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


Sen. Melinda Bush

Filed: 4/14/2016





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2    AMENDMENT NO. ______. Amend Senate Bill 3401 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Veterans and Servicemembers Court
5Treatment Act is amended by changing Sections 10, 25, and 30 as
7    (730 ILCS 167/10)
8    Sec. 10. Definitions. In this Act:
9    "Combination Veterans and Servicemembers Court program"
10means a court program that includes a pre-adjudicatory and a
11post-adjudicatory Veterans and Servicemembers court program.
12    "Court" means Veterans and Servicemembers Court.
13    "IDVA" means the Illinois Department of Veterans' Affairs.
14    "Peer recovery coach" means a volunteer veteran mentor
15assigned to a veteran or servicemember during participation in
16a veteran treatment court program who has been trained and



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1certified by the court to guide and mentor the participant to
2successfully complete the assigned requirements.
3    "Post-adjudicatory Veterans and Servicemembers Court
4Program" means a program in which the defendant has admitted
5guilt or has been found guilty and agrees, along with the
6prosecution, to enter a Veterans and Servicemembers Court
7program as part of the defendant's sentence.
8    "Pre-adjudicatory Veterans and Servicemembers Court
9Program" means a program that allows the defendant with the
10consent of the prosecution, to expedite the defendant's
11criminal case before conviction or before filing of a criminal
12case and requires successful completion of the Veterans and
13Servicemembers Court programs as part of the agreement.
14    "Servicemember" means a person who is currently serving in
15the Army, Air Force, Marines, Navy, or Coast Guard on active
16duty, reserve status or in the National Guard.
17    "VA" means the United States Department of Veterans'
19    "VAC" means a veterans assistance commission.
20    "Veteran" means a person who served in the active military,
21naval, or air service and who was discharged or released
22therefrom under conditions other than dishonorable.
23    "Veterans and Servicemembers Court professional" means a
24member of the Veterans and Servicemembers Court team, including
25but not limited to a judge, prosecutor, defense attorney,
26probation officer, coordinator, treatment provider, or peer



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1recovery coach.
2    "Veterans and Servicemembers Court" means a court or
3program with an immediate and highly structured judicial
4intervention process for substance abuse treatment, mental
5health, or other assessed treatment needs of eligible veteran
6and servicemember defendants that brings together substance
7abuse professionals, mental health professionals, VA
8professionals, local social programs and intensive judicial
9monitoring in accordance with the nationally recommended 10 key
10components of drug courts.
11(Source: P.A. 99-314, eff. 8-7-15.)
12    (730 ILCS 167/25)
13    Sec. 25. Procedure.
14    (a) The Court shall order the defendant to submit to an
15eligibility screening and an assessment through the VA, VAC,
16and/or the IDVA to provide information on the defendant's
17veteran or servicemember status.
18    (b) The Court shall order the defendant to submit to an
19eligibility screening and mental health and drug/alcohol
20screening and assessment of the defendant by the VA, VAC, or by
21the IDVA to provide assessment services for Illinois Courts.
22The assessment shall include a risks assessment and be based,
23in part, upon the known availability of treatment resources
24available to the Veterans and Servicemembers Court. The
25assessment shall also include recommendations for treatment of



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1the conditions which are indicating a need for treatment under
2the monitoring of the Court and be reflective of a level of
3risk assessed for the individual seeking admission. An
4assessment need not be ordered if the Court finds a valid
5screening and/or assessment related to the present charge
6pending against the defendant has been completed within the
7previous 60 days.
8    (c) The judge shall inform the defendant that if the
9defendant fails to meet the conditions of the Veterans and
10Servicemembers Court program, eligibility to participate in
11the program may be revoked and the defendant may be sentenced
12or the prosecution continued as provided in the Unified Code of
13Corrections for the crime charged.
14    (d) The defendant shall execute a written agreement with
15the Court as to his or her participation in the program and
16shall agree to all of the terms and conditions of the program,
17including but not limited to the possibility of sanctions or
18incarceration for failing to abide or comply with the terms of
19the program.
20    (e) In addition to any conditions authorized under the
21Pretrial Services Act and Section 5-6-3 of the Unified Code of
22Corrections, the Court may order the defendant to complete
23substance abuse treatment in an outpatient, inpatient,
24residential, or jail-based custodial treatment program, order
25the defendant to complete mental health counseling in an
26inpatient or outpatient basis, comply with physicians'



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1recommendation regarding medications and all follow up
2treatment. This treatment may include but is not limited to
3post-traumatic stress disorder, traumatic brain injury and
5    (f) The Court may establish a mentorship program that
6provides access and support to program participants by peer
7recovery coaches. Courts shall be responsible to administer the
8mentorship program with the support of volunteer veterans and
9local veteran service organizations, including a VAC. Peer
10recovery coaches shall be trained and certified by the Court
11prior to being assigned to participants in the program.
12(Source: P.A. 99-314, eff. 8-7-15.)
13    (730 ILCS 167/30)
14    Sec. 30. Mental health and substance abuse treatment.
15    (a) The Veterans and Servicemembers Court program may
16maintain a network of substance abuse treatment programs
17representing a continuum of graduated substance abuse
18treatment options commensurate with the needs of defendants;
19these shall include programs with the VA, IDVA, a VAC, the
20State of Illinois and community-based programs supported and
21sanctioned by either or both.
22    (b) Any substance abuse treatment program to which
23defendants are referred must meet all of the rules and
24governing programs in Parts 2030 and 2060 of Title 77 of the
25Illinois Administrative Code.



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1    (c) The Veterans and Servicemembers Court program may, in
2its discretion, employ additional services or interventions,
3as it deems necessary on a case by case basis.
4    (d) The Veterans and Servicemembers Court program may
5maintain or collaborate with a network of mental health
6treatment programs and, if it is a co-occurring mental health
7and substance abuse court program, a network of substance abuse
8treatment programs representing a continuum of treatment
9options commensurate with the needs of the defendant and
10available resources including programs with the VA, the IDVA, a
11VAC, and the State of Illinois.
12(Source: P.A. 96-924, eff. 6-14-10.)
13    Section 99. Effective date. This Act takes effect upon
14becoming law.".