Public Act 102-1041
 
SB2565 EnrolledLRB102 16553 KMF 21949 b


  
    AN ACT concerning criminal law.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  


 
    Section 5. The Drug Court Treatment Act is amended  by 
changing Sections 5, 10, 15, 20, 25, 30, 35, 40, 45, and 50 as 
follows:
 



    (730 ILCS 166/5)



    Sec. 5. Purposes. The General Assembly recognizes that 
individuals struggling with substance use disorders may come 
into contact with the criminal justice system and be charged 
with felony or misdemeanor offenses. The General Assembly also 
recognizes that substance use disorders and mental illness 
co-occur in a substantial percentage of criminal defendants 
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 the a criminal justice system to recognize 
individuals struggling with these issues, provide alternatives 
to incarceration to address substance use disorders when 
possible, and provide appropriate access to treatment and 
support to such individuals 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, in 
accordance with evidence-based practices and the Illinois 
Supreme Court Problem-Solving Court Standards for addressing 
substance use and co-occurring disorders, with the necessary 
flexibility to meet the needs for an array of services and 
supports among participants in certified drug court programs 
the
drug problems in the State of Illinois.

(Source: P.A. 92-58, eff. 1-1-02.)

 



    (730 ILCS 166/10)



    Sec. 10. Definitions. As used in this Act:

    "Certification" means the process by which a 
problem-solving court obtains approval from the Supreme Court 
to operate in accordance with the Problem-Solving Court 
Standards.
    "Clinical treatment plan" means an evidence-based, 
comprehensive, and individualized plan that: (i) is developed 
by a qualified professional in accordance with the Department 
of Human Services substance use prevention and recovery   rules 
under 77 Ill. Adm. Code 2060 or an equivalent standard in any 
state where treatment may take place; and (ii) defines the 
scope of treatment services to be delivered by a court 
treatment provider.
    "Combination drug court program" means a type of 
problem-solving court that allows an individual to enter a 
problem-solving court before a plea, conviction, or 
disposition while also permitting an individual who has 
admitted guilt, or been found guilty, to enter a 
problem-solving court as a part of the individual's sentence 
or disposition. 
    "Community behavioral health center" means a physical site 
where behavioral healthcare services are provided in 
accordance with the Community Behavioral Health Center 
Infrastructure Act. 
    "Community mental health center" means an entity:
        (1) licensed by the Department of Public Health as a 
    community mental health center in accordance with the 
    conditions of participation for community mental health 
    centers established by the Centers for Medicare and 
    Medicaid Services; and
        (2) that provides outpatient services, including 
    specialized outpatient services, for individuals who are 
    chronically mental ill.
    "Co-occurring mental health and substance use disorders 
court program" means a program that includes an individual 
with co-occurring mental illness and substance use disorder 
diagnoses and professionals with training and experience in 
treating individuals with diagnoses of substance use disorder 
and mental illness.
    "Drug court", "drug court program", "court", or "program" 
means a specially designated court, court calendar, or docket 
facilitating intensive therapeutic treatment to monitor and 
assist participants with substance use disorders in making 
positive lifestyle changes and reducing the rate of 
recidivism. Drug court programs are nonadversarial in nature 
and bring together substance use disorder professionals, local 
social programs, and monitoring in accordance with the 
nationally recommended 10 key components of drug courts and 
the Problem-Solving Court Standards. Common features of a drug 
court program include, but are not limited to, a designated 
judge and staff; specialized intake and screening procedures; 
coordinated treatment procedures administered by a trained, 
multidisciplinary professional team; close evaluation of 
participants, including continued assessments and modification 
of the court requirements and use of sanctions, incentives, 
and therapeutic adjustments to address behavior; frequent 
judicial interaction with participants; less formal court 
process and procedures; voluntary participation; and a low 
treatment staff-to-client ratio. 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 member of the drug court 
team, including but not limited to
a judge, prosecutor, 
defense attorney,
probation officer, coordinator, or treatment 
provider, or  peer recovery coach.

    "Peer recovery coach" means a mentor assigned to a 
defendant during participation in a drug treatment court 
program who has been trained by the court, a service provider 
used by the court for substance use disorder or mental health 
treatment, a local service provider with an established peer 
recovery coach or mentor program not otherwise used by the 
court for treatment, or a Certified Recovery Support 
Specialist certified by the Illinois Certification Board. 
"Peer recovery coach" includes individuals with lived 
experiences of the issues the problem-solving court seeks to 
address, including, but not limited to, substance use 
disorder, mental illness, and co-occurring disorders or 
involvement with the criminal justice system. "Peer recovery 
coach" includes individuals required to guide and mentor the 
participant to successfully complete assigned requirements and 
to facilitate participants' independence for continued success 
once the supports of the court are no longer available to them.
    "Post-adjudicatory drug court program" means a program 
that allows an individual who has admitted
guilt
or has been 
found guilty, with the defendant's consent, and the approval 
of the court, to enter a
drug
court program as part of the 
defendant's sentence or disposition. 
    "Pre-adjudicatory drug court program" means a program that 
allows
the defendant,
with the defendant's consent and the 
approval of the court, to enter the drug court program before 
plea, conviction, or disposition and requires successful

completion of the drug court program as part of the agreement. 
    "Problem-Solving Court Standards" means the statewide 
standards adopted by the Supreme Court that set forth the 
minimum requirements for the planning, establishment, 
certification, operation, and evaluation of all 
problem-solving courts in this State.
    "Validated clinical assessment" means a validated 
assessment tool administered by a qualified clinician to 
determine the treatment needs of participants. "Validated 
clinical assessment" includes assessment tools required by 
public or private insurance.
    "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.

(Source: P.A. 97-946, eff. 8-13-12.)

 



    (730 ILCS 166/15)



    Sec. 15. Authorization.  
    (a) The Chief Judge of each judicial circuit may must

establish a
drug
court program in compliance with the 
Problem-Solving Court Standards. At the discretion of the 
Chief Judge, the drug court program may be operated in one or 
more counties of the circuit and allow defendants from all 
counties within the circuit to participate. Drug court 
programs must be certified by the Illinois Supreme Court 
including the format under which it operates under
this Act.

    (b) Whenever the county boards of 2 or more counties 
within the same judicial circuit shall determine that a single 
drug court program would best serve those counties, the county 
board of each such county may shall adopt a resolution to the 
effect that there shall be a single drug court program serving 
those counties, and shall provide a copy of the resolution to 
the Chief Judge of the judicial circuit.  Upon receipt of such a 
resolution, those resolutions, the Chief Judge may shall 
establish or, in the case of an existing drug court program, 
reorganize re-organize a single drug court program to serve 
those counties. 
    (c) (Blank). Upon petition of the county board by the 
State's Attorney, the court may, for good cause shown of 
financial hardship or lack of necessary resources, enter an 
order delaying the implementation of the requirements of 
subsection (a) of this Section for an individual county, for a 
period not to exceed 2 years. 
(Source: P.A. 96-776, eff. 1-1-10.)

 



    (730 ILCS 166/20)



    Sec. 20. Eligibility. 

    (a) A defendant may be admitted into a drug court program 
only upon the consent
agreement of the defendant and with the 
approval of the
court. A defendant agrees to be admitted when a 
written consent to participate is provided to the court in 
open court and the defendant acknowledges understanding its 
contents.
    (a-5) Each drug court shall have a target population 
defined in its written policies and procedures. The policies 
and procedures shall define that court's eligibility and 
exclusionary criteria. 

    (b) A defendant shall be excluded from a drug court 
program if any of one of
the following applies apply:

        (1) The crime is a crime of violence as set forth in 
    paragraph 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 5
10 years excluding 
    incarceration time, parole, and periods of mandatory 
    supervised release. As used in this paragraph Section, 
    "crime of violence" means: 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, kidnapping kidnaping, aggravated

    battery resulting in great bodily harm or permanent 
    disability, aggravated domestic battery resulting in great 
    bodily harm or permanent disability, aggravated criminal 
    sexual abuse by a person in a position of trust or 
    authority over a child, stalking,
aggravated stalking, 
    home invasion, aggravated vehicular hijacking, or any 
    offense
involving the discharge of a firearm.

        (5) The defendant is charged with a violation of 
    subparagraph (F) of paragraph (1) of subsection (d) of 
    Section 11-501 of  the Illinois Vehicle Code in which an 
    individual is charged with aggravated driving under the 
    influence that resulted in the death of another person or 
    when the violation was a proximate cause of the death, 
    unless, pursuant to subparagraph (G) of paragraph (1) of 
    subsection (d) of Section 11-501 of the Illinois Vehicle 
    Code, the court determines that extraordinary 
    circumstances exist and require probation. 
    (c) Notwithstanding subsection (a), the defendant may be 
admitted into a drug court program only upon the agreement of 
the prosecutor if the defendant is charged with a Class 2 or 
greater felony violation of:
        (1)   Section 401, 401.1, 405, or 405.2 of the Illinois 
    Controlled Substances Act;
        (2) Section 5, 5.1, or 5.2 of the Cannabis Control 
    Act; or
        (3) Section 15, 20, 25, 30, 35, 40, 45, 50, 55, 56, or 
    65 of the Methamphetamine Control and Community Protection 
    Act. 
the defendant is charged with a Class 2 or greater felony 
violation of:
            (A)  Section 401, 401.1, 405, or 405.2 of the 
        Illinois Controlled Substances Act;
            (B) Section 5, 5.1, or 5.2 of the Cannabis Control 
        Act;
            (C) Section 15, 20, 25, 30, 35, 40, 45, 50, 55, 56, 
        or 65 of the Methamphetamine Control and Community 
        Protection Act; or
        (2) the defendant has previously, on 3 or more 
    occasions, either completed a drug court program, been 
    discharged from a drug court program, or been terminated 
    from a drug court program.

(Source: P.A. 99-480, eff. 9-9-15.)

 


    (730 ILCS 166/25)




    Sec. 25. Procedure. 

    (a) A The court shall order an eligibility screening and 
clinical needs an assessment and risk assessment of the

defendant shall be performed as required by the court's 
policies and procedures prior to the defendant's admission 
into a drug court. The clinical needs assessment shall be 
conducted in accordance with the Department of Human Services 
substance use prevention and recovery   rules under 77 Ill. Adm. 
Code 2060. The assessment shall include, but is not limited 
to, assessments of substance use and mental and behavioral 
health needs. The assessment shall be administered by 
individuals approved under the Department of Human Services 
substance use prevention and recovery   rules for professional 
staff under 77 Ill. Adm. Code 2060 and used to inform any 
clinical treatment plans. Clinical treatment plans shall be 
developed in accordance with the Problem-Solving Court 
Standards and in part upon the known availability of treatment 
resources.
    Any risk assessment shall be performed using an assessment 
tool approved by the Administrative Office of the Illinois 
Courts and as required by the court's policies and procedures.  
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 participant to complete 
mental health counseling or substance use disorder treatment 
in an outpatient or residential treatment program and may 
order the participant to comply with physicians' 
recommendations regarding medications and all follow-up 
treatment for any mental health diagnosis made by the 
provider. Substance use disorder treatment programs must be 
licensed by the Department of Human Services in accordance 
with the Department of Human Services substance use prevention 
and recovery rules, or an equivalent standard in any other 
state where the treatment may take place, and use 
evidence-based treatment. When referring participants to 
mental health treatment programs, the court shall prioritize 
providers certified as community mental health or behavioral 
health centers if possible. The court shall consider the least 
restrictive treatment option when ordering mental health or 
substance use disorder treatment for participants and the 
results of clinical and risk assessments in accordance with 
the Problem-Solving Court Standards. 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, including and rewards and sanctions, 
including but not limited to: fines,
fees, costs, restitution, 
incarceration of up to 180 days, individual and group
therapy, 
substance drug
analysis testing, close monitoring by the 
court, restitution, 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. Program phases, therapeutic 
adjustments, incentives, and sanctions, including the use of 
jail sanctions, shall be administered in accordance with 
evidence-based practices and the Problem-Solving Court 
Standards. A participant's failure to pay program fines or 
fees shall not prevent the participant from advancing phases 
or successfully completing the program. If the participant 
defendant needs treatment for an opioid use disorder abuse or 
dependence, the court may not prohibit the participant 
defendant from participating in and
receiving 
medication-assisted 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 
medication assisted treatment as a term or condition of 
successful completion of the drug court program. 

    (f) Recognizing that individuals struggling with mental 
health, substance use, and related co-occurring disorders have 
often experienced trauma, drug court programs may include 
specialized service programs specifically designed to address 
trauma. These specialized services may be offered to 
individuals admitted to the drug court program. Judicial 
circuits establishing these specialized programs shall partner 
with advocates, survivors, and service providers in the 
development of the programs. Trauma-informed services and 
programming shall be operated in accordance with 
evidence-based best practices as outlined by the Substance 
Abuse and Mental Health Service Administration's National 
Center for Trauma-Informed Care.
    (g) 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 mentors and local 
mental health and substance use disorder treatment 
organizations. 
(Source: P.A. 99-554, eff. 1-1-17.)

 



    (730 ILCS 166/30)



    Sec. 30. Mental health and substance use disorder 
Substance abuse treatment. 

    (a) The drug court program shall maintain a network of 
substance use disorder abuse
treatment programs representing a 
continuum of graduated substance use disorder abuse
treatment 
options commensurate with the needs of the participant 
defendants.

    (b) Any substance use disorder abuse treatment program to 
which participants defendants are referred
must hold a valid 
license from the Department of Human Services Division of 
Substance Use Prevention and Recovery, use evidence-based 
treatment, and deliver all services in accordance with  77 Ill. 
Adm. Code 2060, including services available through the 
United States Department of Veterans Affairs, the Illinois 
Department of Veterans' Affairs,  or Veterans Assistance 
Commission, or an equivalent standard in any other state where 
treatment may take place 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.
    (d) The drug court program may maintain or collaborate 
with a network of mental health treatment programs 
representing a continuum of treatment options commensurate 
with the needs of the participant and available resources, 
including programs with the State and community-based programs 
supported and sanctioned by the State. Partnerships with 
providers certified as mental health or behavioral health 
centers shall be prioritized when possible. 

(Source: P.A. 92-58, eff. 1-1-02.)

 


    (730 ILCS 166/35)




    Sec. 35. Violation; termination; dismissal from program 
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 
participant is not complying with the requirements of the 
treatment program; or (2) the participant has otherwise 
violated the terms and conditions of the program, the court 
may impose reasonable sanctions under the prior written 
agreement of the participant, including, but not limited to, 
imprisonment or dismissal of the participant from the program, 
and the court may reinstate criminal proceedings against the 
participant or proceed under Section 5-6-4 of the Unified Code 
of Corrections for a violation of probation, conditional 
discharge, or supervision hearing. 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.
    (a-5) Based on the evidence presented, the court shall 
determine whether the participant has violated the conditions 
of the program and whether the participant should be dismissed 
from the program or whether, pursuant to the court's policies 
and procedures, some other alternative may be appropriate in 
the interests of the participant and the public.
    (a-10)  A participant defendant who is assigned to a 
substance use disorder abuse treatment program under this Act 
for an opioid use disorder 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 
medication assisted treatment under the care of a  physician 
licensed  in this State to practice medicine in all of its 
branches. 

    (a-15) A participant may voluntarily withdraw from the 
drug court program in accordance with the drug court program's 
policies and procedures. Prior to allowing the participant to 
withdraw, the judge shall:
        (1) ensure that the participant has the right to 
    consult with counsel prior to withdrawal;
        (2) determine in open court that the withdrawal is 
    made voluntarily and knowingly; and
        (3) admonish the participant in open court as to the 
    consequences, actual or potential, which can result from 
    withdrawal.
    Upon withdrawal, the criminal proceedings may be 
reinstated against the participant or proceedings may be 
initiated under Section 5-6-4 of the Unified Code of 
Corrections for a violation of probation, conditional 
discharge, or supervision hearing.
    (a-20) No participant may be dismissed from the program 
unless, prior to dismissal, the participant is informed in 
writing:
        (1) of the reason or reasons for the dismissal;
        (2) the evidentiary basis supporting the reason or 
    reasons for the dismissal; and
        (3) that the participant has a right to a hearing at 
    which the participant may present evidence supporting the 
    participant's continuation in the program. 
    (a-25) A participant who has not violated the conditions 
of the program in such a way as to warrant unsuccessful 
dismissal, but who is unable to complete program requirements 
to qualify for a successful discharge, may be terminated from 
the program as a neutral discharge. 
    (b) Upon successful completion of the terms and conditions 
of the program,
the
court may dismiss the original charges 
against the participant defendant or successfully
terminate 
the participant's defendant's sentence or otherwise discharge 
the participant him or her from any
further proceedings 
against the participant him or her in the original 
prosecution.

    (c) Upon successful completion of the terms and conditions 
of the program, any State's Attorney in the county of 
conviction, participant, or defense attorney may move to 
vacate any convictions that are eligible for sealing under the 
Criminal Identification Act. A participant may immediately 
file a petition to expunge vacated convictions and the 
associated underlying records per the Criminal Identification 
Act. If the State's Attorney moves to vacate a conviction, the 
State's Attorney may not object to expungement of that 
conviction or the underlying record.
    (d) The drug court program may maintain or collaborate 
with a network of legal aid organizations that specialize in 
conviction relief to support participants navigating the 
expungement and sealing process. 
(Source: P.A. 99-554, eff. 1-1-17.)

 
    (730 ILCS 166/40)
    Sec. 40. Education seminars for judges. A judge assigned 
to preside over a drug treatment court shall have experience, 
training, and continuing education in topics including, but 
not limited to:
    (1) criminal law;
    (2) behavioral health;
    (3) confidentiality;
    (4) ethics;
    (5) evidence-based practices;
    (6) substance use disorders;
    (7) mental illness;
    (8) co-occurring disorders; and
    (9) presiding over various types of problem-solving 
courts. The Administrative Office of the Illinois Courts shall 
conduct education seminars for judges throughout the State on 
how to operate drug court programs with a specific emphasis on 
cases involving the illegal possession of methamphetamine.

(Source: P.A. 94-552, eff. 8-12-05.)
 
    (730 ILCS 166/45)
    Sec. 45. Education seminars for drug court prosecutors. 
Subject to appropriation, the Office of the State's Attorneys 
Appellate Prosecutor shall conduct mandatory education 
seminars on the subjects of substance abuse and addiction for 
all drug court prosecutors throughout the State to ensure that 
the problem-solving court maintains fidelity to the 
problem-solving court model. Topics include, but are not 
limited to, evidence-based screening, assessment and treatment 
practices, target population, substance use disorders, mental 
illness, disability, co-occurring disorders, trauma, 
confidentiality, criminogenic risks and needs, incentives and 
sanctions, court processes, limited English proficiency, and 
team dynamics.

(Source: P.A. 99-480, eff. 9-9-15.)
 
    (730 ILCS 166/50)
    Sec. 50. Education seminars for drug court public 
defenders. Subject to appropriation, the Office of the State 
Appellate Defender shall conduct mandatory education seminars 
on the subjects of substance abuse and addiction for all drug 
court public defenders and assistant public defenders 
practicing in drug courts throughout the State to ensure that 
the problem-solving court maintains fidelity to the 
problem-solving court model. Topics include, but are not 
limited to, evidence-based screening, assessment and treatment 
practices, target population, substance use disorders, mental 
illness, disability, co-occurring disorders, trauma, 
confidentiality, criminogenic risks and needs, incentives and 
sanctions, court processes, limited English proficiency, and 
team dynamics.

(Source: P.A. 99-480, eff. 9-9-15.)
 
    Section 10. The Veterans and Servicemembers Court

Treatment Act is amended  by changing Sections 5, 10, 15, 20, 
25, 30, and 35 and  by adding Sections 40, 45, and 50 as 
follows:
 
    (730 ILCS 167/5)

    Sec. 5. Purposes. The General Assembly recognizes that 
veterans and active servicemembers, including , Reserve
and 
National Guard servicemembers, have provided or are currently 
providing an invaluable
service to our country. Some veterans 
and active duty servicemembers In so doing, some may suffer 
from the effects of their service, including, but not limited 
to, post-traumatic
post traumatic stress disorder, traumatic 
brain injury, depression and may also suffer drug and
alcohol 
dependency or addiction and co-occurring mental illness and 
substance use disorder abuse problems.
As a result of this, 
some veterans or active duty servicemembers come into contact 
with the
criminal justice system and are charged with felony 
or misdemeanor offenses. There is a critical
need for the 
criminal justice system to recognize these veterans, provide 
accountability for their
wrongdoing, provide for the safety of 
the public, and provide for the treatment of such our 
veterans. It
is the intent of the General Assembly to create 
specialized veteran and servicemember courts in accordance 
with evidence-based practices and Problem-Solving Court 
Standards for addressing substance use, mental health, and 
co-occurring disorders or
programs with the necessary 
flexibility to meet the specialized needs for an array of 
services and supports among participants in certified veteran 
and servicemember court programs in the State problems faced 
by these veteran
and servicemember defendants.


(Source: P.A. 96-924, eff. 6-14-10.)
 
    (730 ILCS 167/10)

    Sec. 10. Definitions. In this Act:
    "Certification" means the process by which a 
problem-solving court obtains approval from the Supreme Court 
to operate in accordance with the Problem-Solving Court 
Standards.
    "Clinical treatment plan" means an evidence-based, 
comprehensive, and individualized plan that: (i) is developed 
by a qualified professional in accordance with the Department 
of Human Services substance use prevention and recovery   rules 
under 77 Ill. Adm. Code 2060 or an equivalent standard in any 
state where treatment may take place; and (ii) defines the 
scope of treatment services to be delivered by a court 
treatment provider.
    "Combination Veterans and Servicemembers court program" 
means a type of problem-solving court that allows an 
individual to enter a problem-solving court before a plea, 
conviction, or disposition while also permitting an individual 
who has admitted guilt, or been found guilty, to enter a 
problem-solving court as a part of the individual's sentence 
or disposition. "Combination Veterans and Servicemembers Court 
program" means a  court program that
includes a 
pre-adjudicatory and a post-adjudicatory Veterans and 
Servicemembers court
program.

    "Community behavioral health center" means a physical site 
where behavioral healthcare services are provided in 
accordance with the Community Behavioral Health Center 
Infrastructure Act. 
    "Community mental health center" means an entity:
        (1) licensed by the Department of Public Health as a 
    community mental health center in accordance with the 
    conditions of participation for community mental health 
    centers established by the Centers for Medicare and 
    Medicaid Services; and
        (2) that provides outpatient services, including 
    specialized outpatient services, for individuals who are 
    chronically mental ill.
    "Co-occurring mental health and substance use disorders 
court program" means a program that includes an individual 
with co-occurring mental illness and substance use disorder 
diagnoses and professionals with training and experience in 
treating individuals with diagnoses of substance use disorder 
and mental illness.
    "Court" means veterans and servicemembers court Veterans 
and Servicemembers Court.
    "IDVA" means the Illinois Department of Veterans' Affairs.
    "Peer recovery coach" means a volunteer veteran mentor as 
defined nationally by Justice for Vets and assigned to a 
veteran or servicemember during participation in a veteran 
treatment court program who has been approved by the court, 
and trained according to curriculum recommended by Justice for 
Vets, a service provider used by the court for substance use 
disorder or mental health treatment, a local service provider 
with an established peer recovery coach or mentor program not 
otherwise used by the court for treatment, or a Certified 
Recovery Support Specialist certified by the Illinois 
Certification Board. "Peer recovery coach" includes 
individuals with lived experiences of the issues the 
problem-solving court seeks to address, including, but not 
limited to, substance use disorder, mental illness, and 
co-occurring disorders or involvement with the criminal 
justice system. "Peer recovery coach" includes individuals 
required to guide and mentor the participant to successfully 
complete assigned requirements and to facilitate participants' 
independence for continued success once the supports of the 
court are no longer available to them. and certified by the 
court to guide and mentor the participant to successfully 
complete the assigned requirements. 
    "Post-adjudicatory veterans and servicemembers court 
program Veterans and Servicemembers Court Program" means a 
program that allows a defendant who in
which the defendant has 
admitted guilt or has been found guilty and agrees, with the 
defendant's consent, and the approval of the court, along with 
the
prosecution, to enter a veterans and servicemembers court 
Veterans and Servicemembers Court program as part of the 
defendant's
sentence or disposition.

    "Pre-adjudicatory veterans and servicemembers court 
program Veterans and Servicemembers Court Program" means a 
program that
allows the defendant, with the defendant's 
consent and the approval of the court, to enter the Veterans 
and Servicemembers Court program before plea, conviction, or 
disposition 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 Veterans and Servicemembers Court programs as part of 
the agreement.

    "Problem-Solving Court Standards" means the statewide 
standards adopted by the Supreme Court that set forth the 
minimum requirements for the planning, establishment, 
certification, operation, and evaluation of all 
problem-solving courts in this State.
    "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' 
Affairs.
    "VAC" means a veterans assistance commission. 
    "Validated clinical assessment" means a validated 
assessment tool administered by a qualified clinician to 
determine the treatment needs of participants. "Validated 
clinical assessment" includes assessment tools required by 
public or private insurance.
    "Veteran" means a person who previously served as an in 
the active servicemember military, naval, or air service and 
who
was discharged or released therefrom under conditions 
other than dishonorable.

    "Veterans and servicemembers court Servicemembers Court 
professional" means a member of the veterans and 
servicemembers court Veterans and
Servicemembers Court team, 
including, but not limited to, a judge, prosecutor, defense

attorney, probation officer, coordinator, treatment provider, 
or  peer recovery coach.

    "Veterans and servicemembers court", "veterans and 
servicemembers court program", "court", or "program" means a 
specially designated court, court calendar, or docket 
facilitating intensive therapeutic treatment to monitor and 
assist veteran or servicemember participants with substance 
use disorder, mental illness, co-occurring disorders, or other 
assessed treatment needs of eligible veteran and servicemember 
participants and in making positive lifestyle changes and 
reducing the rate of recidivism. Veterans and servicemembers 
court programs are nonadversarial in nature and bring 
Servicemembers Court" means a court or program with an 
immediate and
highly structured judicial intervention process 
for substance abuse treatment, mental health, or
other 
assessed treatment needs of eligible veteran and servicemember 
defendants that brings
together substance use disorder abuse 
professionals, mental health professionals, VA professionals, 
local
social programs, and intensive judicial monitoring in 
accordance with the nationally
recommended 10 key components 
of veterans treatment courts and the Problem-Solving Court 
Standards. Common features of a veterans and servicemembers 
court program include, but are not limited to, a designated 
judge and staff; specialized intake and screening procedures; 
coordinated treatment procedures administered by a trained, 
multidisciplinary professional team; close evaluation of 
participants, including continued assessments and modification 
of the court requirements and use of sanctions, incentives, 
and therapeutic adjustments to address behavior; frequent 
judicial interaction with participants; less formal court 
process and procedures; voluntary participation; and a low 
treatment staff-to-client ratio drug courts.


(Source: P.A. 99-314, eff. 8-7-15; 99-819, eff. 8-15-16.)
 
    (730 ILCS 167/15)
    Sec. 15. Authorization. 
    (a) The Chief Judge of each judicial circuit may shall 
establish a veterans
Veterans and servicemembers court 
Servicemembers Court program in compliance with the 
Problem-Solving Court Standards including a format under which 
it operates under
this Act. The veterans Veterans and 
servicemembers court Servicemembers Court may, at the 
discretion of the Chief Judge, be a
separate court or a program 
of a problem-solving court, including, but not limited to, a 
drug court, or mental health court, or a court for individuals 
with either substance use, mental health, or co-occurring 
disorders. At the discretion of the Chief
Judge, the Veterans 
and Servicemembers Court program may be operated in one or 
more counties in the
Circuit, and allow veteran and 
servicemember defendants from all counties within the Circuit 
to
participate.


    (b) Whenever the county boards of 2 or more counties 
within the same judicial circuit determine that a single 
veteran and servicemembers court program would best serve 
those counties, the county board of each such county may adopt 
a resolution to the effect that there shall be a single veteran 
and servicemembers court program serving those counties, and 
shall provide a copy of the resolution to the Chief Judge of 
the judicial circuit. Upon receipt of those resolutions, the 
Chief Judge may establish or, in the case of an existing 
veteran and servicemembers court program, reorganize a single 
program to serve those counties. 
(Source: P.A. 99-807, eff. 1-1-18; 100-88, eff. 1-1-18.)
 
    (730 ILCS 167/20)
    Sec. 20. Eligibility. Veterans and servicemembers 
Servicemembers are eligible for veterans Veterans and 
servicemembers courts
Servicemembers Courts, provided the 
following:

    (a) A defendant, who is eligible for probation based on 
the nature of the crime convicted of and in consideration of 
his or her criminal background, if any, may be admitted into a 
Veterans and Servicemembers Court program
before adjudication 
only upon the agreement of the defendant and with the approval 
of the Court.
A defendant may be admitted into a veterans 
Veterans and servicemembers court Servicemembers Court program 
post-adjudication only upon the consent of the defendant and 
with the approval of the court. A defendant agrees to be 
admitted when a written consent to participate is provided to 
the court in open court and the defendant acknowledges 
understanding of its contents. 
    (a-5) Each veterans and servicemembers court shall have a 
target population defined in its written policies and 
procedures. The policies and procedures shall define that 
court's eligibility and exclusionary criteria. 
    (b) A defendant shall be excluded from Veterans and 
Servicemembers Court program if
any of one of the following 
applies:

        (1) The crime is a crime of violence as set forth in 
    paragraph clause (3) of this subsection (b).
        (2) The defendant does not demonstrate a willingness 
    to participate in a treatment
program.

        (3) The defendant has been convicted of a crime of 
    violence within the past 5 10
years excluding 
    incarceration time, parole, and periods of mandatory 
    supervised release. As used in this paragraph, "crime of 
    violence" means: , including 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 kidnapping and kidnapping, aggravated battery 
    resulting in great bodily harm
or permanent disability, 
    aggravated domestic battery resulting in great bodily harm 
    or permanent disability, aggravated criminal sexual abuse 
    by a person in a position of trust or authority over a 
    child, stalking, aggravated stalking, home invasion, 
    aggravated vehicular hijacking, or any offense involving 
    the
discharge of a firearm.
        (4) The defendant is charged with a violation of 
    subparagraph (F) of paragraph (1) of subsection (d) of 
    Section 11-501 of the Illinois Vehicle Code in which an 
    individual is charged with aggravated driving under the 
    influence that resulted in the death of another person or 
    when the violation was a proximate cause of the death, 
    unless, pursuant to subparagraph (G) of paragraph (1) of 
    subsection (d) of Section 11-501 of the Illinois Vehicle 
    Code, the court determines that extraordinary 
    circumstances exist and require probation. (Blank).


        (5) (Blank).
        (6)(Blank). The sentence imposed on the defendant, 
    whether the result of a plea or a finding of guilt, renders 
    the defendant ineligible for probation.

    (c) Notwithstanding subsection (a), the defendant may be 
admitted into a veterans and servicemembers court program only 
upon the agreement of the prosecutor if the defendant is 
charged with a Class 2 or
greater felony violation of:
            (1) Section 401, 401.1, 405, or 405.2 of the

        Illinois Controlled Substances Act;
            (2) Section 5, 5.1, or 5.2 of the Cannabis
Control 
        Act; or
            (3) Section 15, 20, 25, 30, 35, 40, 45, 50, 55,
56, 
        or 65 of the Methamphetamine Control and Community 
        Protection Act. 
(Source: P.A. 100-426, eff. 1-1-18; 101-652, eff. 7-1-21.)
 
    (730 ILCS 167/25)

    Sec. 25. Procedure. 
    (a) A The Court shall order the defendant to submit to an 
eligibility screening and clinical needs and an
assessment and 
risk assessment of the defendant shall be performed as 
required by the court's policies and procedures prior to the 
defendant's admission into a veteran and servicemembers court. 
The assessment shall be conducted through the VA, VAC, and/or 
the IDVA to provide information on the defendant's veteran
or 
servicemember status.

    Any risk assessment shall be performed using an assessment 
tool approved by the Administrative Office of the Illinois 
Courts and as required by the court's policies and procedures. 
    (b) A The Court shall order the defendant to submit to an 
eligibility screening and mental
health and substance use 
disorder drug/alcohol screening and assessment of the 
defendant shall be performed by the VA, VAC, or by the IDVA, or 
as otherwise outlined and as required by the court's policies 
and procedures to
provide assessment services for Illinois 
Courts. The assessment shall include, but is not limited to, 
assessments of substance use and mental and behavioral health 
needs. The clinical needs assessment shall be administered by 
a qualified professional of the VA, VAC, or IDVA, or 
individuals who meet the Department of Human Services 
substance use prevention and recovery   rules for professional 
staff under 77 Ill. Adm. Code 2060, or an equivalent standard 
in any other state where treatment may take place, and used to 
inform any clinical treatment plans. Clinical treatment plans 
shall be developed, in accordance with the Problem-Solving 
Court Standards and a risks
assessment and be based, in part, 
upon the known availability of treatment resources available 
to
the veterans Veterans and servicemembers court 
Servicemembers Court. The assessment shall also include 
recommendations
for treatment of the conditions which are 
indicating a need for treatment under the monitoring
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 Court finds a valid screening or and/or 
assessment related to
the present charge pending against the 
defendant has been completed within the previous 60
days.

    (c) The judge shall inform the defendant that if the 
defendant fails to meet the conditions
of the veterans 
Veterans and servicemembers court 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 Court as to the defendant's 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.

    (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 Court may order the participant to 
complete mental health counseling or substance use disorder 
treatment in an outpatient or residential treatment program 
and may order the participant to comply with physicians' 
recommendations regarding medications and all follow-up 
treatment for any mental health diagnosis made by the 
provider. Substance use disorder treatment programs must be 
licensed by the Department of Human Services in accordance 
with the Department of Human Services substance use prevention 
and recovery rules, or an equivalent standard in any other 
state where the treatment may take place, and use 
evidence-based treatment. When referring participants to 
mental health treatment programs, the court shall prioritize 
providers certified as community mental health or behavioral 
health centers if possible. The court shall consider the least 
restrictive treatment option when ordering mental health or 
substance use disorder treatment for participants and the 
results of clinical and risk assessments in accordance with 
the Problem-Solving Court Standards. defendant to complete 
substance
abuse treatment in an outpatient, inpatient, 
residential, or jail-based custodial treatment program,
order 
the defendant to complete mental health counseling in an 
inpatient or outpatient basis,
comply with physicians' 
recommendation regarding medications and all follow up 
treatment.
This treatment may include but is not limited to 
post-traumatic stress disorder, traumatic brain
injury and 
depression.
    (e-5) The veterans and servicemembers court shall include 
a regimen of graduated requirements, including individual and 
group therapy, substance analysis testing, close monitoring by 
the court, supervision of progress, restitution, educational 
or vocational counseling as appropriate, and other 
requirements necessary to fulfill the veterans and 
servicemembers court program. Program phases, therapeutic 
adjustments, incentives, and sanctions, including the use of 
jail sanctions, shall be administered in accordance with 
evidence-based practices and the Problem-Solving Court 
Standards. If the participant needs treatment for an opioid 
use disorder or dependence, the court may not prohibit the 
participant from receiving medication-assisted treatment under 
the care of a physician licensed in this State to practice 
medicine in all of its branches. Veterans and servicemembers 
court participants may not be required to refrain from using 
medication-assisted treatment as a term or condition of 
successful completion of the veteran and servicemembers court 
program.
    (e-10) Recognizing that individuals struggling with mental 
health, substance use, and related co-occurring disorders have 
often experienced trauma, veterans and servicemembers court 
programs may include specialized service programs specifically 
designed to address trauma. These specialized services may be 
offered to individuals admitted to the veterans and 
servicemembers court program. Judicial circuits establishing 
these specialized programs shall partner with advocates, 
survivors, and service providers in the development of the 
programs. Trauma-informed services and programming shall be 
operated in accordance with evidence-based best practices as 
outlined by the Substance Abuse and Mental Health Service 
Administration's National Center for Trauma-Informed Care 
(SAMHSA).


    (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. Peer 
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; 99-819, eff. 8-15-16.)
 
    (730 ILCS 167/30)

    Sec. 30. Mental health and substance use disorder abuse 
treatment. 
    (a) The veterans Veterans and servicemembers court 
Servicemembers Court program may maintain a network of

substance use disorder  abuse treatment programs representing a 
continuum of graduated substance use disorder  abuse
treatment 
options commensurate with the needs of participants  
defendants; these shall include programs with
the VA, IDVA, a 
VAC, the State, of Illinois and community-based programs 
supported and sanctioned by
either or both.

    (b) Any substance use disorder abuse treatment program to 
which participants  defendants are referred must hold a valid 
license from the Department of Human Services Division of 
Substance Use Prevention and Recovery, use evidence-based 
treatment, and deliver all services in accordance with 77 Ill. 
Adm. code 2060, including services available through the VA, 
IDVA or VAC, or an equivalent standard in any other state where 
treatment may take place meet
all of the rules and governing 
programs in Parts 2030 and 2060 of Title 77 of the Illinois

Administrative Code.

    (c) The veterans Veterans and servicemembers court 
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 Veterans and servicemembers court 
Servicemembers Court program may maintain or collaborate with 
a
network of mental health treatment programs and, if it is a 
co-occurring mental health and
substance use disorders  abuse 
court program, a network of substance use disorder abuse 
treatment programs representing a
continuum of treatment 
options commensurate with the needs of the participant  
defendant and available
resources including programs with the 
VA, the IDVA, a VAC, and the State of Illinois. When not using 
mental health treatment or services available through the VA, 
IDVA, or VAC, partnerships with providers certified as 
community mental health or behavioral health centers shall be 
prioritized, as possible.


(Source: P.A. 99-819, eff. 8-15-16.)
 
    (730 ILCS 167/35)

    Sec. 35. Violation; termination; dismissal from the 
program discharge. 
    (a) If the court finds from the evidence presented, 
including, but not limited to, the reports or proffers of 
proof from the veterans and servicemembers court 
professionals, that: (1) the participant is not complying with 
the requirements of the treatment program; or (2) the 
participant has otherwise violated the terms and conditions of 
the program, the court may impose reasonable sanctions under 
the prior written agreement of the participant, including, but 
not limited to, imprisonment or dismissal of the participant 
from the program and the court may reinstate criminal 
proceedings against the participant or proceed under Section 
5-6-4 of the Unified Code of Corrections for a violation of 
probation, conditional discharge, or supervision hearing. If 
the Court finds from the evidence presented including but not 
limited to the reports
or proffers of proof from the Veterans 
and Servicemembers 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.
    (a-5) Based on the evidence presented, the court shall 
determine whether the participant has violated the conditions 
of the program and whether the participant should be dismissed 
from the program or whether, pursuant to the court's policies 
and procedures, some other alternative may be appropriate in 
the interests of the participant and the public.
    (a-10) A participant who is assigned to a substance use 
disorder treatment program under this Act for an opioid use 
disorder is not in violation of the terms or conditions of the 
program on the basis of participation in medication-assisted 
treatment under the care of a physician licensed in this State 
to practice medicine in all of its branches.
    (a-15) A participant may voluntarily withdraw from the 
veterans and servicemembers court program in accordance with 
the program's policies and procedures. Prior to allowing the 
participant to withdraw, the judge shall:
            (1)  ensure that the participant has the right to 
        consult with counsel prior to withdrawal;
            (2) determine in open court that the withdrawal is 
        made voluntarily and knowingly; and
            (3) admonish the participant in open court as to 
        the consequences, actual or potential, which can 
        result from withdrawal. 
    Upon withdrawal, the criminal proceedings may be 
reinstated against the participant or proceedings may be 
initiated under Section 5-6-4 of the Unified Code of 
Corrections for a violation of probation, conditional 
discharge, or supervision hearing.
    (a-20) A participant who has not violated the conditions 
of the program in such a way as to warrant unsuccessful 
dismissal, but who is unable to complete program requirements 
to qualify for a successful discharge, may be terminated from 
the program as a neutral discharge. 
    (b) Upon successful completion of the terms and conditions 
of the program, the court Court
may dismiss the original 
charges against the participant defendant or successfully 
terminate the participant's defendant's
sentence or otherwise 
discharge the participant him or her from any further 
proceedings against the participant him or her in
the original 
prosecution.


    (c) Upon successful completion of the terms and conditions 
of the program, any State's Attorney in the county of 
conviction, a participant, or defense attorney may move to 
vacate any convictions that are eligible for sealing under the 
Criminal Identification Act. A participant may immediately 
file a petition to expunge vacated convictions and the 
associated underlying records per the Criminal Identification 
Act. If the State's Attorney moves to vacate a conviction, the 
State's Attorney may not object to expungement of that 
conviction or the underlying record.
    (d) Veterans and servicemembers court programs may 
maintain or collaborate with a network of legal aid 
organizations that specialize in conviction relief to support 
participants navigating the expungement and sealing process. 
(Source: P.A. 96-924, eff. 6-14-10.)
 
    (730 ILCS 167/40 new)
    Sec. 40. Education for judges. A judge assigned to preside 
over a veteran and servicemembers court shall have experience, 
training, and continuing education in topics including, but 
not limited to:
        (1) criminal law;
        (2) behavioral health;
        (3) confidently;
        (4) ethics;
        (5) evidence-based practices;
        (6) substance use disorders;
        (7) mental illness;
        (8) co-occurring disorders; and
        (9) presiding over various types of problem-solving 
    courts.
 
    (730 ILCS 167/45 new)
    Sec. 45. Education seminars for veterans and 
servicemembers court prosecutors. Subject to appropriation, 
the Office of the State's Attorneys Appellate Prosecutor shall 
conduct mandatory education seminars for all prosecutors 
serving in veterans and servicemembers courts throughout the 
State to ensure that the problem-solving court maintains 
fidelity to the problem-solving court model. Topics include, 
but are not limited to, evidence-based screening, assessment 
and treatment practices, target population, substance use 
disorders, mental illness, disability, co-occurring disorders, 
trauma, confidentiality, criminogenic risks and needs, 
incentives and sanctions, court processes, limited English 
proficiency, military culture and language, and team dynamics.
 
    (730 ILCS 167/50 new)
    Sec. 50. Education seminars for veteran and servicemembers 
court public defenders. Subject to appropriation, the Office 
of the State Appellate Defender shall conduct mandatory 
education seminars for all public defenders and assistant 
public defenders practicing in veterans and servicemembers 
courts throughout the State to ensure that the problem-solving 
court maintains fidelity to the problem-solving court model. 
Topics include, but are not limited to, evidence-based 
screening, assessment and training practices, target 
population, substance use disorders, mental illness, 
disability, co-occurring disorders, trauma, confidentiality, 
criminogenic risks and needs, incentives and sanctions, court 
processes, limited English proficiency, military culture and 
language, and team dynamics.
 
    Section 15. The Mental Health Court Treatment Act is 
amended  by changing Sections 5, 10, 15, 20, 25, 30, and 35 and  
by adding Sections 41, 45, and 50 as follows:
 
    (730 ILCS 168/5)

    Sec. 5. Purposes. The General Assembly recognizes that 
individuals with diagnosable mental illness may come into 
contact with the criminal justice system and be charged with 
felony or misdemeanor offenses a large percentage of criminal 
defendants have a diagnosable mental illness and that mental 
illnesses have a dramatic effect on the criminal justice 
system in the State of Illinois. The General Assembly also 
recognizes that mental illness and substance use disorders 
abuse problems co-occur in a substantial percentage of 
criminal defendants.  There is a critical need for the a 
criminal justice system to recognize individuals struggling 
with these issues, provide alternatives to incarceration to 
address mental illness, and provide appropriate access to 
treatment and support to such individuals. program that will 
reduce the number of persons with mental illnesses and with 
co-occurring mental illness and substance abuse problems in 
the criminal justice system, reduce recidivism among persons 
with mental illness and with co-occurring mental illness and 
substance abuse problems, provide appropriate treatment to 
persons with mental illnesses and co-occurring mental illness 
and substance abuse problems  and reduce the incidence of 
crimes committed as a result of mental illnesses or 
co-occurring mental illness and substance abuse problems. It 
is the intent of the General Assembly to create specialized 
mental health courts in accordance with evidence-based 
practices and Problem-Solving Court Standards for addressing 
substance use and co-occurring disorders with the necessary 
flexibility to meet the needs for an array of services and 
supports among participants in certified mental health court 
programs problems of criminal defendants with mental illnesses 
and co-occurring mental illness and substance abuse problems 
in the State of Illinois.





(Source: P.A. 95-606, eff. 6-1-08.)
 
    (730 ILCS 168/10)

    Sec. 10. Definitions. As used in this Act:
    "Certification" means the process by which a 
problem-solving court obtains approval from the Supreme Court 
to operate in accordance with the Problem-Solving Court 
Standards.
    "Clinical treatment plan" means an evidence-based, 
comprehensive, and individualized plan that: (i) is developed 
by a qualified professional in accordance with Department of 
Human Services substance use prevention and recovery   rules 
under 77 Ill. Adm. Code 2060 or an equivalent standard in any 
state where treatment may take place; and (ii) defines the 
scope of treatment services to be delivered by a court 
treatment provider.
    "Combination mental health court program" means a type of 
problem-solving court that allows an individual to enter a 
problem-solving court before a plea, conviction, or 
disposition while also permitting an individual who has 
admitted guilt, or been found guilty, to enter a 
problem-solving court as a part of the individual's sentence 
or disposition. 
    "Community behavioral health center" means a physical site 
where behavioral healthcare services are provided in 
accordance with the Community Behavioral Health Center 
Infrastructure Act. 
    "Community mental health center" means an entity:
        (1) licensed by the Department of Public Health as a 
    community mental health center in accordance with the 
    conditions of participation for community mental health 
    centers established by the Centers for Medicare and 
    Medicaid Services; and
        (2) that provides outpatient services, including 
    specialized outpatient services, for individuals who are 
    chronically mental ill.
    "Co-occurring mental health and substance use disorders 
court program" means a program that includes an individual 
with co-occurring mental illness and substance use disorder 
diagnoses and professionals with training and experience in 
treating individuals with diagnoses of substance use disorder 
and mental illness. 
    "Mental health court", "mental health court program", 
"court", or "program" means a specially designated court, 
court calendar, or docket facilitating intensive therapeutic 
treatment to monitor and assist participants with mental 
illness in making positive lifestyle changes and reducing the 
rate of recidivism. Mental health court programs are 
nonadversarial in nature and bring together mental health 
professionals and local social programs in accordance with the 
Bureau of Justice Assistance and Council of State Governments 
Justice Center's Essential Elements of a Mental Health Court 
and the Problem-Solving Court Standards. Common features of a 
mental health court program include, but are not limited to, a 
designated judge and staff; specialized intake and screening 
procedures; coordinated treatment procedures administered by a 
trained, multidisciplinary professional team; close evaluation 
of participants, including continued assessments and 
modification of the court requirements and use of sanctions, 
incentives, and therapeutic adjustments to address behavior; 
frequent judicial interaction with participants; less formal 
court process and procedures; voluntary participation; and a 
low treatment staff-to-client ratio. structured judicial 
intervention process for mental health treatment of eligible 
defendants that brings together mental health professionals, 
local social programs, and intensive judicial monitoring.
    "Mental health court professional" means a member of the 
mental health court team, including
but not limited to a 
judge, prosecutor, defense attorney, probation officer, 
coordinator, or treatment provider, or peer recovery coach.
    "Peer recovery coach" means a mentor assigned to a 
defendant during participation in a mental health treatment 
court program who has been trained by the court, a service 
provider used by the court for substance use disorder or 
mental health treatment, a local service provider with an 
established peer recovery coach or mentor program not 
otherwise used by the court for treatment, or a Certified 
Recovery Support Specialist certified by the Illinois 
Certification Board. "Peer recovery coach" includes 
individuals with lived experiences of the issues the 
problem-solving court seeks to address, including, but not 
limited to, substance use disorder, mental illness, and 
co-occurring disorders or involvement with the criminal 
justice system. "Peer recovery coach" includes individuals 
required to guide and mentor the participant to successfully 
complete assigned requirements and to facilitate participants' 
independence for continued success once the supports of the 
court are no longer available to them.
    "Post-adjudicatory mental health court program" means a 
program that allows an individual who has admitted
guilt
or 
has been found guilty, with the defendant's consent, and the 
approval of the court, to enter a
mental health
court program 
as part of the defendant's sentence or disposition. 
    "Pre-adjudicatory mental health court program" means a 
program that allows
the defendant,
with the defendant's 
consent and the approval of the court, to enter the mental 
health court program before plea, conviction, or disposition 
and requires successful
completion of the mental health court 
program as part of the agreement. 
    "Problem-Solving Court Standards" means the statewide 
standards adopted by the Supreme Court that set forth the 
minimum requirements for the planning, establishment, 
certification, operation, and evaluation of all 
problem-solving courts in this State.
    "Validated clinical assessment" means a validated 
assessment tool administered by a qualified clinician to 
determine the treatment needs of participants. "Validated 
clinical assessment" includes assessment tools required by 
public or private insurance.
    "Pre-adjudicatory mental health 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 mental health court program as 
part of the agreement.
    "Post-adjudicatory mental health 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 mental health court program as part of the defendant's 
sentence.
    "Combination mental health court program" means a mental 
health court program that

includes a pre-adjudicatory mental 
health court program and a post-adjudicatory mental health 
court program.
    "Co-occurring mental health and substance abuse court 
program" means a program that includes persons with 
co-occurring mental illness and substance abuse problems. Such 
programs

shall include professionals with training and 
experience in treating persons with substance abuse problems 
and mental illness.



(Source: P.A. 97-946, eff. 8-13-12.)
 
    (730 ILCS 168/15)

    Sec. 15. Authorization.
    (a) The Chief Judge of each judicial circuit may establish 
a mental health court program, in compliance with the 
Problem-Solving Court Standards. At the discretion of the 
Chief Judge, the mental health court program may be operated 
in one or more counties of the circuit and allow defendants 
from all counties within the circuit to participate. Mental 
health court programs must be certified by the Supreme Court 
including the format under which it operates under this Act.


    (b) Whenever the county boards of 2 or more counties 
within the same judicial circuit determine that a single 
mental health court program would best serve those counties, 
the county board of each such county may adopt a resolution to 
the effect that there shall be a single mental health court 
program serving those counties, and shall provide a copy of 
the resolution to the Chief Judge of the judicial circuit. 
Upon receipt of such a  resolution, the Chief Judge may 
establish or, in the case of an existing mental health court 
program, reorganize a single mental health court program to 
serve these counties. 
(Source: P.A. 95-606, eff. 6-1-08.)
 
    (730 ILCS 168/20)
    Sec. 20. Eligibility. 
    (a) A defendant, who is eligible for probation based on 
the nature of the crime convicted of and in consideration of 
his or her criminal background, if any, may be admitted into a 
mental health court program only upon the consent agreement of 
the defendant and with the approval of the court. A defendant 
agrees to be admitted when a written consent to participate is 
provided to the court in open court and the defendant 
acknowledges understanding its contents. 
    (a-5) Each mental health court shall have a target 
population defined in its written policies and procedures. The 
policies and procedures shall define that court's eligibility 
and exclusionary criteria. 
    (b) A defendant shall be excluded from a mental health 
court program if any one of the following applies:
        (1) The crime is a crime of violence as set forth in 
    paragraph clause (3) of this subsection (b).
        (2) The defendant does not demonstrate a willingness 
    to participate in a treatment program.
        (3) The defendant has been convicted of a crime of 
    violence within the past 5 10 years excluding 
    incarceration time, parole, and periods of mandatory 
    supervised release. As used in this paragraph (3), "crime 
    of violence" means:  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 kidnapping, kidnapping, aggravated  battery 
    resulting in great bodily harm or permanent disability, 
    aggravated domestic battery resulting in great bodily harm 
    or permanent disability, aggravated criminal sexual abuse 
    by a person in a position of trust or authority over a 
    child, stalking, aggravated stalking, home invasion, 
    aggravated vehicular hijacking, or any offense involving 
    the discharge of a firearm.
        (4) The defendant is charged with a violation of 
    subparagraph (F) of paragraph (1) of subsection (d) of 
    Section 11-501 of the Illinois Vehicle Code  in which an 
    individual is charged with aggravated driving under the 
    influence that resulted in the death of another person or 
    when the violation was a proximate cause of the death, 
    unless, pursuant to subparagraph (G) of paragraph (1) of 
    subsection (d) of Section 11-501 of the Illinois Vehicle 
    Code, the court determines that extraordinary 
    circumstances exist and require probation. (Blank).
        (5) (Blank).
        (6) (Blank). The sentence imposed on the defendant, 
    whether the result of a plea or a finding of guilt, renders 
    the defendant ineligible for probation.



    (c) Notwithstanding subsection (a), the defendant may be 
admitted into a mental health court program only upon the 
agreement of the prosecutor if the defendant is charged with a 
Class 2 or greater felony violation of:
        (1) Section 401, 401.1, 405, or 405.2 of the Illinois 
    Controlled Substances Act;
        (2) Section 5, 5.1, or 5.2 of the Cannabis Control 
    Act; or
        (3) Section 15, 20, 25, 30, 35, 40, 45, 50, 55, 56, or 
    65 of the Methamphetamine Control and Community Protection 
    Act.
    A defendant charged with prostitution under Section 11-14 
of the Criminal Code of 2012 may be admitted into a mental 
health court program, if available in the jurisdiction and 
provided that the requirements in subsections (a) and (b) are 
satisfied.  Mental health court programs may include 
specialized service programs specifically designed to address 
the trauma associated with prostitution and human trafficking, 
and may offer those specialized services to defendants 
admitted to the mental health court program. Judicial circuits 
establishing these specialized programs shall partner with 
prostitution and human trafficking advocates, survivors, and 
service providers in the development of the programs. 
(Source: P.A. 100-426, eff. 1-1-18; 101-652, eff. 7-1-21.)
 
    (730 ILCS 168/25)

    Sec. 25. Procedure. 
    (a) An The court shall require an eligibility screening 
and an assessment of the defendant shall be performed as 
required by the court's policies and procedures. The 
assessment shall include a validated clinical assessment. The 
clinical assessment shall include, but is not limited to, 
assessments of substance use and mental and behavioral health 
needs. The clinical assessment shall be administered by a 
qualified professional and used to inform any clinical 
treatment plans. Clinical treatment plans shall be developed, 
in part, upon the known availability of treatment resources 
available. Assessments for substance use disorder shall be 
conducted in accordance with the Department of Human Services 
substance use prevention and recovery   rules contained in 77 
Ill. Adm. Code 2060 or an equivalent standard in any other 
state where treatment may take place, and conducted by 
individuals who meet the Department of Human Services 
substance use prevention and recovery   rules for professional 
staff also contained within that Code, or an equivalent 
standard in any other state where treatment may take place. 
The assessments shall be used to inform any clinical treatment 
plans. Clinical treatment plans shall be developed in 
accordance with Problem-Solving Court Standards and, in part, 
upon the known availability of treatment resources. 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 requirements of the 
mental health 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 participant to complete 
mental health counseling or substance use disorder treatment 
in an outpatient or residential treatment program and may 
order the participant to comply with physicians' 
recommendations regarding medications and all follow-up 
treatment for any mental health diagnosis made by the 
provider. Substance use disorder treatment programs must be 
licensed by the Department of Human Services in accordance 
with the Department of Human Services substance use prevention 
and recovery rules, or an equivalent standard in any other 
state where the treatment may take place, and use 
evidence-based treatment. When referring participants to 
mental health treatment programs, the court shall prioritize 
providers certified as community mental health or behavioral 
health centers if possible. The court shall consider the least 
restrictive treatment option when ordering mental health or 
substance use disorder treatment for participants and the 
results of clinical and risk assessments in accordance with 
the Problem-Solving Court Standards. defendant to complete 
mental health or 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 mental health court program shall may include a 
regimen of graduated requirements, including and rewards and 
sanctions, including but not limited to: fines, fees, costs, 
restitution, incarceration of up to 180 days, individual and 
group therapy, medication, substance drug analysis testing, 
close monitoring by the court, and supervision of progress, 
restitution, educational or vocational counseling as 
appropriate, and other requirements necessary to fulfill the 
mental health court program. Program phases, therapeutic 
adjustments, incentives, and sanctions, including the use of 
jail sanctions, shall be administered in accordance with 
evidence-based practices and the Problem-Solving Court 
Standards. A participant's failure to pay program fines or 
fees shall not prevent the participant from advancing phases 
or successfully completing the program. If the participant 
needs treatment for an opioid use disorder or dependence, the 
court may not prohibit the participant from receiving 
medication-assisted treatment under the care of a physician 
licensed in this State to practice medicine in all of its 
branches. Mental health court participants may not be required 
to refrain from using medication-assisted treatment as a term 
or condition of successful completion of the mental health 
court program.





    (f) The mental health court program may maintain or 
collaborate with a network of mental health treatment programs 
and, if it is a co-occurring mental health and substance use 
disorders court program, a network of substance use disorder 
treatment programs representing a continuum of treatment 
options commensurate with the needs of the participant and 
available resources, including programs of this State.
    (g) Recognizing that individuals struggling with mental 
health, addiction, and related co-occurring disorders have 
often experienced trauma, mental health court programs may 
include specialized service programs specifically designed to 
address trauma. These specialized services may be offered to 
individuals admitted to the mental health court program. 
Judicial circuits establishing these specialized programs 
shall partner with advocates, survivors, and service providers 
in the development of the programs. Trauma-informed services 
and programming shall be operated in accordance with 
evidence-based best practices as outlined by the Substance 
Abuse and Mental Health Service Administration's National 
Center for Trauma-Informed Care.
    (h) 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 mentors and local 
mental health and substance use disorder treatment 
organizations. 
(Source: P.A. 95-606, eff. 6-1-08.)
 
    (730 ILCS 168/30)

    Sec. 30. Mental health and substance use disorder abuse 
treatment. 
    (a) The mental health court program may maintain or 
collaborate with a network of mental

health treatment programs 
and, if it is a co-occurring mental health and substance use 
disorders abuse court program, a network of substance use 
disorder abuse treatment programs representing a continuum of 
treatment options commensurate with the needs of participants 
defendants and available resources.
    (b) Any substance use disorder abuse treatment program to 
which participants defendants are referred must hold a valid 
license from the Department of Human Services Division of 
Substance Use Prevention and Recovery, use evidence-based 
treatment, and deliver all services in accordance with  77 Ill. 
Adm. Code 2060, including services available through the 
United States Department of Veterans Affairs, the Illinois 
Department of Veterans Affairs, or the  Veterans Assistance 
Commission, or an equivalent standard in any other state where 
treatment may take place meet all of the rules and governing 
programs in Parts 2030 and 2060 of Title 77 of the Illinois 
Administrative Code.
    (c) The mental health court program may, at its 
discretion, employ additional services or interventions, as it 
deems necessary on a case by case basis.


(Source: P.A. 95-606, eff. 6-1-08.)
 
    (730 ILCS 168/35)

    Sec. 35. Violation; termination; dismissal from program 
discharge.
 
     (a) If the court finds from the evidence presented, 
including, but not limited to, the reports or proffers of 
proof from the mental health court professionals, that: (1) 
the participant is not complying with the requirements of the 
treatment program; or (2) the participant has otherwise 
violated the terms and conditions of the program, the court 
may impose reasonable sanctions under the prior written 
agreement of the participant, including, but not limited to, 
imprisonment or dismissal of the defendant from the program 
and the court may reinstate criminal proceedings against the 
participant or proceed under Section 5-6-4 of the Unified Code 
of Corrections for a violation of probation, conditional 
discharge, or supervision hearing. If the court finds from the 
evidence presented, including but not limited to the reports 
or proffers of proof from the mental health court 
professionals that:
        (1) the defendant is not performing satisfactorily in 
    the assigned program;
        (2) the defendant is not benefiting 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.
    (a-5) Based on the evidence presented, the court shall 
determine whether the participant has violated the conditions 
of the program and whether the participant should be dismissed 
from the program or whether, pursuant to the court's policies 
and procedures, some other alternative may be appropriate in 
the interests of the participant and the public.
    (a-10) A participant may voluntarily withdraw from the 
mental health court program in accordance with the mental 
health court program's policies and procedures. Prior to 
allowing the participant to withdraw, the judge shall:
            (1) ensure that the participant has the right to 
        consult with counsel prior to withdrawal;
            (2) determine in open court that the withdrawal is 
        made voluntarily and knowingly; and
            (3) admonish the participant in open court, as to 
        the consequences, actual or potential, which can 
        result from withdrawal.
    Upon withdrawal, the criminal proceedings may be 
reinstated against the participant or proceedings may be 
initiated under Section 5-6-4 of the Unified Code of 
Corrections for a violation of probation, conditional 
discharge, or supervision hearing.
    (a-15)

     No participant defendant may be dismissed from the 
program unless, prior to such dismissal, the participant 
defendant is informed in writing: (i) of the reason or reasons  
for the dismissal; (ii) the evidentiary basis supporting the 
reason or reasons for the dismissal; (iii) that the 
participant defendant has a right to a hearing at

which he or 
she may present evidence supporting his or her continuation in 
the program. Based upon the evidence presented, the court 
shall determine whether the defendant has violated the 
conditions of the program and whether the defendant should be 
dismissed from the program or whether some other alternative 
may be appropriate in the interests of the defendant and the 
public.
    (a-20) A participant who has not violated the conditions 
of the  program in such a way as to warrant unsuccessful 
dismissal, but who is unable to complete program requirements 
to qualify for a successful discharge, may be terminated from 
the program as a neutral discharge. 
    (b) Upon successful completion of the terms and conditions 
of the program, the court may dismiss the original charges 
against the participant defendant or successfully terminate 
the participant's defendant's sentence or otherwise discharge 
the participant him or her from the program or from any further 
proceedings against the participant him or her in the original 
prosecution.





    (c) Upon successful completion of the terms and conditions 
of the program, any State's Attorney in the county of 
conviction, a participant, or defense attorney may move to 
vacate any convictions that are eligible for sealing under the 
Criminal Identification Act. A participant may immediately 
file a petition to expunge vacated convictions and the 
associated underlying records per the Criminal Identification 
Act. If the State's Attorney moves to vacate a conviction, the 
State's Attorney may not object to expungement of that 
conviction or the underlying record.
    (d) The mental health court program may maintain or 
collaborate with a network of legal aid organizations that 
specialize in conviction relief to support participants 
navigating the expungement and sealing process. 
(Source: P.A. 95-606, eff. 6-1-08.)
 
    (730 ILCS 168/41 new)
    Sec. 41. Education seminars for judges. A judge assigned 
to preside over a mental health court  shall have experience, 
training, and continuing education in topics including, but 
not limited to:
        (1) criminal law;
        (2) behavioral health;
        (3) confidently;
        (4) ethics;
        (5) evidence-based practices;
        (6) substance use disorders;
        (7) mental illness;
        (8) co-occurring disorders; and
        (9) presiding over various types of problem-solving 
    courts.
 
    (730 ILCS 168/45 new)
    Sec. 45. Education seminars for mental health court 
prosecutors. Subject to appropriation, the Office of the 
State's Attorneys Appellate Prosecutor shall conduct mandatory 
education seminars for all prosecutors serving in mental 
health courts throughout the State to ensure that the 
problem-solving court maintains fidelity to the 
problem-solving court model. Topics include, but are not 
limited to, evidence-based screening, assessment and treatment 
practices, target population, substance use disorders, mental 
illness, disability, co-occurring disorders, trauma,  
confidentiality, criminogenic risks and needs, incentives and 
sanctions, court processes, limited English proficiency, and 
team dynamics.
 
    (730 ILCS 168/50 new)
    Sec. 50. Education seminars for mental health court public

defenders. Subject to appropriation, the Office of the State 
Appellate Defender shall conduct mandatory education seminars 
for all public defenders and assistant public defenders 
practicing in mental health courts throughout the State to 
ensure that the problem-solving court maintains fidelity to 
the problem-solving court model. Topics include, but are not 
limited to, evidence-based screening, assessment and treatment 
practices, target population, substance use disorders, mental 
illness, disability, co-occurring disorders, trauma, 
confidentiality, criminogenic risks and needs, incentives and 
sanctions, court
processes, limited English proficiency, and 
team dynamics.
 
    (730 ILCS 168/40 rep.)
    Section 20. The Mental Health Court Treatment Act is 
amended by repealing Section 40.
 

    Section 99. Effective date. This Act takes effect upon 
becoming law.