Illinois 2023-2024 Regular Session

Illinois Senate Bill SB1674 Compare Versions

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1-Public Act 103-0493
21 SB1674 EnrolledLRB103 29556 SPS 55951 b SB1674 Enrolled LRB103 29556 SPS 55951 b
32 SB1674 Enrolled LRB103 29556 SPS 55951 b
4-AN ACT concerning health.
5-Be it enacted by the People of the State of Illinois,
6-represented in the General Assembly:
7-Section 5. The Developmental Disability and Mental
8-Disability Services Act is amended by changing the heading of
9-Article VII-A and Section 7A-1 and by adding Sections 7A-2,
10-7A-3, and 7A-4 as follows:
11-(405 ILCS 80/Art. VII-A heading)
12-ARTICLE VII-A. STABILIZATION SUPPORT PILOT PROGRAMS DIVERSION
13-FROM FACILITY-BASED CARE PROGRAM
14-(Source: P.A. 100-924, eff. 7-1-19; 101-81, eff. 7-12-19.)
15-(405 ILCS 80/7A-1)
16-(Section scheduled to be repealed on January 1, 2025)
17-Sec. 7A-1. Stabilization Support Pilot Programs Diversion
18-from Facility-based Care Pilot Program.
19-(a) The purposes of this Article are to:
20-(1) decrease the number of admissions to State
21-developmental centers State-operated facilities;
22-(2) address the needs of individuals receiving Home
23-and Community Based Services (HCBS) with intellectual
24-disabilities or developmental disabilities who are at risk
25-of facility-based care due to significant behavioral
3+1 AN ACT concerning health.
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 Developmental Disability and Mental
7+5 Disability Services Act is amended by changing the heading of
8+6 Article VII-A and Section 7A-1 and by adding Sections 7A-2,
9+7 7A-3, and 7A-4 as follows:
10+8 (405 ILCS 80/Art. VII-A heading)
11+9 ARTICLE VII-A. STABILIZATION SUPPORT PILOT PROGRAMS DIVERSION
12+10 FROM FACILITY-BASED CARE PROGRAM
13+11 (Source: P.A. 100-924, eff. 7-1-19; 101-81, eff. 7-12-19.)
14+12 (405 ILCS 80/7A-1)
15+13 (Section scheduled to be repealed on January 1, 2025)
16+14 Sec. 7A-1. Stabilization Support Pilot Programs Diversion
17+15 from Facility-based Care Pilot Program.
18+16 (a) The purposes of this Article are to:
19+17 (1) decrease the number of admissions to State
20+18 developmental centers State-operated facilities;
21+19 (2) address the needs of individuals receiving Home
22+20 and Community Based Services (HCBS) with intellectual
23+21 disabilities or developmental disabilities who are at risk
24+22 of facility-based care due to significant behavioral
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2928 SB1674 Enrolled LRB103 29556 SPS 55951 b
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32-challenges, some with a dual diagnosis of mental illness,
33-by providing a community-based residential alternative to
34-facility-based care consistent with their personal
35-individual plans, and to transition these individuals back
36-to home and community-based services programming a
37-traditional community-integrated living arrangement or
38-other HCBS community setting program;
39-(3) (blank); create greater capacity within the
40-short-term stabilization homes by allowing individuals who
41-need an extended period of treatment to transfer to a
42-long-term stabilization home;
43-(4) stabilize the existing community-integrated living
44-arrangement system homes where the presence of individuals
45-with complex behavioral challenges is disruptive to their
46-housemates; and
47-(5) add support services to enhance community service
48-providers who serve individuals with significant
49-behavioral challenges; and .
50-(6) increase the number of individuals transitioning
51-out of State developmental centers into home and
52-community-based services programming.
53-(b) (Blank). Subject to appropriation or the availability
54-of other funds for these purposes at the discretion of the
55-Department, the Department shall establish the Diversion from
56-Facility-based Care Pilot Program consisting of at least 6
57-homes in various locations in this State in accordance with
31+SB1674 Enrolled- 2 -LRB103 29556 SPS 55951 b SB1674 Enrolled - 2 - LRB103 29556 SPS 55951 b
32+ SB1674 Enrolled - 2 - LRB103 29556 SPS 55951 b
33+1 challenges, some with a dual diagnosis of mental illness,
34+2 by providing a community-based residential alternative to
35+3 facility-based care consistent with their personal
36+4 individual plans, and to transition these individuals back
37+5 to home and community-based services programming a
38+6 traditional community-integrated living arrangement or
39+7 other HCBS community setting program;
40+8 (3) (blank); create greater capacity within the
41+9 short-term stabilization homes by allowing individuals who
42+10 need an extended period of treatment to transfer to a
43+11 long-term stabilization home;
44+12 (4) stabilize the existing community-integrated living
45+13 arrangement system homes where the presence of individuals
46+14 with complex behavioral challenges is disruptive to their
47+15 housemates; and
48+16 (5) add support services to enhance community service
49+17 providers who serve individuals with significant
50+18 behavioral challenges; and .
51+19 (6) increase the number of individuals transitioning
52+20 out of State developmental centers into home and
53+21 community-based services programming.
54+22 (b) (Blank). Subject to appropriation or the availability
55+23 of other funds for these purposes at the discretion of the
56+24 Department, the Department shall establish the Diversion from
57+25 Facility-based Care Pilot Program consisting of at least 6
58+26 homes in various locations in this State in accordance with
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60-this Article and the following model:
61-(1) the Diversion from Facility-based Care Model shall
62-serve individuals with intellectual disabilities or
63-developmental disabilities who are currently receiving
64-HCBS services and are at risk of facility-based care due
65-to significant behavioral challenges, some with a dual
66-diagnosis of mental illness, for a period ranging from one
67-to 2 years, or longer if appropriate for the individual;
68-(2) the Program shall be regulated in accordance with
69-the community-integrated living arrangement guidelines;
70-(3) each home shall support no more than 4 residents,
71-each having his or her own bedroom;
72-(4) if, at any point, an individual, his or her
73-guardian, or family caregivers, in conjunction with the
74-provider and clinical staff, believe the individual is
75-capable of participating in a HCBS service, those
76-opportunities shall be offered as they become available;
77-and
78-(5) providers shall have adequate resources,
79-experience, and qualifications to serve the population
80-target by the Program, as determined by the Department;
81-(6) participating Program providers and the Department
82-shall participate in an ongoing collaborative whereby best
83-practices and treatment experiences would be shared and
84-utilized;
85-(7) home locations shall be proposed by the provider
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8762
88-in collaboration with other community stakeholders;
89-(8) The Department, in collaboration with
90-participating providers, by rule shall develop data
91-collection and reporting requirements for participating
92-community service providers. Beginning December 31, 2020
93-the Department shall submit an annual report
94-electronically to the General Assembly and Governor that
95-outlines the progress and effectiveness of the pilot
96-program. The report to the General Assembly shall be filed
97-with the Clerk of the House of Representatives and the
98-Secretary of the Senate in electronic form only, in the
99-manner that the Clerk and the Secretary shall direct;
100-(9) the staffing model shall allow for a high level of
101-community integration and engagement and family
102-involvement; and
103-(10) appropriate day services, staff training
104-priorities, and home modifications shall be incorporated
105-into the Program model, as allowed by HCBS authorization.
106-(c) (Blank). This Section is repealed on January 1, 2025.
107-(Source: P.A. 102-1109, eff. 12-21-22.)
108-(405 ILCS 80/7A-2 new)
109-Sec. 7A-2. Long-Term Stabilization Support Program.
110-(a) Subject to appropriation or the availability of other
111-funds for these purposes at the discretion of the Department,
112-the Department shall establish the Long-Term Stabilization
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64+ SB1674 Enrolled - 2 - LRB103 29556 SPS 55951 b
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115-Support Program consisting of at least 8 homes across the
116-State in accordance with this Article and the following
117-requirements:
118-(1) The Long-Term Stabilization Support Program shall
119-serve individuals with intellectual disabilities or
120-developmental disabilities who are currently receiving
121-home and community-based services and are at risk of
122-facility-based care due to significant behavioral
123-challenges and individuals transitioning out of State
124-developmental centers for a period of up to 2 years, or
125-longer if appropriate for the individual.
126-(2) The program shall be regulated by the Department
127-in accordance with the community-integrated living
128-arrangement guidelines set forth under the
129-Community-Integrated Living Arrangement Licensure and
130-Certification Act and any applicable rules or policies.
131-(3) Each home shall support no more than 4 residents,
132-each having his or her own bedroom.
133-(4) If an individual is in need of this program, it
134-must be reflected in his or her individual plan.
135-(5) The individual, in conjunction with his or her
136-guardian, if applicable, may change his or her home and
137-community-based services, including his or her
138-participation in this program, including requesting
139-alternate placement when the wants or needs of the
140-individual, as reflected in the individual's personal
67+SB1674 Enrolled- 3 -LRB103 29556 SPS 55951 b SB1674 Enrolled - 3 - LRB103 29556 SPS 55951 b
68+ SB1674 Enrolled - 3 - LRB103 29556 SPS 55951 b
69+1 this Article and the following model:
70+2 (1) the Diversion from Facility-based Care Model shall
71+3 serve individuals with intellectual disabilities or
72+4 developmental disabilities who are currently receiving
73+5 HCBS services and are at risk of facility-based care due
74+6 to significant behavioral challenges, some with a dual
75+7 diagnosis of mental illness, for a period ranging from one
76+8 to 2 years, or longer if appropriate for the individual;
77+9 (2) the Program shall be regulated in accordance with
78+10 the community-integrated living arrangement guidelines;
79+11 (3) each home shall support no more than 4 residents,
80+12 each having his or her own bedroom;
81+13 (4) if, at any point, an individual, his or her
82+14 guardian, or family caregivers, in conjunction with the
83+15 provider and clinical staff, believe the individual is
84+16 capable of participating in a HCBS service, those
85+17 opportunities shall be offered as they become available;
86+18 and
87+19 (5) providers shall have adequate resources,
88+20 experience, and qualifications to serve the population
89+21 target by the Program, as determined by the Department;
90+22 (6) participating Program providers and the Department
91+23 shall participate in an ongoing collaborative whereby best
92+24 practices and treatment experiences would be shared and
93+25 utilized;
94+26 (7) home locations shall be proposed by the provider
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143-plan, would be better served in another setting along the
144-full spectrum of care. If an individual, his or her
145-guardian, if applicable, or family caregivers, in
146-conjunction with the independent service coordination
147-agency, the provider, and clinical staff, believe the
148-individual's wants or needs, as reflected in the
149-individual's personal plan, would be better served in an
150-alternate setting along the full spectrum of care, those
151-opportunities shall be discussed as they are identified.
152-The request may be made at any point during the period
153-specified in paragraph (1) or at the conclusion of that
154-period, when assessing whether continued participation in
155-the program would be appropriate for the individual.
156-(6) The Department shall ensure providers have
157-adequate resources, experience, and qualifications to
158-serve the population targeted by this program.
159-(7) The Department shall lead the providers in an
160-ongoing collaboration, whereby best practices and
161-treatment experiences shall be shared and utilized.
162-(8) The providers shall propose home locations in
163-collaboration with other community stakeholders.
164-(b) Beginning March 31, 2025, the Department shall publish
165-quarterly reports on the following:
166-(1) the number of individuals participating in the
167-program;
168-(2) the number of individuals transitioning from the
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171-program;
172-(3) the location where individuals transition to
173-during and after participation in the program; and
174-(4) the length of time individuals are participating
175-in the program.
176-The report to the General Assembly shall be filed with the
177-Clerk of the House of Representatives and the Secretary of the
178-Senate in electronic form, in the manner that the Clerk and the
179-Secretary shall direct.
180-(c) The Department shall adopt rules to develop and
181-implement this program.
182-(405 ILCS 80/7A-3 new)
183-Sec. 7A-3. Short-Term Stabilization Support Program.
184-(a) Subject to appropriation or the availability of other
185-funds for these purposes at the discretion of the Department,
186-the Department shall establish the Short-Term Stabilization
187-Support Program consisting of at least 10 homes across the
188-State, in accordance with this Article and the following
189-requirements:
190-(1) The Short-Term Stabilization Support Program shall
191-serve individuals with intellectual disabilities or
192-developmental disabilities who are currently receiving
193-home and community-based services and are at risk of
194-facility-based care due to significant behavioral
195-challenges for a period ranging up to 90 days with an
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100+ SB1674 Enrolled - 3 - LRB103 29556 SPS 55951 b
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198-option to extend if appropriate for the individual.
199-(2) The program shall be regulated by the Department
200-in accordance with the community-integrated living
201-arrangement guidelines set forth under the
202-Community-Integrated Living Arrangement Licensure and
203-Certification Act and any applicable rules or policies or
204-shall be regulated by the Department of Children and
205-Family Services in accordance with child group home
206-guidelines set forth under the Children and Family
207-Services Act and any applicable rules or policies.
208-(3) Each home shall support no more than 4 residents,
209-each having his or her own bedroom.
210-(4) If an individual is in need of this program, it
211-must be reflected in his or her individual plan.
212-(5) The individual, in conjunction with his or her
213-guardian, if applicable, may change his or her home and
214-community-based services, including his or her
215-participation in this program, including requesting
216-alternate placement when the wants or needs of the
217-individual, as reflected in the individual's personal
218-plan, would be better served in another setting along the
219-full spectrum of care. If an individual, his or her
220-guardian, if applicable, or family caregivers, in
221-conjunction with the independent service coordination
222-agency, the provider, and clinical staff, believe the
223-individual's wants or needs, as reflected in the
103+SB1674 Enrolled- 4 -LRB103 29556 SPS 55951 b SB1674 Enrolled - 4 - LRB103 29556 SPS 55951 b
104+ SB1674 Enrolled - 4 - LRB103 29556 SPS 55951 b
105+1 in collaboration with other community stakeholders;
106+2 (8) The Department, in collaboration with
107+3 participating providers, by rule shall develop data
108+4 collection and reporting requirements for participating
109+5 community service providers. Beginning December 31, 2020
110+6 the Department shall submit an annual report
111+7 electronically to the General Assembly and Governor that
112+8 outlines the progress and effectiveness of the pilot
113+9 program. The report to the General Assembly shall be filed
114+10 with the Clerk of the House of Representatives and the
115+11 Secretary of the Senate in electronic form only, in the
116+12 manner that the Clerk and the Secretary shall direct;
117+13 (9) the staffing model shall allow for a high level of
118+14 community integration and engagement and family
119+15 involvement; and
120+16 (10) appropriate day services, staff training
121+17 priorities, and home modifications shall be incorporated
122+18 into the Program model, as allowed by HCBS authorization.
123+19 (c) (Blank). This Section is repealed on January 1, 2025.
124+20 (Source: P.A. 102-1109, eff. 12-21-22.)
125+21 (405 ILCS 80/7A-2 new)
126+22 Sec. 7A-2. Long-Term Stabilization Support Program.
127+23 (a) Subject to appropriation or the availability of other
128+24 funds for these purposes at the discretion of the Department,
129+25 the Department shall establish the Long-Term Stabilization
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225131
226-individual's personal plan, would be better served in an
227-alternate setting along the full spectrum of care, those
228-opportunities shall be discussed as they are identified.
229-The request may be made at any point during the period
230-specified in paragraph (1) or at the conclusion of that
231-period, when assessing whether continued participation in
232-the program would be appropriate for the individual.
233-(6) The Department shall ensure providers have
234-adequate resources, experience, and qualifications to
235-serve the population targeted by this program.
236-(7) The Department shall lead the providers in an
237-ongoing collaboration, whereby best practices and
238-treatment experiences shall be shared and utilized.
239-(8) The providers shall propose home locations in
240-collaboration with other community stakeholders.
241-(b) Beginning March 31, 2025, the Department shall publish
242-quarterly reports on the following:
243-(1) the number of individuals participating in the
244-program;
245-(2) the number of individuals transitioning from the
246-program;
247-(3) the location where individuals transition to
248-during and after participation in the program; and
249-(4) the length of time individuals are participating
250-in the program.
251-The report to the General Assembly shall be filed with the
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254-Clerk of the House of Representatives and the Secretary of the
255-Senate in electronic form, in the manner that the Clerk and the
256-Secretary shall direct.
257-(c) The Department shall adopt rules to develop and
258-implement this program.
259-(405 ILCS 80/7A-4 new)
260-Sec. 7A-4. Repealer. This Article is repealed January 1,
261-2028.
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139+ SB1674 Enrolled - 5 - LRB103 29556 SPS 55951 b
140+1 Support Program consisting of at least 8 homes across the
141+2 State in accordance with this Article and the following
142+3 requirements:
143+4 (1) The Long-Term Stabilization Support Program shall
144+5 serve individuals with intellectual disabilities or
145+6 developmental disabilities who are currently receiving
146+7 home and community-based services and are at risk of
147+8 facility-based care due to significant behavioral
148+9 challenges and individuals transitioning out of State
149+10 developmental centers for a period of up to 2 years, or
150+11 longer if appropriate for the individual.
151+12 (2) The program shall be regulated by the Department
152+13 in accordance with the community-integrated living
153+14 arrangement guidelines set forth under the
154+15 Community-Integrated Living Arrangement Licensure and
155+16 Certification Act and any applicable rules or policies.
156+17 (3) Each home shall support no more than 4 residents,
157+18 each having his or her own bedroom.
158+19 (4) If an individual is in need of this program, it
159+20 must be reflected in his or her individual plan.
160+21 (5) The individual, in conjunction with his or her
161+22 guardian, if applicable, may change his or her home and
162+23 community-based services, including his or her
163+24 participation in this program, including requesting
164+25 alternate placement when the wants or needs of the
165+26 individual, as reflected in the individual's personal
166+
167+
168+
169+
170+
171+ SB1674 Enrolled - 5 - LRB103 29556 SPS 55951 b
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174+SB1674 Enrolled- 6 -LRB103 29556 SPS 55951 b SB1674 Enrolled - 6 - LRB103 29556 SPS 55951 b
175+ SB1674 Enrolled - 6 - LRB103 29556 SPS 55951 b
176+1 plan, would be better served in another setting along the
177+2 full spectrum of care. If an individual, his or her
178+3 guardian, if applicable, or family caregivers, in
179+4 conjunction with the independent service coordination
180+5 agency, the provider, and clinical staff, believe the
181+6 individual's wants or needs, as reflected in the
182+7 individual's personal plan, would be better served in an
183+8 alternate setting along the full spectrum of care, those
184+9 opportunities shall be discussed as they are identified.
185+10 The request may be made at any point during the period
186+11 specified in paragraph (1) or at the conclusion of that
187+12 period, when assessing whether continued participation in
188+13 the program would be appropriate for the individual.
189+14 (6) The Department shall ensure providers have
190+15 adequate resources, experience, and qualifications to
191+16 serve the population targeted by this program.
192+17 (7) The Department shall lead the providers in an
193+18 ongoing collaboration, whereby best practices and
194+19 treatment experiences shall be shared and utilized.
195+20 (8) The providers shall propose home locations in
196+21 collaboration with other community stakeholders.
197+22 (b) Beginning March 31, 2025, the Department shall publish
198+23 quarterly reports on the following:
199+24 (1) the number of individuals participating in the
200+25 program;
201+26 (2) the number of individuals transitioning from the
202+
203+
204+
205+
206+
207+ SB1674 Enrolled - 6 - LRB103 29556 SPS 55951 b
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211+ SB1674 Enrolled - 7 - LRB103 29556 SPS 55951 b
212+1 program;
213+2 (3) the location where individuals transition to
214+3 during and after participation in the program; and
215+4 (4) the length of time individuals are participating
216+5 in the program.
217+6 The report to the General Assembly shall be filed with the
218+7 Clerk of the House of Representatives and the Secretary of the
219+8 Senate in electronic form, in the manner that the Clerk and the
220+9 Secretary shall direct.
221+10 (c) The Department shall adopt rules to develop and
222+11 implement this program.
223+12 (405 ILCS 80/7A-3 new)
224+13 Sec. 7A-3. Short-Term Stabilization Support Program.
225+14 (a) Subject to appropriation or the availability of other
226+15 funds for these purposes at the discretion of the Department,
227+16 the Department shall establish the Short-Term Stabilization
228+17 Support Program consisting of at least 10 homes across the
229+18 State, in accordance with this Article and the following
230+19 requirements:
231+20 (1) The Short-Term Stabilization Support Program shall
232+21 serve individuals with intellectual disabilities or
233+22 developmental disabilities who are currently receiving
234+23 home and community-based services and are at risk of
235+24 facility-based care due to significant behavioral
236+25 challenges for a period ranging up to 90 days with an
237+
238+
239+
240+
241+
242+ SB1674 Enrolled - 7 - LRB103 29556 SPS 55951 b
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246+ SB1674 Enrolled - 8 - LRB103 29556 SPS 55951 b
247+1 option to extend if appropriate for the individual.
248+2 (2) The program shall be regulated by the Department
249+3 in accordance with the community-integrated living
250+4 arrangement guidelines set forth under the
251+5 Community-Integrated Living Arrangement Licensure and
252+6 Certification Act and any applicable rules or policies or
253+7 shall be regulated by the Department of Children and
254+8 Family Services in accordance with child group home
255+9 guidelines set forth under the Children and Family
256+10 Services Act and any applicable rules or policies.
257+11 (3) Each home shall support no more than 4 residents,
258+12 each having his or her own bedroom.
259+13 (4) If an individual is in need of this program, it
260+14 must be reflected in his or her individual plan.
261+15 (5) The individual, in conjunction with his or her
262+16 guardian, if applicable, may change his or her home and
263+17 community-based services, including his or her
264+18 participation in this program, including requesting
265+19 alternate placement when the wants or needs of the
266+20 individual, as reflected in the individual's personal
267+21 plan, would be better served in another setting along the
268+22 full spectrum of care. If an individual, his or her
269+23 guardian, if applicable, or family caregivers, in
270+24 conjunction with the independent service coordination
271+25 agency, the provider, and clinical staff, believe the
272+26 individual's wants or needs, as reflected in the
273+
274+
275+
276+
277+
278+ SB1674 Enrolled - 8 - LRB103 29556 SPS 55951 b
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282+ SB1674 Enrolled - 9 - LRB103 29556 SPS 55951 b
283+1 individual's personal plan, would be better served in an
284+2 alternate setting along the full spectrum of care, those
285+3 opportunities shall be discussed as they are identified.
286+4 The request may be made at any point during the period
287+5 specified in paragraph (1) or at the conclusion of that
288+6 period, when assessing whether continued participation in
289+7 the program would be appropriate for the individual.
290+8 (6) The Department shall ensure providers have
291+9 adequate resources, experience, and qualifications to
292+10 serve the population targeted by this program.
293+11 (7) The Department shall lead the providers in an
294+12 ongoing collaboration, whereby best practices and
295+13 treatment experiences shall be shared and utilized.
296+14 (8) The providers shall propose home locations in
297+15 collaboration with other community stakeholders.
298+16 (b) Beginning March 31, 2025, the Department shall publish
299+17 quarterly reports on the following:
300+18 (1) the number of individuals participating in the
301+19 program;
302+20 (2) the number of individuals transitioning from the
303+21 program;
304+22 (3) the location where individuals transition to
305+23 during and after participation in the program; and
306+24 (4) the length of time individuals are participating
307+25 in the program.
308+26 The report to the General Assembly shall be filed with the
309+
310+
311+
312+
313+
314+ SB1674 Enrolled - 9 - LRB103 29556 SPS 55951 b
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317+SB1674 Enrolled- 10 -LRB103 29556 SPS 55951 b SB1674 Enrolled - 10 - LRB103 29556 SPS 55951 b
318+ SB1674 Enrolled - 10 - LRB103 29556 SPS 55951 b
319+1 Clerk of the House of Representatives and the Secretary of the
320+2 Senate in electronic form, in the manner that the Clerk and the
321+3 Secretary shall direct.
322+4 (c) The Department shall adopt rules to develop and
323+5 implement this program.
324+6 (405 ILCS 80/7A-4 new)
325+7 Sec. 7A-4. Repealer. This Article is repealed January 1,
326+8 2028.
327+
328+
329+
330+
331+
332+ SB1674 Enrolled - 10 - LRB103 29556 SPS 55951 b