Public Act 099-0554
 
HB5594 EnrolledLRB099 16470 RLC 40804 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 25 and 35 as follows:
 



    (730 ILCS 166/25)



    Sec. 25. Procedure. 

    (a) The court shall order an eligibility screening and an 
assessment of the
defendant by an agent designated by the State 
of Illinois to provide assessment
services for the Illinois 
Courts.  An assessment need not be ordered if the
court finds a 
valid assessment related to the present charge pending against

the defendant has been completed within the previous 60 days.

    (b) The judge shall inform the defendant that if the 
defendant fails to
meet the conditions of the drug court 
program, eligibility to participate in
the
program may be 
revoked and the defendant may be sentenced or the prosecution

continued as provided in
the
Unified Code of Corrections for 
the crime charged.

    (c) The defendant shall execute a written agreement as to 
his or her
participation in the program and shall agree to all 
of the terms and conditions
of the program, including but not 
limited to the possibility of sanctions or
incarceration for 
failing to abide or comply with the terms of the program.

    (d) In addition to any conditions authorized under the 
Pretrial Services
Act and Section 5-6-3 of the Unified Code of 
Corrections, the court may order
the defendant to complete 
substance abuse treatment in an outpatient,
inpatient,

residential, or jail-based custodial treatment program. Any 
period of time a
defendant shall serve in a jail-based 
treatment program may not be reduced by
the accumulation of 
good time or other credits and may be for a period of up to
120 
days.

    (e) The drug court program shall include a regimen of 
graduated
requirements and rewards and sanctions, including 
but not limited to: fines,
fees, costs, restitution, 
incarceration of up to 180 days, individual and group
therapy, 
drug
analysis testing, close monitoring by the court at a 
minimum of once every 30
days
and supervision of progress, 
educational or vocational counseling as
appropriate, and other

requirements necessary to fulfill the drug court program. If 
the defendant needs treatment for opioid abuse or dependence, 
the court may not prohibit the defendant from participating in 
and
receiving 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 treatment as a term or 
condition of successful completion of the drug court program. 

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

 



    (730 ILCS 166/35)



    Sec. 35. Violation; termination; discharge. 

    (a) If the court finds from the evidence presented 
including but not limited
to the reports or
proffers of proof 
from the drug court professionals that:


        (1) the defendant is not performing
satisfactorily
in 
    the assigned program;


        (2) the defendant is not benefitting from education,

    treatment, or rehabilitation;


        (3) the defendant has engaged in criminal
conduct

    rendering him or her unsuitable for the program; or


        (4) the defendant has
otherwise
violated the terms and 
    conditions of the program or his or her sentence or is
for 
    any reason unable to participate;

the court may impose reasonable sanctions
under prior written 
agreement of the defendant, including but not limited to

imprisonment or dismissal of the defendant from the program and 
the court may
reinstate
criminal proceedings against him or her 
or proceed under Section 5-6-4 of the
Unified Code of 
Corrections for a violation of probation,
conditional 
discharge,
or supervision hearing.
    (a-5)  A defendant who is assigned to a substance abuse 
treatment program under this Act for opioid 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 
treatment under the care of a  physician licensed  in this State 
to practice medicine in all of its branches. 

    (b) Upon successful completion of the terms and conditions 
of the program,
the
court may dismiss the original charges 
against the defendant or successfully
terminate the 
defendant's sentence or otherwise discharge him or her from any

further proceedings against him or her in the original 
prosecution.

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