HB3806 100TH GENERAL ASSEMBLY

LRB100 05230 KTG 21839 b

100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB3806

Introduced , by Rep. Linda Chapa LaVia

SYNOPSIS AS INTRODUCED:

See Index

Amends the Alcoholism and Other Drug Abuse and Dependency Act. Requires the Department of Human Services, upon request, to provide DUI service providers licensed by the State and any court, as defined, with copies of identification and arrest data the Department receives from federal, State, and local law enforcement agencies. Establishes the DUI Service Provider Effectiveness Program Exploratory Committee to create an audit and evaluation process that permits the evaluation of treatment and intervention outcomes of licensed DUI service providers so that persons interested in DUI treatment or intervention services can make informed decisions concerning provider selection and courts can better determine which DUI service providers to keep on their approved-provider lists. Contains provisions concerning membership on the Committee, initial appointments, voting rights, reporting requirements, and other matters. Requires the Committee to prepare and publish in a central publication information obtained through the audit and evaluation process established by the Committee, but not before performing certain tasks, including the development of: (i) a process and statistical method of outcome analysis and research that targets DUI recidivism as a measure of the treatment or intervention effectiveness of each DUI service provider; and (ii) a standardized method or process by which a court may consult and collaborate with a DUI service provider whose program of DUI treatment or intervention services fails to meet or adequately address the needs of clients residing within the court's judicial circuit. Amends the Illinois Vehicle Code. Adds a requirement concerning DUI treatment review surveys. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning State government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Alcoholism and Other Drug Abuse and Dependency Act is amended by changing Section 5-10 and by adding Section 10-65 as follows:

(20 ILCS 301/5-10)

Sec. 5-10. Functions of the Department.

(a) In addition to the powers, duties and functions vested in the Department by this Act, or by other laws of this State, the Department shall carry out the following activities:

(1) Design, coordinate and fund a comprehensive and coordinated community-based and culturally and gender-appropriate array of services throughout the State for the prevention, intervention, treatment and rehabilitation of alcohol and other drug abuse and dependency that is accessible and addresses the needs of at-risk or addicted individuals and their families.

(2) Act as the exclusive State agency to accept, receive and expend, pursuant to appropriation, any public or private monies, grants or services, including those received from the federal government or from other State agencies, for the purpose of providing an array of services for the prevention, intervention, treatment and rehabilitation of alcoholism or other drug abuse or dependency. Monies received by the Department shall be deposited into appropriate funds as may be created by State law or administrative action.

(3) Coordinate a statewide strategy among State agencies for the prevention, intervention, treatment and rehabilitation of alcohol and other drug abuse and dependency. This strategy shall include the development of an annual comprehensive State plan for the provision of an array of services for education, prevention, intervention, treatment, relapse prevention and other services and activities to alleviate alcoholism and other drug abuse and dependency. The plan shall be based on local community-based needs and upon data including, but not limited to, that which defines the prevalence of and costs associated with the abuse of and dependency upon alcohol and other drugs. This comprehensive State plan shall include identification of problems, needs, priorities, services and other pertinent information, including the needs of minorities and other specific populations in the State, and shall describe how the identified problems and needs will be addressed. For purposes of this paragraph, the term "minorities and other specific populations" may include, but shall not be limited to, groups such as women, children, intravenous drug users, persons with AIDS or who are HIV infected, African-Americans, Puerto Ricans, Hispanics, Asian Americans, the elderly, persons in the criminal justice system, persons who are clients of services provided by other State agencies, persons with disabilities and such other specific populations as the Department may from time to time identify. In developing the plan, the Department shall seek input from providers, parent groups, associations and interested citizens.

Beginning with State fiscal year 1996, the annual comprehensive State plan developed under this Section shall include an explanation of the rationale to be used in ensuring that funding shall be based upon local community needs, including, but not limited to, the incidence and prevalence of, and costs associated with, the abuse of and dependency upon alcohol and other drugs, as well as upon demonstrated program performance.

The annual comprehensive State plan developed under this Section shall contain a report detailing the activities of and progress made by the programs for the care and treatment of addicted pregnant women, addicted mothers and their children established under subsection (j) of Section 35-5 of this Act.

Each State agency which provides or funds alcohol or drug prevention, intervention and treatment services shall annually prepare an agency plan for providing such services, and these shall be used by the Department in preparing the annual comprehensive statewide plan. Each agency's annual plan for alcohol and drug abuse services shall contain a report on the activities and progress of such services in the prior year. The Department may provide technical assistance to other State agencies, as required, in the development of their agency plans.

(4) Lead, foster and develop cooperation, coordination and agreements among federal and State governmental agencies and local providers that provide assistance, services, funding or other functions, peripheral or direct, in the prevention, intervention, treatment or rehabilitation of alcoholism and other drug abuse and dependency. This shall include, but shall not be limited to, the following:

(A) Cooperate with and assist the Department of Corrections and the Department on Aging in establishing and conducting programs relating to alcoholism and other drug abuse and dependency among those populations which they respectively serve.

(B) Cooperate with and assist the Illinois Department of Public Health in the establishment, funding and support of programs and services for the promotion of maternal and child health and the prevention and treatment of infectious diseases, including but not limited to HIV infection, especially with respect to those persons who may abuse drugs by intravenous injection, or may have been sexual partners of drug abusers, or may have abused substances so that their immune systems are impaired, causing them to be at high risk.

(C) Supply to the Department of Public Health and prenatal care providers a list of all alcohol and other drug abuse service providers for addicted pregnant women in this State.

(D) Assist in the placement of child abuse or neglect perpetrators (identified by the Illinois Department of Children and Family Services) who have been determined to be in need of alcohol or other drug abuse services pursuant to Section 8.2 of the Abused and Neglected Child Reporting Act.

(E) Cooperate with and assist the Illinois Department of Children and Family Services in carrying out its mandates to:

(i) identify alcohol and other drug abuse issues among its clients and their families; and

(ii) develop programs and services to deal with such problems.

These programs and services may include, but shall not be limited to, programs to prevent the abuse of alcohol or other drugs by DCFS clients and their families, rehabilitation services, identifying child care needs within the array of alcohol and other drug abuse services, and assistance with other issues as required.

(F) Cooperate with and assist the Illinois Criminal Justice Information Authority with respect to statistical and other information concerning drug abuse incidence and prevalence.

(G) Cooperate with and assist the State Superintendent of Education, boards of education, schools, police departments, the Illinois Department of State Police, courts and other public and private agencies and individuals in establishing prevention programs statewide and preparing curriculum materials for use at all levels of education. An agreement shall be entered into with the State Superintendent of Education to assist in the establishment of such programs.

(H) Cooperate with and assist the Illinois Department of Healthcare and Family Services in the development and provision of services offered to recipients of public assistance for the treatment and prevention of alcoholism and other drug abuse and dependency.

(I) Provide training recommendations to other State agencies funding alcohol or other drug abuse prevention, intervention, treatment or rehabilitation services.

(5) From monies appropriated to the Department from the Drunk and Drugged Driving Prevention Fund, make grants to reimburse DUI evaluation and remedial education programs licensed by the Department for the costs of providing indigent persons with free or reduced-cost services relating to a charge of driving under the influence of alcohol or other drugs.

(6) Promulgate regulations to provide appropriate standards for publicly and privately funded programs as well as for levels of payment to government funded programs which provide an array of services for prevention, intervention, treatment and rehabilitation for alcoholism and other drug abuse or dependency.

(7) In consultation with local service providers, specify a uniform statistical methodology for use by agencies, organizations, individuals and the Department for collection and dissemination of statistical information regarding services related to alcoholism and other drug use and abuse. This shall include prevention services delivered, the number of persons treated, frequency of admission and readmission, and duration of treatment.

(8) Receive data and assistance from federal, State and local governmental agencies, and obtain copies of identification and arrest data from all federal, State and local law enforcement agencies for use in carrying out the purposes and functions of the Department. Upon request, the Department shall provide DUI service providers licensed by the State and any court copies of the identification and arrest data the Department receives under this paragraph. If the Department is unable or refuses to fulfill a request for identification or arrest data and the DUI service provider or court must obtain such information from the Secretary of State, the Department shall reimburse the DUI service provider or court for any costs or fees charged by the Secretary of State for the requested identification or arrest data. As used in this paragraph, "court" means a court of law, traffic tribunal, or circuit court of Illinois, including a judge of a court of law, traffic tribunal, or circuit court of Illinois and "DUI service provider" has the meaning ascribed to that term in Section 10-65.

(9) Designate and license providers to conduct screening, assessment, referral and tracking of clients identified by the criminal justice system as having indications of alcoholism or other drug abuse or dependency and being eligible to make an election for treatment under Section 40-5 of this Act, and assist in the placement of individuals who are under court order to participate in treatment.

(10) Designate medical examination and other programs for determining alcoholism and other drug abuse and dependency.

(11) Encourage service providers who receive financial assistance in any form from the State to assess and collect fees for services rendered.

(12) Make grants with funds appropriated from the Drug Treatment Fund in accordance with Section 7 of the Controlled Substance and Cannabis Nuisance Act, or in accordance with Section 80 of the Methamphetamine Control and Community Protection Act, or in accordance with subsections (h) and (i) of Section 411.2 of the Illinois Controlled Substances Act.

(13) Encourage all health and disability insurance programs to include alcoholism and other drug abuse and dependency as a covered illness.

(14) Make such agreements, grants-in-aid and purchase-care arrangements with any other department, authority or commission of this State, or any other state or the federal government or with any public or private agency, including the disbursement of funds and furnishing of staff, to effectuate the purposes of this Act.

(15) Conduct a public information campaign to inform the State's Hispanic residents regarding the prevention and treatment of alcoholism.

(b) In addition to the powers, duties and functions vested in it by this Act, or by other laws of this State, the Department may undertake, but shall not be limited to, the following activities:

(1) Require all programs funded by the Department to include an education component to inform participants regarding the causes and means of transmission and methods of reducing the risk of acquiring or transmitting HIV infection, and to include funding for such education component in its support of the program.

(2) Review all State agency applications for federal funds which include provisions relating to the prevention, early intervention and treatment of alcoholism and other drug abuse and dependency in order to ensure consistency with the comprehensive statewide plan developed pursuant to this Act.

(3) Prepare, publish, evaluate, disseminate and serve as a central repository for educational materials dealing with the nature and effects of alcoholism and other drug abuse and dependency. Such materials may deal with the educational needs of the citizens of Illinois, and may include at least pamphlets which describe the causes and effects of fetal alcohol syndrome, which the Department may distribute free of charge to each county clerk in sufficient quantities that the county clerk may provide a pamphlet to the recipients of all marriage licenses issued in the county.

(4) Develop and coordinate, with regional and local agencies, education and training programs for persons engaged in providing the array of services for persons having alcoholism or other drug abuse and dependency problems, which programs may include specific HIV education and training for program personnel.

(5) Cooperate with and assist in the development of education, prevention and treatment programs for employees of State and local governments and businesses in the State.

(6) Utilize the support and assistance of interested persons in the community, including recovering addicts and alcoholics, to assist individuals and communities in understanding the dynamics of addiction, and to encourage individuals with alcohol or other drug abuse or dependency problems to voluntarily undergo treatment.

(7) Promote, conduct, assist or sponsor basic clinical, epidemiological and statistical research into alcoholism and other drug abuse and dependency, and research into the prevention of those problems either solely or in conjunction with any public or private agency.

(8) Cooperate with public and private agencies, organizations and individuals in the development of programs, and to provide technical assistance and consultation services for this purpose.

(9) Publish or provide for the publishing of a manual to assist medical and social service providers in identifying alcoholism and other drug abuse and dependency and coordinating the multidisciplinary delivery of services to addicted pregnant women, addicted mothers and their children. The manual may be used only to provide information and may not be used by the Department to establish practice standards. The Department may not require recipients to use specific providers nor may they require providers to refer recipients to specific providers. The manual may include, but need not be limited to, the following:

(A) Information concerning risk assessments of women seeking prenatal, natal, and postnatal medical care.

(B) Information concerning risk assessments of infants who may be substance-affected.

(C) Protocols that have been adopted by the Illinois Department of Children and Family Services for the reporting and investigation of allegations of child abuse or neglect under the Abused and Neglected Child Reporting Act.

(D) Summary of procedures utilized in juvenile court in cases of children alleged or found to be abused or neglected as a result of being born to addicted women.

(E) Information concerning referral of addicted pregnant women, addicted mothers and their children by medical, social service, and substance abuse treatment providers, by the Departments of Children and Family Services, Public Aid, Public Health, and Human Services.

(F) Effects of substance abuse on infants and guidelines on the symptoms, care, and comfort of drug-withdrawing infants.

(G) Responsibilities of the Illinois Department of Public Health to maintain statistics on the number of children in Illinois addicted at birth.

(10) To the extent permitted by federal law or regulation, establish and maintain a clearinghouse and central repository for the development and maintenance of a centralized data collection and dissemination system and a management information system for all alcoholism and other drug abuse prevention, early intervention and treatment services.

(11) Fund, promote or assist programs, services, demonstrations or research dealing with addictive or habituating behaviors detrimental to the health of Illinois citizens.

(12) With monies appropriated from the Group Home Loan Revolving Fund, make loans, directly or through subcontract, to assist in underwriting the costs of housing in which individuals recovering from alcohol or other drug abuse or dependency may reside in groups of not less than 6 persons, pursuant to Section 50-40 of this Act.

(13) Promulgate such regulations as may be necessary for the administration of grants or to otherwise carry out the purposes and enforce the provisions of this Act.

(14) Fund programs to help parents be effective in preventing substance abuse by building an awareness of drugs and alcohol and the family's role in preventing abuse through adjusting expectations, developing new skills, and setting positive family goals. The programs shall include, but not be limited to, the following subjects: healthy family communication; establishing rules and limits; how to reduce family conflict; how to build self-esteem, competency, and responsibility in children; how to improve motivation and achievement; effective discipline; problem solving techniques; and how to talk about drugs and alcohol. The programs shall be open to all parents.

(Source: P.A. 94-556, eff. 9-11-05; 95-331, eff. 8-21-07.)

(20 ILCS 301/10-65 new)

Sec. 10-65. DUI Service Provider Effectiveness Program Exploratory Committee.

(a) As used in this Section:

"Client" means a person who receives DUI treatment or intervention services from a DUI service provider.

"Court" means a court of law, traffic tribunal, or circuit court of Illinois, including a judge of a court of law, traffic tribunal, or circuit court of Illinois.

"DUI" means driving under the influence of alcohol or other substances which may cause impairment of driving ability.

"DUI service provider" means a provider that provides DUI evaluation and risk education services and programs to DUI offenders, including, but not limited to, court-ordered DUI evaluation, intervention, or treatment services and that:

(1) possesses a treatment license as provided in 77 Ill. Adm. Code 2060.201; or

(2) possesses an intervention license as provided in 77 Ill. Adm. Code 2060.201 and provides DUI Risk Education or Recovery Home Services as defined in 77 Ill. Adm. Code 2060.201.

(b) The DUI Service Provider Effectiveness Program Exploratory Committee is established to create an audit and evaluation process that permits the evaluation of treatment and intervention outcomes of DUI service providers licensed in the State so that persons interested in DUI treatment or intervention services can make informed decisions concerning provider selection and courts can better determine which DUI service providers to keep on their approved-provider lists. Information obtained through the audit and evaluation process shall be made accessible to persons interested in DUI treatment or intervention services, including DUI service providers, courts, and the public, through a central publication as provided in subsection (j).

(c) The Committee shall consist of the following members:

(1) One State's Attorney appointed by the President of the Illinois State's Attorneys Association.

(2) At least one but no more than 3 traffic judges appointed by the Chief Justice of the Illinois Supreme Court.

(3) At least one but no more than 3 local law enforcement officers appointed by the Governor.

(4) One physician licensed to practice medicine in all its branches appointed by the Governor with due regard for the appointee's knowledge in the field of alcoholism and other drug abuse and dependency.

(5) One representative of a trade or professional organization that advocates on behalf of DUI service providers.

(6) One representative of a trade or professional organization that advocates on behalf of physicians trained in psychiatry.

(7) One representative of an organization that advocates on behalf of persons who suffer with mental illness and substance abuse disorders and who live in rural areas or medically underserved areas.

(8) At least 2 but no more than 6 members of the Illinois House of Representatives, half of whom shall be appointed by the Speaker of the House and half of whom shall be appointed by the House Minority Leader.

(9) At least 2 but no more than 6 members of the Illinois Senate, half of whom shall be appointed by the Senate President and half of whom shall be appointed by the Senate Minority Leader.

(10) The President of the Illinois Alcoholism and Drug Dependence Association or his or her designee.

(11) The President of the Community Behavioral Healthcare Association of Illinois or his or her designee.

(12) Twenty public members appointed as follows:

(A) 8 by the Governor, 2 of whom shall be representatives of alcoholism or other drug abuse and dependency treatment or intervention programs and 2 of whom shall be researchers with experience in outcome analysis and research studies as defined in paragraph (1) of subsection (j); and

(B) 3 each by the President of the Senate, the Minority Leader of the Senate, the Speaker of the House of Representatives, and the Minority Leader of the House of Representatives.

(13) The Director, Secretary, or other chief administrative officer, ex officio, or his or her designee, of each of the following: the Department of Public Health and the Administrative Office of the Illinois Courts.

(14) The Assistant Director of the Division of Probation Services within the Administrative Office of the Illinois Courts, ex officio, or his or her designee.

(15) The Chair of the Criminal Justice Information Authority or other chief administrative officer, ex officio.

(16) The Secretary of State, ex officio, or his or her designee.

(17) At least one but no more than 3 persons who have received DUI intervention or treatment services from DUI service providers, with a preference towards those persons who have committed more than one violation of Section 11-501 of the Illinois Vehicle Code subsequent to receiving treatment or intervention services from multiple DUI service providers.

(d) The Chief Justice of the Illinois Supreme Court shall select, from among one of his or her appointments made under paragraph (2) of subsection (c), a traffic judge to be the Chairperson of the Committee. The Chairperson shall schedule meetings, take attendance, and perform other tasks as deemed necessary to perform the functions of the Committee.

(e) All initial appointments under this Section shall be made at least 60 days but no later than 90 days after the effective date of this amendatory Act of the 100th General Assembly. Vacancies on the Committee shall be filled in the same manner as the original appointments. The Committee shall meet quarterly and at such other times as the Chairperson determines necessary for the Committee to perform its functions under the Act. However, the Committee's initial meeting shall take place at least 45 days but no later than 60 days after the date upon which all appointments under subsection (c) are made.

(f) A quorum of the members of the Committee must be present to convene an official meeting and shall consist of one-third of the appointed members. However, if a member has made it know that he or she will be in attendance at a scheduled meeting but has not arrived at the meeting at the appointed time, the Chairperson may wait for that absent member to arrive before having the Committee conduct official business. Members shall service on the Committee without compensation.

(g) The Committee shall have voting members and non-voting members. The voting rights of each member shall be based upon the number of meetings the member attends. The Chairperson shall determine the requisite number of meetings members must attend to be awarded voting rights at the initial meeting and that number shall not be changed except upon a three-fifths vote of the entire Committee at any time. However, an absent member may designate another member who meets the same criteria as the original member to attend a meeting on his or her behalf. A member who attends a meeting on behalf of or as a substitute for an absent member shall be credited the attendance time of that absent member and such time shall be counted towards the member's participation quota when considering if the member attended the requisite number of meetings to be awarded voting rights. Members may be permitted to attend a meeting by means other than physical presence, including by means of a live video broadcast transmitted across the Internet, a call-in, or any other means that permits at least an audio connection between the Committee and the member who is unable to be physically present at the meeting.

(h) The Committee shall submit a report concerning its findings and recommendations to the General Assembly and the Department of Human Services for the purposes of facilitating the assembly of the central publication and proposing legislation and rules on when publication will be first published no later than 15 months after the date upon which the Committee convenes its initial meeting.

(i) The Department of Human Services shall provide administrative support and staff to the Committee.

(j) The Committee shall prepare and publish in a central publication the following information obtained through the audit and evaluation process established by the Committee and conducted on each DUI service provider, but not before performing the following tasks:

(1) In determining how best to measure recidivism rates at the State, county, and provider or therapist level, the Committee must specify a process and statistical method of outcome analysis and research that targets DUI recidivism as a measure of the treatment or intervention effectiveness of each DUI service provider. Outcomes must be evaluated by identifying outcome target measures that are tied to treatment or intervention effectiveness. As used in this paragraph, "outcome analysis and research" means studies of the end results of the structure and processes of the health care system on the health and well-being of patients and populations which may involve, but are not limited to, health service research that (i) focuses on identifying variations in medical procedures and associated health outcomes and (ii) evaluates the quality of care, safety, access, effectiveness, equity, efficiency, timeliness, system responsiveness, and patient-centeredness of those services.

(2) In evaluating and determining which outcome analysis to use, the Committee must examine, but does not have to adopt, survival analysis studies. As used in this paragraph, "survival analysis studies" means studies that measure the time between the application or termination of DUI treatment or intervention services and a specified outcome. Such studies shall include, but shall not be limited to, the overall rate at which persons who have completed a program of DUI treatment or intervention services commit one or more subsequent violations of Section 11-501 of the Illinois Vehicle Code within a certain period of time following completion of the program of DUI treatment or intervention services.

(3) The Committee shall explore how often the analyses under paragraphs (1) and (2) should be developed, conducted, managed, and maintained and how the information obtained from those analyses should be presented to the public through the central publication so that the results of the outcome studies can be reviewed by courts, DUI service providers, and any persons interested in DUI treatment or intervention services.

(4) The Committee shall identify and formulate an auditing process to collect the necessary information needed to conduct the analyses under paragraphs (1) and (2) and to confirm the information collected, all of which shall be contained within the central publication consistent with the investigatory and auditing authority of the Department under 77 Ill. Adm. Code 2060.335.

(5) At the same time as the auditing and collections are conducted as provided in paragraph (5), the Committee shall be responsible for collecting follow-up data from the Secretary of State on the driving records of persons who have committed repeated violations of Section 11-501 of the Illinois Vehicle Code.

(6) The Committee shall be responsible for deciding the scope of information to include in the central publication with respect to resources a DUI service provider has available for clients and the various issues clients face regarding access to care, including, but not limited to:

(A) the availability of psychiatrists or medical practitioners;

(B) costs charged for providing services;

(C) the level of difficulty individuals have with gaining access to facilities and the reasons thereof;

(D) transportation issues or costs;

(E) multilingual capabilities or barriers to communicating and effectively teaching those who speak a different language; and

(F) access to care for those who are persons with an intellectual or physical disability or persons who require additional accommodations.

(7) The Committee shall develop a standardized method or process by which a court may consult and collaborate with a DUI service provider whose program of DUI treatment or intervention services fails to meet or adequately address the needs of clients residing within the court's judicial circuit because of a lack of resources or program deficiencies. The method or process shall encourage, but not require, a court to:

(A) notify a DUI service provider of the court's intention to remove the provider from the court's approved-provider list;

(B) specify and discuss those client needs that the DUI services provider has failed to meet or adequately address through its program of treatment or intervention services; and

(C) assist the DUI service provider in remedying program deficiencies.

The standardized method or process may also provide protocols on a corrective plan of action a DUI service provider may take to address the particular client needs or program deficiencies noted by a court during a collaborative consultation, including protocols on: (i) a specific timeline for implementing corrective actions or objectives and (ii) the establishment of evaluation measures to measure such progress. The standardized method or process shall also be accessible to a court that wants to remedy an isolated issue or program deficiency that does not necessitate removing a DUI service provider from the court's approved-provider list. Nothing in this paragraph shall be construed to interfere with a court's discretion as to which DUI service providers to place, retain, or remove from the court's approved-provider list or with any court policies or procedures concerning attraction, retention, or removal of a DUI service provider from a court's approved-provider list.

(8) The Committee shall develop a standard treatment review survey to be administered by the courts and completed by all individuals who complete a professional evaluation and treatment for an alcohol, drug, or intoxicating compound abuse problem as provided under Section 11-501.01 of the Illinois Vehicle Code. The Committee shall determine what questions and subjects will appear in the survey. The Committee shall also determine how best to collect, analyze, interpret, calculate, and summarize for publication in the central publication the aggregate information obtained from the treatment review surveys in order to help courts decide which DUI service providers to retain or remove from their approved-provider lists. Any analysis of the aggregate information obtained from the treatment review surveys shall include calculations of: (i) the average response score and the standard deviation for each questioned item and (ii) the median and mode response values for each questioned item.

Information collected and published in the central publication shall be made accessible to interested persons through a subscriber-based online repository to be established and maintained by the Department. Access codes for the online repository shall be given to courts and DUI service providers. Participating DUI service providers and courts that are interested in accessing the central publication contained in the online repository may be charged a small fee that is no greater than needed to cover administrative costs.

Each DUI service provider shall contribute to the contents of the central publication by providing a description of the types of educational, prevention, intervention, treatment, relapse, and other services and activities offered by the provider to alleviate alcoholism and other drug abuse and dependency.

To facilitate more targeted recruitment of effective DUI service providers, a court may submit for publication in the central publication information that identifies the specific problems, priorities, and needs of persons residing in the court's judicial circuit that concern DUI treatment or intervention services, including the needs of residents who are racial or language minorities or who are from other specific populations. The Committee shall create a process to facilitate courts in submitting such information for publication.

Any additional administrative costs incurred from the maintenance of the central publication or the subscriber-based online repository or from the collection of data from the Secretary of State shall come from a portion of the funds received by each judicial circuit from court costs charged to persons who violate Section 11-501 of the Illinois Vehicle Code.

Section 10. The Illinois Vehicle Code is amended by changing Section 11-501.01 as follows:

(625 ILCS 5/11-501.01)

Sec. 11-501.01. Additional administrative sanctions.

(a) After a finding of guilt and prior to any final sentencing or an order for supervision, for an offense based upon an arrest for a violation of Section 11-501 or a similar provision of a local ordinance, individuals shall be required to undergo a professional evaluation to determine if an alcohol, drug, or intoxicating compound abuse problem exists and the extent of the problem, and undergo the imposition of treatment as appropriate. Programs conducting these evaluations shall be licensed by the Department of Human Services. The cost of any professional evaluation shall be paid for by the individual required to undergo the professional evaluation. Upon completing a professional evaluation and any subsequent treatment as required under this subsection, all individuals shall complete a treatment review survey. All information provided in the treatment review survey by an individual as required under this subsection shall be confidential in accordance with the Confidentiality of Alcohol and Drug Abuse Patient Records regulations (42 CFR 2 (1987)) of the Alcohol, Drug Abuse, and Mental Health Administration of the Public Health Service of the United States Department of Health and Human Services, Article 30 of the Alcoholism and Other Drug Abuse and Dependency Act, and the rules set forth under 77 Ill. Adm. Code 2060.319.

(b) Any person who is found guilty of or pleads guilty to violating Section 11-501, including any person receiving a disposition of court supervision for violating that Section, may be required by the Court to attend a victim impact panel offered by, or under contract with, a county State's Attorney's office, a probation and court services department, Mothers Against Drunk Driving, or the Alliance Against Intoxicated Motorists. All costs generated by the victim impact panel shall be paid from fees collected from the offender or as may be determined by the court.

(c) Every person found guilty of violating Section 11-501, whose operation of a motor vehicle while in violation of that Section proximately caused any incident resulting in an appropriate emergency response, shall be liable for the expense of an emergency response as provided in subsection (i) of this Section.

(d) The Secretary of State shall revoke the driving privileges of any person convicted under Section 11-501 or a similar provision of a local ordinance.

(e) The Secretary of State shall require the use of ignition interlock devices for a period not less than 5 years on all vehicles owned by a person who has been convicted of a second or subsequent offense of Section 11-501 or a similar provision of a local ordinance. The person must pay to the Secretary of State DUI Administration Fund an amount not to exceed $30 for each month that he or she uses the device. The Secretary shall establish by rule and regulation the procedures for certification and use of the interlock system, the amount of the fee, and the procedures, terms, and conditions relating to these fees. During the time period in which a person is required to install an ignition interlock device under this subsection (e), that person shall only operate vehicles in which ignition interlock devices have been installed, except as allowed by subdivision (c)(5) or (d)(5) of Section 6-205 of this Code.

(f) In addition to any other penalties and liabilities, a person who is found guilty of or pleads guilty to violating Section 11-501, including any person placed on court supervision for violating Section 11-501, shall be assessed $750, payable to the circuit clerk, who shall distribute the money as follows: $350 to the law enforcement agency that made the arrest, and $400 shall be forwarded to the State Treasurer for deposit into the General Revenue Fund. If the person has been previously convicted of violating Section 11-501 or a similar provision of a local ordinance, the fine shall be $1,000, and the circuit clerk shall distribute $200 to the law enforcement agency that made the arrest and $800 to the State Treasurer for deposit into the General Revenue Fund. In the event that more than one agency is responsible for the arrest, the amount payable to law enforcement agencies shall be shared equally. Any moneys received by a law enforcement agency under this subsection (f) shall be used for enforcement and prevention of driving while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds or any combination thereof, as defined by Section 11-501 of this Code, including but not limited to the purchase of law enforcement equipment and commodities that will assist in the prevention of alcohol related criminal violence throughout the State; police officer training and education in areas related to alcohol related crime, including but not limited to DUI training; and police officer salaries, including but not limited to salaries for hire back funding for safety checkpoints, saturation patrols, and liquor store sting operations. Any moneys received by the Department of State Police under this subsection (f) shall be deposited into the State Police DUI Fund and shall be used to purchase law enforcement equipment that will assist in the prevention of alcohol related criminal violence throughout the State.

(g) The Secretary of State Police DUI Fund is created as a special fund in the State treasury. All moneys received by the Secretary of State Police under subsection (f) of this Section shall be deposited into the Secretary of State Police DUI Fund and, subject to appropriation, shall be used for enforcement and prevention of driving while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds or any combination thereof, as defined by Section 11-501 of this Code, including but not limited to the purchase of law enforcement equipment and commodities to assist in the prevention of alcohol related criminal violence throughout the State; police officer training and education in areas related to alcohol related crime, including but not limited to DUI training; and police officer salaries, including but not limited to salaries for hire back funding for safety checkpoints, saturation patrols, and liquor store sting operations.

(h) Whenever an individual is sentenced for an offense based upon an arrest for a violation of Section 11-501 or a similar provision of a local ordinance, and the professional evaluation recommends remedial or rehabilitative treatment or education, neither the treatment nor the education shall be the sole disposition and either or both may be imposed only in conjunction with another disposition. The court shall monitor compliance with any remedial education or treatment recommendations contained in the professional evaluation. Programs conducting alcohol or other drug evaluation or remedial education must be licensed by the Department of Human Services. If the individual is not a resident of Illinois, however, the court may accept an alcohol or other drug evaluation or remedial education program in the individual's state of residence. Programs providing treatment must be licensed under existing applicable alcoholism and drug treatment licensure standards.

(i) In addition to any other fine or penalty required by law, an individual convicted of a violation of Section 11-501, Section 5-7 of the Snowmobile Registration and Safety Act, Section 5-16 of the Boat Registration and Safety Act, or a similar provision, whose operation of a motor vehicle, snowmobile, or watercraft while in violation of Section 11-501, Section 5-7 of the Snowmobile Registration and Safety Act, Section 5-16 of the Boat Registration and Safety Act, or a similar provision proximately caused an incident resulting in an appropriate emergency response, shall be required to make restitution to a public agency for the costs of that emergency response. The restitution may not exceed $1,000 per public agency for each emergency response. As used in this subsection (i), "emergency response" means any incident requiring a response by a police officer, a firefighter carried on the rolls of a regularly constituted fire department, or an ambulance. With respect to funds designated for the Department of State Police, the moneys shall be remitted by the circuit court clerk to the State Police within one month after receipt for deposit into the State Police DUI Fund. With respect to funds designated for the Department of Natural Resources, the Department of Natural Resources shall deposit the moneys into the Conservation Police Operations Assistance Fund.

(j) A person that is subject to a chemical test or tests of blood under subsection (a) of Section 11-501.1 or subdivision (c)(2) of Section 11-501.2 of this Code, whether or not that person consents to testing, shall be liable for the expense up to $500 for blood withdrawal by a physician authorized to practice medicine, a licensed physician assistant, a licensed advanced practice nurse, a registered nurse, a trained phlebotomist, a licensed paramedic, or a qualified person other than a police officer approved by the Department of State Police to withdraw blood, who responds, whether at a law enforcement facility or a health care facility, to a police department request for the drawing of blood based upon refusal of the person to submit to a lawfully requested breath test or probable cause exists to believe the test would disclose the ingestion, consumption, or use of drugs or intoxicating compounds if:

(1) the person is found guilty of violating Section 11-501 of this Code or a similar provision of a local ordinance; or

(2) the person pleads guilty to or stipulates to facts supporting a violation of Section 11-503 of this Code or a similar provision of a local ordinance when the plea or stipulation was the result of a plea agreement in which the person was originally charged with violating Section 11-501 of this Code or a similar local ordinance.

(Source: P.A. 98-292, eff. 1-1-14; 98-463, eff. 8-16-13; 98-973, eff. 8-15-14; 99-289, eff. 8-6-15; 99-296, eff. 1-1-16; 99-642, eff. 7-28-16.)

Section 99. Effective date. This Act takes effect upon becoming law.