Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau
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EXECUTIVE BRANCH20 ILCS 301/Art. 1
(20 ILCS 301/) Alcoholism and Other Drug Abuse and Dependency Act.
(20 ILCS 301/Art. 1 heading)
20 ILCS 301/1-1
(20 ILCS 301/1-1)
This Act may be cited as the
Alcoholism and Other Drug Abuse and Dependency Act.
(Source: P.A. 88-80.)
20 ILCS 301/1-5
(20 ILCS 301/1-5)
The abuse and misuse of alcohol and
other drugs constitutes a serious public health problem the effects of which on
public safety and the criminal justice system cause serious social and economic
losses, as well as great human suffering. It is imperative that a
comprehensive and coordinated strategy be developed under the leadership of a
State agency and implemented through the facilities of federal and local
government and community-based agencies (which may be public or private,
volunteer or professional) to empower individuals and communities through local
prevention efforts and to provide intervention, treatment, rehabilitation and
other services to those who misuse alcohol or other drugs (and, when
appropriate, the families of those persons) to lead healthy and drug-free lives
and become productive citizens in the community.
The human, social, and economic benefits of preventing alcohol and other
drug abuse and dependence are great, and it is imperative that there be
interagency cooperation in the planning and delivery of alcohol and other drug
abuse prevention, intervention, and treatment efforts in Illinois.
The provisions of this Act shall be liberally construed to enable the
Department to carry out these objectives and purposes.
(Source: P.A. 88-80.)
20 ILCS 301/1-10
(20 ILCS 301/1-10)
As used in this Act, unless the context clearly
indicates otherwise, the following words and terms have the following meanings:
"Act" means the Alcoholism and Other Drug Abuse and Dependency Act.
"Addict" means a person who exhibits the disease known as "addiction".
"Addiction" means a disease process characterized by the continued use of a
specific psycho-active substance despite physical, psychological or social
harm. The term also describes the advanced stages of chemical dependency.
"Administrator" means a person responsible for administration of a program.
"Alcoholic" means a person who exhibits the disease known as "alcoholism".
"Alcoholism" means a chronic and progressive disease or illness
characterized by preoccupation with and loss of control over the consumption of
alcohol, and the use of alcohol despite adverse consequences. Typically,
combinations of the following tendencies are also present: periodic or chronic
intoxication; physical disability; impaired emotional, occupational or social
adjustment; tendency toward relapse; a detrimental effect on the individual,
his family and society; psychological dependence; and physical dependence.
Alcoholism is also known as addiction to alcohol. Alcoholism is described and
further categorized in clinical detail in the DSM and the ICD.
"Array of services" means assistance to individuals, families and communities
in response to alcohol or other drug abuse or dependency. The array of
services includes, but is not limited to: prevention assistance for communities
and schools; case finding, assessment and intervention to help individuals stop
abusing alcohol or other drugs; a uniform screening, assessment, and evaluation process including criteria for substance use disorders and mental disorders or co-occurring substance use and mental health disorders; case management; detoxification to aid
individuals in physically withdrawing from alcohol or other drugs; short-term
and long-term treatment and support services to help individuals and family
members begin the process of recovery; prescription and dispensing of the drug
methadone or other medications as an adjunct to treatment; relapse prevention
services; education and counseling for children or other co-dependents of
alcoholics or other drug abusers or addicts. For purposes of this Section, a uniform screening, assessment, and evaluation process refers to a process that includes an appropriate evaluation and, as warranted, a referral. "Uniform" does not mean the use of a singular instrument, tool, or process that all must utilize.
"Case management" means those services which will assist individuals in
gaining access to needed social, educational, medical, treatment and other
"Children of alcoholics or drug addicts or abusers of alcohol and other
drugs" means the minor or adult children of individuals who have abused or been
dependent upon alcohol or other drugs. These children may or may not become
dependent upon alcohol or other drugs themselves; however, they are physically,
psychologically, and behaviorally at high risk of developing the illness.
Children of alcoholics and other drug abusers experience emotional and other
problems, and benefit from prevention and treatment services provided by funded
and non-funded agencies licensed by the Department.
"Co-dependents" means individuals who are involved in the lives of and are
affected by people who are dependent upon alcohol and other drugs.
Co-dependents compulsively engage in behaviors that cause them to suffer
adverse physical, emotional, familial, social, behavioral, vocational, and
legal consequences as they attempt to cope with the alcohol or drug dependent
person. People who become co-dependents include spouses, parents, siblings,
and friends of alcohol or drug dependent people. Co-dependents benefit from
prevention and treatment services provided by agencies licensed by the
"Controlled substance" means any substance or immediate precursor which is
enumerated in the schedules of Article II of the Illinois Controlled Substances
Act or the Cannabis Control Act.
"Crime of violence" means any of the following crimes: murder, voluntary
manslaughter, criminal sexual assault, aggravated criminal sexual assault,
predatory criminal sexual assault of a child,
armed robbery, robbery, arson, kidnapping, aggravated battery, aggravated
arson, or any
other felony which involves the use or threat of physical force or violence
against another individual.
"Department" means the Illinois Department of Human Services as successor to
the former Department of Alcoholism and Substance Abuse.
"Designated program" means a program designated by the Department to provide
services described in subsection (c) or (d) of Section 15-10 of this Act.
designated program's primary function is screening, assessing, referring and
tracking clients identified by the criminal justice system, and the program
agrees to apply statewide the standards, uniform criteria and procedures
established by the Department pursuant to such designation.
"Detoxification" means the process of allowing an individual to safely
withdraw from a drug in a controlled environment.
"DSM" means the most current edition of the Diagnostic and Statistical
Manual of Mental Disorders.
"D.U.I." means driving under the influence of alcohol or other substances
which may cause impairment of driving ability.
"Facility" means the building or premises which are used for the provision
of licensable program services, including support services, as set forth by
"ICD" means the most current edition of the International Classification of
"Incapacitated" means that a person is unconscious or otherwise exhibits, by
overt behavior or by extreme physical debilitation, an inability to care for
his own needs or to recognize the obvious danger of his situation or to make
rational decisions with respect to his need for treatment.
"Intermediary person" means a person with expertise relative to addiction,
alcoholism, and the abuse of alcohol or other drugs who may be called on to
assist the police in carrying out enforcement or other activities with respect
to persons who abuse or are dependent on alcohol or other drugs.
"Intervention" means readily accessible activities which assist individuals
and their partners or family members in coping with the immediate problems of
alcohol and other drug abuse or dependency, and in reducing their alcohol and
other drug use. Intervention can facilitate emotional and social stability, and
involves referring people for further treatment as needed.
"Intoxicated person" means a person whose mental or physical functioning is
substantially impaired as a result of the current effects of alcohol or other
drugs within the body.
"Local advisory council" means an alcohol and substance abuse body
established in a county, township or community area, which represents public
and private entities having an interest in the prevention and treatment of
alcoholism or other drug abuse.
"Off-site services" means licensable program services or activities which are
conducted at a location separate from the primary service location of the
provider, and which services are operated by a program or entity licensed under
"Person" means any individual, firm, group, association, partnership,
corporation, trust, government or governmental subdivision or agency.
"Prevention" means an interactive process of individuals, families, schools,
religious organizations, communities and regional, state and national
organizations to reduce alcoholism, prevent the use of illegal drugs and the
abuse of legal drugs by persons of all ages, prevent the use of alcohol by
minors, build the capacities of individuals and systems, and promote healthy
environments, lifestyles and behaviors.
"Program" means a licensable or fundable activity or service, or a
coordinated range of such activities or services, as the Department may
establish by rule.
"Recovery" means the long-term, often life-long, process in which an addicted
person changes the way in which he makes decisions and establishes personal and
life priorities. The evolution of this decision-making and priority-setting
process is generally manifested by an obvious improvement in the individual's
life and lifestyle and by his overcoming the abuse of or
dependence on alcohol or other drugs. Recovery is also generally manifested by
prolonged periods of abstinence from addictive chemicals which are not
medically supervised. Recovery is the goal of treatment.
"Rehabilitation" means a process whereby those clinical services necessary
and appropriate for improving an individual's life and lifestyle and for
overcoming his or her abuse of or dependency upon alcohol or other drugs, or
both, are delivered in an appropriate setting and manner as defined in rules
established by the Department.
"Relapse" means a process which is manifested by a progressive pattern of
behavior that reactivates the symptoms of a disease or creates debilitating
conditions in an individual who has experienced remission from addiction or
"Secretary" means the Secretary of Human Services or his or her designee.
"Substance abuse" or "abuse" means a pattern of use of alcohol or other drugs
with the potential of leading to immediate functional problems or to alcoholism
or other drug dependency, or to the use of alcohol and/or other drugs solely
for purposes of intoxication. The term also means the use of illegal drugs by
persons of any age, and the use of alcohol by persons under the age of 21.
"Treatment" means the broad range of emergency, outpatient, intermediate
and residential services and care (including assessment, diagnosis, medical,
psychiatric, psychological and social services, care and counseling, and
aftercare) which may be extended to individuals who abuse or are dependent
on alcohol or other drugs or families of those persons.
(Source: P.A. 97-1061, eff. 8-24-12.)