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R-22-87VILLAGE OF DEERFIELD RESOLUTION NO. R-22-87 A RESOLUTION APPROVING AND AUTHORIZING A MEMORANDUM OF UNDERSTANDING WITH THE LAKE COUNTY HEALTH DEPARTMENT FOR PARTICIPATION IN A WAY OUT PROGRAM WHEREAS, Article VII, Section 10 of the Constitution of the State of Illinois, and the Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq., authorize and encourage intergovernmental cooperation; and WHEREAS, the Lake County Health Department ("Department's, as part of the Lake County Opioid Initiative, has sponsored A Way Out Program ("Program'), which Program is intended to facilitate treatment and rehabilitation of individuals suffering from a substance use disorder or addiction; and WHEREAS, the Department, through a memorandum of understanding ("MOU'), has created a broad framework for cooperation between the Department, Lake County law enforcement agencies, and hospitals to provide assistance and support services to individuals with a drug addiction who voluntarily submit to Program; and WHEREAS, the Village Board has determined that it is in the best interests of the Village and its residents to enter into the MOU to join the Program; NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE BOARD OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, as follows: SECTION ONE: RECITALS. The foregoing recitals are incorporated into, and made a part of, this Resolution as findings of the Village Board. SECTION TWO: APPROVAL OF MOU. The Village Board hereby approves the MOU in substantially the same form as attached to this Resolution as Exhibit A, and in a final form to be approved by the Village Attorney. SECTION THREE: AUTHORIZATION TO EXECUTE MOU. The Village Board hereby authorizes and directs the Village President and the Village Clerk to execute and attest, respectively, on behalf of the Village, the final MOU. SECTION FOUR: EFFECTIVE DATE. This resolution shall be in full force and effect upon its passage and approval in the manner provided by law. [SIGNATURE PAGE FOLLOWS] {00129474.1) AYES: Berg, Jacoby, Oppenheim, Seiden NAYS: None ABSTAIN: None ABSENT: Benton, Metts-Childers PASSED: December 19, 2022 APPROVED: December 21, 2022 RESOLUTION NO. R-22-87 ' Daniel C. Shapiro, Mayor ATTEST: Kent S. 9treet, Village C erk EXHIBIT A MEMORANDUM OF UNDERSTANDING A WAY OUT PROGRAM Memorandum of Understanding SECTION ONE Purpose of Agreement The purpose of the Memorandum of Understanding ("MOU" or "agreement") is to document the interplay between the units of local government, public agencies, 501(c) corporations and private businesses and hospitals participating in A Way Out. The A Way Out Program is part of the Lake County Opioid Initiative. The program objective is to facilitate treatment and rehabilitation of individuals suffering from a substance use disorder or addiction. This MOU provides a broad framework for cooperation between the various organizations entering into MOUs with the Lake County Health Department to provide assistance and support services to individuals with a drug addiction who voluntarily submit to the A Way Out Program. Each representative of the various organizations that sign an MOU has and does express its intent to participate in this program as circumstances permit and in accordance with the terms of the MOU. The specific intent of the program is to keep individuals with a substance use disorder or addiction out of the court system and in an environment where the individual can work towards treating and overcoming a substance use disorder or addiction. This MOU is made and entered into the date set forth next to the signature of the respective parties as identified below. The parties understand that this MOU is not a binding contract, and it is not enforceable in a court of law. SECTION TWO Recitals WHEREAS: a) The Lake County Health Department is a state -certified public health department that works to promote physical, mental, and social well-being, prevent disease, injury and disability, and protect the environment. b) One particular public -health effort involving the Health Department, the Lake County State's Attorney, and many other local organizations is the Lake County Opioid Initiative, which seeks to develop, implement, evaluate, and sustain a multi -strategy county -wide effort to prevent opioid abuse, addiction, overdose, and death. c) A WAY OUT is a program funded through the Department of Justice, Bureau of Justice Assistance. The A Way Out program's main goal is to help individuals suffering from a substance use disorder or addiction by offering a county wide network of encouragement and support. This support is provided by key community stakeholders, to assist the person through the rehabilitation process. A Way Out Program MOU Page 1 of 5 d) A WAY OUT program targets substance users (with no pending criminal charges) who are ready to take the first step to work towards sobriety. e) A WAY OUT program encourages individuals who are ready for substance use rehabilitation to present to any of the police departments that have signed an MOU. The individual may turn over any and all drugs (prescription or street drugs) as well as any drug paraphernalia to the police department without fear of prosecution for use or possession of those items. The police department will then assign an officer to assist the individual in taking the first steps towards sobriety with the goal that through the support of the community, the individual will recover and live a substance -free life. SECTION THREE Agreement to Effectuate the MOU 1. An individual seeking refuge under the A Way Out program agrees to voluntarily turn over any and all drugs (prescription or controlled substances) as well as any drug paraphernalia in his/her possession. In order to participate in the program, the individual must first sign the Participation Request and Waiver which is attached hereto as Addendum A. 2. Any police department which has entered into an MOU agrees that it will not bring criminal charges against any individual who seeks refuge under the A Way Out program for any drug(s) or paraphernalia that the individual turns over to the participating department. Any drug(s) or paraphernalia turned over by the individual shall be disposed of in accordance with that police department's policy. 3. The Lake County State's Attorney agrees that it will not bring criminal charges against an individual seeking refuge under the A Way Out program for any drug(s) or paraphernalia that the individual turns over to a participating police department. 4. The Lake County Health Department (LCHD) will provide access to the A Way Out program by way of the Lake County Crisis Care Program (LCCCP). Individuals seeking refuge will present to a participating police department and the LCCCP will be called and the LCCCP will conduct a screening. The LCHD will employ the A Way Out team, which will include, generally, a project coordinator, case manager, and recovery support specialist. The A Way Out team will work with the participant and other organizations who partner with the A Way Out program. 5. The A Way Out program is designed to assist individuals who do not have pending criminal charges against him/her. Should an individual seek refuge under A Way Out, and it later turns out that the individual is ineligible for the program, the police department agrees that it will not seek criminal charges against that individual for any drug(s) or paraphernalia the individual turned over to the police department in anticipation of acceptance into the program. 6. The Lake County State's Attorney agrees that it will not file criminal charges against any individual for the drug(s) and/or paraphernalia that the individual turned over to a participating police department in order to participate in the A Way Out program, even if it later turns out that the individual was not eligible for the program. A Way Out Program MOU Page 2 of 5 7. Once an individual wishing to participate in A Way Out presents to a participating police department, that department shall first collect and dispose of any drug(s) or paraphernalia in accordance with that police department's policy. Next, the department shall review the A Way Out program with the individual and have him/her sign the Participation Request and Waiver. Upon receipt of the signed Participation Request and Waiver and after collecting information from the individual, the police department shall assign the matter a case report number and then contact the Lake County Health Department Lake County Crisis Care Program (LCCCP). A member of the LCCCP shall conduct an initial screening via telephone to determine treatment needs and options, including, but not limited to, withdrawal management, residential treatment, sober living, outpatient treatment, etc. 8. If LCCCP determines that outpatient or residential services are required, then LCCCP shall connect the participant to an A Way Out service provider. The police department agrees that it will assist the individual in facilitating an evaluation by that service provider. 9. If the LCCCP determines that immediate medical stabilization is needed, the police department will arrange for transportation to the nearest hospital. The A Way Out Team will follow up with the participant to assess for additional services, including treatment placement. 10. Once a treatment option has been decided on, and, if necessary, the participant has been transported to treatment, and the Participation Request and Waiver is sent to LCCCP, the police department has completed its function. 11. Following the initial screening, the police department shall make its agency report available to the LCHD subject to applicable laws, including privacy and confidentiality. 12. For those participants admitted to a hospital, the A Way Out Team will connect with the participant to facilitate further treatment options. 13. The hospital(s) joining this MOU agree that to the extent the hospital has capacity and to the extent the hospital deems admission medically necessary, the hospital will give the participant priority admission and will fast track admission to the best of its ability. Hospital staff will coordinate with the A Way Out Team to make plans for next steps in care. Hospital staff will assist with obtaining releases to make communication possible and involve the A Way Out Team in stuffings and discharge planning. 14. Inpatient treatment center(s), which join this MOU agree that to the extent the center has capacity and to the extent the center deems it medically necessary, the center will give the participant priority placement and will fast track admission into the program or facility. Treatment center staff will coordinate with the A Way Out Team to make plans for next steps in care. Treatment center staff will assist with obtaining necessary releases to make communication possible and involve the A Way Out Team in staffings and discharge planning. At a minimum, the A Way Out Team Case Manager and Recovery Support Specialist will be allowed to contact the individual in care at least weekly. A Way Out Program MOU Page 3 of 5 15. Outpatient treatment center(s), which join this MOU agree that to the extent the center has capacity and to the extent the center deems it medically necessary, the center will give the participant priority and will fast track admission into the program or facility. Treatment center staff will coordinate with the A Way Out Team to make plans for next steps in care. Treatment center staff will assist with obtaining necessary releases to make communication possible and involve the A Way Out Team in staffings and discharge planning. 16. Sober living home(s) which join this MOU agree that, to the extent the center has capacity, they will fast track placement into care. Sober living staff will coordinate care with the A Way Out Team. Sober living staff will assist with obtaining necessary releases to make communication possible and involve the A Way Out Team in staffings and discharge planning. Sober living homes may, as appropriate, request rental assistance in accordance with LCHD policies. 17. The parties understand and agree that the participant is responsible for any costs associated with hospitalization and treatment but will do everything in their power to find affordable services. 18. The parties understand and agree that communications to the media or otherwise involving any aspect of the A Way Out Program shall go through the Lake County Health Department's communication department via the A Way Out Team. SECTION FOUR Independence of Operations 1. Each party to this MOU will maintain its own identity in providing services. Each party is separately responsible for establishing its own policies and financing its own activities. 2. Each party shall assume sole responsibility for indemnifying its own employees, as provided by state or federal law and/or local ordinance, and for providing personnel benefits, including benefits that arise due to injury or death, to its own employees as required by state or federal law. 3. The parties agrees that each party will be responsible for defending its own respective entity in any action or dispute that arises in connection with or as the result of this Agreement and that each party will be responsible for bearing its own costs, damages, losses, expenses, and attorney fees. SECTION FIVE Term and Termination 1. The parties hereto agree to attempt, in all respects, to coordinate efforts between each other and with other participating organizations in accordance with the terms of this MOU and the responsibilities enumerated herein to best serve the community. A Way Out Program MOU Page 4 of 5 2. This MOU does not create a partnership or a joint venture, and no party or organization in the A Way Out Program has the authority to bind any other party or organization. 3. Representatives of the organizations participating in the A Way Out Program will meet as appropriate. 4. This MOU shall be effective immediately upon the signature of the last party of the MOU. 5. This MOU is for an indefinite period. Either party may terminate it upon giving a seventy- two (72) hour written notice to the other party. This MOU may be amended at any time by mutual written agreement of the parties. 6. No party to this MOU or organization participating in the A Way Out program has the authority to act on behalf of any other party or organization or to bind any other party or organization to any obligation. 7. Resolution for non-performance under this MOU shall be termination, with no damages or penalty. a. Counterparts. The parties may sign this MOU in multiple counterparts, each of which will be deemed an original but all of which together will constitute one instrument. Receipt of a signed agreement by facsimile or electronic mail shall be the same as receipt of a signed original. Signed: Organization Name: Village A D"r ic1l Date: )2 Signature: 2"4 Signature applicable): Lake County Health Department: Date: 12121 /2022 Signature: Jerry Nordstrom, birector of Business Operations 2nd Signature (if applicable): A Way Out Program MOU Page 5 of 5 u. Deerfieldge Police ' Department '.xrernvra�- DATE: December 13, 2022 TO: Kent Street, Village Manager FROM: John J. Sliozis, Chief of Police SUBJECT: A RESOLUTION APPROVING AND AUTHORIZING A MEMORANDUM OF UNDERSTANDING WITH THE LAKE COUNTY HEALTH DEPARTMENT FOR PARTICIPATION IN A WAY OUT PROGRAM. On Monday, December 19, 2022, at the regularly scheduled meeting of the Mayor and Board of Trustees, the Police Department will be requesting Board approval of a Resolution and Authority to enter into a Memorandum of Understanding with the Lake County Health Department for Participation in A Way Out Program. BACKGROUND "A Way Out" is a voluntary Lake County, Illinois Law Enforcement Assisted Diversion program, designed to fast -track those individuals who are requesting and need treatment in substance abuse programs. The program is available 24 hours a day, 7 days a week at participating police departments in Lake County and ensures no criminal charges will be sought for those that may be in possession of narcotics or paraphernalia, as long as assistance is being sought by the prospective program participant. The program was developed by the Lake County Opioid Initiative to create additional treatment access points, reduce crime, reduce substance - related harms, re -frame the role law enforcement plays in community safety, and unite the community. The Deerfield Police Department has been a participant in the program since 2017 and drug overdoses in Lake County remain as prevalent within the Lake County region today, as they were then. With the assistance of local stake holders, the "A Way Out" Program was developed and continues to be a valuable asset to Lake County. In 2017 there were 8 police agencies originally participating with 15 involved today. The Lake County Health Department has requested approval of a more current and recent agreement which is attached. The program and terms remain substantially unchanged from the original document as approved by the Mayor and Board. The Deerfield Police Department is committed to assisting those who need help with their addictions and offer this program as a viable alternative. Deerfield Police Department RECOMMENDATION It is the recommendation of the Police Department that the Mayor and Board of Trustees approve the Resolution and Authorize the Memorandum of Understanding with the Lake County Health Department for participation in the "A Way Out" Program. John J. Sliozis Chief of Police