SB3449 102ND GENERAL ASSEMBLY

LRB102 22846 RLC 31997 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB3449

Introduced 1/18/2022, by Sen. Karina Villa

SYNOPSIS AS INTRODUCED:

730 ILCS 166/10
730 ILCS 166/55 new
730 ILCS 167/10
730 ILCS 167/95 new
730 ILCS 168/10
730 ILCS 168/45 new

Amends the Drug Court Treatment Act, the Veterans and Servicemembers Court Treatment Act, and the Mental Health Court Treatment Act. Provides that jurisdiction may be transferred from the sentencing court to the problem-solving court circuit in which the offender resides at the concurrence of both courts. Provides that the court to which jurisdiction has been transferred shall have the same powers as the sentencing court. Provides that the problem solving court department within the circuit to which jurisdiction has been transferred may impose problem solving court fees upon receiving the transferred offender. Provides that after the transfer all problem solving court fees shall be paid to the problem solving court department within the circuit to which jurisdiction has been transferred. Defines "problem-solving court" and "transferred".

A BILL FOR

AN ACT concerning criminal law.

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

Section 5. The Drug Court Treatment Act is amended by changing Section 10 and by adding Section 55 as follows:

(730 ILCS 166/10)

Sec. 10. Definitions. As used in this Act:

"Drug court", "drug court program", or "program" means an immediate and highly structured judicial intervention process for substance abuse treatment of eligible defendants that brings together substance abuse professionals, local social programs, and intensive judicial monitoring in accordance with the nationally recommended 10 key components of drug courts.

"Drug court professional" means a member of the drug court team, including but not limited to a judge, prosecutor, defense attorney, probation officer, coordinator, treatment provider, or peer recovery coach.

"Pre-adjudicatory drug court program" means a program that allows the defendant, with the consent of the prosecution, to expedite the defendant's criminal case before conviction or before filing of a criminal case and requires successful completion of the drug court program as part of the agreement.

"Post-adjudicatory drug court program" means a program in which the defendant has admitted guilt or has been found guilty and agrees, along with the prosecution, to enter a drug court program as part of the defendant's sentence.

"Combination drug court program" means a drug court program that includes a pre-adjudicatory drug court program and a post-adjudicatory drug court program.

"Problem-solving court" means any and all mental health court treatment, Veterans and Servicemembers Court treatment, and drug court treatment departments in a judicial circuit.

"Transferred" means the transfer of any case in which an adult or juvenile offender seeks to have problem solving court treatment transferred from one county to the county in this State in which the offender resides, and the transfer is approved by a judge.

(Source: P.A. 97-946, eff. 8-13-12.)

(730 ILCS 166/55 new)

Sec. 55. Transfer. Jurisdiction may be transferred from the sentencing court to the problem-solving court circuit in which the offender resides at the concurrence of both courts. The court to which jurisdiction has been transferred shall have the same powers as the sentencing court. The problem solving court department within the circuit to which jurisdiction has been transferred may impose problem solving court fees upon receiving the transferred offender as defined in Section 10. After the transfer all problem solving court fees shall be paid to the problem solving court department within the circuit to which jurisdiction has been transferred.

Section 10. The Veterans and Servicemembers Court Treatment Act is amended by changing Section 10 and by adding Section 95 as follows:

(730 ILCS 167/10)

Sec. 10. Definitions. In this Act:

"Combination Veterans and Servicemembers Court program" means a court program that includes a pre-adjudicatory and a post-adjudicatory Veterans and Servicemembers court program.

"Court" means Veterans and Servicemembers Court.

"IDVA" means the Illinois Department of Veterans' Affairs.

"Peer recovery coach" means a volunteer veteran mentor assigned to a veteran or servicemember during participation in a veteran treatment court program who has been trained and certified by the court to guide and mentor the participant to successfully complete the assigned requirements.

"Post-adjudicatory Veterans and Servicemembers Court Program" means a program in which the defendant has admitted guilt or has been found guilty and agrees, along with the prosecution, to enter a Veterans and Servicemembers Court program as part of the defendant's sentence.

"Pre-adjudicatory Veterans and Servicemembers Court Program" means a program that allows the defendant with the consent of the prosecution, to expedite the defendant's criminal case before conviction or before filing of a criminal case and requires successful completion of the Veterans and Servicemembers Court programs as part of the agreement.

"Problem-solving court" means any and all mental health court treatment, Veterans and Servicemembers Court treatment, and drug court treatment departments in a judicial circuit.

"Servicemember" means a person who is currently serving in the Army, Air Force, Marines, Navy, or Coast Guard on active duty, reserve status or in the National Guard.

"Transferred" means the transfer of any case in which an adult or juvenile offender seeks to have problem solving court treatment transferred from one county to the county in this State in which the offender resides, and the transfer is approved by a judge.

"VA" means the United States Department of Veterans' Affairs.

"VAC" means a veterans assistance commission.

"Veteran" means a person who served in the active military, naval, or air service and who was discharged or released therefrom under conditions other than dishonorable.

"Veterans and Servicemembers Court professional" means a member of the Veterans and Servicemembers Court team, including but not limited to a judge, prosecutor, defense attorney, probation officer, coordinator, treatment provider, or peer recovery coach.

"Veterans and Servicemembers Court" means a court or program with an immediate and highly structured judicial intervention process for substance abuse treatment, mental health, or other assessed treatment needs of eligible veteran and servicemember defendants that brings together substance abuse professionals, mental health professionals, VA professionals, local social programs and intensive judicial monitoring in accordance with the nationally recommended 10 key components of drug courts.

(Source: P.A. 99-314, eff. 8-7-15; 99-819, eff. 8-15-16.)

(730 ILCS 167/95 new)

Sec. 95. Transfers. Jurisdiction may be transferred from the sentencing court to the problem-solving court circuit in which the offender resides at the concurrence of both courts. The court to which jurisdiction has been transferred shall have the same powers as the sentencing court. The problem solving court department within the circuit to which jurisdiction has been transferred may impose problem solving court fees upon receiving the transferred offender as defined in Section 10. After the transfer all problem solving court fees shall be paid to the problem solving court department within the circuit to which jurisdiction has been transferred.

Section 15. The Mental Health Court Treatment Act is amended by changing Section 10 and by adding Section 45 as follows:

(730 ILCS 168/10)

Sec. 10. Definitions. As used in this Act:

"Mental health court", "mental health court program", or "program" means a structured judicial intervention process for mental health treatment of eligible defendants that brings together mental health professionals, local social programs, and intensive judicial monitoring.

"Mental health court professional" means a member of the mental health court team, including but not limited to a judge, prosecutor, defense attorney, probation officer, coordinator, treatment provider, or peer recovery coach.

"Pre-adjudicatory mental health court program" means a program that allows the defendant, with the consent of the prosecution, to expedite the defendant's criminal case before conviction or before filing of a criminal case and requires successful completion of the mental health court program as part of the agreement.

"Post-adjudicatory mental health court program" means a program in which the defendant has admitted guilt or has been found guilty and agrees, along with the prosecution, to enter a mental health court program as part of the defendant's sentence.

"Problem-solving court" means any and all mental health court treatment, Veterans and Servicemembers Court treatment, and drug court treatment departments in a judicial circuit.

"Transferred" means the transfer of any case in which an adult or juvenile offender seeks to have problem solving court treatment transferred from one county to the county in this State in which the offender resides, and the transfer is approved by a judge.

"Combination mental health court program" means a mental health court program that includes a pre-adjudicatory mental health court program and a post-adjudicatory mental health court program.

"Co-occurring mental health and substance abuse court program" means a program that includes persons with co-occurring mental illness and substance abuse problems. Such programs shall include professionals with training and experience in treating persons with substance abuse problems and mental illness.

(Source: P.A. 97-946, eff. 8-13-12.)

(730 ILCS 168/45 new)

Sec. 45. Transfers. Jurisdiction may be transferred from the sentencing court to the problem-solving court circuit in which the offender resides at the concurrence of both courts. The court to which jurisdiction has been transferred shall have the same powers as the sentencing court. The problem solving court department within the circuit to which jurisdiction has been transferred may impose problem solving court fees upon receiving the transferred offender as defined in Section 10. After the transfer all problem solving court fees shall be paid to the problem solving court department within the circuit to which jurisdiction has been transferred.