Full Text of SB2565 102nd General Assembly
SB2565ham002 102ND GENERAL ASSEMBLY | Rep. Lindsey LaPointe Filed: 3/21/2022
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| 1 | | AMENDMENT TO SENATE BILL 2565
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2565 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Drug Court Treatment Act is amended by | 5 | | changing Sections 5, 10, 15, 20, 25, 30, 35, 40, 45, and 50 as | 6 | | follows:
| 7 | | (730 ILCS 166/5)
| 8 | | Sec. 5. Purposes. The General Assembly recognizes that | 9 | | individuals struggling with substance use disorders may come | 10 | | into contact with the criminal justice system and be charged | 11 | | with felony or misdemeanor offenses. The General Assembly also | 12 | | recognizes that substance use disorders and mental illness | 13 | | co-occur in a substantial percentage of criminal defendants | 14 | | the use and
abuse of drugs has a dramatic effect on the | 15 | | criminal justice system in the
State
of Illinois . There is a | 16 | | critical need for the a criminal justice system to recognize |
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| 1 | | individuals struggling with these issues, provide alternatives | 2 | | to incarceration to address substance use disorders when | 3 | | possible, and provide appropriate access to treatment and | 4 | | support to such individuals program
that
will reduce the | 5 | | incidence of drug use, drug addiction, and crimes committed as
| 6 | | a
result of drug use and drug addiction . It is the intent of | 7 | | the General Assembly
to create specialized drug courts , in | 8 | | accordance with evidence-based practices and the Illinois | 9 | | Supreme Court Problem-Solving Court Standards for addressing | 10 | | substance use and co-occurring disorders, with the necessary | 11 | | flexibility to meet the needs for an array of services and | 12 | | supports among participants in certified drug court programs | 13 | | the
drug problems in the State of Illinois.
| 14 | | (Source: P.A. 92-58, eff. 1-1-02.)
| 15 | | (730 ILCS 166/10)
| 16 | | Sec. 10. Definitions. As used in this Act:
| 17 | | "Certification" means the process by which a | 18 | | problem-solving court obtains approval from the Supreme Court | 19 | | to operate in accordance with the Problem-Solving Court | 20 | | Standards. | 21 | | "Clinical treatment plan" means an evidence-based, | 22 | | comprehensive, and individualized plan that: (i) is developed | 23 | | by a qualified professional in accordance with the Department | 24 | | of Human Services substance use prevention and recovery rules | 25 | | under 77 Ill. Adm. Code 2060 or an equivalent standard in any |
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| 1 | | state where treatment may take place; and (ii) defines the | 2 | | scope of treatment services to be delivered by a court | 3 | | treatment provider. | 4 | | "Combination drug court program" means a type of | 5 | | problem-solving court that allows an individual to enter a | 6 | | problem-solving court before a plea, conviction, or | 7 | | disposition while also permitting an individual who has | 8 | | admitted guilt, or been found guilty, to enter a | 9 | | problem-solving court as a part of the individual's sentence | 10 | | or disposition. | 11 | | "Community behavioral health center" means a physical site | 12 | | where behavioral healthcare services are provided in | 13 | | accordance with the Community Behavioral Health Center | 14 | | Infrastructure Act. | 15 | | "Community mental health center" means an entity: | 16 | | (1) licensed by the Department of Public Health as a | 17 | | community mental health center in accordance with the | 18 | | conditions of participation for community mental health | 19 | | centers established by the Centers for Medicare and | 20 | | Medicaid Services; and | 21 | | (2) that provides outpatient services, including | 22 | | specialized outpatient services, for individuals who are | 23 | | chronically mental ill. | 24 | | "Co-occurring mental health and substance use disorders | 25 | | court program" means a program that includes an individual | 26 | | with co-occurring mental illness and substance use disorder |
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| 1 | | diagnoses and professionals with training and experience in | 2 | | treating individuals with diagnoses of substance use disorder | 3 | | and mental illness. | 4 | | "Drug court", "drug court program", "court", or "program" | 5 | | means a specially designated court, court calendar, or docket | 6 | | facilitating intensive therapeutic treatment to monitor and | 7 | | assist participants with substance use disorders in making | 8 | | positive lifestyle changes and reducing the rate of | 9 | | recidivism. Drug court programs are nonadversarial in nature | 10 | | and bring together substance use disorder professionals, local | 11 | | social programs, and monitoring in accordance with the | 12 | | nationally recommended 10 key components of drug courts and | 13 | | the Problem-Solving Court Standards. Common features of a drug | 14 | | court program include, but are not limited to, a designated | 15 | | judge and staff; specialized intake and screening procedures; | 16 | | coordinated treatment procedures administered by a trained, | 17 | | multidisciplinary professional team; close evaluation of | 18 | | participants, including continued assessments and modification | 19 | | of the court requirements and use of sanctions, incentives, | 20 | | and therapeutic adjustments to address behavior; frequent | 21 | | judicial interaction with participants; less formal court | 22 | | process and procedures; voluntary participation; and a low | 23 | | treatment staff-to-client ratio. an immediate and
highly
| 24 | | structured judicial intervention process for substance abuse | 25 | | treatment of
eligible defendants that brings together | 26 | | substance abuse professionals, local
social programs, and |
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| 1 | | intensive judicial monitoring in accordance with the
| 2 | | nationally recommended 10 key components of drug courts.
| 3 | | "Drug court professional" means a member of the drug court | 4 | | team, including but not limited to
a judge, prosecutor, | 5 | | defense attorney,
probation officer, coordinator, or treatment | 6 | | provider , or peer recovery coach .
| 7 | | "Peer recovery coach" means a mentor assigned to a | 8 | | defendant during participation in a drug treatment court | 9 | | program who has been trained by the court, a service provider | 10 | | used by the court for substance use disorder or mental health | 11 | | treatment, a local service provider with an established peer | 12 | | recovery coach or mentor program not otherwise used by the | 13 | | court for treatment, or a Certified Recovery Support | 14 | | Specialist certified by the Illinois Certification Board. | 15 | | "Peer recovery coach" includes individuals with lived | 16 | | experiences of the issues the problem-solving court seeks to | 17 | | address, including, but not limited to, substance use | 18 | | disorder, mental illness, and co-occurring disorders or | 19 | | involvement with the criminal justice system. "Peer recovery | 20 | | coach" includes individuals required to guide and mentor the | 21 | | participant to successfully complete assigned requirements and | 22 | | to facilitate participants' independence for continued success | 23 | | once the supports of the court are no longer available to them. | 24 | | "Post-adjudicatory drug court program" means a program | 25 | | that allows an individual who has admitted
guilt
or has been | 26 | | found guilty, with the defendant's consent, and the approval |
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| 1 | | of the court, to enter a
drug
court program as part of the | 2 | | defendant's sentence or disposition. | 3 | | "Pre-adjudicatory drug court program" means a program that | 4 | | allows
the defendant,
with the defendant's consent and the | 5 | | approval of the court, to enter the drug court program before | 6 | | plea, conviction, or disposition and requires successful
| 7 | | completion of the drug court program as part of the agreement. | 8 | | "Problem-Solving Court Standards" means the statewide | 9 | | standards adopted by the Supreme Court that set forth the | 10 | | minimum requirements for the planning, establishment, | 11 | | certification, operation, and evaluation of all | 12 | | problem-solving courts in this State. | 13 | | "Validated clinical assessment" means a validated | 14 | | assessment tool administered by a qualified clinician to | 15 | | determine the treatment needs of participants. "Validated | 16 | | clinical assessment" includes assessment tools required by | 17 | | public or private insurance. | 18 | | "Pre-adjudicatory drug court program" means a program that | 19 | | allows
the defendant,
with the consent of the prosecution, to | 20 | | expedite the defendant's criminal case
before conviction or | 21 | | before filing of a criminal case and requires successful
| 22 | | completion of the drug court program as part of the agreement.
| 23 | | "Post-adjudicatory drug court program" means a program in | 24 | | which the
defendant has admitted
guilt
or has been found | 25 | | guilty and agrees, along with the prosecution, to enter a
drug
| 26 | | court program as part of the defendant's sentence.
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| 1 | | "Combination drug court program" means a drug court | 2 | | program that includes a
pre-adjudicatory drug court program | 3 | | and a post-adjudicatory drug court program.
| 4 | | (Source: P.A. 97-946, eff. 8-13-12.)
| 5 | | (730 ILCS 166/15)
| 6 | | Sec. 15. Authorization. | 7 | | (a) The Chief Judge of each judicial circuit may must
| 8 | | establish a
drug
court program in compliance with the | 9 | | Problem-Solving Court Standards. At the discretion of the | 10 | | Chief Judge, the drug court program may be operated in one or | 11 | | more counties of the circuit and allow defendants from all | 12 | | counties within the circuit to participate. Drug court | 13 | | programs must be certified by the Illinois Supreme Court | 14 | | including the format under which it operates under
this Act .
| 15 | | (b) Whenever the county boards of 2 or more counties | 16 | | within the same judicial circuit shall determine that a single | 17 | | drug court program would best serve those counties, the county | 18 | | board of each such county may shall adopt a resolution to the | 19 | | effect that there shall be a single drug court program serving | 20 | | those counties, and shall provide a copy of the resolution to | 21 | | the Chief Judge of the judicial circuit. Upon receipt of such a | 22 | | resolution, those resolutions, the Chief Judge may shall | 23 | | establish or, in the case of an existing drug court program, | 24 | | reorganize re-organize a single drug court program to serve | 25 | | those counties. |
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| 1 | | (c) (Blank). Upon petition of the county board by the | 2 | | State's Attorney, the court may, for good cause shown of | 3 | | financial hardship or lack of necessary resources, enter an | 4 | | order delaying the implementation of the requirements of | 5 | | subsection (a) of this Section for an individual county, for a | 6 | | period not to exceed 2 years. | 7 | | (Source: P.A. 96-776, eff. 1-1-10.)
| 8 | | (730 ILCS 166/20)
| 9 | | Sec. 20. Eligibility.
| 10 | | (a) A defendant may be admitted into a drug court program | 11 | | only upon the consent
agreement of the defendant and with the | 12 | | approval of the
court. A defendant agrees to be admitted when a | 13 | | written consent to participate is provided to the court in | 14 | | open court and the defendant acknowledges understanding its | 15 | | contents. | 16 | | (a-5) Each drug court shall have a target population | 17 | | defined in its written policies and procedures. The policies | 18 | | and procedures shall define that court's eligibility and | 19 | | exclusionary criteria.
| 20 | | (b) A defendant shall be excluded from a drug court | 21 | | program if any of one of
the following applies apply :
| 22 | | (1) The crime is a crime of violence as set forth in | 23 | | paragraph clause (4) of this
subsection (b).
| 24 | | (2) The defendant denies his or her use of or | 25 | | addiction to drugs.
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| 1 | | (3) The defendant does not demonstrate a willingness | 2 | | to participate in
a treatment program.
| 3 | | (4) The defendant has been convicted of a crime of | 4 | | violence within the
past 5
10 years excluding | 5 | | incarceration time , parole, and periods of mandatory | 6 | | supervised release . As used in this paragraph Section , | 7 | | "crime of violence" means: first
degree murder, second | 8 | | degree murder, predatory criminal sexual assault of a
| 9 | | child, aggravated criminal sexual assault, criminal sexual | 10 | | assault, armed
robbery, aggravated arson, arson, | 11 | | aggravated kidnaping, kidnapping kidnaping , aggravated
| 12 | | battery resulting in great bodily harm or permanent | 13 | | disability, aggravated domestic battery resulting in great | 14 | | bodily harm or permanent disability, aggravated criminal | 15 | | sexual abuse by a person in a position of trust or | 16 | | authority over a child, stalking,
aggravated stalking, | 17 | | home invasion, aggravated vehicular hijacking, or any | 18 | | offense
involving the discharge of a firearm.
| 19 | | (5) The defendant is charged with a violation of | 20 | | subparagraph (F) of paragraph (1) of subsection (d) of | 21 | | Section 11-501 of the Illinois Vehicle Code in which an | 22 | | individual is charged with aggravated driving under the | 23 | | influence that resulted in the death of another person or | 24 | | when the violation was a proximate cause of the death, | 25 | | unless, pursuant to subparagraph (G) of paragraph (1) of | 26 | | subsection (d) of Section 11-501 of the Illinois Vehicle |
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| 1 | | Code, the court determines that extraordinary | 2 | | circumstances exist and require probation. | 3 | | (c) Notwithstanding subsection (a), the defendant may be | 4 | | admitted into a drug court program only upon the agreement of | 5 | | the prosecutor if the defendant is charged with a Class 2 or | 6 | | greater felony violation of : | 7 | | (1) Section 401, 401.1, 405, or 405.2 of the Illinois | 8 | | Controlled Substances Act; | 9 | | (2) Section 5, 5.1, or 5.2 of the Cannabis Control | 10 | | Act; or | 11 | | (3) Section 15, 20, 25, 30, 35, 40, 45, 50, 55, 56, or | 12 | | 65 of the Methamphetamine Control and Community Protection | 13 | | Act. | 14 | | the defendant is charged with a Class 2 or greater felony | 15 | | violation of: | 16 | | (A) Section 401, 401.1, 405, or 405.2 of the | 17 | | Illinois Controlled Substances Act; | 18 | | (B) Section 5, 5.1, or 5.2 of the Cannabis Control | 19 | | Act; | 20 | | (C) Section 15, 20, 25, 30, 35, 40, 45, 50, 55, 56, | 21 | | or 65 of the Methamphetamine Control and Community | 22 | | Protection Act; or | 23 | | (2) the defendant has previously, on 3 or more | 24 | | occasions, either completed a drug court program, been | 25 | | discharged from a drug court program, or been terminated | 26 | | from a drug court program.
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| 1 | | (Source: P.A. 99-480, eff. 9-9-15.)
| 2 | | (730 ILCS 166/25)
| 3 | | Sec. 25. Procedure.
| 4 | | (a) A The court shall order an eligibility screening and | 5 | | clinical needs an assessment and risk assessment of the
| 6 | | defendant shall be performed as required by the court's | 7 | | policies and procedures prior to the defendant's admission | 8 | | into a drug court. The clinical needs assessment shall be | 9 | | conducted in accordance with the Department of Human Services | 10 | | substance use prevention and recovery rules under 77 Ill. Adm. | 11 | | Code 2060. The assessment shall include, but is not limited | 12 | | to, assessments of substance use and mental and behavioral | 13 | | health needs. The assessment shall be administered by | 14 | | individuals approved under the Department of Human Services | 15 | | substance use prevention and recovery rules for professional | 16 | | staff under 77 Ill. Adm. Code 2060 and used to inform any | 17 | | clinical treatment plans. Clinical treatment plans shall be | 18 | | developed in accordance with the Problem-Solving Court | 19 | | Standards and in part upon the known availability of treatment | 20 | | resources. | 21 | | Any risk assessment shall be performed using an assessment | 22 | | tool approved by the Administrative Office of the Illinois | 23 | | Courts and as required by the court's policies and procedures. | 24 | | by an agent designated by the State of Illinois to provide | 25 | | assessment
services for the Illinois Courts. |
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| 1 | | An assessment need not be ordered if the
court finds a | 2 | | valid assessment related to the present charge pending against
| 3 | | the defendant has been completed within the previous 60 days.
| 4 | | (b) The judge shall inform the defendant that if the | 5 | | defendant fails to
meet the conditions of the drug court | 6 | | program, eligibility to participate in
the
program may be | 7 | | revoked and the defendant may be sentenced or the prosecution
| 8 | | continued as provided in
the
Unified Code of Corrections for | 9 | | the crime charged.
| 10 | | (c) The defendant shall execute a written agreement as to | 11 | | his or her
participation in the program and shall agree to all | 12 | | of the terms and conditions
of the program, including but not | 13 | | limited to the possibility of sanctions or
incarceration for | 14 | | failing to abide or comply with the terms of the program.
| 15 | | (d) In addition to any conditions authorized under the | 16 | | Pretrial Services
Act and Section 5-6-3 of the Unified Code of | 17 | | Corrections, the court may order
the participant to complete | 18 | | mental health counseling or substance use disorder treatment | 19 | | in an outpatient or residential treatment program and may | 20 | | order the participant to comply with physicians' | 21 | | recommendations regarding medications and all follow-up | 22 | | treatment for any mental health diagnosis made by the | 23 | | provider. Substance use disorder treatment programs must be | 24 | | licensed by the Department of Human Services in accordance | 25 | | with the Department of Human Services substance use prevention | 26 | | and recovery rules, or an equivalent standard in any other |
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| 1 | | state where the treatment may take place, and use | 2 | | evidence-based treatment. When referring participants to | 3 | | mental health treatment programs, the court shall prioritize | 4 | | providers certified as community mental health or behavioral | 5 | | health centers if possible. The court shall consider the least | 6 | | restrictive treatment option when ordering mental health or | 7 | | substance use disorder treatment for participants and the | 8 | | results of clinical and risk assessments in accordance with | 9 | | the Problem-Solving Court Standards. defendant to complete | 10 | | substance abuse treatment in an outpatient,
inpatient,
| 11 | | residential, or jail-based custodial treatment program. Any | 12 | | period of time a
defendant shall serve in a jail-based | 13 | | treatment program may not be reduced by
the accumulation of | 14 | | good time or other credits and may be for a period of up to
120 | 15 | | days.
| 16 | | (e) The drug court program shall include a regimen of | 17 | | graduated
requirements , including and rewards and sanctions, | 18 | | including but not limited to: fines,
fees, costs, restitution, | 19 | | incarceration of up to 180 days, individual and group
therapy, | 20 | | substance drug
analysis testing, close monitoring by the | 21 | | court , restitution, at a minimum of once every 30
days
and | 22 | | supervision of progress, educational or vocational counseling | 23 | | as
appropriate, and other
requirements necessary to fulfill | 24 | | the drug court program. Program phases, therapeutic | 25 | | adjustments, incentives, and sanctions, including the use of | 26 | | jail sanctions, shall be administered in accordance with |
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| 1 | | evidence-based practices and the Problem-Solving Court | 2 | | Standards. A participant's failure to pay program fines or | 3 | | fees shall not prevent the participant from advancing phases | 4 | | or successfully completing the program. If the participant | 5 | | defendant needs treatment for an opioid use disorder abuse or | 6 | | dependence, the court may not prohibit the participant | 7 | | defendant from participating in and
receiving | 8 | | medication-assisted medication assisted treatment under the | 9 | | care of
a physician licensed in this State to practice | 10 | | medicine in all
of its branches. Drug court participants may | 11 | | not be required to refrain from using medication-assisted | 12 | | medication assisted treatment as a term or condition of | 13 | | successful completion of the drug court program.
| 14 | | (f) Recognizing that individuals struggling with mental | 15 | | health, substance use, and related co-occurring disorders have | 16 | | often experienced trauma, drug court programs may include | 17 | | specialized service programs specifically designed to address | 18 | | trauma. These specialized services may be offered to | 19 | | individuals admitted to the drug court program. Judicial | 20 | | circuits establishing these specialized programs shall partner | 21 | | with advocates, survivors, and service providers in the | 22 | | development of the programs. Trauma-informed services and | 23 | | programming shall be operated in accordance with | 24 | | evidence-based best practices as outlined by the Substance | 25 | | Abuse and Mental Health Service Administration's National | 26 | | Center for Trauma-Informed Care. |
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| 1 | | (g) The court may establish a mentorship program that | 2 | | provides access and support to program participants by peer | 3 | | recovery coaches. Courts shall be responsible to administer | 4 | | the mentorship program with the support of mentors and local | 5 | | mental health and substance use disorder treatment | 6 | | organizations. | 7 | | (Source: P.A. 99-554, eff. 1-1-17 .)
| 8 | | (730 ILCS 166/30)
| 9 | | Sec. 30. Mental health and substance use disorder | 10 | | Substance abuse treatment.
| 11 | | (a) The drug court program shall maintain a network of | 12 | | substance use disorder abuse
treatment programs representing a | 13 | | continuum of graduated substance use disorder abuse
treatment | 14 | | options commensurate with the needs of the participant | 15 | | defendants .
| 16 | | (b) Any substance use disorder abuse treatment program to | 17 | | which participants defendants are referred
must hold a valid | 18 | | license from the Department of Human Services Division of | 19 | | Substance Use Prevention and Recovery, use evidence-based | 20 | | treatment, and deliver all services in accordance with 77 Ill. | 21 | | Adm. Code 2060, including services available through the | 22 | | United States Department of Veterans Affairs, the Illinois | 23 | | Department of Veterans' Affairs, or Veterans Assistance | 24 | | Commission, or an equivalent standard in any other state where | 25 | | treatment may take place meet all of the rules and governing |
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| 1 | | programs in
Parts 2030 and 2060 of Title 77 of the Illinois | 2 | | Administrative Code .
| 3 | | (c) The drug court program may, at its discretion, employ | 4 | | additional
services or
interventions, as it deems necessary on | 5 | | a case by case basis. | 6 | | (d) The drug court program may maintain or collaborate | 7 | | with a network of mental health treatment programs | 8 | | representing a continuum of treatment options commensurate | 9 | | with the needs of the participant and available resources, | 10 | | including programs with the State and community-based programs | 11 | | supported and sanctioned by the State. Partnerships with | 12 | | providers certified as mental health or behavioral health | 13 | | centers shall be prioritized when possible.
| 14 | | (Source: P.A. 92-58, eff. 1-1-02.)
| 15 | | (730 ILCS 166/35)
| 16 | | Sec. 35. Violation; termination; dismissal from program | 17 | | discharge .
| 18 | | (a) If the court finds from the evidence presented, | 19 | | including, but not limited to, the reports or proffers of | 20 | | proof from the drug court professionals, that: (1) the | 21 | | participant is not complying with the requirements of the | 22 | | treatment program; or (2) the participant has otherwise | 23 | | violated the terms and conditions of the program, the court | 24 | | may impose reasonable sanctions under the prior written | 25 | | agreement of the participant, including, but not limited to, |
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| 1 | | imprisonment or dismissal of the participant from the program, | 2 | | and the court may reinstate criminal proceedings against the | 3 | | participant or proceed under Section 5-6-4 of the Unified Code | 4 | | of Corrections for a violation of probation, conditional | 5 | | discharge, or supervision hearing. If the court finds from the | 6 | | evidence presented including but not limited
to the reports or
| 7 | | proffers of proof from the drug court professionals that: | 8 | | (1) the defendant is not performing
satisfactorily
in | 9 | | the assigned program;
| 10 | | (2) the defendant is not benefitting from education,
| 11 | | treatment, or rehabilitation;
| 12 | | (3) the defendant has engaged in criminal
conduct
| 13 | | rendering him or her unsuitable for the program; or
| 14 | | (4) the defendant has
otherwise
violated the terms and | 15 | | conditions of the program or his or her sentence or is
for | 16 | | any reason unable to participate;
| 17 | | the court may impose reasonable sanctions
under prior written | 18 | | agreement of the defendant, including but not limited to
| 19 | | imprisonment or dismissal of the defendant from the program | 20 | | and the court may
reinstate
criminal proceedings against him | 21 | | or her or proceed under Section 5-6-4 of the
Unified Code of | 22 | | Corrections for a violation of probation,
conditional | 23 | | discharge,
or supervision hearing. | 24 | | (a-5) Based on the evidence presented, the court shall | 25 | | determine whether the participant has violated the conditions | 26 | | of the program and whether the participant should be dismissed |
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| 1 | | from the program or whether, pursuant to the court's policies | 2 | | and procedures, some other alternative may be appropriate in | 3 | | the interests of the participant and the public. | 4 | | (a-10) A participant defendant who is assigned to a | 5 | | substance use disorder abuse treatment program under this Act | 6 | | for an opioid use disorder abuse or dependence is not in | 7 | | violation of the terms or conditions of the program on the | 8 | | basis of his or her participation in medication-assisted | 9 | | medication assisted treatment under the care of a physician | 10 | | licensed in this State to practice medicine in all of its | 11 | | branches.
| 12 | | (a-15) A participant may voluntarily withdraw from the | 13 | | drug court program in accordance with the drug court program's | 14 | | policies and procedures. Prior to allowing the participant to | 15 | | withdraw, the judge shall: | 16 | | (1) ensure that the participant has the right to | 17 | | consult with counsel prior to withdrawal; | 18 | | (2) determine in open court that the withdrawal is | 19 | | made voluntarily and knowingly; and | 20 | | (3) admonish the participant in open court as to the | 21 | | consequences, actual or potential, which can result from | 22 | | withdrawal. | 23 | | Upon withdrawal, the criminal proceedings may be | 24 | | reinstated against the participant or proceedings may be | 25 | | initiated under Section 5-6-4 of the Unified Code of | 26 | | Corrections for a violation of probation, conditional |
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| 1 | | discharge, or supervision hearing. | 2 | | (a-20) No participant may be dismissed from the program | 3 | | unless, prior to dismissal, the participant is informed in | 4 | | writing: | 5 | | (1) of the reason or reasons for the dismissal; | 6 | | (2) the evidentiary basis supporting the reason or | 7 | | reasons for the dismissal; and | 8 | | (3) that the participant has a right to a hearing at | 9 | | which the participant may present evidence supporting the | 10 | | participant's continuation in the program. | 11 | | (a-25) A participant who has not violated the conditions | 12 | | of the program in such a way as to warrant unsuccessful | 13 | | dismissal, but who is unable to complete program requirements | 14 | | to qualify for a successful discharge, may be terminated from | 15 | | the program as a neutral discharge. | 16 | | (b) Upon successful completion of the terms and conditions | 17 | | of the program,
the
court may dismiss the original charges | 18 | | against the participant defendant or successfully
terminate | 19 | | the participant's defendant's sentence or otherwise discharge | 20 | | the participant him or her from any
further proceedings | 21 | | against the participant him or her in the original | 22 | | prosecution.
| 23 | | (c) Upon successful completion of the terms and conditions | 24 | | of the program, any State's Attorney in the county of | 25 | | conviction, participant, or defense attorney may move to | 26 | | vacate any convictions that are eligible for sealing under the |
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| 1 | | Criminal Identification Act. A participant may immediately | 2 | | file a petition to expunge vacated convictions and the | 3 | | associated underlying records per the Criminal Identification | 4 | | Act. If the State's Attorney moves to vacate a conviction, the | 5 | | State's Attorney may not object to expungement of that | 6 | | conviction or the underlying record. | 7 | | (d) The drug court program may maintain or collaborate | 8 | | with a network of legal aid organizations that specialize in | 9 | | conviction relief to support participants navigating the | 10 | | expungement and sealing process. | 11 | | (Source: P.A. 99-554, eff. 1-1-17 .)
| 12 | | (730 ILCS 166/40) | 13 | | Sec. 40. Education seminars for judges. A judge assigned | 14 | | to preside over a drug treatment court shall have experience, | 15 | | training, and continuing education in topics including, but | 16 | | not limited to: | 17 | | (1) criminal law; | 18 | | (2) behavioral health; | 19 | | (3) confidentiality; | 20 | | (4) ethics; | 21 | | (5) evidence-based practices; | 22 | | (6) substance use disorders; | 23 | | (7) mental illness; | 24 | | (8) co-occurring disorders; and | 25 | | (9) presiding over various types of problem-solving |
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| 1 | | courts. The Administrative Office of the Illinois Courts shall | 2 | | conduct education seminars for judges throughout the State on | 3 | | how to operate drug court programs with a specific emphasis on | 4 | | cases involving the illegal possession of methamphetamine.
| 5 | | (Source: P.A. 94-552, eff. 8-12-05.) | 6 | | (730 ILCS 166/45) | 7 | | Sec. 45. Education seminars for drug court prosecutors. | 8 | | Subject to appropriation, the Office of the State's Attorneys | 9 | | Appellate Prosecutor shall conduct mandatory education | 10 | | seminars on the subjects of substance abuse and addiction for | 11 | | all drug court prosecutors throughout the State to ensure that | 12 | | the problem-solving court maintains fidelity to the | 13 | | problem-solving court model. Topics include, but are not | 14 | | limited to, evidence-based screening, assessment and treatment | 15 | | practices, target population, substance use disorders, mental | 16 | | illness, disability, co-occurring disorders, trauma, | 17 | | confidentiality, criminogenic risks and needs, incentives and | 18 | | sanctions, court processes, limited English proficiency, and | 19 | | team dynamics .
| 20 | | (Source: P.A. 99-480, eff. 9-9-15.) | 21 | | (730 ILCS 166/50) | 22 | | Sec. 50. Education seminars for drug court public | 23 | | defenders. Subject to appropriation, the Office of the State | 24 | | Appellate Defender shall conduct mandatory education seminars |
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| 1 | | on the subjects of substance abuse and addiction for all drug | 2 | | court public defenders and assistant public defenders | 3 | | practicing in drug courts throughout the State to ensure that | 4 | | the problem-solving court maintains fidelity to the | 5 | | problem-solving court model. Topics include, but are not | 6 | | limited to, evidence-based screening, assessment and treatment | 7 | | practices, target population, substance use disorders, mental | 8 | | illness, disability, co-occurring disorders, trauma, | 9 | | confidentiality, criminogenic risks and needs, incentives and | 10 | | sanctions, court processes, limited English proficiency, and | 11 | | team dynamics .
| 12 | | (Source: P.A. 99-480, eff. 9-9-15.) | 13 | | Section 10. The Veterans and Servicemembers Court
| 14 | | Treatment Act is amended by changing Sections 5, 10, 15, 20, | 15 | | 25, 30, and 35 and by adding Sections 40, 45, and 50 as | 16 | | follows: | 17 | | (730 ILCS 167/5)
| 18 | | Sec. 5. Purposes. The General Assembly recognizes that | 19 | | veterans and active servicemembers, including , Reserve
and | 20 | | National Guard servicemembers , have provided or are currently | 21 | | providing an invaluable
service to our country. Some veterans | 22 | | and active duty servicemembers In so doing, some may suffer | 23 | | from the effects of their service , including , but not limited | 24 | | to, post-traumatic
post traumatic stress disorder, traumatic |
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| 1 | | brain injury, depression and may also suffer drug and
alcohol | 2 | | dependency or addiction and co-occurring mental illness and | 3 | | substance use disorder abuse problems.
As a result of this , | 4 | | some veterans or active duty servicemembers come into contact | 5 | | with the
criminal justice system and are charged with felony | 6 | | or misdemeanor offenses. There is a critical
need for the | 7 | | criminal justice system to recognize these veterans, provide | 8 | | accountability for their
wrongdoing, provide for the safety of | 9 | | the public , and provide for the treatment of such our | 10 | | veterans. It
is the intent of the General Assembly to create | 11 | | specialized veteran and servicemember courts in accordance | 12 | | with evidence-based practices and Problem-Solving Court | 13 | | Standards for addressing substance use, mental health, and | 14 | | co-occurring disorders or
programs with the necessary | 15 | | flexibility to meet the specialized needs for an array of | 16 | | services and supports among participants in certified veteran | 17 | | and servicemember court programs in the State problems faced | 18 | | by these veteran
and servicemember defendants .
| 19 | | (Source: P.A. 96-924, eff. 6-14-10.) | 20 | | (730 ILCS 167/10)
| 21 | | Sec. 10. Definitions. In this Act: | 22 | | "Certification" means the process by which a | 23 | | problem-solving court obtains approval from the Supreme Court | 24 | | to operate in accordance with the Problem-Solving Court | 25 | | Standards. |
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| 1 | | "Clinical treatment plan" means an evidence-based, | 2 | | comprehensive, and individualized plan that: (i) is developed | 3 | | by a qualified professional in accordance with the Department | 4 | | of Human Services substance use prevention and recovery rules | 5 | | under 77 Ill. Adm. Code 2060 or an equivalent standard in any | 6 | | state where treatment may take place; and (ii) defines the | 7 | | scope of treatment services to be delivered by a court | 8 | | treatment provider. | 9 | | "Combination Veterans and Servicemembers court program" | 10 | | means a type of problem-solving court that allows an | 11 | | individual to enter a problem-solving court before a plea, | 12 | | conviction, or disposition while also permitting an individual | 13 | | who has admitted guilt, or been found guilty, to enter a | 14 | | problem-solving court as a part of the individual's sentence | 15 | | or disposition. "Combination Veterans and Servicemembers Court | 16 | | program" means a court program that
includes a | 17 | | pre-adjudicatory and a post-adjudicatory Veterans and | 18 | | Servicemembers court
program.
| 19 | | "Community behavioral health center" means a physical site | 20 | | where behavioral healthcare services are provided in | 21 | | accordance with the Community Behavioral Health Center | 22 | | Infrastructure Act. | 23 | | "Community mental health center" means an entity: | 24 | | (1) licensed by the Department of Public Health as a | 25 | | community mental health center in accordance with the | 26 | | conditions of participation for community mental health |
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| 1 | | centers established by the Centers for Medicare and | 2 | | Medicaid Services; and | 3 | | (2) that provides outpatient services, including | 4 | | specialized outpatient services, for individuals who are | 5 | | chronically mental ill. | 6 | | "Co-occurring mental health and substance use disorders | 7 | | court program" means a program that includes an individual | 8 | | with co-occurring mental illness and substance use disorder | 9 | | diagnoses and professionals with training and experience in | 10 | | treating individuals with diagnoses of substance use disorder | 11 | | and mental illness. | 12 | | "Court" means veterans and servicemembers court Veterans | 13 | | and Servicemembers Court . | 14 | | "IDVA" means the Illinois Department of Veterans' Affairs. | 15 | | "Peer recovery coach" means a volunteer veteran mentor as | 16 | | defined nationally by Justice for Vets and assigned to a | 17 | | veteran or servicemember during participation in a veteran | 18 | | treatment court program who has been approved by the court, | 19 | | and trained according to curriculum recommended by Justice for | 20 | | Vets, a service provider used by the court for substance use | 21 | | disorder or mental health treatment, a local service provider | 22 | | with an established peer recovery coach or mentor program not | 23 | | otherwise used by the court for treatment, or a Certified | 24 | | Recovery Support Specialist certified by the Illinois | 25 | | Certification Board. "Peer recovery coach" includes | 26 | | individuals with lived experiences of the issues the |
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| 1 | | problem-solving court seeks to address, including, but not | 2 | | limited to, substance use disorder, mental illness, and | 3 | | co-occurring disorders or involvement with the criminal | 4 | | justice system. "Peer recovery coach" includes individuals | 5 | | required to guide and mentor the participant to successfully | 6 | | complete assigned requirements and to facilitate participants' | 7 | | independence for continued success once the supports of the | 8 | | court are no longer available to them. and certified by the | 9 | | court to guide and mentor the participant to successfully | 10 | | complete the assigned requirements. | 11 | | "Post-adjudicatory veterans and servicemembers court | 12 | | program Veterans and Servicemembers Court Program " means a | 13 | | program that allows a defendant who in
which the defendant has | 14 | | admitted guilt or has been found guilty and agrees, with the | 15 | | defendant's consent, and the approval of the court, along with | 16 | | the
prosecution, to enter a veterans and servicemembers court | 17 | | Veterans and Servicemembers Court program as part of the | 18 | | defendant's
sentence or disposition .
| 19 | | "Pre-adjudicatory veterans and servicemembers court | 20 | | program Veterans and Servicemembers Court Program " means a | 21 | | program that
allows the defendant , with the defendant's | 22 | | consent and the approval of the court, to enter the Veterans | 23 | | and Servicemembers Court program before plea, conviction, or | 24 | | disposition with the consent of the prosecution, to expedite | 25 | | the defendant's criminal
case before conviction or before | 26 | | filing of a criminal case and requires successful completion |
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| 1 | | of
the Veterans and Servicemembers Court programs as part of | 2 | | the agreement.
| 3 | | "Problem-Solving Court Standards" means the statewide | 4 | | standards adopted by the Supreme Court that set forth the | 5 | | minimum requirements for the planning, establishment, | 6 | | certification, operation, and evaluation of all | 7 | | problem-solving courts in this State. | 8 | | "Servicemember" means a person who is currently serving in | 9 | | the Army, Air Force,
Marines, Navy, or Coast Guard on active | 10 | | duty, reserve status or in the National Guard.
| 11 | | "VA" means the United States Department of Veterans' | 12 | | Affairs. | 13 | | "VAC" means a veterans assistance commission. | 14 | | "Validated clinical assessment" means a validated | 15 | | assessment tool administered by a qualified clinician to | 16 | | determine the treatment needs of participants. "Validated | 17 | | clinical assessment" includes assessment tools required by | 18 | | public or private insurance. | 19 | | "Veteran" means a person who previously served as an in | 20 | | the active servicemember military, naval, or air service and | 21 | | who
was discharged or released therefrom under conditions | 22 | | other than dishonorable .
| 23 | | "Veterans and servicemembers court Servicemembers Court | 24 | | professional" means a member of the veterans and | 25 | | servicemembers court Veterans and
Servicemembers Court team, | 26 | | including , but not limited to , a judge, prosecutor, defense
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| 1 | | attorney, probation officer, coordinator, treatment provider , | 2 | | or peer recovery coach .
| 3 | | "Veterans and servicemembers court", "veterans and | 4 | | servicemembers court program", "court", or "program" means a | 5 | | specially designated court, court calendar, or docket | 6 | | facilitating intensive therapeutic treatment to monitor and | 7 | | assist veteran or servicemember participants with substance | 8 | | use disorder, mental illness, co-occurring disorders, or other | 9 | | assessed treatment needs of eligible veteran and servicemember | 10 | | participants and in making positive lifestyle changes and | 11 | | reducing the rate of recidivism. Veterans and servicemembers | 12 | | court programs are nonadversarial in nature and bring | 13 | | Servicemembers Court" means a court or program with an | 14 | | immediate and
highly structured judicial intervention process | 15 | | for substance abuse treatment, mental health, or
other | 16 | | assessed treatment needs of eligible veteran and servicemember | 17 | | defendants that brings
together substance use disorder abuse | 18 | | professionals, mental health professionals, VA professionals, | 19 | | local
social programs , and intensive judicial monitoring in | 20 | | accordance with the nationally
recommended 10 key components | 21 | | of veterans treatment courts and the Problem-Solving Court | 22 | | Standards. Common features of a veterans and servicemembers | 23 | | court program include, but are not limited to, a designated | 24 | | judge and staff; specialized intake and screening procedures; | 25 | | coordinated treatment procedures administered by a trained, | 26 | | multidisciplinary professional team; close evaluation of |
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| 1 | | participants, including continued assessments and modification | 2 | | of the court requirements and use of sanctions, incentives, | 3 | | and therapeutic adjustments to address behavior; frequent | 4 | | judicial interaction with participants; less formal court | 5 | | process and procedures; voluntary participation; and a low | 6 | | treatment staff-to-client ratio drug courts .
| 7 | | (Source: P.A. 99-314, eff. 8-7-15; 99-819, eff. 8-15-16.) | 8 | | (730 ILCS 167/15) | 9 | | Sec. 15. Authorization. | 10 | | (a) The Chief Judge of each judicial circuit may shall | 11 | | establish a veterans
Veterans and servicemembers court | 12 | | Servicemembers Court program in compliance with the | 13 | | Problem-Solving Court Standards including a format under which | 14 | | it operates under
this Act . The veterans Veterans and | 15 | | servicemembers court Servicemembers Court may, at the | 16 | | discretion of the Chief Judge, be a
separate court or a program | 17 | | of a problem-solving court, including , but not limited to , a | 18 | | drug court , or mental health court , or a court for individuals | 19 | | with either substance use, mental health, or co-occurring | 20 | | disorders . At the discretion of the Chief
Judge, the Veterans | 21 | | and Servicemembers Court program may be operated in one or | 22 | | more counties in the
Circuit, and allow veteran and | 23 | | servicemember defendants from all counties within the Circuit | 24 | | to
participate.
| 25 | | (b) Whenever the county boards of 2 or more counties |
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| 1 | | within the same judicial circuit determine that a single | 2 | | veteran and servicemembers court program would best serve | 3 | | those counties, the county board of each such county may adopt | 4 | | a resolution to the effect that there shall be a single veteran | 5 | | and servicemembers court program serving those counties, and | 6 | | shall provide a copy of the resolution to the Chief Judge of | 7 | | the judicial circuit. Upon receipt of those resolutions, the | 8 | | Chief Judge may establish or, in the case of an existing | 9 | | veteran and servicemembers court program, reorganize a single | 10 | | program to serve those counties. | 11 | | (Source: P.A. 99-807, eff. 1-1-18; 100-88, eff. 1-1-18 .) | 12 | | (730 ILCS 167/20) | 13 | | Sec. 20. Eligibility. Veterans and servicemembers | 14 | | Servicemembers are eligible for veterans Veterans and | 15 | | servicemembers courts
Servicemembers Courts , provided the | 16 | | following:
| 17 | | (a) A defendant, who is eligible for probation based on | 18 | | the nature of the crime convicted of and in consideration of | 19 | | his or her criminal background, if any, may be admitted into a | 20 | | Veterans and Servicemembers Court program
before adjudication | 21 | | only upon the agreement of the defendant and with the approval | 22 | | of the Court.
A defendant may be admitted into a veterans | 23 | | Veterans and servicemembers court Servicemembers Court program | 24 | | post-adjudication only upon the consent of the defendant and | 25 | | with the approval of the court. A defendant agrees to be |
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| 1 | | admitted when a written consent to participate is provided to | 2 | | the court in open court and the defendant acknowledges | 3 | | understanding of its contents. | 4 | | (a-5) Each veterans and servicemembers court shall have a | 5 | | target population defined in its written policies and | 6 | | procedures. The policies and procedures shall define that | 7 | | court's eligibility and exclusionary criteria. | 8 | | (b) A defendant shall be excluded from Veterans and | 9 | | Servicemembers Court program if
any of one of the following | 10 | | applies:
| 11 | | (1) The crime is a crime of violence as set forth in | 12 | | paragraph clause (3) of this subsection (b). | 13 | | (2) The defendant does not demonstrate a willingness | 14 | | to participate in a treatment
program.
| 15 | | (3) The defendant has been convicted of a crime of | 16 | | violence within the past 5 10
years excluding | 17 | | incarceration time , parole, and periods of mandatory | 18 | | supervised release. As used in this paragraph, "crime of | 19 | | violence" means: , including first degree murder,
second | 20 | | degree murder, predatory criminal sexual assault of a | 21 | | child, aggravated criminal
sexual assault, criminal sexual | 22 | | assault, armed robbery, aggravated arson, arson,
| 23 | | aggravated kidnapping and kidnapping, aggravated battery | 24 | | resulting in great bodily harm
or permanent disability, | 25 | | aggravated domestic battery resulting in great bodily harm | 26 | | or permanent disability, aggravated criminal sexual abuse |
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| 1 | | by a person in a position of trust or authority over a | 2 | | child, stalking, aggravated stalking, home invasion, | 3 | | aggravated vehicular hijacking, or any offense involving | 4 | | the
discharge of a firearm. | 5 | | (4) The defendant is charged with a violation of | 6 | | subparagraph (F) of paragraph (1) of subsection (d) of | 7 | | Section 11-501 of the Illinois Vehicle Code in which an | 8 | | individual is charged with aggravated driving under the | 9 | | influence that resulted in the death of another person or | 10 | | when the violation was a proximate cause of the death, | 11 | | unless, pursuant to subparagraph (G) of paragraph (1) of | 12 | | subsection (d) of Section 11-501 of the Illinois Vehicle | 13 | | Code, the court determines that extraordinary | 14 | | circumstances exist and require probation. (Blank).
| 15 | | (5) (Blank). | 16 | | (6) (Blank). The sentence imposed on the defendant, | 17 | | whether the result of a plea or a finding of guilt, renders | 18 | | the defendant ineligible for probation.
| 19 | | (c) Notwithstanding subsection (a), the defendant may be | 20 | | admitted into a veterans and servicemembers court program only | 21 | | upon the agreement of the prosecutor if the defendant is | 22 | | charged with a Class 2 or
greater felony violation of: | 23 | | (1) Section 401, 401.1, 405, or 405.2 of the
| 24 | | Illinois Controlled Substances Act; | 25 | | (2) Section 5, 5.1, or 5.2 of the Cannabis
Control | 26 | | Act; or |
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| 1 | | (3) Section 15, 20, 25, 30, 35, 40, 45, 50, 55,
56, | 2 | | or 65 of the Methamphetamine Control and Community | 3 | | Protection Act. | 4 | | (Source: P.A. 100-426, eff. 1-1-18; 101-652, eff. 7-1-21 .) | 5 | | (730 ILCS 167/25)
| 6 | | Sec. 25. Procedure. | 7 | | (a) A The Court shall order the defendant to submit to an | 8 | | eligibility screening and clinical needs and an
assessment and | 9 | | risk assessment of the defendant shall be performed as | 10 | | required by the court's policies and procedures prior to the | 11 | | defendant's admission into a veteran and servicemembers court. | 12 | | The assessment shall be conducted through the VA, VAC, and/or | 13 | | the IDVA to provide information on the defendant's veteran
or | 14 | | servicemember status.
| 15 | | Any risk assessment shall be performed using an assessment | 16 | | tool approved by the Administrative Office of the Illinois | 17 | | Courts and as required by the court's policies and procedures. | 18 | | (b) A The Court shall order the defendant to submit to an | 19 | | eligibility screening and mental
health and substance use | 20 | | disorder drug/alcohol screening and assessment of the | 21 | | defendant shall be performed by the VA, VAC, or by the IDVA , or | 22 | | as otherwise outlined and as required by the court's policies | 23 | | and procedures to
provide assessment services for Illinois | 24 | | Courts . The assessment shall include , but is not limited to, | 25 | | assessments of substance use and mental and behavioral health |
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| 1 | | needs. The clinical needs assessment shall be administered by | 2 | | a qualified professional of the VA, VAC, or IDVA, or | 3 | | individuals who meet the Department of Human Services | 4 | | substance use prevention and recovery rules for professional | 5 | | staff under 77 Ill. Adm. Code 2060, or an equivalent standard | 6 | | in any other state where treatment may take place, and used to | 7 | | inform any clinical treatment plans. Clinical treatment plans | 8 | | shall be developed, in accordance with the Problem-Solving | 9 | | Court Standards and a risks
assessment and be based, in part, | 10 | | upon the known availability of treatment resources available | 11 | | to
the veterans Veterans and servicemembers court | 12 | | Servicemembers Court . The assessment shall also include | 13 | | recommendations
for treatment of the conditions which are | 14 | | indicating a need for treatment under the monitoring
of the | 15 | | Court and be reflective of a level of risk assessed for the | 16 | | individual seeking admission. An
assessment need not be | 17 | | ordered if the court Court finds a valid screening or and/or | 18 | | assessment related to
the present charge pending against the | 19 | | defendant has been completed within the previous 60
days.
| 20 | | (c) The judge shall inform the defendant that if the | 21 | | defendant fails to meet the conditions
of the veterans | 22 | | Veterans and servicemembers court Servicemembers Court | 23 | | program, eligibility to participate in the program may
be | 24 | | revoked and the defendant may be sentenced or the prosecution | 25 | | continued as provided in the
Unified Code of Corrections for | 26 | | the crime charged.
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| 1 | | (d) The defendant shall execute a written agreement with | 2 | | the court Court as to the defendant's his or her
participation | 3 | | in the program and shall agree to all of the terms and | 4 | | conditions of the program,
including but not limited to the | 5 | | possibility of sanctions or incarceration for failing to abide | 6 | | or
comply with the terms of the program.
| 7 | | (e) In addition to any conditions authorized under the | 8 | | Pretrial Services Act and Section 5-6-3 of the Unified Code of | 9 | | Corrections, the court Court may order the participant to | 10 | | complete mental health counseling or substance use disorder | 11 | | treatment in an outpatient or residential treatment program | 12 | | and may order the participant to comply with physicians' | 13 | | recommendations regarding medications and all follow-up | 14 | | treatment for any mental health diagnosis made by the | 15 | | provider. Substance use disorder treatment programs must be | 16 | | licensed by the Department of Human Services in accordance | 17 | | with the Department of Human Services substance use prevention | 18 | | and recovery rules, or an equivalent standard in any other | 19 | | state where the treatment may take place, and use | 20 | | evidence-based treatment. When referring participants to | 21 | | mental health treatment programs, the court shall prioritize | 22 | | providers certified as community mental health or behavioral | 23 | | health centers if possible. The court shall consider the least | 24 | | restrictive treatment option when ordering mental health or | 25 | | substance use disorder treatment for participants and the | 26 | | results of clinical and risk assessments in accordance with |
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| 1 | | the Problem-Solving Court Standards. defendant to complete | 2 | | substance
abuse treatment in an outpatient, inpatient, | 3 | | residential, or jail-based custodial treatment program,
order | 4 | | the defendant to complete mental health counseling in an | 5 | | inpatient or outpatient basis,
comply with physicians' | 6 | | recommendation regarding medications and all follow up | 7 | | treatment.
This treatment may include but is not limited to | 8 | | post-traumatic stress disorder, traumatic brain
injury and | 9 | | depression. | 10 | | (e-5) The veterans and servicemembers court shall include | 11 | | a regimen of graduated requirements, including individual and | 12 | | group therapy, substance analysis testing, close monitoring by | 13 | | the court, supervision of progress, restitution, educational | 14 | | or vocational counseling as appropriate, and other | 15 | | requirements necessary to fulfill the veterans and | 16 | | servicemembers court program. Program phases, therapeutic | 17 | | adjustments, incentives, and sanctions, including the use of | 18 | | jail sanctions, shall be administered in accordance with | 19 | | evidence-based practices and the Problem-Solving Court | 20 | | Standards. If the participant needs treatment for an opioid | 21 | | use disorder or dependence, the court may not prohibit the | 22 | | participant from receiving medication-assisted treatment under | 23 | | the care of a physician licensed in this State to practice | 24 | | medicine in all of its branches. Veterans and servicemembers | 25 | | court participants may not be required to refrain from using | 26 | | medication-assisted treatment as a term or condition of |
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| 1 | | successful completion of the veteran and servicemembers court | 2 | | program. | 3 | | (e-10) Recognizing that individuals struggling with mental | 4 | | health, substance use, and related co-occurring disorders have | 5 | | often experienced trauma, veterans and servicemembers court | 6 | | programs may include specialized service programs specifically | 7 | | designed to address trauma. These specialized services may be | 8 | | offered to individuals admitted to the veterans and | 9 | | servicemembers court program. Judicial circuits establishing | 10 | | these specialized programs shall partner with advocates, | 11 | | survivors, and service providers in the development of the | 12 | | programs. Trauma-informed services and programming shall be | 13 | | operated in accordance with evidence-based best practices as | 14 | | outlined by the Substance Abuse and Mental Health Service | 15 | | Administration's National Center for Trauma-Informed Care | 16 | | (SAMHSA).
| 17 | | (f) The Court may establish a mentorship program that | 18 | | provides access and support to program participants by peer | 19 | | recovery coaches. Courts shall be responsible to administer | 20 | | the mentorship program with the support of volunteer veterans | 21 | | and local veteran service organizations, including a VAC. Peer | 22 | | recovery coaches shall be trained and certified by the Court | 23 | | prior to being assigned to participants in the program. | 24 | | (Source: P.A. 99-314, eff. 8-7-15; 99-819, eff. 8-15-16.) | 25 | | (730 ILCS 167/30)
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| 1 | | Sec. 30. Mental health and substance use disorder abuse | 2 | | treatment. | 3 | | (a) The veterans Veterans and servicemembers court | 4 | | Servicemembers Court program may maintain a network of
| 5 | | substance use disorder abuse treatment programs representing a | 6 | | continuum of graduated substance use disorder abuse
treatment | 7 | | options commensurate with the needs of participants | 8 | | defendants ; these shall include programs with
the VA, IDVA, a | 9 | | VAC, the State , of Illinois and community-based programs | 10 | | supported and sanctioned by
either or both.
| 11 | | (b) Any substance use disorder abuse treatment program to | 12 | | which participants defendants are referred must hold a valid | 13 | | license from the Department of Human Services Division of | 14 | | Substance Use Prevention and Recovery, use evidence-based | 15 | | treatment, and deliver all services in accordance with 77 Ill. | 16 | | Adm. code 2060, including services available through the VA, | 17 | | IDVA or VAC, or an equivalent standard in any other state where | 18 | | treatment may take place meet
all of the rules and governing | 19 | | programs in Parts 2030 and 2060 of Title 77 of the Illinois
| 20 | | Administrative Code .
| 21 | | (c) The veterans Veterans and servicemembers court | 22 | | Servicemembers Court program may, in its discretion, employ
| 23 | | additional services or interventions, as it deems necessary on | 24 | | a case by case basis.
| 25 | | (d) The veterans Veterans and servicemembers court | 26 | | Servicemembers Court program may maintain or collaborate with |
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| 1 | | a
network of mental health treatment programs and, if it is a | 2 | | co-occurring mental health and
substance use disorders abuse | 3 | | court program, a network of substance use disorder abuse | 4 | | treatment programs representing a
continuum of treatment | 5 | | options commensurate with the needs of the participant | 6 | | defendant and available
resources including programs with the | 7 | | VA, the IDVA, a VAC, and the State of Illinois. When not using | 8 | | mental health treatment or services available through the VA, | 9 | | IDVA, or VAC, partnerships with providers certified as | 10 | | community mental health or behavioral health centers shall be | 11 | | prioritized, as possible.
| 12 | | (Source: P.A. 99-819, eff. 8-15-16.) | 13 | | (730 ILCS 167/35)
| 14 | | Sec. 35. Violation; termination; dismissal from the | 15 | | program discharge . | 16 | | (a) If the court finds from the evidence presented, | 17 | | including, but not limited to, the reports or proffers of | 18 | | proof from the veterans and servicemembers court | 19 | | professionals, that: (1) the participant is not complying with | 20 | | the requirements of the treatment program; or (2) the | 21 | | participant has otherwise violated the terms and conditions of | 22 | | the program, the court may impose reasonable sanctions under | 23 | | the prior written agreement of the participant, including, but | 24 | | not limited to, imprisonment or dismissal of the participant | 25 | | from the program and the court may reinstate criminal |
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| 1 | | proceedings against the participant or proceed under Section | 2 | | 5-6-4 of the Unified Code of Corrections for a violation of | 3 | | probation, conditional discharge, or supervision hearing. If | 4 | | the Court finds from the evidence presented including but not | 5 | | limited to the reports
or proffers of proof from the Veterans | 6 | | and Servicemembers Court professionals that:
| 7 | | (1) the defendant is not performing satisfactorily in | 8 | | the assigned program; | 9 | | (2) the defendant is not benefitting from education, | 10 | | treatment, or rehabilitation; | 11 | | (3) the defendant has engaged in criminal conduct | 12 | | rendering him or her
unsuitable for the program; or
| 13 | | (4) the defendant has otherwise violated the terms and | 14 | | conditions of the program
or his or her sentence or is for | 15 | | any reason unable to participate; the Court may impose | 16 | | reasonable sanctions under prior written agreement of the
| 17 | | defendant, including but not limited to imprisonment or | 18 | | dismissal of the defendant from the
program and the Court | 19 | | may reinstate criminal proceedings against him or her or | 20 | | proceed under
Section 5-6-4 of the Unified Code of | 21 | | Corrections for a violation of probation, conditional
| 22 | | discharge, or supervision hearing. | 23 | | (a-5) Based on the evidence presented, the court shall | 24 | | determine whether the participant has violated the conditions | 25 | | of the program and whether the participant should be dismissed | 26 | | from the program or whether, pursuant to the court's policies |
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| 1 | | and procedures, some other alternative may be appropriate in | 2 | | the interests of the participant and the public. | 3 | | (a-10) A participant who is assigned to a substance use | 4 | | disorder treatment program under this Act for an opioid use | 5 | | disorder is not in violation of the terms or conditions of the | 6 | | program on the basis of participation in medication-assisted | 7 | | treatment under the care of a physician licensed in this State | 8 | | to practice medicine in all of its branches. | 9 | | (a-15) A participant may voluntarily withdraw from the | 10 | | veterans and servicemembers court program in accordance with | 11 | | the program's policies and procedures. Prior to allowing the | 12 | | participant to withdraw, the judge shall: | 13 | | (1) ensure that the participant has the right to | 14 | | consult with counsel prior to withdrawal; | 15 | | (2) determine in open court that the withdrawal is | 16 | | made voluntarily and knowingly; and | 17 | | (3) admonish the participant in open court as to | 18 | | the consequences, actual or potential, which can | 19 | | result from withdrawal. | 20 | | Upon withdrawal, the criminal proceedings may be | 21 | | reinstated against the participant or proceedings may be | 22 | | initiated under Section 5-6-4 of the Unified Code of | 23 | | Corrections for a violation of probation, conditional | 24 | | discharge, or supervision hearing. | 25 | | (a-20) A participant who has not violated the conditions | 26 | | of the program in such a way as to warrant unsuccessful |
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| 1 | | dismissal, but who is unable to complete program requirements | 2 | | to qualify for a successful discharge, may be terminated from | 3 | | the program as a neutral discharge. | 4 | | (b) Upon successful completion of the terms and conditions | 5 | | of the program, the court Court
may dismiss the original | 6 | | charges against the participant defendant or successfully | 7 | | terminate the participant's defendant's
sentence or otherwise | 8 | | discharge the participant him or her from any further | 9 | | proceedings against the participant him or her in
the original | 10 | | prosecution.
| 11 | | (c) Upon successful completion of the terms and conditions | 12 | | of the program, any State's Attorney in the county of | 13 | | conviction, a participant, or defense attorney may move to | 14 | | vacate any convictions that are eligible for sealing under the | 15 | | Criminal Identification Act. A participant may immediately | 16 | | file a petition to expunge vacated convictions and the | 17 | | associated underlying records per the Criminal Identification | 18 | | Act. If the State's Attorney moves to vacate a conviction, the | 19 | | State's Attorney may not object to expungement of that | 20 | | conviction or the underlying record. | 21 | | (d) Veterans and servicemembers court programs may | 22 | | maintain or collaborate with a network of legal aid | 23 | | organizations that specialize in conviction relief to support | 24 | | participants navigating the expungement and sealing process. | 25 | | (Source: P.A. 96-924, eff. 6-14-10.) |
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| 1 | | (730 ILCS 167/40 new) | 2 | | Sec. 40. Education for judges. A judge assigned to preside | 3 | | over a veteran and servicemembers court shall have experience, | 4 | | training, and continuing education in topics including, but | 5 | | not limited to: | 6 | | (1) criminal law; | 7 | | (2) behavioral health; | 8 | | (3) confidently; | 9 | | (4) ethics; | 10 | | (5) evidence-based practices; | 11 | | (6) substance use disorders; | 12 | | (7) mental illness; | 13 | | (8) co-occurring disorders; and | 14 | | (9) presiding over various types of problem-solving | 15 | | courts. | 16 | | (730 ILCS 167/45 new) | 17 | | Sec. 45. Education seminars for veterans and | 18 | | servicemembers court prosecutors. Subject to appropriation, | 19 | | the Office of the State's Attorneys Appellate Prosecutor shall | 20 | | conduct mandatory education seminars for all prosecutors | 21 | | serving in veterans and servicemembers courts throughout the | 22 | | State to ensure that the problem-solving court maintains | 23 | | fidelity to the problem-solving court model. Topics include, | 24 | | but are not limited to, evidence-based screening, assessment | 25 | | and treatment practices, target population, substance use |
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| 1 | | disorders, mental illness, disability, co-occurring disorders, | 2 | | trauma, confidentiality, criminogenic risks and needs, | 3 | | incentives and sanctions, court processes, limited English | 4 | | proficiency, military culture and language, and team dynamics. | 5 | | (730 ILCS 167/50 new) | 6 | | Sec. 50. Education seminars for veteran and servicemembers | 7 | | court public defenders. Subject to appropriation, the Office | 8 | | of the State Appellate Defender shall conduct mandatory | 9 | | education seminars for all public defenders and assistant | 10 | | public defenders practicing in veterans and servicemembers | 11 | | courts throughout the State to ensure that the problem-solving | 12 | | court maintains fidelity to the problem-solving court model. | 13 | | Topics include, but are not limited to, evidence-based | 14 | | screening, assessment and training practices, target | 15 | | population, substance use disorders, mental illness, | 16 | | disability, co-occurring disorders, trauma, confidentiality, | 17 | | criminogenic risks and needs, incentives and sanctions, court | 18 | | processes, limited English proficiency, military culture and | 19 | | language, and team dynamics. | 20 | | Section 15. The Mental Health Court Treatment Act is | 21 | | amended by changing Sections 5, 10, 15, 20, 25, 30, and 35 and | 22 | | by adding Sections 41, 45, and 50 as follows: | 23 | | (730 ILCS 168/5)
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| 1 | | Sec. 5. Purposes. The General Assembly recognizes that | 2 | | individuals with diagnosable mental illness may come into | 3 | | contact with the criminal justice system and be charged with | 4 | | felony or misdemeanor offenses a large percentage of criminal | 5 | | defendants have a diagnosable mental illness and that mental | 6 | | illnesses have a dramatic effect on the criminal justice | 7 | | system in the State of Illinois . The General Assembly also | 8 | | recognizes that mental illness and substance use disorders | 9 | | abuse problems co-occur in a substantial percentage of | 10 | | criminal defendants. There is a critical need for the a | 11 | | criminal justice system to recognize individuals struggling | 12 | | with these issues, provide alternatives to incarceration to | 13 | | address mental illness, and provide appropriate access to | 14 | | treatment and support to such individuals. program that will | 15 | | reduce the number of persons with mental illnesses and with | 16 | | co-occurring mental illness and substance abuse problems in | 17 | | the criminal justice system, reduce recidivism among persons | 18 | | with mental illness and with co-occurring mental illness and | 19 | | substance abuse problems, provide appropriate treatment to | 20 | | persons with mental illnesses and co-occurring mental illness | 21 | | and substance abuse problems and reduce the incidence of | 22 | | crimes committed as a result of mental illnesses or | 23 | | co-occurring mental illness and substance abuse problems. It | 24 | | is the intent of the General Assembly to create specialized | 25 | | mental health courts in accordance with evidence-based | 26 | | practices and Problem-Solving Court Standards for addressing |
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| 1 | | substance use and co-occurring disorders with the necessary | 2 | | flexibility to meet the needs for an array of services and | 3 | | supports among participants in certified mental health court | 4 | | programs problems of criminal defendants with mental illnesses | 5 | | and co-occurring mental illness and substance abuse problems | 6 | | in the State of Illinois.
| 7 | | (Source: P.A. 95-606, eff. 6-1-08 .) | 8 | | (730 ILCS 168/10)
| 9 | | Sec. 10. Definitions. As used in this Act: | 10 | | "Certification" means the process by which a | 11 | | problem-solving court obtains approval from the Supreme Court | 12 | | to operate in accordance with the Problem-Solving Court | 13 | | Standards. | 14 | | "Clinical treatment plan" means an evidence-based, | 15 | | comprehensive, and individualized plan that: (i) is developed | 16 | | by a qualified professional in accordance with Department of | 17 | | Human Services substance use prevention and recovery rules | 18 | | under 77 Ill. Adm. Code 2060 or an equivalent standard in any | 19 | | state where treatment may take place; and (ii) defines the | 20 | | scope of treatment services to be delivered by a court | 21 | | treatment provider. | 22 | | "Combination mental health court program" means a type of | 23 | | problem-solving court that allows an individual to enter a | 24 | | problem-solving court before a plea, conviction, or | 25 | | disposition while also permitting an individual who has |
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| 1 | | admitted guilt, or been found guilty, to enter a | 2 | | problem-solving court as a part of the individual's sentence | 3 | | or disposition. | 4 | | "Community behavioral health center" means a physical site | 5 | | where behavioral healthcare services are provided in | 6 | | accordance with the Community Behavioral Health Center | 7 | | Infrastructure Act. | 8 | | "Community mental health center" means an entity: | 9 | | (1) licensed by the Department of Public Health as a | 10 | | community mental health center in accordance with the | 11 | | conditions of participation for community mental health | 12 | | centers established by the Centers for Medicare and | 13 | | Medicaid Services; and | 14 | | (2) that provides outpatient services, including | 15 | | specialized outpatient services, for individuals who are | 16 | | chronically mental ill. | 17 | | "Co-occurring mental health and substance use disorders | 18 | | court program" means a program that includes an individual | 19 | | with co-occurring mental illness and substance use disorder | 20 | | diagnoses and professionals with training and experience in | 21 | | treating individuals with diagnoses of substance use disorder | 22 | | and mental illness. | 23 | | "Mental health court", "mental health court program", | 24 | | "court", or "program" means a specially designated court, | 25 | | court calendar, or docket facilitating intensive therapeutic | 26 | | treatment to monitor and assist participants with mental |
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| 1 | | illness in making positive lifestyle changes and reducing the | 2 | | rate of recidivism. Mental health court programs are | 3 | | nonadversarial in nature and bring together mental health | 4 | | professionals and local social programs in accordance with the | 5 | | Bureau of Justice Assistance and Council of State Governments | 6 | | Justice Center's Essential Elements of a Mental Health Court | 7 | | and the Problem-Solving Court Standards. Common features of a | 8 | | mental health court program include, but are not limited to, a | 9 | | designated judge and staff; specialized intake and screening | 10 | | procedures; coordinated treatment procedures administered by a | 11 | | trained, multidisciplinary professional team; close evaluation | 12 | | of participants, including continued assessments and | 13 | | modification of the court requirements and use of sanctions, | 14 | | incentives, and therapeutic adjustments to address behavior; | 15 | | frequent judicial interaction with participants; less formal | 16 | | court process and procedures; voluntary participation; and a | 17 | | low treatment staff-to-client ratio. structured judicial | 18 | | intervention process for mental health treatment of eligible | 19 | | defendants that brings together mental health professionals, | 20 | | local social programs, and intensive judicial monitoring. | 21 | | "Mental health court professional" means a member of the | 22 | | mental health court team, including
but not limited to a | 23 | | judge, prosecutor, defense attorney, probation officer, | 24 | | coordinator, or treatment provider , or peer recovery coach . | 25 | | "Peer recovery coach" means a mentor assigned to a | 26 | | defendant during participation in a mental health treatment |
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| 1 | | court program who has been trained by the court, a service | 2 | | provider used by the court for substance use disorder or | 3 | | mental health treatment, a local service provider with an | 4 | | established peer recovery coach or mentor program not | 5 | | otherwise used by the court for treatment, or a Certified | 6 | | Recovery Support Specialist certified by the Illinois | 7 | | Certification Board. "Peer recovery coach" includes | 8 | | individuals with lived experiences of the issues the | 9 | | problem-solving court seeks to address, including, but not | 10 | | limited to, substance use disorder, mental illness, and | 11 | | co-occurring disorders or involvement with the criminal | 12 | | justice system. "Peer recovery coach" includes individuals | 13 | | required to guide and mentor the participant to successfully | 14 | | complete assigned requirements and to facilitate participants' | 15 | | independence for continued success once the supports of the | 16 | | court are no longer available to them. | 17 | | "Post-adjudicatory mental health court program" means a | 18 | | program that allows an individual who has admitted
guilt
or | 19 | | has been found guilty, with the defendant's consent, and the | 20 | | approval of the court, to enter a
mental health
court program | 21 | | as part of the defendant's sentence or disposition. | 22 | | "Pre-adjudicatory mental health court program" means a | 23 | | program that allows
the defendant,
with the defendant's | 24 | | consent and the approval of the court, to enter the mental | 25 | | health court program before plea, conviction, or disposition | 26 | | and requires successful
completion of the mental health court |
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| 1 | | program as part of the agreement. | 2 | | "Problem-Solving Court Standards" means the statewide | 3 | | standards adopted by the Supreme Court that set forth the | 4 | | minimum requirements for the planning, establishment, | 5 | | certification, operation, and evaluation of all | 6 | | problem-solving courts in this State. | 7 | | "Validated clinical assessment" means a validated | 8 | | assessment tool administered by a qualified clinician to | 9 | | determine the treatment needs of participants. "Validated | 10 | | clinical assessment" includes assessment tools required by | 11 | | public or private insurance. | 12 | | "Pre-adjudicatory mental health court program" means a | 13 | | program that allows the defendant, with the consent of the | 14 | | prosecution, to expedite the defendant's criminal case before | 15 | | conviction or before filing of a criminal case and requires | 16 | | successful completion of the mental health court program as | 17 | | part of the agreement. | 18 | | "Post-adjudicatory mental health court program" means a | 19 | | program in which the defendant has admitted guilt or has been | 20 | | found guilty and agrees, along with the prosecution, to enter | 21 | | a mental health court program as part of the defendant's | 22 | | sentence. | 23 | | "Combination mental health court program" means a mental | 24 | | health court program that
includes a pre-adjudicatory mental | 25 | | health court program and a post-adjudicatory mental health | 26 | | court program. |
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| 1 | | "Co-occurring mental health and substance abuse court | 2 | | program" means a program that includes persons with | 3 | | co-occurring mental illness and substance abuse problems. Such | 4 | | programs
shall include professionals with training and | 5 | | experience in treating persons with substance abuse problems | 6 | | and mental illness.
| 7 | | (Source: P.A. 97-946, eff. 8-13-12.) | 8 | | (730 ILCS 168/15)
| 9 | | Sec. 15. Authorization. | 10 | | (a) The Chief Judge of each judicial circuit may establish | 11 | | a mental health court program, in compliance with the | 12 | | Problem-Solving Court Standards. At the discretion of the | 13 | | Chief Judge, the mental health court program may be operated | 14 | | in one or more counties of the circuit and allow defendants | 15 | | from all counties within the circuit to participate. Mental | 16 | | health court programs must be certified by the Supreme Court | 17 | | including the format under which it operates under this Act .
| 18 | | (b) Whenever the county boards of 2 or more counties | 19 | | within the same judicial circuit determine that a single | 20 | | mental health court program would best serve those counties, | 21 | | the county board of each such county may adopt a resolution to | 22 | | the effect that there shall be a single mental health court | 23 | | program serving those counties, and shall provide a copy of | 24 | | the resolution to the Chief Judge of the judicial circuit. | 25 | | Upon receipt of such a resolution, the Chief Judge may |
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| 1 | | establish or, in the case of an existing mental health court | 2 | | program, reorganize a single mental health court program to | 3 | | serve these counties. | 4 | | (Source: P.A. 95-606, eff. 6-1-08 .) | 5 | | (730 ILCS 168/20) | 6 | | Sec. 20. Eligibility. | 7 | | (a) A defendant , who is eligible for probation based on | 8 | | the nature of the crime convicted of and in consideration of | 9 | | his or her criminal background, if any, may be admitted into a | 10 | | mental health court program only upon the consent agreement of | 11 | | the defendant and with the approval of the court. A defendant | 12 | | agrees to be admitted when a written consent to participate is | 13 | | provided to the court in open court and the defendant | 14 | | acknowledges understanding its contents. | 15 | | (a-5) Each mental health court shall have a target | 16 | | population defined in its written policies and procedures. The | 17 | | policies and procedures shall define that court's eligibility | 18 | | and exclusionary criteria. | 19 | | (b) A defendant shall be excluded from a mental health | 20 | | court program if any one of the following applies: | 21 | | (1) The crime is a crime of violence as set forth in | 22 | | paragraph clause (3) of this subsection (b). | 23 | | (2) The defendant does not demonstrate a willingness | 24 | | to participate in a treatment program. | 25 | | (3) The defendant has been convicted of a crime of |
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| 1 | | violence within the past 5 10 years excluding | 2 | | incarceration time , parole, and periods of mandatory | 3 | | supervised release . As used in this paragraph (3), "crime | 4 | | of violence" means: first degree murder, second degree | 5 | | murder, predatory criminal sexual assault of a child, | 6 | | aggravated criminal sexual assault, criminal sexual | 7 | | assault, armed robbery, aggravated arson, arson, | 8 | | aggravated kidnapping, kidnapping, aggravated battery | 9 | | resulting in great bodily harm or permanent disability, | 10 | | aggravated domestic battery resulting in great bodily harm | 11 | | or permanent disability, aggravated criminal sexual abuse | 12 | | by a person in a position of trust or authority over a | 13 | | child, stalking, aggravated stalking, home invasion, | 14 | | aggravated vehicular hijacking, or any offense involving | 15 | | the discharge of a firearm. | 16 | | (4) The defendant is charged with a violation of | 17 | | subparagraph (F) of paragraph (1) of subsection (d) of | 18 | | Section 11-501 of the Illinois Vehicle Code in which an | 19 | | individual is charged with aggravated driving under the | 20 | | influence that resulted in the death of another person or | 21 | | when the violation was a proximate cause of the death, | 22 | | unless, pursuant to subparagraph (G) of paragraph (1) of | 23 | | subsection (d) of Section 11-501 of the Illinois Vehicle | 24 | | Code, the court determines that extraordinary | 25 | | circumstances exist and require probation. (Blank). | 26 | | (5) (Blank). |
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| 1 | | (6) (Blank). The sentence imposed on the defendant, | 2 | | whether the result of a plea or a finding of guilt, renders | 3 | | the defendant ineligible for probation.
| 4 | | (c) Notwithstanding subsection (a), the defendant may be | 5 | | admitted into a mental health court program only upon the | 6 | | agreement of the prosecutor if the defendant is charged with a | 7 | | Class 2 or greater felony violation of: | 8 | | (1) Section 401, 401.1, 405, or 405.2 of the Illinois | 9 | | Controlled Substances Act; | 10 | | (2) Section 5, 5.1, or 5.2 of the Cannabis Control | 11 | | Act; or | 12 | | (3) Section 15, 20, 25, 30, 35, 40, 45, 50, 55, 56, or | 13 | | 65 of the Methamphetamine Control and Community Protection | 14 | | Act. | 15 | | A defendant charged with prostitution under Section 11-14 | 16 | | of the Criminal Code of 2012 may be admitted into a mental | 17 | | health court program, if available in the jurisdiction and | 18 | | provided that the requirements in subsections (a) and (b) are | 19 | | satisfied. Mental health court programs may include | 20 | | specialized service programs specifically designed to address | 21 | | the trauma associated with prostitution and human trafficking, | 22 | | and may offer those specialized services to defendants | 23 | | admitted to the mental health court program. Judicial circuits | 24 | | establishing these specialized programs shall partner with | 25 | | prostitution and human trafficking advocates, survivors, and | 26 | | service providers in the development of the programs. |
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| 1 | | (Source: P.A. 100-426, eff. 1-1-18; 101-652, eff. 7-1-21 .) | 2 | | (730 ILCS 168/25)
| 3 | | Sec. 25. Procedure. | 4 | | (a) An The court shall require an eligibility screening | 5 | | and an assessment of the defendant shall be performed as | 6 | | required by the court's policies and procedures. The | 7 | | assessment shall include a validated clinical assessment. The | 8 | | clinical assessment shall include, but is not limited to, | 9 | | assessments of substance use and mental and behavioral health | 10 | | needs. The clinical assessment shall be administered by a | 11 | | qualified professional and used to inform any clinical | 12 | | treatment plans. Clinical treatment plans shall be developed, | 13 | | in part, upon the known availability of treatment resources | 14 | | available. Assessments for substance use disorder shall be | 15 | | conducted in accordance with the Department of Human Services | 16 | | substance use prevention and recovery rules contained in 77 | 17 | | Ill. Adm. Code 2060 or an equivalent standard in any other | 18 | | state where treatment may take place, and conducted by | 19 | | individuals who meet the Department of Human Services | 20 | | substance use prevention and recovery rules for professional | 21 | | staff also contained within that Code, or an equivalent | 22 | | standard in any other state where treatment may take place. | 23 | | The assessments shall be used to inform any clinical treatment | 24 | | plans. Clinical treatment plans shall be developed in | 25 | | accordance with Problem-Solving Court Standards and, in part, |
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| 1 | | upon the known availability of treatment resources . An | 2 | | assessment need not be ordered if the court finds a valid | 3 | | assessment related to the present charge pending against the | 4 | | defendant has been completed within the previous 60 days. | 5 | | (b) The judge shall inform the defendant that if the | 6 | | defendant fails to meet the conditions requirements of the | 7 | | mental health court program, eligibility to participate in the | 8 | | program may be revoked and the defendant may be sentenced or | 9 | | the prosecution continued , as provided in the Unified Code of | 10 | | Corrections , for the crime charged. | 11 | | (c) The defendant shall execute a written agreement as to | 12 | | his or her participation in the program and shall agree to all | 13 | | of the terms and conditions of the program, including but not | 14 | | limited to the possibility of sanctions or incarceration for | 15 | | failing to abide or comply with the terms of the program. | 16 | | (d) In addition to any conditions authorized under the | 17 | | Pretrial Services Act and Section 5-6-3 of the Unified Code of | 18 | | Corrections, the court may order the participant to complete | 19 | | mental health counseling or substance use disorder treatment | 20 | | in an outpatient or residential treatment program and may | 21 | | order the participant to comply with physicians' | 22 | | recommendations regarding medications and all follow-up | 23 | | treatment for any mental health diagnosis made by the | 24 | | provider. Substance use disorder treatment programs must be | 25 | | licensed by the Department of Human Services in accordance | 26 | | with the Department of Human Services substance use prevention |
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| 1 | | and recovery rules, or an equivalent standard in any other | 2 | | state where the treatment may take place, and use | 3 | | evidence-based treatment. When referring participants to | 4 | | mental health treatment programs, the court shall prioritize | 5 | | providers certified as community mental health or behavioral | 6 | | health centers if possible. The court shall consider the least | 7 | | restrictive treatment option when ordering mental health or | 8 | | substance use disorder treatment for participants and the | 9 | | results of clinical and risk assessments in accordance with | 10 | | the Problem-Solving Court Standards. defendant to complete | 11 | | mental health or substance abuse treatment in an outpatient, | 12 | | inpatient, residential, or jail-based custodial treatment | 13 | | program. Any period of time a defendant shall serve in a | 14 | | jail-based treatment program may not be reduced by the | 15 | | accumulation of good time or other credits and may be for a | 16 | | period of up to 120 days. | 17 | | (e) The mental health court program shall may include a | 18 | | regimen of graduated requirements , including and rewards and | 19 | | sanctions, including but not limited to: fines, fees, costs, | 20 | | restitution, incarceration of up to 180 days, individual and | 21 | | group therapy, medication, substance drug analysis testing, | 22 | | close monitoring by the court , and supervision of progress, | 23 | | restitution, educational or vocational counseling as | 24 | | appropriate , and other requirements necessary to fulfill the | 25 | | mental health court program. Program phases, therapeutic | 26 | | adjustments, incentives, and sanctions, including the use of |
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| 1 | | jail sanctions, shall be administered in accordance with | 2 | | evidence-based practices and the Problem-Solving Court | 3 | | Standards. A participant's failure to pay program fines or | 4 | | fees shall not prevent the participant from advancing phases | 5 | | or successfully completing the program. If the participant | 6 | | needs treatment for an opioid use disorder or dependence, the | 7 | | court may not prohibit the participant from receiving | 8 | | medication-assisted treatment under the care of a physician | 9 | | licensed in this State to practice medicine in all of its | 10 | | branches. Mental health court participants may not be required | 11 | | to refrain from using medication-assisted treatment as a term | 12 | | or condition of successful completion of the mental health | 13 | | court program.
| 14 | | (f) The mental health court program may maintain or | 15 | | collaborate with a network of mental health treatment programs | 16 | | and, if it is a co-occurring mental health and substance use | 17 | | disorders court program, a network of substance use disorder | 18 | | treatment programs representing a continuum of treatment | 19 | | options commensurate with the needs of the participant and | 20 | | available resources, including programs of this State. | 21 | | (g) Recognizing that individuals struggling with mental | 22 | | health, addiction, and related co-occurring disorders have | 23 | | often experienced trauma, mental health court programs may | 24 | | include specialized service programs specifically designed to | 25 | | address trauma. These specialized services may be offered to | 26 | | individuals admitted to the mental health court program. |
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| 1 | | Judicial circuits establishing these specialized programs | 2 | | shall partner with advocates, survivors, and service providers | 3 | | in the development of the programs. Trauma-informed services | 4 | | and programming shall be operated in accordance with | 5 | | evidence-based best practices as outlined by the Substance | 6 | | Abuse and Mental Health Service Administration's National | 7 | | Center for Trauma-Informed Care. | 8 | | (h) The court may establish a mentorship program that
| 9 | | provides access and support to program participants by peer | 10 | | recovery coaches. Courts shall be responsible to administer | 11 | | the mentorship program with the support of mentors and local | 12 | | mental health and substance use disorder treatment | 13 | | organizations. | 14 | | (Source: P.A. 95-606, eff. 6-1-08 .) | 15 | | (730 ILCS 168/30)
| 16 | | Sec. 30. Mental health and substance use disorder abuse | 17 | | treatment. | 18 | | (a) The mental health court program may maintain or | 19 | | collaborate with a network of mental
health treatment programs | 20 | | and, if it is a co-occurring mental health and substance use | 21 | | disorders abuse court program, a network of substance use | 22 | | disorder abuse treatment programs representing a continuum of | 23 | | treatment options commensurate with the needs of participants | 24 | | defendants and available resources. | 25 | | (b) Any substance use disorder abuse treatment program to |
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| 1 | | which participants defendants are referred must hold a valid | 2 | | license from the Department of Human Services Division of | 3 | | Substance Use Prevention and Recovery, use evidence-based | 4 | | treatment, and deliver all services in accordance with 77 Ill. | 5 | | Adm. Code 2060, including services available through the | 6 | | United States Department of Veterans Affairs, the Illinois | 7 | | Department of Veterans Affairs, or the Veterans Assistance | 8 | | Commission, or an equivalent standard in any other state where | 9 | | treatment may take place meet all of the rules and governing | 10 | | programs in Parts 2030 and 2060 of Title 77 of the Illinois | 11 | | Administrative Code . | 12 | | (c) The mental health court program may, at its | 13 | | discretion, employ additional services or interventions, as it | 14 | | deems necessary on a case by case basis.
| 15 | | (Source: P.A. 95-606, eff. 6-1-08 .) | 16 | | (730 ILCS 168/35)
| 17 | | Sec. 35. Violation; termination; dismissal from program | 18 | | discharge .
| 19 | | (a) If the court finds from the evidence presented, | 20 | | including, but not limited to, the reports or proffers of | 21 | | proof from the mental health court professionals, that: (1) | 22 | | the participant is not complying with the requirements of the | 23 | | treatment program; or (2) the participant has otherwise | 24 | | violated the terms and conditions of the program, the court | 25 | | may impose reasonable sanctions under the prior written |
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| 1 | | agreement of the participant, including, but not limited to, | 2 | | imprisonment or dismissal of the defendant from the program | 3 | | and the court may reinstate criminal proceedings against the | 4 | | participant or proceed under Section 5-6-4 of the Unified Code | 5 | | of Corrections for a violation of probation, conditional | 6 | | discharge, or supervision hearing. If the court finds from the | 7 | | evidence presented, including but not limited to the reports | 8 | | or proffers of proof from the mental health court | 9 | | professionals that: | 10 | | (1) the defendant is not performing satisfactorily in | 11 | | the assigned program; | 12 | | (2) the defendant is not benefiting from education, | 13 | | treatment, or rehabilitation; | 14 | | (3) the defendant has engaged in criminal conduct | 15 | | rendering him or her unsuitable for the program; or | 16 | | (4) the defendant has otherwise violated the terms and | 17 | | conditions of the program or his or her sentence or is for | 18 | | any reason unable to participate;
| 19 | | the court may impose reasonable sanctions under prior written | 20 | | agreement of the defendant, including but not limited to | 21 | | imprisonment or dismissal of the defendant from the program; | 22 | | and the court may reinstate criminal proceedings against him | 23 | | or her or proceed under Section 5-6-4 of the Unified Code of | 24 | | Corrections for a violation of probation, conditional | 25 | | discharge, or supervision hearing. | 26 | | (a-5) Based on the evidence presented, the court shall |
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| 1 | | determine whether the participant has violated the conditions | 2 | | of the program and whether the participant should be dismissed | 3 | | from the program or whether, pursuant to the court's policies | 4 | | and procedures, some other alternative may be appropriate in | 5 | | the interests of the participant and the public. | 6 | | (a-10) A participant may voluntarily withdraw from the | 7 | | mental health court program in accordance with the mental | 8 | | health court program's policies and procedures. Prior to | 9 | | allowing the participant to withdraw, the judge shall: | 10 | | (1) ensure that the participant has the right to | 11 | | consult with counsel prior to withdrawal; | 12 | | (2) determine in open court that the withdrawal is | 13 | | made voluntarily and knowingly; and | 14 | | (3) admonish the participant in open court, as to | 15 | | the consequences, actual or potential, which can | 16 | | result from withdrawal. | 17 | | Upon withdrawal, the criminal proceedings may be | 18 | | reinstated against the participant or proceedings may be | 19 | | initiated under Section 5-6-4 of the Unified Code of | 20 | | Corrections for a violation of probation, conditional | 21 | | discharge, or supervision hearing. | 22 | | (a-15)
No participant defendant may be dismissed from the | 23 | | program unless, prior to such dismissal, the participant | 24 | | defendant is informed in writing: (i) of the reason or reasons | 25 | | for the dismissal; (ii) the evidentiary basis supporting the | 26 | | reason or reasons for the dismissal; (iii) that the |
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| 1 | | participant defendant has a right to a hearing at
which he or | 2 | | she may present evidence supporting his or her continuation in | 3 | | the program. Based upon the evidence presented, the court | 4 | | shall determine whether the defendant has violated the | 5 | | conditions of the program and whether the defendant should be | 6 | | dismissed from the program or whether some other alternative | 7 | | may be appropriate in the interests of the defendant and the | 8 | | public. | 9 | | (a-20) A participant who has not violated the conditions | 10 | | of the program in such a way as to warrant unsuccessful | 11 | | dismissal, but who is unable to complete program requirements | 12 | | to qualify for a successful discharge, may be terminated from | 13 | | the program as a neutral discharge. | 14 | | (b) Upon successful completion of the terms and conditions | 15 | | of the program, the court may dismiss the original charges | 16 | | against the participant defendant or successfully terminate | 17 | | the participant's defendant's sentence or otherwise discharge | 18 | | the participant him or her from the program or from any further | 19 | | proceedings against the participant him or her in the original | 20 | | prosecution.
| 21 | | (c) Upon successful completion of the terms and conditions | 22 | | of the program, any State's Attorney in the county of | 23 | | conviction, a participant, or defense attorney may move to | 24 | | vacate any convictions that are eligible for sealing under the | 25 | | Criminal Identification Act. A participant may immediately | 26 | | file a petition to expunge vacated convictions and the |
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| 1 | | associated underlying records per the Criminal Identification | 2 | | Act. If the State's Attorney moves to vacate a conviction, the | 3 | | State's Attorney may not object to expungement of that | 4 | | conviction or the underlying record. | 5 | | (d) The mental health court program may maintain or | 6 | | collaborate with a network of legal aid organizations that | 7 | | specialize in conviction relief to support participants | 8 | | navigating the expungement and sealing process. | 9 | | (Source: P.A. 95-606, eff. 6-1-08 .) | 10 | | (730 ILCS 168/41 new) | 11 | | Sec. 41. Education seminars for judges. A judge assigned | 12 | | to preside over a mental health court shall have experience, | 13 | | training, and continuing education in topics including, but | 14 | | not limited to: | 15 | | (1) criminal law; | 16 | | (2) behavioral health; | 17 | | (3) confidently; | 18 | | (4) ethics; | 19 | | (5) evidence-based practices; | 20 | | (6) substance use disorders; | 21 | | (7) mental illness; | 22 | | (8) co-occurring disorders; and | 23 | | (9) presiding over various types of problem-solving | 24 | | courts. |
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| 1 | | (730 ILCS 168/45 new) | 2 | | Sec. 45. Education seminars for mental health court | 3 | | prosecutors. Subject to appropriation, the Office of the | 4 | | State's Attorneys Appellate Prosecutor shall conduct mandatory | 5 | | education seminars for all prosecutors serving in mental | 6 | | health courts throughout the State to ensure that the | 7 | | problem-solving court maintains fidelity to the | 8 | | problem-solving court model. Topics include, but are not | 9 | | limited to, evidence-based screening, assessment and treatment | 10 | | practices, target population, substance use disorders, mental | 11 | | illness, disability, co-occurring disorders, trauma, | 12 | | confidentiality, criminogenic risks and needs, incentives and | 13 | | sanctions, court processes, limited English proficiency, and | 14 | | team dynamics. | 15 | | (730 ILCS 168/50 new) | 16 | | Sec. 50. Education seminars for mental health court public
| 17 | | defenders. Subject to appropriation, the Office of the State | 18 | | Appellate Defender shall conduct mandatory education seminars | 19 | | for all public defenders and assistant public defenders | 20 | | practicing in mental health courts throughout the State to | 21 | | ensure that the problem-solving court maintains fidelity to | 22 | | the problem-solving court model. Topics include, but are not | 23 | | limited to, evidence-based screening, assessment and treatment | 24 | | practices, target population, substance use disorders, mental | 25 | | illness, disability, co-occurring disorders, trauma, |
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| 1 | | confidentiality, criminogenic risks and needs, incentives and | 2 | | sanctions, court
processes, limited English proficiency, and | 3 | | team dynamics. | 4 | | (730 ILCS 168/40 rep.) | 5 | | Section 20. The Mental Health Court Treatment Act is | 6 | | amended by repealing Section 40.
| 7 | | Section 99. Effective date. This Act takes effect upon | 8 | | becoming law.".
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