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92nd General Assembly

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Public Act 92-0559

SB1638 Enrolled                                LRB9214162RCcd

    AN ACT in relation to drug courts.

    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
Juvenile  Drug Court Treatment Act.

    Section 5. Purposes. The General Assembly recognizes that
the  use  and  abuse  of  drugs  has a dramatic effect on the
juvenile justice system in the State of Illinois. There is  a
critical need for a juvenile 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  minors  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   minor,  with   the   consent   of   the
prosecution,  to  expedite the minor's delinquency 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  minor  has  admitted  guilt  or  has  been  found
guilty  and  agrees,  along  with the prosecution, to enter a
drug court program as part of the minor's disposition.
    "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  for
minors    including  the format under which it operates under
this Act.

    Section 20. Eligibility.
    (a)  A minor may  be   admitted   into   a   drug   court
program  only  upon  the  agreement of the prosecutor and the
minor and with the approval of the court.
    (b)  A  minor  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  minor  denies  his  or   her   use  of  or
    addiction to drugs.
         (3)  The    minor   does    not    demonstrate     a
    willingness to participate in a treatment program.
         (4)  The   minor has been adjudicated delinquent for
    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,   criminal sexual
    assault,   armed  robbery,   aggravated   arson,   arson,
    aggravated     kidnapping,     kidnapping,     aggravated
    battery resulting  in  great  bodily  harm  or  permanent
    disability,   stalking,   aggravated   stalking,  or  any
    offense  involving the discharge of a firearm.

    Section 25. Procedure.
    (a)  The court shall order an eligibility  screening  and
an  assessment of the minor 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 minor has  been  completed   within   the
previous 60 days.
    (b)  The   judge   shall   inform   the minor that if the
minor fails to meet the  conditions   of   the   drug   court
program,  eligibility  to  participate  in the program may be
revoked  and  the  minor  may be sentenced or the prosecution
continued as provided in the Juvenile Court Act of 1987   for
the crime charged.
    (c)  The   minor  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
Sections 5-505, 5-710, and 5-715, the  court  may  order  the
minor  to  complete  substance    abuse   treatment   in   an
outpatient,    inpatient,   residential,  or  detention-based
custodial treatment  program.  Any period  of  time  a  minor
shall  serve  in a detention-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,      costs,    restitution,
public  service    employment, incarceration  of  up  to  120
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 minors.
    (b)  Any  substance  abuse  treatment  program  to  which
minors  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  minor is not performing  satisfactorily in
    the assigned program;
         (2)  the   minor    is    not    benefitting    from
    education, treatment, or rehabilitation;
         (3)  the   minor   has  engaged  in criminal conduct
    rendering him or her unsuitable for the program; or
         (4)  the minor has otherwise violated the  terms and
    conditions  of the program or his  or  her  dispositional
    order  or is for any reason unable to participate;
the court may impose reasonable sanctions under prior written
agreement  of  the  minor,   including  but  not  limited  to
imprisonment  or  dismissal of the minor from the program and
the court may reinstate juvenile proceedings against  him  or
her  or proceed under Section 5-720 of the Juvenile Court Act
of  1987 for  a   violation   of    probation,    conditional
discharge, or supervision hearing.
    (b)  Upon   successful   completion   of  the  terms  and
conditions of the program by the minor, the court may dismiss
the  original  charges  against  the  minor  or  successfully
terminate   the minor's  sentence  or otherwise discharge him
or her from any further proceedings against him  or  her   in
the  original prosecution.

    Section  105.   The Juvenile Court Act of 1987 is amended
by  changing Section 1-5 as follows:

    (705 ILCS 405/1-5) (from Ch. 37, par. 801-5)
    Sec. 1-5.  Rights of parties to proceedings.
    (1)  Except as provided in this Section and paragraph (2)
of Sections 2-22, 3-23, 4-20, 5-610 or 5-705, the  minor  who
is  the  subject of the proceeding and his parents, guardian,
legal custodian  or  responsible  relative  who  are  parties
respondent  have  the  right  to  be present, to be heard, to
present   evidence   material   to   the   proceedings,    to
cross-examine witnesses, to examine pertinent court files and
records and also, although proceedings under this Act are not
intended  to  be  adversary  in  character,  the  right to be
represented  by  counsel.   At  the  request  of  any   party
financially unable to employ counsel, with the exception of a
foster  parent permitted to intervene under this Section, the
court shall appoint the Public Defender or such other counsel
as the case may require. Counsel appointed for the minor  and
any  indigent  party  shall appear at all stages of the trial
court proceeding, and such appointment shall continue through
the permanency hearings and termination  of  parental  rights
proceedings subject to withdrawal or substitution pursuant to
Supreme Court Rules or the Code of Civil Procedure. Following
the  dispositional  hearing,  the court may require appointed
counsel, other than counsel for the minor or counsel for  the
guardian  ad  litem,  to  withdraw his or her appearance upon
failure of the party for whom  counsel  was  appointed  under
this Section to attend any subsequent proceedings.
    No hearing on any petition or motion filed under this Act
may  be  commenced unless the minor who is the subject of the
proceeding is represented by counsel.  Each adult  respondent
shall  be furnished a written "Notice of Rights" at or before
the first hearing at which he or she appears.
    (1.5)  The Department shall maintain a system of response
to inquiry made by parents or putative parents as to  whether
their  child  is  under  the  custody  or guardianship of the
Department; and  if  so,  the  Department  shall  direct  the
parents  or  putative  parents  to  the  appropriate court of
jurisdiction, including where inquiry  may  be  made  of  the
clerk  of  the  court  regarding the case number and the next
scheduled court date  of the minor's case.  Effective  notice
and  the means of accessing information shall be given to the
public on a continuing basis by the Department.
    (2) (a)  Though not appointed guardian or legal custodian
or otherwise made a party to the proceeding, any  current  or
previously  appointed foster parent or relative caregiver, or
representative of an agency or association interested in  the
minor  has  the  right to be heard by the court, but does not
thereby become a party to the proceeding.
    In addition to the foregoing right to  be  heard  by  the
court,  any  current foster parent or relative caregiver of a
minor  and  the  agency  designated  by  the  court  or   the
Department  of  Children  and Family Services as custodian of
the minor who is alleged to be or  has  been  adjudicated  an
abused  or  neglected  minor under Section 2-3 or a dependent
minor under Section 2-4 of this Act  has  the  right  to  and
shall  be  given adequate notice at all stages of any hearing
or proceeding under this Act.
    Any foster parent or relative caregiver who is denied his
or her right to be heard  under  this  Section  may  bring  a
mandamus  action  under  Article  XIV  of  the  Code of Civil
Procedure against the court or any public agency  to  enforce
that  right.   The mandamus action may be brought immediately
upon the denial of those rights but in no event later than 30
days after the foster parent has been denied the right to  be
heard.
    (b)  If  after  an adjudication that a minor is abused or
neglected as provided under Section 2-21 of this  Act  and  a
motion  has  been  made  to  restore the minor to any parent,
guardian, or legal custodian  found  by  the  court  to  have
caused  the  neglect  or  to  have inflicted the abuse on the
minor, a foster parent may file a motion to intervene in  the
proceeding  for the sole purpose of requesting that the minor
be placed with the foster parent, provided  that  the  foster
parent  (i) is the current foster parent of the minor or (ii)
has previously been a foster parent for  the  minor  for  one
year  or more, has a foster care license or is eligible for a
license, and is not the subject of any findings of  abuse  or
neglect  of  any  child.   The  juvenile court may only enter
orders placing a minor with a specific  foster  parent  under
this  subsection  (2)(b) and nothing in this Section shall be
construed to confer any  jurisdiction  or  authority  on  the
juvenile  court  to  issue  any  other  orders  requiring the
appointed guardian or custodian of a minor to place the minor
in a designated foster home or facility.  This Section is not
intended to encompass any matters that are within  the  scope
or  determinable  under the administrative and appeal process
established by rules of the Department of Children and Family
Services under  Section  5(o)  of  the  Children  and  Family
Services  Act.   Nothing  in  this  Section shall relieve the
court of its responsibility, under Section  2-14(a)  of  this
Act  to  act  in a just and speedy manner to reunify families
where it is the best interests of the minor and the child can
be cared for at home without endangering the  child's  health
or  safety and, if reunification is not in the best interests
of the minor, to find another permanent home for  the  minor.
Nothing  in this Section, or in any order issued by the court
with respect to the  placement  of  a  minor  with  a  foster
parent,  shall  impair  the  ability  of  the  Department  of
Children and Family Services, or anyone else authorized under
Section 5 of the Abused and Neglected Child Reporting Act, to
remove  a  minor  from  the  home  of  a foster parent if the
Department of Children and  Family  Services  or  the  person
removing   the   minor   has   reason  to  believe  that  the
circumstances or  conditions  of  the  minor  are  such  that
continuing in the residence or care of the foster parent will
jeopardize  the  child's  health  and  safety  or  present an
imminent risk of harm to that minor's life.
    (c)  If a foster parent has had  the  minor  who  is  the
subject of the proceeding under Article II in his or her home
for  more  than  one year on or after July 3, 1994 and if the
minor's  placement  is  being  terminated  from  that  foster
parent's home, that foster parent  shall  have  standing  and
intervenor  status  except  in  those circumstances where the
Department of Children and Family  Services  or  anyone  else
authorized  under Section 5 of the Abused and Neglected Child
Reporting Act has removed the minor from  the  foster  parent
because  of  a  reasonable  belief  that the circumstances or
conditions of the minor  are  such  that  continuing  in  the
residence  or  care  of the foster parent will jeopardize the
child's health or safety or presents an imminent risk of harm
to the minor's life.
    (d)  The court may grant standing to any foster parent if
the court finds that it is in the best interest of the  child
for the foster parent to have standing and intervenor status.
    (3)  Parties   respondent   are  entitled  to  notice  in
compliance with Sections 2-15 and 2-16, 3-17 and  3-18,  4-14
and  4-15  or  5-525  and 5-530, as appropriate. At the first
appearance before  the  court  by  the  minor,  his  parents,
guardian,  custodian or responsible relative, the court shall
explain the nature of the proceedings and inform the  parties
of their rights under the first 2 paragraphs of this Section.
    If  the  child  is  alleged  to  be  abused, neglected or
dependent, the court shall admonish the parents that  if  the
court declares the child to be a ward of the court and awards
custody  or  guardianship  to  the Department of Children and
Family  Services,  the  parents  must  cooperate   with   the
Department  of  Children and Family Services, comply with the
terms of the service plans, and correct the  conditions  that
require the child to be in care, or risk termination of their
parental rights.
    Upon  an  adjudication  of  wardship  of  the court under
Sections 2-22, 3-23, 4-20 or 5-705, the  court  shall  inform
the  parties  of  their  right to appeal therefrom as well as
from any other final judgment of the court.
    When  the  court  finds  that  a  child  is  an   abused,
neglected,  or  dependent minor under Section 2-21, the court
shall admonish the parents that the  parents  must  cooperate
with  the  Department of Children and Family Services, comply
with  the  terms  of  the  service  plans,  and  correct  the
conditions that require the child to  be  in  care,  or  risk
termination of their parental rights.
    When the court declares a child to be a ward of the court
and  awards  guardianship  to  the Department of Children and
Family Services under Section 2-22, the court shall  admonish
the  parents,  guardian,  custodian,  or responsible relative
that the  parents  must  cooperate  with  the  Department  of
Children  and  Family  Services, comply with the terms of the
service plans, and correct the conditions  that  require  the
child  to  be  in care, or risk termination of their parental
rights.
    (4)  No sanction may be applied against the minor who  is
the  subject  of  the proceedings by reason of his refusal or
failure to testify in the course of any hearing held prior to
final adjudication under Section 2-22, 3-23, 4-20 or 5-705.
    (5)  In the discretion of the court,  the  minor  may  be
excluded  from  any  part or parts of a dispositional hearing
and, with the consent of the  parent  or  parents,  guardian,
counsel  or a guardian ad litem, from any part or parts of an
adjudicatory hearing.
    (6)  The general public except for the news media and the
victim shall be excluded from any hearing and, except for the
persons specified in this  Section  only  persons,  including
representatives  of  agencies  and  associations,  who in the
opinion of the court have a direct interest in the case or in
the work of the court  shall  be  admitted  to  the  hearing.
However, the court may, for the minor's safety and protection
and  for  good  cause  shown,  prohibit  any person or agency
present  in  court  from  further  disclosing   the   minor's
identity.  Nothing  in this subsection (6) prevents the court
from  allowing  other    juveniles  to  be  present   or   to
participate in a court session being held  under the Juvenile
Drug Court Treatment Act.
    (7)  A  party shall not be entitled to exercise the right
to a substitution of a judge without cause under  subdivision
(a)(2)  of Section 2-1001 of the Code of Civil Procedure in a
proceeding under this Act if the judge is currently  assigned
to  a  proceeding  involving  the  alleged abuse, neglect, or
dependency of the minor's sibling or half  sibling  and  that
judge  has  made  a  substantive  ruling  in  the  proceeding
involving the minor's sibling or half sibling.
(Source: P.A. 90-27, eff. 1-1-98; 90-28, eff. 1-1-98; 90-590,
eff. 1-1-99; 90-608, eff. 6-30-98; 91-357, eff. 7-29-99.)
    Passed in the General Assembly April 17, 2002.
    Approved June 24, 2002.
    Effective January 01, 2003.

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