Public Act 103-0361
 
HB3819 EnrolledLRB103 29980 AWJ 56399 b


  
    AN ACT concerning government.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  


 
 
    Section 5. The Community-Law Enforcement and Other First 
Responder Partnership for Deflection and Substance Use 
Disorder Treatment Act is amended  by changing Sections 1, 5, 
10, 15, 20, 21, 30, and 35 as follows:
 
    (5 ILCS 820/1)
    Sec. 1. Short title. This Act may be cited as the Community 
Community-Law Enforcement and Other First Responder 
Partnership for Deflection and Substance Use Disorder 
Treatment Act.

(Source: P.A. 100-1025, eff. 1-1-19; 101-652, eff. 7-1-21.)
 
    (5 ILCS 820/5)
    Sec. 5. Purposes. The General Assembly hereby acknowledges 
that opioid use disorders, overdoses, and deaths in Illinois 
are persistent and growing concerns for Illinois communities. 
These concerns compound existing challenges to adequately 
address and manage substance use and mental health disorders. 
Local government agencies, law Law enforcement officers, other 
first responders, and co-responders have a unique opportunity 
to facilitate connections to community-based services, 
including case management, and mental and behavioral health 
interventions that provide harm reduction or substance use 
treatment and can help save and restore lives; help reduce 
drug use, overdose incidence, criminal offending, and 
recidivism; and help prevent arrest and conviction records 
that destabilize health, families, and opportunities for 
community citizenship and self-sufficiency. These efforts are 
bolstered when pursued in partnership with licensed behavioral 
health treatment providers and community members or 
organizations. It is the intent of the General Assembly to 
authorize law enforcement, and other first responders, and 
local government agencies to develop and implement 
collaborative deflection programs in Illinois that offer 
immediate pathways to substance use treatment and other 
services as an alternative to traditional case processing and 
involvement in the criminal justice system, and to unnecessary 
admission to emergency departments.

(Source: P.A. 100-1025, eff. 1-1-19; 101-652, eff. 7-1-21.)
 
    (5 ILCS 820/10)

    Sec. 10. Definitions. In this Act:
 
    "Case management" means those services which use 
evidence-based practices, including harm reduction and 
motivational interviewing, to will assist persons in gaining 
access to needed social, educational, medical, substance use 
and mental health treatment, and other services.

    "Community member or organization" means an individual 
volunteer, resident, public office, or a not-for-profit 
organization, religious institution, charitable organization, 
or other public body committed to the improvement of 
individual and family mental and physical well-being and the 
overall social welfare of the community, and may include 
persons with lived experience in recovery from substance use 
disorder, either themselves or as family members.

    "Other first responder" means and includes emergency 
medical services providers that are public units of 
government, fire departments and districts, and officials and 
responders representing and employed by these entities. 
    "Deflection program" means a program in which a peace 
officer or member of a law enforcement agency, or other first 
responder, or local government agency facilitates contact 
between an individual and a licensed substance use treatment 
provider, or clinician, or case management agency for 
assessment and coordination of treatment planning, including 
co-responder approaches that incorporate behavioral health, 
peer, or social work professionals with law enforcement or 
other first responders at the scene. This facilitation 
includes defined criteria for eligibility and communication 
protocols agreed to by the law enforcement agency or other 
first responder entity and the licensed treatment provider or 
case management agency for the purpose of providing substance 
use treatment or care collaboration to those persons in lieu 
of arrest or further justice system involvement, or 
unnecessary admissions to the emergency department. Deflection 
programs may include, but are not limited to, the following 
types of responses:
        (1)     a post-overdose deflection response initiated by a 
    peace officer or law enforcement agency subsequent to 
    emergency administration of medication to reverse an 
    overdose, or in cases of severe substance use disorder 
    with acute risk for overdose;

        (2)    a self-referral deflection response initiated by 
    an individual by contacting a peace officer, or law 
    enforcement agency, or other first responder, or local 
    government agency in the acknowledgment of their substance 
    use or disorder;

        (3)   an active outreach deflection response initiated 
    by a peace officer, or law enforcement agency, or other 
    first responder, or local government agency as a result of 
    proactive identification of persons thought likely to have 
    a substance use disorder or untreated or undiagnosed 
    mental illness;

        (4)    an officer, or other first responder, or local 
    government agency prevention deflection response initiated 
    by a peace officer, or law enforcement agency, or local 
    government agency in response to a community call when no 
    criminal charges are present; and
        (5)    an officer intervention during routine activities, 
    such as patrol or deflection response to a service call 
    during which a referral to treatment, to services, or to a 
    case manager is made in lieu of arrest when criminal 
    charges are present but held in abeyance pending 
    engagement with treatment.

    "Harm reduction" means a reduction of, or attempt to 
reduce, the adverse consequences of substance use, including, 
but not limited to, by addressing the substance use and 
conditions that give rise to the substance use. "Harm 
reduction" includes, but is not limited to, syringe service 
programs, naloxone distribution, and public awareness 
campaigns about the Good Samaritan Act. 
    "Law enforcement agency" means a municipal police 
department or county sheriff's office of this State, the 
Illinois State Police, or other law enforcement agency whose 
officers, by statute, are granted and authorized to exercise 
powers similar to those conferred upon any peace officer 
employed by a law enforcement agency of this State.

    "Licensed treatment provider" means an organization 
licensed by the Department of Human Services to perform an 
activity or service, or a coordinated range of those 
activities or services, as the Department of Human Services 
may establish by rule, such as the broad range of emergency, 
outpatient, intensive outpatient, and residential services and 
care, including assessment, diagnosis, case management, 
medical, psychiatric, psychological and social services, 
medication-assisted treatment, care and counseling, and 
recovery support, which may be extended to persons to assess 
or treat substance use disorder or to families of those 
persons.

    "Local government agency" means a county, municipality, or 
township office, a State's Attorney's Office, a Public 
Defender's Office, or a local health department. 
    "Peace officer" means any peace officer or member of any 
duly organized State, county, or municipal peace officer unit, 
any police force of another State, or any police force whose 
members, by statute, are granted and authorized to exercise 
powers similar to those conferred upon any peace officer 
employed by a law enforcement agency of this State.

    "Substance use disorder" means a pattern of use of alcohol 
or other drugs leading to clinical or functional impairment, 
in accordance with the definition in the Diagnostic and 
Statistical Manual of Mental Disorders (DSM-5), or in any 
subsequent editions.

    "Treatment" means the broad range of emergency, 
outpatient, intensive outpatient, and residential services and 
care (including assessment, diagnosis, case management, 
medical, psychiatric, psychological and social services, 
medication-assisted treatment, care and counseling, and 
recovery support) which may be extended to persons who have 
substance use disorders, persons with mental illness, or 
families of those persons.


(Source: P.A. 101-652, eff. 7-1-21; 102-538, eff. 8-20-21; 
102-813, eff. 5-13-22.)
 
    (5 ILCS 820/15)
    Sec. 15. Authorization.

    (a)   Any law enforcement agency, or other first responder 
entity, or local government agency may establish a deflection 
program subject to the provisions of this Act in partnership 
with one or more licensed providers of substance use disorder 
treatment services and one or more community members or 
organizations.
Programs established by another first responder 
entity or a local government agency shall also include a law 
enforcement agency. 
    (b)   The deflection program may involve a post-overdose 
deflection response, a self-referral deflection response, a 
pre-arrest diversion response, an active outreach deflection 
response, an officer or other first responder prevention 
deflection response, or an officer intervention deflection 
response, or any combination of those.

    (c)   Nothing shall preclude the General Assembly from 
adding other responses to a deflection program, or preclude a 
law enforcement agency, or other first responder entity, or 
local government agency from developing a deflection program 
response based on a model unique and responsive to local 
issues, substance use or mental health needs, and 
partnerships, using sound and promising or evidence-based 
practices.

    (c-5) Whenever appropriate and available, case management 
should be provided by a licensed treatment provider or other 
appropriate provider and may include peer recovery support 
approaches.
    (d)    To receive funding for activities as described in 
Section 35 of this Act, planning for the deflection program 
shall include:

        (1)   the involvement of one or more licensed treatment 
    programs and one or more community members or 
    organizations; and

        (2)   an agreement with the Illinois Criminal Justice 
    Information Authority to collect and evaluate relevant 
    statistical data related to the program, as established by 
    the Illinois Criminal Justice Information Authority in 
    paragraph (2) of subsection (a) of Section 25 of this Act.
        (3) an agreement with participating licensed treatment 
    providers authorizing the release of statistical data to 
    the Illinois Criminal Justice Information Authority, in 
    compliance with State and Federal law, as established by 
    the Illinois Criminal Justice Information Authority in 
    paragraph (2) of subsection (a) of Section 25 of this Act.


(Source: P.A. 100-1025, eff. 1-1-19; 101-81, eff. 7-12-19; 
101-652, eff. 7-1-21.)
 
    (5 ILCS 820/20)
    Sec. 20. Procedure. The law enforcement agency, or other 
first responder entity, local government agency, licensed 
treatment providers, and community members or organizations 
shall establish a local deflection program plan that includes 
protocols and procedures for participant identification, 
screening or assessment, case management, treatment 
facilitation, reporting, restorative justice, and ongoing 
involvement of the law enforcement agency. Licensed substance 
use disorder treatment organizations shall adhere to 42 CFR 
Part 2 regarding confidentiality regulations for information 
exchange or release. Substance use disorder treatment services 
shall adhere to all regulations specified in Department of 
Human Services Administrative Rules, Parts 2060 and 2090.

    A deflection program organized and operating under this 
Act may accept, receive, and disburse, in furtherance of its 
duties and functions, any funds, grants, and services made 
available by the State and its agencies, the federal 
government and its agencies, units of local government, and 
private or civic sources. 
(Source: P.A. 100-1025, eff. 1-1-19; 101-652, eff. 7-1-21.)
 
    (5 ILCS 820/21)
    Sec. 21. Training. Employees of the The law enforcement 
agency, or other first responder entity, or local government 
agency who are participating in programs that receive funding 
for services under Section 35 of this Act shall and that 
receive training under subsection (a.1) of Section 35 shall be 
trained in:
        (a) Neuroscience  of Addiction for Law Enforcement;
        (b) Medication-Assisted Treatment;
        (c) Criminogenic Risk-Need for Health and Safety;
        (d) Why Drug Treatment Works?;
        (e) Eliminating Stigma for People with Substance-Use 
    Disorders and Mental Health;
        (f) Avoiding Racial Bias in Deflection Program;
        (g) Promotion Racial and Gender Equity in Deflection;
        (h) Working With Community Partnerships; and
        (i) Deflection in Rural Communities; and .

        (j)  Harm Reduction. 
(Source: P.A. 101-652, eff. 7-1-21.)
 
    (5 ILCS 820/30)
    Sec. 30. Exemption from civil liability. The law 
enforcement agency, or peace officer, or other first 
responder, or local government agency or employee of the 
agency acting in good faith shall not, as the result of acts or 
omissions in providing services under Section 15 of this Act, 
be liable for civil damages, unless the acts or omissions 
constitute willful and wanton misconduct.


(Source: P.A. 100-1025, eff. 1-1-19; 101-652, eff. 7-1-21.)
 
    (5 ILCS 820/35)
    Sec. 35. Funding.

    (a)   The General Assembly may appropriate funds to the 
Illinois Criminal Justice Information Authority for the 
purpose of funding law enforcement agencies, or other first 
responder entities, or local government agencies for services 
provided by deflection program partners as part of deflection 
programs subject to subsection (d) of Section 15 of this Act.

    (a.1) Up to 10 percent of appropriated funds may be 
expended on activities related to knowledge dissemination, 
training, technical assistance, or other similar activities 
intended to increase practitioner and public awareness of 
deflection and/or to support its implementation. The Illinois 
Criminal Justice Information Authority may adopt guidelines 
and requirements to direct the distribution of funds for these 
activities. 
    (b) For all appropriated funds not distributed under 
subsection (a.1), the Illinois Criminal Justice Information 
Authority may adopt guidelines and requirements to direct the 
distribution of funds for expenses related to deflection 
programs. Funding shall be made available to support both new 
and existing deflection programs in a broad spectrum of 
geographic regions in this State, including urban, suburban, 
and rural communities. Funding for deflection programs shall 
be prioritized for communities that have been impacted by the 
war on drugs, communities that have a police/community 
relations issue, and communities that have a disproportionate 
lack of access to mental health and drug treatment. Activities 
eligible for funding under this Act may include, but are not 
limited to, the following:

        (1)   activities related to program administration, 
    coordination, or management, including, but not limited 
    to, the development of collaborative partnerships with 
    licensed treatment providers and community members or 
    organizations; collection of program data; or monitoring 
    of compliance with a local deflection program plan;

        (2)   case management including case management provided 
    prior to assessment, diagnosis, and engagement in 
    treatment, as well as assistance navigating and gaining 
    access to various treatment modalities and support 
    services;

        (3)   peer recovery or recovery support services that 
    include the perspectives of persons with the experience of 
    recovering from a substance use disorder, either 
    themselves or as family members;

        (4)  transportation to a licensed treatment provider or 
    other program partner location;
        (5)    program evaluation activities;
        (6) naloxone and related harm reduction supplies 
    necessary for carrying out overdose prevention and 
    reversal for purposes of distribution to program 
    participants or for use by law enforcement, or other first 
    responders, or local government agencies; and
        (7) treatment necessary to prevent gaps in service 
    delivery between linkage and coverage by other funding 
    sources when otherwise non-reimbursable; and . 
        (8)   wraparound participant funds to be used to 
    incentivize participation and meet participant needs. 
    Eligible items include, but are not limited to, clothing, 
    transportation, application fees, emergency shelter, 
    utilities, toiletries, medical supplies, haircuts, and 
    snacks. Food and drink is allowed if it is necessary for 
    the program's success where it incentivizes participation 
    in case management or addresses an emergency need as a 
    bridge to self-sufficiency when other sources of emergency 
    food are not available. 
    (c) Specific linkage agreements with recovery support 
services or self-help entities may be a requirement of the 
program services protocols. All deflection programs shall 
encourage the involvement of key family members and 
significant others as a part of a family-based approach to 
treatment. All deflection programs are encouraged to use 
evidence-based practices and outcome measures in the provision 
of case management, substance use disorder treatment, and 
medication-assisted treatment for persons with opioid use 
disorders.

(Source: P.A. 101-81, eff. 7-12-19; 101-652, eff. 7-1-21; 
102-813, eff. 5-13-22.)
  
 
    Section 95. Illinois Compiled Statutes reassignment. The 
Legislative Reference Bureau shall reassign the following Act 
to the specified location in the Illinois Compiled Statutes 
and file appropriate documents with the Index Division of the 
Office of the Secretary of State in accordance with subsection 
(c) of Section 5.04 of the Legislative Reference Bureau Act:
    Community Partnership for Deflection and Substance Use 
Disorder Treatment Act, reassigned from 5 ILCS 820/ to 50 ILCS 
71/.