100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB1745

 

Introduced 2/9/2017, by Sen. William R. Haine

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 301/1-10
20 ILCS 301/25-15
20 ILCS 301/55-10

    Amends the Alcoholism and Other Drug Abuse and Dependency Act. Redefines "detoxification" as the process of allowing an individual to safely withdraw or sober from a drug or alcohol in a controlled environment, including a treatment or law enforcement facility (rather than the process of allowing an individual to safely withdraw from a drug in a controlled environment). Provides that a person who appears to be an intoxicated person and who may be a danger to himself, herself, or others shall be taken into protective custody by police for detoxification at the police station. Provides that the police, in detaining the intoxicated person, shall take him or her into protective custody only, which does not constitute an arrest; and that no entry or other record shall be made to indicate that the person has been arrested or charged with a crime. Provides that a police officer may request that a person provide a sample of his or her breath for a preliminary breath screening test using an approved portable device. Provides that the results of the preliminary breath screening test may be used by the police officer only for assisting with the determination of whether the person is an intoxicated person and shall not be used as evidence in a court proceeding. Defines "protective custody". Exempts a police officer from civil or criminal liability for acting in good faith and without negligence in connection with certain actions, including the detention or discharge or the taking into protective custody of an individual under the Act.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB1745LRB100 09236 KTG 19392 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Alcoholism and Other Drug Abuse and
5Dependency Act is amended by changing Sections 1-10, 25-15, and
655-10 as follows:
 
7    (20 ILCS 301/1-10)
8    Sec. 1-10. Definitions. As used in this Act, unless the
9context clearly indicates otherwise, the following words and
10terms have the following meanings:
11    "Act" means the Alcoholism and Other Drug Abuse and
12Dependency Act.
13    "Addict" means a person who exhibits the disease known as
14"addiction".
15    "Addiction" means a disease process characterized by the
16continued use of a specific psycho-active substance despite
17physical, psychological or social harm. The term also describes
18the advanced stages of chemical dependency.
19    "Administrator" means a person responsible for
20administration of a program.
21    "Alcoholic" means a person who exhibits the disease known
22as "alcoholism".
23    "Alcoholism" means a chronic and progressive disease or

 

 

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1illness characterized by preoccupation with and loss of control
2over the consumption of alcohol, and the use of alcohol despite
3adverse consequences. Typically, combinations of the following
4tendencies are also present: periodic or chronic intoxication;
5physical disability; impaired emotional, occupational or
6social adjustment; tendency toward relapse; a detrimental
7effect on the individual, his family and society; psychological
8dependence; and physical dependence. Alcoholism is also known
9as addiction to alcohol. Alcoholism is described and further
10categorized in clinical detail in the DSM and the ICD.
11    "Array of services" means assistance to individuals,
12families and communities in response to alcohol or other drug
13abuse or dependency. The array of services includes, but is not
14limited to: prevention assistance for communities and schools;
15case finding, assessment and intervention to help individuals
16stop abusing alcohol or other drugs; a uniform screening,
17assessment, and evaluation process including criteria for
18substance use disorders and mental disorders or co-occurring
19substance use and mental health disorders; case management;
20detoxification to aid individuals in physically withdrawing
21from alcohol or other drugs; short-term and long-term treatment
22and support services to help individuals and family members
23begin the process of recovery; prescription and dispensing of
24the drug methadone or other medications as an adjunct to
25treatment; relapse prevention services; education and
26counseling for children or other co-dependents of alcoholics or

 

 

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1other drug abusers or addicts. For purposes of this Section, a
2uniform screening, assessment, and evaluation process refers
3to a process that includes an appropriate evaluation and, as
4warranted, a referral. "Uniform" does not mean the use of a
5singular instrument, tool, or process that all must utilize.
6    "Case management" means those services which will assist
7individuals in gaining access to needed social, educational,
8medical, treatment and other services.
9    "Children of alcoholics or drug addicts or abusers of
10alcohol and other drugs" means the minor or adult children of
11individuals who have abused or been dependent upon alcohol or
12other drugs. These children may or may not become dependent
13upon alcohol or other drugs themselves; however, they are
14physically, psychologically, and behaviorally at high risk of
15developing the illness. Children of alcoholics and other drug
16abusers experience emotional and other problems, and benefit
17from prevention and treatment services provided by funded and
18non-funded agencies licensed by the Department.
19    "Co-dependents" means individuals who are involved in the
20lives of and are affected by people who are dependent upon
21alcohol and other drugs. Co-dependents compulsively engage in
22behaviors that cause them to suffer adverse physical,
23emotional, familial, social, behavioral, vocational, and legal
24consequences as they attempt to cope with the alcohol or drug
25dependent person. People who become co-dependents include
26spouses, parents, siblings, and friends of alcohol or drug

 

 

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1dependent people. Co-dependents benefit from prevention and
2treatment services provided by agencies licensed by the
3Department.
4    "Controlled substance" means any substance or immediate
5precursor which is enumerated in the schedules of Article II of
6the Illinois Controlled Substances Act or the Cannabis Control
7Act.
8    "Crime of violence" means any of the following crimes:
9murder, voluntary manslaughter, criminal sexual assault,
10aggravated criminal sexual assault, predatory criminal sexual
11assault of a child, armed robbery, robbery, arson, kidnapping,
12aggravated battery, aggravated arson, or any other felony which
13involves the use or threat of physical force or violence
14against another individual.
15    "Department" means the Illinois Department of Human
16Services as successor to the former Department of Alcoholism
17and Substance Abuse.
18    "Designated program" means a program designated by the
19Department to provide services described in subsection (c) or
20(d) of Section 15-10 of this Act. A designated program's
21primary function is screening, assessing, referring and
22tracking clients identified by the criminal justice system, and
23the program agrees to apply statewide the standards, uniform
24criteria and procedures established by the Department pursuant
25to such designation.
26    "Detoxification" means the process of allowing an

 

 

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1individual to safely withdraw or sober from a drug or alcohol
2in a controlled environment, including a treatment or law
3enforcement facility.
4    "DSM" means the most current edition of the Diagnostic and
5Statistical Manual of Mental Disorders.
6    "D.U.I." means driving under the influence of alcohol or
7other substances which may cause impairment of driving ability.
8    "Facility" means the building or premises which are used
9for the provision of licensable program services, including
10support services, as set forth by rule.
11    "ICD" means the most current edition of the International
12Classification of Diseases.
13    "Incapacitated" means that a person is unconscious or
14otherwise exhibits, by overt behavior or by extreme physical
15debilitation, an inability to care for his own needs or to
16recognize the obvious danger of his situation or to make
17rational decisions with respect to his need for treatment.
18    "Intermediary person" means a person with expertise
19relative to addiction, alcoholism, and the abuse of alcohol or
20other drugs who may be called on to assist the police in
21carrying out enforcement or other activities with respect to
22persons who abuse or are dependent on alcohol or other drugs.
23    "Intervention" means readily accessible activities which
24assist individuals and their partners or family members in
25coping with the immediate problems of alcohol and other drug
26abuse or dependency, and in reducing their alcohol and other

 

 

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1drug use. Intervention can facilitate emotional and social
2stability, and involves referring people for further treatment
3as needed.
4    "Intoxicated person" means a person whose mental or
5physical functioning is substantially impaired as a result of
6the current effects of alcohol or other drugs within the body.
7    "Local advisory council" means an alcohol and substance
8abuse body established in a county, township or community area,
9which represents public and private entities having an interest
10in the prevention and treatment of alcoholism or other drug
11abuse.
12    "Off-site services" means licensable program services or
13activities which are conducted at a location separate from the
14primary service location of the provider, and which services
15are operated by a program or entity licensed under this Act.
16    "Person" means any individual, firm, group, association,
17partnership, corporation, trust, government or governmental
18subdivision or agency.
19    "Prevention" means an interactive process of individuals,
20families, schools, religious organizations, communities and
21regional, state and national organizations to reduce
22alcoholism, prevent the use of illegal drugs and the abuse of
23legal drugs by persons of all ages, prevent the use of alcohol
24by minors, build the capacities of individuals and systems, and
25promote healthy environments, lifestyles and behaviors.
26    "Program" means a licensable or fundable activity or

 

 

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1service, or a coordinated range of such activities or services,
2as the Department may establish by rule.
3    "Recovery" means the long-term, often life-long, process
4in which an addicted person changes the way in which he makes
5decisions and establishes personal and life priorities. The
6evolution of this decision-making and priority-setting process
7is generally manifested by an obvious improvement in the
8individual's life and lifestyle and by his overcoming the abuse
9of or dependence on alcohol or other drugs. Recovery is also
10generally manifested by prolonged periods of abstinence from
11addictive chemicals which are not medically supervised.
12Recovery is the goal of treatment.
13    "Rehabilitation" means a process whereby those clinical
14services necessary and appropriate for improving an
15individual's life and lifestyle and for overcoming his or her
16abuse of or dependency upon alcohol or other drugs, or both,
17are delivered in an appropriate setting and manner as defined
18in rules established by the Department.
19    "Relapse" means a process which is manifested by a
20progressive pattern of behavior that reactivates the symptoms
21of a disease or creates debilitating conditions in an
22individual who has experienced remission from addiction or
23alcoholism.
24    "Secretary" means the Secretary of Human Services or his or
25her designee.
26    "Substance abuse" or "abuse" means a pattern of use of

 

 

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1alcohol or other drugs with the potential of leading to
2immediate functional problems or to alcoholism or other drug
3dependency, or to the use of alcohol and/or other drugs solely
4for purposes of intoxication. The term also means the use of
5illegal drugs by persons of any age, and the use of alcohol by
6persons under the age of 21.
7    "Treatment" means the broad range of emergency,
8outpatient, intermediate and residential services and care
9(including assessment, diagnosis, medical, psychiatric,
10psychological and social services, care and counseling, and
11aftercare) which may be extended to individuals who abuse or
12are dependent on alcohol or other drugs or families of those
13persons.
14(Source: P.A. 97-1061, eff. 8-24-12.)
 
15    (20 ILCS 301/25-15)
16    Sec. 25-15. Emergency treatment and protective custody.
17    (a) An intoxicated person may come voluntarily to a
18treatment facility for emergency treatment. A person who
19appears to be intoxicated in a public place and who may be a
20danger to himself or others may be assisted to his home, a
21treatment facility or other health facility either directly by
22the police or through an intermediary person.
23    (b) A person who appears to be unconscious or in immediate
24need of emergency medical services while in a public place and
25who shows symptoms of impairment brought on by alcoholism or

 

 

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1other drug abuse or dependency may be taken into protective
2custody by the police and forthwith brought to an emergency
3medical service. A person who is otherwise incapacitated while
4in a public place and who shows symptoms of alcoholism or other
5drug abuse or dependency may be taken into custody and
6forthwith brought to a facility available for detoxification.
7The police in detaining the person shall take him into
8protective custody only, which shall not constitute an arrest.
9No entry or other record shall be made to indicate that the
10person has been arrested or charged with a crime. The detaining
11officer may take reasonable steps to protect himself from harm.
12    (c) A person who appears to be an intoxicated person, as
13defined under Section 1-10 of this Act, and who may be a danger
14to himself, herself, or others shall be taken into protective
15custody by police for the purpose of detoxification at the
16police station. The police, in detaining the intoxicated
17person, shall take him or her into protective custody only,
18which shall not constitute an arrest. No entry or other record
19shall be made to indicate that the person has been arrested or
20charged with a crime. The detaining officer may take reasonable
21steps to protect himself or herself from harm.
22    A police officer may request that a person provide a sample
23of his or her breath for a preliminary breath screening test
24using a portable device approved by the Illinois State Police.
25The results of this preliminary breath screening test may be
26used by the police officer only for the purpose of assisting

 

 

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1with the determination of whether the person is an intoxicated
2person and shall not be used as evidence in a court proceeding.
3The police officer shall advise the person that the results of
4the test cannot be used as evidence in a court proceeding and
5that he or she has the right to refuse the test. As used in this
6Section, "protective custody" means medical services or
7detoxification.
8(Source: P.A. 88-80.)
 
9    (20 ILCS 301/55-10)
10    Sec. 55-10. Immunity from civil or criminal liability. No
11intermediary person or police officer acting in good faith and
12without negligence in connection with the preparation of
13petitions, applications, certificates or other documents for
14apprehension, transportation, examination, treatment,
15detention or discharge or the taking into protective custody of
16an individual under the provisions of this Act shall incur any
17civil or criminal liability by reason of these acts.
18(Source: P.A. 88-80.)