Bill Text: IL HB4816 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Creates the Pretrial Success Act. Provides that the Department of Human Services has grant making, operational, and procurement authority to distribute funds to local government health and human services agencies, community-based organizations, and other entities necessary to execute the functions under the Act. Provides that subject to appropriation, the Department shall issue grants to local governmental agencies and community-based organizations to maximize pretrial success each year. Provides that grants shall be awarded no later than October 1, 2024. Provides that grants in subsequent years shall be issued on or before September 1 of the relevant fiscal year and shall allow for pre-award expenditures beginning July 1 of the relevant fiscal year. Provides that each judicial circuit with a population of at least 250,000 constitutes a service area. Provides that each judicial circuit with populations of less than 250,000 shall be combined with at least one other geographically contiguous judicial circuit to constitute a service area with a population of at least 250,000. Provides that resources for each service area shall be distributed based on maximizing the total potential pretrial success. Subject to appropriation, the minimum annual grant amount awarded in each service area shall be $300,000. Provides that beginning in Fiscal Year 2027 and subject to appropriation, grants shall be awarded for a project period of 3 years, contingent on Department requirements for reporting and successful performance. Provides that organizations receiving grants under the Act shall provide the following services directly or through subgrants to other organizations: (1) case management for mental health and substance use disorders; (2) detoxification or referral to detoxification when clinically indicated and available in the community; (3) medication assisted treatment or referral to medication assisted treatment when clinically indicated and available in the community; (4) child care to remove barriers to court appearances; and (5) transportation to court appearances if not available through the Office of Statewide Pretrial Services or other court stakeholders. Effective immediately.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced) 2024-05-31 - Rule 19(a) / Re-referred to Rules Committee [HB4816 Detail]

Download: Illinois-2023-HB4816-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4816 Introduced 2/6/2024, by Rep. Maurice A. West, II SYNOPSIS AS INTRODUCED:
New Act
Creates the Pretrial Success Act. Provides that the Department of Human Services has grant making, operational, and procurement authority to distribute funds to local government health and human services agencies, community-based organizations, and other entities necessary to execute the functions under the Act. Provides that subject to appropriation, the Department shall issue grants to local governmental agencies and community-based organizations to maximize pretrial success each year. Provides that grants shall be awarded no later than October 1, 2024. Provides that grants in subsequent years shall be issued on or before September 1 of the relevant fiscal year and shall allow for pre-award expenditures beginning July 1 of the relevant fiscal year. Provides that each judicial circuit with a population of at least 250,000 constitutes a service area. Provides that each judicial circuit with populations of less than 250,000 shall be combined with at least one other geographically contiguous judicial circuit to constitute a service area with a population of at least 250,000. Provides that resources for each service area shall be distributed based on maximizing the total potential pretrial success. Subject to appropriation, the minimum annual grant amount awarded in each service area shall be $300,000. Provides that beginning in fiscal year 2027 and subject to appropriation, grants shall be awarded for a project period of 3 years, contingent on Department requirements for reporting and successful performance. Provides that organizations receiving grants under the Act shall provide the following services directly or through subgrants to other organizations:(1) case management for mental health and substance use disorders; (2) detoxification or referral to detoxification when clinically indicated and available in the community; (3) medication assisted treatment or referral to medication assisted treatment when clinically indicated and available in the community; (4) child care to remove barriers to court appearances; and (5) transportation to court appearances if not available through the Office of Statewide Pretrial Services or other court stakeholders. Effective immediately.
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A BILL FOR
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AN ACT concerning health.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
Pretrial Success Act.
Section 5. Intent; purposes. This Act creates a
comprehensive approach to ensuring pretrial success, justice,
and individual and communal well-being. The Act minimizes the
number of people detained pretrial by ensuring access to
community-based pretrial supports and services.
Section 10. Definitions. As used in this Act:
"Case management" means assessment, planning,
coordination, and advocacy services for individuals who need
multiple services and require assistance in gaining access to
and in using behavioral health, physical health, social,
vocational, educational, housing, public income entitlements
and other community services to assist the individual in the
community. Case management may also include identifying and
investigating available resources, explaining options to the
individual, and linking the individual with necessary
resources.
"Community-based pretrial supports and services" means

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voluntary services provided in the community to an individual
charged with a criminal offense who has been granted pretrial
release. Community-based pretrial supports and services shall
be trauma-informed and designed and delivered according to
best practice standards to maximize pretrial success.
"Court stakeholders" means Judges, State's Attorneys,
defense attorneys including Public Defenders, Sheriffs, police
departments, and any other individuals, agencies, or offices
or their employees involved in pretrial criminal court
proceedings.
"Department" means the Department of Human Services.
"Detoxification" means the process of withdrawing a person
from a specific psychoactive substance in a safe and effective
manner.
"Eligible participant" means an Illinois resident charged
with a criminal offense who has been granted pretrial release.
"Medication assisted treatment" means the prescription of
medications that are approved by the U.S. Food and Drug
Administration and the Center for Substance Abuse Treatment to
assist with treatment for a substance use disorder and to
support recovery for individuals receiving services in a
facility licensed by the Department. Medication assisted
treatment includes opioid treatment services as authorized by
a Department license.
"Pretrial success" means ensuring court appearances and
reducing subsequent involvement with the criminal-legal

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system.
"Service area" means a judicial circuit or group of
judicial circuits.
Section 15. Findings. The General Assembly finds that:
(1) The Pretrial Fairness Act defines when an arrested
person can be denied pretrial release and prohibits the
imposition of financial conditions for release by
abolishing money bond. This prevents the pretrial
detention of many arrested individuals with mental health
or substance use disorders or others who could benefit
from community-based supports and services.
(2) Because people awaiting trial are legally presumed
innocent, the Illinois Supreme Court Commission on
Pretrial Practices recommends, consistent with national
best practices, that "(c)onditions and supervision shall
not mandate rehabilitative services (substance abuse,
mental health, partner abuse intervention programs, etc.)
unless the court finds them to be a risk factor directly
related to further criminal behavior and failure to appear
at court hearings. The inability to pay for such
court-ordered services shall not interfere with release."
(3) Research shows that mental health and substance
use disorder services, including treatment, are generally
most effective when participation is voluntary and access
is assured.

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(4) Communities throughout Illinois have significant
gaps in the availability of mental health and substance
use disorder services and other community-based pretrial
supports and services.
(5) If services are available, navigating complicated
systems can be a barrier to access and success.
(6) Community-based pretrial supports and services are
most effective when delivered by organizations trusted
within the community and developed with the input of
community members, including those directly impacted by
the criminal-legal system.
Section 20. Grant making authority.
(a) The Department of Human Services shall have grant
making, operational, and procurement authority to distribute
funds to local government health and human services agencies,
community-based organizations, and other entities necessary to
execute the functions established in this Act.
(b) Subject to appropriation, the Department shall issue
grants to local governmental agencies and community-based
organizations to maximize pretrial success each year. Grants
shall be awarded no later than October 1, 2024. Grants in
subsequent years shall be issued on or before September 1 of
the relevant fiscal year and shall allow for pre-award
expenditures beginning July 1 of the relevant fiscal year.
(c) Beginning in fiscal year 2027 and subject to

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appropriation, grants shall be awarded for a project period of
3 years, contingent on Department requirements for reporting
and successful performance.
Section 25. Community-based pretrial supports and
services.
(a) Subject to appropriation, the Department shall make
grants to organizations for community-based pretrial supports
and services.
(b) The Department shall issue grants to at least one
organization in each of the service areas and no more than 3
organizations in each of the service areas with the exception
of service areas with a population exceeding 2,000,000. The
Department shall issue grants to at least one organization and
no more than 10 organizations in service areas with a
population exceeding 2,000,000. Grants in each service area
shall be for no less than $100,000 and no more than $500,000
per organization. An organization may receive grants in more
than one service area.
(c) Organizations receiving grants under this Act shall
coordinate services with other organizations and court
stakeholders in their service area. Organizations receiving
grants under this Act shall coordinate services with the
Office of Statewide Pretrial Services to the extent that it
operates in their service area.
(d) Organizations receiving grants under this Act shall

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establish eligibility criteria for services. Organizations
receiving grants under this Act shall be required to accept
referrals of eligible participants from court stakeholders.
Organizations receiving grants under this Act may accept
referrals of eligible participants from other sources
including self-referrals.
(e) An eligible participant shall not be ordered to
receive services funded by a grant under this Act unless the
person has undergone a validated clinical assessment and the
clinical treatment plan includes such services. "Validated
clinical assessment" and "clinical treatment plan" have the
meanings ascribed to them in Section 10 of the Drug Court
Treatment Act.
(f) Organizations receiving grants under this Act shall
provide the following services directly or through subgrants
to other organizations:
(1) case management for mental health and substance
use disorders;
(2) detoxification or referral to detoxification when
clinically indicated and available in the community;
(3) medication assisted treatment or referral to
medication assisted treatment when clinically indicated
and available in the community;
(4) child care to remove barriers to court
appearances; and
(5) transportation to court appearances if not

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available through the Office of Statewide Pretrial
Services or other court stakeholders.
(g) Organizations receiving grants under this Act may
provide the following services directly or through subgrants
to other organizations:
(1) Behavioral health services, including harm
reduction services, clinical interventions, crisis
interventions, and group counseling supports, such as peer
support groups, social-emotional learning supports,
including skill building for anger management,
de-escalation, sensory stabilization, coping strategies,
and thoughtful decision-making, short-term clinical
individual sessions, and motivational interviewing.
(2) Other services necessary to promote pretrial
success, as determined by the organization and approved by
the Department.
(h) Organizations receiving grants under this Act shall
ensure that services are accessible to individuals with
disabilities and to individuals with limited English
proficiency. Organizations receiving grants under this Act
shall not deny services to individuals on the basis of
immigration status or gender identity.
(i) No statement or other disclosure, written or
otherwise, made by an eligible participant to an employee of
an organization receiving a grant under this Act may be used by
the prosecution to prove any crime or offense alleged in the

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pending case.
(j) The Department shall encourage organizations receiving
grants under this Act to employ individuals with personal
experience with being charged with a felony offense. On or
before January 1, 2025, the Department shall create and
execute a Background Check Waiver Process, limiting the
disqualifying offenses, for employees who provide services
under this Act.
(k) Organizations receiving funds under this Act may
utilize up to 5% of awarded grant funds to raise awareness of
community-based pretrial supports and services.
Section 30. Service areas.
(a) Each judicial circuit with a population of at least
250,000 constitutes a service area. Each judicial circuit with
a population of less than 250,000 shall be combined with at
least one other geographically contiguous judicial circuit to
constitute a service area with a population of at least
250,000.
(b) Resources for each service area shall be distributed
based on maximizing the total potential pretrial success.
Subject to appropriation, the minimum annual grant amount
awarded in each service area shall be $300,000. In determining
the distribution of resources to service areas, the Department
shall consider the following factors:
(1) service area population and poverty level;

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(2) the geographic size of a service area;
(3) the average number of people charged with felony
offenses each year;
(4) the number of people incarcerated in the past
because of their inability to afford payment of money
bond; and
(5) level of Office of Statewide Pretrial Services
programming in the counties in the service area.
Section 35. Local advisory councils.
(a) The Department shall create local advisory councils
for each of the service areas for the purpose of obtaining
recommendations on how to distribute funds in these areas to
maximize pretrial success. Local advisory councils shall
consist of no fewer than 5 members. At least 40% of members
shall have personal experience with being charged with a
felony offense in Illinois. At least 20% of members shall have
personal experience with a family member being charged with a
felony offense in Illinois. Members of the local advisory
councils shall serve without compensation except those
designated as individuals with personal experience may receive
stipends as compensation for their time.
(b) The Department shall provide data to each local
advisory council on the characteristics of the service area
and the availability of community-based pretrial supports and
services. The Department shall also provide best available

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evidence on how to maximize pretrial success.
(c) Each local advisory council shall make recommendations
on how to allocate distributed resources and desired goals for
its service area based on information provided to them by the
Department.
(d) Beginning in fiscal year 2026, the Department shall
consider the recommendations and determine how to distribute
funds through grants to community-based organizations and
local governments. To the extent the Department does not
follow a local advisory council's recommendation on allocation
of funds, the Department shall explain in writing why a
different allocation of resources is more likely to maximize
pretrial success in the service area.
Section 40. Medicaid services.
(a) Funds awarded under this Act may be used for
behavioral health services until July 1, 2026.
(b) Any organization being reimbursed from funds awarded
under this Act for behavioral health services must also file a
plan to become Medicaid certified for behavioral health
services under the Illinois Medicaid program on or before July
1, 2026.
Section 45. Evaluation.
(a) The Department shall issue a report to the General
Assembly no later than January 1 of each year beginning

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January 1, 2026. The report shall cover the previous fiscal
year and identify gaps in community-based pretrial supports
and services in each service area, explain the investments
that are being made to maximize pretrial success, and make
further recommendations on how to build community-based
capacity for community-based pretrial supports and services
including mental health and substance use disorder treatment.
(b) Beginning January 1, 2027, the annual report shall
include an evaluation of the effectiveness of grants under
this Act in maximizing pretrial success. The Department shall
use community-based participatory research methods and ensure
that the evaluation incorporates input from individuals and
organizations affected by the Act, including, but not limited
to, individuals with personal experience with being charged
with a felony offense in Illinois, individuals with personal
experience with a family member being charged with a felony
offense in Illinois, local government health and human
services agencies, community-based organizations, and court
stakeholders. The evaluation should be conducted with input
from outside expert evaluators when possible.
(c) The Department shall consider findings from annual
reports and evaluations in developing subsequent years'
grantmaking processes, monitoring progress toward local
advisory councils' goals, and ensuring equity in the
grantmaking process.

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Section 50. Rulemaking authority. The Department shall
adopt rules as are necessary to implement all elements of this
Act.