HB3850eng 102ND GENERAL ASSEMBLY

HB3850 Engrossed LRB102 16552 KMF 21948 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 criminal justice system to recognize individuals struggling with these issues, provide alternatives to incarceration to address substance use disorders a criminal justice system program that will reduce the incidence of drug use, drug addiction, and provide appropriate access to treatment and support to such persons. 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 Illinois Supreme 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 drug court programs 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:

"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 an immediate and highly structured judicial intervention process for substance use disorder. Drug court programs are nonadversarial in nature and bring abuse treatment of eligible defendants that brings together substance use disorder abuse professionals, and local social programs, and intensive judicial monitoring in accordance with the nationally recommended 10 key components of drug courts and Illinois Supreme Court Problem-Solving Court Standards. Common features of drug court programs 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 court professional" means a member of the drug court team, including but not limited to a judge, prosecutor, defense attorney, probation officer, coordinator, treatment provider, or an equivalent standard in any other state where treatment may take place, or peer recovery coach.

"Pre-adjudicatory drug court program" means a program that allows the defendant, with their agreement, and with the consent of the prosecution, to enter the drug court program before plea, conviction, or disposition, 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 that allows an individual who 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.

"Co-occurring mental health and substance use court program" means a program that includes persons with co-occurring mental illness and substance use disorder. Such programs shall include professionals with training and experience in treating persons with substance use disorders and mental illness.

"Problem-Solving Courts (PSC) Standards" means the statewide Standards Adopted by the Illinois Supreme Court which set forth the minimum requirements for the planning, establishment, certification, operation and evaluation of all problem-solving courts in Illinois.

"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 is developed by a qualified professional in accordance with IDHS/SUPR regulations contained in Part 2060 of Title 77 of the Illinois Administrative Code or an equivalent standard in any other state where treatment may take place. The clinical treatment plan shall define the scope of treatment services to be delivered by a court treatment provider.

"Validated clinical assessment" may include assessment tools required by public or private insurance.

"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 established peer recovery coach or mentor programs not otherwise used by the court for treatment, or be a Certified Recovery Support Specialist (CRSS) certified by the Illinois Certification Board. Peer recovery coaches should be individuals with lived experiences of the issues problem-solving courts seek to address, including but not limited to substance use disorders, mental health and co-occurring disorders, and involvement with the criminal justice system. Peer recovery coaches shall guide and mentor the participant to successfully complete assigned requirements and work to help facilitate participants' independence for continued success once the supports of the court are no longer available to them.

"Community mental health center" means an entity: (1) licensed by the Illinois 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 mentally ill.

"Community behavioral health center" means a physical site where behavioral healthcare services are provided in accordance with the Community Behavioral Health Center Infrastructure Act.

(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 the defendants from all counties within the circuit to participate. Drug 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 shall determine that a single drug court program would best serve those counties, the county board of each such county 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 those resolutions, the Chief Judge shall establish or, in the case of an existing drug court program, 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 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 apply:

(1) The crime is a crime of violence as set forth in clause (4) of this subsection (b).

(2) The defendant denies his or her use of or addiction to drugs.

(3) The defendant does not demonstrate a willingness to participate in a treatment program.

(4) The defendant has been convicted of a crime of violence within the past 5 10 years excluding incarceration time. As used in this 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, 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, or aggravated stalking, or any offense involving the discharge of a firearm.

(5) The crime for which the defendant has been convicted is nonprobationable.

(6) 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 drug court program only upon the agreement of the prosecutor if:

(1) 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; or

(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 needs an assessment of the defendant shall be performed 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. The assessment shall be conducted in accordance with IDHS/SUPR regulations contained in Part 2060 of Title 77 of the Illinois Administrative Code. The assessment shall include, but not be limited to, assessments of substance use, mental and behavioral health needs. The assessment shall be administered by individuals who meet the IDHS/SUPR regulations for professional staff contained in Part 2060 of Title 77 of the Illinois Administrative Code and used to inform any Clinical Treatment Plans. Clinical Treatment Plans shall be developed in accordance with Illinois PSC 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 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 use disorder 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 for any mental health diagnosis made by the provider. Substance use disorder treatment programs must be licensed by IDHS/SUPR, or equivalent standards in any state where treatment may be provided, 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 as possible. The court shall prioritize the least restrictive treatment option when ordering mental health or substance use disorder treatment for participants. The court may order jail-based custodial treatment if it finds that jail-based treatment is the least restrictive alternative based on evidence that efforts were made to locate less restrictive alternatives to secure confinement and the reasons why efforts were unsuccessful in locating a less restrictive alternative to jail-based custodial treatment. 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, 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 Illinois PSC Standards. If the defendant needs treatment for an opioid use disorder 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.

(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 defendants 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 should be operated in accordance with evidence-based practices as outlined by the Substance Abuse and Mental Health Service Administration's National Center for Trauma Informed Care (SAMHSA).

(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 defendants.

(b) Any substance use disorder abuse treatment program to which defendants are referred must be licensed by IDHS/SUPR, use evidence-based treatment, and deliver all services in accordance with the regulations contained in Part 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 defendant and available resources including programs with the State of Illinois and community-based programs supported and sanctioned by the State of Illinois. Partnerships with providers certified as community 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; 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 complying with the requirements of the treatment performing satisfactorily in the assigned program;

(2) (blank); 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 the defendant 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. Based on 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, pursuant to the court's Policies and Procedures, some other alternative may be appropriate in the interests of the defendant and the public.

(a-5) A 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 treatment under the care of a physician licensed in this State to practice medicine in all of its branches.

(a-10) A defendant 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:

(i) ensure that the participant has the right to consult with counsel prior to withdrawal;

(ii) determine in open court that the withdrawal is made voluntarily and knowingly; and

(iii) 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 defendant or proceedings under Section 5-6-4 of the Unified Code of Corrections for a violation of probation, conditional discharge, or supervision hearing may be initiated.

(a-15) No defendant may be dismissed from the program unless, prior to such dismissal, the 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 defendant has a right to a hearing at which he or she may present evidence supporting his or her continuation in the program.

(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 the defendant 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 may move to vacate convictions held by the defendant that are eligible for sealing under the Criminal Identification Act. Participants may immediately file petitions to expunge vacated convictions and the associated underlying records per the Criminal Identification Act. In cases where 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 PSC should have experience and 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 PSCs. 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 PSC maintains fidelity to the PSC 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 Mental Health 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 public defenders and assistant public defenders practicing in drug courts throughout the State to ensure that the PSC maintains fidelity to the PSC 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, 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 stress disorder, traumatic brain injury, depression and may also suffer drug and alcohol dependency or addiction and co-occurring mental illness and substance use disorders 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 struggling with these issues, 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 Illinois Supreme 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 problems faced by these veteran and servicemember court programs in the State of Illinois 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 developed by a qualified professional in accordance with IDHS/SUPR regulations contained in Part 2060 of Title 77 of the Illinois Administrative Code, or an equivalent standard in any other state where treatment may take place. The clinical treatment plan shall define the scope of treatment services to be delivered by a treatment provider.

"Combination Veterans and Servicemembers Court program" means a court program that includes a pre-adjudicatory and a post-adjudicatory Veterans and Servicemembers court program.

"IDVA" means the Illinois Department of Veterans' Affairs.

"Peer recovery coach" means a veteran mentor assigned to a veteran or servicemember during participation in a veteran treatment court program who has been trained by the court, a service provider used by the court for substance use or mental health treatment, a local service provider with established peer recovery coach or mentor programs not otherwise used by the court for treatment, or be a Certified Recovery Support Specialist (CRSS) certified by the Illinois Certification Board. Peer recovery coaches should be individuals with lived experiences of the issues problem-solving courts seek to address, including, but not limited to, substance use disorders, mental health and co-occurring disorders and involvement with the criminal justice system. Peer recovery coaches shall guide and mentor the participant to successfully complete assigned requirements and work to help facilitate participants' independence for continued success once the supports of the court are no longer available to them.

"Pre-adjudicatory Veterans and Servicemembers Court Program" means a program that allows the defendant, who agrees and with the consent of the prosecution, to enter the drug court program before plea, conviction, or disposition, and requires successful completion of the Veterans and Servicemembers Court programs as part of the agreement.

"Post-adjudicatory Veterans and Servicemembers Court Program" means a program that allows an individual who has admitted guilt or has been found guilty and agrees, along with the prosecution, to enter a Veterans and Servicemembers Court program as part of the defendant's sentence.

"Problem-Solving Court Standards" means the statewide Standards adopted by the Illinois Supreme Court which set forth the minimum requirements for the planning, establishment, certification, operation and evaluation of all problem-solving courts in Illinois.

"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 prosecution, to enter a Veterans and Servicemembers Court program as part of the defendant's sentence.

"Pre-adjudicatory Veterans and Servicemembers 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 Veterans and Servicemembers Court programs as part of the agreement.

"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" may include assessment tools required by public or private insurance.

"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.

"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.

"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 monitoring in accordance with the nationally recommended 10 key components of drug courts.

"Veterans and Servicemembers Court" "Veterans and Servicemembers Court program", "court", or "program" for the purposes of this Act means a specially designated court, court calendar or docket facilitating intensive therapeutic treatment to monitor or assist veteran or servicemember participants with substance use disorders, mental health, co-occurring disorders or other assessed treatment needs of eligible veteran and servicemember participants. Veterans and servicemember court programs are nonadversarial in nature and bring together substance use disorder professionals, mental health professionals, VA professionals, and local social programs in accordance with the nationally recommended 10 key components of drug courts and Illinois Supreme Court Problem-Solving Court Standards. Common features of drug court programs 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.

"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.

"Community Mental Health Center" means an entity licensed by the Illinois 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 Center for Medicare & Medicaid Services. Community Mental Health Centers means an entity that provides outpatient services, including specialized outpatient services for individuals who are chronically mentally ill.

"Community Behavioral Health Center" means a physical site where behavioral healthcare services are provided in accordance with the Community Behavioral Health Center Infrastructure Act.

(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 and Servicemembers Court program in compliance with the Problem-Solving Court Standards including a format under which it operates under this Act. The Veterans and 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 operate for defendants 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 shall determine that a single veterans and servicemembers court program would best serve those counties, the county board of each such county shall adopt a resolution to the effect that there shall be a single veterans 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 shall establish, or, in the case of an existing veterans and servicemembers court program, re-organize a single veterans and servicemembers court 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 are eligible for Veterans and Servicemembers Courts, provided the following:

(a) A defendant may be admitted to a Veterans and Servicemembers Court certified by the Illinois Supreme Court , 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. Defendants agree 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 defendant may be admitted into a Veterans and Servicemembers Court program post-adjudication only with the approval of the court.

(b) Each Veterans and Servicemembers Court shall have a targeted population defined in its written Policies and Procedures. The Policies and Procedures shall define that court's eligibility and exclusionary criteria. 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 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. As used in this Section, "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 greater bodily harm or permanent disability, aggravated criminal sexual abuse by a person in a position of trust or authority over a child, stalking, or aggravated stalking, or any offense involving the discharge of a firearm.

(4) (Blank).

(5) The crime for which the defendant has been convicted is non-probationable.

(6) 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 drug court program only upon the agreement of the prosecutor if:

(1) 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; or

(C) Section 15, 20, 25, 30, 35, 40, 45, 50, 55, 56, or 65 of the Methamphetamine Control and Community Protection Act.

(Source: P.A. 99-480, eff. 9-9-15; 100-426, eff. 1-1-18.)

(730 ILCS 167/25)

Sec. 25. Procedure.

(a) A The Court shall order the defendant to submit to an eligibility screening and an assessment of the defendant shall be performed as required by the Court's Policies and Procedures. The assessment shall be conducted through the VA, VAC, and/or the IDVA to provide information on the defendant's veteran or servicemember status.

(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 by the VA, VAC, or by the IDVA shall be performed 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, a validated clinical assessment. The assessment shall include, but not be limited to, assessments of substance use, mental and behavioral health needs. The assessment shall be administered by a qualified clinician of the VA, VAC, or IDVA, or individuals who meet the IDHS/SUPR regulations for professional staff contained in Part 2060 of Title 77 of the Illinois Administrative Code, 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 Illinois PSC Standards and 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 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.

(c) The judge shall inform the defendant that if the 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.

(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, 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 may order the defendant to complete substance use disorder 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 for any mental health diagnosis made by the provider. Substance use treatment programs must be licensed by IDPH/SUPR, or an equivalent standard in any other state where 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 as possible. The court shall prioritize the least restrictive treatment option when ordering mental health or substance use treatment for participants. The court may order jail-based custodial treatment if it finds that jail-based treatment is the least restrictive alternative based on evidence that efforts were made to locate less restrictive alternatives to secure confinement and the reasons why efforts were unsuccessful in locating a less restrictive alternative to jail-based custodial 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 treatment court shall include a regimen of graduated requirements, 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 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 Illinois PSC Standards. If the defendant needs treatment for an opioid use disorder 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. Veteran 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 drug 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 defendants 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 should be operated in accordance with evidence-based 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 and 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 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 abuse treatment program to which defendants are referred must be licensed by IDHS/SUPR, or an equivalent standard in any other state where treatment may take place, use evidence-based treatment, and deliver all services in accordance with the regulations contained meet all of the rules and governing programs in Parts 2030 and 2060 of Title 77 of the Illinois Administrative Code, or an equivalent standard in any other state where treatment may take place.

(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.

(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 use disorder abuse court program, a network of substance use disorder abuse treatment programs representing a continuum of treatment options commensurate with the needs of the 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; 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 defendant is not complying with the requirements of the treatment program performing satisfactorily in the assigned program;

(2) (blank); 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. Based on 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, pursuant to the court's Policies and Procedures, some other alternative may be appropriate in the interests of the defendant and the public.

(a-5) A defendant 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 his or her participation in medication assisted treatment under the care of a physician licensed to practice medicine in all of its branches.

(a-10) A defendant 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:

(i) ensure that the participant has the right to consult with counsel prior to withdrawal;

(ii) determine in open court that the withdrawal is made voluntarily and knowingly; and

(iii) 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 defendant or proceedings under Section 5-6-4 of the Unified Code of Corrections for a violation of probation, conditional discharge, or supervision hearing may be initiated.

(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 the defendant 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 may move to vacate any convictions eligible for sealing under the Criminal Identification Act. Defendants may immediately file petitions to expunge vacated convictions and the associated underlying records per the Criminal Identification Act. In cases where 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 PSC should have experience and 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 PSCs.

(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 on the subjects of substance use disorders, addiction and mental health, for all Veterans and Servicemembers Court prosecutors throughout the State to ensure that the PSC maintains fidelity to the PSC 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 167/50 new)

Sec. 50. Education seminars for 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 Court courts throughout the State, to ensure that the PSC maintains fidelity to the PSC 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 and team dynamics.

Section 15. The Mental Health Court Treatment Act is amended by changing Sections 5, 10, 15, 20, 25, 30, 35 and by adding Sections 45, 50, and 55 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 persons. 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 Illinois Supreme 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 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:

"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 structured judicial intervention process for mental illness. Mental health court programs are non-adversarial in nature and bring health treatment of eligible defendants that brings together mental health professionals, local social programs in accordance with the nationally recommended essential elements of a mental health court and Illinois Supreme Court Problem-Solving Standards. Common features of mental health court programs 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 , 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, treatment provider, or peer recovery coach.

"Pre-adjudicatory mental health court program" means a program that allows the defendant, with their agreement and the consent of the prosecution, to enter the drug court program before plea, conviction, or disposition 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 that allows an individual who 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 use abuse court program" means a program that includes persons with co-occurring mental illness and substance use disorder abuse problems. Such programs shall include professionals with training and experience in treating persons with substance use disorders abuse problems and mental illness.

"Problem-Solving Courts (PSC) Standards" means the statewide standards adopted by the Illinois Supreme Court which set forth the minimum requirements for the planning, establishment, certification, operation and evaluation of all problem-solving courts in Illinois.

"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 is developed by a qualified professional and defines the scope of treatment services to be delivered by a treatment provider.

"Validated clinical assessment" may include assessment tools required by public or private insurance.

"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 or mental health treatment, a local service provider with established peer recovery coach or mentor programs not otherwise used by the court for treatment, or be a Certified Recovery Support Specialist (CRSS) certified by the Illinois Certification Board. Peer recovery coaches should be individuals with lived experience of the issues problem-solving courts seek to address, including, but not limited to, substance use disorders, mental health, and co-occurring disorders, and involvement with the criminal justice system. Peer recovery coaches shall guide and mentor the participant to successfully complete assigned requirements and work to help facilitate participants' independence for continued success once the supports of the court are no longer available to them.

"Community Mental Health Center" means an entity licensed by the Illinois 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 Center for Medicare & Medicaid Services. Community Mental Health Centers means an entity that provides outpatient services, including specialized outpatient services for individuals who are chronically mentally ill.

"Community Behavioral Health Center" means a physical site where behavioral healthcare services are provided in accordance with the Community Behavioral Health Center Infrastructure Act.

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

(730 ILCS 168/15)

Sec. 15. Authorization. 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 the 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 shall determine that a single mental health court program would best serve those counties, the county board of each such county shall 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 those resolutions, the Chief Judge shall establish or, in the case of an existing mental health court program, re-organize 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 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 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. 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, or aggravated stalking, or any offense involving the discharge of a firearm.

(4) (Blank).

(5) The crime for which the defendant has been convicted is non-probationable.

(6) 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 agreement of the prosecutor if:

(1) 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; or

(C) 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.)

(730 ILCS 168/25)

Sec. 25. Procedure.

(a) A The court shall require an eligibility screening and needs 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 not be limited to, assessments of substance use disorder, mental and behavioral health needs. The clinical assessment shall be administered by a qualified clinician 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 Illinois Department of Human Services/Division of Substance Use Prevention and Recovery (IDHS/SUPR) regulations contained in Part 2060 of Title 77 of the Illinois Administrative Code or an equivalent standard in any other state where treatment may take place, and conducted by individuals who meet the IDHS/SUPR regulations 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 Illinois PSC Standards and, in part, upon the known availability of treatment resources available. 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 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 defendant to complete mental health or substance use disorder 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 for any mental health diagnosis made by the provider. Substance use disorder treatment programs must be licensed by IDHS/SUPR, or an equivalent standard in any other state where 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 as possible. The court shall prioritize the least restrictive treatment option when ordering mental health or substance use treatment for participants. The court may order jail-based custodial treatment if it finds that jail-based treatment is the least restrictive alternative based on evidence that efforts were made to locate less restrictive alternatives to secure confinement and the reasons why efforts were unsuccessful in locating a less restrictive alternative to jail-based custodial treatment. 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 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 Illinois PSC Standards. If the defendant needs treatment for an opioid use disorder 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. 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 court program, a network of substance use treatment programs representing a continuum of treatment options commensurate with the needs of the defendant and available resources including programs with the State of Illinois.

(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 defendants admitted to the mental health court program. Judicial circuits establishing these specialized programs shall partner with service providers in the development of the programs. Trauma-informed services and programming should 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).

(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 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 disorder abuse court program, a network of substance use abuse treatment programs representing a continuum of treatment options commensurate with the needs of defendants and available resources.

(b) Any substance use disorder abuse treatment program to which defendants are referred must be licensed by the State of Illinois as SUPR providers, use evidence-based treatment, and 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; 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 defendant is not complying with the requirements of the treatment program performing satisfactorily in the assigned program;

(2) (blank); 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 the defendant 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. Based on 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, pursuant to the court's Policies and Procedures, some other alternative may be appropriate in the interests of the defendant and the public.

(a-5) A defendant 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:

(i) ensure that the participant has the right to consult with counsel prior to withdrawal;

(ii) determine in open court that the withdrawal is made voluntarily and knowingly; and

(iii) 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 defendant or proceedings under Section 5-6-4 of the Unified Code of Corrections for a violation of probation, conditional discharge, or supervision hearing may be initiated.

(a-10) No defendant may be dismissed from the program unless, prior to such dismissal, the 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 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.

(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 the program or from any further proceedings against 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 may move to vacate any convictions eligible for sealing under the Criminal Identification Act. Defendants may immediately file petitions to expunge vacated convictions and the associated underlying records per the Criminal Identification Act. In cases where 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 168/45 new)

Sec. 45. Education seminars for judges. A judge assigned to preside over a PSC should have experience and 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) co-occurring disorders; (7) mental illness; (8) co-occurring disorders; and (9) presiding over various types of PSCs.

(730 ILCS 168/50 new)

Sec. 50. 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 PSC maintains fidelity to the PSC 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 168/55 new)

Sec. 55. Education seminars for Mental Health Court public defenders. Subject to appropriation, the Office of the State Appellate Defender shall conduct mandatory education seminars on the subjects of substance use disorder, addiction, and mental health, for all public defenders and assistant public defenders practicing in Mental Health courts throughout the State to ensure that the PSC maintains fidelity to the PSC 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.