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Public Act 099-0819
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| SB3401 Enrolled | LRB099 21152 WGH 46462 b |
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
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Section 5. The Veterans and Servicemembers Court
Treatment |
Act is amended by changing Sections 10, 25, and 30 as follows:
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(730 ILCS 167/10)
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Sec. 10. Definitions. In this Act: |
"Combination Veterans and Servicemembers Court program" |
means a court program that
includes a pre-adjudicatory and a |
post-adjudicatory Veterans and Servicemembers court
program.
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"Court" means Veterans and Servicemembers Court. |
"IDVA" means the Illinois Department of Veterans' Affairs. |
"Peer recovery coach" means a volunteer veteran mentor |
assigned to a veteran or servicemember during participation in |
a veteran treatment court program who has been trained and |
certified by the court to guide and mentor the participant to |
successfully complete the assigned requirements. |
"Post-adjudicatory Veterans and Servicemembers Court |
Program" means a program in
which the defendant has admitted |
guilt or has been found guilty and agrees, along with the
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prosecution, to enter a Veterans and Servicemembers Court |
program as part of the defendant's
sentence.
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"Pre-adjudicatory Veterans and Servicemembers Court |
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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 Veterans and |
Servicemembers Court programs as part of the agreement.
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"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.
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"VA" means the United States Department of Veterans' |
Affairs. |
"VAC" means a veterans assistance commission. |
"Veteran" means a person who served in the active military, |
naval, or air service and who
was discharged or released |
therefrom under conditions other than dishonorable.
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"Veterans and Servicemembers Court professional" means a |
member of the Veterans and
Servicemembers Court team, including |
but not limited to a judge, prosecutor, defense
attorney, |
probation officer, coordinator, treatment provider, or peer |
recovery coach.
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"Veterans and 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 |
abuse professionals, mental health professionals, VA |
professionals, local
social programs and intensive judicial |
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monitoring in accordance with the nationally
recommended 10 key |
components of drug courts.
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(Source: P.A. 99-314, eff. 8-7-15.)
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(730 ILCS 167/25)
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Sec. 25. Procedure. |
(a) The Court shall order the defendant to submit to an |
eligibility screening and an
assessment through the VA, VAC, |
and/or the IDVA to provide information on the defendant's |
veteran
or servicemember status.
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(b) The Court shall order the defendant to submit to an |
eligibility screening and mental
health and drug/alcohol |
screening and assessment of the defendant by the VA, VAC, or by |
the IDVA to
provide assessment services for Illinois Courts. |
The assessment shall include a risks
assessment and be based, |
in part, upon the known availability of treatment resources |
available to
the Veterans and 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
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assessment need not be ordered if the Court finds a valid |
screening and/or assessment related to
the present charge |
pending against the defendant has been completed within the |
previous 60
days.
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(c) The judge shall inform the defendant that if the |
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defendant fails to meet the conditions
of the Veterans and |
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.
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(d) The defendant shall execute a written agreement with |
the Court as to his or her
participation in the program and |
shall agree to all of the terms and conditions of the program,
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including but not limited to the possibility of sanctions or |
incarceration for failing to abide or
comply with the terms of |
the program.
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(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 may order the 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.
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(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 |
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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.)
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(730 ILCS 167/30)
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Sec. 30. Mental health and substance abuse treatment. |
(a) The Veterans and Servicemembers Court program may |
maintain a network of
substance abuse treatment programs |
representing a continuum of graduated substance abuse
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treatment options commensurate with the needs of 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.
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(b) Any substance abuse treatment program to which |
defendants are referred must meet
all of the rules and |
governing programs in Parts 2030 and 2060 of Title 77 of the |
Illinois
Administrative Code.
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(c) The Veterans and Servicemembers Court program may, in |
its discretion, employ
additional services or interventions, |
as it deems necessary on a case by case basis.
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(d) The Veterans and 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 abuse court program, a network of substance abuse |
treatment programs representing a
continuum of treatment |