HOPE ACT

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB4039

Introduced 4/8/2025, by Rep. Lindsey LaPointe

SYNOPSIS AS INTRODUCED:

New Act
20 ILCS 2105/2105-372 new
55 ILCS 3-6043 new
730 ILCS 5/3-14-1

from Ch. 38, par. 1003-14-1
730 ILCS 125/19.7 new
730 ILCS 125/19.9 new
210 ILCS 85/17 new
410 ILCS 710/20 new

Creates the Holistic Overdose Prevention and Equity Act. Creates the
Harm Reduction Program Board, with certain requirements. Provides that the
Department of Public Health shall issue grants to harm reduction
providers, with certain requirements. Establishes a Chief Harm Reduction
Officer within the Department. Provides for a place-based approach to harm
reduction pilot program. Provides for local government training and
continuing education. Provides that naloxone shall be made readily
available to all staff and individuals in prisons and jails, with certain
requirements. Provides for medication for opioid use disorder and fentanyl
testing. Restricts the use of abstinence-only or sobriety requirements to
housing, with certain requirements. Limits home rule powers. Makes
findings. Defines terms. Amends the Department of Professional Regulation
Law of the Civil Administrative Code of Illinois, the Counties Code, the
County Jail Act, the Unified Code of Corrections, the Hospital Licensing
Act, and the Overdose Prevention and Harm Reduction Act to make conforming
changes.
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A BILL FOR

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1

AN ACT concerning health.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4
Article 1.

General Provisions

5

Section 1-1.
Short title; references to Act.
6

(a) Short title. This Act may be cited as the
Holistic
7
Overdose Prevention and Equity Act.
8

(b) References to Act. This Act may be referred to as the
9
HOPE Act.

10

Section 1-5.
Findings.
The General Assembly finds that:
11

(1) The Department of Public Health reported 3,261
12

opioid-related overdose fatalities in 2022, representing
13

an estimated 272 lives lost every month as the State's
14

overdose crisis persists.
15

(2) The Cook County Medical Examiner's Office
16

confirmed that 2,000 opioid-related deaths occurred in
17

Cook County during 2022, with Black residents comprising
18

56% of deaths despite only representing 23% of the
19

county's population.
20

(3) The Opioid Data Dashboard provided by the
21

Department of Public Health vividly demonstrates the
22

extensive reach of opioid-related overdose across the

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State; outside of Cook County, the counties that
2

experience the brunt of fatalities include Will County,
3

Winnebago County, DuPage County, Lake County, Kane County,
4

Madison County, St. Clair County, Sangamon County, McHenry
5

County, and Champaign County.
6

(4) Harm reduction measures have been proven to reduce
7

HIV transmissions, among other benefits, including
8

assisting in the prevention against the acquisition of
9

other bloodborne viruses such as Hepatitis B and C, the
10

prevention of fatal overdoses, decrease in encounters with
11

the criminal justice system, reduction in crime, reduction
12

of social exclusion for people who use drugs, and
13

improvement in access to medical care, mental health
14

support, housing, community support, food, and other basic
15

needs.
16

(5) Extensive research and reports continue to
17

demonstrate that harm reduction strategies not only save
18

lives by preventing overdose deaths but also limit
19

expenses in response to hospitalizations, emergency calls,
20

and deaths, promote public safety by diverting hazardous
21

waste from public spaces, and do not lead to an increase in
22

crime rates or substance use.
23

(6) Harm reduction operates on the understanding that
24

recovery is a multifaceted journey and that harm reduction
25

strategies complement traditional recovery approaches.
26

(7) While people who use drugs continue to face social

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stigma, they still possess the right to receive access to
2

housing, education, economic mobility, mental health care,
3

and a range of services to support a better quality of
4

life.
5

(8) Harm reduction acknowledges the intersecting
6

systems of oppression that marginalize people who use
7

drugs and centers the need for racial, economic, and
8

gender justice within policies and practices.
9

(9) Across the State, harm reductionists tirelessly
10

dedicate themselves toward mitigating the harms of
11

substance use and providing critical support to
12

individuals in need, and it is essential to recognize and
13

appreciate the strain and labor undertaken by these
14

individuals as they endure secondary trauma and navigate
15

complex social, economic, and political landscapes.
16

(10) Recent reports have highlighted funding and other
17

stresses endured by harm reduction providers, including
18

inadequate and inefficient distribution of opioid
19

settlement funds.

20

Section 1-10.
Definitions.
In this Act:
21

"Department" means the Department of Public Health.
22

"Harm reduction" means a philosophical framework and set
23
of strategies designed to reduce harm and promote dignity and
24
well-being among persons and communities who engage in
25
substance use.

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"Harm reduction provider" means a needle and hypodermic
2
syringe access program registered with the Department of
3
Public Health, as described in the Overdose Prevention and
4
Harm Reduction Act, where traditional harm reduction services
5
are the agency's primary focus and harm reduction principles
6
guide the organization.
7

"Harm reduction professional" means a specialist who
8
engages directly with people who use drugs to prevent overdose
9
and infectious disease transmission; improve physical, mental,
10
and social well-being; and offer low barrier options for
11
accessing health care services, including substance use and
12
mental health disorder treatment.
13

"Overdose prevention site" means a hygienic location where
14
individuals may safely consume pre-obtained substances under
15
observation.
16

"People with lived or living experience" means individuals
17
who currently or in the past have used drugs, been diagnosed
18
with a substance use disorder, experienced an overdose, or
19
used harm reduction services.
20

"Medication-assisted treatment" means the use of U.S. Food
21
and Drug Administration-approved medications, in combination
22
with counseling and behavioral therapies, to provide a whole
23
patient approach to the treatment of substance use disorders.
24

"Medications for opioid use disorder" means the use of
25
U.S. Food and Drug Administration-approved medications to
26
treat opioid use disorders.

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Article 2.

Harm Reduction Program Board

2

Section 2-5.
Purpose.
The Harm Reduction Program Board is
3
created to advance the State's efforts to save lives through
4
harm reduction through improved alignment of existing efforts,
5
sustained and strategic investment, and emphasis on input from
6
people with lived or living experience.

7

Section 2-10.
Membership.
8

(a) Members of the Harm Reduction Program Board shall
9
represent the diversity of this State and possess the
10
expertise needed to perform the responsibilities of the Harm
11
Reduction Program Board. Members of the Harm Reduction Program
12
Board shall include the following:
13

(1) One representative of a statewide coalition
14

addressing harm reduction, appointed by the Governor.
15

(2) One member of the General Assembly, appointed by
16

the President of the Senate.
17

(3) One member of the General Assembly, appointed by
18

the Speaker of the House of Representatives.
19

(4) One member of the General Assembly, appointed by
20

the Minority Leader of the Senate.
21

(5) One member of the General Assembly, appointed by
22

the Minority Leader of the House of Representatives.
23

(6) The Director of Public Health or the Director's

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designee, who shall serve as co-chair.
2

(7) The Secretary of Human Services or the Secretary's
3

designee.
4

(8) The Chief Behavioral Health Officer or the Chief
5

Behavioral Health Officer's designee.
6

(9) The Statewide Opioid Settlement Administrator or
7

the Statewide Opioid Settlement Administrator's designee.
8

(10) One person with lived or living experience with
9

drug use, substance use disorder, overdose, or use of harm
10

reduction services, appointed by the President of the
11

Senate.
12

(11) One person with lived or living experience with
13

drug use, substance use disorder, overdose, or use of harm
14

reduction services, appointed by the Speaker of the House
15

of Representatives, who shall serve as co-chair.
16

(12) One person with lived or living experience with
17

drug use, substance use disorder, overdose, or use of harm
18

reduction services, appointed by the Minority Leader of
19

the Senate.
20

(13) One person with lived or living experience with
21

drug use, substance use disorder, overdose, or use of harm
22

reduction services, appointed by the Minority Leader of
23

the House of Representatives.
24

(14) One person who has lost an immediate family
25

member to a fatal overdose, appointed by the Governor.
26

(15) One representative of a statewide organization of

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behavioral health providers, appointed by the Governor.
2

(16) One representative of a statewide organization of
3

addiction medicine specialists, appointed by the Governor.
4

(17) Two employees of community-based providers of
5

harm reduction services, appointed by the Director of
6

Public Health.
7

(18) One person employed by a research institution who
8

has conducted research on harm reduction, appointed by the
9

Director of Public Health.
10

(19) Additional members with lived or living
11

experience with drug use, substance use disorder,
12

overdose, or use of harm reduction services as needed to
13

ensure that a majority of Harm Reduction Program Board
14

members have lived or living experience, appointed by the
15

Director of Public Health.
16

(b) Members of the Harm Reduction Program Board shall
17
serve without compensation except those designated as
18
individuals with lived or living experience may receive
19
stipends as compensation for their time. Members of the Harm
20
Reduction Program Board may be reimbursed for reasonable
21
expenses incurred in the performance of their duties from
22
funds appropriated for that purpose.
23

(c) The Harm Reduction Program Board may exercise any
24
power, perform any function, take any action, or do anything
25
in furtherance of its purposes and goals upon the appointment
26
of a quorum of its members. The Harm Reduction Program Board

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terms shall end 4 years from the date of appointment.

2

Section 2-15.
Meetings.
The Harm Reduction Program Board
3
shall meet at least quarterly and may do so either in person or
4
remotely. The Department of Public Health shall provide
5
administrative support.

6

Section 2-20.
Responsibilities.
Within 12 months after the
7
effective date of this Act, the Harm Reduction Program Board
8
shall:
9

(1) develop a process to solicit applications for
10

community-based harm reduction grants;
11

(2) review community-based harm reduction grant
12

applications and proposed agreements and approve the
13

distribution of resources;
14

(3) develop a process to support ongoing monitoring
15

and evaluation of community-based harm reduction programs;
16

and
17

(4) deliver an annual report on grants awarded and
18

recommendations for harm reduction public policy to the
19

General Assembly and to the Governor to be posted on the
20

Department of Public Health website.

21
Article 3.

Grant Funding

22

Section 3-5.
Grant-making authority.

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(a) The Department of Public Health shall have
2
grant-making, operational, and procurement authority to
3
distribute funds to harm reduction providers to execute the
4
functions established in this Act.
5

(b) Subject to appropriation, the Department shall issue
6
grants to harm reduction providers. Grants shall be issued on
7
or before September 1 of the relevant fiscal year and shall
8
allow for pre-award expenditures beginning July 1 of the
9
relevant fiscal year.
10

(c) Beginning in fiscal year 2028 and subject to
11
appropriation, grants shall be awarded for a project period of
12
3 years, contingent on Department requirements for reporting
13
and successful performance.
14

(d) The Department shall ensure that grants awarded under
15
this Act do not duplicate or supplant grants awarded under any
16
other Act.
17

(e) The Department may, subject to appropriation and
18
approval through the Opioid Overdose Prevention and Recovery
19
Steering Committee, after recommendation by the Illinois
20
Opioid Remediation Advisory Board, and certification by the
21
Office of the Attorney General, make harm reduction grants to
22
harm reduction providers addressing opioid remediation in the
23
State for approved abatement uses under the Illinois Opioid
24
Allocation Agreement. The Illinois Opioid Remediation State
25
Trust Fund shall be the source of funding for the program.
26
Eligible grant recipients shall be harm reduction providers

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that offer services in a manner that supports and meets the
2
approved uses of the opioid settlement funds. Eligible grant
3
recipients have no entitlement to a grant under this Section.
4
The Department of Public Health may consult with the
5
Department of Human Services to adopt rules to implement this
6
Section and may create a competitive application procedure for
7
grants to be awarded. The rules may specify the manner of
8
applying for grants; grantee eligibility requirements; project
9
eligibility requirements; restrictions on the use of grant
10
moneys; the manner in which grantees must account for the use
11
of grant moneys; and any other provision that the Department
12
of Public Health determines to be necessary or useful for the
13
administration of this Section.

14

Section 3-10.
Grants for harm reduction services.
15

(a) Subject to appropriation, the Department shall make
16
grants to harm reduction providers.
17

(b) The Department shall issue grants to ensure that harm
18
reduction services are available in all counties. A harm
19
reduction provider may receive a grant to provide harm
20
reduction services in more than one county.
21

(c) Harm reduction providers receiving grants under this
22
Act shall establish eligibility criteria for services.
23

(d) An eligible participant shall not be court ordered to
24
receive services funded by a grant under this Act.
25

(e) Harm reduction providers receiving grants under this

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Act shall provide the following harm reduction services
2
directly or through subgrants to other organizations:
3

(1) Provision of harm reduction supplies, including,
4

but not limited to, overdose reversal supplies, including
5

naloxone kits with 3 milligram and generic nasal
6

variations; substance test kits, including fentanyl test
7

strips and xylazine test strips; safer sex kits, including
8

condoms; sharps disposal and medication disposal kits;
9

wound care supplies; medication lock boxes; sterile water
10

and saline; ascorbic acid (vitamin C); nicotine cessation
11

therapies; food and beverages (including, snacks, protein
12

drinks, and water); supplies to promote sterile injection
13

and reduce infectious disease transmission through
14

injection drug use; safer smoking kits to reduce
15

infectious disease transmission; FDA-approved home testing
16

kits for viral hepatitis (such as, HBV and HCV) and HIV;
17

written educational materials on safer injection practices
18

and HIV and viral hepatitis and prevention, testing,
19

treatment, and care services; distribution mechanisms (for
20

example, bags for naloxone or safer sex kits, and metal
21

boxes or containers for holding naloxone) for harm
22

reduction supplies, including stock as otherwise described
23

and delineated on this list.
24

(2) Overdose reversal education and training services.
25

(3) Navigation services to ensure linkage to HIV and
26

viral hepatitis prevention, testing, treatment, and care

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services, including antiretroviral therapy for HCV and
2

HIV, pre-exposure prophylaxis (PEP), post-exposure
3

prophylaxis (PEP), prevention of mother to child
4

transmission, and partner services.
5

(4) Referral to hepatitis A and hepatitis B
6

vaccinations.
7

(5) Provision of education on HIV and viral hepatitis
8

prevention, testing, and referral to treatment services.
9

(6) Provision of information on local resources or
10

referrals for PEP, or both.
11

(f) Harm reduction providers receiving grants under this
12
Act may provide the following services directly or through
13
subgrants to other organizations:
14

(1) Contingency management services, in which tangible
15

incentives are given to participants contingent on
16

evidence of change in a specific, incentivized behavior
17

such as abstinence from a particular drug.
18

(2) Services to promote hygiene and other basic needs,
19

including, but not limited to, mobile showers and clothing
20

distribution.
21

(3) Other services necessary to promote harm
22

reduction, as determined by the harm reduction provider
23

and approved by the Department.
24

(g) Harm reduction providers receiving grants under this
25
Act may utilize funds for the following activities, subject to
26
approval by the Department:

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(1) compensation and fringe benefits for harm
2

reduction staff and supervisors;
3

(2) research and evaluation;
4

(3) community outreach and education; and
5

(4) building capacity in the harm reduction field.
6

(h) Grant funds may be used for capital expenses, subject
7
to approval by the Department.
8

(i) Harm reduction providers receiving grants under this
9
Act shall ensure that services are accessible to individuals
10
with disabilities and to individuals with limited English
11
proficiency. Harm reduction providers receiving grants under
12
this Act shall not deny services to individuals on the basis of
13
immigration status or gender identity.
14

(j) Unless otherwise provided by law, a harm reduction
15
provider receiving a grant under this Act shall not be
16
compelled to produce any documentation related to confidential
17
disclosures made by an eligible participant to that harm
18
reduction provider, and shall not be compelled to testify
19
regarding confidential disclosures made by such eligible
20
participant, in any criminal proceeding, if the sole purpose
21
for such documentation or testimony is related to an eligible
22
participant's drug use or other related activity.
23

(k) The Department shall encourage harm reduction
24
providers receiving grants under this Act to employ
25
individuals with lived experience.

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1
Article 4.

Administrative Oversight

2

Section 4-5.
Chief Harm Reduction Officer.
This Article
3
establishes a Chief Harm Reduction Officer. The Officer shall
4
lead the State's comprehensive, interagency effort to ensure
5
that harm reduction services are available statewide, that the
6
State-supported system respects the dignity of people who use
7
drugs, and that investments in harm reduction services are
8
sustained and strategic. The Officer shall serve as a
9
policymaker and spokesperson on harm reduction, including
10
coordinating the interagency effort through legislation,
11
rules, and budgets; ensuring inclusion of people with lived
12
and living experience in policymaking; communicating with the
13
General Assembly and federal and local leaders on these
14
critical issues; and coordinating with harm reduction
15
providers and other community-based organizations. The Chief
16
Harm Reduction Officer shall be under the jurisdiction of the
17
Department.

18

Section 4-10.
Department of Public Health administering
19
harm reduction programming and funding.
Unless otherwise
20
indicated in this Act or in other Acts, harm reduction
21
programming and funding shall be administered by the
22
Department.

23
Article 5.

Training, Technical Assistance, and Education

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Section 5-5.
Role of harm reduction providers.
2
Organizations or agencies that do not meet the definition of
3
harm reduction provider must subcontract with a harm reduction
4
provider to meet any requirements for harm reduction
5
programming, training, education, or technical assistance
6
established under this Act.

7

Section 5-10.
Local government training.
Subject to
8
availability of funding, the Department and the Harm Reduction
9
Program Board shall establish a program to provide
10
comprehensive education and training for local government
11
agencies, including law enforcement and court stakeholders,
12
about this Act and the Overdose Prevention and Harm Reduction
13
Act, with a focus on ensuring compliance with laws that
14
provide immunity for participants, harm reduction providers,
15
and harm reduction staff and volunteers.

16

Section 5-15.
The Department of Professional Regulation
17
Law of the Civil Administrative Code of Illinois is amended by
18
adding Section 2105-372 as follows:

19

(20 ILCS 2105/2105-372 new)
20

Sec. 2105-372.
Continuing education; harm reduction.
21

(a) As used in this Section:
22

"Harm reduction" means a philosophical framework and set

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of strategies designed to reduce harm and promote dignity and
2
well-being among persons and communities who engage in
3
substance use.
4

"Health care professional" means a person licensed or
5
registered by the Department under the following Acts: the
6
Medical Practice Act of 1987, the Nurse Practice Act, the
7
Clinical Psychologist Licensing Act, the Illinois Optometric
8
Practice Act of 1987, the Illinois Physical Therapy Act, the
9
Pharmacy Practice Act, the Physician Assistant Practice Act of
10
1987, the Clinical Social Work and Social Work Practice Act,
11
the Nursing Home Administrators Licensing and Disciplinary
12
Act, the Illinois Occupational Therapy Practice Act, the
13
Podiatric Medical Practice Act of 1987, the Respiratory Care
14
Practice Act, the Professional Counselor and Clinical
15
Professional Counselor Licensing and Practice Act, the
16
Illinois Speech-Language Pathology and Audiology Practice Act,
17
the Illinois Dental Practice Act, or the Behavior Analyst
18
Licensing Act.
19

(b) For health care professional license or registration
20
renewals occurring on or after January 1, 2027, a health care
21
professional who has continuing education requirements must
22
complete at least a one-hour course or training on harm
23
reduction. A health care professional may count this one hour
24
for completion of this course toward meeting the minimum
25
credit hours required for continuing education.
26

(c) Any course or training offered to meet the

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requirements of this Section must be designed by or delivered
2
by a harm reduction provider or harm reduction professional.
3

(d) The Department may adopt rules for the implementation
4
of this Section.

5
Article 6.

Place-Based Approach to Harm Reduction

6

Section 6-5.
Intent; purpose.
This Article creates a
7
place-based approach to expand harm reduction education and
8
training, community engagement, mobile outreach, and
9
medication-assisted treatment in the communities with the
10
highest levels of overdoses and greatest unmet need for harm
11
reduction services.

12

Section 6-10.
Pilot.
13

(a) Subject to availability of funding, the Department
14
shall make grants to one harm reduction provider in a
15
community in each Department region to coordinate a
16
place-based approach to harm reduction.
17

(b) Harm reduction providers receiving grants under this
18
Article shall provide the following services directly, through
19
subgrants to other organizations, or in coordination with
20
organizations receiving funding from other sources:
21

(1) Community education and engagement on harm
22

reduction.
23

(2) Mobile outreach to the populations at highest risk

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of overdose.
2

(3) Provision of or referral to medication-assisted
3

treatment.
4

(c) Harm reduction providers receiving grants under this
5
Article may provide other services as necessary to expand harm
6
reduction and prevent overdose in the community, either
7
directly, through subgrants to other organizations, or in
8
coordination with organizations receiving funding from other
9
sources, as determined by the harm reduction provider and
10
approved by the Department.
11

(d) The harm reduction provider shall provide training and
12
technical assistance on harm reduction to subgrantees and
13
other collaborating organizations.
14

(e) Harm reduction providers receiving grants under this
15
Article and collaborating organizations are prohibited from
16
sharing information about participants with law enforcement
17
and from undertaking activities to increase arrest or
18
prosecution for drug-related offenses or of people who use
19
drugs.

20

Section 6-15.
Community selection.
The Department shall
21
determine communities for the pilot by considering the
22
following factors:
23

(1) community population and poverty level;
24

(2) the geographic size of a community;
25

(3) the number of fatal and nonfatal overdoses in the

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community;
2

(4) recent trends in the number of overdoses in the
3

community;
4

(5) the number of harm reduction providers in the
5

community; and
6

(6) how many people are served by harm reduction
7

providers in the community.

8
Article 7.

Correctional Facilities

9

Section 7-5.
Incarceration; naloxone.
Naloxone shall be
10
made readily available to all correctional staff, health care
11
staff, other staff, and incarcerated individuals in all
12
prisons and jails, subject to the availability of funding to
13
support the prison or jail in obtaining a supply of naloxone.

14

Section 7-10.
The Counties Code is amended by adding
15
Section 3-6043 as follows:

16

(55 ILCS 5/3-6043 new)
17

Sec. 3-6043.
Release; naloxone.
Upon the release of a
18
prisoner from a correctional institution, the sheriff shall
19
provide the prisoner with naloxone and a referral to a harm
20
reduction provider.

21

Section 7-15.
The Unified Code of Corrections is amended

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1
by changing Section 3-14-1 as follows:

2

(730 ILCS 5/3-14-1)

(from Ch. 38, par. 1003-14-1)
3

Sec. 3-14-1.
Release from the institution.
4

(a) Upon release of a person on parole, mandatory release,
5
final discharge, or pardon, the Department shall return all
6
property held for him, provide him with suitable clothing and
7
procure necessary transportation for him to his designated
8
place of residence and employment. It may provide such person
9
with a grant of money for travel and expenses which may be paid
10
in installments. The amount of the money grant shall be
11
determined by the Department.
12

(a-1) The Department shall, before a wrongfully imprisoned
13
person, as defined in Section 3-1-2 of this Code, is
14
discharged from the Department, provide him or her with any
15
documents necessary after discharge.
16

(a-2) The Department of Corrections may establish and
17
maintain, in any institution it administers, revolving funds
18
to be known as "Travel and Allowances Revolving Funds". These
19
revolving funds shall be used for advancing travel and expense
20
allowances to committed, paroled, and discharged prisoners.
21
The moneys paid into such revolving funds shall be from
22
appropriations to the Department for Committed, Paroled, and
23
Discharged Prisoners.
24

(a-3) Upon release of a person who is eligible to vote on
25
parole, mandatory release, final discharge, or pardon, the

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Department shall provide the person with a form that informs
2
him or her that his or her voting rights have been restored and
3
a voter registration application. The Department shall have
4
available voter registration applications in the languages
5
provided by the Illinois State Board of Elections. The form
6
that informs the person that his or her rights have been
7
restored shall include the following information:
8

(1) All voting rights are restored upon release from
9

the Department's custody.
10

(2) A person who is eligible to vote must register in
11

order to be able to vote.
12

The Department of Corrections shall confirm that the
13
person received the voter registration application and has
14
been informed that his or her voting rights have been
15
restored.
16

(a-4) Prior to release of a person on parole, mandatory
17
supervised release, final discharge, or pardon, the Department
18
shall screen every person for Medicaid eligibility. Officials
19
of the correctional institution or facility where the
20
committed person is assigned shall assist an eligible person
21
to complete a Medicaid application to ensure that the person
22
begins receiving benefits as soon as possible after his or her
23
release. The application must include the eligible person's
24
address associated with his or her residence upon release from
25
the facility. If the residence is temporary, the eligible
26
person must notify the Department of Human Services of his or

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her change in address upon transition to permanent housing.
2

(b) (Blank).
3

(c) Except as otherwise provided in this Code, the
4
Department shall establish procedures to provide written
5
notification of any release of any person who has been
6
convicted of a felony to the State's Attorney and sheriff of
7
the county from which the offender was committed, and the
8
State's Attorney and sheriff of the county into which the
9
offender is to be paroled or released. Except as otherwise
10
provided in this Code, the Department shall establish
11
procedures to provide written notification to the proper law
12
enforcement agency for any municipality of any release of any
13
person who has been convicted of a felony if the arrest of the
14
offender or the commission of the offense took place in the
15
municipality, if the offender is to be paroled or released
16
into the municipality, or if the offender resided in the
17
municipality at the time of the commission of the offense. If a
18
person convicted of a felony who is in the custody of the
19
Department of Corrections or on parole or mandatory supervised
20
release informs the Department that he or she has resided,
21
resides, or will reside at an address that is a housing
22
facility owned, managed, operated, or leased by a public
23
housing agency, the Department must send written notification
24
of that information to the public housing agency that owns,
25
manages, operates, or leases the housing facility. The written
26
notification shall, when possible, be given at least 14 days

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before release of the person from custody, or as soon
2
thereafter as possible. The written notification shall be
3
provided electronically if the State's Attorney, sheriff,
4
proper law enforcement agency, or public housing agency has
5
provided the Department with an accurate and up to date email
6
address.
7

(c-1) (Blank).
8

(c-2) The Department shall establish procedures to provide
9
notice to the Illinois State Police of the release or
10
discharge of persons convicted of violations of the
11
Methamphetamine Control and Community Protection Act or a
12
violation of the Methamphetamine Precursor Control Act. The
13
Illinois State Police shall make this information available to
14
local, State, or federal law enforcement agencies upon
15
request.
16

(c-5) If a person on parole or mandatory supervised
17
release becomes a resident of a facility licensed or regulated
18
by the Department of Public Health, the Illinois Department of
19
Public Aid, or the Illinois Department of Human Services, the
20
Department of Corrections shall provide copies of the
21
following information to the appropriate licensing or
22
regulating Department and the licensed or regulated facility
23
where the person becomes a resident:
24

(1) The mittimus and any pre-sentence investigation
25

reports.
26

(2) The social evaluation prepared pursuant to Section

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3-8-2.
2

(3) Any pre-release evaluation conducted pursuant to
3

subsection (j) of Section 3-6-2.
4

(4) Reports of disciplinary infractions and
5

dispositions.
6

(5) Any parole plan, including orders issued by the
7

Prisoner Review Board, and any violation reports and
8

dispositions.
9

(6) The name and contact information for the assigned
10

parole agent and parole supervisor.
11

This information shall be provided within 3 days of the
12
person becoming a resident of the facility.
13

(c-10) If a person on parole or mandatory supervised
14
release becomes a resident of a facility licensed or regulated
15
by the Department of Public Health, the Illinois Department of
16
Public Aid, or the Illinois Department of Human Services, the
17
Department of Corrections shall provide written notification
18
of such residence to the following:
19

(1) The Prisoner Review Board.
20

(2) The chief of police and sheriff in the
21

municipality and county in which the licensed facility is
22

located.
23

The notification shall be provided within 3 days of the
24
person becoming a resident of the facility.
25

(d) Upon the release of a committed person on parole,
26
mandatory supervised release, final discharge, or pardon, the

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1
Department shall provide such person with information
2
concerning programs and services of the Illinois Department of
3
Public Health to ascertain whether such person has been
4
exposed to the human immunodeficiency virus (HIV) or any
5
identified causative agent of Acquired Immunodeficiency
6
Syndrome (AIDS).
7

(d-5) Upon the release of a committed person from a
8
correctional institution or facility, the Department shall
9
provide the committed person with naloxone and a referral to a
10
harm reduction provider.

11

(e) Upon the release of a committed person on parole,
12
mandatory supervised release, final discharge, pardon, or who
13
has been wrongfully imprisoned, the Department shall verify
14
the released person's full name, date of birth, and social
15
security number. If verification is made by the Department by
16
obtaining a certified copy of the released person's birth
17
certificate and the released person's social security card or
18
other documents authorized by the Secretary, the Department
19
shall provide the birth certificate and social security card
20
or other documents authorized by the Secretary to the released
21
person. If verification by the Department is done by means
22
other than obtaining a certified copy of the released person's
23
birth certificate and the released person's social security
24
card or other documents authorized by the Secretary, the
25
Department shall complete a verification form, prescribed by
26
the Secretary of State, and shall provide that verification

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1
form to the released person.
2

(f) Forty-five days prior to the scheduled discharge of a
3
person committed to the custody of the Department of
4
Corrections, the Department shall give the person:
5

(1) who is otherwise uninsured an opportunity to apply
6

for health care coverage including medical assistance
7

under Article V of the Illinois Public Aid Code in
8

accordance with subsection (b) of Section 1-8.5 of the
9

Illinois Public Aid Code, and the Department of
10

Corrections shall provide assistance with completion of
11

the application for health care coverage including medical
12

assistance;
13

(2) information about obtaining a standard Illinois
14

Identification Card or a limited-term Illinois
15

Identification Card under Section 4 of the Illinois
16

Identification Card Act if the person has not been issued
17

an Illinois Identification Card under subsection (a-20) of
18

Section 4 of the Illinois Identification Card Act;
19

(3) information about voter registration and may
20

distribute information prepared by the State Board of
21

Elections. The Department of Corrections may enter into an
22

interagency contract with the State Board of Elections to
23

participate in the automatic voter registration program
24

and be a designated automatic voter registration agency
25

under Section 1A-16.2 of the Election Code;
26

(4) information about job listings upon discharge from

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the correctional institution or facility;
2

(5) information about available housing upon discharge
3

from the correctional institution or facility;
4

(6) a directory of elected State officials and of
5

officials elected in the county and municipality, if any,
6

in which the committed person intends to reside upon
7

discharge from the correctional institution or facility;
8

and
9

(7) any other information that the Department of
10

Corrections deems necessary to provide the committed
11

person in order for the committed person to reenter the
12

community and avoid recidivism.
13

(g) Sixty days before the scheduled discharge of a person
14
committed to the custody of the Department or upon receipt of
15
the person's certified birth certificate and social security
16
card as set forth in subsection (d) of Section 3-8-1 of this
17
Act, whichever occurs later, the Department shall transmit an
18
application for an Identification Card to the Secretary of
19
State, in accordance with subsection (a-20) of Section 4 of
20
the Illinois Identification Card Act.
21

The Department may adopt rules to implement this Section.
22
(Source: P.A. 102-538, eff. 8-20-21; 102-558, eff. 8-20-21;
23
102-606, eff. 1-1-22; 102-813, eff. 5-13-22; 103-345, eff.
24
1-1-24
.)

25

Section 7-20.
The County Jail Act is amended by adding

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1
Sections 19.7 and 19.9 as follows:

2

(730 ILCS 125/19.7 new)
3

Sec. 19.7.
Release; naloxone.
Upon the release of a
4
prisoner from a jail, the warden shall provide the prisoner
5
with naloxone, subject to the availability of funding to
6
support the jail in obtaining a supply of naloxone, and a
7
referral to a harm reduction provider.

8

(730 ILCS 125/19.9 new)
9

Sec. 19.9.
Medication for opioid use disorder.
10

(a) In this Section:
11

"Clinically indicated" means a medical procedure or
12
treatment is based upon the treatment provider's medical
13
judgment in accordance with the current generally accepted
14
standards of care.
15

"Medication-assisted treatment" means the use of U.S. Food
16
and Drug Administration-approved medications, in combination
17
with counseling and behavioral therapies, to provide a whole
18
patient approach to the treatment of substance use disorders.
19

"Medications for opioid use disorder" means the use of
20
U.S. Food and Drug Administration-approved medications to
21
treat substance use disorders.
22

(b) Within 24 hours of admission to a jail, each detained
23
person shall be screened for substance use disorders as part
24
of an initial and ongoing substance use screening and

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1
assessment process. This process includes screening and
2
assessment for opioid use disorders.
3

(c) A detained person who is admitted to a jail while under
4
the medical care of a licensed physician, a licensed physician
5
assistant, or a licensed nurse practitioner and who is taking
6
medication at the time of admission in accordance with a valid
7
prescription as verified by the individual's pharmacy of
8
record, primary care provider, other licensed care provider,
9
or a prescription monitoring or information system, shall have
10
that medication continued and provided by the jail pending an
11
evaluation by a licensed physician, a licensed physician
12
assistant, or a licensed nurse practitioner and subject to the
13
treatment provider's medical judgment. The jail may defer
14
provision of a validly prescribed medication in accordance
15
with this subsection if, in the judgment of a licensed
16
physician, a licensed physician assistant, or a licensed nurse
17
practitioner, continuation of the medication is no longer
18
clinically indicated.
19

A detained person who is admitted to a jail while under the
20
medical care of a licensed physician, a licensed physician
21
assistant, or a licensed nurse practitioner and who is taking
22
medication for an opioid use disorder or participating in
23
medication-assisted treatment at the time of admission in
24
accordance with a valid prescription as verified by the
25
individual's pharmacy of record, primary care provider, other
26
licensed care provider, or a prescription monitoring or

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1
information system, shall have the detained person's
2
medication continued and provided by the jail pending an
3
evaluation by a licensed physician, a licensed physician
4
assistant, or a licensed nurse practitioner and subject to the
5
treatment provider's medical judgment. The jail may defer
6
provision of a validly prescribed medication in accordance
7
with this subsection if, in the judgment of a licensed
8
physician, a licensed physician assistant, or a licensed nurse
9
practitioner, continuation of the medication is no longer
10
clinically indicated. An individual participating in a
11
medication-assisted treatment program may have counseling and
12
behavioral therapies continued to the extent possible.
13

If at any time a detained person screens positive as
14
having or being at risk for an opioid use disorder, is
15
diagnosed with an opioid use disorder or is exhibiting
16
symptoms of withdrawal from an opioid use disorder, and
17
medication-assisted treatment is clinically indicated by a
18
licensed physician, a licensed physician assistant, or a
19
licensed nurse practitioner, then the individual may consent
20
to commence medications for opioid use disorder, which shall
21
be provided by the jail. The detained person shall be
22
authorized to receive the medication immediately and for as
23
long as clinically indicated.
24

(d) The licensed practitioner who makes the clinical
25
judgment to discontinue the use of medication shall enter the
26
reason for the discontinuance to be entered into the detained

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1
person's medical record, specifically stating the reason for
2
discontinuance. The individual shall be provided, both orally
3
and in writing, with a specific explanation of the decision to
4
discontinue the medication.
5

(e) As part of the reentry planning, the jail shall
6
commence medications for opioid use disorder prior to an
7
individual's release if:
8

(1) the individual screens positive as having an
9

opioid use disorder, being at risk for an opioid use
10

disorder, or exhibiting symptoms of withdrawal from an
11

opioid use disorder;
12

(2) medication-assisted treatment is clinically
13

indicated by a licensed physician, a licensed physician
14

assistant, or a licensed nurse practitioner; and
15

(3) the individual consents to commence medications
16

for opioid use disorder.
17

Upon reentry, the jail shall provide an individual
18
participating in medication-assisted treatment with a referral
19
to a provider in the community who may assist the individual
20
with continued medications for opioid use disorder and
21
medication-assisted treatment care.

22
Article 8.

Health Care Facilities

23

Section 8-5.
Medication for opioid use disorder.
All acute
24
care hospitals that provide emergency services in an emergency

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1
department, all satellite emergency facilities, and all
2
inpatient behavioral health treatment providers shall
3
maintain, as part of their services, protocols and capacity to
4
provide appropriate, evidence-based interventions prior to
5
discharge that reduce the risk of subsequent harm and fatality
6
following an opioid-related overdose, including, but not
7
limited to, institutional protocols and capacity to possess,
8
dispense, administer, and prescribe all FDA-approved forms of
9
medication for opioid use disorder. Such treatment shall be
10
offered to all patients who present in an acute care hospital
11
emergency department, a satellite emergency facility, or
12
inpatient behavioral health treatment provider for care and
13
treatment of an opioid-related overdose or opioid use
14
disorder; if that treatment shall only occur when it is
15
recommended by the treating healthcare provider and is
16
voluntarily agreed to by the patient. Acute care hospitals
17
that provide emergency services in an emergency department,
18
satellite emergency facilities, and inpatient behavioral
19
health treatment providers shall demonstrate compliance with
20
applicable training and waiver requirements established by the
21
federal Drug Enforcement Agency and the federal Substance
22
Abuse and Mental Health Services Administration relative to
23
prescribing medication for opioid use disorder. Prior to
24
discharge, any patient who is administered or prescribed
25
medication for opioid use disorder in an acute care hospital
26
emergency department, satellite emergency facility, or

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1
inpatient behavioral health treatment provider shall be
2
directly connected to an appropriate provider or treatment
3
site to voluntarily continue the treatment.

4

Section 8-10.
Patient discharge and education on naloxone;
5
provider referral.
Upon discharge of a patient from an acute
6
care hospital, satellite emergency facility, or inpatient
7
behavioral health treatment provider who has: (i) a history of
8
or is actively using opioids or other illicit drugs; (ii) been
9
diagnosed with opioid use disorder; or (iii) experienced an
10
opioid-related overdose, the acute care hospital, satellite
11
emergency facility, or inpatient behavioral health treatment
12
provider shall educate the patient on the use of naloxone,
13
dispense not less than 2 doses of naloxone to the patient or a
14
legal guardian of the patient, and directly connect the
15
patient to a harm reduction provider.

16

Section 8-15.
Rulemaking.
The Department may adopt rules
17
for the implementation of this Article.

18

Section 8-20.
The Hospital Licensing Act is amended by
19
adding Section 17 as follows:

20

(210 ILCS 85/17 new)
21

Sec. 17.
Fentanyl testing.
22

(a) If an individual is treated at a hospital and the

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1
hospital conducts a urine drug screening to assist in
2
diagnosing the individual's condition, the hospital shall
3
include testing for fentanyl in the individual's urine
4
screening.
5

(b) If the urine drug screening conducted in accordance
6
with subsection (a) detects fentanyl, the hospital shall
7
report the test results, which shall be deidentified, to the
8
Department through the State-designated health information
9
exchange.
10

(c) This Section does not apply to a hospital that does not
11
have chemical analyzer equipment.
12

(d) This Section does not affect any State law providing
13
civil or criminal immunity to an individual who is in need of
14
medical assistance after ingesting or using alcohol or drugs,
15
or to an individual who, in good faith, assists another
16
individual who is in need of medical assistance after
17
ingesting or using alcohol or drugs.

18
Article 9.

Housing

19

Section 9-5.
Low barrier housing.
Community-based service
20
providers that are funded or regulated by the State to offer
21
shelter, recovery homes, housing, or housing vouchers shall
22
adopt a low barrier approach that prioritizes provision of
23
stable housing before addressing other social needs and
24
incorporates the following requirements:

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1

(1) Applicants may not be rejected and residents may
2

not be evicted solely based on abstinence-only or sobriety
3

requirements. Behaviors while intoxicated that violate the
4

terms of residency may be grounds for rejection of an
5

applicant for housing or eviction of a resident.
6

(2) Discrimination against applicants solely on the
7

basis of criminal records, records of arrests, charges, or
8

convictions on drug-related offenses is prohibited.
9

These requirements do not apply to operators or owners of
10
rental housing on the private market.

11

Section 9-10.
Housing evictions based on opioid use
12
disorder treatment.
All operators or owners of housing are
13
prohibited from rejecting applicants or evicting residents
14
because they are receiving medication for opioid use disorder
15
or other forms of medication-assisted treatment.

16

Section 9-15.
Federal requirements.
Nothing in this
17
Article shall be construed to prohibit a housing provider from
18
complying with federal laws or regulations if housing is
19
provided using both federal and State funding.

20
Article 10.

Home Rule Preemption

21

Section 10-5.
Home rule preemption.
22

(a) A home rule unit may not prohibit the establishment or

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1
operation of any harm reduction activities as provided in this
2
Act.
3

(b) A municipality may not adopt zoning regulations for
4
the sole purpose of prohibiting the establishment or operation
5
of any harm reduction activities as provided in this Act.
6

(c)
This Section is a denial and limitation of home rule
7
powers and functions under subsection (g) of Section 6 of
8
Article VII of the Illinois Constitution.

9

Section 10-10.
The Overdose Prevention and Harm Reduction
10
Act is amended by adding Section 20 as follows:

11

(410 ILCS 710/20 new)
12

Sec. 20.
Home rule preemption.
A home rule unit may not
13
prohibit the establishment or operation of a needle and
14
hypodermic syringe access program as provided in this Act.
15
This Section is a denial and limitation of home rule powers and
16
functions under subsection (g) of Section 6 of Article VII of
17
the Illinois Constitution.

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