Full Text of SB2565 102nd General Assembly
SB2565sam002 102ND GENERAL ASSEMBLY | Sen. Melinda Bush Filed: 4/16/2021
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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, 25, 30, 35, 45, and 50 as follows:
| 6 | | (730 ILCS 166/5)
| 7 | | Sec. 5. Purposes. The General Assembly recognizes that | 8 | | individuals struggling with substance use disorders may come | 9 | | into contact
with the criminal justice system and be charged | 10 | | with felony or
misdemeanor offenses. The General Assembly also | 11 | | recognizes
that substance use disorders and mental illness | 12 | | co-occur in a
substantial percentage of criminal defendants. | 13 | | the use and
abuse of drugs has a dramatic effect on the | 14 | | criminal justice system in the
State
of Illinois. There is a | 15 | | critical need for the criminal justice system to recognize | 16 | | individuals struggling
with these issues, provide alternatives |
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| 1 | | to incarceration to
address incidences a criminal justice | 2 | | system program
that
will reduce the incidence of drug use, | 3 | | drug addiction, and provide appropriate
access to treatment | 4 | | and support to such persons. crimes committed as
a
result of | 5 | | drug use and drug addiction. It is the intent of the General | 6 | | Assembly
to create specialized drug courts , in accordance with | 7 | | national best practices,
for addressing addiction and | 8 | | co-occurring disorders with the necessary flexibility to meet | 9 | | the needs for an array of services and
supports among | 10 | | participants in
drug court programs problems in the State of | 11 | | Illinois.
| 12 | | (Source: P.A. 92-58, eff. 1-1-02.)
| 13 | | (730 ILCS 166/10)
| 14 | | Sec. 10. Definitions. As used in this Act:
| 15 | | "Drug court", "drug court program", or "program" means an | 16 | | immediate and
highly
structured judicial intervention process | 17 | | for substance use disorder abuse treatment of
eligible | 18 | | defendants that brings together substance use disorder abuse | 19 | | professionals, local
social programs, and intensive judicial | 20 | | monitoring in accordance with the
nationally recommended 10 | 21 | | key components of drug courts.
| 22 | | "Drug court professional" means a member of the drug court | 23 | | team, including but not limited to
a judge, prosecutor, | 24 | | defense attorney,
probation officer, coordinator, Illinois | 25 | | Department of
Human Services/Division of Substance Use |
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| 1 | | Prevention and Recovery
(IDHS/SUPR)
licensed treatment | 2 | | provider, or peer recovery coach.
| 3 | | "Pre-adjudicatory drug court program" means a program that | 4 | | allows
the defendant,
with the consent of the prosecution, to | 5 | | expedite the defendant's criminal case
before conviction or | 6 | | before filing of a criminal case and requires successful
| 7 | | completion of the drug court program as part of the agreement.
| 8 | | "Post-adjudicatory drug court program" means a program in | 9 | | which the
defendant has admitted
guilt
or has been found | 10 | | guilty and agrees, along with the prosecution, to enter a
drug
| 11 | | court program as part of the defendant's sentence.
| 12 | | "Combination drug court program" means a drug court | 13 | | program that includes a
pre-adjudicatory drug court program | 14 | | and a post-adjudicatory drug court program.
| 15 | | "Clinical treatment plan" means an evidence-based,
| 16 | | comprehensive, and individualized plan that is developed by a | 17 | | qualified
professional in accordance with IDHS/SUPR | 18 | | regulations contained in
Part 2060 of Title 77 of the Illinois | 19 | | Administrative Code, that defines the scope of
treatment | 20 | | services to be delivered by a court treatment provider. | 21 | | "Validated clinical assessment" may include assessment | 22 | | tools
required by public or private insurance. | 23 | | "Peer recovery coach" means a mentor assigned to a | 24 | | defendant
during participation in a drug treatment court | 25 | | program who has been
trained by the court, a service provider | 26 | | utilized by
the court for substance use disorder or mental |
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| 1 | | health treatment, or be a
recovery support specialist | 2 | | certified by the State of Illinois.
Peer recovery coaches | 3 | | should be individuals with lived experience
and shall guide | 4 | | and mentor the participant to successfully complete
assigned | 5 | | requirements and work to help facilitate participants'
| 6 | | independence for continued success once the supports of the | 7 | | court are
no longer available to them. | 8 | | (Source: P.A. 97-946, eff. 8-13-12.)
| 9 | | (730 ILCS 166/25)
| 10 | | Sec. 25. Procedure.
| 11 | | (a) The court shall order an eligibility screening and an | 12 | | assessment of the
defendant by an agent designated by the | 13 | | State of Illinois to provide assessment
services for the | 14 | | Illinois Courts. The assessment shall be conducted in | 15 | | accordance with
IDHS/SUPR regulations contained in Part 2060 | 16 | | of Title 77 of the
Illinois Administrative Code.
The clinical | 17 | | assessment shall be administered by individuals
who meet the | 18 | | IDHS/SUPR regulations for professional staff contained in
Part | 19 | | 2060 of Title 77 of the Illinois Administrative Code and used | 20 | | to inform any Clinical Treatment Plans. Clinical Treatment
| 21 | | Plans
shall be developed, in part, upon the known availability | 22 | | of
treatment resources available. An assessment need not be | 23 | | ordered if the
court finds a valid assessment related to the | 24 | | present charge pending against
the defendant has been | 25 | | completed within the previous 60 days.
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| 1 | | (b) The judge shall inform the defendant that if the | 2 | | defendant fails to
meet the conditions of the drug court | 3 | | program, eligibility to participate in
the
program may be | 4 | | revoked and the defendant may be sentenced or the prosecution
| 5 | | continued as provided in
the
Unified Code of Corrections for | 6 | | the crime charged.
| 7 | | (c) The defendant shall execute a written agreement as to | 8 | | his or her
participation in the program and shall agree to all | 9 | | of the terms and conditions
of the program, including but not | 10 | | limited to the possibility of sanctions or
incarceration for | 11 | | failing to abide or comply with the terms of the program.
| 12 | | (d) In addition to any conditions authorized under the | 13 | | Pretrial Services
Act and Section 5-6-3 of the Unified Code of | 14 | | Corrections, the court may order
the defendant to complete | 15 | | substance use disorder abuse treatment in an outpatient,
| 16 | | inpatient,
residential, or jail-based custodial treatment | 17 | | program , order the defendant to
complete mental health | 18 | | counseling in an inpatient or outpatient basis,
comply with | 19 | | physicians' recommendation regarding medications and all
| 20 | | follow up treatment for any mental health diagnosis made by | 21 | | the provider.
Substance use disorder treatment programs must | 22 | | be licensed by IDHS/SUPR and utilize evidence-based treatment. | 23 | | When referring participants to mental health treatment
| 24 | | programs, the court shall prioritize providers certified as | 25 | | community
mental health or behavioral health centers as | 26 | | possible. The court shall
prioritize the least restrictive |
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| 1 | | treatment option when ordering
mental health or substance use | 2 | | disorder treatment for participants. The
court may order | 3 | | jail-based custodial treatment if it finds that
jail-based | 4 | | treatment is the least restrictive alternative based on
| 5 | | evidence that efforts were made to locate less restrictive | 6 | | alternatives
to secure confinement and the reasons why efforts | 7 | | were unsuccessful in
locating a less restrictive alternative | 8 | | to jail-based custodial treatment . Any period of time a
| 9 | | defendant shall serve in a jail-based treatment program may | 10 | | not be reduced by
the accumulation of good time or other | 11 | | credits and may be for a period of up to
120 days.
| 12 | | (e) The drug court program shall include a regimen of | 13 | | graduated
requirements and rewards and sanctions, including | 14 | | but not limited to: fines,
fees, costs, restitution, | 15 | | incarceration of up to 180 days, individual and group
therapy, | 16 | | drug
analysis testing, close monitoring by the court at a | 17 | | minimum of once every 30
days
and supervision of progress, | 18 | | educational or vocational counseling as
appropriate, and other
| 19 | | requirements necessary to fulfill the drug court program. If | 20 | | the defendant needs treatment for opioid use abuse or | 21 | | dependence, the court may not prohibit the defendant from | 22 | | participating in and
receiving medication assisted treatment | 23 | | under the care of
a physician licensed in this State to | 24 | | practice medicine in all
of its branches. Drug court | 25 | | 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 drug court program. | 2 | | (f) Recognizing that individuals struggling with mental
| 3 | | health, substance use, and related co-occurring disorders have | 4 | | often
experienced trauma, drug court programs may include | 5 | | specialized
service programs specifically designed to address | 6 | | trauma. These
specialized services may be offered to | 7 | | defendants admitted to the
drug court program. Judicial | 8 | | circuits establishing these specialized
programs shall partner | 9 | | with advocates, survivors, and service providers
in the | 10 | | development of the programs. Trauma-informed services and
| 11 | | programming should be operated in accordance with best | 12 | | practices
outlined by the Substance Abuse and Mental Health | 13 | | Service
Administration's National Center for Trauma Informed | 14 | | Care (SAMHSA). | 15 | | (g) The Court may establish a mentorship program that
| 16 | | provides access and support to program participants by peer
| 17 | | recovery coaches. Courts shall be responsible to administer | 18 | | the
mentorship program with the support of mentors and local | 19 | | mental
health and substance use disorder treatment | 20 | | organizations. Peer recovery
coaches shall be trained by the | 21 | | court, a service provider
utilized by the court for substance | 22 | | use or mental health treatment, or
be a recovery support | 23 | | specialist certified by the State of Illinois.
Peer recovery | 24 | | coaches shall be approved by the Court and complete
| 25 | | orientation with the court team prior to being assigned to | 26 | | participants
in the program.
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| 1 | | (Source: P.A. 99-554, eff. 1-1-17 .)
| 2 | | (730 ILCS 166/30)
| 3 | | Sec. 30. Mental health and substance use disorder | 4 | | Substance abuse treatment.
| 5 | | (a) The drug court program shall maintain a network of | 6 | | substance use disorder abuse
treatment programs representing a | 7 | | continuum of graduated substance use disorder abuse
treatment | 8 | | options commensurate with the needs of defendants.
| 9 | | (b) Any substance use disorder abuse treatment program to | 10 | | which defendants are referred
must be licensed by IDHS/SUPR, | 11 | | utilize
evidence-based treatment, and deliver all services in | 12 | | accordance with the
regulations contained in Part meet all of | 13 | | the rules and governing programs in
Parts 2030 and 2060 of | 14 | | Title 77 of the Illinois Administrative Code.
| 15 | | (c) The drug court program may, at its discretion, employ | 16 | | additional
services or
interventions, as it deems necessary on | 17 | | a case by case basis. | 18 | | (d) The drug court program may maintain or collaborate | 19 | | with
a network of mental health treatment programs | 20 | | representing a
continuum of treatment options commensurate | 21 | | with the needs of the
defendant and available resources | 22 | | including programs with the State
of Illinois and | 23 | | community-based programs supported and sanctioned by
the State | 24 | | of Illinois. Partnerships with providers certified as | 25 | | community
mental health or behavioral health centers shall be |
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| 1 | | prioritized when
possible.
| 2 | | (Source: P.A. 92-58, eff. 1-1-02.)
| 3 | | (730 ILCS 166/35)
| 4 | | Sec. 35. Violation; termination; discharge.
| 5 | | (a) If the court finds from the evidence presented | 6 | | including but not limited
to the reports or
proffers of proof | 7 | | 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) A defendant who is assigned to a substance use | 25 | | disorder abuse treatment program under this Act for an opioid |
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| 1 | | use disorder abuse or dependence is not in violation of the | 2 | | terms or conditions of the program on the basis of his or her | 3 | | participation in medication assisted treatment under the care | 4 | | of a physician licensed in this State to practice medicine in | 5 | | all of its branches.
| 6 | | (b) Upon successful completion of the terms and conditions | 7 | | of the program,
the
court may dismiss the original charges | 8 | | against the defendant or successfully
terminate the | 9 | | defendant's sentence or otherwise discharge him or her from | 10 | | any
further proceedings against the defendant him or her in | 11 | | the original prosecution. | 12 | | (c) Upon successful completion of the terms and conditions
| 13 | | of the program, any State's Attorney in the county of | 14 | | conviction
may move to vacate convictions held by the | 15 | | defendant that are
eligible for sealing under the Criminal | 16 | | Identification Act. Participants may immediately file | 17 | | petitions to
expunge vacated convictions and the associated | 18 | | underlying records
per the Criminal Identification Act. In | 19 | | cases where the State's
Attorney moves to vacate a conviction, | 20 | | the State's Attorney may not object to expungement
of that | 21 | | conviction or the underlying record. | 22 | | (d) The drug court program may maintain or collaborate | 23 | | with
a network of legal aid organizations that specialize in | 24 | | conviction
relief to support participants navigating the | 25 | | expungement and sealing
process.
| 26 | | (Source: P.A. 99-554, eff. 1-1-17 .)
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| 1 | | (730 ILCS 166/45) | 2 | | Sec. 45. Education seminars for drug court prosecutors. | 3 | | Subject to appropriation, the Office of the State's Attorneys | 4 | | Appellate Prosecutor shall conduct mandatory education | 5 | | seminars on the subjects of substance use disorder abuse and | 6 | | addiction for all drug court prosecutors throughout the State.
| 7 | | (Source: P.A. 99-480, eff. 9-9-15.) | 8 | | (730 ILCS 166/50) | 9 | | Sec. 50. Education seminars for public defenders. Subject | 10 | | to appropriation, the Office of the State Appellate Defender | 11 | | shall conduct mandatory education seminars on the subjects of | 12 | | substance use disorder abuse and addiction for all public | 13 | | defenders and assistant public defenders practicing in drug | 14 | | courts throughout the State.
| 15 | | (Source: P.A. 99-480, eff. 9-9-15.) | 16 | | Section 10. The Veterans and Servicemembers Court
| 17 | | Treatment Act is amended by changing Sections 5, 10, 20, 25, | 18 | | 30, and 35 and by adding Sections 40, 45, and 50 as follows: | 19 | | (730 ILCS 167/5)
| 20 | | Sec. 5. Purposes. The General Assembly recognizes that | 21 | | veterans and active, Reserve
and National Guard servicemembers | 22 | | have provided or are currently providing an invaluable
service |
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| 1 | | to our country. In so doing, some may suffer the effects of, | 2 | | including but not limited to,
post traumatic stress disorder, | 3 | | traumatic brain injury, depression and may also suffer drug | 4 | | and
alcohol dependency or addiction and co-occurring mental | 5 | | illness and substance use disorders abuse problems .
As a | 6 | | result of this, some veterans or active duty servicemembers | 7 | | come into contact with the
criminal justice system and are | 8 | | charged with felony or misdemeanor offenses. There is a | 9 | | critical
need for the criminal justice system to recognize | 10 | | these veterans, provide accountability for their
wrongdoing, | 11 | | provide for the safety of the public and provide for the | 12 | | treatment of our veterans. It
is the intent of the General | 13 | | Assembly to create specialized veteran and servicemember | 14 | | courts or
programs with the necessary flexibility to meet the | 15 | | specialized needs problems faced by these veteran
and | 16 | | servicemember defendants.
| 17 | | (Source: P.A. 96-924, eff. 6-14-10.) | 18 | | (730 ILCS 167/10)
| 19 | | Sec. 10. Definitions. In this Act: | 20 | | "Combination Veterans and Servicemembers Court program" | 21 | | means a court program that
includes a pre-adjudicatory and a | 22 | | post-adjudicatory Veterans and Servicemembers court
program.
| 23 | | "Court" means Veterans and Servicemembers Court. | 24 | | "IDVA" means the Illinois Department of Veterans' Affairs. | 25 | | "Peer recovery coach" means a volunteer veteran mentor |
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| 1 | | assigned to a veteran or servicemember during participation in | 2 | | a veteran treatment court program who has been trained and | 3 | | certified by the court , a service provider utilized by the | 4 | | court for substance
use or mental health treatment, or be a | 5 | | recovery support specialist
certified by the State of | 6 | | Illinois. Peer recovery coaches should be
individuals with | 7 | | lived experience and shall to guide and mentor the participant | 8 | | to successfully complete the assigned requirements and
work to | 9 | | help facilitate participants' independence for continued
| 10 | | success once the supports of the court are no longer available | 11 | | to them . | 12 | | "Post-adjudicatory Veterans and Servicemembers Court | 13 | | Program" means a program in
which the defendant has admitted | 14 | | guilt or has been found guilty and agrees, along with the
| 15 | | prosecution, to enter a Veterans and Servicemembers Court | 16 | | program as part of the defendant's
sentence.
| 17 | | "Pre-adjudicatory Veterans and Servicemembers Court | 18 | | Program" means a program that
allows the defendant with the | 19 | | consent of the prosecution, to expedite the defendant's | 20 | | criminal
case before conviction or before filing of a criminal | 21 | | case and requires successful completion of
the Veterans and | 22 | | Servicemembers Court programs as part of the agreement.
| 23 | | "Servicemember" means a person who is currently serving in | 24 | | the Army, Air Force,
Marines, Navy, or Coast Guard on active | 25 | | duty, reserve status or in the National Guard.
| 26 | | "VA" means the United States Department of Veterans' |
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| 1 | | Affairs. | 2 | | "VAC" means a veterans assistance commission. | 3 | | "Veteran" means a person who served in the active | 4 | | military, naval, or air service and who
was discharged or | 5 | | released therefrom under conditions other than dishonorable.
| 6 | | "Veterans and Servicemembers Court professional" means a | 7 | | member of the Veterans and
Servicemembers Court team, | 8 | | including but not limited to a judge, prosecutor, defense
| 9 | | attorney, probation officer, coordinator, treatment provider, | 10 | | or peer recovery coach.
| 11 | | "Veterans and Servicemembers Court" means a court or | 12 | | program with an immediate and
highly structured judicial | 13 | | intervention process for substance use disorder abuse | 14 | | treatment, mental health, or
other assessed treatment needs of | 15 | | eligible veteran and servicemember defendants that brings
| 16 | | together substance use disorder abuse professionals, mental | 17 | | health professionals, VA professionals, local
social programs | 18 | | and intensive judicial monitoring in accordance with the | 19 | | nationally
recommended 10 key components of drug courts.
| 20 | | "Clinical treatment plan" means an evidence-based,
| 21 | | comprehensive, and individualized plan developed by a | 22 | | qualified
professional in accordance with IDHS/SUPR | 23 | | regulations contained in
Part 2060 of Title 77 of the Illinois | 24 | | Administrative Code, that defines
the scope of treatment | 25 | | services to be delivered by a treatment provider. | 26 | | "Validated clinical assessment" may include assessment |
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| 1 | | tools
required by public or private insurance. | 2 | | (Source: P.A. 99-314, eff. 8-7-15; 99-819, eff. 8-15-16.) | 3 | | (730 ILCS 167/25)
| 4 | | Sec. 25. Procedure. | 5 | | (a) The Court shall order the defendant to submit to an | 6 | | eligibility screening and an
assessment through the VA, VAC, | 7 | | and/or the IDVA to provide information on the defendant's | 8 | | veteran
or servicemember status.
| 9 | | (b) The Court shall order the defendant to submit to an | 10 | | eligibility screening and mental
health and substance use | 11 | | disorder drug/alcohol screening and assessment of the | 12 | | defendant by the VA, VAC, or by the IDVA to
provide assessment | 13 | | services for Illinois Courts. The assessment shall include a | 14 | | validated clinical assessment.
The clinical assessment shall | 15 | | include, but not be limited to,
assessments of substance use, | 16 | | mental and behavioral health needs.
The clinical assessment | 17 | | shall be administered by a qualified clinician
and used to | 18 | | inform any clinical treatment plans. Clinical treatment
plans | 19 | | shall be developed risks
assessment and be based , in part, | 20 | | upon the known availability of treatment resources available | 21 | | to
the Veterans and Servicemembers Court. The assessment shall | 22 | | also include recommendations
for treatment of the conditions | 23 | | which are indicating a need for treatment under the monitoring
| 24 | | of the Court and be reflective of a level of risk assessed for | 25 | | the individual seeking admission. An
assessment need not be |
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| 1 | | ordered if the Court finds a valid screening and/or assessment | 2 | | related to
the present charge pending against the defendant | 3 | | has been completed within the previous 60
days.
| 4 | | (c) The judge shall inform the defendant that if the | 5 | | defendant fails to meet the conditions
of the Veterans and | 6 | | Servicemembers Court program, eligibility to participate in | 7 | | the program may
be revoked and the defendant may be sentenced | 8 | | or the prosecution continued as provided in the
Unified Code | 9 | | of Corrections for the crime charged.
| 10 | | (d) The defendant shall execute a written agreement with | 11 | | the Court as to his or her
participation in the program and | 12 | | shall agree to all of the terms and conditions of the program,
| 13 | | including but not limited to the possibility of sanctions or | 14 | | incarceration for failing to abide or
comply with the terms of | 15 | | the program.
| 16 | | (e) 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 defendant to complete | 19 | | substance use disorder
abuse treatment in an outpatient, | 20 | | inpatient, residential, or jail-based custodial treatment | 21 | | program,
order the defendant to complete mental health | 22 | | counseling in an inpatient or outpatient basis,
comply with | 23 | | physicians' recommendation regarding medications and all | 24 | | follow up treatment for any mental health diagnosis made by | 25 | | the provider .
Substance
use treatment programs must be | 26 | | licensed by IDPH/SUPR and
utilize evidence-based treatment. |
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| 1 | | When
referring participants to mental health treatment | 2 | | programs, the
court shall prioritize providers certified as | 3 | | community mental
health or behavioral health centers as | 4 | | possible. The court shall
prioritize the least restrictive | 5 | | treatment option when ordering
mental health or substance use | 6 | | treatment for participants. The
court may order jail-based | 7 | | custodial treatment if it finds that
jail-based treatment is | 8 | | the least restrictive alternative based on
evidence that | 9 | | efforts were made to locate less restrictive alternatives
to | 10 | | secure confinement and the reasons why efforts were | 11 | | unsuccessful in
locating a less restrictive alternative to | 12 | | jail-based custodial treatment. This treatment may include but | 13 | | is not limited to post-traumatic stress disorder, traumatic | 14 | | brain
injury and depression.
| 15 | | (e-5) Recognizing that individuals struggling with
mental | 16 | | health, addiction and related co-occurring disorders have
| 17 | | often experienced trauma, veterans and servicemembers court | 18 | | programs
may include specialized service programs specifically | 19 | | designed to
address trauma. These specialized services may be | 20 | | offered to defendants
admitted to the mental health court | 21 | | program. Judicial circuits
establishing these specialized | 22 | | programs shall partner with advocates,
survivors, and service | 23 | | providers in the development of the programs.
Trauma-informed | 24 | | services and programming should be operated in
accordance with | 25 | | best practices outlined by the Substance Abuse
and Mental | 26 | | Health Service Administration's National Center for Trauma
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| 1 | | Informed Care (SAMHSA).
| 2 | | (f) The Court may establish a mentorship program that | 3 | | provides access and support to program participants by peer | 4 | | recovery coaches. Courts shall be responsible to administer | 5 | | the mentorship program with the support of volunteer veterans | 6 | | and local veteran service organizations, including a VAC. Peer | 7 | | recovery coaches shall be trained and certified by the Court , | 8 | | a service provider
utilized by the court for substance use or | 9 | | mental health treatment, or
be a recovery support specialist | 10 | | certified by the State of Illinois.
Peer recovery coaches | 11 | | shall be approved by the Court and complete
orientation with | 12 | | the court team prior to being assigned to participants in the | 13 | | program. | 14 | | (Source: P.A. 99-314, eff. 8-7-15; 99-819, eff. 8-15-16.) | 15 | | (730 ILCS 167/30)
| 16 | | Sec. 30. Mental health and substance use disorder abuse | 17 | | treatment. | 18 | | (a) The Veterans and Servicemembers Court program may | 19 | | maintain a network of
substance use abuse treatment programs | 20 | | representing a continuum of graduated substance use abuse
| 21 | | treatment options commensurate with the needs of defendants; | 22 | | these shall include programs with
the VA, IDVA, a VAC, the | 23 | | State of Illinois and community-based programs supported and | 24 | | sanctioned by
either or both.
| 25 | | (b) Any substance use abuse treatment program to which |
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| 1 | | defendants are referred must be licensed by IDHS/SUPR, utilize | 2 | | evidence-based treatment, and deliver all services
in | 3 | | accordance with the regulations contained meet
all of the | 4 | | rules and governing programs in Parts 2030 and 2060 of Title 77 | 5 | | of the Illinois
Administrative Code.
| 6 | | (c) The Veterans and Servicemembers Court program may, in | 7 | | its discretion, employ
additional services or interventions, | 8 | | as it deems necessary on a case by case basis.
| 9 | | (d) The Veterans and Servicemembers Court program may | 10 | | maintain or collaborate with a
network of mental health | 11 | | treatment programs and, if it is a co-occurring mental health | 12 | | and
substance use disorder abuse court program, a network of | 13 | | substance use disorder abuse treatment programs representing a
| 14 | | continuum of treatment options commensurate with the needs of | 15 | | the defendant and available
resources including programs with | 16 | | the VA, the IDVA, a VAC, and the State of Illinois.
When not | 17 | | utilizing mental health treatment
or services available | 18 | | through the VA, IDVA or VAC, partnerships
with providers | 19 | | certified as community mental health or behavioral
health | 20 | | centers shall be prioritized as possible.
| 21 | | (Source: P.A. 99-819, eff. 8-15-16.) | 22 | | (730 ILCS 167/35)
| 23 | | Sec. 35. Violation; termination; discharge. | 24 | | (a) If the Court finds from the evidence presented | 25 | | including but not limited to the reports
or proffers of proof |
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| 1 | | from the Veterans and Servicemembers Court professionals that:
| 2 | | (1) the defendant is not performing satisfactorily in | 3 | | the assigned program; | 4 | | (2) the defendant is not benefitting from education, | 5 | | treatment, or rehabilitation; | 6 | | (3) the defendant has engaged in criminal conduct | 7 | | rendering him or her
unsuitable for the program; or
| 8 | | (4) the defendant has otherwise violated the terms and | 9 | | conditions of the program
or his or her sentence or is for | 10 | | any reason unable to participate; the Court may impose | 11 | | reasonable sanctions under prior written agreement of the
| 12 | | defendant, including but not limited to imprisonment or | 13 | | dismissal of the defendant from the
program and the Court | 14 | | may reinstate criminal proceedings against him or her or | 15 | | proceed under
Section 5-6-4 of the Unified Code of | 16 | | Corrections for a violation of probation, conditional
| 17 | | discharge, or supervision hearing. | 18 | | (b) Upon successful completion of the terms and conditions | 19 | | of the program, the Court
may dismiss the original charges | 20 | | against the defendant or successfully terminate the | 21 | | defendant's
sentence or otherwise discharge him or her from | 22 | | any further proceedings against him or her in
the original | 23 | | prosecution.
| 24 | | (c) Upon successful completion of the terms and conditions | 25 | | of
the program, any State's Attorney in the county of | 26 | | conviction may
move to vacate any convictions eligible for |
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| 1 | | sealing under the Criminal
Identification Act. Defendants may | 2 | | immediately file
petitions to expunge vacated convictions and | 3 | | the associated underlying
records per the Criminal | 4 | | Identification Act. In cases where the State's
Attorney moves | 5 | | to vacate a conviction, the State's
Attorney may not object to | 6 | | expungement
of that conviction or the underlying record. | 7 | | (d) Veterans and servicemembers court programs may | 8 | | maintain or
collaborate with a network of legal aid | 9 | | organizations that specialize in
conviction relief to support | 10 | | participants navigating the expungement
and sealing process.
| 11 | | (Source: P.A. 96-924, eff. 6-14-10.) | 12 | | (730 ILCS 167/40 new) | 13 | | Sec. 40. Education seminars for judges. The Administrative
| 14 | | Office of the Illinois Courts shall conduct education seminars
| 15 | | for judges throughout the State on how to operate Veterans and
| 16 | | Servicemembers Court Programs. | 17 | | (730 ILCS 167/45 new) | 18 | | Sec. 45. Education seminars for Veterans and | 19 | | Servicemembers
Court prosecutors. Subject to appropriation, | 20 | | the Office of the
State's Attorneys Appellate Prosecutor shall | 21 | | conduct mandatory
education seminars on the subjects of | 22 | | substance use disorders, addiction
and mental health, for all | 23 | | Veterans and Servicemembers Court
prosecutors throughout the | 24 | | State. |
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| 1 | | (730 ILCS 167/50 new) | 2 | | Sec. 50. Education seminars for public defenders. Subject | 3 | | to
appropriation, the Office of the State Appellate Defender | 4 | | shall
conduct mandatory education seminars on the subjects of
| 5 | | substance use disorders, addiction and mental health, for all | 6 | | public
defenders and assistant public defenders practicing in | 7 | | Veterans
and Servicemembers Courts throughout the State. | 8 | | Section 15. The Mental Health Court Treatment Act is | 9 | | amended by changing Sections 5, 10, 20, 25, 30, and 35 and by | 10 | | adding Sections 45, 50, and 55 as follows: | 11 | | (730 ILCS 168/5)
| 12 | | Sec. 5. Purposes. The General Assembly recognizes that a | 13 | | large percentage of criminal defendants have a diagnosable | 14 | | mental illness and that mental illnesses have a dramatic | 15 | | effect on the criminal justice system in the State of | 16 | | Illinois. The General Assembly also recognizes that mental | 17 | | illness and substance use disorders abuse problems co-occur in | 18 | | a substantial percentage of criminal defendants. There is a | 19 | | critical need for a criminal justice system program that will | 20 | | reduce the number of persons with mental illnesses and with | 21 | | co-occurring mental illness and substance use disorders abuse | 22 | | problems in the criminal justice system, reduce recidivism | 23 | | among persons with mental illness and with co-occurring mental |
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| 1 | | illness and substance use disorders abuse problems , provide | 2 | | appropriate treatment to persons with mental illnesses and | 3 | | co-occurring mental illness and substance use disorders abuse | 4 | | problems and reduce the incidence of crimes committed as a | 5 | | result of mental illnesses or co-occurring mental illness and | 6 | | substance use disorders abuse problems . It is the intent of | 7 | | the General Assembly to create specialized mental health | 8 | | courts with the necessary flexibility to meet the needs | 9 | | problems of criminal defendants with mental illnesses and | 10 | | co-occurring mental illness and substance use disorders abuse | 11 | | problems in the State of Illinois.
| 12 | | (Source: P.A. 95-606, eff. 6-1-08 .) | 13 | | (730 ILCS 168/10)
| 14 | | Sec. 10. Definitions. As used in this Act: | 15 | | "Mental health court", "mental health court program", or | 16 | | "program" means a structured judicial intervention process for | 17 | | mental health treatment of eligible defendants that brings | 18 | | together mental health professionals, local social programs, | 19 | | and intensive judicial monitoring. | 20 | | "Mental health court professional" means a member of the | 21 | | mental health court team, including
but not limited to a | 22 | | judge, prosecutor, defense attorney, probation officer, | 23 | | coordinator, treatment provider, or peer recovery coach. | 24 | | "Pre-adjudicatory mental health court program" means a | 25 | | program that allows the defendant, with the consent of the |
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| 1 | | prosecution, to expedite the defendant's criminal case before | 2 | | conviction or before filing of a criminal case and requires | 3 | | successful completion of the mental health court program as | 4 | | part of the agreement. | 5 | | "Post-adjudicatory mental health court program" means a | 6 | | program in which the defendant has admitted guilt or has been | 7 | | found guilty and agrees, along with the prosecution, to enter | 8 | | a mental health court program as part of the defendant's | 9 | | sentence. | 10 | | "Combination mental health court program" means a mental | 11 | | health court program that
includes a pre-adjudicatory mental | 12 | | health court program and a post-adjudicatory mental health | 13 | | court program. | 14 | | "Co-occurring mental health and substance use abuse court | 15 | | program" means a program that includes persons with | 16 | | co-occurring mental illness and substance use disorder abuse | 17 | | problems . Such programs
shall include professionals with | 18 | | training and experience in treating persons with substance use | 19 | | disorders abuse problems and mental illness.
| 20 | | "Clinical treatment plan" means an evidence-based,
| 21 | | comprehensive, and individualized plan that defines the scope | 22 | | of
treatment services to be delivered by a treatment provider. | 23 | | "Validated clinical assessment" may include assessment | 24 | | tools
required by public or private insurance. | 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 utilized
by the court for substance use or mental | 3 | | health treatment, or be a
recovery support specialist | 4 | | certified by the State of Illinois.
Peer recovery coaches | 5 | | should be individuals with lived experience
and shall guide | 6 | | and mentor the participant to successfully complete
assigned | 7 | | requirements and work to help facilitate participants'
| 8 | | independence for continued success once the supports of the | 9 | | court are
no longer available to them.
| 10 | | (Source: P.A. 97-946, eff. 8-13-12.) | 11 | | (730 ILCS 168/20) | 12 | | Sec. 20. Eligibility. | 13 | | (a) A defendant, who is eligible for probation based on | 14 | | the nature of the crime convicted of and in consideration of | 15 | | his or her criminal background, if any, may be admitted into a | 16 | | mental health court program only upon the agreement of the | 17 | | defendant and with the approval of the court. | 18 | | (b) A defendant shall be excluded from a mental health | 19 | | court program if any one of the following applies: | 20 | | (1) The crime is a crime of violence as set forth in | 21 | | clause (3) of this subsection (b). | 22 | | (2) The defendant does not demonstrate a willingness | 23 | | to participate in a treatment program. | 24 | | (3) The defendant has been convicted of a crime of | 25 | | violence within the past 10 years excluding incarceration |
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| 1 | | time. As used in this paragraph (3), "crime of violence" | 2 | | means: first degree murder, second degree murder, | 3 | | predatory criminal sexual assault of a child, aggravated | 4 | | criminal sexual assault, criminal sexual assault, armed | 5 | | robbery, aggravated arson, arson, aggravated kidnapping, | 6 | | kidnapping, aggravated battery resulting in great bodily | 7 | | harm or permanent disability, stalking, aggravated | 8 | | stalking, or any offense involving the discharge of a | 9 | | firearm. | 10 | | (4) (Blank). | 11 | | (5) The crime for which the defendant has been | 12 | | convicted is non-probationable. | 13 | | (6) The sentence imposed on the defendant, whether the | 14 | | result of a plea or a finding of guilt, renders the | 15 | | defendant ineligible for probation.
| 16 | | (c) A defendant charged with prostitution under Section | 17 | | 11-14 of the Criminal Code of 2012 may be admitted into a | 18 | | mental health court program, if available in the jurisdiction | 19 | | and provided that the requirements in subsections (a) and (b) | 20 | | are satisfied. Mental health court programs may include | 21 | | specialized service programs specifically designed to address | 22 | | the trauma associated with prostitution and human trafficking, | 23 | | and may offer those specialized services to defendants | 24 | | admitted to the mental health court program. Judicial circuits | 25 | | establishing these specialized programs shall partner with | 26 | | prostitution and human trafficking advocates, survivors, and |
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| 1 | | service providers in the development of the programs. | 2 | | (Source: P.A. 100-426, eff. 1-1-18 .) | 3 | | (730 ILCS 168/25)
| 4 | | Sec. 25. Procedure. | 5 | | (a) The court shall require an eligibility screening and | 6 | | an assessment of the defendant. The assessment shall include a
| 7 | | validated clinical assessment. The clinical assessment shall | 8 | | include,
but not be limited to, assessments of substance use | 9 | | disorder, mental and
behavioral health needs. The clinical | 10 | | assessment shall be administered
by a qualified clinician and | 11 | | used to inform any clinical treatment plans.
Clinical | 12 | | treatment plans shall be developed, in part, upon the known
| 13 | | availability of treatment resources available. Assessments for | 14 | | substance
use disorder shall be conducted in accordance with | 15 | | the Illinois
Department of Human Services/Division of | 16 | | Substance Use Prevention and
Recovery (IDHS/SUPR) regulations | 17 | | contained in Part 2060 of Title 77 of
the Illinois | 18 | | Administrative Code, and conducted by individuals who meet
the | 19 | | IDHS/SUPR regulations for professional staff also contained | 20 | | within
that Code. An assessment need not be ordered if the | 21 | | court finds a valid assessment related to the present charge | 22 | | pending against the defendant has been completed within the | 23 | | previous 60 days. | 24 | | (b) The judge shall inform the defendant that if the | 25 | | defendant fails to meet the requirements of the mental health |
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| 1 | | court program, eligibility to participate in the program may | 2 | | be revoked and the defendant may be sentenced or the | 3 | | prosecution continued, as provided in the Unified Code of | 4 | | Corrections, for the crime charged. | 5 | | (c) The defendant shall execute a written agreement as to | 6 | | his or her participation in the program and shall agree to all | 7 | | of the terms and conditions of the program, including but not | 8 | | limited to the possibility of sanctions or incarceration for | 9 | | failing to abide or comply with the terms of the program. | 10 | | (d) In addition to any conditions authorized under the | 11 | | Pretrial Services Act and Section 5-6-3 of the Unified Code of | 12 | | Corrections, the court may order the defendant to complete | 13 | | mental health or substance use disorder abuse treatment in an | 14 | | outpatient, inpatient, residential, or jail-based custodial | 15 | | treatment program , order the defendant to
complete mental | 16 | | health counseling in an inpatient or outpatient basis,
comply | 17 | | with physicians' recommendation regarding medications and all
| 18 | | follow up treatment for any mental health diagnosis made by | 19 | | the provider.
Substance use disorder treatment programs must | 20 | | be
licensed by IDHS/SUPR and utilize evidence-based treatment. | 21 | | When referring participants to mental health treatment
| 22 | | programs, the court shall prioritize providers certified as | 23 | | community
mental health or behavioral health centers as | 24 | | possible. The court shall
prioritize the least restrictive | 25 | | treatment option when ordering
mental health or substance use | 26 | | treatment for participants. The
court may order jail-based |
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| 1 | | custodial treatment if it finds that
jail-based treatment is | 2 | | the least restrictive alternative based on
evidence that | 3 | | efforts were made to locate less restrictive alternatives
to | 4 | | secure confinement and the reasons why efforts were | 5 | | unsuccessful in
locating a less restrictive alternative to | 6 | | jail-based custodial treatment . Any period of time a defendant | 7 | | shall serve in a jail-based treatment program may not be | 8 | | reduced by the accumulation of good time or other credits and | 9 | | may be for a period of up to 120 days. | 10 | | (e) The mental health court program may include a regimen | 11 | | of graduated requirements and rewards and sanctions, including | 12 | | but not limited to: fines, fees, costs, restitution, | 13 | | incarceration of up to 180 days, individual and group therapy, | 14 | | medication, drug analysis testing, close monitoring by the | 15 | | court and supervision of progress, educational or vocational | 16 | | counseling as appropriate and other requirements necessary to | 17 | | fulfill the mental health court program.
| 18 | | (f) 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 | | court program,
a network of substance use treatment programs | 22 | | representing a
continuum of treatment options commensurate | 23 | | with the needs of the
defendant and available resources | 24 | | including programs with the State
of Illinois. | 25 | | (g) Recognizing that individuals struggling with
mental | 26 | | health, addiction and related co-occurring disorders have
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| 1 | | often experienced trauma, mental health court programs may | 2 | | include
specialized service programs specifically designed to | 3 | | address trauma.
These specialized services may be offered to | 4 | | defendants admitted to
the mental health court program. | 5 | | Judicial circuits establishing these
specialized programs | 6 | | shall partner with service providers in the
development of the | 7 | | programs. Trauma-informed services and programming
should be | 8 | | operated in Accordance with best practices outlined by the
| 9 | | Substance Abuse and Mental Health Service Administration's | 10 | | National
Center for Trauma Informed Care (SAMHSA). | 11 | | (h) The Court may establish a mentorship program that
| 12 | | provides access and support to program participants by peer
| 13 | | recovery coaches. Courts shall be responsible to administer | 14 | | the
mentorship program with the support of mentors and local | 15 | | mental
health and IDHS/SUPR licensed substance use disorder | 16 | | treatment organizations.
Peer recovery coaches shall be | 17 | | trained by the court,
a service provider utilized by the court | 18 | | for substance use or mental
health treatment, or be a recovery | 19 | | support specialist certified by the
State of Illinois. Peer | 20 | | recovery coaches shall be approved by the Court
and complete | 21 | | orientation with the court team prior to being assigned to | 22 | | participants in the program.
| 23 | | (Source: P.A. 95-606, eff. 6-1-08 .) | 24 | | (730 ILCS 168/30)
| 25 | | Sec. 30. Mental health and substance use abuse treatment. |
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| 1 | | (a) The mental health court program may maintain or | 2 | | collaborate with a network of mental
health treatment programs | 3 | | and, if it is a co-occurring mental health and substance use | 4 | | disorder abuse court program, a network of substance use abuse | 5 | | treatment programs representing a continuum of treatment | 6 | | options commensurate with the needs of defendants and | 7 | | available resources. | 8 | | (b) Any substance use disorder abuse treatment program to | 9 | | which defendants are referred must be licensed by the State of | 10 | | Illinois
as SUPR providers, utilize evidence-based treatment, | 11 | | and meet all of the rules and governing programs in Parts 2030 | 12 | | and 2060 of Title 77 of the Illinois Administrative Code. | 13 | | (c) The mental health court program may, at its | 14 | | discretion, employ additional services or interventions, as it | 15 | | deems necessary on a case by case basis.
| 16 | | (Source: P.A. 95-606, eff. 6-1-08 .) | 17 | | (730 ILCS 168/35)
| 18 | | Sec. 35. Violation; termination; discharge.
| 19 | | (a) If the court finds from the evidence presented, | 20 | | including but not limited to the reports or proffers of proof | 21 | | from the mental health court professionals that: | 22 | | (1) the defendant is not performing satisfactorily in | 23 | | the assigned program; | 24 | | (2) the defendant is not benefiting from education, | 25 | | treatment, or rehabilitation; |
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| 1 | | (3) the defendant has engaged in criminal conduct | 2 | | rendering him or her unsuitable for the program; or | 3 | | (4) the defendant has otherwise violated the terms and | 4 | | conditions of the program or his or her sentence or is for | 5 | | any reason unable to participate;
| 6 | | the court may impose reasonable sanctions under prior written | 7 | | agreement of the defendant, including but not limited to | 8 | | imprisonment or dismissal of the defendant from the program; | 9 | | and the court may reinstate criminal proceedings against him | 10 | | or her or proceed under Section 5-6-4 of the Unified Code of | 11 | | Corrections for a violation of probation, conditional | 12 | | discharge, or supervision hearing.
No defendant may be | 13 | | dismissed from the program unless, prior to such dismissal, | 14 | | the defendant is informed in writing: (i) of the reason or | 15 | | reasons for the dismissal; (ii) the evidentiary basis | 16 | | supporting the reason or reasons for the dismissal; (iii) that | 17 | | the defendant has a right to a hearing at
which he or she may | 18 | | present evidence supporting his or her continuation in the | 19 | | program. Based upon the evidence presented, the court shall | 20 | | determine whether the defendant has violated the conditions of | 21 | | the program and whether the defendant should be dismissed from | 22 | | the program or whether some other alternative may be | 23 | | appropriate in the interests of the defendant and the public. | 24 | | (b) Upon successful completion of the terms and conditions | 25 | | of the program, the court may dismiss the original charges | 26 | | against the defendant or successfully terminate the |
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| 1 | | defendant's sentence or otherwise discharge him or her from | 2 | | the program or from any further proceedings against him or her | 3 | | in the original prosecution.
| 4 | | (c) Upon successful completion of the terms and conditions | 5 | | of
the program, any State's Attorney in the county of | 6 | | conviction may move
to vacate any convictions eligible for | 7 | | sealing under the Criminal
Identification Act. Defendants may | 8 | | immediately file
petitions to expunge vacated convictions and | 9 | | the associated underlying
records per the Criminal | 10 | | Identification Act. In cases where the State's
Attorney moves | 11 | | to vacate a conviction, the State's Attorney may not object to | 12 | | expungement
of that conviction or the underlying record. | 13 | | (d) The mental health court program may maintain or | 14 | | collaborate
with a network of legal aid organizations that | 15 | | specialize in conviction
relief to support participants | 16 | | navigating the expungement and sealing
process.
| 17 | | (Source: P.A. 95-606, eff. 6-1-08 .) | 18 | | (730 ILCS 168/45 new) | 19 | | Sec. 45. Education seminars for judges. The Administrative
| 20 | | Office of the Illinois Courts shall conduct education seminars
| 21 | | for judges throughout the State on how to operate Mental | 22 | | Health
Court programs. | 23 | | (730 ILCS 168/50 new) | 24 | | Sec. 50. Education seminars for Mental Health Court |
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| 1 | | prosecutors. Subject to appropriation, the Office of the | 2 | | State's Attorneys Appellate
Prosecutor shall conduct mandatory | 3 | | education seminars on the subjects of
substance use disorder, | 4 | | addiction and mental health, for all prosecutors
serving in | 5 | | Mental Health courts throughout the State. | 6 | | (730 ILCS 168/55 new) | 7 | | Sec. 55. Education seminars for public defenders. Subject | 8 | | to
appropriation, the Office of the State Appellate Defender | 9 | | shall
conduct mandatory education seminars on the subjects of | 10 | | substance use disorder,
addiction, and mental health, for all | 11 | | public defenders and assistant public
defenders practicing in | 12 | | Mental Health courts throughout the State. ".
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