail and prison
personnel, jail and prison inmates, drug treatment
professionals, emergency medical personnel, hospital
staff, families and associates of drug users, peace
officers, firefighters, public safety officers, needle
exchange program staff, and other persons. In addition to
information regarding drug overdose prevention,
recognition, and response, literature produced by the
Department shall stress that drug use remains illegal and
highly dangerous and that complete abstinence from illegal
drug use is the healthiest choice. The literature shall
provide information and resources for substance use
disorder treatment.
The Department may establish or authorize programs for
prescribing, dispensing, or distributing opioid
antagonists for the treatment of drug overdose. Such
programs may include the prescribing of opioid antagonists
for the treatment of drug overdose to a person who is not
at risk of opioid overdose but who, in the judgment of the
health care professional, may be in a position to assist
another individual during an opioid-related drug overdose
and who has received basic instruction on how to
administer an opioid antagonist.
(2) The Department may provide advice to State and
local officials on the growing drug overdose crisis,
including the prevalence of drug overdose incidents,
programs promoting the disposal of unused prescription
drugs, trends in drug overdose incidents, and solutions to
the drug overdose crisis.
(3) The Department may support drug overdose
prevention, recognition, and response projects by
facilitating the acquisition of opioid antagonist
medication approved for opioid overdose reversal,
facilitating the acquisition of opioid antagonist
medication approved for opioid overdose reversal,
providing trainings in overdose prevention best practices,
connecting programs to medical resources, establishing a
statewide standing order for the acquisition of needed
medication, establishing learning collaboratives between
localities and programs, and assisting programs in
navigating any regulatory requirements for establishing or
expanding such programs.
(4) In supporting best practices in drug overdose
prevention programming, the Department may promote the
following programmatic elements:
(A) Training individuals who currently use drugs
in the administration of opioid antagonists approved
for the reversal of an opioid overdose.
(B) Directly distributing opioid antagonists
approved for the reversal of an opioid overdose rather
than providing prescriptions to be filled at a
pharmacy.
(C) Conducting street and community outreach to
work directly with individuals who are using drugs.
(D) Employing community health workers or peer
recovery specialists who are familiar with the
communities served and can provide culturally
competent services.
(E) Collaborating with other community-based
organizations, substance use disorder treatment
centers, or other health care providers engaged in
treating individuals who are using drugs.
(F) Providing linkages for individuals to obtain
evidence-based substance use disorder treatment.
(G) Engaging individuals exiting jails or prisons
who are at a high risk of overdose.
(H) Providing education and training to
community-based organizations who work directly with
individuals who are using drugs and those individuals'
families and communities.
(I) Providing education and training on drug
overdose prevention and response to emergency
personnel and law enforcement.
(J) Informing communities of the important role
emergency personnel play in responding to accidental
overdose.
(K) Producing and distributing targeted mass media
materials on drug overdose prevention and response,
the potential dangers of leaving unused prescription
drugs in the home, and the proper methods for
disposing of unused prescription drugs.
(c) Grants.
(1) The Department may award grants, in accordance
with this subsection, to create or support local drug
overdose prevention, recognition, and response projects.
Local health departments, correctional institutions,
hospitals, universities, community-based organizations,
and faith-based organizations may apply to the Department
for a grant under this subsection at the time and in the
manner the Department prescribes. Eligible grant
activities include, but are not limited to, purchasing and
distributing opioid antagonists, hiring peer recovery
specialists or other community members to conduct
community outreach, and hosting public health fairs or
events to distribute opioid antagonists, promote harm
reduction activities, and provide linkages to community
partners.
(2) In awarding grants, the Department shall consider
the overall rate of opioid overdose, the rate of increase
in opioid overdose, and racial disparities in opioid
overdose experienced by the communities to be served by
grantees. The Department shall encourage all grant
applicants to develop interventions that will be effective
and viable in their local areas.
(3) (Blank).
(3.5) Any hospital licensed under the Hospital
Licensing Act or organized under the University of
Illinois Hospital Act shall be deemed to have met the
standards and requirements set forth in this Section to
enroll in the drug overdose prevention program upon
completion of the enrollment process except that proof of
a standing order and attestation of programmatic
requirements shall be waived for enrollment purposes.
Reporting mandated by enrollment shall be necessary to
carry out or attain eligibility for associated resources
under this Section for drug overdose prevention projects
operated on the licensed premises of the hospital and
operated by the hospital or its designated agent. The
Department shall streamline hospital enrollment for drug
overdose prevention programs by accepting such deemed
status under this Section in order to reduce barriers to
hospital participation in drug overdose prevention,
recognition, or response projects.
(4) In addition to moneys appropriated by the General
Assembly, the Department may seek grants from private
foundations, the federal government, and other sources to
fund the grants under this Section and to fund an
evaluation of the programs supported by the grants.
(d) Health care professional prescription of opioid
antagonists.
(1) A health care professional who, acting in good
faith, directly or by standing order, prescribes or
dispenses an opioid antagonist to: (a) a patient who, in
the judgment of the health care professional, is capable
of administering the drug in an emergency, or (b) a person
who is not at risk of opioid overdose but who, in the
judgment of the health care professional, may be in a
position to assist another individual during an
opioid-related drug overdose and who has received basic
instruction on how to administer an opioid antagonist
shall not, as a result of his or her acts or omissions, be
subject to: (i) any disciplinary or other adverse action
under the Medical Practice Act of 1987, the Physician
Assistant Practice Act of 1987, the Nurse Practice Act,
the Pharmacy Practice Act, or any other professional
licensing statute or (ii) any criminal liability, except
for willful and wanton misconduct.
(1.5) Notwithstanding any provision of or requirement
otherwise imposed by the Pharmacy Practice Act, the
Medical Practice Act of 1987, or any other law or rule,
including, but not limited to, any requirement related to
labeling, storage, or recordkeeping, a health care
professional or other person acting under the direction of
a health care professional may, directly or by standing
order, obtain, store, and dispense an opioid antagonist to
a patient in a facility that includes, but is not limited
to, a hospital, a hospital affiliate, or a federally
qualified health center if the patient information
specified in paragraph (4) of this subsection is provided
to the patient. A person acting in accordance with this
paragraph shall not, as a result of his or her acts or
omissions, be subject to: (i) any disciplinary or other
adverse action under the Medical Practice Act of 1987, the
Physician Assistant Practice Act of 1987, the Nurse
Practice Act, the Pharmacy Practice Act, or any other
professional licensing statute; or (ii) any criminal
liability, except for willful and wanton misconduct.
(2) A person who is not otherwise licensed to
administer an opioid antagonist may in an emergency
administer without fee an opioid antagonist if the person
has received the patient information specified in
paragraph (4) of this subsection and believes in good
faith that another person is experiencing a drug overdose.
The person shall not, as a result of his or her acts or
omissions, be (i) liable for any violation of the Medical
Practice Act of 1987, the Physician Assistant Practice Act
of 1987, the Nurse Practice Act, the Pharmacy Practice
Act, or any other professional licensing statute, or (ii)
subject to any criminal prosecution or civil liability,
except for willful and wanton misconduct.
(3) A health care professional prescribing an opioid
antagonist to a patient shall ensure that the patient
receives the patient information specified in paragraph
(4) of this subsection. Patient information may be
provided by the health care professional or a
community-based organization, substance use disorder
program, or other organization with which the health care
professional establishes a written agreement that includes
a description of how the organization will provide patient
information, how employees or volunteers providing
information will be trained, and standards for documenting
the provision of patient information to patients.
Provision of patient information shall be documented in
the patient's medical record or through similar means as
determined by agreement between the health care
professional and the organization. The Department, in
consultation with statewide organizations representing
physicians, pharmacists, advanced practice registered
nurses, physician assistants, substance use disorder
programs, and other interested groups, shall develop and
disseminate to health care professionals, community-based
organizations, substance use disorder programs, and other
organizations training materials in video, electronic, or
other formats to facilitate the provision of such patient
information.
(4) For the purposes of this subsection:
"Opioid antagonist" means a drug that binds to opioid
receptors and blocks or inhibits the effect of opioids
acting on those receptors, including, but not limited to,
naloxone hydrochloride or any other similarly acting drug
approved by the U.S. Food and Drug Administration.
"Health care professional" means a physician licensed
to practice medicine in all its branches, a licensed
physician assistant with prescriptive authority, a
licensed advanced practice registered nurse with
prescriptive authority, an advanced practice registered
nurse or physician assistant who practices in a hospital,
hospital affiliate, or ambulatory surgical treatment
center and possesses appropriate clinical privileges in
accordance with the Nurse Practice Act, or a pharmacist
licensed to practice pharmacy under the Pharmacy Practice
Act.
"Patient" includes a person who is not at risk of
opioid overdose but who, in the judgment of the physician,
advanced practice registered nurse, or physician
assistant, may be in a position to assist another
individual during an overdose and who has received patient
information as required in paragraph (2) of this
subsection on the indications for and administration of an
opioid antagonist.
"Patient information" includes information provided to
the patient on drug overdose prevention and recognition;
how to perform rescue breathing and resuscitation; opioid
antagonist dosage and administration; the importance of
calling 911; care for the overdose victim after
administration of the overdose antagonist; and other
issues as necessary.
(e) Drug overdose response policy.
(1) Every State and local government agency that
employs a law enforcement officer or fireman as those
terms are defined in the Line of Duty Compensation Act
must possess opioid antagonists and must establish a
policy to control the acquisition, storage,
transportation, and administration of such opioid
antagonists and to provide training in the administration
of opioid antagonists. A State or local government agency
that employs a probation officer, as defined in Section 9b
of the Probation and Probation Officers Act, or a fireman
as defined in the Line of Duty Compensation Act but does
not respond to emergency medical calls or provide medical
services shall be exempt from this subsection.
(2) Every publicly or privately owned ambulance,
special emergency medical services vehicle, non-transport
vehicle, or ambulance assist vehicle, as described in the
Emergency Medical Services (EMS) Systems Act, that
responds to requests for emergency services or transports
patients between hospitals in emergency situations must
possess opioid antagonists.
(3) Entities that are required under paragraphs (1)
and (2) to possess opioid antagonists may also apply to
the Department for a grant to fund the acquisition of
opioid antagonists and training programs on the
administration of opioid antagonists.
(Source: P.A. 101-356, eff. 8-9-19; 102-598, eff. 1-1-22.)
Section 10. The Pretrial Services Act is amended by
changing Sections 1, 1.5, 2, 3, 4, 5, 8, 9, 10, 12, 13, 14, 15,
17, 22, 24, 30, and 33 and by adding Sections 0.02, 0.03, and
0.04 as follows:
(725 ILCS 185/0.02 new)
Sec. 0.02. Definitions. In this Act:
"Director" means the Director of the Office of Statewide
Pretrial Services.
"Local pretrial services" means a pretrial services other
than the Office who is providing pretrial services.
"Pretrial services" means any providing services to the
circuit court as provided for in this Act, including the
Office.
"Office" means the Office of Statewide Pretrial Services.
(725 ILCS 185/0.03 new)
Sec. 0.03. Office of Statewide Pretrial Services;
establishment. There is established in the judicial branch of
State government an office to be known as the Office of
Statewide Pretrial Services. This office shall be under the
supervision and direction of a Director who shall be appointed
by a vote of a majority of the Illinois Supreme Court Justices
for a 4-year term and until a successor is appointed and
qualified. The Director shall adopt rules, instructions, and
orders, consistent with this Act, further defining the
organization of this office and the duties of its employees.
The Illinois Supreme Court shall approve or modify an
operational budget submitted to it by the Office of Statewide
Pretrial Services and set the number of employees each year.
(725 ILCS 185/0.04 new)
Sec. 0.04. Powers and duties.
(a) The Office shall provide pretrial services as provided
in Section 7 to circuit courts or counties without existing
pretrial services agencies.
(b) The Office shall develop, establish, adopt, and
enforce uniform standards for pretrial services in this State.
(c) The Office may:
(1) hire and train State employed pretrial personnel;
(2) establish qualifications for pretrial officers as
to hiring, promotion, and training;
(3) establish a system of training and orientation for
local pretrial services agencies;
(4) Develop standards and approve employee
compensation schedules for local pretrial services
agencies;
(5) establish a system of uniform forms;
(6) develop standards for a system of recordkeeping
for local pretrial services agencies;
(7) gather statistics and develop research for
planning of pretrial services in Illinois;
(8) establish a means of verifying the conditions for
reimbursement under this Act for local pretrial services
agencies and develop criteria for approved costs for
reimbursement;
(9) monitor and evaluate all pretrial programs
operated by local pretrial services agencies;
(10) review and approve annual plans submitted by
local pretrial services agencies; and
(11) establish such other standards and regulations
and do all acts necessary to carry out the intent and
purposes of this Act.
(725 ILCS 185/1) (from Ch. 38, par. 301)
Sec. 1. Pretrial services shall be provided by a local
pretrial services agency or the Office. The pretrial services
agency shall provide Each circuit court shall establish a
pretrial services agency to provide the circuit court with
accurate background data regarding the pretrial release of
persons charged with felonies and effective supervision of
compliance with the terms and conditions imposed on release.
(Source: P.A. 84-1449.)
(725 ILCS 185/1.5)
Sec. 1.5. Framework facilitating the hiring and training
of new State-employed pretrial services personnel to serve
circuit courts or counties without existing pretrial services
agencies. Notwithstanding anything in this Act to the
contrary, the Office shall hire Supreme Court is encouraged to
establish a framework that facilitates the hiring and train
training of new State-employed pretrial services personnel to
serve circuit courts or counties without existing pretrial
services agencies, as required by Section 1. Nothing in this
amendatory Act of the 103rd General Assembly shall be
constructed to invalidate, diminish, or otherwise interfere
with any collective bargaining agreement or representation
rights under the Illinois Public Labor Relations Act, if
applicable.
(Source: P.A. 102-694, eff. 1-7-22.)
(725 ILCS 185/2) (from Ch. 38, par. 302)
Sec. 2. Local pretrial Pretrial services agencies may be
independent divisions of the circuit courts accountable to the
chief judge or his designee for program activities. The
agencies shall be supervised by a program director appointed
by the chief judge and removable for cause. The chief judge or
his designee shall have the authority to hire, terminate or
discipline local pretrial services agency personnel on
recommendation of the program director.
(Source: P.A. 84-1449.)
(725 ILCS 185/3) (from Ch. 38, par. 303)
Sec. 3. Pretrial services shall be provided by the Office
The functions of the pretrial services agency shall be
assigned to the Department of Probation and Court Services or
other arm of the court where the volume of criminal
proceedings does not justify the establishment of a local
pretrial services agency separate division.
(Source: P.A. 84-1449.)
(725 ILCS 185/4) (from Ch. 38, par. 304)
Sec. 4. All local pretrial services agency personnel shall
be full-time employees supervised by the director and, except
for secretarial staff, subject to the hiring and training
requirements established by the Office Supreme Court as
provided in "An Act providing for a system of probation, for
the appointment and compensation of probation officers, and
authorizing the suspension of final judgment and the
imposition of sentence upon persons found guilty of certain
defined crimes and offenses, and legalizing their ultimate
discharge without punishment", approved June 10, 1911, as
amended.
(Source: P.A. 84-1449.)
(725 ILCS 185/5) (from Ch. 38, par. 305)
Sec. 5. The compensation for local pretrial services
agency personnel shall be commensurate with salaries and other
benefits accorded probation department employees.
(Source: P.A. 84-1449.)
(725 ILCS 185/8) (from Ch. 38, par. 308)
Sec. 8. In addition to the foregoing, local pretrial
services agencies may with the approval of the chief judge
provide one or more of the following services to the circuit
court:
(a) Supervise compliance with the terms and conditions
imposed by the courts for appeal bonds; and
(b) Assist in such other pretrial services activities as
may be delegated to the agency by the court.
(Source: P.A. 84-1449.)
(725 ILCS 185/9) (from Ch. 38, par. 309)
Sec. 9. Pretrial services agencies shall have standing
court authority to interview and process all persons charged
with non-capital felonies either before or after first
appearance if the person is in custody. The chief judge and
program director of the pretrial services agency may establish
interviewing priorities where resources do not permit total
coverage, but no other criteria shall be employed to exclude
categories of offenses or offenders from program operations.
(Source: P.A. 84-1449.)
(725 ILCS 185/10) (from Ch. 38, par. 310)
Sec. 10. The chief judge and program director of the local
pretrial services agency shall continuously assess the
benefits of agency intervention before or after the first
appearance of accused persons. In determining the best
allocation of available resources, consideration shall be
given to current release practices of first appearance judges
in misdemeanor and lesser felony cases; the logistics of
pre-first appearance intervention where decentralized
detention facilities are utilized; the availability of
verification resources for pre-first appearance intervention;
and the ultimate goal of prompt and informed determinations of
pretrial release conditions.
(Source: P.A. 84-1449.)
(725 ILCS 185/12) (from Ch. 38, par. 312)
Sec. 12. Interviews shall be individually conducted by
agency personnel in facilities or locations which assure an
adequate opportunity for discussion, consistent with security
needs.
The chief judge or his designee shall maintain a
continuous liaison between the pretrial services agency
director and the sheriff, or other affected law enforcement
agencies, to assure that pretrial services interviewers have
prompt access consistent with security and law enforcement
needs to all prisoners after booking.
(Source: P.A. 84-1449.)
(725 ILCS 185/13) (from Ch. 38, par. 313)
Sec. 13. Information received from the arrested person as
a result of the agency interview shall be recorded on uniform
interview forms created by the Office.
(Source: P.A. 84-1449.)
(725 ILCS 185/14) (from Ch. 38, par. 314)
Sec. 14. The pretrial services agency shall, after
interviewing arrestees, immediately verify and supplement the
information required by the uniform interview form before
submitting its report to the court. Minimum verification shall
include the interviewee's prior criminal record, residency,
and employment circumstances. The chief judge or his designee
shall assist the pretrial services agency program director in
establishing and maintaining cooperation with the circuit
clerk and law enforcement information systems to assure the
prompt verification of prior criminal records.
(Source: P.A. 84-1449.)
(725 ILCS 185/15) (from Ch. 38, par. 315)
Sec. 15. Verified and supplemental information assembled
by the pretrial services agency shall be recorded on a uniform
reporting form established by the Office Supreme Court.
(Source: P.A. 84-1449.)
(725 ILCS 185/17) (from Ch. 38, par. 317)
Sec. 17. Reports shall be in writing, signed by an
authorized representative of the pretrial services agency, and
prepared on the uniform reporting form. Copies of the report
shall be provided to all parties and counsel of record. If the
report is filed with the court, the court shall deny public
access to the report.
(Source: P.A. 84-1449.)
(725 ILCS 185/22) (from Ch. 38, par. 322)
Sec. 22. If so ordered by the court, the pretrial services
agency shall prepare and submit for the court's approval and
signature a uniform release order on the uniform form
established by the Office Supreme Court in all cases where an
interviewee may be released from custody under conditions
contained in an agency report. Such conditions shall become
part of the conditions of pretrial release. A copy of the
uniform release order shall be provided to the defendant and
defendant's attorney of record, and the prosecutor.
(Source: P.A. 101-652, eff. 1-1-23.)
(725 ILCS 185/24) (from Ch. 38, par. 324)
Sec. 24. Where functions of the local pretrial services
agency have been delegated to a probation department or other
arm of the court under Section 3, their records shall be
segregated from other records. Two years after the date of the
first interview with a pretrial services agency
representative, the defendant may apply to the chief circuit
judge, or a judge designated by the chief circuit judge for
these purposes, for an order expunging from the records of the
pretrial services agency all files pertaining to the
defendant.
(Source: P.A. 84-1449.)
(725 ILCS 185/30) (from Ch. 38, par. 330)
Sec. 30. Records and statistics shall be maintained by
local pretrial services agencies of their operations and
effect upon the criminal justice system, with monthly reports
submitted to the circuit court and the Office Supreme Court on
a uniform statistical form developed by the Supreme Court.
(Source: P.A. 84-1449.)
(725 ILCS 185/33) (from Ch. 38, par. 333)
Sec. 33. The Office Supreme Court shall pay from funds
appropriated to it for this purpose 100% of all approved costs
for pretrial services, including pretrial services officers,
necessary support personnel, travel costs reasonably related
to the delivery of pretrial services, space costs, equipment,
telecommunications, postage, commodities, printing and
contractual services. Costs shall be reimbursed monthly, based
on an annual a plan and budget approved by the Office Supreme
Court. No department may be reimbursed for costs which exceed
or are not provided for in the approved annual plan and budget.
The Mandatory Arbitration Fund may be used to reimburse
approved costs for pretrial services.
(Source: P.A. 94-91, eff. 7-1-05; 94-839, eff. 6-6-06; 95-331,
eff. 8-21-07; 95-707, eff. 1-11-08.)
(725 ILCS 185/6 rep.)
Section 15. The Pretrial Services Act is amended by
repealing Section 6.