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| Public Act 099-0554 | ||||
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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 25 and 35 as follows:
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(730 ILCS 166/25)
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Sec. 25. Procedure.
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(a) The court shall order an eligibility screening and an | ||||
assessment of the
defendant 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
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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 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 and rewards and sanctions, including | ||
but not limited to: fines,
fees, costs, restitution, | ||
incarceration of up to 180 days, individual and group
therapy, | ||
drug
analysis testing, close monitoring by the court at a | ||
minimum of once every 30
days
and supervision of progress, | ||
educational or vocational counseling as
appropriate, and other
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requirements necessary to fulfill the drug court program. If | ||
the defendant needs treatment for opioid abuse or dependence, | ||
the court may not prohibit the defendant from participating in | ||
and
receiving 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 treatment as a term or | ||
condition of successful completion of the drug court program.
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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; 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:
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(1) the defendant is not performing
satisfactorily
in | ||
the assigned program;
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(2) the defendant is not benefitting from education,
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treatment, or rehabilitation;
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(3) the defendant has engaged in criminal
conduct
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rendering him or her unsuitable for the program; or
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(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;
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the court may impose reasonable sanctions
under prior written | ||
agreement of the defendant, including but not limited to
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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) A defendant who is assigned to a substance abuse | ||
treatment program under this Act for opioid 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 | ||
treatment under the care of a physician licensed in this State | ||
to practice medicine in all of its branches.
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(b) Upon successful completion of the terms and conditions | ||
of the program,
the
court may dismiss the original charges | ||
against the defendant or successfully
terminate the | ||
defendant's sentence or otherwise discharge him or her from any
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further proceedings against him or her in the original | ||
prosecution.
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(Source: P.A. 92-58, eff. 1-1-02.)
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