SB1036sam001 97TH GENERAL ASSEMBLY

Sen. Annazette R. Collins

Filed: 4/11/2011

09700SB1036sam001 LRB097 04763 RLC 54281 a

AMENDMENT TO SENATE BILL 1036

AMENDMENT NO. ______. Amend Senate Bill 1036 by replacing everything after the enacting clause with the following:

"Section 5. The Unified Code of Corrections is amended by adding Article 20 to Chapter III as follows:

(730 ILCS 5/Ch. III Art. 20 heading new)

ARTICLE 20. INTEGRATED CORRECTIONAL RE-ENTRY PILOT PROGRAM

(730 ILCS 5/3-20-5 new)

Sec. 3-20-5. Integrated Correctional Re-entry Pilot Program.

(a) The General Assembly finds that an Integrated Correctional Re-entry Pilot Program would reduce the costs of incarceration and recidivism in this State.

(b) The Illinois Department of Corrections shall establish a 2-year Integrated Correctional Re-entry Pilot Program for eligible offenders.

(c) In order for an offender to be eligible for the program:

(1) the person shall have a professional diagnostic assessment that has determined that the person is drug or alcohol dependent and would benefit from treatment;

(2) the person is a drug or alcohol dependent person within the meaning of the Alcoholism and Other Drug Abuse and Dependency Act or was drug or alcohol dependent at the time of the commission of the present offense;

(3) the present offense was committed while the person was under the influence of a controlled substance or alcohol or was committed to acquire property or moneys in order to support the person's drug or alcohol dependency;

(4) substance abuse treatment and monitoring will serve to benefit the person by addressing the drug or alcohol dependency and will thereby reduce the likelihood that the person will commit another offense;

(5) the person has not been previously convicted of, or adjudicated delinquent for, arson or a related offense pursuant to Article 20 of the Criminal Code of 1961, or a similar crime under the laws of any other state or the United States;

(6) the person has not been previously convicted of, or adjudicated delinquent for, the commission of a sex offense as defined in Article 11 of the Criminal Code of 1961 or a similar crime under the laws of any other state or the United States;

(7) the length of the person's aggregate sentence for the present offense was at least 36 months;

(8) the person meets eligibility criteria established pursuant to Department of Corrections rules for release to residential community programs except that a person shall be eligible 6 months prior to parole or mandatory supervised release (MSR);

(9) the person shall be currently participating in an institutional substance abuse treatment program in an Illinois Department of Corrections facility; and

(10) any person who meets the eligibility criteria outlined in paragraphs (1) through (9) of this subsection (c) shall be eligible for admission into the program. Any inmate incarcerated on the effective date of this amendatory Act of the 97th General Assembly shall also be eligible for the program if the eligibility requirements specified in paragraphs (1) through (9) of this subsection (c) are met.

(d) An offender eligible for the Integrated Correctional Re-entry Pilot Program shall be transitioned to the Integrated Correctional Re-entry Pilot Program for continued care and transitional or re-entry services for the final 6 months of the incarceration portion of his or her sentence.

(e) An offender transitioned to the Integrated Correctional Re-entry Pilot Program must reside in his or her own approved residence or approved transitional housing, but shall attend on-site programming at the Integrated Correctional Re-entry Pilot Program facility for 8 to 12 hours a day. An offender in the Integrated Correctional Re-entry Pilot Program shall be placed on electronic monitoring with an approved electronic monitoring device as defined in Section 5-8A-2 of this Code for the first 60 to 90 days of his or her participation in the Program. An offender's movements shall be restricted to his or her residence, the Integrated Correctional Re-entry Pilot Program facility, and work or education sites as the offender progresses through the Program. If an offender violates the movement restrictions imposed by this Section, the offender's parole agent shall be immediately notified and the Department of Corrections shall impose punishment upon the offender up to and including revocation of electronic monitoring status and return to incarceration in an Illinois Department of Corrections facility.

(f) The Program shall be an integrated Service Delivery model provided by a single qualified vendor, and shall include, at a minimum the following components:

(1) Substance Abuse and Co-Occurring Disorder treatment. Participation in the Program must begin with intensive treatment provided by certified substance abuse counselors or licensed mental health professionals. Upon entry into the Program an offender shall undergo a comprehensive battery of substance abuse and mental health assessments to determine treatment needs. Based on assessed risks and needs individualized goals and objectives must be developed for each participant. Treatment programming must include substance abuse counseling groups, cognitive restructuring interventions, anger management groups, co-occurring disorder groups, individual therapy, and medication-assisted treatment, as indicated. Program compliance must be monitored through regular urinalysis drug testing. The intensive treatment phase shall last a minimum of 90-days, and will be followed by a less intensive "step-down" treatment phase for the minimum of an additional 90 days, designed to prepare offenders for self-sufficiency in the community through continued outpatient and aftercare treatment, life skills training, and employment readiness training.

(2) Re-entry Case Management. Re-entry case managers shall coordinate comprehensive re-entry support services tailored to the needs of each offender and shall coordinate the treatment team in the provision of these services.

(3) Medication Assisted Treatment. The offender, when indicated, shall be administered once-monthly, non-addictive, FDA-approved medication for the treatment of alcohol dependence and the prevention of relapse to opioid dependence following detoxification.

(g) A single treatment provider shall be selected to provide the Pilot Program through a Request for Qualifications (RFQ) process. A Request for Qualifications form of procurement shall allow the Department of Corrections to select the vendor to implement the Pilot of this Program, without the demands of prescribing the Program in a form solicitation procurement document. This is required so that a qualified provider can assist the Illinois Department of Corrections with the planning and implementation process for the Program during the start-up period authorized by this Code. The RFQ selection shall require that the Illinois Department of Corrections select a vendor for the program that shall:

(1) have significant experience providing alcohol and drug abuse treatment, and co-occurring mental health treatment to offenders sentenced to the Department of Corrections, both on an in-custody basis and in community corrections settings;

(2) have a record of providing high quality evidence-based substance abuse and alcohol treatment at the community level in Illinois;

(3) possess deep knowledge and familiarity with the communities on Chicago's west side; and

(4) have experience using once-monthly, non-addictive, FDA-approved medication to treat alcohol and drug abuse.

(h) The Integrated Correctional Re-entry Pilot Program shall be based in a facility designed to serve communities on the west side of Chicago.

(i) The Department of Corrections shall operate the Integrated Correctional Re-entry Pilot Program for no less than 2 years plus a 6-month start-up phase, beginning on the effective date of this amendatory Act of the 97th General Assembly. The Department of Corrections shall monitor and evaluate the impact of the Integrated Correctional Re-entry Pilot Program during its implementation, including cost efficiency and the effect of the Program on recidivism, and establish a 3-year follow up evaluation and outcome assessment for all participants in the Program. The Department of Corrections shall include the results of the evaluation in a report that it must use to assess the potential long-term implementation and expansion of the Integrated Correctional Re-entry Pilot Program in Illinois.

(j) Upon completion of the evaluation of the pilot phase, per subsection (i) of this Section, if the Program is found to successfully reduce recidivism and incarceration costs for the target population, the Department of Corrections shall replicate the Program in additional geographic areas of the State. The expansion shall be accomplished through a competitive bid process, with preference given to entities with experience in the provision of integrated services similar to those provided in the Program's design.

Section 99. Effective date. This Act takes effect upon becoming law.".