Illinois General Assembly - Full Text of SB3401
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Full Text of SB3401  99th General Assembly



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1    AN ACT concerning criminal law.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Veterans and Servicemembers Court Treatment
5Act is amended by changing Sections 10, 25, and 30 as follows:
6    (730 ILCS 167/10)
7    Sec. 10. Definitions. In this Act:
8    "Combination Veterans and Servicemembers Court program"
9means a court program that includes a pre-adjudicatory and a
10post-adjudicatory Veterans and Servicemembers court program.
11    "Court" means Veterans and Servicemembers Court.
12    "IDVA" means the Illinois Department of Veterans' Affairs.
13    "Peer recovery coach" means a volunteer veteran mentor
14assigned to a veteran or servicemember during participation in
15a veteran treatment court program who has been trained and
16certified by the court to guide and mentor the participant to
17successfully complete the assigned requirements.
18    "Post-adjudicatory Veterans and Servicemembers Court
19Program" means a program in which the defendant has admitted
20guilt or has been found guilty and agrees, along with the
21prosecution, to enter a Veterans and Servicemembers Court
22program as part of the defendant's sentence.
23    "Pre-adjudicatory Veterans and Servicemembers Court



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1Program" means a program that allows the defendant with the
2consent of the prosecution, to expedite the defendant's
3criminal case before conviction or before filing of a criminal
4case and requires successful completion of the Veterans and
5Servicemembers Court programs as part of the agreement.
6    "Servicemember" means a person who is currently serving in
7the Army, Air Force, Marines, Navy, or Coast Guard on active
8duty, reserve status or in the National Guard.
9    "VA" means the United States Department of Veterans'
11    "VAC" means a veterans assistance commission.
12    "Veteran" means a person who served in the active military,
13naval, or air service and who was discharged or released
14therefrom under conditions other than dishonorable.
15    "Veterans and Servicemembers Court professional" means a
16member of the Veterans and Servicemembers Court team, including
17but not limited to a judge, prosecutor, defense attorney,
18probation officer, coordinator, treatment provider, or peer
19recovery coach.
20    "Veterans and Servicemembers Court" means a court or
21program with an immediate and highly structured judicial
22intervention process for substance abuse treatment, mental
23health, or other assessed treatment needs of eligible veteran
24and servicemember defendants that brings together substance
25abuse professionals, mental health professionals, VA
26professionals, local social programs and intensive judicial



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1monitoring in accordance with the nationally recommended 10 key
2components of drug courts.
3(Source: P.A. 99-314, eff. 8-7-15.)
4    (730 ILCS 167/25)
5    Sec. 25. Procedure.
6    (a) The Court shall order the defendant to submit to an
7eligibility screening and an assessment through the VA, VAC,
8and/or the IDVA to provide information on the defendant's
9veteran or servicemember status.
10    (b) The Court shall order the defendant to submit to an
11eligibility screening and mental health and drug/alcohol
12screening and assessment of the defendant by the VA, VAC, or by
13the IDVA to provide assessment services for Illinois Courts.
14The assessment shall include a risks assessment and be based,
15in part, upon the known availability of treatment resources
16available to the Veterans and Servicemembers Court. The
17assessment shall also include recommendations for treatment of
18the conditions which are indicating a need for treatment under
19the monitoring of the Court and be reflective of a level of
20risk assessed for the individual seeking admission. An
21assessment need not be ordered if the Court finds a valid
22screening and/or assessment related to the present charge
23pending against the defendant has been completed within the
24previous 60 days.
25    (c) The judge shall inform the defendant that if the



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1defendant fails to meet the conditions of the Veterans and
2Servicemembers Court program, eligibility to participate in
3the program may be revoked and the defendant may be sentenced
4or the prosecution continued as provided in the Unified Code of
5Corrections for the crime charged.
6    (d) The defendant shall execute a written agreement with
7the Court as to his or her participation in the program and
8shall agree to all of the terms and conditions of the program,
9including but not limited to the possibility of sanctions or
10incarceration for failing to abide or comply with the terms of
11the program.
12    (e) In addition to any conditions authorized under the
13Pretrial Services Act and Section 5-6-3 of the Unified Code of
14Corrections, the Court may order the defendant to complete
15substance abuse treatment in an outpatient, inpatient,
16residential, or jail-based custodial treatment program, order
17the defendant to complete mental health counseling in an
18inpatient or outpatient basis, comply with physicians'
19recommendation regarding medications and all follow up
20treatment. This treatment may include but is not limited to
21post-traumatic stress disorder, traumatic brain injury and
23    (f) The Court may establish a mentorship program that
24provides access and support to program participants by peer
25recovery coaches. Courts shall be responsible to administer the
26mentorship program with the support of volunteer veterans and



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1local veteran service organizations, including a VAC. Peer
2recovery coaches shall be trained and certified by the Court
3prior to being assigned to participants in the program.
4(Source: P.A. 99-314, eff. 8-7-15.)
5    (730 ILCS 167/30)
6    Sec. 30. Mental health and substance abuse treatment.
7    (a) The Veterans and Servicemembers Court program may
8maintain a network of substance abuse treatment programs
9representing a continuum of graduated substance abuse
10treatment options commensurate with the needs of defendants;
11these shall include programs with the VA, IDVA, a VAC, the
12State of Illinois and community-based programs supported and
13sanctioned by either or both.
14    (b) Any substance abuse treatment program to which
15defendants are referred must meet all of the rules and
16governing programs in Parts 2030 and 2060 of Title 77 of the
17Illinois Administrative Code.
18    (c) The Veterans and Servicemembers Court program may, in
19its discretion, employ additional services or interventions,
20as it deems necessary on a case by case basis.
21    (d) The Veterans and Servicemembers Court program may
22maintain or collaborate with a network of mental health
23treatment programs and, if it is a co-occurring mental health
24and substance abuse court program, a network of substance abuse
25treatment programs representing a continuum of treatment



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1options commensurate with the needs of the defendant and
2available resources including programs with the VA, the IDVA, a
3VAC, and the State of Illinois.
4(Source: P.A. 96-924, eff. 6-14-10.)
5    Section 99. Effective date. This Act takes effect upon
6becoming law.