State of Illinois
92nd General Assembly

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[ Introduced ][ Enrolled ][ Senate Amendment 001 ]


SB1638 Engrossed                               LRB9214162RCcd

 1        AN ACT in relation to drug courts.

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

 4        Section 1.   Short title. This Act may be  cited  as  the
 5    Juvenile  Drug Court Treatment Act.

 6        Section 5. Purposes. The General Assembly recognizes that
 7    the  use  and  abuse  of  drugs  has a dramatic effect on the
 8    juvenile justice system in the State of Illinois. There is  a
 9    critical need for a juvenile justice system program that will
10    reduce  the incidence of drug use, drug addiction, and crimes
11    committed as a result of drug use and drug addiction.  It  is
12    the intent of the General Assembly to create specialized drug
13    courts  with  the  necessary  flexibility  to  meet  the drug
14    problems in the State of Illinois.

15        Section 10. Definitions. As used in this Act:
16        "Drug court", "drug court program", or "program" means an
17    immediate and highly structured judicial intervention process
18    for substance abuse treatment   of   eligible   minors   that
19    brings  together  substance abuse professionals, local social
20    programs, and intensive  judicial  monitoring  in  accordance
21    with  the  nationally  recommended  10 key components of drug
22    courts.
23        "Drug court  professional"  means  a  judge,  prosecutor,
24    defense  attorney,  probation  officer, or treatment provider
25    involved with the drug court program.
26        "Pre-adjudicatory drug court  program"  means  a  program
27    that    allows    the    minor,   with  the  consent  of  the
28    prosecution, to expedite the minor's delinquency  case    and
29    requires  successful   completion  of  the drug court program
30    as part of the agreement.
SB1638 Engrossed            -2-                LRB9214162RCcd
 1        "Post-adjudicatory drug court program" means a program in
 2    which the minor has admitted  guilt   or   has   been   found
 3    guilty  and  agrees,  along  with the prosecution, to enter a
 4    drug court program as part of the minor's disposition.
 5        "Combination drug  court  program"  means  a  drug  court
 6    program  that  includes a pre-adjudicatory drug court program
 7    and a post-adjudicatory drug court program.

 8        Section  15.  Authorization.  The  Chief  Judge  of  each
 9    judicial  circuit  may  establish  a   drug court program for
10    minors  including the format under which  it  operates  under
11    this Act.

12        Section 20. Eligibility.
13        (a)  A  minor  may   be   admitted   into  a  drug  court
14    program  only  upon  the  agreement of the prosecutor and the
15    minor and with the approval of the court.
16        (b)  A minor shall be  excluded   from   a   drug   court
17    program if any of one of the following apply:
18             (1) The crime is a crime of violence as set forth in
19        clause (4) of this subsection (b).
20             (2)  The   minor   denies   his   or  her  use of or
21        addiction to drugs.
22             (3)  The    minor   does    not    demonstrate     a
23        willingness to participate in a treatment program.
24             (4)  The  minor has been adjudicated delinquent  for
25        a  crime  of  violence within the past 10 years excluding
26        incarceration time, including but not limited  to:  first
27        degree    murder,   second    degree   murder,  predatory
28        criminal sexual assault of  a  child,    criminal  sexual
29        assault,    armed   robbery,   aggravated  arson,  arson,
30        aggravated    kidnapping,     kidnapping,      aggravated
31        battery  resulting   in   great  bodily harm or permanent
32        disability,  stalking,  aggravated   stalking,   or   any
SB1638 Engrossed            -3-                LRB9214162RCcd
 1        offense  involving the discharge of a firearm.

 2        Section 25. Procedure.
 3        (a)  The  court  shall order an eligibility screening and
 4    an assessment of the minor by an  agent  designated  by   the
 5    State  of  Illinois  to  provide  assessment services for the
 6    Illinois Courts.  An assessment need not be  ordered  if  the
 7    court  finds a valid assessment related to the present charge
 8    pending  against  the  minor  has been completed  within  the
 9    previous 60 days.
10        (b)  The  judge  shall  inform  the  minor  that  if  the
11    minor  fails  to  meet  the  conditions  of  the  drug  court
12    program,  eligibility  to  participate  in the program may be
13    revoked and the minor may be  sentenced  or  the  prosecution
14    continued  as provided in the Juvenile Court Act of 1987  for
15    the crime charged.
16        (c)  The  minor  shall execute a written agreement as  to
17    his  or  her  participation in the program and shall agree to
18    all of the terms and conditions of the program, including but
19    not limited to the possibility of sanctions or  incarceration
20    for failing to abide or comply with the terms of the program.
21        (d)  In  addition  to  any  conditions  authorized  under
22    Sections  5-505,  5-710,  and  5-715, the court may order the
23    minor  to  complete  substance    abuse   treatment   in   an
24    outpatient,   inpatient,  residential,   or   detention-based
25    custodial treatment  program.  Any period  of  time  a  minor
26    shall   serve  in a detention-based treatment program may not
27    be reduced by the  accumulation   of  good   time   or  other
28    credits and may be for a period of up to 120 days.
29        (e)  The drug court program shall include  a  regimen  of
30    graduated  requirements  and rewards and sanctions, including
31    but   not   limited   to:   fines,      costs,   restitution,
32    public service  employment, incarceration  of   up   to   120
33    days,  individual  and  group therapy, drug analysis testing,
SB1638 Engrossed            -4-                LRB9214162RCcd
 1    close monitoring by the court at  a  minimum  of  once  every
 2    30   days   and  supervision  of progress,   educational   or
 3    vocational     counseling     as  appropriate,    and   other
 4    requirements necessary to fulfill the drug court program.

 5        Section 30. Substance abuse treatment.
 6        (a)  The drug court program shall maintain a  network  of
 7    substance  abuse  treatment programs representing a continuum
 8    of graduated substance abuse treatment  options  commensurate
 9    with the needs of minors.
10        (b)  Any  substance  abuse  treatment  program  to  which
11    minors   are   referred   must   meet  all  of  the rules and
12    governing programs in Parts 2030 and 2060 of Title 77 of  the
13    Illinois Administrative Code.
14        (c)  The  drug  court  program  may,  at  its discretion,
15    employ additional services  or  interventions,  as  it  deems
16    necessary on a case by case basis.

17        Section 35. Violation; termination; discharge.
18        (a)  If  the  court  finds  from  the  evidence presented
19    including but not limited to the reports or proffers of proof
20    from the drug court professionals that:
21             (1)  the minor is not performing  satisfactorily  in
22        the assigned program;
23             (2)  the    minor    is    not    benefitting   from
24        education, treatment, or rehabilitation;
25             (3)  the  minor  has  engaged  in  criminal  conduct
26        rendering him or her unsuitable for the program; or
27             (4)  the minor has otherwise violated the  terms and
28        conditions   of  the  program or his or her dispositional
29        order  or is for any reason unable to participate;
30    the court may impose reasonable sanctions under prior written
31    agreement of the minor,  including   but   not   limited   to
32    imprisonment  or  dismissal of the minor from the program and
SB1638 Engrossed            -5-                LRB9214162RCcd
 1    the  court may reinstate juvenile proceedings against  him or
 2    her or proceed under Section 5-720 of the Juvenile Court  Act
 3    of    1987  for   a  violation  of   probation,   conditional
 4    discharge, or supervision hearing.
 5        (b)  Upon   successful   completion   of  the  terms  and
 6    conditions of the program by the minor, the court may dismiss
 7    the  original  charges  against  the  minor  or  successfully
 8    terminate  the minor's  sentence  or otherwise discharge  him
 9    or  her  from  any further proceedings against him or her  in
10    the  original prosecution.

11        Section 105.  The Juvenile Court Act of 1987  is  amended
12    by  changing Section 1-5 as follows:

13        (705 ILCS 405/1-5) (from Ch. 37, par. 801-5)
14        Sec. 1-5.  Rights of parties to proceedings.
15        (1)  Except as provided in this Section and paragraph (2)
16    of  Sections  2-22, 3-23, 4-20, 5-610 or 5-705, the minor who
17    is the subject of the proceeding and his  parents,  guardian,
18    legal  custodian  or  responsible  relative  who  are parties
19    respondent have the right to be  present,  to  be  heard,  to
20    present    evidence   material   to   the   proceedings,   to
21    cross-examine witnesses, to examine pertinent court files and
22    records and also, although proceedings under this Act are not
23    intended to be  adversary  in  character,  the  right  to  be
24    represented   by  counsel.   At  the  request  of  any  party
25    financially unable to employ counsel, with the exception of a
26    foster parent permitted to intervene under this Section,  the
27    court shall appoint the Public Defender or such other counsel
28    as  the case may require. Counsel appointed for the minor and
29    any indigent party shall appear at all stages  of  the  trial
30    court proceeding, and such appointment shall continue through
31    the  permanency  hearings  and termination of parental rights
32    proceedings subject to withdrawal or substitution pursuant to
SB1638 Engrossed            -6-                LRB9214162RCcd
 1    Supreme Court Rules or the Code of Civil Procedure. Following
 2    the dispositional hearing, the court  may  require  appointed
 3    counsel,  other than counsel for the minor or counsel for the
 4    guardian ad litem, to withdraw his  or  her  appearance  upon
 5    failure  of  the  party  for whom counsel was appointed under
 6    this Section to attend any subsequent proceedings.
 7        No hearing on any petition or motion filed under this Act
 8    may be commenced unless the minor who is the subject  of  the
 9    proceeding  is represented by counsel.  Each adult respondent
10    shall be furnished a written "Notice of Rights" at or  before
11    the first hearing at which he or she appears.
12        (1.5)  The Department shall maintain a system of response
13    to  inquiry made by parents or putative parents as to whether
14    their child is under  the  custody  or  guardianship  of  the
15    Department;  and  if  so,  the  Department  shall  direct the
16    parents or putative  parents  to  the  appropriate  court  of
17    jurisdiction,  including  where  inquiry  may  be made of the
18    clerk of the court regarding the case  number  and  the  next
19    scheduled  court date  of the minor's case.  Effective notice
20    and the means of accessing information shall be given to  the
21    public on a continuing basis by the Department.
22        (2) (a)  Though not appointed guardian or legal custodian
23    or  otherwise  made a party to the proceeding, any current or
24    previously appointed foster parent or relative caregiver,  or
25    representative  of an agency or association interested in the
26    minor has the right to be heard by the court,  but  does  not
27    thereby become a party to the proceeding.
28        In  addition  to  the  foregoing right to be heard by the
29    court, any current foster parent or relative caregiver  of  a
30    minor   and  the  agency  designated  by  the  court  or  the
31    Department of Children and Family Services  as  custodian  of
32    the  minor  who  is  alleged to be or has been adjudicated an
33    abused or neglected minor under Section 2-3  or  a  dependent
34    minor  under  Section  2-4  of  this Act has the right to and
SB1638 Engrossed            -7-                LRB9214162RCcd
 1    shall be given adequate notice at all stages of  any  hearing
 2    or proceeding under this Act.
 3        Any foster parent or relative caregiver who is denied his
 4    or  her  right  to  be  heard  under this Section may bring a
 5    mandamus action under  Article  XIV  of  the  Code  of  Civil
 6    Procedure  against  the court or any public agency to enforce
 7    that right.  The mandamus action may be  brought  immediately
 8    upon the denial of those rights but in no event later than 30
 9    days  after the foster parent has been denied the right to be
10    heard.
11        (b)  If after an adjudication that a minor is  abused  or
12    neglected  as  provided  under Section 2-21 of this Act and a
13    motion has been made to restore  the  minor  to  any  parent,
14    guardian,  or  legal  custodian  found  by  the court to have
15    caused the neglect or to have  inflicted  the  abuse  on  the
16    minor,  a foster parent may file a motion to intervene in the
17    proceeding for the sole purpose of requesting that the  minor
18    be  placed  with  the foster parent, provided that the foster
19    parent (i) is the current foster parent of the minor or  (ii)
20    has  previously  been  a  foster parent for the minor for one
21    year or more, has a foster care license or is eligible for  a
22    license,  and  is not the subject of any findings of abuse or
23    neglect of any child.  The  juvenile  court  may  only  enter
24    orders  placing  a  minor with a specific foster parent under
25    this subsection (2)(b) and nothing in this Section  shall  be
26    construed  to  confer  any  jurisdiction  or authority on the
27    juvenile court  to  issue  any  other  orders  requiring  the
28    appointed guardian or custodian of a minor to place the minor
29    in a designated foster home or facility.  This Section is not
30    intended  to  encompass any matters that are within the scope
31    or determinable under the administrative and  appeal  process
32    established by rules of the Department of Children and Family
33    Services  under  Section  5(o)  of  the  Children  and Family
34    Services Act.  Nothing in  this  Section  shall  relieve  the
SB1638 Engrossed            -8-                LRB9214162RCcd
 1    court  of  its  responsibility, under Section 2-14(a) of this
 2    Act to act in a just and speedy manner  to  reunify  families
 3    where it is the best interests of the minor and the child can
 4    be  cared  for at home without endangering the child's health
 5    or safety and, if reunification is not in the best  interests
 6    of  the  minor, to find another permanent home for the minor.
 7    Nothing in this Section, or in any order issued by the  court
 8    with  respect  to  the  placement  of  a  minor with a foster
 9    parent,  shall  impair  the  ability  of  the  Department  of
10    Children and Family Services, or anyone else authorized under
11    Section 5 of the Abused and Neglected Child Reporting Act, to
12    remove a minor from the  home  of  a  foster  parent  if  the
13    Department  of  Children  and  Family  Services or the person
14    removing  the  minor  has  reason   to   believe   that   the
15    circumstances  or  conditions  of  the  minor  are  such that
16    continuing in the residence or care of the foster parent will
17    jeopardize the  child's  health  and  safety  or  present  an
18    imminent risk of harm to that minor's life.
19        (c)  If  a  foster  parent  has  had the minor who is the
20    subject of the proceeding under Article II in his or her home
21    for more than one year on or after July 3, 1994  and  if  the
22    minor's  placement  is  being  terminated  from  that  foster
23    parent's  home,  that  foster  parent shall have standing and
24    intervenor status except in  those  circumstances  where  the
25    Department  of  Children  and  Family Services or anyone else
26    authorized under Section 5 of the Abused and Neglected  Child
27    Reporting  Act  has  removed the minor from the foster parent
28    because of a reasonable  belief  that  the  circumstances  or
29    conditions  of  the  minor  are  such  that continuing in the
30    residence or care of the foster parent  will  jeopardize  the
31    child's health or safety or presents an imminent risk of harm
32    to the minor's life.
33        (d)  The court may grant standing to any foster parent if
34    the  court finds that it is in the best interest of the child
SB1638 Engrossed            -9-                LRB9214162RCcd
 1    for the foster parent to have standing and intervenor status.
 2        (3)  Parties  respondent  are  entitled  to   notice   in
 3    compliance  with  Sections 2-15 and 2-16, 3-17 and 3-18, 4-14
 4    and 4-15 or 5-525 and 5-530, as  appropriate.  At  the  first
 5    appearance  before  the  court  by  the  minor,  his parents,
 6    guardian, custodian or responsible relative, the court  shall
 7    explain  the nature of the proceedings and inform the parties
 8    of their rights under the first 2 paragraphs of this Section.
 9        If the child  is  alleged  to  be  abused,  neglected  or
10    dependent,  the  court shall admonish the parents that if the
11    court declares the child to be a ward of the court and awards
12    custody or guardianship to the  Department  of  Children  and
13    Family   Services,   the  parents  must  cooperate  with  the
14    Department of Children and Family Services, comply  with  the
15    terms  of  the service plans, and correct the conditions that
16    require the child to be in care, or risk termination of their
17    parental rights.
18        Upon an adjudication  of  wardship  of  the  court  under
19    Sections  2-22,  3-23,  4-20 or 5-705, the court shall inform
20    the parties of their right to appeal  therefrom  as  well  as
21    from any other final judgment of the court.
22        When   the  court  finds  that  a  child  is  an  abused,
23    neglected, or dependent minor under Section 2-21,  the  court
24    shall  admonish  the  parents that the parents must cooperate
25    with the Department of Children and Family  Services,  comply
26    with  the  terms  of  the  service  plans,  and  correct  the
27    conditions  that  require  the  child  to be in care, or risk
28    termination of their parental rights.
29        When the court declares a child to be a ward of the court
30    and awards guardianship to the  Department  of  Children  and
31    Family  Services under Section 2-22, the court shall admonish
32    the parents, guardian,  custodian,  or  responsible  relative
33    that  the  parents  must  cooperate  with  the  Department of
34    Children and Family Services, comply with the  terms  of  the
SB1638 Engrossed            -10-               LRB9214162RCcd
 1    service  plans,  and  correct the conditions that require the
 2    child to be in care, or risk termination  of  their  parental
 3    rights.
 4        (4)  No  sanction may be applied against the minor who is
 5    the subject of the proceedings by reason of  his  refusal  or
 6    failure to testify in the course of any hearing held prior to
 7    final adjudication under Section 2-22, 3-23, 4-20 or 5-705.
 8        (5)  In  the  discretion  of  the court, the minor may be
 9    excluded from any part or parts of  a  dispositional  hearing
10    and,  with  the  consent  of the parent or parents, guardian,
11    counsel or a guardian ad litem, from any part or parts of  an
12    adjudicatory hearing.
13        (6)  The general public except for the news media and the
14    victim shall be excluded from any hearing and, except for the
15    persons  specified  in  this  Section only persons, including
16    representatives of agencies  and  associations,  who  in  the
17    opinion of the court have a direct interest in the case or in
18    the  work  of  the  court  shall  be admitted to the hearing.
19    However, the court may, for the minor's safety and protection
20    and for good cause  shown,  prohibit  any  person  or  agency
21    present   in   court  from  further  disclosing  the  minor's
22    identity. Nothing in this subsection (6) prevents  the  court
23    from   allowing   other    juveniles  to  be  present  or  to
24    participate in a court session being held  under the Juvenile
25    Drug Court Treatment Act.
26        (7)  A party shall not be entitled to exercise the  right
27    to  a substitution of a judge without cause under subdivision
28    (a)(2) of Section 2-1001 of the Code of Civil Procedure in  a
29    proceeding  under this Act if the judge is currently assigned
30    to a proceeding involving  the  alleged  abuse,  neglect,  or
31    dependency  of  the  minor's sibling or half sibling and that
32    judge  has  made  a  substantive  ruling  in  the  proceeding
33    involving the minor's sibling or half sibling.
34    (Source: P.A. 90-27, eff. 1-1-98; 90-28, eff. 1-1-98; 90-590,
SB1638 Engrossed            -11-               LRB9214162RCcd
 1    eff. 1-1-99; 90-608, eff. 6-30-98; 91-357, eff. 7-29-99.)

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