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92nd General Assembly

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Public Act 92-0058

SB138 Enrolled                                 LRB9203748RCcd

    AN ACT concerning drug treatment.

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

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

    Section 5. Purposes. The General Assembly recognizes that
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 a criminal justice system program that will
reduce  the incidence of drug use, drug addiction, and crimes
committed as a result of drug use and drug addiction.  It  is
the intent of the General Assembly to create specialized drug
courts  with  the  necessary  flexibility  to  meet  the drug
problems in the State of Illinois.

    Section 10. Definitions. As used in this Act:
    "Drug court", "drug court program", or "program" means an
immediate and highly 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  nationally  recommended  10 key components of drug
courts.
    "Drug court  professional"  means  a  judge,  prosecutor,
defense  attorney,  probation  officer, or treatment provider
involved with the drug court program.
    "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  completion  of  the drug court program as part of
the agreement.
    "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 court program as part of the defendant's sentence.
    "Combination drug  court  program"  means  a  drug  court
program  that  includes a pre-adjudicatory drug court program
and a post-adjudicatory drug court program.

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

    Section 20. Eligibility.
    (a)  A defendant  may  be  admitted  into  a  drug  court
program  only  upon  the  agreement of the prosecutor and the
defendant and with the approval of the court.
    (b)  A defendant shall be  excluded  from  a  drug  court
program if any of one of the following apply:
         (1) The crime is a crime of violence as set forth in
    clause (4) of this subsection (b).
         (2)  The  defendant  denies  his  or  her  use of or
    addiction to drugs.
         (3)  The   defendant   does   not   demonstrate    a
    willingness to participate in a treatment program.
         (4)  The  defendant has been convicted of a crime of
    violence within the past 10 years excluding incarceration
    time, including but not limited to: 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  kidnaping,  kidnaping,   aggravated   battery
    resulting  in  great bodily harm or permanent disability,
    stalking, aggravated stalking, or any  offense  involving
    the discharge of a firearm.
         (5)  The  defendant  has previously completed or has
    been discharged from a drug court program.

    Section 25. Procedure.
    (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 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  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.
    (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 defendant to complete
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 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 requirements necessary to fulfill the
drug court program.

    Section 30. Substance abuse treatment.
    (a)  The drug court program shall maintain a  network  of
substance  abuse  treatment programs representing a continuum
of graduated substance abuse treatment  options  commensurate
with the needs of defendants.
    (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
Illinois Administrative Code.
    (c)  The  drug  court  program  may,  at  its discretion,
employ additional services  or  interventions,  as  it  deems
necessary on a case by case basis.

    Section 35. Violation; termination; discharge.
    (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 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.
    (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 further proceedings against him or her  in  the  original
prosecution.
    Passed in the General Assembly April 25, 2001.
    Approved July 12, 2001.
    Effective January 01, 2002.

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