Bill Text: IL HB1352 | 2025-2026 | 104th General Assembly | Introduced


Bill Title: Amends the Military Veterans Assistance Act. Expands the Act to allow for the formation of multi-county Veterans Assistance Commissions. Provides that veteran service organizations located in 2 or more adjacent counties having a population of 60,000 or less may enter into an agreement to come together and jointly form a multi-county Veterans Assistance Commission to serve the adjacent counties in accordance with the Act. Provides that a multi-county Veterans Assistance Commission may also be formed under an agreement between an existing county Veterans Assistance Commission and a veteran service organization located in an adjacent county that is without a veterans assistance commission and has a population of 60,000 or less. Requires an agreement to form and maintain a multi-county Veterans Assistance Commission to set forth: (i) the distribution of funding with respect to each member county; (ii) the location of the Commission's office; (iii) the type of services provided; (iv) the superintendent selection or appointment process; (v) Commission rules and policies; and (vi) the composition of delegates and alternates on the Commission. Provides that multi-county Veterans Assistance Commissions shall have the same powers and duties under the Act as Veterans Assistance Commissions that serve one county. Makes corresponding changes in the Counties Code, the Illinois Public Aid Code, the Drug Court Treatment Act, the Veterans and Servicemembers Court Treatment Act, and the Mental Health Court Treatment Act. Effective immediately.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced) 2025-01-28 - Referred to Rules Committee [HB1352 Detail]

Download: Illinois-2025-HB1352-Introduced.html

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB1352

Introduced , by Rep. Kyle Moore

SYNOPSIS AS INTRODUCED:
See Index

Amends the Military Veterans Assistance Act. Expands the Act to allow for the formation of multi-county Veterans Assistance Commissions. Provides that veteran service organizations located in 2 or more adjacent counties having a population of 60,000 or less may enter into an agreement to come together and jointly form a multi-county Veterans Assistance Commission to serve the adjacent counties in accordance with the Act. Provides that a multi-county Veterans Assistance Commission may also be formed under an agreement between an existing county Veterans Assistance Commission and a veteran service organization located in an adjacent county that is without a veterans assistance commission and has a population of 60,000 or less. Requires an agreement to form and maintain a multi-county Veterans Assistance Commission to set forth: (i) the distribution of funding with respect to each member county; (ii) the location of the Commission's office; (iii) the type of services provided; (iv) the superintendent selection or appointment process; (v) Commission rules and policies; and (vi) the composition of delegates and alternates on the Commission. Provides that multi-county Veterans Assistance Commissions shall have the same powers and duties under the Act as Veterans Assistance Commissions that serve one county. Makes corresponding changes in the Counties Code, the Illinois Public Aid Code, the Drug Court Treatment Act, the Veterans and Servicemembers Court Treatment Act, and the Mental Health Court Treatment Act. Effective immediately.
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A BILL FOR

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1 AN ACT concerning military service.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Counties Code is amended by changing
5Sections 3-9005 and 5-2006 as follows:
6 (55 ILCS 5/3-9005) (from Ch. 34, par. 3-9005)
7 Sec. 3-9005. Powers and duties of State's Attorney.
8 (a) The duty of each State's Attorney shall be:
9 (1) To commence and prosecute all actions, suits,
10 indictments and prosecutions, civil and criminal, in the
11 circuit court for the county, in which the people of the
12 State or county may be concerned.
13 (2) To prosecute all forfeited bonds and
14 recognizances, and all actions and proceedings for the
15 recovery of debts, revenues, moneys, fines, penalties and
16 forfeitures accruing to the State or the county, or to any
17 school district or road district in the county; also, to
18 prosecute all suits in the county against railroad or
19 transportation companies, which may be prosecuted in the
20 name of the People of the State of Illinois.
21 (3) To commence and prosecute all actions and
22 proceedings brought by any county officer in the county
23 officer's official capacity.

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1 (4) To defend all actions and proceedings brought
2 against the county, or against any county or State
3 officer, in the county or State officer's official
4 capacity, within the county.
5 (5) To attend the examination of all persons brought
6 before any judge on habeas corpus, when the prosecution is
7 in the county.
8 (6) To attend before judges and prosecute charges of
9 felony or misdemeanor, for which the offender is required
10 to be recognized to appear before the circuit court, when
11 in the State's Attorney's power so to do.
12 (7) To give the State's Attorney's opinion, without
13 fee or reward, to any county officer in the county, upon
14 any question or law relating to any criminal or other
15 matter, in which the people or the county may be
16 concerned.
17 (8) To assist the Attorney General whenever it may be
18 necessary, and in cases of appeal from the county to the
19 Supreme Court, to which it is the duty of the Attorney
20 General to attend, the State's Attorney shall furnish the
21 Attorney General at least 10 days before such is due to be
22 filed, a manuscript of a proposed statement, brief and
23 argument to be printed and filed on behalf of the people,
24 prepared in accordance with the rules of the Supreme
25 Court. However, if such brief, argument or other document
26 is due to be filed by law or order of court within this

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1 10-day period, then the State's Attorney shall furnish
2 such as soon as may be reasonable.
3 (9) To pay all moneys received by the State's Attorney
4 in trust, without delay, to the officer who by law is
5 entitled to the custody thereof.
6 (10) To notify, by first class mail, complaining
7 witnesses of the ultimate disposition of the cases arising
8 from an indictment or an information.
9 (11) To perform such other and further duties as may,
10 from time to time, be enjoined on the State's Attorney by
11 law.
12 (12) To appear in all proceedings by collectors of
13 taxes against delinquent taxpayers for judgments to sell
14 real estate, and see that all the necessary preliminary
15 steps have been legally taken to make the judgment legal
16 and binding.
17 (13) To notify, by first-class mail, the State
18 Superintendent of Education, the applicable regional
19 superintendent of schools, and the superintendent of the
20 employing school district or the chief school
21 administrator of the employing nonpublic school, if any,
22 upon the conviction of any individual known to possess a
23 certificate or license issued pursuant to Article 21 or
24 21B, respectively, of the School Code of any offense set
25 forth in Section 21B-80 of the School Code or any other
26 felony conviction, providing the name of the certificate

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1 holder, the fact of the conviction, and the name and
2 location of the court where the conviction occurred. The
3 certificate holder must also be contemporaneously sent a
4 copy of the notice.
5 (b) The State's Attorney of each county shall have
6authority to appoint one or more special investigators to
7serve subpoenas and summonses, make return of process, and
8conduct investigations which assist the State's Attorney in
9the performance of the State's Attorney duties. In counties of
10the first and second class, the fees for service of subpoenas
11and summonses are allowed by this Section and shall be
12consistent with those set forth in Section 4-5001 of this Act,
13except when increased by county ordinance as provided for in
14Section 4-5001. In counties of the third class, the fees for
15service of subpoenas and summonses are allowed by this Section
16and shall be consistent with those set forth in Section
174-12001 of this Act. A special investigator shall not carry
18firearms except with permission of the State's Attorney and
19only while carrying appropriate identification indicating the
20special investigator's employment and in the performance of
21the special investigator's assigned duties.
22 Subject to the qualifications set forth in this
23subsection, special investigators shall be peace officers and
24shall have all the powers possessed by investigators under the
25State's Attorneys Appellate Prosecutor's Act.
26 No special investigator employed by the State's Attorney

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1shall have peace officer status or exercise police powers
2unless the special investigator successfully completes the
3basic police training course mandated and approved by the
4Illinois Law Enforcement Training Standards Board or such
5board waives the training requirement by reason of the special
6investigator's prior law enforcement experience or training or
7both. Any State's Attorney appointing a special investigator
8shall consult with all affected local police agencies, to the
9extent consistent with the public interest, if the special
10investigator is assigned to areas within that agency's
11jurisdiction.
12 Before a person is appointed as a special investigator,
13the person's fingerprints shall be taken and transmitted to
14the Department of State Police. The Department shall examine
15its records and submit to the State's Attorney of the county in
16which the investigator seeks appointment any conviction
17information concerning the person on file with the Department.
18No person shall be appointed as a special investigator if the
19person has been convicted of a felony or other offense
20involving moral turpitude. A special investigator shall be
21paid a salary and be reimbursed for actual expenses incurred
22in performing the special investigator's assigned duties. The
23county board shall approve the salary and actual expenses and
24appropriate the salary and expenses in the manner prescribed
25by law or ordinance.
26 (c) The State's Attorney may request and receive from

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1employers, labor unions, telephone companies, and utility
2companies location information concerning putative fathers and
3noncustodial parents for the purpose of establishing a child's
4paternity or establishing, enforcing, or modifying a child
5support obligation. In this subsection, "location information"
6means information about (i) the physical whereabouts of a
7putative father or noncustodial parent, (ii) the putative
8father or noncustodial parent's employer, or (iii) the salary,
9wages, and other compensation paid and the health insurance
10coverage provided to the putative father or noncustodial
11parent by the employer of the putative father or noncustodial
12parent or by a labor union of which the putative father or
13noncustodial parent is a member.
14 (d) (Blank).
15 (e) The State's Attorney shall have the authority to enter
16into a written agreement with the Department of Revenue for
17pursuit of civil liability under subsection (E) of Section
1817-1 of the Criminal Code of 2012 against persons who have
19issued to the Department checks or other orders in violation
20of the provisions of paragraph (1) of subsection (B) of
21Section 17-1 of the Criminal Code of 2012, with the Department
22to retain the amount owing upon the dishonored check or order
23along with the dishonored check fee imposed under the Uniform
24Penalty and Interest Act, with the balance of damages, fees,
25and costs collected under subsection (E) of Section 17-1 of
26the Criminal Code of 2012 or under Section 17-1a of that Code

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1to be retained by the State's Attorney. The agreement shall
2not affect the allocation of fines and costs imposed in any
3criminal prosecution.
4 (f) In a county with less than 2,000,000 inhabitants, and
5only upon receipt of a written request by the superintendent
6of the county or multi-county Veterans Assistance Commission
7for the county in which the State's Attorney is located, the
8State's Attorney shall have the discretionary authority to
9render an opinion, without fee or reward, upon any question of
10law relating to a matter in which the county or multi-county
11Veterans Assistance Commission may be concerned. The State's
12Attorney shall have the discretion to grant or decline such a
13request.
14(Source: P.A. 101-275, eff. 8-9-19; 102-56, eff. 7-9-21.)
15 (55 ILCS 5/5-2006) (from Ch. 34, par. 5-2006)
16 Sec. 5-2006. Tax for Veterans Assistance Commission. The
17county board of each county having a population of less than 3
18million in which there is a Veterans Assistance Commission or
19which is a part of a multi-county Veterans Assistance
20Commission as provided in Section 9 of the Military Veterans
21Assistance Act may levy a tax of not to exceed .03% of the
22assessed value annually on all taxable property of the county,
23for the purpose of providing assistance to military veterans
24and their families pursuant to such Act. Whenever not less
25than 10% of the electors of the county petition the county

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1board to levy the tax at not to exceed .04% of the assessed
2value, the county board shall certify the proposition to the
3proper election officials who shall submit the proposition at
4the next general election in accordance with the general
5election law. If a majority of the electors vote in favor of
6the proposition, the county board may, annually, levy the tax
7as authorized. The proceeds of any tax so levied shall be used
8exclusively for the assistance purposes authorized thereunder,
9and a portion thereof may be expended for the salaries of any
10officers or employees of the county or multi-county Veterans
11Assistance Commission, for the authorized reimbursement of any
12officer or employee of the county or multi-county Veterans
13Assistance Commission, as provided in Section 10 of the
14Military Veterans Assistance Act, or for any other expenses
15incident to the administration of such assistance.
16 The tax shall be separate from all other taxes which the
17county is authorized to levy on the aggregate valuation of the
18property within the county and shall not be included in any tax
19limitation of the rate upon which taxes are required to be
20extended, but shall be excluded therefrom and in addition
21thereto. The tax shall be levied and collected in like manner
22as the general taxes of the county, and, when collected, shall
23be paid into a special fund in the county treasury and used
24only as herein authorized, or disbursed from the county
25treasury of a county in which a properly organized county or
26multi-county Veterans Assistance Commission is authorized

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1under Section 3-11008 of this Code.
2 The limitations on tax rates herein provided may be
3increased or decreased under the referendum provisions of the
4General Revenue Law of Illinois.
5 If a county has levied the tax herein authorized or
6otherwise meets the conditions set out in Section 12-21.13 of
7the Illinois Public Aid Code, to qualify for State funds to
8supplement local funds for public purposes under Articles III,
9IV, V, VI, and IX of that Code and otherwise meets the
10conditions set out in Article XII of that Code for receipt of
11State aid, the Illinois Department of Human Services shall
12allocate and pay to the county such additional sums as it
13determines to be necessary to meet the needs of assistance to
14military veterans and their families in the county and
15expenses incident to the administration of such assistance. In
16counties where a county or multi-county Veterans Assistance
17Commission has been properly created, those County Veterans
18Assistance Commissions or Multi-County Veterans Assistance
19Commissions shall be in charge of the administration of such
20assistance provided under the Illinois Public Aid Code for
21military veterans and their families.
22(Source: P.A. 102-732, eff. 1-1-23; 102-1132, eff. 2-10-23.)
23 Section 10. The Illinois Public Aid Code is amended by
24changing Sections 12-3, 12-21.5, and 12-21.13 as follows:

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1 (305 ILCS 5/12-3) (from Ch. 23, par. 12-3)
2 Sec. 12-3. Local governmental units. As provided in
3Article VI, local governmental units shall provide funds for
4and administer the programs provided in that Article subject,
5where so provided, to the supervision of the Illinois
6Department. Local governmental units shall also provide the
7social services and utilize the rehabilitative facilities
8authorized in Article IX for persons served through Article
9VI, and shall discharge such other duties as may be required by
10this Code or other laws of this State.
11 In counties not under township organization, the county
12shall provide funds for and administer such programs.
13 In counties under township organization (including any
14such counties in which the governing authority is a board of
15commissioners) the various towns other than those towns lying
16entirely within the corporate limits of any city, village or
17incorporated town having a population of more than 500,000
18inhabitants shall provide funds for and administer such
19programs.
20 Cities, villages, and incorporated towns having a
21population of more than 500,000 inhabitants shall provide
22funds for public aid purposes under Article VI but the
23Department of Human Services shall administer the program for
24such municipality. For the fiscal year beginning July 1, 2003,
25however, the municipality shall decrease by $5,000,000 the
26amount of funds it provides for public aid purposes under

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1Article VI. For each fiscal year thereafter, the municipality
2shall decrease the amount of funds it provides for public aid
3purposes under Article VI in that fiscal year by an additional
4amount equal to (i) $5,000,000 or (ii) the amount provided by
5the municipality in the preceding fiscal year, whichever is
6less, until the municipality does not provide any funds for
7public aid purposes under Article VI.
8 Incorporated towns which have superseded civil townships
9shall provide funds for and administer the public aid program
10provided by Article VI.
11 In counties of less than 3 million population having a
12County Veterans Assistance Commission or a Multi-County
13Veterans Assistance Commission in which there has been levied
14a tax as authorized by Section 5-2006 of the Counties Code for
15the purpose of providing assistance to military veterans and
16their families, the County Veterans Assistance Commission or
17Multi-County Veterans Assistance Commission shall administer
18the programs provided by Article VI for such military veterans
19and their families as seek aid through the County Veterans
20Assistance Commission or Multi-County Veterans Assistance
21Commission.
22(Source: P.A. 92-111, eff. 1-1-02; 92-597, eff. 6-28-02.)
23 (305 ILCS 5/12-21.5) (from Ch. 23, par. 12-21.5)
24 Sec. 12-21.5. Veterans Assistance Commission as local
25governmental unit.

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1 In counties having less than 3 million inhabitants in
2which there is created a County Veterans Assistance Commission
3or a Multi-County Veterans Assistance Commission, the
4Superintendent of Veterans Assistance shall be selected and
5other employees appointed as provided in Section 10 of the
6Military Veterans Assistance Act and the compensation of the
7Superintendent and other employees shall be as therein
8provided.
9(Source: P.A. 87-796.)
10 (305 ILCS 5/12-21.13) (from Ch. 23, par. 12-21.13)
11 Sec. 12-21.13. Local funds required to qualify for state
12aid. To qualify for State funds to supplement local funds for
13public aid purposes, a local governmental unit shall, except
14as hereinafter provided, levy within the time that such levy
15is authorized to be made a tax of an amount which, when added
16to the unobligated balance available for such purposes at the
17close of the fiscal year preceding the fiscal year for which
18the tax is levied will equal .10% of the last known total
19equalized value of all taxable property in the governmental
20unit.
21 In a county of less than 3 million population in which
22there is created a County Veterans Assistance Commission or a
23Multi-County Veterans Assistance Commission, the county shall
24levy for assistance to military veterans and their families,
25within the time that such levy is authorized to be made, a tax

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1of an amount which, when added to the unobligated balance
2available for such purpose at the close of the preceding
3fiscal year will equal .02% of the last known assessed value of
4the taxable property in the county, or which will equal .03% of
5such assessed value if such higher amount is authorized by the
6electors of the county, as provided in Section 5-2006 of the
7Counties Code.
8 If, however, at the latest date in the year on which the
9aforesaid taxes are authorized to be levied there is in the
10unobligated balance of the local governmental unit an amount
11equal to .10%, or .02% in the case of Veterans' Assistance, of
12the last known total equalized value of all taxable property
13in the governmental unit, then no tax need be levied in that
14year in order for the local governmental unit to qualify for
15State funds.
16 In determining the amount of the unobligated balance which
17is to be applied in producing the required levy for receipt of
18State funds, or which is to be applied in determining whether a
19tax levy is required, there shall be deducted from the gross
20unobligated balance of funds available at the close of the
21preceding fiscal year the total amount of State funds
22allocated to the governmental unit during that year and the
23total amount of any monies transferred to a township's general
24town fund under Section 235-20 of the Township Code during
25that year, and only the remainder shall be considered in
26determining the amount of the deficiency needed to produce an

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1amount equal to the qualifying levy for the current year.
2(Source: P.A. 87-796; 88-670, eff. 12-2-94.)
3 Section 15. The Military Veterans Assistance Act is
4amended by changing Sections 1, 2, 4, 5, 8, 9, and 10 as
5follows:
6 (330 ILCS 45/1) (from Ch. 23, par. 3081)
7 Sec. 1. Definitions. As used in this Act:
8 "Commission" means a county Veterans Assistance Commission
9or a multi-county Veterans Assistance Commission, or both,
10unless the context requires a different meaning.
11 "Member county" means any county that is served by a
12multi-county Veterans Assistance Commission established in
13accordance with subsection (a-1) of Section 9.
14 "Veteran service organization" means a post, ship, camp,
15chapter, or detachment of a congressionally chartered or state
16chartered organization that (i) is formed by and for veterans,
17(ii) has a paid membership of at least 15 individuals, and
18(iii) provides responsible aid, assistance, or services to the
19veteran community.
20 "Administrator of military veterans assistance" means the
21commanders of the various veteran service organizations, the
22superintendent of a County Veterans Assistance Commission, or
23other persons whose duty it is, under the existing statutes,
24to care for, relieve or maintain, wholly or in part, any person

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1who may be entitled to such assistance under the statutes of
2the State of Illinois. This Act shall not infringe upon the
3mandated powers and authorities vested in the Illinois
4Department of Veterans' Affairs.
5(Source: P.A. 102-732, eff. 1-1-23; 102-1132, eff. 2-10-23.)
6 (330 ILCS 45/2) (from Ch. 23, par. 3082)
7 Sec. 2. The purpose of this Act is, in part, to provide, in
8accordance with this Section, just and necessary assistance
9and services to military veterans who served in the Armed
10Forces of the United States and whose last discharge from the
11service was honorable or general under honorable conditions,
12to their families, and to the families of deceased veterans
13with service who need such assistance and services. The
14following actions shall be taken in support of that purpose:
15 (1) The supervisor of general assistance or the county
16 board shall provide such sums of money as may be just and
17 necessary to be drawn by the commander, quartermaster or
18 commandant of any veterans service organization, in the
19 city or town, or the superintendent of any county or
20 multi-county Veterans' Assistance Commission of the
21 county, upon the recommendation of the assistance
22 committee of that veterans service organization or county
23 or multi-county Veterans' Assistance Commission.
24 (A) Funding for county and multi-county Veterans
25 Assistance Commissions may be derived from 3 sources,

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1 if applicable:
2 (i) a tax levied under Section 5-2006 of the
3 Counties Code and Section 12-21.13 of the Illinois
4 Public Aid Code;
5 (ii) funds from the county general corporate
6 fund or, in the case of a multi-county Veterans
7 Assistance Commission, from the county general
8 corporate fund of each member county; and
9 (iii) State funds from the Department of Human
10 Services.
11 (B) The minimum amount to be provided annually to
12 county and multi-county Veterans Assistance
13 Commissions is provided in Section 12-21.13 of the
14 Illinois Public Aid Code, unless the delegates of the
15 County or Multi-County Veterans Assistance Commission
16 determine that a lesser amount covers the just and
17 necessary sums.
18 (2) If any supervisor of general assistance or county
19 board fails or refuses after such recommendation to
20 provide just and necessary sums of money for such
21 assistance, then the veteran service organization or the
22 superintendent of any county or multi-county Veterans'
23 Assistance Commission located in the district of such
24 supervisor of general assistance or such county board
25 shall apply to the circuit court of the district or county
26 for relief by mandamus upon the supervisor of general

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1 assistance or county board requiring him, her or it to
2 pay, or to appropriate and pay such sums of money, and upon
3 proof made of the justice and necessity of the claim, the
4 circuit court shall grant the sums so requested.
5 (3) Such sums of money shall be drawn in the manner now
6 provided under Section 5-2006 of the Counties Code and
7 Section 12-21.13 of the Illinois Public Aid Code. Orders
8 of commanders, quartermasters, commandants, or
9 superintendents of those veterans service organizations or
10 those county or multi-county Veterans' Assistance
11 Commissions shall be proper warrants for the expenditure
12 of such sums of money.
13(Source: P.A. 102-732, eff. 1-1-23; 102-1132, eff. 2-10-23.)
14 (330 ILCS 45/4) (from Ch. 23, par. 3084)
15 Sec. 4. Upon the taking effect of this Act, the commander
16of any veteran service organization or any properly created
17county or multi-county Veterans Assistance Commission, which
18shall undertake the assistance of military veterans and their
19families, as hereinbefore provided, before the acts of the
20commander, quartermaster, or commandant shall be operative in
21any city or town, shall file with the city clerk of such city
22or town clerk of such town, or administrator of military
23veterans assistance of such town or county, a notice that said
24veteran service organization or county or multi-county
25Veterans Assistance Commission intends to undertake such

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1assistance as is provided by this Act, and such notice shall
2contain the names of the assistance committee of the veteran
3service organization or county or multi-county Veterans
4Assistance Commission in such city or town, and the commander
5and other officers of said veteran service organization or
6county or multi-county Veterans Assistance Commission. And the
7commander of the veteran service organization or county or
8multi-county Veterans Assistance Commission shall annually
9thereafter, during the month of October, file a similar notice
10with the city or town clerk, or the administrator of military
11veterans assistance, also a detailed statement of the amount
12of assistance furnished during the preceding year, with the
13names of all persons to whom such assistance shall have been
14furnished, together with a brief statement in such case from
15the assistance committee upon whose recommendation the orders
16were drawn. Any person who fails or neglects so to do at the
17time required by this Act shall be guilty of a petty offense
18and fined $250 to be recovered in the name of the county in the
19circuit court.
20(Source: P.A. 102-732, eff. 1-1-23.)
21 (330 ILCS 45/5) (from Ch. 23, par. 3085)
22 Sec. 5. The auditing board of any city or town or county
23auditor, or the administrator of military veterans assistance
24of any city, town, or county, may require of the commander,
25quartermaster, or commandant of any veteran service

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1organization, or superintendent of any properly organized
2county or multi-county Veterans Assistance Commission,
3undertaking such assistance in any city or town, a bond with
4sufficient and satisfactory sureties for the faithful and
5honest discharge of their duties under this Act.
6(Source: P.A. 102-732, eff. 1-1-23.)
7 (330 ILCS 45/8) (from Ch. 23, par. 3088)
8 Sec. 8. The commander, quartermaster, or commandant of any
9veteran service organization or the superintendent of any
10county or multi-county Veterans' Assistance Commission of
11Illinois shall annually report to the Governor, on or before
12the first day of January of each year, such portions of the
13transactions of the aforementioned veteran service
14organization or county or multi-county Veterans Assistance
15Commission relating thereto as the commander or superintendent
16may deem to be of interest to that organization and the people
17of the State. A copy of that report shall be provided to the
18president or chairperson of the county board and shall be made
19publicly available online.
20(Source: P.A. 102-732, eff. 1-1-23; 102-1132, eff. 2-10-23.)
21 (330 ILCS 45/9) (from Ch. 23, par. 3089)
22 Sec. 9. Veterans Assistance Commission.
23 (a) In counties having 2 or more veteran service
24organizations as may be recognized by law, the veteran service

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1organizations may come together to form a Veterans Assistance
2Commission of such county.
3 (a-1) Beginning on and after the effective date of this
4amendatory Act of the 104th General Assembly, veteran service
5organizations located in 2 or more adjacent counties having a
6population of 60,000 or less may enter into an agreement to
7come together and jointly form a multi-county Veterans
8Assistance Commission to serve the adjacent counties in
9accordance with this Act. A multi-county Veterans Assistance
10Commission may also be formed under an agreement between an
11existing county Veterans Assistance Commission and a veteran
12service organization located in an adjacent county that is
13without a veterans assistance commission and has a population
14of 60,000 or less. An agreement to form and maintain a
15multi-county Veterans Assistance Commission shall be in
16accordance with this Act and shall set forth the following:
17(i) the distribution of funding with respect to each member
18county as provided in Section 2; (ii) the location of the
19Commission's office; (iii) the type of services provided; (iv)
20the superintendent selection or appointment process; (v)
21Commission rules and policies including those provided in
22subsection (g-5); and (vi) the composition of delegates and
23alternates on the Commission. Multi-county Veterans Assistance
24Commissions shall have the same powers and duties under this
25Act as county Veterans Assistance Commissions, including
26powers and duties provided under Sections 2 and 9 and those

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1powers and duties set out in the terms of the agreement
2establishing the multi-county Veterans Assistance Commission.
3 (a-5) The county or multi-county Veterans Assistance
4Commission of such county may act as the central service
5office for all veterans and their families and for the
6families of deceased veterans. The Commission shall be
7composed of delegates and alternates from a majority of such
8veteran service organizations selected annually as determined
9by each veteran service organization located within the county
10or within the respective member counties. When so organized a
11Commission shall be clothed with all the powers and may be
12charged with all the duties theretofore devolving upon the
13different veteran service organizations within the county or
14member counties as provided in Section 2.
15 (1) Every January 1, all county and multi-county
16 Veterans Assistance Commissions shall publish a notice to
17 each veteran service organization within their respective
18 county or member counties calling on them to select
19 delegates and alternates for the county or multi-county
20 that county's Veterans Assistance Commission by the
21 methods provided in this subsection. The Veterans
22 Assistance Commissions shall allow each veteran service
23 organization until March 1 to respond, at which time those
24 selected and duly appointed delegates and alternates shall
25 begin their term of office with full voting rights. Once
26 selected, delegates and alternates are bound by the Public

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1 Officer Prohibited Activities Act.
2 (2) Except as provided in paragraph (3), veteran
3 service organizations shall be permitted to select one
4 delegate and one alternate.
5 (3) In counties with 5 or more of the same veteran
6 service organizations, all the constituent veteran service
7 organizations shall be permitted to select up to 5
8 delegates and 5 alternates to represent that veteran
9 service organization instead of each constituent veteran
10 service organization selecting one delegate and one
11 alternate. For the purposes of meeting the majority
12 requirement of this subsection, when the constituent
13 groups of a veteran service organization choose to select
14 those delegates and alternates, those selected and duly
15 appointed delegates and alternates shall represent the
16 aggregate percentage of the constituent groups.
17 (4) Except as provided in an agreement establishing a
18 multi-county Veterans Assistance Commission under
19 subsection (a-1), if If a veteran service organization
20 serves more than one county, then it shall be permitted to
21 select one delegate and one alternate for the Veterans
22 Assistance Commission in each county in which at least 25%
23 of its members reside.
24 (5) All undertakings of, or actions taken by, the
25 Commission shall require a vote from a majority of the
26 full commission membership. No committee or other subgroup

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1 of delegates and alternates formed by the Commission,
2 whether selected or appointed, may be granted the power or
3 authority to act in the place of or on behalf of the full
4 body of the duly selected or appointed Commission
5 membership.
6 (6) No superintendent or any other employee of the
7 county or multi-county Veterans Assistance Commission may
8 retain the position of delegate or alternate or any voting
9 rights while employed by the Veterans Assistance
10 Commission.
11 (7) No committee or other subgroup of delegates and
12 alternates formed by the Commission, whether selected or
13 appointed, may bar any other duly appointed Commission
14 member from attending or otherwise being present during
15 any closed meetings or sessions of that committee or
16 group.
17 (8) The county or member counties may, at its
18 discretion, appoint a representative to the Commission who
19 may attend any public meeting of the Commission. That
20 representative shall be a veteran, may not have voting
21 rights, may not hold any office or title on the
22 Commission, and may not be present during any nonpublic
23 meeting of the Commission, except as authorized in this
24 Act. For matters of executive session, the non-voting
25 county appointee may attend meetings that are closed in
26 accordance with paragraphs (1), (3), (5), (6), or (11) of

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1 subsection (c) of Section 2 of the Open Meetings Act for
2 litigation matters not relating to litigation between the
3 Commission and the county or member counties County.
4 (b) The Commission and its selected or appointed
5superintendent shall have oversight of the distribution of all
6moneys and supplies appropriated for the benefit of military
7veterans and their families, subject to such rules,
8regulations, administrative procedures or audit reviews as are
9required by this Act and as are necessary as approved by the
10Commission to carry out the spirit and intent of this Act. No
11warrant authorized under this Act may be issued for the
12payment of money without the presentation of an itemized
13statement or claim, approved by the superintendent of the
14Commission.
15 (c) The superintendent of the county or multi-county
16Veterans Assistance Commission, selected, appointed, or hired
17by the Commission is an at-will employee who shall be
18answerable to, and shall report to, the Commission.
19 (d) The superintendent shall be evaluated annually and a
20written report shall be generated. A copy of the report from
21the evaluation shall be provided to the entire Commission
22membership.
23 (e) A superintendent may be removed from office if, after
24delegates from no less than 3 different veteran service
25organizations file a written request calling for the
26superintendent's removal, there is a vote from a majority of

HB1352- 25 -LRB104 06044 KTG 16077 b
1the full Commission membership in favor of such removal.
2 (f) Each county and multi-county Veterans Assistance
3Commission shall establish and maintain bylaws that outline
4the framework, policies, and procedures for conducting the
5business of the Commission and for the rules and regulations
6that apply to its members. Those bylaws shall reflect
7compliance with all relevant laws at the time they are
8established and shall be revised as necessary to remain in
9compliance with current law. The establishment of those
10bylaws, and any revisions thereafter, shall require a minimum
11two-thirds majority vote of approval from a majority of the
12full Commission membership.
13 (g) Each county Veterans Assistance Commission shall, in
14writing, adopt all applicable policies already established and
15in place in its respective county, including, but not limited
16to, policies related to compensation, employee rights, ethics,
17procurement, and budget, and shall adapt those policies to fit
18its organizational structure. Those policies shall then be
19considered the policies of the county Veterans Assistance
20Commission and they shall be implemented and adhered to,
21accordingly, by the superintendent and by the Commission. The
22Commission shall amend its adopted policies whenever a county
23board amends an applicable policy within 60 days of the county
24board amendment.
25 (g-5) Each multi-county Veterans Assistance Commission
26shall, in writing, adopt policies related to compensation,

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1employee rights, ethics, procurement, and budget that fit the
2Commission's organizational structure. Those policies shall
3then be considered the policies of the multi-county Veterans
4Assistance Commission and they shall be implemented and
5adhered to, accordingly, by the superintendent and by the
6Commission. The agreement establishing the multi-county
7Veterans Assistance Commission, as provided in subsection
8(a-1), shall set forth a process for reviewing and amending
9Commission policies.
10 (h) No warrant authorized under this Act may be issued for
11the payment of money without the presentation of an itemized
12statement or claim, approved by the superintendent of the
13Commission and reported to the full Commission membership.
14 (i) Each county and multi-county Veterans Assistance
15Commission shall perform an annual audit in accordance with
16the Governmental Account Audit Act using either the auditing
17services provided by its respective county or one of its
18member counties or the services of an independent auditor
19whose services shall be paid for by the Commission. A copy of
20that audit report shall be provided to the president or
21chairperson of the county board or, in the case of a
22multi-county Veterans Assistance Commission, the president or
23chairperson of each county board of those counties served by
24the Commission.
25 (j) County Veterans Assistance Commissions, multi-county
26Veterans Assistance Commissions, and county boards subject to

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1this Act shall cooperate fully with the boards, commissions,
2agencies, departments, and institutions of the State. The
3funds held and made available by the county or member
4counties, the State, or any other source shall be subject to
5financial and compliance audits in accordance with the
6Illinois State Auditing Act.
7 (k) The county or multi-county Veterans Assistance
8Commission shall be in charge of the administration of any
9benefits provided under Articles VI and IX of the Illinois
10Public Aid Code for military veterans and their families.
11 (l) The county or multi-county Veterans Assistance
12Commission shall represent veterans in their application for
13or attempts to obtain benefits and services through State and
14federal agencies, including representing veterans in their
15appeals of adverse decisions.
16 (m) The superintendent of the county or multi-county
17Veterans Assistance Commission and its employees must comply
18with the procedures and regulations adopted by the county or
19multi-county Veterans Assistance Commission and the
20regulations of the Department of Human Services.
21 (n) To further the intent of this Act of assisting
22military veterans, this Act is to be construed so that the
23county or multi-county Veterans Assistance Commission shall
24provide needed services to eligible veterans.
25(Source: P.A. 102-484, eff. 8-20-21; 102-732, eff. 1-1-23;
26102-1132, eff. 2-10-23.)

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1 (330 ILCS 45/10) (from Ch. 23, par. 3090)
2 Sec. 10. Superintendents and counties.
3 (a) The executive powers of the county or multi-county
4Veterans Assistance Commission shall be vested in a
5superintendent selected or appointed by a vote from a majority
6of the full Commission membership and who shall have received
7an honorable discharge from the armed forces of the United
8States.
9 (b) Superintendent vacancies shall be filled, whether
10long-term or temporarily, at the next regularly scheduled full
11Commission meeting or within 30 days at a specially convened
12meeting, whichever comes sooner, and shall be selected by a
13vote from a majority of the full Commission membership.
14 (c) Any individual who may be tasked with assuming the
15duties of or may be vested with the executive powers of a
16superintendent, whether as acting or interim superintendent,
17must be selected or appointed by a vote from a majority of the
18full Commission membership and must have received an honorable
19discharge from the armed forces of the United States.
20 (d) The designated superintendent of a county the Veterans
21Assistance Commission of the county shall, under the direction
22of the Commission, have charge of and maintain an office in the
23county building or a central location within the county, to be
24used solely by the Commission for providing the just,
25necessary, and needed services mandated by law. The designated

HB1352- 29 -LRB104 06044 KTG 16077 b
1superintendent of a multi-county Veterans Assistance
2Commission shall, under the direction of the Commission, have
3charge of and maintain an office as set forth in the agreement
4establishing the Commission as provided in subsection (a-1) of
5Section 9.
6 (e) The county or member counties served by a Commission
7shall provide for the funding of the office and provide all
8necessary furnishings, supplies, and services as passed by the
9county board or the county boards of the respective member
10counties in its or their annual appropriation, and the county
11or member counties shall provide or fund services, including,
12but not limited to, human resources and payroll support;
13information technology services and equipment; telephone
14services and equipment; printing services and equipment;
15postage costs; and liability insurance. Any litigation or
16legal settlement that has a financial impact to the county or
17one of the member counties is subject to the approval of the
18respective county board.
19 (f) The county or member counties served by a Commission
20shall also provide to the employees of the Commission all
21benefits available to county employees, including, but not
22limited to, benefits offered through the Illinois Municipal
23Retirement Fund or any other applicable county retirement
24fund; health, life, and dental insurance; and workers
25compensation insurance. Employer contributions and costs for
26these benefits, services, and coverages may come from

HB1352- 30 -LRB104 06044 KTG 16077 b
1Commission funds. Counties not currently providing benefits to
2Commission employees must comply with this subsection within
390 days after the effective date of this amendatory Act of the
4102nd General Assembly.
5 (g) The county board shall, in any county where a county or
6multi-county Veterans Assistance Commission is organized or
7maintained, in addition to sums appropriated for these just,
8necessary, and needed services as provided by law and approved
9by the Commission under this Act, appropriate such additional
10sums, upon recommendation of the county or multi-county
11Veterans Assistance Commission, to properly compensate, in
12accordance with the requirements of subsections subsection (g)
13and (g-5) of Section 9 and subsection (e) of this Section, the
14officers and employees required to administer such assistance.
15The county board shall also provide funds to the Commission to
16reimburse the superintendent, officers, delegates and
17employees for certain expenses which are approved by the
18Commission. The superintendent and other employees shall be
19employees of the county or multi-county Veterans Assistance
20Commission, and no provision in this Section or elsewhere in
21this Act shall be construed to mean that they are employees of
22the county or any member county.
23 (h) Superintendents, subject to rules formulated by the
24Commission, shall select, as far as possible, Veteran Service
25Officers and other employees from among military veterans,
26including those who have served or may still be serving as

HB1352- 31 -LRB104 06044 KTG 16077 b
1members of the Illinois National Guard or a reserve component
2of the armed forces of the United States, who did not receive a
3bad conduct or dishonorable discharge or other equivalent
4discharge thereof, or their spouses, surviving spouses, or
5children. Employees of the Commission shall be at-will
6employees.
7 (i) In a county with less than 2,000,000 inhabitants, the
8superintendent may, in conformance with subsection (f) of
9Section 3-9005 of the Counties Code, request from the State's
10Attorney serving the county in which the county or
11multi-county Veterans Assistance Commission is located or
12maintained, an opinion upon any question of law relating to a
13matter in which the county or multi-county Veterans Assistance
14Commission may be concerned. With regard to matters involving
15Section 8 or 9 or subsection (a), (b), or (c) of Section 10,
16the State's Attorney shall confer with the Office of the
17Attorney General before rendering an opinion.
18 (j) Superintendents of all counties subject to this Act,
19when required by the Commission, shall give bond in the sum of
20$2,000 for the faithful performance of their duties.
21 (k) All persons selected or appointed to fill positions
22provided for in this Section shall be exempt from the
23operation and provisions of any civil service act or laws of
24this State, and the secretary of the Commission shall be
25appointed by the superintendent.
26(Source: P.A. 102-56, eff. 7-9-21; 102-732, eff. 1-1-23;

HB1352- 32 -LRB104 06044 KTG 16077 b
1102-1132, eff. 2-10-23.)
2 Section 20. The Drug Court Treatment Act is amended by
3changing Section 30 as follows:
4 (730 ILCS 166/30)
5 Sec. 30. Mental health and substance use disorder
6treatment.
7 (a) The drug court program shall maintain a network of
8substance use disorder treatment programs representing a
9continuum of graduated substance use disorder treatment
10options commensurate with the needs of the participant.
11 (b) Any substance use disorder treatment program to which
12participants are referred must hold a valid license from the
13Department of Human Services Division of Substance Use
14Prevention and Recovery, use evidence-based treatment, and
15deliver all services in accordance with 77 Ill. Adm. Code
162060, including services available through the United States
17Department of Veterans Affairs, the Illinois Department of
18Veterans' Affairs, a county or multi-county or Veterans
19Assistance Commission, or an equivalent standard in any other
20state where treatment may take place.
21 (c) The drug court program may, at its discretion, employ
22additional services or interventions, as it deems necessary on
23a case by case basis.
24 (d) The drug court program may maintain or collaborate

HB1352- 33 -LRB104 06044 KTG 16077 b
1with a network of mental health treatment programs
2representing a continuum of treatment options commensurate
3with the needs of the participant and available resources,
4including programs with the State and community-based programs
5supported and sanctioned by the State. Partnerships with
6providers certified as mental health or behavioral health
7centers shall be prioritized when possible.
8(Source: P.A. 102-1041, eff. 6-2-22.)
9 Section 25. The Veterans and Servicemembers Court
10Treatment Act is amended by changing Section 10 as follows:
11 (730 ILCS 167/10)
12 Sec. 10. Definitions. In this Act:
13 "Certification" means the process by which a
14problem-solving court obtains approval from the Supreme Court
15to operate in accordance with the Problem-Solving Court
16Standards.
17 "Clinical treatment plan" means an evidence-based,
18comprehensive, and individualized plan that: (i) is developed
19by a qualified professional in accordance with the Department
20of Human Services substance use prevention and recovery rules
21under 77 Ill. Adm. Code 2060 or an equivalent standard in any
22state where treatment may take place; and (ii) defines the
23scope of treatment services to be delivered by a court
24treatment provider.

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1 "Combination Veterans and Servicemembers court program"
2means a type of problem-solving court that allows an
3individual to enter a problem-solving court before a plea,
4conviction, or disposition while also permitting an individual
5who has admitted guilt, or been found guilty, to enter a
6problem-solving court as a part of the individual's sentence
7or disposition.
8 "Community behavioral health center" means a physical site
9where behavioral healthcare services are provided in
10accordance with the Community Behavioral Health Center
11Infrastructure Act.
12 "Community mental health center" means an entity:
13 (1) licensed by the Department of Public Health as a
14 community mental health center in accordance with the
15 conditions of participation for community mental health
16 centers established by the Centers for Medicare and
17 Medicaid Services; and
18 (2) that provides outpatient services, including
19 specialized outpatient services, for individuals who are
20 chronically mental ill.
21 "Co-occurring mental health and substance use disorders
22court program" means a program that includes an individual
23with co-occurring mental illness and substance use disorder
24diagnoses and professionals with training and experience in
25treating individuals with diagnoses of substance use disorder
26and mental illness.

HB1352- 35 -LRB104 06044 KTG 16077 b
1 "Court" means veterans and servicemembers court.
2 "IDVA" means the Illinois Department of Veterans' Affairs.
3 "Peer recovery coach" means a veteran mentor as defined
4nationally by Justice for Vets and assigned to a veteran or
5servicemember during participation in a veteran treatment
6court program who has been approved by the court, and trained
7according to curriculum recommended by Justice for Vets, a
8service provider used by the court for substance use disorder
9or mental health treatment, a local service provider with an
10established peer recovery coach or mentor program not
11otherwise used by the court for treatment, or a Certified
12Recovery Support Specialist certified by the Illinois
13Certification Board. "Peer recovery coach" includes
14individuals with lived experiences of the issues the
15problem-solving court seeks to address, including, but not
16limited to, substance use disorder, mental illness, and
17co-occurring disorders or involvement with the criminal
18justice system. "Peer recovery coach" includes individuals
19required to guide and mentor the participant to successfully
20complete assigned requirements and to facilitate participants'
21independence for continued success once the supports of the
22court are no longer available to them.
23 "Post-adjudicatory veterans and servicemembers court
24program" means a program that allows a defendant who has
25admitted guilt or has been found guilty and agrees, with the
26defendant's consent, and the approval of the court, to enter a

HB1352- 36 -LRB104 06044 KTG 16077 b
1veterans and servicemembers court program as part of the
2defendant's sentence or disposition.
3 "Pre-adjudicatory veterans and servicemembers court
4program" means a program that allows the defendant, with the
5defendant's consent and the approval of the court, to enter
6the Veterans and Servicemembers Court program before plea,
7conviction, or disposition and requires successful completion
8of the Veterans and Servicemembers Court programs as part of
9the agreement.
10 "Problem-Solving Court Standards" means the statewide
11standards adopted by the Supreme Court that set forth the
12minimum requirements for the planning, establishment,
13certification, operation, and evaluation of all
14problem-solving courts in this State.
15 "Servicemember" means a person who is currently serving in
16the Army, Air Force, Marines, Navy, or Coast Guard on active
17duty, reserve status or in the National Guard.
18 "VA" means the United States Department of Veterans'
19Affairs.
20 "VAC" means a county veterans assistance commission or a
21multi-county veterans assistance commission as provided in
22Section 9 of the Military Veterans Assistance Act.
23 "Validated clinical assessment" means a validated
24assessment tool administered by a qualified clinician to
25determine the treatment needs of participants. "Validated
26clinical assessment" includes assessment tools required by

HB1352- 37 -LRB104 06044 KTG 16077 b
1public or private insurance.
2 "Veteran" means a person who previously served as an
3active servicemember.
4 "Veterans and servicemembers court professional" means a
5member of the veterans and servicemembers court team,
6including, but not limited to, a judge, prosecutor, defense
7attorney, probation officer, coordinator, treatment provider.
8 "Veterans and servicemembers court", "veterans and
9servicemembers court program", "court", or "program" means a
10specially designated court, court calendar, or docket
11facilitating intensive therapeutic treatment to monitor and
12assist veteran or servicemember participants with substance
13use disorder, mental illness, co-occurring disorders, or other
14assessed treatment needs of eligible veteran and servicemember
15participants and in making positive lifestyle changes and
16reducing the rate of recidivism. Veterans and servicemembers
17court programs are nonadversarial in nature and bring together
18substance use disorder professionals, mental health
19professionals, VA professionals, local social programs, and
20intensive judicial monitoring in accordance with the
21nationally recommended 10 key components of veterans treatment
22courts and the Problem-Solving Court Standards. Common
23features of a veterans and servicemembers court program
24include, but are not limited to, a designated judge and staff;
25specialized intake and screening procedures; coordinated
26treatment procedures administered by a trained,

HB1352- 38 -LRB104 06044 KTG 16077 b
1multidisciplinary professional team; close evaluation of
2participants, including continued assessments and modification
3of the court requirements and use of sanctions, incentives,
4and therapeutic adjustments to address behavior; frequent
5judicial interaction with participants; less formal court
6process and procedures; voluntary participation; and a low
7treatment staff-to-client ratio.
8(Source: P.A. 102-1041, eff. 6-2-22.)
9 Section 30. The Mental Health Court Treatment Act is
10amended by changing Section 30 as follows:
11 (730 ILCS 168/30)
12 Sec. 30. Mental health and substance use disorder
13treatment.
14 (a) The mental health court program may maintain or
15collaborate with a network of mental health treatment programs
16and, if it is a co-occurring mental health and substance use
17disorders court program, a network of substance use disorder
18treatment programs representing a continuum of treatment
19options commensurate with the needs of participants and
20available resources.
21 (b) Any substance use disorder treatment program to which
22participants are referred must hold a valid license from the
23Department of Human Services Division of Substance Use
24Prevention and Recovery, use evidence-based treatment, and

HB1352- 39 -LRB104 06044 KTG 16077 b
1deliver all services in accordance with 77 Ill. Adm. Code
22060, including services available through the United States
3Department of Veterans Affairs, the Illinois Department of
4Veterans Affairs, or a county or multi-county the Veterans
5Assistance Commission, or an equivalent standard in any other
6state where treatment may take place.
7 (c) The mental health court program may, at its
8discretion, employ additional services or interventions, as it
9deems necessary on a case by case basis.
10(Source: P.A. 102-1041, eff. 6-2-22.)
11 Section 99. Effective date. This Act takes effect upon
12becoming law.

HB1352- 40 -LRB104 06044 KTG 16077 b
1 INDEX
2 Statutes amended in order of appearance