|
(B) Trends in emergency room utilization related |
to drug overdose and the cost impact of emergency room |
utilization. |
(C) Trends in utilization of pre-hospital and |
emergency services and the cost impact of emergency |
services utilization. |
(D) Suggested improvements in data collection. |
(E) A description of other interventions effective |
in reducing the rate of fatal or nonfatal drug |
overdose. |
(F) A description of efforts undertaken to educate |
the public about unused medication and about how to |
properly dispose of unused medication, including the |
number of registered collection receptacles in this |
State, mail-back programs, and drug take-back events. |
(G) An inventory of the State's substance use |
disorder treatment capacity, including, but not |
limited to: |
(i) The number and type of licensed treatment |
programs in each geographic area of the State. |
(ii) The availability of medication-assisted |
treatment at each licensed program and which types |
of medication-assisted treatment are available. |
(iii) The number of recovery homes that accept |
individuals using medication-assisted treatment in |
their recovery. |
|
(iv) The number of medical professionals |
currently authorized to prescribe buprenorphine |
and the number of individuals who fill |
prescriptions for that medication at retail |
pharmacies as prescribed. |
(v) Any partnerships between programs licensed |
by the Department and other providers of |
medication-assisted treatment. |
(vi) Any challenges in providing |
medication-assisted treatment reported by programs |
licensed by the Department and any potential |
solutions. |
(b) Programs; drug overdose prevention. |
(1) The Department may establish a program to provide |
for the production and publication, in electronic and |
other formats, of drug overdose prevention, recognition, |
and response literature. The Department may develop and |
disseminate curricula for use by professionals, |
organizations, individuals, or committees interested in |
the prevention of fatal and nonfatal drug overdose, |
including, but not limited to, drug users, jail and prison |
personnel, jail and prison inmates, drug treatment |
professionals, emergency medical personnel, hospital |
staff, families and associates of drug users, peace |
officers, firefighters, public safety officers, needle |
exchange program staff, and other persons. In addition to |
|
information regarding drug overdose prevention, |
recognition, and response, literature produced by the |
Department shall stress that drug use remains illegal and |
highly dangerous and that complete abstinence from illegal |
drug use is the healthiest choice. The literature shall |
provide information and resources for substance use |
disorder treatment. |
The Department may establish or authorize programs for |
prescribing, dispensing, or distributing opioid |
antagonists for the treatment of drug overdose. Such |
programs may include the prescribing of opioid antagonists |
for the treatment of drug overdose to a person who is not |
at risk of opioid overdose but who, in the judgment of the |
health care professional, may be in a position to assist |
another individual during an opioid-related drug overdose |
and who has received basic instruction on how to |
administer an opioid antagonist. |
(2) The Department may provide advice to State and |
local officials on the growing drug overdose crisis, |
including the prevalence of drug overdose incidents, |
programs promoting the disposal of unused prescription |
drugs, trends in drug overdose incidents, and solutions to |
the drug overdose crisis. |
(3) The Department may support drug overdose |
prevention, recognition, and response projects by |
facilitating the acquisition of opioid antagonist |
|
medication approved for opioid overdose reversal, |
facilitating the acquisition of opioid antagonist |
medication approved for opioid overdose reversal, |
providing trainings in overdose prevention best practices, |
connecting programs to medical resources, establishing a |
statewide standing order for the acquisition of needed |
medication, establishing learning collaboratives between |
localities and programs, and assisting programs in |
navigating any regulatory requirements for establishing or |
expanding such programs. |
(4) In supporting best practices in drug overdose |
prevention programming, the Department may promote the |
following programmatic elements: |
(A) Training individuals who currently use drugs |
in the administration of opioid antagonists approved |
for the reversal of an opioid overdose. |
(B) Directly distributing opioid antagonists |
approved for the reversal of an opioid overdose rather |
than providing prescriptions to be filled at a |
pharmacy. |
(C) Conducting street and community outreach to |
work directly with individuals who are using drugs. |
(D) Employing community health workers or peer |
recovery specialists who are familiar with the |
communities served and can provide culturally |
competent services. |
|
(E) Collaborating with other community-based |
organizations, substance use disorder treatment |
centers, or other health care providers engaged in |
treating individuals who are using drugs. |
(F) Providing linkages for individuals to obtain |
evidence-based substance use disorder treatment. |
(G) Engaging individuals exiting jails or prisons |
who are at a high risk of overdose. |
(H) Providing education and training to |
community-based organizations who work directly with |
individuals who are using drugs and those individuals' |
families and communities. |
(I) Providing education and training on drug |
overdose prevention and response to emergency |
personnel and law enforcement. |
(J) Informing communities of the important role |
emergency personnel play in responding to accidental |
overdose. |
(K) Producing and distributing targeted mass media |
materials on drug overdose prevention and response, |
the potential dangers of leaving unused prescription |
drugs in the home, and the proper methods for |
disposing of unused prescription drugs. |
(c) Grants. |
(1) The Department may award grants, in accordance |
with this subsection, to create or support local drug |
|
overdose prevention, recognition, and response projects. |
Local health departments, correctional institutions, |
hospitals, universities, community-based organizations, |
and faith-based organizations may apply to the Department |
for a grant under this subsection at the time and in the |
manner the Department prescribes. Eligible grant |
activities include, but are not limited to, purchasing and |
distributing opioid antagonists, hiring peer recovery |
specialists or other community members to conduct |
community outreach, and hosting public health fairs or |
events to distribute opioid antagonists, promote harm |
reduction activities, and provide linkages to community |
partners. |
(2) In awarding grants, the Department shall consider |
the overall rate of opioid overdose, the rate of increase |
in opioid overdose, and racial disparities in opioid |
overdose experienced by the communities to be served by |
grantees. The Department shall encourage all grant |
applicants to develop interventions that will be effective |
and viable in their local areas. |
(3) (Blank). |
(3.5) Any hospital licensed under the Hospital |
Licensing Act or organized under the University of |
Illinois Hospital Act shall be deemed to have met the |
standards and requirements set forth in this Section to |
enroll in the drug overdose prevention program upon |
|
completion of the enrollment process except that proof of |
a standing order and attestation of programmatic |
requirements shall be waived for enrollment purposes. |
Reporting mandated by enrollment shall be necessary to |
carry out or attain eligibility for associated resources |
under this Section for drug overdose prevention projects |
operated on the licensed premises of the hospital and |
operated by the hospital or its designated agent. The |
Department shall streamline hospital enrollment for drug |
overdose prevention programs by accepting such deemed |
status under this Section in order to reduce barriers to |
hospital participation in drug overdose prevention, |
recognition, or response projects. |
(4) In addition to moneys appropriated by the General |
Assembly, the Department may seek grants from private |
foundations, the federal government, and other sources to |
fund the grants under this Section and to fund an |
evaluation of the programs supported by the grants. |
(d) Health care professional prescription of opioid |
antagonists. |
(1) A health care professional who, acting in good |
faith, directly or by standing order, prescribes or |
dispenses an opioid antagonist to: (a) a patient who, in |
the judgment of the health care professional, is capable |
of administering the drug in an emergency, or (b) a person |
who is not at risk of opioid overdose but who, in the |
|
judgment of the health care professional, may be in a |
position to assist another individual during an |
opioid-related drug overdose and who has received basic |
instruction on how to administer an opioid antagonist |
shall not, as a result of his or her acts or omissions, be |
subject to: (i) any disciplinary or other adverse action |
under the Medical Practice Act of 1987, the Physician |
Assistant Practice Act of 1987, the Nurse Practice Act, |
the Pharmacy Practice Act, or any other professional |
licensing statute or (ii) any criminal liability, except |
for willful and wanton misconduct. |
(1.5) Notwithstanding any provision of or requirement |
otherwise imposed by the Pharmacy Practice Act, the |
Medical Practice Act of 1987, or any other law or rule, |
including, but not limited to, any requirement related to |
labeling, storage, or recordkeeping, a health care |
professional or other person acting under the direction of |
a health care professional may, directly or by standing |
order, obtain, store, and dispense an opioid antagonist to |
a patient in a facility that includes, but is not limited |
to, a hospital, a hospital affiliate, or a federally |
qualified health center if the patient information |
specified in paragraph (4) of this subsection is provided |
to the patient. A person acting in accordance with this |
paragraph shall not, as a result of his or her acts or |
omissions, be subject to: (i) any disciplinary or other |
|
adverse action under the Medical Practice Act of 1987, the |
Physician Assistant Practice Act of 1987, the Nurse |
Practice Act, the Pharmacy Practice Act, or any other |
professional licensing statute; or (ii) any criminal |
liability, except for willful and wanton misconduct. |
(2) A person who is not otherwise licensed to |
administer an opioid antagonist may in an emergency |
administer without fee an opioid antagonist if the person |
has received the patient information specified in |
paragraph (4) of this subsection and believes in good |
faith that another person is experiencing a drug overdose. |
The person shall not, as a result of his or her acts or |
omissions, be (i) liable for any violation of the Medical |
Practice Act of 1987, the Physician Assistant Practice Act |
of 1987, the Nurse Practice Act, the Pharmacy Practice |
Act, or any other professional licensing statute, or (ii) |
subject to any criminal prosecution or civil liability, |
except for willful and wanton misconduct. |
(3) A health care professional prescribing an opioid |
antagonist to a patient shall ensure that the patient |
receives the patient information specified in paragraph |
(4) of this subsection. Patient information may be |
provided by the health care professional or a |
community-based organization, substance use disorder |
program, or other organization with which the health care |
professional establishes a written agreement that includes |
|
a description of how the organization will provide patient |
information, how employees or volunteers providing |
information will be trained, and standards for documenting |
the provision of patient information to patients. |
Provision of patient information shall be documented in |
the patient's medical record or through similar means as |
determined by agreement between the health care |
professional and the organization. The Department, in |
consultation with statewide organizations representing |
physicians, pharmacists, advanced practice registered |
nurses, physician assistants, substance use disorder |
programs, and other interested groups, shall develop and |
disseminate to health care professionals, community-based |
organizations, substance use disorder programs, and other |
organizations training materials in video, electronic, or |
other formats to facilitate the provision of such patient |
information. |
(4) For the purposes of this subsection: |
"Opioid antagonist" means a drug that binds to opioid |
receptors and blocks or inhibits the effect of opioids |
acting on those receptors, including, but not limited to, |
naloxone hydrochloride or any other similarly acting drug |
approved by the U.S. Food and Drug Administration. |
"Health care professional" means a physician licensed |
to practice medicine in all its branches, a licensed |
physician assistant with prescriptive authority, a |
|
licensed advanced practice registered nurse with |
prescriptive authority, an advanced practice registered |
nurse or physician assistant who practices in a hospital, |
hospital affiliate, or ambulatory surgical treatment |
center and possesses appropriate clinical privileges in |
accordance with the Nurse Practice Act, or a pharmacist |
licensed to practice pharmacy under the Pharmacy Practice |
Act. |
"Patient" includes a person who is not at risk of |
opioid overdose but who, in the judgment of the physician, |
advanced practice registered nurse, or physician |
assistant, may be in a position to assist another |
individual during an overdose and who has received patient |
information as required in paragraph (2) of this |
subsection on the indications for and administration of an |
opioid antagonist. |
"Patient information" includes information provided to |
the patient on drug overdose prevention and recognition; |
how to perform rescue breathing and resuscitation; opioid |
antagonist dosage and administration; the importance of |
calling 911; care for the overdose victim after |
administration of the overdose antagonist; and other |
issues as necessary. |
(e) Drug overdose response policy. |
(1) Every State and local government agency that |
employs a law enforcement officer or fireman as those |
|
terms are defined in the Line of Duty Compensation Act |
must possess opioid antagonists and must establish a |
policy to control the acquisition, storage, |
transportation, and administration of such opioid |
antagonists and to provide training in the administration |
of opioid antagonists. A State or local government agency |
that employs a probation officer, as defined in Section 9b |
of the Probation and Probation Officers Act, or a fireman |
as defined in the Line of Duty Compensation Act but does |
not respond to emergency medical calls or provide medical |
services shall be exempt from this subsection. |
(2) Every publicly or privately owned ambulance, |
special emergency medical services vehicle, non-transport |
vehicle, or ambulance assist vehicle, as described in the |
Emergency Medical Services (EMS) Systems Act, that |
responds to requests for emergency services or transports |
patients between hospitals in emergency situations must |
possess opioid antagonists. |
(3) Entities that are required under paragraphs (1) |
and (2) to possess opioid antagonists may also apply to |
the Department for a grant to fund the acquisition of |
opioid antagonists and training programs on the |
administration of opioid antagonists. |
(Source: P.A. 101-356, eff. 8-9-19; 102-598, eff. 1-1-22.)
|
Section 10. The Pretrial Services Act is amended by |
|
changing Sections 1, 1.5, 2, 3, 4, 5, 8, 9, 10, 12, 13, 14, 15, |
17, 22, 24, 30, and 33 and by adding Sections 0.02, 0.03, and |
0.04 as follows:
|
(725 ILCS 185/0.02 new) |
Sec. 0.02. Definitions. In this Act: |
"Director" means the Director of the Office of Statewide |
Pretrial Services. |
"Local pretrial services" means a pretrial services other |
than the Office who is providing pretrial services. |
"Pretrial services" means any providing services to the |
circuit court as provided for in this Act, including the |
Office. |
"Office" means the Office of Statewide Pretrial Services.
|
(725 ILCS 185/0.03 new) |
Sec. 0.03. Office of Statewide Pretrial Services; |
establishment. There is established in the judicial branch of |
State government an office to be known as the Office of |
Statewide Pretrial Services. This office shall be under the |
supervision and direction of a Director who shall be appointed |
by a vote of a majority of the Illinois Supreme Court Justices |
for a 4-year term and until a successor is appointed and |
qualified. The Director shall adopt rules, instructions, and |
orders, consistent with this Act, further defining the |
organization of this office and the duties of its employees. |
|
The Illinois Supreme Court shall approve or modify an |
operational budget submitted to it by the Office of Statewide |
Pretrial Services and set the number of employees each year.
|
(725 ILCS 185/0.04 new) |
Sec. 0.04. Powers and duties. |
(a) The Office shall provide pretrial services as provided |
in Section 7 to circuit courts or counties without existing |
pretrial services agencies. |
(b) The Office shall develop, establish, adopt, and |
enforce uniform standards for pretrial services in this State. |
(c) The Office may: |
(1) hire and train State employed pretrial personnel; |
(2) establish qualifications for pretrial officers as |
to hiring, promotion, and training; |
(3) establish a system of training and orientation for |
local pretrial services agencies; |
(4) Develop standards and approve employee |
compensation schedules for local pretrial services |
agencies; |
(5) establish a system of uniform forms; |
(6) develop standards for a system of recordkeeping |
for local pretrial services agencies; |
(7) gather statistics and develop research for |
planning of pretrial services in Illinois; |
(8) establish a means of verifying the conditions for |
|
reimbursement under this Act for local pretrial services |
agencies and develop criteria for approved costs for |
reimbursement; |
(9) monitor and evaluate all pretrial programs |
operated by local pretrial services agencies; |
(10) review and approve annual plans submitted by |
local pretrial services agencies; and |
(11) establish such other standards and regulations |
and do all acts necessary to carry out the intent and |
purposes of this Act.
|
(725 ILCS 185/1) (from Ch. 38, par. 301) |
Sec. 1. Pretrial services shall be provided by a local |
pretrial services agency or the Office. The pretrial services |
agency shall provide Each circuit court shall establish a |
pretrial services agency to provide the circuit court with |
accurate background data regarding the pretrial release of |
persons charged with felonies and effective supervision of |
compliance with the terms and conditions imposed on release. |
(Source: P.A. 84-1449.)
|
(725 ILCS 185/1.5) |
Sec. 1.5. Framework facilitating the hiring and training |
of new State-employed pretrial services personnel to serve |
circuit courts or counties without existing pretrial services |
agencies. Notwithstanding anything in this Act to the |
|
contrary, the Office shall hire Supreme Court is encouraged to |
establish a framework that facilitates the hiring and train |
training of new State-employed pretrial services personnel to |
serve circuit courts or counties without existing pretrial |
services agencies, as required by Section 1. Nothing in this |
amendatory Act of the 103rd General Assembly shall be |
constructed to invalidate, diminish, or otherwise interfere |
with any collective bargaining agreement or representation |
rights under the Illinois Public Labor Relations Act, if |
applicable. |
(Source: P.A. 102-694, eff. 1-7-22.)
|
(725 ILCS 185/2) (from Ch. 38, par. 302) |
Sec. 2. Local pretrial Pretrial services agencies may be |
independent divisions of the circuit courts accountable to the |
chief judge or his designee for program activities. The |
agencies shall be supervised by a program director appointed |
by the chief judge and removable for cause. The chief judge or |
his designee shall have the authority to hire, terminate or |
discipline local pretrial services agency personnel on |
recommendation of the program director. |
(Source: P.A. 84-1449.)
|
(725 ILCS 185/3) (from Ch. 38, par. 303) |
Sec. 3. Pretrial services shall be provided by the Office |
The functions of the pretrial services agency shall be |
|
assigned to the Department of Probation and Court Services or |
other arm of the court where the volume of criminal |
proceedings does not justify the establishment of a local |
pretrial services agency separate division. |
(Source: P.A. 84-1449.)
|
(725 ILCS 185/4) (from Ch. 38, par. 304) |
Sec. 4. All local pretrial services agency personnel shall |
be full-time employees supervised by the director and, except |
for secretarial staff, subject to the hiring and training |
requirements established by the Office Supreme Court as |
provided in "An Act providing for a system of probation, for |
the appointment and compensation of probation officers, and |
authorizing the suspension of final judgment and the |
imposition of sentence upon persons found guilty of certain |
defined crimes and offenses, and legalizing their ultimate |
discharge without punishment", approved June 10, 1911, as |
amended. |
(Source: P.A. 84-1449.)
|
(725 ILCS 185/5) (from Ch. 38, par. 305) |
Sec. 5. The compensation for local pretrial services |
agency personnel shall be commensurate with salaries and other |
benefits accorded probation department employees. |
(Source: P.A. 84-1449.)
|
|
(725 ILCS 185/8) (from Ch. 38, par. 308) |
Sec. 8. In addition to the foregoing, local pretrial |
services agencies may with the approval of the chief judge |
provide one or more of the following services to the circuit |
court: |
(a) Supervise compliance with the terms and conditions |
imposed by the courts for appeal bonds; and |
(b) Assist in such other pretrial services activities as |
may be delegated to the agency by the court. |
(Source: P.A. 84-1449.)
|
(725 ILCS 185/9) (from Ch. 38, par. 309) |
Sec. 9. Pretrial services agencies shall have standing |
court authority to interview and process all persons charged |
with non-capital felonies either before or after first |
appearance if the person is in custody. The chief judge and |
program director of the pretrial services agency may establish |
interviewing priorities where resources do not permit total |
coverage, but no other criteria shall be employed to exclude |
categories of offenses or offenders from program operations. |
(Source: P.A. 84-1449.)
|
(725 ILCS 185/10) (from Ch. 38, par. 310) |
Sec. 10. The chief judge and program director of the local |
pretrial services agency shall continuously assess the |
benefits of agency intervention before or after the first |
|
appearance of accused persons. In determining the best |
allocation of available resources, consideration shall be |
given to current release practices of first appearance judges |
in misdemeanor and lesser felony cases; the logistics of |
pre-first appearance intervention where decentralized |
detention facilities are utilized; the availability of |
verification resources for pre-first appearance intervention; |
and the ultimate goal of prompt and informed determinations of |
pretrial release conditions. |
(Source: P.A. 84-1449.)
|
(725 ILCS 185/12) (from Ch. 38, par. 312) |
Sec. 12. Interviews shall be individually conducted by |
agency personnel in facilities or locations which assure an |
adequate opportunity for discussion, consistent with security |
needs. |
The chief judge or his designee shall maintain a |
continuous liaison between the pretrial services agency |
director and the sheriff, or other affected law enforcement |
agencies, to assure that pretrial services interviewers have |
prompt access consistent with security and law enforcement |
needs to all prisoners after booking. |
(Source: P.A. 84-1449.)
|
(725 ILCS 185/13) (from Ch. 38, par. 313) |
Sec. 13. Information received from the arrested person as |
|
a result of the agency interview shall be recorded on uniform |
interview forms created by the Office. |
(Source: P.A. 84-1449.)
|
(725 ILCS 185/14) (from Ch. 38, par. 314) |
Sec. 14. The pretrial services agency shall, after |
interviewing arrestees, immediately verify and supplement the |
information required by the uniform interview form before |
submitting its report to the court. Minimum verification shall |
include the interviewee's prior criminal record, residency, |
and employment circumstances. The chief judge or his designee |
shall assist the pretrial services agency program director in |
establishing and maintaining cooperation with the circuit |
clerk and law enforcement information systems to assure the |
prompt verification of prior criminal records. |
(Source: P.A. 84-1449.)
|
(725 ILCS 185/15) (from Ch. 38, par. 315) |
Sec. 15. Verified and supplemental information assembled |
by the pretrial services agency shall be recorded on a uniform |
reporting form established by the Office Supreme Court. |
(Source: P.A. 84-1449.)
|
(725 ILCS 185/17) (from Ch. 38, par. 317) |
Sec. 17. Reports shall be in writing, signed by an |
authorized representative of the pretrial services agency, and |
|
prepared on the uniform reporting form. Copies of the report |
shall be provided to all parties and counsel of record. If the |
report is filed with the court, the court shall deny public |
access to the report. |
(Source: P.A. 84-1449.)
|
(725 ILCS 185/22) (from Ch. 38, par. 322) |
Sec. 22. If so ordered by the court, the pretrial services |
agency shall prepare and submit for the court's approval and |
signature a uniform release order on the uniform form |
established by the Office Supreme Court in all cases where an |
interviewee may be released from custody under conditions |
contained in an agency report. Such conditions shall become |
part of the conditions of pretrial release. A copy of the |
uniform release order shall be provided to the defendant and |
defendant's attorney of record, and the prosecutor. |
(Source: P.A. 101-652, eff. 1-1-23.)
|
(725 ILCS 185/24) (from Ch. 38, par. 324) |
Sec. 24. Where functions of the local pretrial services |
agency have been delegated to a probation department or other |
arm of the court under Section 3, their records shall be |
segregated from other records. Two years after the date of the |
first interview with a pretrial services agency |
representative, the defendant may apply to the chief circuit |
judge, or a judge designated by the chief circuit judge for |
|
these purposes, for an order expunging from the records of the |
pretrial services agency all files pertaining to the |
defendant. |
(Source: P.A. 84-1449.)
|
(725 ILCS 185/30) (from Ch. 38, par. 330) |
Sec. 30. Records and statistics shall be maintained by |
local pretrial services agencies of their operations and |
effect upon the criminal justice system, with monthly reports |
submitted to the circuit court and the Office Supreme Court on |
a uniform statistical form developed by the Supreme Court. |
(Source: P.A. 84-1449.)
|
(725 ILCS 185/33) (from Ch. 38, par. 333) |
Sec. 33. The Office Supreme Court shall pay from funds |
appropriated to it for this purpose 100% of all approved costs |
for pretrial services, including pretrial services officers, |
necessary support personnel, travel costs reasonably related |
to the delivery of pretrial services, space costs, equipment, |
telecommunications, postage, commodities, printing and |
contractual services. Costs shall be reimbursed monthly, based |
on an annual a plan and budget approved by the Office Supreme |
Court. No department may be reimbursed for costs which exceed |
or are not provided for in the approved annual plan and budget. |
The Mandatory Arbitration Fund may be used to reimburse |
approved costs for pretrial services. |
