(20 ILCS 301/Art. 55 heading)
MISCELLANEOUS PROVISIONS
(20 ILCS 301/55-5)
Sec. 55-5.
Application of Administrative Procedure Act.
The Illinois
Administrative Procedure Act is incorporated herein as if all of its provisions
were included in this Act.
(Source: P.A. 88-80.)
(20 ILCS 301/55-10)
Sec. 55-10.
Immunity from civil or criminal liability.
No intermediary
person acting in good faith and without negligence in connection with the
preparation of petitions, applications, certificates or other documents for
apprehension, transportation, examination, treatment, detention or discharge or
the taking into protective custody of an individual under the provisions of
this Act shall incur any civil or criminal liability by reason of these acts.
(Source: P.A. 88-80.)
(20 ILCS 301/55-15)
Sec. 55-15.
Intoxication; local ordinances.
No county, municipality or
political subdivision may adopt or enforce any law that includes being
intoxicated as the sole basis of the offense, nor interpret or apply any law to
circumvent the provisions of this Section. However, nothing in this Section
affects any law, ordinance, resolution or rule against driving under the
influence of alcohol or other drugs, or any similar offense involving operation
of a vehicle, aircraft, boat, machinery, or the use of firearms or other
equipment. Nothing in this Section affects any law regarding the sale,
purchase, use, possession or dispensing of drugs or alcohol at stated places,
at stated times or by particular classes of persons.
(Source: P.A. 88-80.)
(20 ILCS 301/55-20)
Sec. 55-20.
Direct deposit of State payments.
Any provider of services
under this Act may elect to receive payment for those services, and the
Department is authorized to arrange for that payment, by means of direct
deposit transmittals to the service provider’s account maintained at a bank,
savings and loan association, or other financial institution. The financial
institution must be approved by the Department, and the deposits shall be in
accordance with rules adopted by the Department.
(Source: P.A. 88-80.)
(20 ILCS 301/55-25)
Sec. 55-25. Drug court grant program.
(a) Subject to appropriation, the Department shall establish a program to administer grants to local drug courts. Grant moneys may be used for the following purposes:
- (1) treatment or other clinical intervention through an appropriately licensed provider;
- (2) monitoring, supervision, and clinical case management via probation, Department Designated Programs, or licensed treatment providers;
- (3) transportation of the offender to required appointments;
- (4) interdisciplinary and other training of both clinical and legal professionals who are involved in the local drug court;
- (5) other activities including data collection related to drug court operation and purchase of software or other administrative tools to assist in the overall management of the local system; or
- (6) court appointed special advocate programs.
(b) The position of Statewide Drug Court Coordinator is created as a full-time position within the Department. The Statewide Drug Court Coordinator shall be responsible for the following:
- (1) coordinating training, technical assistance, and overall support to drug courts in Illinois;
- (2) assisting in the development of new drug courts and advising local partnerships on appropriate practices;
- (3) collecting data from local drug court partnerships on drug court operations and aggregating that data into an annual report to be presented to the General Assembly; and
- (4) acting as a liaison between the State and the Illinois Association of Drug Court Professionals.
(Source: P.A. 100-759, eff. 1-1-19.)
(20 ILCS 301/55-30)
Sec. 55-30. Rate increase.
(a) The Department shall by rule develop the increased rate methodology and annualize the increased rate beginning with State fiscal year 2018 contracts to licensed providers of community-based substance use disorder intervention or treatment, based on the additional amounts appropriated for the purpose of providing a rate increase to licensed providers. The Department shall adopt rules, including emergency rules under subsection (y) of Section 5-45 of the Illinois Administrative Procedure Act, to implement the provisions of this Section.
(b) (Blank).
(c) Beginning on July 1, 2022, the Division of Substance
Use Prevention and Recovery shall increase reimbursement rates
for all community-based substance use disorder treatment and
intervention services by 47%, including, but not limited to, all of the following:
- (1) Admission and Discharge Assessment.
- (2) Level 1 (Individual).
- (3) Level 1 (Group).
- (4) Level 2 (Individual).
- (5) Level 2 (Group).
- (6) Case Management.
- (7) Psychiatric Evaluation.
- (8) Medication Assisted Recovery.
- (9) Community Intervention.
- (10) Early Intervention (Individual).
- (11) Early Intervention (Group).
Beginning in State Fiscal Year 2023, and every State fiscal year thereafter,
reimbursement rates for those
community-based substance use disorder treatment and
intervention services shall be adjusted upward by an amount
equal to the Consumer Price Index-U from the previous year,
not to exceed 2% in any State fiscal year. If there is a decrease
in the Consumer Price Index-U, rates shall remain unchanged
for that State fiscal year. The Department shall adopt rules,
including emergency rules in accordance with the Illinois Administrative Procedure Act, to implement the provisions
of this Section.
As used in this subsection, “consumer price
index-u” means the index published by the Bureau of Labor
Statistics of the United States Department of Labor that
measures the average change in prices of goods and services
purchased by all urban consumers, United States city average,
all items, 1982-84 = 100.
(Source: P.A. 101-81, eff. 7-12-19; 102-699, eff. 4-19-22.)
(20 ILCS 301/55-35)
Sec. 55-35. Tobacco enforcement.
(a) The Department of Human Services may contract with the Food and Drug Administration of the U.S. Department of Health and Human Services to conduct unannounced investigations of Illinois tobacco vendors to determine compliance with federal laws relating to the illegal sale of cigarettes and smokeless tobacco products to persons under the age of 18.
(b) Grant funds received from the Food and Drug Administration of the U.S. Department of Health and Human Services for conducting unannounced investigations of Illinois tobacco vendors shall be deposited into the Tobacco Settlement Recovery Fund starting July 1, 2018.
(Source: P.A. 100-1012, eff. 8-21-18; 101-81, eff. 7-12-19.)
(20 ILCS 301/55-36)
Sec. 55-36. Compliance checks; tobacco retailers.
(a) Definitions. As used in this Section:
“Alternative nicotine product” has the meaning ascribed to that term in Section 1 of the Prevention of Tobacco Use by
Persons under 21 Years of Age and Sale and Distribution of
Tobacco Products Act.
“E-cigarette” has the meaning ascribed to the term “electronic cigarette” in Section 10-5 of the Tobacco Products Tax Act of 1995.
“Retailer” has the meaning ascribed to that term in Section 10-5 of the Tobacco Products Tax Act of 1995.
(b) As a means to reduce the consumption of tobacco products, alternative nicotine products, and e-cigarettes by persons under 21 years of age, the Department may conduct compliance checks of retailers to investigate whether such retailers are selling tobacco products, alternative nicotine products, or e-cigarettes to persons under 21 years of age in violation of the Prevention of Tobacco Use by Persons under 21 Years of Age and Sale and Distribution of Tobacco Products Act. Compliance checks may be conducted by underage individuals under the supervision of local law enforcement and the Illinois State Police. The Illinois State Police shall communicate with local police departments and sheriffs’ departments to ensure coordination and collaboration and to ensure its efforts do not duplicate any local compliance check activities. Underage individuals who purchase tobacco products, alternative nicotine products, or e-cigarettes while conducting supervised compliance checks shall not be in violation of any local or State laws pertaining to underage tobacco purchase or possession.
(Source: P.A. 102-576, eff. 1-1-22.)
(20 ILCS 301/55-40)
Sec. 55-40. Recovery residences.
(a) As used in this Section, “recovery residence” means a sober, safe, and healthy living environment that promotes recovery from alcohol and other drug use and associated problems. These residences are not subject to Department licensure as they are viewed as independent living residences that only provide peer support and a lengthened exposure to the culture of recovery.
(b) The Department shall develop and maintain an online registry for recovery residences that operate in Illinois to serve as a resource for individuals seeking continued recovery assistance.
(c) Non-licensable recovery residences are encouraged to register with the Department and the registry shall be publicly available through online posting.
(d) The registry shall indicate any accreditation, certification, or licensure that each recovery residence has received from an entity that has developed uniform national standards. The registry shall also indicate each recovery residence’s location in order to assist providers and individuals in finding alcohol and drug free housing options with like-minded residents who are committed to alcohol and drug free living.
(e) Registrants are encouraged to seek national accreditation from any entity that has developed uniform State or national standards for recovery residences.
(f) The Department shall include a disclaimer on the registry that states that the recovery residences are not regulated by the Department and their listing is provided as a resource but not as an endorsement by the State.
(Source: P.A. 100-1062, eff. 1-1-19; 101-81, eff. 7-12-19.)