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Public Act 102-1041 | ||||
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Drug Court Treatment Act is amended by | ||||
changing Sections 5, 10, 15, 20, 25, 30, 35, 40, 45, and 50 as | ||||
follows:
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(730 ILCS 166/5)
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Sec. 5. Purposes. The General Assembly recognizes that | ||||
individuals struggling with substance use disorders may come | ||||
into contact with the criminal justice system and be charged | ||||
with felony or misdemeanor offenses. The General Assembly also | ||||
recognizes that substance use disorders and mental illness | ||||
co-occur in a substantial percentage of criminal defendants | ||||
the use and
abuse of drugs has a dramatic effect on the | ||||
criminal justice system in the
State
of Illinois . There is a | ||||
critical need for the a criminal justice system to recognize | ||||
individuals struggling with these issues, provide alternatives | ||||
to incarceration to address substance use disorders when | ||||
possible, and provide appropriate access to treatment and | ||||
support to such individuals program
that
will reduce the | ||||
incidence of drug use, drug addiction, and crimes committed as
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a
result of drug use and drug addiction . It is the intent of | ||||
the General Assembly
to create specialized drug courts , in |
accordance with evidence-based practices and the Illinois | ||
Supreme Court Problem-Solving Court Standards for addressing | ||
substance use and co-occurring disorders, with the necessary | ||
flexibility to meet the needs for an array of services and | ||
supports among participants in certified drug court programs | ||
the
drug problems in the State of Illinois.
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(Source: P.A. 92-58, eff. 1-1-02.)
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(730 ILCS 166/10)
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Sec. 10. Definitions. As used in this Act:
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"Certification" means the process by which a | ||
problem-solving court obtains approval from the Supreme Court | ||
to operate in accordance with the Problem-Solving Court | ||
Standards. | ||
"Clinical treatment plan" means an evidence-based, | ||
comprehensive, and individualized plan that: (i) is developed | ||
by a qualified professional in accordance with the Department | ||
of Human Services substance use prevention and recovery rules | ||
under 77 Ill. Adm. Code 2060 or an equivalent standard in any | ||
state where treatment may take place; and (ii) defines the | ||
scope of treatment services to be delivered by a court | ||
treatment provider. | ||
"Combination drug court program" means a type of | ||
problem-solving court that allows an individual to enter a | ||
problem-solving court before a plea, conviction, or | ||
disposition while also permitting an individual who has |
admitted guilt, or been found guilty, to enter a | ||
problem-solving court as a part of the individual's sentence | ||
or disposition. | ||
"Community behavioral health center" means a physical site | ||
where behavioral healthcare services are provided in | ||
accordance with the Community Behavioral Health Center | ||
Infrastructure Act. | ||
"Community mental health center" means an entity: | ||
(1) licensed by the Department of Public Health as a | ||
community mental health center in accordance with the | ||
conditions of participation for community mental health | ||
centers established by the Centers for Medicare and | ||
Medicaid Services; and | ||
(2) that provides outpatient services, including | ||
specialized outpatient services, for individuals who are | ||
chronically mental ill. | ||
"Co-occurring mental health and substance use disorders | ||
court program" means a program that includes an individual | ||
with co-occurring mental illness and substance use disorder | ||
diagnoses and professionals with training and experience in | ||
treating individuals with diagnoses of substance use disorder | ||
and mental illness. | ||
"Drug court", "drug court program", "court", or "program" | ||
means a specially designated court, court calendar, or docket | ||
facilitating intensive therapeutic treatment to monitor and | ||
assist participants with substance use disorders in making |
positive lifestyle changes and reducing the rate of | ||
recidivism. Drug court programs are nonadversarial in nature | ||
and bring together substance use disorder professionals, local | ||
social programs, and monitoring in accordance with the | ||
nationally recommended 10 key components of drug courts and | ||
the Problem-Solving Court Standards. Common features of a drug | ||
court program include, but are not limited to, a designated | ||
judge and staff; specialized intake and screening procedures; | ||
coordinated treatment procedures administered by a trained, | ||
multidisciplinary professional team; close evaluation of | ||
participants, including continued assessments and modification | ||
of the court requirements and use of sanctions, incentives, | ||
and therapeutic adjustments to address behavior; frequent | ||
judicial interaction with participants; less formal court | ||
process and procedures; voluntary participation; and a low | ||
treatment staff-to-client ratio. an immediate and
highly
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structured judicial intervention process for substance abuse | ||
treatment of
eligible defendants that brings together | ||
substance abuse professionals, local
social programs, and | ||
intensive judicial monitoring in accordance with the
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nationally recommended 10 key components of drug courts.
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"Drug court professional" means a member of the drug court | ||
team, including but not limited to
a judge, prosecutor, | ||
defense attorney,
probation officer, coordinator, or treatment | ||
provider , or peer recovery coach .
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"Peer recovery coach" means a mentor assigned to a |
defendant during participation in a drug treatment court | ||
program who has been trained by the court, a service provider | ||
used by the court for substance use disorder or mental health | ||
treatment, a local service provider with an established peer | ||
recovery coach or mentor program not otherwise used by the | ||
court for treatment, or a Certified Recovery Support | ||
Specialist certified by the Illinois Certification Board. | ||
"Peer recovery coach" includes individuals with lived | ||
experiences of the issues the problem-solving court seeks to | ||
address, including, but not limited to, substance use | ||
disorder, mental illness, and co-occurring disorders or | ||
involvement with the criminal justice system. "Peer recovery | ||
coach" includes individuals required to guide and mentor the | ||
participant to successfully complete assigned requirements and | ||
to facilitate participants' independence for continued success | ||
once the supports of the court are no longer available to them. | ||
"Post-adjudicatory drug court program" means a program | ||
that allows an individual who has admitted
guilt
or has been | ||
found guilty, with the defendant's consent, and the approval | ||
of the court, to enter a
drug
court program as part of the | ||
defendant's sentence or disposition. | ||
"Pre-adjudicatory drug court program" means a program that | ||
allows
the defendant,
with the defendant's consent and the | ||
approval of the court, to enter the drug court program before | ||
plea, conviction, or disposition and requires successful
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completion of the drug court program as part of the agreement. |
"Problem-Solving Court Standards" means the statewide | ||
standards adopted by the Supreme Court that set forth the | ||
minimum requirements for the planning, establishment, | ||
certification, operation, and evaluation of all | ||
problem-solving courts in this State. | ||
"Validated clinical assessment" means a validated | ||
assessment tool administered by a qualified clinician to | ||
determine the treatment needs of participants. "Validated | ||
clinical assessment" includes assessment tools required by | ||
public or private insurance. | ||
"Pre-adjudicatory drug court program" means a program that | ||
allows
the defendant,
with the consent of the prosecution, to | ||
expedite the defendant's criminal case
before conviction or | ||
before filing of a criminal case and requires successful
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completion of the drug court program as part of the agreement.
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"Post-adjudicatory drug court program" means a program in | ||
which the
defendant has admitted
guilt
or has been found | ||
guilty and agrees, along with the prosecution, to enter a
drug
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court program as part of the defendant's sentence.
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"Combination drug court program" means a drug court | ||
program that includes a
pre-adjudicatory drug court program | ||
and a post-adjudicatory drug court program.
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(Source: P.A. 97-946, eff. 8-13-12.)
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(730 ILCS 166/15)
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Sec. 15. Authorization. |
(a) The Chief Judge of each judicial circuit may must
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establish a
drug
court program in compliance with the | ||
Problem-Solving Court Standards. At the discretion of the | ||
Chief Judge, the drug court program may be operated in one or | ||
more counties of the circuit and allow defendants from all | ||
counties within the circuit to participate. Drug court | ||
programs must be certified by the Illinois Supreme Court | ||
including the format under which it operates under
this Act .
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(b) Whenever the county boards of 2 or more counties | ||
within the same judicial circuit shall determine that a single | ||
drug court program would best serve those counties, the county | ||
board of each such county may shall adopt a resolution to the | ||
effect that there shall be a single drug court program serving | ||
those counties, and shall provide a copy of the resolution to | ||
the Chief Judge of the judicial circuit. Upon receipt of such a | ||
resolution, those resolutions, the Chief Judge may shall | ||
establish or, in the case of an existing drug court program, | ||
reorganize re-organize a single drug court program to serve | ||
those counties. | ||
(c) (Blank). Upon petition of the county board by the | ||
State's Attorney, the court may, for good cause shown of | ||
financial hardship or lack of necessary resources, enter an | ||
order delaying the implementation of the requirements of | ||
subsection (a) of this Section for an individual county, for a | ||
period not to exceed 2 years. | ||
(Source: P.A. 96-776, eff. 1-1-10.)
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(730 ILCS 166/20)
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Sec. 20. Eligibility.
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(a) A defendant may be admitted into a drug court program | ||
only upon the consent
agreement of the defendant and with the | ||
approval of the
court. A defendant agrees to be admitted when a | ||
written consent to participate is provided to the court in | ||
open court and the defendant acknowledges understanding its | ||
contents. | ||
(a-5) Each drug court shall have a target population | ||
defined in its written policies and procedures. The policies | ||
and procedures shall define that court's eligibility and | ||
exclusionary criteria.
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(b) A defendant shall be excluded from a drug court | ||
program if any of one of
the following applies apply :
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(1) The crime is a crime of violence as set forth in | ||
paragraph clause (4) of this
subsection (b).
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(2) The defendant denies his or her use of or | ||
addiction to drugs.
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(3) The defendant does not demonstrate a willingness | ||
to participate in
a treatment program.
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(4) The defendant has been convicted of a crime of | ||
violence within the
past 5
10 years excluding | ||
incarceration time , parole, and periods of mandatory | ||
supervised release . As used in this paragraph Section , | ||
"crime of violence" means: first
degree murder, second |
degree murder, predatory criminal sexual assault of a
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child, aggravated criminal sexual assault, criminal sexual | ||
assault, armed
robbery, aggravated arson, arson, | ||
aggravated kidnaping, kidnapping kidnaping , aggravated
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battery resulting in great bodily harm or permanent | ||
disability, aggravated domestic battery resulting in great | ||
bodily harm or permanent disability, aggravated criminal | ||
sexual abuse by a person in a position of trust or | ||
authority over a child, stalking,
aggravated stalking, | ||
home invasion, aggravated vehicular hijacking, or any | ||
offense
involving the discharge of a firearm.
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(5) The defendant is charged with a violation of | ||
subparagraph (F) of paragraph (1) of subsection (d) of | ||
Section 11-501 of the Illinois Vehicle Code in which an | ||
individual is charged with aggravated driving under the | ||
influence that resulted in the death of another person or | ||
when the violation was a proximate cause of the death, | ||
unless, pursuant to subparagraph (G) of paragraph (1) of | ||
subsection (d) of Section 11-501 of the Illinois Vehicle | ||
Code, the court determines that extraordinary | ||
circumstances exist and require probation. | ||
(c) Notwithstanding subsection (a), the defendant may be | ||
admitted into a drug court program only upon the agreement of | ||
the prosecutor if the defendant is charged with a Class 2 or | ||
greater felony violation of : | ||
(1) Section 401, 401.1, 405, or 405.2 of the Illinois |
Controlled Substances Act; | ||
(2) Section 5, 5.1, or 5.2 of the Cannabis Control | ||
Act; or | ||
(3) Section 15, 20, 25, 30, 35, 40, 45, 50, 55, 56, or | ||
65 of the Methamphetamine Control and Community Protection | ||
Act. | ||
the defendant is charged with a Class 2 or greater felony | ||
violation of: | ||
(A) Section 401, 401.1, 405, or 405.2 of the | ||
Illinois Controlled Substances Act; | ||
(B) Section 5, 5.1, or 5.2 of the Cannabis Control | ||
Act; | ||
(C) Section 15, 20, 25, 30, 35, 40, 45, 50, 55, 56, | ||
or 65 of the Methamphetamine Control and Community | ||
Protection Act; or | ||
(2) the defendant has previously, on 3 or more | ||
occasions, either completed a drug court program, been | ||
discharged from a drug court program, or been terminated | ||
from a drug court program.
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(Source: P.A. 99-480, eff. 9-9-15.)
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(730 ILCS 166/25)
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Sec. 25. Procedure.
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(a) A The court shall order an eligibility screening and | ||
clinical needs an assessment and risk assessment of the
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defendant shall be performed as required by the court's |
policies and procedures prior to the defendant's admission | ||
into a drug court. The clinical needs assessment shall be | ||
conducted in accordance with the Department of Human Services | ||
substance use prevention and recovery rules under 77 Ill. Adm. | ||
Code 2060. The assessment shall include, but is not limited | ||
to, assessments of substance use and mental and behavioral | ||
health needs. The assessment shall be administered by | ||
individuals approved under the Department of Human Services | ||
substance use prevention and recovery rules for professional | ||
staff under 77 Ill. Adm. Code 2060 and used to inform any | ||
clinical treatment plans. Clinical treatment plans shall be | ||
developed in accordance with the Problem-Solving Court | ||
Standards and in part upon the known availability of treatment | ||
resources. | ||
Any risk assessment shall be performed using an assessment | ||
tool approved by the Administrative Office of the Illinois | ||
Courts and as required by the court's policies and procedures. | ||
by an agent designated by the State of Illinois to provide | ||
assessment
services for the Illinois Courts. | ||
An assessment need not be ordered if the
court finds a | ||
valid assessment related to the present charge pending against
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the defendant has been completed within the previous 60 days.
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(b) The judge shall inform the defendant that if the | ||
defendant fails to
meet the conditions of the drug court | ||
program, eligibility to participate in
the
program may be | ||
revoked and the defendant may be sentenced or the prosecution
|
continued as provided in
the
Unified Code of Corrections for | ||
the crime charged.
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(c) The defendant shall execute a written agreement as to | ||
his or her
participation in the program and shall agree to all | ||
of the terms and conditions
of the program, including but not | ||
limited to the possibility of sanctions or
incarceration for | ||
failing to abide or comply with the terms of the program.
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(d) In addition to any conditions authorized under the | ||
Pretrial Services
Act and Section 5-6-3 of the Unified Code of | ||
Corrections, the court may order
the participant to complete | ||
mental health counseling or substance use disorder treatment | ||
in an outpatient or residential treatment program and may | ||
order the participant to comply with physicians' | ||
recommendations regarding medications and all follow-up | ||
treatment for any mental health diagnosis made by the | ||
provider. Substance use disorder treatment programs must be | ||
licensed by the Department of Human Services in accordance | ||
with the Department of Human Services substance use prevention | ||
and recovery rules, or an equivalent standard in any other | ||
state where the treatment may take place, and use | ||
evidence-based treatment. When referring participants to | ||
mental health treatment programs, the court shall prioritize | ||
providers certified as community mental health or behavioral | ||
health centers if possible. The court shall consider the least | ||
restrictive treatment option when ordering mental health or | ||
substance use disorder treatment for participants and the |
results of clinical and risk assessments in accordance with | ||
the Problem-Solving Court Standards. defendant to complete | ||
substance abuse treatment in an outpatient,
inpatient,
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residential, or jail-based custodial treatment program. Any | ||
period of time a
defendant shall serve in a jail-based | ||
treatment program may not be reduced by
the accumulation of | ||
good time or other credits and may be for a period of up to
120 | ||
days.
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(e) The drug court program shall include a regimen of | ||
graduated
requirements , including and rewards and sanctions, | ||
including but not limited to: fines,
fees, costs, restitution, | ||
incarceration of up to 180 days, individual and group
therapy, | ||
substance drug
analysis testing, close monitoring by the | ||
court , restitution, at a minimum of once every 30
days
and | ||
supervision of progress, educational or vocational counseling | ||
as
appropriate, and other
requirements necessary to fulfill | ||
the drug court program. Program phases, therapeutic | ||
adjustments, incentives, and sanctions, including the use of | ||
jail sanctions, shall be administered in accordance with | ||
evidence-based practices and the Problem-Solving Court | ||
Standards. A participant's failure to pay program fines or | ||
fees shall not prevent the participant from advancing phases | ||
or successfully completing the program. If the participant | ||
defendant needs treatment for an opioid use disorder abuse or | ||
dependence, the court may not prohibit the participant | ||
defendant from participating in and
receiving |
medication-assisted medication assisted treatment under the | ||
care of
a physician licensed in this State to practice | ||
medicine in all
of its branches. Drug court participants may | ||
not be required to refrain from using medication-assisted | ||
medication assisted treatment as a term or condition of | ||
successful completion of the drug court program.
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(f) Recognizing that individuals struggling with mental | ||
health, substance use, and related co-occurring disorders have | ||
often experienced trauma, drug court programs may include | ||
specialized service programs specifically designed to address | ||
trauma. These specialized services may be offered to | ||
individuals admitted to the drug court program. Judicial | ||
circuits establishing these specialized programs shall partner | ||
with advocates, survivors, and service providers in the | ||
development of the programs. Trauma-informed services and | ||
programming shall be operated in accordance with | ||
evidence-based best practices as outlined by the Substance | ||
Abuse and Mental Health Service Administration's National | ||
Center for Trauma-Informed Care. | ||
(g) The court may establish a mentorship program that | ||
provides access and support to program participants by peer | ||
recovery coaches. Courts shall be responsible to administer | ||
the mentorship program with the support of mentors and local | ||
mental health and substance use disorder treatment | ||
organizations. | ||
(Source: P.A. 99-554, eff. 1-1-17 .)
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(730 ILCS 166/30)
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Sec. 30. Mental health and substance use disorder | ||
Substance abuse treatment.
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(a) The drug court program shall maintain a network of | ||
substance use disorder abuse
treatment programs representing a | ||
continuum of graduated substance use disorder abuse
treatment | ||
options commensurate with the needs of the participant | ||
defendants .
| ||
(b) Any substance use disorder abuse treatment program to | ||
which participants defendants are referred
must hold a valid | ||
license from the Department of Human Services Division of | ||
Substance Use Prevention and Recovery, use evidence-based | ||
treatment, and deliver all services in accordance with 77 Ill. | ||
Adm. Code 2060, including services available through the | ||
United States Department of Veterans Affairs, the Illinois | ||
Department of Veterans' Affairs, or Veterans Assistance | ||
Commission, or an equivalent standard in any other state where | ||
treatment may take place meet all of the rules and governing | ||
programs in
Parts 2030 and 2060 of Title 77 of the Illinois | ||
Administrative Code .
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(c) The drug court program may, at its discretion, employ | ||
additional
services or
interventions, as it deems necessary on | ||
a case by case basis. | ||
(d) The drug court program may maintain or collaborate | ||
with a network of mental health treatment programs |
representing a continuum of treatment options commensurate | ||
with the needs of the participant and available resources, | ||
including programs with the State and community-based programs | ||
supported and sanctioned by the State. Partnerships with | ||
providers certified as mental health or behavioral health | ||
centers shall be prioritized when possible.
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(Source: P.A. 92-58, eff. 1-1-02.)
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(730 ILCS 166/35)
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Sec. 35. Violation; termination; dismissal from program | ||
discharge .
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(a) If the court finds from the evidence presented, | ||
including, but not limited to, the reports or proffers of | ||
proof from the drug court professionals, that: (1) the | ||
participant is not complying with the requirements of the | ||
treatment program; or (2) the participant has otherwise | ||
violated the terms and conditions of the program, the court | ||
may impose reasonable sanctions under the prior written | ||
agreement of the participant, including, but not limited to, | ||
imprisonment or dismissal of the participant from the program, | ||
and the court may reinstate criminal proceedings against the | ||
participant or proceed under Section 5-6-4 of the Unified Code | ||
of Corrections for a violation of probation, conditional | ||
discharge, or supervision hearing. If the court finds from the | ||
evidence presented including but not limited
to the reports or
| ||
proffers of proof from the drug court professionals that: |
(1) the defendant is not performing
satisfactorily
in | ||
the assigned program;
| ||
(2) the defendant is not benefitting from education,
| ||
treatment, or rehabilitation;
| ||
(3) the defendant has engaged in criminal
conduct
| ||
rendering him or her unsuitable for the program; or
| ||
(4) the defendant has
otherwise
violated the terms and | ||
conditions of the program or his or her sentence or is
for | ||
any reason unable to participate;
| ||
the court may impose reasonable sanctions
under prior written | ||
agreement of the defendant, including but not limited to
| ||
imprisonment or dismissal of the defendant from the program | ||
and the court may
reinstate
criminal proceedings against him | ||
or her or proceed under Section 5-6-4 of the
Unified Code of | ||
Corrections for a violation of probation,
conditional | ||
discharge,
or supervision hearing. | ||
(a-5) Based on the evidence presented, the court shall | ||
determine whether the participant has violated the conditions | ||
of the program and whether the participant should be dismissed | ||
from the program or whether, pursuant to the court's policies | ||
and procedures, some other alternative may be appropriate in | ||
the interests of the participant and the public. | ||
(a-10) A participant defendant who is assigned to a | ||
substance use disorder abuse treatment program under this Act | ||
for an opioid use disorder abuse or dependence is not in | ||
violation of the terms or conditions of the program on the |
basis of his or her participation in medication-assisted | ||
medication assisted treatment under the care of a physician | ||
licensed in this State to practice medicine in all of its | ||
branches.
| ||
(a-15) A participant may voluntarily withdraw from the | ||
drug court program in accordance with the drug court program's | ||
policies and procedures. Prior to allowing the participant to | ||
withdraw, the judge shall: | ||
(1) ensure that the participant has the right to | ||
consult with counsel prior to withdrawal; | ||
(2) determine in open court that the withdrawal is | ||
made voluntarily and knowingly; and | ||
(3) admonish the participant in open court as to the | ||
consequences, actual or potential, which can result from | ||
withdrawal. | ||
Upon withdrawal, the criminal proceedings may be | ||
reinstated against the participant or proceedings may be | ||
initiated under Section 5-6-4 of the Unified Code of | ||
Corrections for a violation of probation, conditional | ||
discharge, or supervision hearing. | ||
(a-20) No participant may be dismissed from the program | ||
unless, prior to dismissal, the participant is informed in | ||
writing: | ||
(1) of the reason or reasons for the dismissal; | ||
(2) the evidentiary basis supporting the reason or | ||
reasons for the dismissal; and |
(3) that the participant has a right to a hearing at | ||
which the participant may present evidence supporting the | ||
participant's continuation in the program. | ||
(a-25) A participant who has not violated the conditions | ||
of the program in such a way as to warrant unsuccessful | ||
dismissal, but who is unable to complete program requirements | ||
to qualify for a successful discharge, may be terminated from | ||
the program as a neutral discharge. | ||
(b) Upon successful completion of the terms and conditions | ||
of the program,
the
court may dismiss the original charges | ||
against the participant defendant or successfully
terminate | ||
the participant's defendant's sentence or otherwise discharge | ||
the participant him or her from any
further proceedings | ||
against the participant him or her in the original | ||
prosecution.
| ||
(c) Upon successful completion of the terms and conditions | ||
of the program, any State's Attorney in the county of | ||
conviction, participant, or defense attorney may move to | ||
vacate any convictions that are eligible for sealing under the | ||
Criminal Identification Act. A participant may immediately | ||
file a petition to expunge vacated convictions and the | ||
associated underlying records per the Criminal Identification | ||
Act. If the State's Attorney moves to vacate a conviction, the | ||
State's Attorney may not object to expungement of that | ||
conviction or the underlying record. | ||
(d) The drug court program may maintain or collaborate |
with a network of legal aid organizations that specialize in | ||
conviction relief to support participants navigating the | ||
expungement and sealing process. | ||
(Source: P.A. 99-554, eff. 1-1-17 .)
| ||
(730 ILCS 166/40) | ||
Sec. 40. Education seminars for judges. A judge assigned | ||
to preside over a drug treatment court shall have experience, | ||
training, and continuing education in topics including, but | ||
not limited to: | ||
(1) criminal law; | ||
(2) behavioral health; | ||
(3) confidentiality; | ||
(4) ethics; | ||
(5) evidence-based practices; | ||
(6) substance use disorders; | ||
(7) mental illness; | ||
(8) co-occurring disorders; and | ||
(9) presiding over various types of problem-solving | ||
courts. The Administrative Office of the Illinois Courts shall | ||
conduct education seminars for judges throughout the State on | ||
how to operate drug court programs with a specific emphasis on | ||
cases involving the illegal possession of methamphetamine.
| ||
(Source: P.A. 94-552, eff. 8-12-05.) | ||
(730 ILCS 166/45) |
Sec. 45. Education seminars for drug court prosecutors. | ||
Subject to appropriation, the Office of the State's Attorneys | ||
Appellate Prosecutor shall conduct mandatory education | ||
seminars on the subjects of substance abuse and addiction for | ||
all drug court prosecutors throughout the State to ensure that | ||
the problem-solving court maintains fidelity to the | ||
problem-solving court model. Topics include, but are not | ||
limited to, evidence-based screening, assessment and treatment | ||
practices, target population, substance use disorders, mental | ||
illness, disability, co-occurring disorders, trauma, | ||
confidentiality, criminogenic risks and needs, incentives and | ||
sanctions, court processes, limited English proficiency, and | ||
team dynamics .
| ||
(Source: P.A. 99-480, eff. 9-9-15.) | ||
(730 ILCS 166/50) | ||
Sec. 50. Education seminars for drug court public | ||
defenders. Subject to appropriation, the Office of the State | ||
Appellate Defender shall conduct mandatory education seminars | ||
on the subjects of substance abuse and addiction for all drug | ||
court public defenders and assistant public defenders | ||
practicing in drug courts throughout the State to ensure that | ||
the problem-solving court maintains fidelity to the | ||
problem-solving court model. Topics include, but are not | ||
limited to, evidence-based screening, assessment and treatment | ||
practices, target population, substance use disorders, mental |
illness, disability, co-occurring disorders, trauma, | ||
confidentiality, criminogenic risks and needs, incentives and | ||
sanctions, court processes, limited English proficiency, and | ||
team dynamics .
| ||
(Source: P.A. 99-480, eff. 9-9-15.) | ||
Section 10. The Veterans and Servicemembers Court
| ||
Treatment Act is amended by changing Sections 5, 10, 15, 20, | ||
25, 30, and 35 and by adding Sections 40, 45, and 50 as | ||
follows: | ||
(730 ILCS 167/5)
| ||
Sec. 5. Purposes. The General Assembly recognizes that | ||
veterans and active servicemembers, including , Reserve
and | ||
National Guard servicemembers , have provided or are currently | ||
providing an invaluable
service to our country. Some veterans | ||
and active duty servicemembers In so doing, some may suffer | ||
from the effects of their service , including , but not limited | ||
to, post-traumatic
post traumatic stress disorder, traumatic | ||
brain injury, depression and may also suffer drug and
alcohol | ||
dependency or addiction and co-occurring mental illness and | ||
substance use disorder abuse problems.
As a result of this , | ||
some veterans or active duty servicemembers come into contact | ||
with the
criminal justice system and are charged with felony | ||
or misdemeanor offenses. There is a critical
need for the | ||
criminal justice system to recognize these veterans, provide |
accountability for their
wrongdoing, provide for the safety of | ||
the public , and provide for the treatment of such our | ||
veterans. It
is the intent of the General Assembly to create | ||
specialized veteran and servicemember courts in accordance | ||
with evidence-based practices and Problem-Solving Court | ||
Standards for addressing substance use, mental health, and | ||
co-occurring disorders or
programs with the necessary | ||
flexibility to meet the specialized needs for an array of | ||
services and supports among participants in certified veteran | ||
and servicemember court programs in the State problems faced | ||
by these veteran
and servicemember defendants .
| ||
(Source: P.A. 96-924, eff. 6-14-10.) | ||
(730 ILCS 167/10)
| ||
Sec. 10. Definitions. In this Act: | ||
"Certification" means the process by which a | ||
problem-solving court obtains approval from the Supreme Court | ||
to operate in accordance with the Problem-Solving Court | ||
Standards. | ||
"Clinical treatment plan" means an evidence-based, | ||
comprehensive, and individualized plan that: (i) is developed | ||
by a qualified professional in accordance with the Department | ||
of Human Services substance use prevention and recovery rules | ||
under 77 Ill. Adm. Code 2060 or an equivalent standard in any | ||
state where treatment may take place; and (ii) defines the | ||
scope of treatment services to be delivered by a court |
treatment provider. | ||
"Combination Veterans and Servicemembers court program" | ||
means a type of problem-solving court that allows an | ||
individual to enter a problem-solving court before a plea, | ||
conviction, or disposition while also permitting an individual | ||
who has admitted guilt, or been found guilty, to enter a | ||
problem-solving court as a part of the individual's sentence | ||
or disposition. "Combination Veterans and Servicemembers Court | ||
program" means a court program that
includes a | ||
pre-adjudicatory and a post-adjudicatory Veterans and | ||
Servicemembers court
program.
| ||
"Community behavioral health center" means a physical site | ||
where behavioral healthcare services are provided in | ||
accordance with the Community Behavioral Health Center | ||
Infrastructure Act. | ||
"Community mental health center" means an entity: | ||
(1) licensed by the Department of Public Health as a | ||
community mental health center in accordance with the | ||
conditions of participation for community mental health | ||
centers established by the Centers for Medicare and | ||
Medicaid Services; and | ||
(2) that provides outpatient services, including | ||
specialized outpatient services, for individuals who are | ||
chronically mental ill. | ||
"Co-occurring mental health and substance use disorders | ||
court program" means a program that includes an individual |
with co-occurring mental illness and substance use disorder | ||
diagnoses and professionals with training and experience in | ||
treating individuals with diagnoses of substance use disorder | ||
and mental illness. | ||
"Court" means veterans and servicemembers court Veterans | ||
and Servicemembers Court . | ||
"IDVA" means the Illinois Department of Veterans' Affairs. | ||
"Peer recovery coach" means a volunteer veteran mentor as | ||
defined nationally by Justice for Vets and assigned to a | ||
veteran or servicemember during participation in a veteran | ||
treatment court program who has been approved by the court, | ||
and trained according to curriculum recommended by Justice for | ||
Vets, a service provider used by the court for substance use | ||
disorder or mental health treatment, a local service provider | ||
with an established peer recovery coach or mentor program not | ||
otherwise used by the court for treatment, or a Certified | ||
Recovery Support Specialist certified by the Illinois | ||
Certification Board. "Peer recovery coach" includes | ||
individuals with lived experiences of the issues the | ||
problem-solving court seeks to address, including, but not | ||
limited to, substance use disorder, mental illness, and | ||
co-occurring disorders or involvement with the criminal | ||
justice system. "Peer recovery coach" includes individuals | ||
required to guide and mentor the participant to successfully | ||
complete assigned requirements and to facilitate participants' | ||
independence for continued success once the supports of the |
court are no longer available to them. and certified by the | ||
court to guide and mentor the participant to successfully | ||
complete the assigned requirements. | ||
"Post-adjudicatory veterans and servicemembers court | ||
program Veterans and Servicemembers Court Program " means a | ||
program that allows a defendant who in
which the defendant has | ||
admitted guilt or has been found guilty and agrees, with the | ||
defendant's consent, and the approval of the court, along with | ||
the
prosecution, to enter a veterans and servicemembers court | ||
Veterans and Servicemembers Court program as part of the | ||
defendant's
sentence or disposition .
| ||
"Pre-adjudicatory veterans and servicemembers court | ||
program Veterans and Servicemembers Court Program " means a | ||
program that
allows the defendant , with the defendant's | ||
consent and the approval of the court, to enter the Veterans | ||
and Servicemembers Court program before plea, conviction, or | ||
disposition with the consent of the prosecution, to expedite | ||
the defendant's criminal
case before conviction or before | ||
filing of a criminal case and requires successful completion | ||
of
the Veterans and Servicemembers Court programs as part of | ||
the agreement.
| ||
"Problem-Solving Court Standards" means the statewide | ||
standards adopted by the Supreme Court that set forth the | ||
minimum requirements for the planning, establishment, | ||
certification, operation, and evaluation of all | ||
problem-solving courts in this State. |
"Servicemember" means a person who is currently serving in | ||
the Army, Air Force,
Marines, Navy, or Coast Guard on active | ||
duty, reserve status or in the National Guard.
| ||
"VA" means the United States Department of Veterans' | ||
Affairs. | ||
"VAC" means a veterans assistance commission. | ||
"Validated clinical assessment" means a validated | ||
assessment tool administered by a qualified clinician to | ||
determine the treatment needs of participants. "Validated | ||
clinical assessment" includes assessment tools required by | ||
public or private insurance. | ||
"Veteran" means a person who previously served as an in | ||
the active servicemember military, naval, or air service and | ||
who
was discharged or released therefrom under conditions | ||
other than dishonorable .
| ||
"Veterans and servicemembers court Servicemembers Court | ||
professional" means a member of the veterans and | ||
servicemembers court Veterans and
Servicemembers Court team, | ||
including , but not limited to , a judge, prosecutor, defense
| ||
attorney, probation officer, coordinator, treatment provider , | ||
or peer recovery coach .
| ||
"Veterans and servicemembers court", "veterans and | ||
servicemembers court program", "court", or "program" means a | ||
specially designated court, court calendar, or docket | ||
facilitating intensive therapeutic treatment to monitor and | ||
assist veteran or servicemember participants with substance |
use disorder, mental illness, co-occurring disorders, or other | ||
assessed treatment needs of eligible veteran and servicemember | ||
participants and in making positive lifestyle changes and | ||
reducing the rate of recidivism. Veterans and servicemembers | ||
court programs are nonadversarial in nature and bring | ||
Servicemembers Court" means a court or program with an | ||
immediate and
highly structured judicial intervention process | ||
for substance abuse treatment, mental health, or
other | ||
assessed treatment needs of eligible veteran and servicemember | ||
defendants that brings
together substance use disorder abuse | ||
professionals, mental health professionals, VA professionals, | ||
local
social programs , and intensive judicial monitoring in | ||
accordance with the nationally
recommended 10 key components | ||
of veterans treatment courts and the Problem-Solving Court | ||
Standards. Common features of a veterans and servicemembers | ||
court program include, but are not limited to, a designated | ||
judge and staff; specialized intake and screening procedures; | ||
coordinated treatment procedures administered by a trained, | ||
multidisciplinary professional team; close evaluation of | ||
participants, including continued assessments and modification | ||
of the court requirements and use of sanctions, incentives, | ||
and therapeutic adjustments to address behavior; frequent | ||
judicial interaction with participants; less formal court | ||
process and procedures; voluntary participation; and a low | ||
treatment staff-to-client ratio drug courts .
| ||
(Source: P.A. 99-314, eff. 8-7-15; 99-819, eff. 8-15-16.) |
(730 ILCS 167/15) | ||
Sec. 15. Authorization. | ||
(a) The Chief Judge of each judicial circuit may shall | ||
establish a veterans
Veterans and servicemembers court | ||
Servicemembers Court program in compliance with the | ||
Problem-Solving Court Standards including a format under which | ||
it operates under
this Act . The veterans Veterans and | ||
servicemembers court Servicemembers Court may, at the | ||
discretion of the Chief Judge, be a
separate court or a program | ||
of a problem-solving court, including , but not limited to , a | ||
drug court , or mental health court , or a court for individuals | ||
with either substance use, mental health, or co-occurring | ||
disorders . At the discretion of the Chief
Judge, the Veterans | ||
and Servicemembers Court program may be operated in one or | ||
more counties in the
Circuit, and allow veteran and | ||
servicemember defendants from all counties within the Circuit | ||
to
participate.
| ||
(b) Whenever the county boards of 2 or more counties | ||
within the same judicial circuit determine that a single | ||
veteran and servicemembers court program would best serve | ||
those counties, the county board of each such county may adopt | ||
a resolution to the effect that there shall be a single veteran | ||
and servicemembers court program serving those counties, and | ||
shall provide a copy of the resolution to the Chief Judge of | ||
the judicial circuit. Upon receipt of those resolutions, the |
Chief Judge may establish or, in the case of an existing | ||
veteran and servicemembers court program, reorganize a single | ||
program to serve those counties. | ||
(Source: P.A. 99-807, eff. 1-1-18; 100-88, eff. 1-1-18 .) | ||
(730 ILCS 167/20) | ||
Sec. 20. Eligibility. Veterans and servicemembers | ||
Servicemembers are eligible for veterans Veterans and | ||
servicemembers courts
Servicemembers Courts , provided the | ||
following:
| ||
(a) A defendant, who is eligible for probation based on | ||
the nature of the crime convicted of and in consideration of | ||
his or her criminal background, if any, may be admitted into a | ||
Veterans and Servicemembers Court program
before adjudication | ||
only upon the agreement of the defendant and with the approval | ||
of the Court.
A defendant may be admitted into a veterans | ||
Veterans and servicemembers court Servicemembers Court program | ||
post-adjudication only upon the consent of the defendant and | ||
with the approval of the court. A defendant agrees to be | ||
admitted when a written consent to participate is provided to | ||
the court in open court and the defendant acknowledges | ||
understanding of its contents. | ||
(a-5) Each veterans and servicemembers court shall have a | ||
target population defined in its written policies and | ||
procedures. The policies and procedures shall define that | ||
court's eligibility and exclusionary criteria. |
(b) A defendant shall be excluded from Veterans and | ||
Servicemembers Court program if
any of one of the following | ||
applies:
| ||
(1) The crime is a crime of violence as set forth in | ||
paragraph clause (3) of this subsection (b). | ||
(2) The defendant does not demonstrate a willingness | ||
to participate in a treatment
program.
| ||
(3) The defendant has been convicted of a crime of | ||
violence within the past 5 10
years excluding | ||
incarceration time , parole, and periods of mandatory | ||
supervised release. As used in this paragraph, "crime of | ||
violence" means: , including first degree murder,
second | ||
degree murder, predatory criminal sexual assault of a | ||
child, aggravated criminal
sexual assault, criminal sexual | ||
assault, armed robbery, aggravated arson, arson,
| ||
aggravated kidnapping and kidnapping, aggravated battery | ||
resulting in great bodily harm
or permanent disability, | ||
aggravated domestic battery resulting in great bodily harm | ||
or permanent disability, aggravated criminal sexual abuse | ||
by a person in a position of trust or authority over a | ||
child, stalking, aggravated stalking, home invasion, | ||
aggravated vehicular hijacking, or any offense involving | ||
the
discharge of a firearm. | ||
(4) The defendant is charged with a violation of | ||
subparagraph (F) of paragraph (1) of subsection (d) of | ||
Section 11-501 of the Illinois Vehicle Code in which an |
individual is charged with aggravated driving under the | ||
influence that resulted in the death of another person or | ||
when the violation was a proximate cause of the death, | ||
unless, pursuant to subparagraph (G) of paragraph (1) of | ||
subsection (d) of Section 11-501 of the Illinois Vehicle | ||
Code, the court determines that extraordinary | ||
circumstances exist and require probation. (Blank).
| ||
(5) (Blank). | ||
(6) (Blank). The sentence imposed on the defendant, | ||
whether the result of a plea or a finding of guilt, renders | ||
the defendant ineligible for probation.
| ||
(c) Notwithstanding subsection (a), the defendant may be | ||
admitted into a veterans and servicemembers court program only | ||
upon the agreement of the prosecutor if the defendant is | ||
charged with a Class 2 or
greater felony violation of: | ||
(1) Section 401, 401.1, 405, or 405.2 of the
| ||
Illinois Controlled Substances Act; | ||
(2) Section 5, 5.1, or 5.2 of the Cannabis
Control | ||
Act; or | ||
(3) Section 15, 20, 25, 30, 35, 40, 45, 50, 55,
56, | ||
or 65 of the Methamphetamine Control and Community | ||
Protection Act. | ||
(Source: P.A. 100-426, eff. 1-1-18; 101-652, eff. 7-1-21 .) | ||
(730 ILCS 167/25)
| ||
Sec. 25. Procedure. |
(a) A The Court shall order the defendant to submit to an | ||
eligibility screening and clinical needs and an
assessment and | ||
risk assessment of the defendant shall be performed as | ||
required by the court's policies and procedures prior to the | ||
defendant's admission into a veteran and servicemembers court. | ||
The assessment shall be conducted through the VA, VAC, and/or | ||
the IDVA to provide information on the defendant's veteran
or | ||
servicemember status.
| ||
Any risk assessment shall be performed using an assessment | ||
tool approved by the Administrative Office of the Illinois | ||
Courts and as required by the court's policies and procedures. | ||
(b) A The Court shall order the defendant to submit to an | ||
eligibility screening and mental
health and substance use | ||
disorder drug/alcohol screening and assessment of the | ||
defendant shall be performed by the VA, VAC, or by the IDVA , or | ||
as otherwise outlined and as required by the court's policies | ||
and procedures to
provide assessment services for Illinois | ||
Courts . The assessment shall include , but is not limited to, | ||
assessments of substance use and mental and behavioral health | ||
needs. The clinical needs assessment shall be administered by | ||
a qualified professional of the VA, VAC, or IDVA, or | ||
individuals who meet the Department of Human Services | ||
substance use prevention and recovery rules for professional | ||
staff under 77 Ill. Adm. Code 2060, or an equivalent standard | ||
in any other state where treatment may take place, and used to | ||
inform any clinical treatment plans. Clinical treatment plans |
shall be developed, in accordance with the Problem-Solving | ||
Court Standards and a risks
assessment and be based, in part, | ||
upon the known availability of treatment resources available | ||
to
the veterans Veterans and servicemembers court | ||
Servicemembers Court . The assessment shall also include | ||
recommendations
for treatment of the conditions which are | ||
indicating a need for treatment under the monitoring
of the | ||
Court and be reflective of a level of risk assessed for the | ||
individual seeking admission. An
assessment need not be | ||
ordered if the court Court finds a valid screening or and/or | ||
assessment related to
the present charge pending against the | ||
defendant has been completed within the previous 60
days.
| ||
(c) The judge shall inform the defendant that if the | ||
defendant fails to meet the conditions
of the veterans | ||
Veterans and servicemembers court Servicemembers Court | ||
program, eligibility to participate in the program may
be | ||
revoked and the defendant may be sentenced or the prosecution | ||
continued as provided in the
Unified Code of Corrections for | ||
the crime charged.
| ||
(d) The defendant shall execute a written agreement with | ||
the court Court as to the defendant's his or her
participation | ||
in the program and shall agree to all of the terms and | ||
conditions of the program,
including but not limited to the | ||
possibility of sanctions or incarceration for failing to abide | ||
or
comply with the terms of the program.
| ||
(e) In addition to any conditions authorized under the |
Pretrial Services Act and Section 5-6-3 of the Unified Code of | ||
Corrections, the court Court may order the participant to | ||
complete mental health counseling or substance use disorder | ||
treatment in an outpatient or residential treatment program | ||
and may order the participant to comply with physicians' | ||
recommendations regarding medications and all follow-up | ||
treatment for any mental health diagnosis made by the | ||
provider. Substance use disorder treatment programs must be | ||
licensed by the Department of Human Services in accordance | ||
with the Department of Human Services substance use prevention | ||
and recovery rules, or an equivalent standard in any other | ||
state where the treatment may take place, and use | ||
evidence-based treatment. When referring participants to | ||
mental health treatment programs, the court shall prioritize | ||
providers certified as community mental health or behavioral | ||
health centers if possible. The court shall consider the least | ||
restrictive treatment option when ordering mental health or | ||
substance use disorder treatment for participants and the | ||
results of clinical and risk assessments in accordance with | ||
the Problem-Solving Court Standards. defendant to complete | ||
substance
abuse treatment in an outpatient, inpatient, | ||
residential, or jail-based custodial treatment program,
order | ||
the defendant to complete mental health counseling in an | ||
inpatient or outpatient basis,
comply with physicians' | ||
recommendation regarding medications and all follow up | ||
treatment.
This treatment may include but is not limited to |
post-traumatic stress disorder, traumatic brain
injury and | ||
depression. | ||
(e-5) The veterans and servicemembers court shall include | ||
a regimen of graduated requirements, including individual and | ||
group therapy, substance analysis testing, close monitoring by | ||
the court, supervision of progress, restitution, educational | ||
or vocational counseling as appropriate, and other | ||
requirements necessary to fulfill the veterans and | ||
servicemembers court program. Program phases, therapeutic | ||
adjustments, incentives, and sanctions, including the use of | ||
jail sanctions, shall be administered in accordance with | ||
evidence-based practices and the Problem-Solving Court | ||
Standards. If the participant needs treatment for an opioid | ||
use disorder or dependence, the court may not prohibit the | ||
participant from receiving medication-assisted treatment under | ||
the care of a physician licensed in this State to practice | ||
medicine in all of its branches. Veterans and servicemembers | ||
court participants may not be required to refrain from using | ||
medication-assisted treatment as a term or condition of | ||
successful completion of the veteran and servicemembers court | ||
program. | ||
(e-10) Recognizing that individuals struggling with mental | ||
health, substance use, and related co-occurring disorders have | ||
often experienced trauma, veterans and servicemembers court | ||
programs may include specialized service programs specifically | ||
designed to address trauma. These specialized services may be |
offered to individuals admitted to the veterans and | ||
servicemembers court program. Judicial circuits establishing | ||
these specialized programs shall partner with advocates, | ||
survivors, and service providers in the development of the | ||
programs. Trauma-informed services and programming shall be | ||
operated in accordance with evidence-based best practices as | ||
outlined by the Substance Abuse and Mental Health Service | ||
Administration's National Center for Trauma-Informed Care | ||
(SAMHSA).
| ||
(f) The Court may establish a mentorship program that | ||
provides access and support to program participants by peer | ||
recovery coaches. Courts shall be responsible to administer | ||
the mentorship program with the support of volunteer veterans | ||
and local veteran service organizations, including a VAC. Peer | ||
recovery coaches shall be trained and certified by the Court | ||
prior to being assigned to participants in the program. | ||
(Source: P.A. 99-314, eff. 8-7-15; 99-819, eff. 8-15-16.) | ||
(730 ILCS 167/30)
| ||
Sec. 30. Mental health and substance use disorder abuse | ||
treatment. | ||
(a) The veterans Veterans and servicemembers court | ||
Servicemembers Court program may maintain a network of
| ||
substance use disorder abuse treatment programs representing a | ||
continuum of graduated substance use disorder abuse
treatment | ||
options commensurate with the needs of participants |
defendants ; these shall include programs with
the VA, IDVA, a | ||
VAC, the State , of Illinois and community-based programs | ||
supported and sanctioned by
either or both.
| ||
(b) Any substance use disorder abuse treatment program to | ||
which participants defendants are referred must hold a valid | ||
license from the Department of Human Services Division of | ||
Substance Use Prevention and Recovery, use evidence-based | ||
treatment, and deliver all services in accordance with 77 Ill. | ||
Adm. code 2060, including services available through the VA, | ||
IDVA or VAC, or an equivalent standard in any other state where | ||
treatment may take place meet
all of the rules and governing | ||
programs in Parts 2030 and 2060 of Title 77 of the Illinois
| ||
Administrative Code .
| ||
(c) The veterans Veterans and servicemembers court | ||
Servicemembers Court program may, in its discretion, employ
| ||
additional services or interventions, as it deems necessary on | ||
a case by case basis.
| ||
(d) The veterans Veterans and servicemembers court | ||
Servicemembers Court program may maintain or collaborate with | ||
a
network of mental health treatment programs and, if it is a | ||
co-occurring mental health and
substance use disorders abuse | ||
court program, a network of substance use disorder abuse | ||
treatment programs representing a
continuum of treatment | ||
options commensurate with the needs of the participant | ||
defendant and available
resources including programs with the | ||
VA, the IDVA, a VAC, and the State of Illinois. When not using |
mental health treatment or services available through the VA, | ||
IDVA, or VAC, partnerships with providers certified as | ||
community mental health or behavioral health centers shall be | ||
prioritized, as possible.
| ||
(Source: P.A. 99-819, eff. 8-15-16.) | ||
(730 ILCS 167/35)
| ||
Sec. 35. Violation; termination; dismissal from the | ||
program discharge . | ||
(a) If the court finds from the evidence presented, | ||
including, but not limited to, the reports or proffers of | ||
proof from the veterans and servicemembers court | ||
professionals, that: (1) the participant is not complying with | ||
the requirements of the treatment program; or (2) the | ||
participant has otherwise violated the terms and conditions of | ||
the program, the court may impose reasonable sanctions under | ||
the prior written agreement of the participant, including, but | ||
not limited to, imprisonment or dismissal of the participant | ||
from the program and the court may reinstate criminal | ||
proceedings against the participant or proceed under Section | ||
5-6-4 of the Unified Code of Corrections for a violation of | ||
probation, conditional discharge, or supervision hearing. If | ||
the Court finds from the evidence presented including but not | ||
limited to the reports
or proffers of proof from the Veterans | ||
and Servicemembers Court professionals that:
| ||
(1) the defendant is not performing satisfactorily in |
the assigned program; | ||
(2) the defendant is not benefitting from education, | ||
treatment, or rehabilitation; | ||
(3) the defendant has engaged in criminal conduct | ||
rendering him or her
unsuitable for the program; or
| ||
(4) the defendant has otherwise violated the terms and | ||
conditions of the program
or his or her sentence or is for | ||
any reason unable to participate; the Court may impose | ||
reasonable sanctions under prior written agreement of the
| ||
defendant, including but not limited to imprisonment or | ||
dismissal of the defendant from the
program and the Court | ||
may reinstate criminal proceedings against him or her or | ||
proceed under
Section 5-6-4 of the Unified Code of | ||
Corrections for a violation of probation, conditional
| ||
discharge, or supervision hearing. | ||
(a-5) Based on the evidence presented, the court shall | ||
determine whether the participant has violated the conditions | ||
of the program and whether the participant should be dismissed | ||
from the program or whether, pursuant to the court's policies | ||
and procedures, some other alternative may be appropriate in | ||
the interests of the participant and the public. | ||
(a-10) A participant who is assigned to a substance use | ||
disorder treatment program under this Act for an opioid use | ||
disorder is not in violation of the terms or conditions of the | ||
program on the basis of participation in medication-assisted | ||
treatment under the care of a physician licensed in this State |
to practice medicine in all of its branches. | ||
(a-15) A participant may voluntarily withdraw from the | ||
veterans and servicemembers court program in accordance with | ||
the program's policies and procedures. Prior to allowing the | ||
participant to withdraw, the judge shall: | ||
(1) ensure that the participant has the right to | ||
consult with counsel prior to withdrawal; | ||
(2) determine in open court that the withdrawal is | ||
made voluntarily and knowingly; and | ||
(3) admonish the participant in open court as to | ||
the consequences, actual or potential, which can | ||
result from withdrawal. | ||
Upon withdrawal, the criminal proceedings may be | ||
reinstated against the participant or proceedings may be | ||
initiated under Section 5-6-4 of the Unified Code of | ||
Corrections for a violation of probation, conditional | ||
discharge, or supervision hearing. | ||
(a-20) A participant who has not violated the conditions | ||
of the program in such a way as to warrant unsuccessful | ||
dismissal, but who is unable to complete program requirements | ||
to qualify for a successful discharge, may be terminated from | ||
the program as a neutral discharge. | ||
(b) Upon successful completion of the terms and conditions | ||
of the program, the court Court
may dismiss the original | ||
charges against the participant defendant or successfully | ||
terminate the participant's defendant's
sentence or otherwise |
discharge the participant him or her from any further | ||
proceedings against the participant him or her in
the original | ||
prosecution.
| ||
(c) Upon successful completion of the terms and conditions | ||
of the program, any State's Attorney in the county of | ||
conviction, a participant, or defense attorney may move to | ||
vacate any convictions that are eligible for sealing under the | ||
Criminal Identification Act. A participant may immediately | ||
file a petition to expunge vacated convictions and the | ||
associated underlying records per the Criminal Identification | ||
Act. If the State's Attorney moves to vacate a conviction, the | ||
State's Attorney may not object to expungement of that | ||
conviction or the underlying record. | ||
(d) Veterans and servicemembers court programs may | ||
maintain or collaborate with a network of legal aid | ||
organizations that specialize in conviction relief to support | ||
participants navigating the expungement and sealing process. | ||
(Source: P.A. 96-924, eff. 6-14-10.) | ||
(730 ILCS 167/40 new) | ||
Sec. 40. Education for judges. A judge assigned to preside | ||
over a veteran and servicemembers court shall have experience, | ||
training, and continuing education in topics including, but | ||
not limited to: | ||
(1) criminal law; | ||
(2) behavioral health; |
(3) confidently; | ||
(4) ethics; | ||
(5) evidence-based practices; | ||
(6) substance use disorders; | ||
(7) mental illness; | ||
(8) co-occurring disorders; and | ||
(9) presiding over various types of problem-solving | ||
courts. | ||
(730 ILCS 167/45 new) | ||
Sec. 45. Education seminars for veterans and | ||
servicemembers court prosecutors. Subject to appropriation, | ||
the Office of the State's Attorneys Appellate Prosecutor shall | ||
conduct mandatory education seminars for all prosecutors | ||
serving in veterans and servicemembers courts throughout the | ||
State to ensure that the problem-solving court maintains | ||
fidelity to the problem-solving court model. Topics include, | ||
but are not limited to, evidence-based screening, assessment | ||
and treatment practices, target population, substance use | ||
disorders, mental illness, disability, co-occurring disorders, | ||
trauma, confidentiality, criminogenic risks and needs, | ||
incentives and sanctions, court processes, limited English | ||
proficiency, military culture and language, and team dynamics. | ||
(730 ILCS 167/50 new) | ||
Sec. 50. Education seminars for veteran and servicemembers |
court public defenders. Subject to appropriation, the Office | ||
of the State Appellate Defender shall conduct mandatory | ||
education seminars for all public defenders and assistant | ||
public defenders practicing in veterans and servicemembers | ||
courts throughout the State to ensure that the problem-solving | ||
court maintains fidelity to the problem-solving court model. | ||
Topics include, but are not limited to, evidence-based | ||
screening, assessment and training practices, target | ||
population, substance use disorders, mental illness, | ||
disability, co-occurring disorders, trauma, confidentiality, | ||
criminogenic risks and needs, incentives and sanctions, court | ||
processes, limited English proficiency, military culture and | ||
language, and team dynamics. | ||
Section 15. The Mental Health Court Treatment Act is | ||
amended by changing Sections 5, 10, 15, 20, 25, 30, and 35 and | ||
by adding Sections 41, 45, and 50 as follows: | ||
(730 ILCS 168/5)
| ||
Sec. 5. Purposes. The General Assembly recognizes that | ||
individuals with diagnosable mental illness may come into | ||
contact with the criminal justice system and be charged with | ||
felony or misdemeanor offenses a large percentage of criminal | ||
defendants have a diagnosable mental illness and that mental | ||
illnesses have a dramatic effect on the criminal justice | ||
system in the State of Illinois . The General Assembly also |
recognizes that mental illness and substance use disorders | ||
abuse problems co-occur in a substantial percentage of | ||
criminal defendants. There is a critical need for the a | ||
criminal justice system to recognize individuals struggling | ||
with these issues, provide alternatives to incarceration to | ||
address mental illness, and provide appropriate access to | ||
treatment and support to such individuals. program that will | ||
reduce the number of persons with mental illnesses and with | ||
co-occurring mental illness and substance abuse problems in | ||
the criminal justice system, reduce recidivism among persons | ||
with mental illness and with co-occurring mental illness and | ||
substance abuse problems, provide appropriate treatment to | ||
persons with mental illnesses and co-occurring mental illness | ||
and substance abuse problems and reduce the incidence of | ||
crimes committed as a result of mental illnesses or | ||
co-occurring mental illness and substance abuse problems. It | ||
is the intent of the General Assembly to create specialized | ||
mental health courts in accordance with evidence-based | ||
practices and Problem-Solving Court Standards for addressing | ||
substance use and co-occurring disorders with the necessary | ||
flexibility to meet the needs for an array of services and | ||
supports among participants in certified mental health court | ||
programs problems of criminal defendants with mental illnesses | ||
and co-occurring mental illness and substance abuse problems | ||
in the State of Illinois.
| ||
(Source: P.A. 95-606, eff. 6-1-08 .) |
(730 ILCS 168/10)
| ||
Sec. 10. Definitions. As used in this Act: | ||
"Certification" means the process by which a | ||
problem-solving court obtains approval from the Supreme Court | ||
to operate in accordance with the Problem-Solving Court | ||
Standards. | ||
"Clinical treatment plan" means an evidence-based, | ||
comprehensive, and individualized plan that: (i) is developed | ||
by a qualified professional in accordance with Department of | ||
Human Services substance use prevention and recovery rules | ||
under 77 Ill. Adm. Code 2060 or an equivalent standard in any | ||
state where treatment may take place; and (ii) defines the | ||
scope of treatment services to be delivered by a court | ||
treatment provider. | ||
"Combination mental health court program" means a type of | ||
problem-solving court that allows an individual to enter a | ||
problem-solving court before a plea, conviction, or | ||
disposition while also permitting an individual who has | ||
admitted guilt, or been found guilty, to enter a | ||
problem-solving court as a part of the individual's sentence | ||
or disposition. | ||
"Community behavioral health center" means a physical site | ||
where behavioral healthcare services are provided in | ||
accordance with the Community Behavioral Health Center | ||
Infrastructure Act. |
"Community mental health center" means an entity: | ||
(1) licensed by the Department of Public Health as a | ||
community mental health center in accordance with the | ||
conditions of participation for community mental health | ||
centers established by the Centers for Medicare and | ||
Medicaid Services; and | ||
(2) that provides outpatient services, including | ||
specialized outpatient services, for individuals who are | ||
chronically mental ill. | ||
"Co-occurring mental health and substance use disorders | ||
court program" means a program that includes an individual | ||
with co-occurring mental illness and substance use disorder | ||
diagnoses and professionals with training and experience in | ||
treating individuals with diagnoses of substance use disorder | ||
and mental illness. | ||
"Mental health court", "mental health court program", | ||
"court", or "program" means a specially designated court, | ||
court calendar, or docket facilitating intensive therapeutic | ||
treatment to monitor and assist participants with mental | ||
illness in making positive lifestyle changes and reducing the | ||
rate of recidivism. Mental health court programs are | ||
nonadversarial in nature and bring together mental health | ||
professionals and local social programs in accordance with the | ||
Bureau of Justice Assistance and Council of State Governments | ||
Justice Center's Essential Elements of a Mental Health Court | ||
and the Problem-Solving Court Standards. Common features of a |
mental health court program include, but are not limited to, a | ||
designated judge and staff; specialized intake and screening | ||
procedures; coordinated treatment procedures administered by a | ||
trained, multidisciplinary professional team; close evaluation | ||
of participants, including continued assessments and | ||
modification of the court requirements and use of sanctions, | ||
incentives, and therapeutic adjustments to address behavior; | ||
frequent judicial interaction with participants; less formal | ||
court process and procedures; voluntary participation; and a | ||
low treatment staff-to-client ratio. structured judicial | ||
intervention process for mental health treatment of eligible | ||
defendants that brings together mental health professionals, | ||
local social programs, and intensive judicial monitoring. | ||
"Mental health court professional" means a member of the | ||
mental health court team, including
but not limited to a | ||
judge, prosecutor, defense attorney, probation officer, | ||
coordinator, or treatment provider , or peer recovery coach . | ||
"Peer recovery coach" means a mentor assigned to a | ||
defendant during participation in a mental health treatment | ||
court program who has been trained by the court, a service | ||
provider used by the court for substance use disorder or | ||
mental health treatment, a local service provider with an | ||
established peer recovery coach or mentor program not | ||
otherwise used by the court for treatment, or a Certified | ||
Recovery Support Specialist certified by the Illinois | ||
Certification Board. "Peer recovery coach" includes |
individuals with lived experiences of the issues the | ||
problem-solving court seeks to address, including, but not | ||
limited to, substance use disorder, mental illness, and | ||
co-occurring disorders or involvement with the criminal | ||
justice system. "Peer recovery coach" includes individuals | ||
required to guide and mentor the participant to successfully | ||
complete assigned requirements and to facilitate participants' | ||
independence for continued success once the supports of the | ||
court are no longer available to them. | ||
"Post-adjudicatory mental health court program" means a | ||
program that allows an individual who has admitted
guilt
or | ||
has been found guilty, with the defendant's consent, and the | ||
approval of the court, to enter a
mental health
court program | ||
as part of the defendant's sentence or disposition. | ||
"Pre-adjudicatory mental health court program" means a | ||
program that allows
the defendant,
with the defendant's | ||
consent and the approval of the court, to enter the mental | ||
health court program before plea, conviction, or disposition | ||
and requires successful
completion of the mental health court | ||
program as part of the agreement. | ||
"Problem-Solving Court Standards" means the statewide | ||
standards adopted by the Supreme Court that set forth the | ||
minimum requirements for the planning, establishment, | ||
certification, operation, and evaluation of all | ||
problem-solving courts in this State. | ||
"Validated clinical assessment" means a validated |
assessment tool administered by a qualified clinician to | ||
determine the treatment needs of participants. "Validated | ||
clinical assessment" includes assessment tools required by | ||
public or private insurance. | ||
"Pre-adjudicatory mental health court program" means a | ||
program that allows the defendant, with the consent of the | ||
prosecution, to expedite the defendant's criminal case before | ||
conviction or before filing of a criminal case and requires | ||
successful completion of the mental health court program as | ||
part of the agreement. | ||
"Post-adjudicatory mental health court program" means a | ||
program in which the defendant has admitted guilt or has been | ||
found guilty and agrees, along with the prosecution, to enter | ||
a mental health court program as part of the defendant's | ||
sentence. | ||
"Combination mental health court program" means a mental | ||
health court program that
includes a pre-adjudicatory mental | ||
health court program and a post-adjudicatory mental health | ||
court program. | ||
"Co-occurring mental health and substance abuse court | ||
program" means a program that includes persons with | ||
co-occurring mental illness and substance abuse problems. Such | ||
programs
shall include professionals with training and | ||
experience in treating persons with substance abuse problems | ||
and mental illness.
| ||
(Source: P.A. 97-946, eff. 8-13-12.) |
(730 ILCS 168/15)
| ||
Sec. 15. Authorization. | ||
(a) The Chief Judge of each judicial circuit may establish | ||
a mental health court program, in compliance with the | ||
Problem-Solving Court Standards. At the discretion of the | ||
Chief Judge, the mental health court program may be operated | ||
in one or more counties of the circuit and allow defendants | ||
from all counties within the circuit to participate. Mental | ||
health court programs must be certified by the Supreme Court | ||
including the format under which it operates under this Act .
| ||
(b) Whenever the county boards of 2 or more counties | ||
within the same judicial circuit determine that a single | ||
mental health court program would best serve those counties, | ||
the county board of each such county may adopt a resolution to | ||
the effect that there shall be a single mental health court | ||
program serving those counties, and shall provide a copy of | ||
the resolution to the Chief Judge of the judicial circuit. | ||
Upon receipt of such a resolution, the Chief Judge may | ||
establish or, in the case of an existing mental health court | ||
program, reorganize a single mental health court program to | ||
serve these counties. | ||
(Source: P.A. 95-606, eff. 6-1-08 .) | ||
(730 ILCS 168/20) | ||
Sec. 20. Eligibility. |
(a) A defendant , who is eligible for probation based on | ||
the nature of the crime convicted of and in consideration of | ||
his or her criminal background, if any, may be admitted into a | ||
mental health court program only upon the consent agreement of | ||
the defendant and with the approval of the court. A defendant | ||
agrees to be admitted when a written consent to participate is | ||
provided to the court in open court and the defendant | ||
acknowledges understanding its contents. | ||
(a-5) Each mental health court shall have a target | ||
population defined in its written policies and procedures. The | ||
policies and procedures shall define that court's eligibility | ||
and exclusionary criteria. | ||
(b) A defendant shall be excluded from a mental health | ||
court program if any one of the following applies: | ||
(1) The crime is a crime of violence as set forth in | ||
paragraph clause (3) of this subsection (b). | ||
(2) The defendant does not demonstrate a willingness | ||
to participate in a treatment program. | ||
(3) The defendant has been convicted of a crime of | ||
violence within the past 5 10 years excluding | ||
incarceration time , parole, and periods of mandatory | ||
supervised release . As used in this paragraph (3), "crime | ||
of violence" means: first degree murder, second degree | ||
murder, predatory criminal sexual assault of a child, | ||
aggravated criminal sexual assault, criminal sexual | ||
assault, armed robbery, aggravated arson, arson, |
aggravated kidnapping, kidnapping, aggravated battery | ||
resulting in great bodily harm or permanent disability, | ||
aggravated domestic battery resulting in great bodily harm | ||
or permanent disability, aggravated criminal sexual abuse | ||
by a person in a position of trust or authority over a | ||
child, stalking, aggravated stalking, home invasion, | ||
aggravated vehicular hijacking, or any offense involving | ||
the discharge of a firearm. | ||
(4) The defendant is charged with a violation of | ||
subparagraph (F) of paragraph (1) of subsection (d) of | ||
Section 11-501 of the Illinois Vehicle Code in which an | ||
individual is charged with aggravated driving under the | ||
influence that resulted in the death of another person or | ||
when the violation was a proximate cause of the death, | ||
unless, pursuant to subparagraph (G) of paragraph (1) of | ||
subsection (d) of Section 11-501 of the Illinois Vehicle | ||
Code, the court determines that extraordinary | ||
circumstances exist and require probation. (Blank). | ||
(5) (Blank). | ||
(6) (Blank). The sentence imposed on the defendant, | ||
whether the result of a plea or a finding of guilt, renders | ||
the defendant ineligible for probation.
| ||
(c) Notwithstanding subsection (a), the defendant may be | ||
admitted into a mental health court program only upon the | ||
agreement of the prosecutor if the defendant is charged with a | ||
Class 2 or greater felony violation of: |
(1) Section 401, 401.1, 405, or 405.2 of the Illinois | ||
Controlled Substances Act; | ||
(2) Section 5, 5.1, or 5.2 of the Cannabis Control | ||
Act; or | ||
(3) Section 15, 20, 25, 30, 35, 40, 45, 50, 55, 56, or | ||
65 of the Methamphetamine Control and Community Protection | ||
Act. | ||
A defendant charged with prostitution under Section 11-14 | ||
of the Criminal Code of 2012 may be admitted into a mental | ||
health court program, if available in the jurisdiction and | ||
provided that the requirements in subsections (a) and (b) are | ||
satisfied. Mental health court programs may include | ||
specialized service programs specifically designed to address | ||
the trauma associated with prostitution and human trafficking, | ||
and may offer those specialized services to defendants | ||
admitted to the mental health court program. Judicial circuits | ||
establishing these specialized programs shall partner with | ||
prostitution and human trafficking advocates, survivors, and | ||
service providers in the development of the programs. | ||
(Source: P.A. 100-426, eff. 1-1-18; 101-652, eff. 7-1-21 .) | ||
(730 ILCS 168/25)
| ||
Sec. 25. Procedure. | ||
(a) An The court shall require an eligibility screening | ||
and an assessment of the defendant shall be performed as | ||
required by the court's policies and procedures. The |
assessment shall include a validated clinical assessment. The | ||
clinical assessment shall include, but is not limited to, | ||
assessments of substance use and mental and behavioral health | ||
needs. The clinical assessment shall be administered by a | ||
qualified professional and used to inform any clinical | ||
treatment plans. Clinical treatment plans shall be developed, | ||
in part, upon the known availability of treatment resources | ||
available. Assessments for substance use disorder shall be | ||
conducted in accordance with the Department of Human Services | ||
substance use prevention and recovery rules contained in 77 | ||
Ill. Adm. Code 2060 or an equivalent standard in any other | ||
state where treatment may take place, and conducted by | ||
individuals who meet the Department of Human Services | ||
substance use prevention and recovery rules for professional | ||
staff also contained within that Code, or an equivalent | ||
standard in any other state where treatment may take place. | ||
The assessments shall be used to inform any clinical treatment | ||
plans. Clinical treatment plans shall be developed in | ||
accordance with Problem-Solving Court Standards and, in part, | ||
upon the known availability of treatment resources . An | ||
assessment need not be ordered if the court finds a valid | ||
assessment related to the present charge pending against the | ||
defendant has been completed within the previous 60 days. | ||
(b) The judge shall inform the defendant that if the | ||
defendant fails to meet the conditions requirements of the | ||
mental health court program, eligibility to participate in the |
program may be revoked and the defendant may be sentenced or | ||
the prosecution continued , as provided in the Unified Code of | ||
Corrections , for the crime charged. | ||
(c) The defendant shall execute a written agreement as to | ||
his or her participation in the program and shall agree to all | ||
of the terms and conditions of the program, including but not | ||
limited to the possibility of sanctions or incarceration for | ||
failing to abide or comply with the terms of the program. | ||
(d) In addition to any conditions authorized under the | ||
Pretrial Services Act and Section 5-6-3 of the Unified Code of | ||
Corrections, the court may order the participant to complete | ||
mental health counseling or substance use disorder treatment | ||
in an outpatient or residential treatment program and may | ||
order the participant to comply with physicians' | ||
recommendations regarding medications and all follow-up | ||
treatment for any mental health diagnosis made by the | ||
provider. Substance use disorder treatment programs must be | ||
licensed by the Department of Human Services in accordance | ||
with the Department of Human Services substance use prevention | ||
and recovery rules, or an equivalent standard in any other | ||
state where the treatment may take place, and use | ||
evidence-based treatment. When referring participants to | ||
mental health treatment programs, the court shall prioritize | ||
providers certified as community mental health or behavioral | ||
health centers if possible. The court shall consider the least | ||
restrictive treatment option when ordering mental health or |
substance use disorder treatment for participants and the | ||
results of clinical and risk assessments in accordance with | ||
the Problem-Solving Court Standards. defendant to complete | ||
mental health or substance abuse treatment in an outpatient, | ||
inpatient, residential, or jail-based custodial treatment | ||
program. Any period of time a defendant shall serve in a | ||
jail-based treatment program may not be reduced by the | ||
accumulation of good time or other credits and may be for a | ||
period of up to 120 days. | ||
(e) The mental health court program shall may include a | ||
regimen of graduated requirements , including and rewards and | ||
sanctions, including but not limited to: fines, fees, costs, | ||
restitution, incarceration of up to 180 days, individual and | ||
group therapy, medication, substance drug analysis testing, | ||
close monitoring by the court , and supervision of progress, | ||
restitution, educational or vocational counseling as | ||
appropriate , and other requirements necessary to fulfill the | ||
mental health court program. Program phases, therapeutic | ||
adjustments, incentives, and sanctions, including the use of | ||
jail sanctions, shall be administered in accordance with | ||
evidence-based practices and the Problem-Solving Court | ||
Standards. A participant's failure to pay program fines or | ||
fees shall not prevent the participant from advancing phases | ||
or successfully completing the program. If the participant | ||
needs treatment for an opioid use disorder or dependence, the | ||
court may not prohibit the participant from receiving |
medication-assisted treatment under the care of a physician | ||
licensed in this State to practice medicine in all of its | ||
branches. Mental health court participants may not be required | ||
to refrain from using medication-assisted treatment as a term | ||
or condition of successful completion of the mental health | ||
court program.
| ||
(f) The mental health court program may maintain or | ||
collaborate with a network of mental health treatment programs | ||
and, if it is a co-occurring mental health and substance use | ||
disorders court program, a network of substance use disorder | ||
treatment programs representing a continuum of treatment | ||
options commensurate with the needs of the participant and | ||
available resources, including programs of this State. | ||
(g) Recognizing that individuals struggling with mental | ||
health, addiction, and related co-occurring disorders have | ||
often experienced trauma, mental health court programs may | ||
include specialized service programs specifically designed to | ||
address trauma. These specialized services may be offered to | ||
individuals admitted to the mental health court program. | ||
Judicial circuits establishing these specialized programs | ||
shall partner with advocates, survivors, and service providers | ||
in the development of the programs. Trauma-informed services | ||
and programming shall be operated in accordance with | ||
evidence-based best practices as outlined by the Substance | ||
Abuse and Mental Health Service Administration's National | ||
Center for Trauma-Informed Care. |
(h) The court may establish a mentorship program that
| ||
provides access and support to program participants by peer | ||
recovery coaches. Courts shall be responsible to administer | ||
the mentorship program with the support of mentors and local | ||
mental health and substance use disorder treatment | ||
organizations. | ||
(Source: P.A. 95-606, eff. 6-1-08 .) | ||
(730 ILCS 168/30)
| ||
Sec. 30. Mental health and substance use disorder abuse | ||
treatment. | ||
(a) The mental health court program may maintain or | ||
collaborate with a network of mental
health treatment programs | ||
and, if it is a co-occurring mental health and substance use | ||
disorders abuse court program, a network of substance use | ||
disorder abuse treatment programs representing a continuum of | ||
treatment options commensurate with the needs of participants | ||
defendants and available resources. | ||
(b) Any substance use disorder abuse treatment program to | ||
which participants defendants are referred must hold a valid | ||
license from the Department of Human Services Division of | ||
Substance Use Prevention and Recovery, use evidence-based | ||
treatment, and deliver all services in accordance with 77 Ill. | ||
Adm. Code 2060, including services available through the | ||
United States Department of Veterans Affairs, the Illinois | ||
Department of Veterans Affairs, or the Veterans Assistance |
Commission, or an equivalent standard in any other state where | ||
treatment may take place meet all of the rules and governing | ||
programs in Parts 2030 and 2060 of Title 77 of the Illinois | ||
Administrative Code . | ||
(c) The mental health court program may, at its | ||
discretion, employ additional services or interventions, as it | ||
deems necessary on a case by case basis.
| ||
(Source: P.A. 95-606, eff. 6-1-08 .) | ||
(730 ILCS 168/35)
| ||
Sec. 35. Violation; termination; dismissal from program | ||
discharge .
| ||
(a) If the court finds from the evidence presented, | ||
including, but not limited to, the reports or proffers of | ||
proof from the mental health court professionals, that: (1) | ||
the participant is not complying with the requirements of the | ||
treatment program; or (2) the participant has otherwise | ||
violated the terms and conditions of the program, the court | ||
may impose reasonable sanctions under the prior written | ||
agreement of the participant, including, but not limited to, | ||
imprisonment or dismissal of the defendant from the program | ||
and the court may reinstate criminal proceedings against the | ||
participant or proceed under Section 5-6-4 of the Unified Code | ||
of Corrections for a violation of probation, conditional | ||
discharge, or supervision hearing. If the court finds from the | ||
evidence presented, including but not limited to the reports |
or proffers of proof from the mental health court | ||
professionals that: | ||
(1) the defendant is not performing satisfactorily in | ||
the assigned program; | ||
(2) the defendant is not benefiting from education, | ||
treatment, or rehabilitation; | ||
(3) the defendant has engaged in criminal conduct | ||
rendering him or her unsuitable for the program; or | ||
(4) the defendant has otherwise violated the terms and | ||
conditions of the program or his or her sentence or is for | ||
any reason unable to participate;
| ||
the court may impose reasonable sanctions under prior written | ||
agreement of the defendant, including but not limited to | ||
imprisonment or dismissal of the defendant from the program; | ||
and the court may reinstate criminal proceedings against him | ||
or her or proceed under Section 5-6-4 of the Unified Code of | ||
Corrections for a violation of probation, conditional | ||
discharge, or supervision hearing. | ||
(a-5) Based on the evidence presented, the court shall | ||
determine whether the participant has violated the conditions | ||
of the program and whether the participant should be dismissed | ||
from the program or whether, pursuant to the court's policies | ||
and procedures, some other alternative may be appropriate in | ||
the interests of the participant and the public. | ||
(a-10) A participant may voluntarily withdraw from the | ||
mental health court program in accordance with the mental |
health court program's policies and procedures. Prior to | ||
allowing the participant to withdraw, the judge shall: | ||
(1) ensure that the participant has the right to | ||
consult with counsel prior to withdrawal; | ||
(2) determine in open court that the withdrawal is | ||
made voluntarily and knowingly; and | ||
(3) admonish the participant in open court, as to | ||
the consequences, actual or potential, which can | ||
result from withdrawal. | ||
Upon withdrawal, the criminal proceedings may be | ||
reinstated against the participant or proceedings may be | ||
initiated under Section 5-6-4 of the Unified Code of | ||
Corrections for a violation of probation, conditional | ||
discharge, or supervision hearing. | ||
(a-15)
No participant defendant may be dismissed from the | ||
program unless, prior to such dismissal, the participant | ||
defendant is informed in writing: (i) of the reason or reasons | ||
for the dismissal; (ii) the evidentiary basis supporting the | ||
reason or reasons for the dismissal; (iii) that the | ||
participant defendant has a right to a hearing at
which he or | ||
she may present evidence supporting his or her continuation in | ||
the program. Based upon the evidence presented, the court | ||
shall determine whether the defendant has violated the | ||
conditions of the program and whether the defendant should be | ||
dismissed from the program or whether some other alternative | ||
may be appropriate in the interests of the defendant and the |
public. | ||
(a-20) A participant who has not violated the conditions | ||
of the program in such a way as to warrant unsuccessful | ||
dismissal, but who is unable to complete program requirements | ||
to qualify for a successful discharge, may be terminated from | ||
the program as a neutral discharge. | ||
(b) Upon successful completion of the terms and conditions | ||
of the program, the court may dismiss the original charges | ||
against the participant defendant or successfully terminate | ||
the participant's defendant's sentence or otherwise discharge | ||
the participant him or her from the program or from any further | ||
proceedings against the participant him or her in the original | ||
prosecution.
| ||
(c) Upon successful completion of the terms and conditions | ||
of the program, any State's Attorney in the county of | ||
conviction, a participant, or defense attorney may move to | ||
vacate any convictions that are eligible for sealing under the | ||
Criminal Identification Act. A participant may immediately | ||
file a petition to expunge vacated convictions and the | ||
associated underlying records per the Criminal Identification | ||
Act. If the State's Attorney moves to vacate a conviction, the | ||
State's Attorney may not object to expungement of that | ||
conviction or the underlying record. | ||
(d) The mental health court program may maintain or | ||
collaborate with a network of legal aid organizations that | ||
specialize in conviction relief to support participants |
navigating the expungement and sealing process. | ||
(Source: P.A. 95-606, eff. 6-1-08 .) | ||
(730 ILCS 168/41 new) | ||
Sec. 41. Education seminars for judges. A judge assigned | ||
to preside over a mental health court shall have experience, | ||
training, and continuing education in topics including, but | ||
not limited to: | ||
(1) criminal law; | ||
(2) behavioral health; | ||
(3) confidently; | ||
(4) ethics; | ||
(5) evidence-based practices; | ||
(6) substance use disorders; | ||
(7) mental illness; | ||
(8) co-occurring disorders; and | ||
(9) presiding over various types of problem-solving | ||
courts. | ||
(730 ILCS 168/45 new) | ||
Sec. 45. Education seminars for mental health court | ||
prosecutors. Subject to appropriation, the Office of the | ||
State's Attorneys Appellate Prosecutor shall conduct mandatory | ||
education seminars for all prosecutors serving in mental | ||
health courts throughout the State to ensure that the | ||
problem-solving court maintains fidelity to the |
problem-solving court model. Topics include, but are not | ||
limited to, evidence-based screening, assessment and treatment | ||
practices, target population, substance use disorders, mental | ||
illness, disability, co-occurring disorders, trauma, | ||
confidentiality, criminogenic risks and needs, incentives and | ||
sanctions, court processes, limited English proficiency, and | ||
team dynamics. | ||
(730 ILCS 168/50 new) | ||
Sec. 50. Education seminars for mental health court public
| ||
defenders. Subject to appropriation, the Office of the State | ||
Appellate Defender shall conduct mandatory education seminars | ||
for all public defenders and assistant public defenders | ||
practicing in mental health courts throughout the State to | ||
ensure that the problem-solving court maintains fidelity to | ||
the problem-solving court model. Topics include, but are not | ||
limited to, evidence-based screening, assessment and treatment | ||
practices, target population, substance use disorders, mental | ||
illness, disability, co-occurring disorders, trauma, | ||
confidentiality, criminogenic risks and needs, incentives and | ||
sanctions, court
processes, limited English proficiency, and | ||
team dynamics. | ||
(730 ILCS 168/40 rep.) | ||
Section 20. The Mental Health Court Treatment Act is | ||
amended by repealing Section 40.
|
Section 99. Effective date. This Act takes effect upon | ||
becoming law. |