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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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