Public Act 099-0819
Public Act 0819 99TH GENERAL ASSEMBLY
|Public Act 099-0819|
|SB3401 Enrolled||LRB099 21152 WGH 46462 b|
AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
The Veterans and Servicemembers Court
Act is amended by changing Sections 10, 25, and 30 as follows:
(730 ILCS 167/10)
In this Act:
"Combination Veterans and Servicemembers Court program"
means a court program that
includes a pre-adjudicatory and a
post-adjudicatory Veterans and Servicemembers court
"Court" means Veterans and Servicemembers Court.
"IDVA" means the Illinois Department of Veterans' Affairs.
"Peer recovery coach" means a volunteer veteran mentor
assigned to a veteran or servicemember during participation in
a veteran treatment court program who has been trained and
certified by the court to guide and mentor the participant to
successfully complete the assigned requirements.
"Post-adjudicatory Veterans and Servicemembers 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 Veterans and Servicemembers Court
program as part of the defendant's
"Pre-adjudicatory Veterans and Servicemembers Court
Program" means a program that
allows the defendant with the
consent of the prosecution, to expedite the defendant's
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.
"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'
"VAC" means a veterans assistance commission.
"Veteran" means a person who served in the active military,
naval, or air service and who
was discharged or released
therefrom under conditions other than dishonorable.
"Veterans and Servicemembers Court professional" means a
member of the Veterans and
Servicemembers Court team, including
but not limited to a judge, prosecutor, defense
probation officer, coordinator, treatment provider, or peer
"Veterans and Servicemembers Court" means a court or
program with an immediate and
highly structured judicial
intervention process for substance abuse treatment, mental
other assessed treatment needs of eligible veteran
and servicemember defendants that brings
abuse professionals, mental health professionals, VA
social programs and intensive judicial
monitoring in accordance with the nationally
recommended 10 key
components of drug courts.
(Source: P.A. 99-314, eff. 8-7-15.)
(730 ILCS 167/25)
(a) The Court shall order the defendant to submit to an
eligibility screening and an
assessment through the VA
and/or the IDVA to provide information on the defendant's
or servicemember status.
(b) The Court shall order the defendant to submit to an
eligibility screening and mental
health and drug/alcohol
screening and assessment of the defendant by the VA
the IDVA to
provide assessment services for Illinois Courts.
The assessment shall include a risks
assessment and be based,
in part, upon the known availability of treatment resources
the Veterans and Servicemembers Court. The
assessment shall also include recommendations
for treatment of
the conditions which are indicating a need for treatment under
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 finds a valid
screening and/or assessment related to
the present charge
pending against the defendant has been completed within the
(c) The judge shall inform the defendant that if the
defendant fails to meet the conditions
of the Veterans and
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 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
(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 may order the defendant to complete
abuse treatment in an outpatient, inpatient,
residential, or jail-based custodial treatment program,
the defendant to complete mental health counseling in an
inpatient or outpatient basis,
comply with physicians'
recommendation regarding medications and all follow up
This treatment may include but is not limited to
post-traumatic stress disorder, traumatic brain
(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
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.)
(730 ILCS 167/30)
Mental health and substance abuse treatment.
(a) The Veterans and Servicemembers Court program may
maintain a network of
substance abuse treatment programs
representing a continuum of graduated substance abuse
treatment options commensurate with the needs of defendants;
these shall include programs with
the VA, IDVA,
State of Illinois and community-based programs supported and
either or both.
(b) Any substance abuse treatment program to which
defendants are referred must meet
all of the rules and
governing programs in Parts 2030 and 2060 of Title 77 of the
(c) The Veterans and 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 and Servicemembers Court program may
maintain or collaborate with a
network of mental health
treatment programs and, if it is a co-occurring mental health
substance abuse court program, a network of substance abuse
treatment programs representing a
continuum of treatment
options commensurate with the needs of the defendant and
resources including programs with the VA, the IDVA
and the State of Illinois.
(Source: P.A. 96-924, eff. 6-14-10.)
This Act takes effect upon
Effective Date: 08/15/2016