Bill Text: IL SB2185 | 2025-2026 | 104th General Assembly | Introduced
Bill Title: Amends the Unified Code of Corrections. Provides within 24 hours of admission to a correctional institution or facility of the Department of Corrections, each committed person shall be screened for substance use disorders as part of an initial and ongoing substance use screening and assessment process. Provides that this process includes screening and assessment for opioid use disorders. Provides that if at any time a committed person screens positive as having or being at risk for an opioid use disorder, is diagnosed with an opioid use disorder or is exhibiting symptoms of withdrawal from an opioid use disorder, and medication assisted treatment is clinically indicated by a licensed physician, a licensed physician assistant, or a licensed nurse practitioner, then the individual may consent to commence medications for opioid use disorder, which shall be provided by the Department. Provides that the committed person shall be authorized to receive the medication immediately and for as long as clinically indicated. Provides that upon reentry, the Department shall provide an individual participating in medication assisted treatment with a referral to a community-based provider who may assist the individual with continued medications for opioid use disorder and medication assisted treatment care.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2025-02-25 - Assigned to Criminal Law [SB2185 Detail]
Download: Illinois-2025-SB2185-Introduced.html
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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||
3 | represented in the General Assembly:
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4 | Section 5. The Unified Code of Corrections is amended by | |||||||||||||||||||
5 | adding Section 3-6-2.1 as follows:
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6 | (730 ILCS 5/3-6-2.1 new) | |||||||||||||||||||
7 | Sec. 3-6-2.1. Medication for opioid use disorder. | |||||||||||||||||||
8 | (a) In this Section: | |||||||||||||||||||
9 | "Clinically indicated" means a medical procedure or | |||||||||||||||||||
10 | treatment is based upon the treatment provider's medical | |||||||||||||||||||
11 | judgment in accordance with the current generally accepted | |||||||||||||||||||
12 | standards of care. | |||||||||||||||||||
13 | "Medication assisted treatment" means the use of U.S. | |||||||||||||||||||
14 | Federal Drug Administration-approved medications, in | |||||||||||||||||||
15 | combination with counseling and behavioral therapies, to | |||||||||||||||||||
16 | provide a whole patient approach to the treatment of substance | |||||||||||||||||||
17 | use disorders. | |||||||||||||||||||
18 | "Medications for opioid use disorder" means the use of | |||||||||||||||||||
19 | U.S. Federal Drug Administration-approved medications to treat | |||||||||||||||||||
20 | substance use disorders. | |||||||||||||||||||
21 | (b) Within 24 hours of admission to a correctional | |||||||||||||||||||
22 | institution or facility, each committed person shall be | |||||||||||||||||||
23 | screened for substance use disorders as part of an initial and |
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1 | ongoing substance use screening and assessment process. This | ||||||
2 | process includes screening and assessment for opioid use | ||||||
3 | disorders. | ||||||
4 | (c) A committed person who is admitted to a correctional | ||||||
5 | institution or facility while under the medical care of a | ||||||
6 | licensed physician, a licensed physician assistant, or a | ||||||
7 | licensed nurse practitioner and who is taking medication at | ||||||
8 | the time of admission pursuant to a valid prescription as | ||||||
9 | verified by the individual's pharmacy of record, primary care | ||||||
10 | provider, other licensed care provider, or a prescription | ||||||
11 | monitoring or information system, shall have that medication | ||||||
12 | continued and provided by the Department pending an evaluation | ||||||
13 | by a licensed physician, a licensed physician assistant, or a | ||||||
14 | licensed nurse practitioner and subject to the treatment | ||||||
15 | provider's medical judgment. The Department may defer | ||||||
16 | provision of a validly prescribed medication in accordance | ||||||
17 | with this subsection if, in the judgment of a licensed | ||||||
18 | physician, a licensed physician assistant, or a licensed nurse | ||||||
19 | practitioner, continuation of the medication is no longer | ||||||
20 | clinically indicated. | ||||||
21 | A committed person who is admitted to a correctional | ||||||
22 | institution or facility while under the medical care of a | ||||||
23 | licensed physician, a licensed physician assistant, or a | ||||||
24 | licensed nurse practitioner and who is taking medication for | ||||||
25 | an opioid use disorder or participating in medication assisted | ||||||
26 | treatment at the time of admission pursuant to a valid |
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1 | prescription as verified by the individual's pharmacy of | ||||||
2 | record, primary care provider, other licensed care provider, | ||||||
3 | or a prescription monitoring or information system, shall have | ||||||
4 | the committed person's medication continued and provided by | ||||||
5 | the Department pending an evaluation by a licensed physician, | ||||||
6 | a licensed physician assistant, or a licensed nurse | ||||||
7 | practitioner and subject to the treatment provider's medical | ||||||
8 | judgment. The Department may defer provision of a validly | ||||||
9 | prescribed medication in accordance with this subsection if, | ||||||
10 | in the judgment of a licensed physician, a licensed physician | ||||||
11 | assistant, or a licensed nurse practitioner, continuation of | ||||||
12 | the medication is no longer clinically indicated. An | ||||||
13 | individual participating in a medication assisted treatment | ||||||
14 | program may have counseling and behavioral therapies continued | ||||||
15 | to the extent possible. | ||||||
16 | If at any time a committed person screens positive as | ||||||
17 | having or being at risk for an opioid use disorder, is | ||||||
18 | diagnosed with an opioid use disorder or is exhibiting | ||||||
19 | symptoms of withdrawal from an opioid use disorder, and | ||||||
20 | medication assisted treatment is clinically indicated by a | ||||||
21 | licensed physician, a licensed physician assistant, or a | ||||||
22 | licensed nurse practitioner, then the individual may consent | ||||||
23 | to commence medications for opioid use disorder, which shall | ||||||
24 | be provided by the Department. The committed person shall be | ||||||
25 | authorized to receive the medication immediately and for as | ||||||
26 | long as clinically indicated. |
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1 | (d) The licensed practitioner who makes the clinical | ||||||
2 | judgment to discontinue the use of medication shall enter the | ||||||
3 | reason for the discontinuance to be entered into the committed | ||||||
4 | person's medical record, specifically stating the reason for | ||||||
5 | discontinuance. The individual shall be provided, both orally | ||||||
6 | and in writing, with a specific explanation of the decision to | ||||||
7 | discontinue the medication. | ||||||
8 | (e) As part of the reentry planning, the Department shall | ||||||
9 | commence medications for opioid use disorder prior to an | ||||||
10 | individual's release if: | ||||||
11 | (1) the individual screens positive as having an | ||||||
12 | opioid use disorder, being at risk for an opioid use | ||||||
13 | disorder, or exhibiting symptoms of withdrawal from an | ||||||
14 | opioid use disorder; | ||||||
15 | (2) medication assisted treatment is clinically | ||||||
16 | indicated by a licensed physician, a licensed physician | ||||||
17 | assistant, or a licensed nurse practitioner; and | ||||||
18 | (3) The individual consents to commence medications | ||||||
19 | for opioid use disorder. | ||||||
20 | Upon reentry, the Department shall provide an individual | ||||||
21 | participating in medication assisted treatment with a referral | ||||||
22 | to a community-based provider who may assist the individual | ||||||
23 | with continued medications for opioid use disorder and | ||||||
24 | medication assisted treatment care. |