State of Illinois
92nd General Assembly

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 1                    AMENDMENT TO SENATE BILL 1638

 2        AMENDMENT NO.     .  Amend Senate Bill 1638 as follows:

 3    by replacing everything after the enacting  clause  with  the
 4    following:

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

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

16        Section 10. Definitions. As used in this Act:
17        "Drug court", "drug court program", or "program" means an
18    immediate and highly structured judicial intervention process
19    for substance abuse treatment   of   eligible   minors   that
20    brings  together  substance abuse professionals, local social
                            -2-           SRS92SB1638JJcpam01
 1    programs, and intensive  judicial  monitoring  in  accordance
 2    with  the  nationally  recommended  10 key components of drug
 3    courts.
 4        "Drug court  professional"  means  a  judge,  prosecutor,
 5    defense  attorney,  probation  officer, or treatment provider
 6    involved with the drug court program.
 7        "Pre-adjudicatory drug court  program"  means  a  program
 8    that    allows    the    minor,   with  the  consent  of  the
 9    prosecution, to expedite the minor's delinquency  case    and
10    requires  successful   completion  of  the drug court program
11    as part of the agreement.
12        "Post-adjudicatory drug court program" means a program in
13    which the minor has admitted  guilt   or   has   been   found
14    guilty  and  agrees,  along  with the prosecution, to enter a
15    drug court program as part of the minor's disposition.
16        "Combination drug  court  program"  means  a  drug  court
17    program  that  includes a pre-adjudicatory drug court program
18    and a post-adjudicatory drug court program.

19        Section  15.  Authorization.  The  Chief  Judge  of  each
20    judicial  circuit  may  establish  a   drug court program for
21    minors  including the format under which  it  operates  under
22    this Act.

23        Section 20. Eligibility.
24        (a)  A  minor  may   be   admitted   into  a  drug  court
25    program  only  upon  the  agreement of the prosecutor and the
26    minor and with the approval of the court.
27        (b)  A minor shall be  excluded   from   a   drug   court
28    program if any of one of the following apply:
29             (1) The crime is a crime of violence as set forth in
30        clause (4) of this subsection (b).
31             (2)  The   minor   denies   his   or  her  use of or
32        addiction to drugs.
                            -3-           SRS92SB1638JJcpam01
 1             (3)  The    minor   does    not    demonstrate     a
 2        willingness to participate in a treatment program.
 3             (4)  The  minor has been adjudicated delinquent  for
 4        a  crime  of  violence within the past 10 years excluding
 5        incarceration time, including but not limited  to:  first
 6        degree    murder,   second    degree   murder,  predatory
 7        criminal sexual assault of  a  child,    criminal  sexual
 8        assault,    armed   robbery,   aggravated  arson,  arson,
 9        aggravated    kidnapping,     kidnapping,      aggravated
10        battery  resulting   in   great  bodily harm or permanent
11        disability,  stalking,  aggravated   stalking,   or   any
12        offense  involving the discharge of a firearm.

13        Section 25. Procedure.
14        (a)  The  court  shall order an eligibility screening and
15    an assessment of the minor by an  agent  designated  by   the
16    State  of  Illinois  to  provide  assessment services for the
17    Illinois Courts.  An assessment need not be  ordered  if  the
18    court  finds a valid assessment related to the present charge
19    pending  against  the  minor  has been completed  within  the
20    previous 60 days.
21        (b)  The  judge  shall  inform  the  minor  that  if  the
22    minor  fails  to  meet  the  conditions  of  the  drug  court
23    program,  eligibility  to  participate  in the program may be
24    revoked and the minor may be  sentenced  or  the  prosecution
25    continued  as provided in the Juvenile Court Act of 1987  for
26    the crime charged.
27        (c)  The  minor  shall execute a written agreement as  to
28    his  or  her  participation in the program and shall agree to
29    all of the terms and conditions of the program, including but
30    not limited to the possibility of sanctions or  incarceration
31    for failing to abide or comply with the terms of the program.
32        (d)  In  addition  to  any  conditions  authorized  under
33    Sections  5-505,  5-710,  and  5-715, the court may order the
                            -4-           SRS92SB1638JJcpam01
 1    minor  to  complete  substance    abuse   treatment   in   an
 2    outpatient,   inpatient,  residential,   or   detention-based
 3    custodial treatment  program.  Any period  of  time  a  minor
 4    shall   serve  in a detention-based treatment program may not
 5    be reduced by the  accumulation   of  good   time   or  other
 6    credits and may be for a period of up to 120 days.
 7        (e)  The drug court program shall include  a  regimen  of
 8    graduated  requirements  and rewards and sanctions, including
 9    but   not   limited   to:   fines,      costs,   restitution,
10    public service  employment, incarceration  of   up   to   120
11    days,  individual  and  group therapy, drug analysis testing,
12    close monitoring by the court at  a  minimum  of  once  every
13    30   days   and  supervision  of progress,   educational   or
14    vocational     counseling     as  appropriate,    and   other
15    requirements necessary to fulfill the drug court program.

16        Section 30. Substance abuse treatment.
17        (a)  The drug court program shall maintain a  network  of
18    substance  abuse  treatment programs representing a continuum
19    of graduated substance abuse treatment  options  commensurate
20    with the needs of minors.
21        (b)  Any  substance  abuse  treatment  program  to  which
22    minors   are   referred   must   meet  all  of  the rules and
23    governing programs in Parts 2030 and 2060 of Title 77 of  the
24    Illinois Administrative Code.
25        (c)  The  drug  court  program  may,  at  its discretion,
26    employ additional services  or  interventions,  as  it  deems
27    necessary on a case by case basis.

28        Section 35. Violation; termination; discharge.
29        (a)  If  the  court  finds  from  the  evidence presented
30    including but not limited to the reports or proffers of proof
31    from the drug court professionals that:
32             (1)  the minor is not performing  satisfactorily  in
                            -5-           SRS92SB1638JJcpam01
 1        the assigned program;
 2             (2)  the    minor    is    not    benefitting   from
 3        education, treatment, or rehabilitation;
 4             (3)  the  minor  has  engaged  in  criminal  conduct
 5        rendering him or her unsuitable for the program; or
 6             (4)  the minor has otherwise violated the  terms and
 7        conditions   of  the  program or his or her dispositional
 8        order  or is for any reason unable to participate;
 9    the court may impose reasonable sanctions under prior written
10    agreement of the minor,  including   but   not   limited   to
11    imprisonment  or  dismissal of the minor from the program and
12    the  court may reinstate juvenile proceedings against  him or
13    her or proceed under Section 5-720 of the Juvenile Court  Act
14    of    1987  for   a  violation  of   probation,   conditional
15    discharge, or supervision hearing.
16        (b)  Upon   successful   completion   of  the  terms  and
17    conditions of the program by the minor, the court may dismiss
18    the  original  charges  against  the  minor  or  successfully
19    terminate  the minor's  sentence  or otherwise discharge  him
20    or  her  from  any further proceedings against him or her  in
21    the  original prosecution.

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

24        (705 ILCS 405/1-5) (from Ch. 37, par. 801-5)
25        Sec. 1-5.  Rights of parties to proceedings.
26        (1)  Except as provided in this Section and paragraph (2)
27    of  Sections  2-22, 3-23, 4-20, 5-610 or 5-705, the minor who
28    is the subject of the proceeding and his  parents,  guardian,
29    legal  custodian  or  responsible  relative  who  are parties
30    respondent have the right to be  present,  to  be  heard,  to
31    present    evidence   material   to   the   proceedings,   to
32    cross-examine witnesses, to examine pertinent court files and
                            -6-           SRS92SB1638JJcpam01
 1    records and also, although proceedings under this Act are not
 2    intended to be  adversary  in  character,  the  right  to  be
 3    represented   by  counsel.   At  the  request  of  any  party
 4    financially unable to employ counsel, with the exception of a
 5    foster parent permitted to intervene under this Section,  the
 6    court shall appoint the Public Defender or such other counsel
 7    as  the case may require. Counsel appointed for the minor and
 8    any indigent party shall appear at all stages  of  the  trial
 9    court proceeding, and such appointment shall continue through
10    the  permanency  hearings  and termination of parental rights
11    proceedings subject to withdrawal or substitution pursuant to
12    Supreme Court Rules or the Code of Civil Procedure. Following
13    the dispositional hearing, the court  may  require  appointed
14    counsel,  other than counsel for the minor or counsel for the
15    guardian ad litem, to withdraw his  or  her  appearance  upon
16    failure  of  the  party  for whom counsel was appointed under
17    this Section to attend any subsequent proceedings.
18        No hearing on any petition or motion filed under this Act
19    may be commenced unless the minor who is the subject  of  the
20    proceeding  is represented by counsel.  Each adult respondent
21    shall be furnished a written "Notice of Rights" at or  before
22    the first hearing at which he or she appears.
23        (1.5)  The Department shall maintain a system of response
24    to  inquiry made by parents or putative parents as to whether
25    their child is under  the  custody  or  guardianship  of  the
26    Department;  and  if  so,  the  Department  shall  direct the
27    parents or putative  parents  to  the  appropriate  court  of
28    jurisdiction,  including  where  inquiry  may  be made of the
29    clerk of the court regarding the case  number  and  the  next
30    scheduled  court date  of the minor's case.  Effective notice
31    and the means of accessing information shall be given to  the
32    public on a continuing basis by the Department.
33        (2) (a)  Though not appointed guardian or legal custodian
34    or  otherwise  made a party to the proceeding, any current or
                            -7-           SRS92SB1638JJcpam01
 1    previously appointed foster parent or relative caregiver,  or
 2    representative  of an agency or association interested in the
 3    minor has the right to be heard by the court,  but  does  not
 4    thereby become a party to the proceeding.
 5        In  addition  to  the  foregoing right to be heard by the
 6    court, any current foster parent or relative caregiver  of  a
 7    minor   and  the  agency  designated  by  the  court  or  the
 8    Department of Children and Family Services  as  custodian  of
 9    the  minor  who  is  alleged to be or has been adjudicated an
10    abused or neglected minor under Section 2-3  or  a  dependent
11    minor  under  Section  2-4  of  this Act has the right to and
12    shall be given adequate notice at all stages of  any  hearing
13    or proceeding under this Act.
14        Any foster parent or relative caregiver who is denied his
15    or  her  right  to  be  heard  under this Section may bring a
16    mandamus action under  Article  XIV  of  the  Code  of  Civil
17    Procedure  against  the court or any public agency to enforce
18    that right.  The mandamus action may be  brought  immediately
19    upon the denial of those rights but in no event later than 30
20    days  after the foster parent has been denied the right to be
21    heard.
22        (b)  If after an adjudication that a minor is  abused  or
23    neglected  as  provided  under Section 2-21 of this Act and a
24    motion has been made to restore  the  minor  to  any  parent,
25    guardian,  or  legal  custodian  found  by  the court to have
26    caused the neglect or to have  inflicted  the  abuse  on  the
27    minor,  a foster parent may file a motion to intervene in the
28    proceeding for the sole purpose of requesting that the  minor
29    be  placed  with  the foster parent, provided that the foster
30    parent (i) is the current foster parent of the minor or  (ii)
31    has  previously  been  a  foster parent for the minor for one
32    year or more, has a foster care license or is eligible for  a
33    license,  and  is not the subject of any findings of abuse or
34    neglect of any child.  The  juvenile  court  may  only  enter
                            -8-           SRS92SB1638JJcpam01
 1    orders  placing  a  minor with a specific foster parent under
 2    this subsection (2)(b) and nothing in this Section  shall  be
 3    construed  to  confer  any  jurisdiction  or authority on the
 4    juvenile court  to  issue  any  other  orders  requiring  the
 5    appointed guardian or custodian of a minor to place the minor
 6    in a designated foster home or facility.  This Section is not
 7    intended  to  encompass any matters that are within the scope
 8    or determinable under the administrative and  appeal  process
 9    established by rules of the Department of Children and Family
10    Services  under  Section  5(o)  of  the  Children  and Family
11    Services Act.  Nothing in  this  Section  shall  relieve  the
12    court  of  its  responsibility, under Section 2-14(a) of this
13    Act to act in a just and speedy manner  to  reunify  families
14    where it is the best interests of the minor and the child can
15    be  cared  for at home without endangering the child's health
16    or safety and, if reunification is not in the best  interests
17    of  the  minor, to find another permanent home for the minor.
18    Nothing in this Section, or in any order issued by the  court
19    with  respect  to  the  placement  of  a  minor with a foster
20    parent,  shall  impair  the  ability  of  the  Department  of
21    Children and Family Services, or anyone else authorized under
22    Section 5 of the Abused and Neglected Child Reporting Act, to
23    remove a minor from the  home  of  a  foster  parent  if  the
24    Department  of  Children  and  Family  Services or the person
25    removing  the  minor  has  reason   to   believe   that   the
26    circumstances  or  conditions  of  the  minor  are  such that
27    continuing in the residence or care of the foster parent will
28    jeopardize the  child's  health  and  safety  or  present  an
29    imminent risk of harm to that minor's life.
30        (c)  If  a  foster  parent  has  had the minor who is the
31    subject of the proceeding under Article II in his or her home
32    for more than one year on or after July 3, 1994  and  if  the
33    minor's  placement  is  being  terminated  from  that  foster
34    parent's  home,  that  foster  parent shall have standing and
                            -9-           SRS92SB1638JJcpam01
 1    intervenor status except in  those  circumstances  where  the
 2    Department  of  Children  and  Family Services or anyone else
 3    authorized under Section 5 of the Abused and Neglected  Child
 4    Reporting  Act  has  removed the minor from the foster parent
 5    because of a reasonable  belief  that  the  circumstances  or
 6    conditions  of  the  minor  are  such  that continuing in the
 7    residence or care of the foster parent  will  jeopardize  the
 8    child's health or safety or presents an imminent risk of harm
 9    to the minor's life.
10        (d)  The court may grant standing to any foster parent if
11    the  court finds that it is in the best interest of the child
12    for the foster parent to have standing and intervenor status.
13        (3)  Parties  respondent  are  entitled  to   notice   in
14    compliance  with  Sections 2-15 and 2-16, 3-17 and 3-18, 4-14
15    and 4-15 or 5-525 and 5-530, as  appropriate.  At  the  first
16    appearance  before  the  court  by  the  minor,  his parents,
17    guardian, custodian or responsible relative, the court  shall
18    explain  the nature of the proceedings and inform the parties
19    of their rights under the first 2 paragraphs of this Section.
20        If the child  is  alleged  to  be  abused,  neglected  or
21    dependent,  the  court shall admonish the parents that if the
22    court declares the child to be a ward of the court and awards
23    custody or guardianship to the  Department  of  Children  and
24    Family   Services,   the  parents  must  cooperate  with  the
25    Department of Children and Family Services, comply  with  the
26    terms  of  the service plans, and correct the conditions that
27    require the child to be in care, or risk termination of their
28    parental rights.
29        Upon an adjudication  of  wardship  of  the  court  under
30    Sections  2-22,  3-23,  4-20 or 5-705, the court shall inform
31    the parties of their right to appeal  therefrom  as  well  as
32    from any other final judgment of the court.
33        When   the  court  finds  that  a  child  is  an  abused,
34    neglected, or dependent minor under Section 2-21,  the  court
                            -10-          SRS92SB1638JJcpam01
 1    shall  admonish  the  parents that the parents must cooperate
 2    with the Department of Children and Family  Services,  comply
 3    with  the  terms  of  the  service  plans,  and  correct  the
 4    conditions  that  require  the  child  to be in care, or risk
 5    termination of their parental rights.
 6        When the court declares a child to be a ward of the court
 7    and awards guardianship to the  Department  of  Children  and
 8    Family  Services under Section 2-22, the court shall admonish
 9    the parents, guardian,  custodian,  or  responsible  relative
10    that  the  parents  must  cooperate  with  the  Department of
11    Children and Family Services, comply with the  terms  of  the
12    service  plans,  and  correct the conditions that require the
13    child to be in care, or risk termination  of  their  parental
14    rights.
15        (4)  No  sanction may be applied against the minor who is
16    the subject of the proceedings by reason of  his  refusal  or
17    failure to testify in the course of any hearing held prior to
18    final adjudication under Section 2-22, 3-23, 4-20 or 5-705.
19        (5)  In  the  discretion  of  the court, the minor may be
20    excluded from any part or parts of  a  dispositional  hearing
21    and,  with  the  consent  of the parent or parents, guardian,
22    counsel or a guardian ad litem, from any part or parts of  an
23    adjudicatory hearing.
24        (6)  The general public except for the news media and the
25    victim shall be excluded from any hearing and, except for the
26    persons  specified  in  this  Section only persons, including
27    representatives of agencies  and  associations,  who  in  the
28    opinion of the court have a direct interest in the case or in
29    the  work  of  the  court  shall  be admitted to the hearing.
30    However, the court may, for the minor's safety and protection
31    and for good cause  shown,  prohibit  any  person  or  agency
32    present   in   court  from  further  disclosing  the  minor's
33    identity. Nothing in this subsection (6) prevents  the  court
34    from   allowing   other    juveniles  to  be  present  or  to
                            -11-          SRS92SB1638JJcpam01
 1    participate in a court session being held  under the Juvenile
 2    Drug Court Treatment Act.
 3        (7)  A party shall not be entitled to exercise the  right
 4    to  a substitution of a judge without cause under subdivision
 5    (a)(2) of Section 2-1001 of the Code of Civil Procedure in  a
 6    proceeding  under this Act if the judge is currently assigned
 7    to a proceeding involving  the  alleged  abuse,  neglect,  or
 8    dependency  of  the  minor's sibling or half sibling and that
 9    judge  has  made  a  substantive  ruling  in  the  proceeding
10    involving the minor's sibling or half sibling.
11    (Source: P.A. 90-27, eff. 1-1-98; 90-28, eff. 1-1-98; 90-590,
12    eff. 1-1-99; 90-608, eff. 6-30-98; 91-357, eff. 7-29-99.)".

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