Illinois 2025-2026 Regular Session

Illinois Senate Bill SB2330 Compare Versions

Only one version of the bill is available at this time.
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11 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2330 Introduced 2/7/2025, by Sen. Napoleon Harris, III SYNOPSIS AS INTRODUCED: 730 ILCS 5/3-6-9 new Amends the Unified Code of Corrections. Provides that the Department of Corrections shall be required to ensure all persons under its care are assessed for substance use disorder, as defined in the Substance Use Disorder Act. Provides that this process includes screening and assessment for opioid use disorders. Provides that for a committed person diagnosed with opioid use disorder, the Department shall offer, or facilitate access to, all medication-assisted treatment options deemed appropriate by an authorized health care professional. Provides that the Department shall not impose limitations on the types of medication assisted treatment that may be recommended by an authorized health care professional as part of a treatment plan. Provides that an individual receiving medication-assisted treatment prior to being committed to a Department of Corrections facility shall be entitled to, upon request, continue such treatment in the medication assisted treatment program for any period of time deemed medically necessary by an authorized health care professional. Provides that no person shall be denied participation in medication-assisted treatment program on the basis of a positive drug screening upon entering the Department's custody; nor shall any person receive a disciplinary infraction for such positive drug screen. Provides that no person shall be denied participation in medication-assisted treatment based on prior success or failure of any medication-assisted treatment program. Provides that for each Parole District, the Department shall develop a plan to facilitate access to medication-assisted treatment for persons diagnosed with opioid use disorder in the community following release. Provides that the Department may adopt rules for the implementation of these provisions. Effective January 1, 2026. LRB104 08913 RLC 18968 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2330 Introduced 2/7/2025, by Sen. Napoleon Harris, III SYNOPSIS AS INTRODUCED: 730 ILCS 5/3-6-9 new 730 ILCS 5/3-6-9 new Amends the Unified Code of Corrections. Provides that the Department of Corrections shall be required to ensure all persons under its care are assessed for substance use disorder, as defined in the Substance Use Disorder Act. Provides that this process includes screening and assessment for opioid use disorders. Provides that for a committed person diagnosed with opioid use disorder, the Department shall offer, or facilitate access to, all medication-assisted treatment options deemed appropriate by an authorized health care professional. Provides that the Department shall not impose limitations on the types of medication assisted treatment that may be recommended by an authorized health care professional as part of a treatment plan. Provides that an individual receiving medication-assisted treatment prior to being committed to a Department of Corrections facility shall be entitled to, upon request, continue such treatment in the medication assisted treatment program for any period of time deemed medically necessary by an authorized health care professional. Provides that no person shall be denied participation in medication-assisted treatment program on the basis of a positive drug screening upon entering the Department's custody; nor shall any person receive a disciplinary infraction for such positive drug screen. Provides that no person shall be denied participation in medication-assisted treatment based on prior success or failure of any medication-assisted treatment program. Provides that for each Parole District, the Department shall develop a plan to facilitate access to medication-assisted treatment for persons diagnosed with opioid use disorder in the community following release. Provides that the Department may adopt rules for the implementation of these provisions. Effective January 1, 2026. LRB104 08913 RLC 18968 b LRB104 08913 RLC 18968 b A BILL FOR
22 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2330 Introduced 2/7/2025, by Sen. Napoleon Harris, III SYNOPSIS AS INTRODUCED:
33 730 ILCS 5/3-6-9 new 730 ILCS 5/3-6-9 new
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55 Amends the Unified Code of Corrections. Provides that the Department of Corrections shall be required to ensure all persons under its care are assessed for substance use disorder, as defined in the Substance Use Disorder Act. Provides that this process includes screening and assessment for opioid use disorders. Provides that for a committed person diagnosed with opioid use disorder, the Department shall offer, or facilitate access to, all medication-assisted treatment options deemed appropriate by an authorized health care professional. Provides that the Department shall not impose limitations on the types of medication assisted treatment that may be recommended by an authorized health care professional as part of a treatment plan. Provides that an individual receiving medication-assisted treatment prior to being committed to a Department of Corrections facility shall be entitled to, upon request, continue such treatment in the medication assisted treatment program for any period of time deemed medically necessary by an authorized health care professional. Provides that no person shall be denied participation in medication-assisted treatment program on the basis of a positive drug screening upon entering the Department's custody; nor shall any person receive a disciplinary infraction for such positive drug screen. Provides that no person shall be denied participation in medication-assisted treatment based on prior success or failure of any medication-assisted treatment program. Provides that for each Parole District, the Department shall develop a plan to facilitate access to medication-assisted treatment for persons diagnosed with opioid use disorder in the community following release. Provides that the Department may adopt rules for the implementation of these provisions. Effective January 1, 2026.
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1111 1 AN ACT concerning criminal law.
1212 2 Be it enacted by the People of the State of Illinois,
1313 3 represented in the General Assembly:
1414 4 Section 5. The Unified Code of Corrections is amended by
1515 5 adding Section 3-6-9 as follows:
1616 6 (730 ILCS 5/3-6-9 new)
1717 7 Sec. 3-6-9. Treatment for committed persons with substance
1818 8 use disorders.
1919 9 (a) The General Assembly finds the followings:
2020 10 (1) The Department of Corrections does not currently
2121 11 have extensive medication-assisted treatment programs
2222 12 readily available to meet the needs of all committed
2323 13 persons with opioid use disorder, despite estimates that
2424 14 more than half of the committed population meets the
2525 15 criteria for having a substance use disorder.
2626 16 (2) Providing timely access to medication-assisted
2727 17 treatment in correctional settings reduces recidivism,
2828 18 overdose risk following release, and improves treatment
2929 19 retention. Withholding evidence-based opioid use disorder
3030 20 treatment increases risk for death during detainment and
3131 21 upon release.
3232 22 (3) According to the Department of Human Services, up
3333 23 to 75% of parolees who leave prison without treatment for
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3737 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2330 Introduced 2/7/2025, by Sen. Napoleon Harris, III SYNOPSIS AS INTRODUCED:
3838 730 ILCS 5/3-6-9 new 730 ILCS 5/3-6-9 new
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4040 Amends the Unified Code of Corrections. Provides that the Department of Corrections shall be required to ensure all persons under its care are assessed for substance use disorder, as defined in the Substance Use Disorder Act. Provides that this process includes screening and assessment for opioid use disorders. Provides that for a committed person diagnosed with opioid use disorder, the Department shall offer, or facilitate access to, all medication-assisted treatment options deemed appropriate by an authorized health care professional. Provides that the Department shall not impose limitations on the types of medication assisted treatment that may be recommended by an authorized health care professional as part of a treatment plan. Provides that an individual receiving medication-assisted treatment prior to being committed to a Department of Corrections facility shall be entitled to, upon request, continue such treatment in the medication assisted treatment program for any period of time deemed medically necessary by an authorized health care professional. Provides that no person shall be denied participation in medication-assisted treatment program on the basis of a positive drug screening upon entering the Department's custody; nor shall any person receive a disciplinary infraction for such positive drug screen. Provides that no person shall be denied participation in medication-assisted treatment based on prior success or failure of any medication-assisted treatment program. Provides that for each Parole District, the Department shall develop a plan to facilitate access to medication-assisted treatment for persons diagnosed with opioid use disorder in the community following release. Provides that the Department may adopt rules for the implementation of these provisions. Effective January 1, 2026.
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6868 1 an identified substance use disorder resume substance use
6969 2 within 3 months of release.
7070 3 (4) Studies demonstrate that in the first 2 weeks
7171 4 after release, the risk of opioid overdose is 40 times
7272 5 higher for those who were incarcerated compared to the
7373 6 general population.
7474 7 (5) It is the stated position of the U.S. Substance
7575 8 Abuse and Mental Health Services Administration that no
7676 9 justification exists for denying access to medications for
7777 10 opioid use disorder because psychosocial services are
7878 11 unavailable or individuals are unwilling to avail
7979 12 themselves of those services.
8080 13 (6) The U.S. Department of Justice has determined that
8181 14 individuals with opioid use disorder are protected under
8282 15 the Americans with Disabilities Act of 1990.
8383 16 (7) In community-based settings, such as opioid
8484 17 treatment programs and primary care facilities,
8585 18 medication-assisted treatment has been proven to reduce
8686 19 overdose deaths and illicit opioid use. Individuals with
8787 20 opioid use disorder living in correctional settings are
8888 21 entitled to the same level of care as those in
8989 22 community-based settings.
9090 23 (b) In alignment with the State of Illinois Overdose
9191 24 Action Plan, the purpose of this Section is to facilitate
9292 25 timely access to medication-assisted treatment options and
9393 26 therapies to all individuals under the care of the Department
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104104 1 of Corrections who are diagnosed with opioid use disorder.
105105 2 (c) In this Section:
106106 3 "Authorized health care professional" means a physician
107107 4 licensed to practice medicine in all its branches, a licensed
108108 5 physician assistant with prescriptive authority, a licensed
109109 6 advanced practice registered nurse with prescriptive
110110 7 authority, an advanced practice registered nurse or physician
111111 8 assistant who practices in a hospital, hospital affiliate, or
112112 9 ambulatory surgical treatment center and possesses appropriate
113113 10 clinical privileges in accordance with the Nurse Practice Act,
114114 11 or a pharmacist licensed to practice pharmacy under the
115115 12 Pharmacy Practice Act.
116116 13 "Department" means the Department of Corrections.
117117 14 "Medication-assisted treatment" means the use of U.S. Food
118118 15 and Drug Administration-approved medications, in combination
119119 16 with counseling and behavioral therapies, to provide a whole
120120 17 patient approach to the treatment of substance use disorders.
121121 18 (d) The Department shall be required to ensure all persons
122122 19 under its care are assessed for substance use disorder, as
123123 20 defined in the Substance Use Disorder Act. This process
124124 21 includes screening and assessment for opioid use disorders.
125125 22 For a committed person diagnosed with opioid use disorder, the
126126 23 Department shall offer, or facilitate access to, all
127127 24 medication-assisted treatment options deemed appropriate by an
128128 25 authorized health care professional. The Department shall not
129129 26 impose limitations on the types of medication assisted
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140140 1 treatment that may be recommended by an authorized health care
141141 2 professional as part of a treatment plan.
142142 3 (e) An individual receiving medication-assisted treatment
143143 4 prior to being committed to a Department of Corrections
144144 5 facility shall be entitled to, upon request, continue such
145145 6 treatment in the medication assisted treatment program for any
146146 7 period of time deemed medically necessary by an authorized
147147 8 health care professional. No person shall be denied
148148 9 participation in medication-assisted treatment program on the
149149 10 basis of a positive drug screening upon entering the
150150 11 Department's custody; nor shall any person receive a
151151 12 disciplinary infraction for such positive drug screen. No
152152 13 person shall be denied participation in medication-assisted
153153 14 treatment based on prior success or failure of any
154154 15 medication-assisted treatment program.
155155 16 (f) For each Parole District, the Department shall develop
156156 17 a plan to facilitate access to medication-assisted treatment
157157 18 for persons diagnosed with opioid use disorder in the
158158 19 community following release.
159159 20 (g) The Department may adopt rules for the implementation
160160 21 of this Section.
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