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Full Text of HB4583
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HB4583 - 104th General Assembly
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB4583
Introduced 2/3/2026, by Rep. Will Guzzardi
SYNOPSIS AS INTRODUCED:
730 ILCS 5/3-6-9 new
Amends the Unified Code of Corrections. Provides that the Department
of Corrections shall ensure all persons under its care are assessed for
substance use disorder, as defined in the Substance Use Disorder Act.
Provides that this process includes screening and assessment for opioid
use disorders. Provides that for a committed person diagnosed with opioid
use disorder, the Department shall offer, or facilitate access to, all
medication-assisted treatment options deemed appropriate by an authorized
health care professional. Provides that the Department shall not impose
limitations on the types of medication assisted treatment that may be
recommended by an authorized health care professional as part of a
treatment plan. Provides that an individual receiving medication-assisted
treatment prior to being committed to a Department of Corrections facility
shall be entitled to, upon request, continue such treatment in the
medication assisted treatment program for any period of time deemed
medically necessary by an authorized health care professional. Provides
that no person shall be denied participation in medication-assisted
treatment program on the basis of a positive drug screening upon entering
the Department's custody; nor shall any person receive a disciplinary
infraction for such positive drug screen. Provides that no person shall be
denied participation in medication-assisted treatment based on prior
success or failure of any medication-assisted treatment program. Provides
that for each Parole District, the Department shall develop a plan to
facilitate access to medication-assisted treatment for persons diagnosed
with opioid use disorder in the community following release. Provides that
the Department may adopt rules for the implementation of these provisions.
Effective January 1, 2027.
LRB104 17044 RLC 30459 b
A BILL FOR
HB4583
LRB104 17044 RLC 30459 b
1
AN ACT concerning criminal law.
2
Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:
4
Section 5.
The Unified Code of Corrections is amended by
5
adding Section 3-6-9 as follows:
6
(730 ILCS 5/3-6-9 new)
7
Sec. 3-6-9.
Treatment for committed persons with substance
8
use disorders.
9
(a) The General Assembly finds the followings:
10
(1) The Department of Corrections does not currently
11
have extensive medication-assisted treatment programs
12
readily available to meet the needs of all committed
13
persons with opioid use disorder, despite estimates that
14
more than half of the committed population meets the
15
criteria for having a substance use disorder.
16
(2) Providing timely access to medication-assisted
17
treatment in correctional settings reduces recidivism,
18
overdose risk following release, and improves treatment
19
retention. Withholding evidence-based opioid use disorder
20
treatment increases risk for death during detention and
21
upon release.
22
(3) According to the Department of Human Services, up
23
to 75% of parolees who leave prison without treatment for
HB4583
- 2 -
LRB104 17044 RLC 30459 b
1
an identified substance use disorder resume substance use
2
within 3 months of release.
3
(4) Studies demonstrate that in the first 2 weeks
4
after release, the risk of opioid overdose is 40 times
5
higher for those who were incarcerated compared to the
6
general population.
7
(5) It is the stated position of the U.S. Substance
8
Abuse and Mental Health Services Administration that no
9
justification exists for denying access to medications for
10
opioid use disorder because psychosocial services are
11
unavailable or individuals are unwilling to avail
12
themselves of those services.
13
(6) The U.S. Department of Justice has determined that
14
individuals with opioid use disorder are protected under
15
the Americans with Disabilities Act of 1990.
16
(7) In community-based settings, such as opioid
17
treatment programs and primary care facilities,
18
medication-assisted treatment has been proven to reduce
19
overdose deaths and illicit opioid use. Individuals with
20
opioid use disorder living in correctional settings are
21
entitled to the same level of care as those in
22
community-based settings.
23
(b) In alignment with the State of Illinois Overdose
24
Action Plan, the purpose of this Section is to facilitate
25
timely access to medication-assisted treatment options and
26
therapies to all individuals under the care of the Department
HB4583
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LRB104 17044 RLC 30459 b
1
of Corrections who are diagnosed with opioid use disorder.
2
(c) In this Section:
3
"Authorized health care professional" means a physician
4
licensed to practice medicine in all its branches, a licensed
5
physician assistant with prescriptive authority, a licensed
6
advanced practice registered nurse with prescriptive
7
authority, an advanced practice registered nurse or physician
8
assistant who practices in a hospital, hospital affiliate, or
9
ambulatory surgical treatment center and possesses appropriate
10
clinical privileges in accordance with the Nurse Practice Act,
11
or a pharmacist licensed to practice pharmacy under the
12
Pharmacy Practice Act.
13
"Department" means the Department of Corrections.
14
"Medication-assisted treatment" means the use of U.S. Food
15
and Drug Administration-approved medications, in combination
16
with counseling and behavioral therapies, to provide a whole
17
patient approach to the treatment of substance use disorders.
18
(d) The Department shall ensure all persons under its care
19
are assessed for substance use disorder, as defined in the
20
Substance Use Disorder Act. This process includes screening
21
and assessment for opioid use disorders. For a committed
22
person diagnosed with opioid use disorder, the Department
23
shall offer, or facilitate access to, all medication-assisted
24
treatment options deemed appropriate by an authorized health
25
care professional. The Department shall not impose limitations
26
on the types of medication assisted treatment that may be
HB4583
- 4 -
LRB104 17044 RLC 30459 b
1
recommended by an authorized health care professional as part
2
of a treatment plan.
3
(e) An individual receiving medication-assisted treatment
4
prior to being committed to a Department of Corrections
5
facility shall be entitled to, upon request, continue such
6
treatment in the medication assisted treatment program for any
7
period of time deemed medically necessary by an authorized
8
health care professional. No person shall be denied
9
participation in medication-assisted treatment program on the
10
basis of a positive drug screening upon entering the
11
Department's custody; nor shall any person receive a
12
disciplinary infraction for such positive drug screen. No
13
person shall be denied participation in medication-assisted
14
treatment based on prior success or failure of any
15
medication-assisted treatment program.
16
(f) For each Parole District, the Department shall develop
17
a plan to facilitate access to medication-assisted treatment
18
for persons diagnosed with opioid use disorder in the
19
community following release.
20
(g) The Department may adopt rules for the implementation
21
of this Section.
22
Section 99.
Effective date.
This Act takes effect January
23
1, 2027.
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