This amendment authorizes a community mental health board to enter intro multiple-year contracts with respect to the provision of services and the employment of personnel. Removes a reference to the use of funds made available under the Federal, State and Local Fiscal Assistance Act of 1972. Replaces provisions concerning a board’s power to acquire real property. Authorizes a board to organize a not-for-profit corporation for certain purposes.

The amendment requires that the sponsor of a bill or amendment that amends the Mental Health and Developmental Disabilities Code or the Developmental Disability and Mental Disability Services Act present a fiscal note prepared by the Department of Human Services estimating the bill’s or amendment’s effect upon community agencies.

This amendment provides that records and communications of a recipient may be disclosed when disclosure is necessary to collect sums or receive third party payment representing charges for mental health or developmental disabilities services provided by a therapist or agency to a recipient. Provides that disclosure is limited to information needed to pursue collection and the information may not be used for any other purposes nor may it be redisclosed except in connection with collection activities.
It further provides that whenever records are disclosed for the purposes of collecting sums or receiving third party payment for charges for mental health or developmental disabilities services provided by a therapist or agency, the recipient of the records shall be advised in writing that any person who discloses mental health records and communications in violation of the Act is subject to the civil and criminal penalties provided for in the Act.

These amendments to the Act include many revisions to provisions including removing the restriction that required every member, partner or employee to hold a valid license under this Act in order for the partnership or association to be licensed; provides that the Board may compel an applicant or licensee who has possibly violated the Act to submit to a mental and physical examination; if a person who is unable to practice due to violations of the Act refuses to submit to care, counseling or treatment, the Board may recommend that a complaint be filed to suspend or revoke their license; makes changes in provisions concerning definitions, the exemption for students, interns and residents, unlicensed practice, qualifications for a license and the Professional Counselor Examining and Disciplinary Board. It also adds to the grounds for discipline under the Act for those persons rendering professional counseling or clinical professional counseling services without a license or practicing outside the scope of a license and clinical supervisors failing to adequately and responsibly monitor supervisees. Further, it amends the Regulatory Sunset Act by changing the repeal date from December 31, 2002 to January 1, 2013.

The amendment provides that upon request of a peace officer prosecuting authority who has a valid forcible felony warrant issued, a facility director shall disclose: (1) whether the person who is the subject of the warrant is present at the facility and (2) the date of that person’s discharge or future discharge from the facility.

This amendment provides that, if the public guardian is appointed guardian of a disabled adult and the estate of the disabled adult is reduced to less than $25,000, the court may, upon petition, notice, and approval of a final accounting, discharge the public guardian and transfer the guardianship to the State guardian. It also provides that the public guardian shall submit to the court affidavits concerning the services the public guardian has provided for the benefit of a ward. Provides that the public guardian may petition the court for the payment of reasonable and appropriate fees on not less than a quarterly basis, or sooner as approved by the court. Provides that, when the public guardian is appointed temporary guardian of a disabled adult under an emergency petition and the court finds that the immediate establishment of a temporary guardianship is necessary to protect the disabled adult’s health, welfare, or estate, the public guardian is entitled to reasonable and appropriate fees for the period of temporary guardianship, including fees directly associated with establishing temporary guardianship.

This amendment adds a subsection to the portion of the Act regarding prohibited sales and possession which makes it a Class A misdemeanor for any person to have alcoholic liquor in their possession on public school district property on school days when school is in session unless the seal on the alcoholic liquor is unbroken and the person is not otherwise legally prohibited from possessing the same or the alcoholic liquor is for a school board authorized religious service or ceremony.

This Act permits the Chief Judge of a judicial circuit to establish a drug court program for minors including the format under which it operates. Provides that in judicial circuits that have such a program, a minor who has a substance abuse problem and who is subject to a delinquency proceeding may with the consent of the prosecution and the minor and with the approval of the court be admitted into a drug court program. Excludes from the program: (1) a minor charged with a crime of violence within the past 10 years, excluding incarceration time; (2) a minor who denies his or her use of or addiction to drugs; or (3) a minor who does not demonstrate a willingness to participate in a treatment program. Provides that the drug court program shall include a regimen of graduated requirements and rewards and sanctions, including but not limited to: fines, costs, restitution, public service employment, incarceration of up to 120 days, individual and group therapy, drug analysis testing, close monitoring by the court at a minimum of once every 30 days and supervision of progress, educational or vocational counseling as appropriate, and other requirements necessary to fulfill the drug court program. Provides for revocation and resentencing of the minor who violates the conditions of the program or who engages in criminal conduct rendering the minor unsuitable for the program, or who is not performing satisfactory or who is not benefiting from education, treatment or rehabilitation. This also amends the Juvenile Court Act by permitting the court to allow juveniles to be present or to participate in a court session being held under the Juvenile Drug Court Treatment Act.

The amendment provides that any person who is not licensed to sell alcoholic liquor under the Act and knowingly sells or dispenses or facilitates the dispensing of alcoholic liquor to a person under 21 years of age commits a Class 4 felony. It further provides that a person who obtains alcoholic liquor and sells gives or delivers that alcoholic liquor to a person under 21 years of age except as part of a religious ceremony, is guilty of a Class A misdemeanor and the sentence shall include a fine of at least $500 for a first offense and at least $2,000 for a second or subsequent offense. Provides that the person is guilty of a Class 4 felony if a death occurs as a result of the violation.

The amendment provides for the seizure and forfeiture of the vehicle of a person convicted of driving on a revoked or suspended license if the suspension or revocation was the result of a DUI conviction, a conviction for leaving the scene of a personal injury accident, a conviction of reckless homicide, or a statutory summary suspension related to use of alcohol, drugs, or intoxicating compounds. It provides that if the spouse of the owner makes a showing of hardship, and the vehicle is the family’s only source of transportation, the vehicle may be forfeited to the spouse, but such forfeiture is only allowed once per vehicle.

This amendment provides that the penalties for the illegal manufacture or delivery or for the possession with intent to manufacture or deliver one gram or more (rather than 10 or more grams) but less than 15 grams of a substance containing heroin is a Class 1 felony with a maximum fine of $250,000. It also amends the Unified Code of Corrections providing that a person convicted of illegally manufacturing or delivering more than 5 grams of heroin may not receive a sentence of probation, periodic imprisonment, or conditional discharge.

This amendment provides that the prohibition against the issuance of a license authorizing the sale of alcoholic liquor within 100 feet of a church, school, home for aged or indigent persons or for veterans, their spouses, or children, or any military or naval station does not apply to a premises that is within 100 feet, but not less than 90 feet of a public school if (1) the premises have been continuously licensed to sell alcoholic liquor for at least 50 years, (2) the premises are located in a municipality with a population of over 500,000 inhabitants, (3) the licensee is an individual who is a member of a family that has held the 3 previous licenses for the location, (4) the principal of the school and the alderman of the ward in which the school is located have delivered a written statement to the local liquor control commissioner stating that they do not object to the issuance of such a license, and (5)the local liquor control commissioner has received the written consent of the majority of the registered voters who live within 200 feet of the premises.

This Act authorizes the Illinois Supreme Court to enter into contracts or agreements with or make grants to non-profit entities to provide assistance to lawyers who are addicted, abuse alcohol or other substances, or are in need of mental health assistance. It requires the Attorney Registration and Disciplinary Commission to collect an annual fee from licensed attorneys in the amount of $7 or as set by the Supreme Court rule. It further creates a special fund in the State treasury for deposit of the fees and for payment of the lawyers’ assistance program.

This amendment states that local liquor commissioners have the duty to report to the Secretary of State any conviction for a violation of the Act’s provision, or similar provision of a local ordinance, prohibiting a person under 21 from purchasing, accepting, possessing, or consuming alcoholic liquor and prohibiting the transfer or alteration of identification cards, the use of the identification card of another or a false or forged identification card, or the use of false information to obtain an identification card.
It also amends the Illinois Vehicle Code by providing that the Secretary of State is authorized to suspend or revoke without a preliminary hearing the driver’s license or learner’s permit of any person convicted of violating any of the prohibitions of the Liquor Control Act of 1934 or similar provision of a local ordinance.

This amendment provides that the sheriff in a county with more than 3,000,000 inhabitants, with the approval of the county board, may operate a residential and transition treatment program for women established by the Department of Corrections. Provides that the program is an alternative to imprisonment in the penitentiary for women who have been convicted of specified non-violent felonies. Establishes other conditions of eligibility for the program and provides the sanction for failure to complete the program or violating the conditions of the program. Provides that the program may include a substance abuse treatment program designed for women offenders, mental health, trauma and medical treatment; parenting skills and family relationship counseling, preparation for a GED or vocational certificate; life skills program; job readiness and job skill training, and a community transition development plan. Provides that the Department of Corrections or the sheriff may terminate the programs at any time by mutual agreement or with 30 days prior written notice by either the Department of Corrections or the sheriff. It further provides that the State shall fund the pilot program, if the county establishes it, from moneys appropriated by the General Assembly to the county for that purpose.

The amendment provides that a person commits aggravated battery if, in committing a battery, he or she (or the person battered) is in a building or other structure used to provide shelter or other services to victims of domestic violence or to the dependent children of victims of domestic violence or within 500 feet of such a building or other structure. It further provides that the new aggravated battery provision applies if the person is battered within 500 feet while going to or from the shelter (rather than just being within 500 feet of the shelter).

This amendment authorizes the Director of Insurance to enforce certain federal laws relating to disclosure of information about insureds. Requires licensees under the Code to comply with privacy protection provisions of the federal Gramm-Leach-Bliley Act.

This amendment requires insurers to provide a warning notice to their insureds when the coverage provides for reduced benefits to insureds who utilize non-participating providers.

This amendment provides that preexisting condition exclusions with respect to applicants who have satisfied similar exclusions under a policy that was involuntarily terminated because of insurer insolvency may be waived if the application is made within 90, rather than 63, days after the involuntary termination of the prior policy would “unduly disrupt” operations.

The amendment prohibits health care plans from requiring enrollees to utilize the services of a physician other than their attending physician without the agreement of the enrollee’s attending physician. It further provides that a health care plan may not require substitution of an enrollee’s participating primary care physician, rather than attending physician, during an inpatient hospitalization.

This Act also authorizes the expansion of Kid Care to include the Family Care program

This amendment provides that the definition of “delivered”, for the purpose of determining if a notice required by the Act is effective, includes being transmitted by electronic means to the address that appears on the records of the corporation as authorized and set forth in the articles of incorporation or the bylaws. It provides that, to the extent permitted in the articles of incorporation or the bylaws of the corporation, actions required to be written or in writing by, or to have written consent or written approval of, members, directors, or committee members shall include any communication transmitted or received by electronic means.

This amendment provides that shareholders may participate in meeting through the use of conference telephones or interactive technology unless such participation is specifically prohibited by the articles of incorporation or the bylaws. It further amends by providing language that a corporation may allow shareholders or members to participate in and act at any meeting through the use of a conference telephone or interactive technology.

The amendment requires a school board to adopt and implement a policy that prohibits any disciplinary action that is based totally or in part on the refusal of a student’s parent or guardian to administer or consent to the administration of psychotropic or psycholstimulant medication to the student. Adds other requirements concerning the policy.

The amendment provides that any minor, other than a minor charged with a Class X felony violation of the Illinois controlled Substances Act, may petition the court to be tried and sentenced as a delinquent minor. In making a determination, the court must consider, among other matters: (a) the age of the minor; (b)any previous delinquent or criminal history of the minor; (c)any previous abuse or neglect history of the minor; (d)any mental health or educational history of the minor or both; and (e) whether there is probable cause to support the charge, whether the minor is charged through accountability, and whether there is evidence the minor possessed a deadly weapon or caused serious bodily harm during the offense. It provides that the judge shall order the case to remain in Criminal court unless a preponderance of the evidence shows that the minor would be amenable to the care, treatment, and training programs available through juvenile court based on the evaluation of the factors listed above.

The amendment requires the Department, when placing a child for adoption, to consider as adoptive applicants the adoptive parents of a biological sibling of the child. It requires the Department to attempt to notify those adoptive parents of the availability of the child for adoption. It also provides that the final decision of the Department must be based on the best interests of the child.

The amendments is with respect to the investigations of child care providers who participate in the child care assistance program under the Code and who are not required to be licensed under the Child Care Act of 1969, provides for periodic investigations (instead of investigation) of the central register of suspected child abuse and neglect cases maintained by DCFS.

The amendment requires the Department of Human Services to distribute information about detection and care for postpartum depression to health care professionals in hospitals, clinics and medical offices.

This amendment provides that the Department of Public Aid shall not impose requirements under the Medicaid program for prior approval based on a preferred drug list for anti-retroviral or any atypical antipsychotics, conventional antipsychotics, or anticonvulsants used for the treatment of serious mental illnesses until 30 days after it has conducted a study of the impact of such requirements on patient care and submitted a report to the Speaker of the House and the President of the Senate.