Bill Amendment: IL HB3819 | 2023-2024 | 103rd General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: LOCAL DEFLECTION PROGRAMS

Status: 2023-07-28 - Public Act . . . . . . . . . 103-0361 [HB3819 Detail]

Download: Illinois-2023-HB3819-Senate_Amendment_001.html

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Sen. Paul Faraci

Filed: 4/20/2023

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AMENDMENT TO HOUSE BILL 3819
AMENDMENT NO. ______. Amend House Bill 3819 by replacing
everything after the enacting clause with the following:
"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

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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.)

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(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,

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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

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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

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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,

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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.

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(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

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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.

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(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

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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

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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

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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

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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/.".