Rep. Lindsey LaPointe
Filed: 4/20/2021
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1 | AMENDMENT TO HOUSE BILL 3850
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2 | AMENDMENT NO. ______. Amend House Bill 3850 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Drug Court Treatment Act is amended by | ||||||
5 | changing Sections 5, 10, 15, 20, 25, 30, 35, 40, 45, and 50 as | ||||||
6 | follows:
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7 | (730 ILCS 166/5)
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8 | Sec. 5. Purposes. The General Assembly recognizes that | ||||||
9 | individuals struggling with substance use disorders may come | ||||||
10 | into contact
with the criminal justice system and be charged | ||||||
11 | with felony or
misdemeanor offenses. The General Assembly also | ||||||
12 | recognizes
that substance use disorders and mental illness | ||||||
13 | co-occur in a
substantial percentage of criminal defendants. | ||||||
14 | the use and
abuse of drugs has a dramatic effect on the | ||||||
15 | criminal justice system in the
State
of Illinois. There is a | ||||||
16 | critical need for the criminal justice system to recognize |
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1 | individuals struggling
with these issues, provide alternatives | ||||||
2 | to incarceration to
address substance use disorders a criminal | ||||||
3 | justice system program
that
will reduce the incidence of drug | ||||||
4 | use, drug addiction, and provide appropriate
access to | ||||||
5 | treatment and support to such persons. crimes committed as
a
| ||||||
6 | result of drug use and drug addiction. It is the intent of the | ||||||
7 | General Assembly
to create specialized drug courts , in | ||||||
8 | accordance with evidence-based practices,
and Illinois Supreme | ||||||
9 | Court Standards
for addressing substance use and co-occurring | ||||||
10 | disorders with the necessary flexibility to meet the needs for | ||||||
11 | an array of services and
supports among participants in
drug | ||||||
12 | court programs problems in the State of Illinois.
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13 | (Source: P.A. 92-58, eff. 1-1-02.)
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14 | (730 ILCS 166/10)
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15 | Sec. 10. Definitions. As used in this Act:
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16 | "Drug court", "drug court program", "court", or "program" | ||||||
17 | means a specially designated court, court calendar or docket | ||||||
18 | facilitating
intensive therapeutic treatment to monitor and | ||||||
19 | assist participants
with an immediate and
highly
structured | ||||||
20 | judicial intervention process for substance use disorder. Drug | ||||||
21 | court programs are nonadversarial in nature and bring abuse | ||||||
22 | treatment of
eligible defendants that brings together | ||||||
23 | substance use disorder abuse professionals, and local
social | ||||||
24 | programs, and intensive judicial monitoring in accordance with | ||||||
25 | the
nationally recommended 10 key components of drug courts |
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1 | and Illinois
Supreme Court Problem-Solving Court Standards. | ||||||
2 | Common features of drug
court programs include, but are not | ||||||
3 | limited to, a designated judge and
staff; specialized intake | ||||||
4 | and screening procedures; coordinated treatment procedures | ||||||
5 | administered by a trained, multidisciplinary professional | ||||||
6 | team;
close evaluation of participants, including continued | ||||||
7 | assessments and
modification of the court requirements and use | ||||||
8 | of sanctions, incentives
and therapeutic adjustments to | ||||||
9 | address behavior; frequent judicial
interaction with | ||||||
10 | participants; less formal court process and procedures;
| ||||||
11 | voluntary participation; and a low treatment staff-to-client | ||||||
12 | ratio .
| ||||||
13 | "Drug court professional" means a member of the drug court | ||||||
14 | team, including but not limited to
a judge, prosecutor, | ||||||
15 | defense attorney,
probation officer, coordinator, treatment | ||||||
16 | provider, or
an equivalent standard in any other state where | ||||||
17 | treatment may take
place, or peer recovery coach.
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18 | "Pre-adjudicatory drug court program" means a program that | ||||||
19 | allows
the defendant, with their agreement, and
with the | ||||||
20 | consent of the prosecution, to enter the drug court program | ||||||
21 | before plea, conviction,
or disposition, expedite the | ||||||
22 | defendant's criminal case
before conviction or before filing | ||||||
23 | of a criminal case and requires successful
completion of the | ||||||
24 | drug court program as part of the agreement.
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25 | "Post-adjudicatory drug court program" means a program | ||||||
26 | that
allows an individual who in which the
defendant has |
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1 | admitted
guilt
or has been found guilty and agrees, along with | ||||||
2 | the prosecution, to enter a
drug
court program as part of the | ||||||
3 | defendant's sentence.
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4 | "Combination drug court program" means a drug court | ||||||
5 | program that includes a
pre-adjudicatory drug court program | ||||||
6 | and a post-adjudicatory drug court program.
| ||||||
7 | "Co-occurring mental health and substance use court
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8 | program" means a program that includes persons with | ||||||
9 | co-occurring
mental illness and substance use disorder. Such | ||||||
10 | programs shall include professionals with training and | ||||||
11 | experience in treating persons with
substance use disorders | ||||||
12 | and mental illness. | ||||||
13 | "Problem-Solving Courts (PSC) Standards" means the | ||||||
14 | statewide
Standards Adopted by the Illinois Supreme Court | ||||||
15 | which set forth the
minimum requirements for the planning, | ||||||
16 | establishment, certification,
operation and evaluation of all | ||||||
17 | problem-solving courts in Illinois. | ||||||
18 | "Certification" means the process by which a | ||||||
19 | problem-solving court
obtains approval from the Supreme Court | ||||||
20 | to operate in accordance with the
Problem-Solving Court | ||||||
21 | Standards. | ||||||
22 | "Clinical treatment plan" means an evidence-based,
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23 | comprehensive, and individualized plan that is developed by a | ||||||
24 | qualified
professional in accordance with IDHS/SUPR | ||||||
25 | regulations contained in
Part 2060 of Title 77 of the Illinois | ||||||
26 | Administrative Code or an
equivalent standard in any other |
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1 | state where treatment may take place.
The clinical treatment | ||||||
2 | plan shall define the scope of
treatment services to be | ||||||
3 | delivered by a court treatment provider. | ||||||
4 | "Validated clinical assessment" may include assessment | ||||||
5 | tools
required by public or private insurance. | ||||||
6 | "Peer recovery coach" means a mentor assigned to a | ||||||
7 | defendant
during participation in a drug treatment court | ||||||
8 | program who has been
trained by the court, a service provider | ||||||
9 | used by
the court for substance use disorder or mental health | ||||||
10 | treatment, a local service
provider with established peer | ||||||
11 | recovery coach or mentor programs not
otherwise used by the | ||||||
12 | court for treatment, or be a
Certified
Recovery Support | ||||||
13 | Specialist (CRSS) certified by the Illinois Certification | ||||||
14 | Board.
Peer recovery coaches should be individuals with lived | ||||||
15 | experiences of the issues problem solving courts seek to | ||||||
16 | address,
including but not limited to substance use disorders, | ||||||
17 | mental health and
co-occurring disorders, and involvement with | ||||||
18 | the criminal justice system. Peer recovery coaches shall guide | ||||||
19 | and mentor the participant to successfully complete
assigned | ||||||
20 | requirements and work to help facilitate participants'
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21 | independence for continued success once the supports of the | ||||||
22 | court are
no longer available to them. | ||||||
23 | "Community mental health center" means an entity: (1) | ||||||
24 | licensed by
the Illinois Department of Public Health as a | ||||||
25 | community mental health
center in accordance with the | ||||||
26 | conditions of participation for community mental health
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1 | centers established by the Centers for Medicare and Medicaid
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2 | Services; and (2) that provides
outpatient services, including | ||||||
3 | specialized outpatient services, for individuals
who are | ||||||
4 | chronically mentally ill. | ||||||
5 | "Community behavioral health center" means a physical site | ||||||
6 | where
behavioral healthcare services are provided in | ||||||
7 | accordance with the Community Behavioral Health Center | ||||||
8 | Infrastructure Act. | ||||||
9 | (Source: P.A. 97-946, eff. 8-13-12.)
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10 | (730 ILCS 166/15)
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11 | Sec. 15. Authorization. | ||||||
12 | (a) The Chief Judge of each judicial circuit may must
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13 | establish a
drug
court program in compliance with the | ||||||
14 | Problem-Solving Court Standards. At the
discretion of the | ||||||
15 | Chief Judge, the drug court program may be operated in
one or | ||||||
16 | more counties of the circuit and allow the defendants from all
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17 | counties within the circuit to participate. Drug court | ||||||
18 | programs must be
certified by the Supreme Court including the | ||||||
19 | format under which it operates under
this Act .
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20 | (b) Whenever the county boards of 2 or more counties | ||||||
21 | within the same judicial circuit shall determine that a single | ||||||
22 | drug court program would best serve those counties, the county | ||||||
23 | board of each such county shall adopt a resolution to the | ||||||
24 | effect that there shall be a single drug court program serving | ||||||
25 | those counties, and shall provide a copy of the resolution to |
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1 | the Chief Judge of the judicial circuit. Upon receipt of those | ||||||
2 | resolutions, the Chief Judge shall establish or, in the case | ||||||
3 | of an existing drug court program, re-organize a single drug | ||||||
4 | court program to serve those counties. | ||||||
5 | (c) (Blank). Upon petition of the county board by the | ||||||
6 | State's Attorney, the court may, for good cause shown of | ||||||
7 | financial hardship or lack of necessary resources, enter an | ||||||
8 | order delaying the implementation of the requirements of | ||||||
9 | subsection (a) of this Section for an individual county, for a | ||||||
10 | period not to exceed 2 years. | ||||||
11 | (Source: P.A. 96-776, eff. 1-1-10.)
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12 | (730 ILCS 166/20)
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13 | Sec. 20. Eligibility.
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14 | (a) A defendant may be admitted into a drug court program | ||||||
15 | only upon the
agreement of the defendant and with the approval | ||||||
16 | of the
court. A defendant agrees to be admitted when a Written
| ||||||
17 | Consent to Participate is provided to the Court in open court | ||||||
18 | and
the defendant acknowledges understanding its contents. | ||||||
19 | (a-5) Each drug court shall have a target population | ||||||
20 | defined in
its written Policies and Procedures. The Policies | ||||||
21 | and Procedures shall
define that court's eligibility and | ||||||
22 | exclusionary criteria.
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23 | (b) A defendant shall be excluded from a drug court | ||||||
24 | program if any of one of
the following apply:
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25 | (1) The crime is a crime of violence as set forth in |
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1 | clause (4) of this
subsection (b).
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2 | (2) The defendant denies his or her use of or | ||||||
3 | addiction to drugs.
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4 | (3) The defendant does not demonstrate a willingness | ||||||
5 | to participate in
a treatment program.
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6 | (4) The defendant has been convicted of a crime of | ||||||
7 | violence within the
past 5
10 years excluding | ||||||
8 | incarceration time. As used in this Section, "crime of | ||||||
9 | violence" means: first
degree murder, second degree | ||||||
10 | murder, predatory criminal sexual assault of a
child, | ||||||
11 | aggravated criminal sexual assault, criminal sexual | ||||||
12 | assault, armed
robbery, aggravated arson, arson, | ||||||
13 | aggravated kidnaping, kidnaping, aggravated
battery | ||||||
14 | resulting in great bodily harm or permanent disability, | ||||||
15 | aggravated domestic battery resulting
in great bodily harm | ||||||
16 | or permanent disability, aggravated
criminal sexual abuse | ||||||
17 | by a person in a position of trust or
authority over a | ||||||
18 | child, stalking, or
aggravated stalking , or any offense
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19 | involving the discharge of a firearm .
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20 | (5) The crime for which the defendant has been
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21 | convicted is nonprobationable. | ||||||
22 | (6) The sentence imposed on the defendant, whether
the | ||||||
23 | result of a plea or a finding of guilt, renders the
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24 | defendant ineligible for probation. | ||||||
25 | (c) Notwithstanding subsection (a), the defendant may be | ||||||
26 | admitted into a drug court program only upon the agreement of |
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1 | the prosecutor if: | ||||||
2 | (1) the defendant is charged with a Class 2 or greater | ||||||
3 | felony violation of: | ||||||
4 | (A) Section 401, 401.1, 405, or 405.2 of the | ||||||
5 | Illinois Controlled Substances Act; | ||||||
6 | (B) Section 5, 5.1, or 5.2 of the Cannabis Control | ||||||
7 | Act; or | ||||||
8 | (C) Section 15, 20, 25, 30, 35, 40, 45, 50, 55, 56, | ||||||
9 | or 65 of the Methamphetamine Control and Community | ||||||
10 | Protection Act . ; or | ||||||
11 | (2) the defendant has previously, on 3 or more | ||||||
12 | occasions, either completed a drug court program, been | ||||||
13 | discharged from a drug court program, or been terminated | ||||||
14 | from a drug court program.
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15 | (Source: P.A. 99-480, eff. 9-9-15.)
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16 | (730 ILCS 166/25)
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17 | Sec. 25. Procedure.
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18 | (a) A The court shall order an eligibility screening and | ||||||
19 | needs an assessment of the
defendant shall be performed as | ||||||
20 | required by
the Court's Policies and Procedures by an agent | ||||||
21 | designated by the State of Illinois to provide assessment
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22 | services for the Illinois Courts . The assessment shall be | ||||||
23 | conducted in accordance with
IDHS/SUPR regulations contained | ||||||
24 | in Part 2060 of Title 77 of the
Illinois Administrative Code. | ||||||
25 | The assessment shall include, but not be
limited to, |
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1 | assessments of substance use, mental and behavioral health
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2 | needs.
The assessment shall be administered by individuals
who | ||||||
3 | meet the IDHS/SUPR regulations for professional staff | ||||||
4 | contained in
Part 2060 of Title 77 of the Illinois | ||||||
5 | Administrative Code and used to inform any Clinical Treatment | ||||||
6 | Plans. Clinical Treatment
Plans
shall be developed in | ||||||
7 | accordance with Illinois PSC Standards and, in part, upon the | ||||||
8 | known availability of
treatment resources. An assessment need | ||||||
9 | not be ordered if the
court finds a valid assessment related to | ||||||
10 | the present charge pending against
the defendant has been | ||||||
11 | completed within the previous 60 days.
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12 | (b) The judge shall inform the defendant that if the | ||||||
13 | defendant fails to
meet the conditions of the drug court | ||||||
14 | program, eligibility to participate in
the
program may be | ||||||
15 | revoked and the defendant may be sentenced or the prosecution
| ||||||
16 | continued as provided in
the
Unified Code of Corrections for | ||||||
17 | the crime charged.
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18 | (c) The defendant shall execute a written agreement as to | ||||||
19 | his or her
participation in the program and shall agree to all | ||||||
20 | of the terms and conditions
of the program, including but not | ||||||
21 | limited to the possibility of sanctions or
incarceration for | ||||||
22 | failing to abide or comply with the terms of the program.
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23 | (d) In addition to any conditions authorized under the | ||||||
24 | Pretrial Services
Act and Section 5-6-3 of the Unified Code of | ||||||
25 | Corrections, the court may order
the defendant to complete | ||||||
26 | substance use disorder abuse treatment in an outpatient,
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1 | inpatient,
residential, or jail-based custodial treatment | ||||||
2 | program , order the defendant to
complete mental health | ||||||
3 | counseling in an inpatient or outpatient basis,
comply with | ||||||
4 | physicians' recommendation regarding medications and all
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5 | follow up treatment for any mental health diagnosis made by | ||||||
6 | the provider.
Substance use disorder treatment programs must | ||||||
7 | be licensed by IDHS/SUPR, or equivalent standards in
any state | ||||||
8 | where treatment may be provided, and use evidence-based | ||||||
9 | treatment. When referring participants to mental health | ||||||
10 | treatment
programs, the court shall prioritize providers | ||||||
11 | certified as community
mental health or behavioral health | ||||||
12 | centers as possible. The court shall
prioritize the least | ||||||
13 | restrictive treatment option when ordering
mental health or | ||||||
14 | substance use disorder treatment for participants. The
court | ||||||
15 | may order jail-based custodial treatment if it finds that
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16 | jail-based treatment is the least restrictive alternative | ||||||
17 | based on
evidence that efforts were made to locate less | ||||||
18 | restrictive alternatives
to secure confinement and the reasons | ||||||
19 | why efforts were unsuccessful in
locating a less restrictive | ||||||
20 | alternative to jail-based custodial treatment . Any period of | ||||||
21 | time a
defendant shall serve in a jail-based treatment program | ||||||
22 | may not be reduced by
the accumulation of good time or other | ||||||
23 | credits and may be for a period of up to
120 days.
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24 | (e) The drug court program shall include a regimen of | ||||||
25 | graduated
requirements and rewards and sanctions, including | ||||||
26 | but not limited to: fines,
fees, costs, restitution, |
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1 | incarceration of up to 180 days, individual and group
therapy, | ||||||
2 | substance drug
analysis testing, close monitoring by the | ||||||
3 | court , restitution at a minimum of once every 30
days
and | ||||||
4 | supervision of progress , educational or vocational counseling | ||||||
5 | as
appropriate, and other
requirements necessary to fulfill | ||||||
6 | the drug court program. Program phases, therapeutic
| ||||||
7 | adjustments, incentives, and sanctions, including the use of | ||||||
8 | jail
sanctions, shall be administered in accordance with | ||||||
9 | evidence-based
practices and the Illinois PSC Standards. If | ||||||
10 | the defendant needs treatment for an opioid use disorder abuse | ||||||
11 | or dependence, the court may not prohibit the defendant from | ||||||
12 | participating in and
receiving medication assisted treatment | ||||||
13 | under the care of
a physician licensed in this State to | ||||||
14 | practice medicine in all
of its branches. Drug court | ||||||
15 | participants may not be required to refrain from using | ||||||
16 | medication assisted treatment as a term or condition of | ||||||
17 | successful completion of the drug court program. | ||||||
18 | (f) Recognizing that individuals struggling with mental
| ||||||
19 | health, substance use, and related co-occurring disorders have | ||||||
20 | often
experienced trauma, drug court programs may include | ||||||
21 | specialized
service programs specifically designed to address | ||||||
22 | trauma. These
specialized services may be offered to | ||||||
23 | defendants admitted to the
drug court program. Judicial | ||||||
24 | circuits establishing these specialized
programs shall partner | ||||||
25 | with advocates, survivors, and service providers
in the | ||||||
26 | development of the programs. Trauma-informed services and
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| |||||||
1 | programming should be operated in accordance with | ||||||
2 | evidence-based practices as
outlined by the Substance Abuse | ||||||
3 | and Mental Health Service
Administration's National Center for | ||||||
4 | Trauma Informed Care (SAMHSA). | ||||||
5 | (g) The Court may establish a mentorship program that
| ||||||
6 | provides access and support to program participants by peer
| ||||||
7 | recovery coaches. Courts shall be responsible to administer | ||||||
8 | the
mentorship program with the support of mentors and local | ||||||
9 | mental
health and substance use disorder treatment | ||||||
10 | organizations.
| ||||||
11 | (Source: P.A. 99-554, eff. 1-1-17 .)
| ||||||
12 | (730 ILCS 166/30)
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13 | Sec. 30. Mental health and substance use disorder | ||||||
14 | Substance abuse treatment.
| ||||||
15 | (a) The drug court program shall maintain a network of | ||||||
16 | substance use disorder abuse
treatment programs representing a | ||||||
17 | continuum of graduated substance use disorder abuse
treatment | ||||||
18 | options commensurate with the needs of defendants.
| ||||||
19 | (b) Any substance use disorder abuse treatment program to | ||||||
20 | which defendants are referred
must be licensed by IDHS/SUPR, | ||||||
21 | use
evidence-based treatment, and deliver all services in | ||||||
22 | accordance with the
regulations contained in Part meet all of | ||||||
23 | the rules and governing programs in
Parts 2030 and 2060 of | ||||||
24 | Title 77 of the Illinois Administrative Code.
| ||||||
25 | (c) The drug court program may, at its discretion, employ |
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| |||||||
1 | additional
services or
interventions, as it deems necessary on | ||||||
2 | a case by case basis. | ||||||
3 | (d) The drug court program may maintain or collaborate | ||||||
4 | with
a network of mental health treatment programs | ||||||
5 | representing a
continuum of treatment options commensurate | ||||||
6 | with the needs of the
defendant and available resources | ||||||
7 | including programs with the State
of Illinois and | ||||||
8 | community-based programs supported and sanctioned by
the State | ||||||
9 | of Illinois. Partnerships with providers certified as | ||||||
10 | community
mental health or behavioral health centers shall be | ||||||
11 | prioritized when
possible.
| ||||||
12 | (Source: P.A. 92-58, eff. 1-1-02.)
| ||||||
13 | (730 ILCS 166/35)
| ||||||
14 | Sec. 35. Violation; termination; discharge.
| ||||||
15 | (a) If the court finds from the evidence presented | ||||||
16 | including but not limited
to the reports or
proffers of proof | ||||||
17 | from the drug court professionals that:
| ||||||
18 | (1) the defendant is not complying with the | ||||||
19 | requirements
of the treatment performing
satisfactorily
in | ||||||
20 | the assigned program;
| ||||||
21 | (2) (blank); the defendant is not benefitting from | ||||||
22 | education,
treatment, or rehabilitation;
| ||||||
23 | (3) the defendant has engaged in criminal
conduct
| ||||||
24 | rendering him or her unsuitable for the program; or
| ||||||
25 | (4) the defendant has
otherwise
violated the terms and |
| |||||||
| |||||||
1 | conditions of the program or his or her sentence or is
for | ||||||
2 | any reason unable to participate ;
| ||||||
3 | the court may impose reasonable sanctions
under prior written | ||||||
4 | agreement of the defendant, including but not limited to
| ||||||
5 | imprisonment or dismissal of the defendant from the program | ||||||
6 | and the court may
reinstate
criminal proceedings against the | ||||||
7 | defendant him or her or proceed under Section 5-6-4 of the
| ||||||
8 | Unified Code of Corrections for a violation of probation,
| ||||||
9 | conditional discharge,
or supervision hearing. Based on the | ||||||
10 | evidence presented, the court
shall determine whether the | ||||||
11 | defendant has violated the conditions of
the program and | ||||||
12 | whether the defendant should be dismissed from the
program or | ||||||
13 | whether, pursuant to the court's Policies and Procedures,
some | ||||||
14 | other alternative may be appropriate in the interests of the
| ||||||
15 | defendant and the public. | ||||||
16 | (a-5) A defendant who is assigned to a substance use | ||||||
17 | disorder abuse treatment program under this Act for an opioid | ||||||
18 | use disorder abuse or dependence is not in violation of the | ||||||
19 | terms or conditions of the program on the basis of his or her | ||||||
20 | participation in medication assisted treatment under the care | ||||||
21 | of a physician licensed in this State to practice medicine in | ||||||
22 | all of its branches.
| ||||||
23 | (a-10) A defendant may voluntarily withdraw from the drug | ||||||
24 | court
Program in accordance with the drug court program's | ||||||
25 | policies and procedures.
Prior to allowing the participant to | ||||||
26 | withdraw, the judge shall: |
| |||||||
| |||||||
1 | (i) ensure that the participant has the right to | ||||||
2 | consult with
counsel prior to withdrawal; | ||||||
3 | (ii) determine in open court that the withdrawal is | ||||||
4 | made
voluntarily and knowingly; and | ||||||
5 | (iii) admonish the participant in open court as to the
| ||||||
6 | consequences, actual or potential, which can result from
| ||||||
7 | withdrawal. | ||||||
8 | Upon withdrawal, the criminal proceedings may be | ||||||
9 | reinstated against the
defendant or proceedings under Section | ||||||
10 | 5-6-4 of the Unified Code of Corrections
for a violation of | ||||||
11 | probation, conditional discharge, or supervision hearing
may | ||||||
12 | be initiated. | ||||||
13 | (a-15) No defendant may be dismissed from the program | ||||||
14 | unless, prior
to such dismissal, the defendant is informed in | ||||||
15 | writing: | ||||||
16 | (i) of the reason or reasons for the
dismissal; | ||||||
17 | (ii) the evidentiary basis supporting the reason or
| ||||||
18 | reasons for the dismissal; | ||||||
19 | (iii) that the defendant has a right
to a hearing at | ||||||
20 | which he or she may present evidence supporting
his or her | ||||||
21 | continuation in the program. | ||||||
22 | (b) Upon successful completion of the terms and conditions | ||||||
23 | of the program,
the
court may dismiss the original charges | ||||||
24 | against the defendant or successfully
terminate the | ||||||
25 | defendant's sentence or otherwise discharge him or her from | ||||||
26 | any
further proceedings against the defendant him or her in |
| |||||||
| |||||||
1 | the original prosecution. | ||||||
2 | (c) Upon successful completion of the terms and conditions
| ||||||
3 | of the program, any State's Attorney in the county of | ||||||
4 | conviction
may move to vacate convictions held by the | ||||||
5 | defendant that are
eligible for sealing under the Criminal | ||||||
6 | Identification Act. Participants may immediately file | ||||||
7 | petitions to
expunge vacated convictions and the associated | ||||||
8 | underlying records
per the Criminal Identification Act. In | ||||||
9 | cases where the State's
Attorney moves to vacate a conviction, | ||||||
10 | the State's Attorney may not object to expungement
of that | ||||||
11 | conviction or the underlying record. | ||||||
12 | (d) The drug court program may maintain or collaborate | ||||||
13 | with
a network of legal aid organizations that specialize in | ||||||
14 | conviction
relief to support participants navigating the | ||||||
15 | expungement and sealing
process.
| ||||||
16 | (Source: P.A. 99-554, eff. 1-1-17 .)
| ||||||
17 | (730 ILCS 166/40) | ||||||
18 | Sec. 40. Education seminars for judges. A judge assigned | ||||||
19 | to
preside over a PSC should have experience and training and
| ||||||
20 | continuing education in topics including, but not limited to:
| ||||||
21 | (1) criminal law; (2) behavioral health; (3) confidentiality;
| ||||||
22 | (4) ethics; (5) evidence-based practices; (6) substance use
| ||||||
23 | disorders; (7) mental illness; (8) co-occurring disorders;
and | ||||||
24 | (9) presiding over various types of PSCs. The Administrative | ||||||
25 | Office of the Illinois Courts shall conduct education seminars |
| |||||||
| |||||||
1 | for judges throughout the State on how to operate drug court | ||||||
2 | programs with a specific emphasis on cases involving the | ||||||
3 | illegal possession of methamphetamine.
| ||||||
4 | (Source: P.A. 94-552, eff. 8-12-05.) | ||||||
5 | (730 ILCS 166/45) | ||||||
6 | Sec. 45. Education seminars for drug court prosecutors. | ||||||
7 | Subject to appropriation, the Office of the State's Attorneys | ||||||
8 | Appellate Prosecutor shall conduct mandatory education | ||||||
9 | seminars on the subjects of substance abuse and addiction for | ||||||
10 | all drug court prosecutors throughout the State to ensure that | ||||||
11 | the
PSC maintains fidelity to the PSC model. Topics include, | ||||||
12 | but are not
limited to, evidence-based screening, assessment | ||||||
13 | and treatment practices,
target population, substance use | ||||||
14 | disorders, mental illness, disability, co-occurring disorders, | ||||||
15 | trauma, confidentiality, criminogenic risks and needs,
| ||||||
16 | incentives and sanctions, court processes, limited English | ||||||
17 | proficiency and
team dynamics .
| ||||||
18 | (Source: P.A. 99-480, eff. 9-9-15.) | ||||||
19 | (730 ILCS 166/50) | ||||||
20 | Sec. 50. Education seminars for Mental Health Court public | ||||||
21 | defenders. Subject to appropriation, the Office of the State | ||||||
22 | Appellate Defender shall conduct mandatory education seminars | ||||||
23 | on the subjects of substance abuse and addiction for all | ||||||
24 | public defenders and assistant public defenders practicing in |
| |||||||
| |||||||
1 | drug courts throughout the State to ensure that the
PSC | ||||||
2 | maintains fidelity to the PSC model. Topics include, but are | ||||||
3 | not
limited to, evidence-based screening, assessment and | ||||||
4 | treatment practices,
target population, substance use | ||||||
5 | disorders, mental illness, disability, co-
occurring | ||||||
6 | disorders, trauma, confidentiality, criminogenic risks and | ||||||
7 | needs,
incentives and sanctions, court processes, limited | ||||||
8 | English proficiency and
team dynamics .
| ||||||
9 | (Source: P.A. 99-480, eff. 9-9-15.) | ||||||
10 | Section 10. The Veterans and Servicemembers Court
| ||||||
11 | Treatment Act is amended by changing Sections 5, 10, 15, 20, | ||||||
12 | 25, 30, 35, and by adding Sections 40, 45, and 50 as follows: | ||||||
13 | (730 ILCS 167/5)
| ||||||
14 | Sec. 5. Purposes. The General Assembly recognizes that | ||||||
15 | veterans and active servicemembers, including , Reserve
and | ||||||
16 | National Guard servicemembers have provided or are currently | ||||||
17 | providing an invaluable
service to our country. Some veterans | ||||||
18 | and
active duty servicemembers In so doing, some may suffer | ||||||
19 | from the effects of their service , including but not limited | ||||||
20 | to,
post traumatic stress disorder, traumatic brain injury, | ||||||
21 | depression and may also suffer drug and
alcohol dependency or | ||||||
22 | addiction and co-occurring mental illness and substance use | ||||||
23 | disorders abuse problems .
As a result of this , some veterans | ||||||
24 | or active duty servicemembers come into contact with the
|
| |||||||
| |||||||
1 | criminal justice system and are charged with felony or | ||||||
2 | misdemeanor offenses. There is a critical
need for the | ||||||
3 | criminal justice system to recognize these veterans struggling | ||||||
4 | with these
issues , provide accountability for their
| ||||||
5 | wrongdoing, provide for the safety of the public and provide | ||||||
6 | for the treatment of such our veterans. It
is the intent of the | ||||||
7 | General Assembly to create specialized veteran and | ||||||
8 | servicemember courts , in accordance with evidence-based
| ||||||
9 | practices, and Illinois Supreme Court Standards for addressing | ||||||
10 | substance
use, mental health and co-occurring disorders or
| ||||||
11 | programs with the necessary flexibility to meet the | ||||||
12 | specialized needs for an
array of services and supports among | ||||||
13 | participants in problems faced by these veteran
and | ||||||
14 | servicemember court programs in the State of Illinois | ||||||
15 | defendants .
| ||||||
16 | (Source: P.A. 96-924, eff. 6-14-10.) | ||||||
17 | (730 ILCS 167/10)
| ||||||
18 | Sec. 10. Definitions. In this Act: | ||||||
19 | "Certification" means the process by which a | ||||||
20 | problem-solving
court obtains approval from the Supreme Court | ||||||
21 | to operate in accordance
with the Problem-Solving Court | ||||||
22 | Standards. | ||||||
23 | "Clinical Treatment Plan" means an evidence-based,
| ||||||
24 | comprehensive, and individualized plan developed by a | ||||||
25 | qualified
professional in accordance with IDHS/SUPR |
| |||||||
| |||||||
1 | regulations contained in
Part 2060 of Title 77 of the Illinois | ||||||
2 | Administrative Code, or an
equivalent standard in any other | ||||||
3 | state where treatment may take place.
The clinical treatment | ||||||
4 | plan shall define the scope of treatment services to be | ||||||
5 | delivered by a treatment provider. | ||||||
6 | "Combination Veterans and Servicemembers Court program" | ||||||
7 | means a court program that
includes a pre-adjudicatory and a | ||||||
8 | post-adjudicatory Veterans and Servicemembers court
program.
| ||||||
9 | "IDVA" means the Illinois Department of Veterans' Affairs. | ||||||
10 | "Peer recovery coach" means a veteran mentor
assigned to a | ||||||
11 | veteran or servicemember during participation in a
veteran | ||||||
12 | treatment court program who has been trained by the court,
a | ||||||
13 | service provider used by the court for substance use or mental
| ||||||
14 | health treatment, a local service provider with established | ||||||
15 | peer recovery
coach or mentor programs not otherwise used by | ||||||
16 | the court for treatment,
or be a Certified Recovery Support | ||||||
17 | Specialist (CRSS) certified by the
Illinois Certification | ||||||
18 | Board. Peer recovery coaches should be individuals
with lived | ||||||
19 | experiences of the issues problem solving courts seek to
| ||||||
20 | address, including, but not limited to, substance use | ||||||
21 | disorders, mental
health and co-occurring disorders and | ||||||
22 | involvement with the criminal
justice system. Peer recovery | ||||||
23 | coaches shall guide and mentor the
participant to successfully | ||||||
24 | complete assigned requirements and
work to help facilitate | ||||||
25 | participants' independence for continued
success once the | ||||||
26 | supports of the court are no longer available to them. |
| |||||||
| |||||||
1 | "Pre-adjudicatory Veterans and Servicemembers Court | ||||||
2 | Program"
means a program that allows the defendant, who agrees | ||||||
3 | and with the consent
of the prosecution, to enter the drug | ||||||
4 | court program before plea, conviction,
or disposition, and | ||||||
5 | requires successful completion of the Veterans and | ||||||
6 | Servicemembers Court programs as part of the agreement. | ||||||
7 | "Post-adjudicatory Veterans and Servicemembers Court
| ||||||
8 | Program" means a program that allows an individual who
has | ||||||
9 | admitted guilt or has been found guilty and agrees, along with | ||||||
10 | the
prosecution, to enter a Veterans and Servicemembers Court
| ||||||
11 | program as part of the defendant's sentence. | ||||||
12 | "Problem-Solving Court Standards" means the statewide | ||||||
13 | Standards
adopted by the Illinois Supreme Court which set | ||||||
14 | forth the minimum
requirements for the planning, | ||||||
15 | establishment, certification, operation
and evaluation of all | ||||||
16 | problem-solving courts in Illinois. | ||||||
17 | "Court" means Veterans and Servicemembers Court. | ||||||
18 | "IDVA" means the Illinois Department of Veterans' Affairs. | ||||||
19 | "Peer recovery coach" means a volunteer veteran mentor | ||||||
20 | assigned to a veteran or servicemember during participation in | ||||||
21 | a veteran treatment court program who has been trained and | ||||||
22 | certified by the court to guide and mentor the participant to | ||||||
23 | successfully complete the assigned requirements. | ||||||
24 | "Post-adjudicatory Veterans and Servicemembers Court | ||||||
25 | Program" means a program in
which the defendant has admitted | ||||||
26 | guilt or has been found guilty and agrees, along with the
|
| |||||||
| |||||||
1 | prosecution, to enter a Veterans and Servicemembers Court | ||||||
2 | program as part of the defendant's
sentence.
| ||||||
3 | "Pre-adjudicatory Veterans and Servicemembers Court | ||||||
4 | Program" means a program that
allows the defendant with the | ||||||
5 | consent of the prosecution, to expedite the defendant's | ||||||
6 | criminal
case before conviction or before filing of a criminal | ||||||
7 | case and requires successful completion of
the Veterans and | ||||||
8 | Servicemembers Court programs as part of the agreement.
| ||||||
9 | "Servicemember" means a person who is currently serving in | ||||||
10 | the Army, Air Force,
Marines, Navy, or Coast Guard on active | ||||||
11 | duty, reserve status or in the National Guard.
| ||||||
12 | "VA" means the United States Department of Veterans' | ||||||
13 | Affairs. | ||||||
14 | "VAC" means a veterans assistance commission. | ||||||
15 | "Validated Clinical Assessment" may include assessment | ||||||
16 | tools
required by public or private insurance. | ||||||
17 | "Veteran" means a person who served in the active | ||||||
18 | military, naval, or air service and who
was discharged or | ||||||
19 | released therefrom under conditions other than dishonorable.
| ||||||
20 | "Veterans and Servicemembers Court professional" means a | ||||||
21 | member of the Veterans and
Servicemembers Court team, | ||||||
22 | including but not limited to a judge, prosecutor, defense
| ||||||
23 | attorney, probation officer, coordinator, treatment provider, | ||||||
24 | or peer recovery coach.
| ||||||
25 | "Veterans and Servicemembers Court" means a court or | ||||||
26 | program with an immediate and
highly structured judicial |
| |||||||
| |||||||
1 | intervention process for substance abuse treatment, mental | ||||||
2 | health, or
other assessed treatment needs of eligible veteran | ||||||
3 | and servicemember defendants that brings
together substance | ||||||
4 | abuse professionals, mental health professionals, VA | ||||||
5 | professionals, local
social programs and intensive judicial | ||||||
6 | monitoring in accordance with the nationally
recommended 10 | ||||||
7 | key components of drug courts.
| ||||||
8 | "Veterans and Servicemembers Court" "Veterans and | ||||||
9 | Servicemembers
Court program", "court", or "program" for the | ||||||
10 | purposes of this Act means
a specially designated court, court | ||||||
11 | calendar or docket facilitating
intensive therapeutic | ||||||
12 | treatment to monitor or assist veteran or servicemember | ||||||
13 | participants with substance use disorders, mental health, | ||||||
14 | co-occurring
disorders or other assessed treatment needs of | ||||||
15 | eligible veteran and
servicemember participants. Veterans and | ||||||
16 | servicemember court programs
are nonadversarial in nature and | ||||||
17 | bring together substance use disorder professionals, mental | ||||||
18 | health professionals, VA professionals, and
local social | ||||||
19 | programs in accordance with the nationally recommended 10 key | ||||||
20 | components of drug courts and Illinois Supreme Court | ||||||
21 | Problem-Solving Court
Standards. Common features of drug court | ||||||
22 | programs include, but are not
limited to, a designated judge | ||||||
23 | and staff; specialized intake and screening
procedures; | ||||||
24 | coordinated treatment procedures administered by a trained,
| ||||||
25 | multidisciplinary professional team; close evaluation of | ||||||
26 | participants,
including continued assessments and modification |
| |||||||
| |||||||
1 | of the court requirements
and use of sanctions, incentives and | ||||||
2 | therapeutic adjustments to address
behavior; frequent judicial | ||||||
3 | interaction with participants; less formal court
process and | ||||||
4 | procedures; voluntary participation; and a low treatment | ||||||
5 | staff-to-
client ratio. | ||||||
6 | "Veterans and Servicemembers Court professional" means a
| ||||||
7 | member of the Veterans and Servicemembers Court team, | ||||||
8 | including
but not limited to a judge, prosecutor, defense | ||||||
9 | attorney,
probation officer, coordinator, treatment provider, | ||||||
10 | or peer
recovery coach. | ||||||
11 | "Community Mental Health Center" means an entity licensed | ||||||
12 | by the Illinois Department of Public Health as a Community | ||||||
13 | Mental Health Center in accordance with the conditions of | ||||||
14 | participation for Community Mental Health Centers established | ||||||
15 | by the Center for Medicare & Medicaid Services. Community | ||||||
16 | Mental Health Centers means an entity that provides outpatient | ||||||
17 | services, including specialized outpatient services for | ||||||
18 | individuals who are chronically mentally ill. | ||||||
19 | "Community Behavioral Health Center" means a physical site | ||||||
20 | where behavioral healthcare services are provided in | ||||||
21 | accordance with the Community Behavioral Health Center | ||||||
22 | Infrastructure Act. | ||||||
23 | (Source: P.A. 99-314, eff. 8-7-15; 99-819, eff. 8-15-16.) | ||||||
24 | (730 ILCS 167/15) | ||||||
25 | Sec. 15. Authorization. |
| |||||||
| |||||||
1 | (a) The Chief Judge of each judicial circuit may shall | ||||||
2 | establish a
Veterans and Servicemembers Court program in | ||||||
3 | compliance with the Problem-Solving Court Standards including | ||||||
4 | a format under which it operates under
this Act . The Veterans | ||||||
5 | and Servicemembers Court may, at the discretion of the Chief | ||||||
6 | Judge, be a
separate court or a program of a problem-solving | ||||||
7 | court, including , but not limited to , a drug court , or mental | ||||||
8 | health court , or operate for defendants with
either substance | ||||||
9 | use, mental health or co-occurring disorders . At the | ||||||
10 | discretion of the Chief
Judge, the Veterans and Servicemembers | ||||||
11 | Court program may be operated in one or more counties in the
| ||||||
12 | Circuit, and allow veteran and servicemember defendants from | ||||||
13 | all counties within the Circuit to
participate.
| ||||||
14 | (b) Whenever the county boards of 2 or more counties | ||||||
15 | within
the same judicial circuit shall determine that a single | ||||||
16 | veterans
and servicemembers court program would best serve | ||||||
17 | those counties,
the county board of each such county shall | ||||||
18 | adopt a resolution to
the effect that there shall be a single | ||||||
19 | veterans and servicemembers
court program serving those | ||||||
20 | counties, and shall provide a copy of
the resolution to the | ||||||
21 | Chief Judge of the judicial circuit. Upon
receipt of those | ||||||
22 | resolutions, the Chief Judge shall establish, or,
in the case | ||||||
23 | of an existing veterans and servicemembers court program,
| ||||||
24 | re-organize a single veterans and servicemembers court program | ||||||
25 | to
serve those counties. | ||||||
26 | (Source: P.A. 99-807, eff. 1-1-18; 100-88, eff. 1-1-18 .) |
| |||||||
| |||||||
1 | (730 ILCS 167/20) | ||||||
2 | Sec. 20. Eligibility. Veterans and Servicemembers are | ||||||
3 | eligible for Veterans and
Servicemembers Courts, provided the | ||||||
4 | following:
| ||||||
5 | (a) A defendant may be admitted to a Veterans and | ||||||
6 | Servicemembers
Court certified by the Illinois Supreme Court , | ||||||
7 | who is eligible for probation based on the nature of the crime | ||||||
8 | convicted of and in consideration of his or her criminal | ||||||
9 | background, if any, may be admitted into a Veterans and | ||||||
10 | Servicemembers Court program
before adjudication only upon the | ||||||
11 | agreement of the defendant and with the approval of the Court. | ||||||
12 | Defendants agree to be admitted when a Written Consent to
| ||||||
13 | Participate is provided to the Court in open court and the | ||||||
14 | defendant
acknowledges understanding its contents
A defendant | ||||||
15 | may be admitted into a Veterans and Servicemembers Court | ||||||
16 | program post-adjudication only with the approval of the court . | ||||||
17 | (b) Each Veterans and Servicemembers Court shall have a | ||||||
18 | targeted
population defined in its written Policies and | ||||||
19 | Procedures. The Policies
and Procedures shall define that | ||||||
20 | court's eligibility and exclusionary
criteria. A defendant | ||||||
21 | shall be excluded from Veterans and Servicemembers Court | ||||||
22 | program if
any of one of the following applies:
| ||||||
23 | (1) The crime is a crime of violence as set forth in | ||||||
24 | clause (3) of this subsection (b). | ||||||
25 | (2) The defendant does not demonstrate a willingness |
| |||||||
| |||||||
1 | to participate in a treatment
program.
| ||||||
2 | (3) The defendant has been convicted of a crime of | ||||||
3 | violence within the past 5 10
years excluding | ||||||
4 | incarceration time . As used in this Section, "crime of | ||||||
5 | violence" means: , including first degree murder,
second | ||||||
6 | degree murder, predatory criminal sexual assault of a | ||||||
7 | child, aggravated criminal
sexual assault, criminal sexual | ||||||
8 | assault, armed robbery, aggravated arson, arson,
| ||||||
9 | aggravated kidnapping and kidnapping, aggravated battery | ||||||
10 | resulting in great bodily harm
or permanent disability, | ||||||
11 | aggravated domestic battery
resulting in greater bodily | ||||||
12 | harm or permanent disability,
aggravated criminal sexual | ||||||
13 | abuse by a person in a position
of trust or authority over | ||||||
14 | a child, stalking, or aggravated stalking , or any offense | ||||||
15 | involving the
discharge of a firearm . | ||||||
16 | (4) (Blank).
| ||||||
17 | (5) The crime for which the defendant has been | ||||||
18 | convicted is non-probationable. | ||||||
19 | (6) The sentence imposed on the defendant, whether the | ||||||
20 | result of a plea or a finding of guilt, renders the | ||||||
21 | defendant ineligible for probation.
| ||||||
22 | (c) Notwithstanding subsection (a), the defendant may be
| ||||||
23 | admitted into a drug court program only upon the agreement of
| ||||||
24 | the prosecutor if: | ||||||
25 | (1) the defendant is charged with a Class 2 or
greater | ||||||
26 | felony violation of: |
| |||||||
| |||||||
1 | (A) Section 401, 401.1, 405, or 405.2 of the
| ||||||
2 | Illinois Controlled Substances Act; | ||||||
3 | (B) Section 5, 5.1, or 5.2 of the Cannabis
Control | ||||||
4 | Act; or | ||||||
5 | (C) Section 15, 20, 25, 30, 35, 40, 45, 50, 55,
56, | ||||||
6 | or 65 of the Methamphetamine Control and Community
| ||||||
7 | Protection Act. | ||||||
8 | (Source: P.A. 99-480, eff. 9-9-15; 100-426, eff. 1-1-18 .) | ||||||
9 | (730 ILCS 167/25)
| ||||||
10 | Sec. 25. Procedure. | ||||||
11 | (a) A The Court shall order the defendant to submit to an | ||||||
12 | eligibility screening and an
assessment of the
defendant shall | ||||||
13 | be performed as required by the Court's Policies
and | ||||||
14 | Procedures. The assessment shall be conducted through the VA, | ||||||
15 | VAC, and/or the IDVA to provide information on the defendant's | ||||||
16 | veteran
or servicemember status.
| ||||||
17 | (b) A The Court shall order the defendant to submit to an | ||||||
18 | eligibility screening and mental
health and substance use | ||||||
19 | disorder drug/alcohol screening and assessment of the | ||||||
20 | defendant by the VA, VAC, or by the IDVA shall be performed as | ||||||
21 | required by the Court's Policies and
Procedures to
provide | ||||||
22 | assessment services for Illinois Courts . The assessment shall | ||||||
23 | include , but is not limited to a validated clinical | ||||||
24 | assessment.
The assessment shall include, but not be limited | ||||||
25 | to,
assessments of substance use, mental and behavioral health |
| |||||||
| |||||||
1 | needs.
The assessment shall be administered by a qualified | ||||||
2 | clinician of the VA, VAC, or IDVA, or individuals who meet the | ||||||
3 | IDHS/SUPR
regulations for professional staff contained in Part | ||||||
4 | 2060 of
Title 77 of the Illinois Administrative Code, or an | ||||||
5 | equivalent
Standard in any other state where treatment may | ||||||
6 | take place, and used to inform any clinical treatment plans. | ||||||
7 | Clinical treatment
plans shall be developed, in accordance | ||||||
8 | with Illinois PSC Standards and risks
assessment and be based , | ||||||
9 | in part, upon the known availability of treatment resources | ||||||
10 | available to
the Veterans and Servicemembers Court. The | ||||||
11 | assessment shall also include recommendations
for treatment of | ||||||
12 | the conditions which are indicating a need for treatment under | ||||||
13 | the monitoring
of the Court and be reflective of a level of | ||||||
14 | risk assessed for the individual seeking admission. An
| ||||||
15 | assessment need not be ordered if the Court finds a valid | ||||||
16 | screening and/or assessment related to
the present charge | ||||||
17 | pending against the defendant has been completed within the | ||||||
18 | previous 60
days.
| ||||||
19 | (c) The judge shall inform the defendant that if the | ||||||
20 | defendant fails to meet the conditions
of the Veterans and | ||||||
21 | Servicemembers Court program, eligibility to participate in | ||||||
22 | the program may
be revoked and the defendant may be sentenced | ||||||
23 | or the prosecution continued as provided in the
Unified Code | ||||||
24 | of Corrections for the crime charged.
| ||||||
25 | (d) The defendant shall execute a written agreement with | ||||||
26 | the Court as to his or her
participation in the program and |
| |||||||
| |||||||
1 | shall agree to all of the terms and conditions of the program,
| ||||||
2 | including but not limited to the possibility of sanctions or | ||||||
3 | incarceration for failing to abide or
comply with the terms of | ||||||
4 | the program.
| ||||||
5 | (e) In addition to any conditions authorized under the | ||||||
6 | Pretrial Services Act and Section 5-6-3 of the Unified Code of | ||||||
7 | Corrections, the Court may order the defendant to complete | ||||||
8 | substance use disorder
abuse treatment in an outpatient, | ||||||
9 | inpatient, residential, or jail-based custodial treatment | ||||||
10 | program,
order the defendant to complete mental health | ||||||
11 | counseling in an inpatient or outpatient basis,
comply with | ||||||
12 | physicians' recommendation regarding medications and all | ||||||
13 | follow up treatment for any mental health diagnosis made by | ||||||
14 | the provider .
Substance
use treatment programs must be | ||||||
15 | licensed by IDPH/SUPR, or
an equivalent standard in any other | ||||||
16 | state where treatment may take place,
and
use evidence-based | ||||||
17 | treatment. When
referring participants to mental health | ||||||
18 | treatment programs, the
court shall prioritize providers | ||||||
19 | certified as community mental
health or behavioral health | ||||||
20 | centers as possible. The court shall
prioritize the least | ||||||
21 | restrictive treatment option when ordering
mental health or | ||||||
22 | substance use treatment for participants. The
court may order | ||||||
23 | jail-based custodial treatment if it finds that
jail-based | ||||||
24 | treatment is the least restrictive alternative based on
| ||||||
25 | evidence that efforts were made to locate less restrictive | ||||||
26 | alternatives
to secure confinement and the reasons why efforts |
| |||||||
| |||||||
1 | were unsuccessful in
locating a less restrictive alternative | ||||||
2 | to jail-based custodial treatment. This treatment may include | ||||||
3 | but is not limited to post-traumatic stress disorder, | ||||||
4 | traumatic brain
injury and depression.
| ||||||
5 | (e-5) The veterans and servicemembers treatment court | ||||||
6 | shall include
a regimen of graduated requirements, individual | ||||||
7 | and group therapy substance
analysis testing, close monitoring | ||||||
8 | by the court, supervision of progress,
restitution, | ||||||
9 | educational or vocational counseling as appropriate, and other
| ||||||
10 | requirements necessary to fulfill the drug court program. | ||||||
11 | Program phases,
therapeutic adjustments, incentives, and | ||||||
12 | sanctions, including the use of
jail sanctions, shall be | ||||||
13 | administered in accordance with evidence-based practices
and | ||||||
14 | the Illinois PSC Standards. If the defendant needs treatment | ||||||
15 | for an opioid
use disorder or dependence, the court may not | ||||||
16 | prohibit the defendant from
participating in and receiving | ||||||
17 | medication assisted treatment under the care
of a physician | ||||||
18 | licensed in this State to practice medicine in all of its
| ||||||
19 | branches. Veteran and servicemembers court participants may | ||||||
20 | not be required
to refrain from using medication assisted | ||||||
21 | treatment as a term or condition of successful completion of | ||||||
22 | the drug court program. | ||||||
23 | (e-10) Recognizing that individuals struggling with
mental | ||||||
24 | health, substance use and related co-occurring disorders have
| ||||||
25 | often experienced trauma, veterans and servicemembers court | ||||||
26 | programs
may include specialized service programs specifically |
| |||||||
| |||||||
1 | designed to
address trauma. These specialized services may be | ||||||
2 | offered to defendants
admitted to the mental health court | ||||||
3 | program. Judicial circuits
establishing these specialized | ||||||
4 | programs shall partner with advocates,
survivors, and service | ||||||
5 | providers in the development of the programs.
Trauma-informed | ||||||
6 | services and programming should be operated in
accordance with | ||||||
7 | evidence-based practices as outlined by the Substance Abuse
| ||||||
8 | and Mental Health Service Administration's National Center for | ||||||
9 | Trauma
Informed Care (SAMHSA).
| ||||||
10 | (f) The Court may establish a mentorship program that | ||||||
11 | provides access and support to program participants by peer | ||||||
12 | recovery coaches. Courts shall be responsible to administer | ||||||
13 | the mentorship program with the support of volunteer veterans | ||||||
14 | and local veteran service organizations, including a VAC. Peer | ||||||
15 | recovery coaches shall be trained and certified by the Court | ||||||
16 | prior to being assigned to participants in the program. | ||||||
17 | (Source: P.A. 99-314, eff. 8-7-15; 99-819, eff. 8-15-16.) | ||||||
18 | (730 ILCS 167/30)
| ||||||
19 | Sec. 30. Mental health and substance use disorder abuse | ||||||
20 | treatment. | ||||||
21 | (a) The Veterans and Servicemembers Court program may | ||||||
22 | maintain a network of
substance use disorder abuse treatment | ||||||
23 | programs representing a continuum of graduated substance use | ||||||
24 | disorder abuse
treatment options commensurate with the needs | ||||||
25 | of defendants; these shall include programs with
the VA, IDVA, |
| |||||||
| |||||||
1 | a VAC, the State of Illinois and community-based programs | ||||||
2 | supported and sanctioned by
either or both.
| ||||||
3 | (b) Any substance use abuse treatment program to which | ||||||
4 | defendants are referred must be licensed by IDHS/SUPR, or an | ||||||
5 | equivalent
standard in any other state where treatment may | ||||||
6 | take place, use evidence-based treatment, and deliver all | ||||||
7 | services
in accordance with the regulations contained meet
all | ||||||
8 | of the rules and governing programs in Parts 2030 and 2060 of | ||||||
9 | Title 77 of the Illinois
Administrative Code , or an equivalent | ||||||
10 | standard in
any other state where treatment may take place .
| ||||||
11 | (c) The Veterans and Servicemembers Court program may, in | ||||||
12 | its discretion, employ
additional services or interventions, | ||||||
13 | as it deems necessary on a case by case basis.
| ||||||
14 | (d) The Veterans and Servicemembers Court program may | ||||||
15 | maintain or collaborate with a
network of mental health | ||||||
16 | treatment programs and, if it is a co-occurring mental health | ||||||
17 | and
substance use disorder abuse court program, a network of | ||||||
18 | substance use disorder abuse treatment programs representing a
| ||||||
19 | continuum of treatment options commensurate with the needs of | ||||||
20 | the defendant and available
resources including programs with | ||||||
21 | the VA, the IDVA, a VAC, and the State of Illinois.
When not | ||||||
22 | using mental health treatment
or services available through | ||||||
23 | the VA, IDVA or VAC, partnerships
with providers certified as | ||||||
24 | community mental health or behavioral
health centers shall be | ||||||
25 | prioritized as possible.
| ||||||
26 | (Source: P.A. 99-819, eff. 8-15-16.) |
| |||||||
| |||||||
1 | (730 ILCS 167/35)
| ||||||
2 | Sec. 35. Violation; termination; discharge. | ||||||
3 | (a) If the Court finds from the evidence presented | ||||||
4 | including but not limited to the reports
or proffers of proof | ||||||
5 | from the Veterans and Servicemembers Court professionals that:
| ||||||
6 | (1) the defendant is not complying with the | ||||||
7 | requirements
of the treatment program performing | ||||||
8 | satisfactorily in the assigned program ; | ||||||
9 | (2) (blank); the defendant is not benefitting from | ||||||
10 | education, treatment, or rehabilitation; | ||||||
11 | (3) the defendant has engaged in criminal conduct | ||||||
12 | rendering him or her
unsuitable for the program; or
| ||||||
13 | (4) the defendant has otherwise violated the terms and | ||||||
14 | conditions of the program
or his or her sentence or is for | ||||||
15 | any reason unable to participate ; the Court may impose | ||||||
16 | reasonable sanctions under prior written agreement of the
| ||||||
17 | defendant, including but not limited to imprisonment or | ||||||
18 | dismissal of the defendant from the
program and the Court | ||||||
19 | may reinstate criminal proceedings against him or her or | ||||||
20 | proceed under
Section 5-6-4 of the Unified Code of | ||||||
21 | Corrections for a violation of probation, conditional
| ||||||
22 | discharge, or supervision hearing. Based on the evidence
| ||||||
23 | presented, the court shall determine whether the defendant | ||||||
24 | has
violated the conditions of the program and whether the | ||||||
25 | defendant
should be dismissed from the program, or |
| |||||||
| |||||||
1 | whether, pursuant to
the court's Policies and Procedures, | ||||||
2 | some other alternative
may be appropriate in the interests | ||||||
3 | of the defendant and the public. | ||||||
4 | (a-5) A defendant who is assigned to a substance use | ||||||
5 | disorder treatment
program under this Act for an opioid use | ||||||
6 | disorder is not in violation of the
terms or conditions of the | ||||||
7 | program on the basis of his or her participation
in medication | ||||||
8 | assisted treatment under the care of a physician licensed to | ||||||
9 | practice medicine in all of its branches. | ||||||
10 | (a-10) A defendant may voluntarily withdraw from the drug | ||||||
11 | court program
In accordance with the drug court program's | ||||||
12 | policies and procedures. Prior to
allowing the participant to | ||||||
13 | withdraw, the judge shall: | ||||||
14 | (i) ensure that the participant has the right to | ||||||
15 | consult with
counsel prior to withdrawal; | ||||||
16 | (ii) determine in open court that the withdrawal is | ||||||
17 | made
voluntarily and knowingly; and | ||||||
18 | (iii) admonish the participant in open court as to the
| ||||||
19 | consequences, actual or potential, which can result from
| ||||||
20 | withdrawal. | ||||||
21 | Upon withdrawal, the criminal proceedings may be | ||||||
22 | reinstated against the defendant or proceedings under Section | ||||||
23 | 5-6-4 of the Unified Code of Corrections for a violation of | ||||||
24 | probation, conditional discharge, or supervision hearing may | ||||||
25 | be initiated. | ||||||
26 | (b) Upon successful completion of the terms and conditions |
| |||||||
| |||||||
1 | of the program, the Court
may dismiss the original charges | ||||||
2 | against the defendant or successfully terminate the | ||||||
3 | defendant's
sentence or otherwise discharge him or her from | ||||||
4 | any further proceedings against the defendant him or her in
| ||||||
5 | the original prosecution.
| ||||||
6 | (c) Upon successful completion of the terms and conditions | ||||||
7 | of
the program, any State's Attorney in the county of | ||||||
8 | conviction may
move to vacate any convictions eligible for | ||||||
9 | sealing under the Criminal
Identification Act. Defendants may | ||||||
10 | immediately file
petitions to expunge vacated convictions and | ||||||
11 | the associated underlying
records per the Criminal | ||||||
12 | Identification Act. In cases where the State's
Attorney moves | ||||||
13 | to vacate a conviction, the State's
Attorney may not object to | ||||||
14 | expungement
of that conviction or the underlying record. | ||||||
15 | (d) Veterans and servicemembers court programs may | ||||||
16 | maintain or
collaborate with a network of legal aid | ||||||
17 | organizations that specialize in
conviction relief to support | ||||||
18 | participants navigating the expungement
and sealing process.
| ||||||
19 | (Source: P.A. 96-924, eff. 6-14-10.) | ||||||
20 | (730 ILCS 167/40 new) | ||||||
21 | Sec. 40. Education for judges. A judge assigned to
preside | ||||||
22 | over a PSC should have experience and training and
continuing | ||||||
23 | education in topics, including, but not limited to:
(1) | ||||||
24 | criminal law; (2) behavioral health; (3) confidentiality;
(4) | ||||||
25 | ethics; (5) evidence-based practices; (6) substance use
|
| |||||||
| |||||||
1 | Disorders; (7) mental illness; (8) co-occurring disorders; and
| ||||||
2 | (9) presiding over various types of PSCs. | ||||||
3 | (730 ILCS 167/45 new) | ||||||
4 | Sec. 45. Education seminars for Veterans and | ||||||
5 | Servicemembers
Court prosecutors. Subject to appropriation, | ||||||
6 | the Office of the
State's Attorneys Appellate Prosecutor shall | ||||||
7 | conduct mandatory
education seminars on the subjects of | ||||||
8 | substance use disorders, addiction
and mental health, for all | ||||||
9 | Veterans and Servicemembers Court
prosecutors throughout the | ||||||
10 | State to ensure that the PSC
maintains fidelity to the PSC | ||||||
11 | model. Topics include, but are not
limited to, evidence-based | ||||||
12 | screening, assessment and treatment
practices, target | ||||||
13 | population, substance use disorders, mental illness,
| ||||||
14 | disability, co-occurring disorders, trauma, confidentiality, | ||||||
15 | criminogenic
risks and needs, incentives and sanctions, court | ||||||
16 | processes, limited
English proficiency and team dynamics. | ||||||
17 | (730 ILCS 167/50 new) | ||||||
18 | Sec. 50. Education seminars for public defenders. Subject | ||||||
19 | to
appropriation, the Office of the State Appellate Defender | ||||||
20 | shall
conduct mandatory education seminars for all public
| ||||||
21 | defenders and assistant public defenders practicing in | ||||||
22 | Veterans
and Servicemembers Court courts throughout the State, | ||||||
23 | to ensure
that the PSC maintains fidelity to the PSC model. | ||||||
24 | Topics include,
but are not limited to, evidence-based |
| |||||||
| |||||||
1 | screening, assessment and
training practices, target | ||||||
2 | population, substance use disorders,
mental illness, | ||||||
3 | disability, co-occurring disorders, trauma,
confidentiality, | ||||||
4 | criminogenic risks and needs, incentives and
sanctions, court | ||||||
5 | processes, limited English proficiency and team
dynamics. | ||||||
6 | Section 15. The Mental Health Court Treatment Act is | ||||||
7 | amended by changing Sections 5, 10, 15, 20, 25, 30, 35, 45 and | ||||||
8 | by adding Sections 45, 50, and 55 as follows: | ||||||
9 | (730 ILCS 168/5)
| ||||||
10 | Sec. 5. Purposes. The General Assembly recognizes that | ||||||
11 | individuals
with diagnosable mental illness may come into | ||||||
12 | contact with the criminal
justice system and be charged with | ||||||
13 | felony or misdemeanor offenses. a large percentage of criminal | ||||||
14 | defendants have a diagnosable mental illness and that mental | ||||||
15 | illnesses have a dramatic effect on the criminal justice | ||||||
16 | system in the State of Illinois. The General Assembly also | ||||||
17 | recognizes that mental illness and substance use disorders | ||||||
18 | abuse problems co-occur in a substantial percentage of | ||||||
19 | criminal defendants. There is a critical need for the a | ||||||
20 | criminal justice system to recognize individuals struggling
| ||||||
21 | with these issues, provide alternatives to incarceration to | ||||||
22 | address
mental illness, and provide appropriate access to | ||||||
23 | treatment and support
to such persons. program that will | ||||||
24 | reduce the number of persons with mental illnesses and with |
| |||||||
| |||||||
1 | co-occurring mental illness and substance abuse problems in | ||||||
2 | the criminal justice system, reduce recidivism among persons | ||||||
3 | with mental illness and with co-occurring mental illness and | ||||||
4 | substance abuse problems, provide appropriate treatment to | ||||||
5 | persons with mental illnesses and co-occurring mental illness | ||||||
6 | and substance abuse problems and reduce the incidence of | ||||||
7 | crimes committed as a result of mental illnesses or | ||||||
8 | co-occurring mental illness and substance abuse problems. It | ||||||
9 | is the intent of the General Assembly to create specialized | ||||||
10 | mental health courts , in accordance with evidence-based
| ||||||
11 | practices and Illinois Supreme Court Standards for addressing | ||||||
12 | substance
use and co-occurring disorders with the necessary | ||||||
13 | flexibility to meet the needs for an array of services and | ||||||
14 | supports among participants in mental health court programs | ||||||
15 | problems of criminal defendants with mental illnesses and | ||||||
16 | co-occurring mental illness and substance abuse problems in | ||||||
17 | the State of Illinois.
| ||||||
18 | (Source: P.A. 95-606, eff. 6-1-08 .) | ||||||
19 | (730 ILCS 168/10)
| ||||||
20 | Sec. 10. Definitions. As used in this Act: | ||||||
21 | "Mental health court", "mental health court program", | ||||||
22 | "court", or "program" means a specially designated court, | ||||||
23 | court calendar, or docket
facilitating intensive therapeutic | ||||||
24 | treatment to monitor and assist
participants with structured | ||||||
25 | judicial intervention process for mental illness. Mental |
| |||||||
| |||||||
1 | health
court programs are non-adversarial in nature and bring | ||||||
2 | health treatment of eligible defendants that brings together | ||||||
3 | mental health professionals, local social programs in
| ||||||
4 | accordance with the nationally recommended essential elements | ||||||
5 | of a
mental health court and Illinois Supreme Court | ||||||
6 | Problem-Solving Standards.
Common features of mental health | ||||||
7 | court programs include, but are not
limited to, a designated | ||||||
8 | judge and staff; specialized intake and screening
procedures; | ||||||
9 | coordinated treatment procedures administered by a trained,
| ||||||
10 | multidisciplinary professional team; close evaluation of | ||||||
11 | participants,
including continued assessments and modification | ||||||
12 | of the court requirements
and use of sanctions, incentives and | ||||||
13 | therapeutic adjustments to address
behavior; frequent judicial | ||||||
14 | interaction with participants; less formal court
process and | ||||||
15 | procedures; voluntary participation; and a low treatment | ||||||
16 | staff-
to-client ratio , and intensive judicial monitoring . | ||||||
17 | "Mental health court professional" means a member of the | ||||||
18 | mental health court team, including
but not limited to a | ||||||
19 | judge, prosecutor, defense attorney, probation officer, | ||||||
20 | coordinator, treatment provider, or peer recovery coach. | ||||||
21 | "Pre-adjudicatory mental health court program" means a | ||||||
22 | program that allows the defendant, with their agreement and | ||||||
23 | the consent of the prosecution, to enter the drug court | ||||||
24 | program before
plea, conviction, or disposition expedite the | ||||||
25 | defendant's criminal case before conviction or before filing | ||||||
26 | of a criminal case and requires successful completion of the |
| |||||||
| |||||||
1 | mental health court program as part of the agreement. | ||||||
2 | "Post-adjudicatory mental health court program" means a | ||||||
3 | program that allows an individual who in which the defendant | ||||||
4 | has admitted guilt or has been found guilty and agrees, along | ||||||
5 | with the prosecution, to enter a mental health court program | ||||||
6 | as part of the defendant's sentence. | ||||||
7 | "Combination mental health court program" means a mental | ||||||
8 | health court program that
includes a pre-adjudicatory mental | ||||||
9 | health court program and a post-adjudicatory mental health | ||||||
10 | court program. | ||||||
11 | "Co-occurring mental health and substance use abuse court | ||||||
12 | program" means a program that includes persons with | ||||||
13 | co-occurring mental illness and substance use disorder abuse | ||||||
14 | problems . Such programs
shall include professionals with | ||||||
15 | training and experience in treating persons with substance use | ||||||
16 | disorders abuse problems and mental illness.
| ||||||
17 | "Problem-Solving Courts (PSC) Standards" means the | ||||||
18 | statewide
standards adopted by the Illinois Supreme Court | ||||||
19 | which set forth the
minimum requirements for the planning, | ||||||
20 | establishment, certification,
operation and evaluation of all | ||||||
21 | problem-solving courts in Illinois. | ||||||
22 | "Certification" means the process by which a | ||||||
23 | problem-solving
court obtains approval from the Supreme Court | ||||||
24 | to operate in accordance
with the Problem-Solving Court | ||||||
25 | Standards. | ||||||
26 | "Clinical treatment plan" means an evidence-based,
|
| |||||||
| |||||||
1 | comprehensive, and individualized plan that is developed by
a | ||||||
2 | qualified professional and
defines the scope of
treatment | ||||||
3 | services to be delivered by a treatment provider. | ||||||
4 | "Validated clinical assessment" may include assessment | ||||||
5 | tools
required by public or private insurance. | ||||||
6 | "Peer recovery coach" means a mentor assigned to a | ||||||
7 | defendant
during participation in a mental health treatment | ||||||
8 | court program who has been
trained by the court, a service | ||||||
9 | provider used
by the court for substance use or mental health | ||||||
10 | treatment, a local service provider
with established peer | ||||||
11 | recovery coach or mentor programs not otherwise
used by the | ||||||
12 | court for treatment, or be a Certified Recovery Support
| ||||||
13 | Specialist (CRSS) certified by the Illinois Certification | ||||||
14 | Board. Peer recovery coaches should be individuals with lived | ||||||
15 | experience
of the issues
problem solving courts seek to | ||||||
16 | address, including, but not limited to,
substance use | ||||||
17 | disorders, mental health, and co-occurring disorders, and | ||||||
18 | involvement with the criminal justice system. Peer recovery | ||||||
19 | coaches
shall guide and mentor the participant to successfully | ||||||
20 | complete
assigned requirements and work to help facilitate | ||||||
21 | participants'
independence for continued success once the | ||||||
22 | supports of the court are
no longer available to them. | ||||||
23 | "Community Mental Health Center" means an entity licensed | ||||||
24 | by
the Illinois Department of Public Health as a Community | ||||||
25 | Mental Health
Center in accordance with the conditions of | ||||||
26 | participation for Community
Mental Health Centers established |
| |||||||
| |||||||
1 | by the Center for Medicare & Medicaid
Services. Community | ||||||
2 | Mental Health Centers means an entity that provides
outpatient | ||||||
3 | services, including specialized outpatient services for | ||||||
4 | individuals
who are chronically mentally ill. | ||||||
5 | "Community Behavioral Health Center" means a physical site | ||||||
6 | where
behavioral healthcare services are provided in | ||||||
7 | accordance with the Community Behavioral Health Center | ||||||
8 | Infrastructure Act.
| ||||||
9 | (Source: P.A. 97-946, eff. 8-13-12.) | ||||||
10 | (730 ILCS 168/15)
| ||||||
11 | Sec. 15. Authorization. The Chief Judge of each judicial | ||||||
12 | circuit may establish a mental health court program in | ||||||
13 | compliance
with the Problem-Solving Court Standards. At the | ||||||
14 | discretion of the
Chief Judge, the mental health court program | ||||||
15 | may be operated in one
or more counties of the circuit and | ||||||
16 | allow the defendants from all
counties within the circuit to | ||||||
17 | participate. Mental Health Court programs
must be certified by | ||||||
18 | the Supreme Court. , including the format under which it | ||||||
19 | operates under this Act.
| ||||||
20 | (b)Whenever the county boards of 2 or more counties within
| ||||||
21 | the same judicial circuit shall determine that a single mental | ||||||
22 | health
court program would best serve those counties, the | ||||||
23 | county board of
each such county shall adopt a resolution to | ||||||
24 | the effect that there
shall be a single mental health court | ||||||
25 | program serving those counties,
and shall provide a copy of |
| |||||||
| |||||||
1 | the resolution to the Chief Judge of the
judicial circuit. | ||||||
2 | Upon receipt of those resolutions, the Chief Judge
shall | ||||||
3 | establish or, in the case of an existing mental health court | ||||||
4 | program,
re-organize a single mental health court program to | ||||||
5 | serve these counties. | ||||||
6 | (Source: P.A. 95-606, eff. 6-1-08 .) | ||||||
7 | (730 ILCS 168/20) | ||||||
8 | Sec. 20. Eligibility. | ||||||
9 | (a) A defendant, who is eligible for probation based on | ||||||
10 | the nature of the crime convicted of and in consideration of | ||||||
11 | his or her criminal background, if any, may be admitted into a | ||||||
12 | mental health court program only upon the agreement of the | ||||||
13 | defendant and with the approval of the court. A defendant | ||||||
14 | agrees to be admitted
when a Written Consent to Participate is | ||||||
15 | provided to the Court in open
court and the defendant | ||||||
16 | acknowledges understanding its contents. | ||||||
17 | (a-5) Each mental health court shall have a target | ||||||
18 | population defined
in its written Policies and Procedures. The | ||||||
19 | Policies and Procedures shall
define that court's eligibility | ||||||
20 | and exclusionary criteria. | ||||||
21 | (b) A defendant shall be excluded from a mental health | ||||||
22 | court program if any one of the following applies: | ||||||
23 | (1) The crime is a crime of violence as set forth in | ||||||
24 | clause (3) of this subsection (b). | ||||||
25 | (2) The defendant does not demonstrate a willingness |
| |||||||
| |||||||
1 | to participate in a treatment program. | ||||||
2 | (3) The defendant has been convicted of a crime of | ||||||
3 | violence within the past 5 10 years excluding | ||||||
4 | incarceration time. As used in this paragraph (3), "crime | ||||||
5 | of violence" means: first degree murder, second degree | ||||||
6 | murder, predatory criminal sexual assault of a child, | ||||||
7 | aggravated criminal sexual assault, criminal sexual | ||||||
8 | assault, armed robbery, aggravated arson, arson, | ||||||
9 | aggravated kidnapping, kidnapping, aggravated battery | ||||||
10 | resulting in great bodily harm or permanent disability, | ||||||
11 | aggravated domestic battery resulting in
great bodily harm | ||||||
12 | or permanent disability, aggravated criminal
sexual abuse | ||||||
13 | by a person in a position of trust or authority over
a | ||||||
14 | child, stalking, or aggravated stalking , or any offense | ||||||
15 | involving the discharge of a firearm . | ||||||
16 | (4) (Blank). | ||||||
17 | (5) The crime for which the defendant has been | ||||||
18 | convicted is non-probationable. | ||||||
19 | (6) The sentence imposed on the defendant, whether the | ||||||
20 | result of a plea or a finding of guilt, renders the | ||||||
21 | defendant ineligible for probation.
| ||||||
22 | (c) Notwithstanding subsection (a), the defendant may be | ||||||
23 | admitted
Into a mental health court program only upon | ||||||
24 | agreement of the prosecutor if: | ||||||
25 | (1) the defendant is charged with a Class 2 or greater
| ||||||
26 | felony violation of: |
| |||||||
| |||||||
1 | (A) Section 401, 401.1, 405, or 405.2 of the
| ||||||
2 | Illinois Controlled Substances Act; | ||||||
3 | (B) Section 5, 5.1, or 5.2 of the Cannabis
Control | ||||||
4 | Act; or | ||||||
5 | (C) Section 15, 20, 25, 30, 35, 40, 45, 50, 55,
56, | ||||||
6 | or 65 of the Methamphetamine Control and Community
| ||||||
7 | Protection Act. | ||||||
8 | A defendant charged with prostitution under Section 11-14 of | ||||||
9 | the Criminal Code of 2012 may be admitted into a mental health | ||||||
10 | court program, if available in the jurisdiction and provided | ||||||
11 | that the requirements in subsections (a) and (b) are | ||||||
12 | satisfied. Mental health court programs may include | ||||||
13 | specialized service programs specifically designed to address | ||||||
14 | the trauma associated with prostitution and human trafficking, | ||||||
15 | and may offer those specialized services to defendants | ||||||
16 | admitted to the mental health court program. Judicial circuits | ||||||
17 | establishing these specialized programs shall partner with | ||||||
18 | prostitution and human trafficking advocates, survivors, and | ||||||
19 | service providers in the development of the programs. | ||||||
20 | (Source: P.A. 100-426, eff. 1-1-18 .) | ||||||
21 | (730 ILCS 168/25)
| ||||||
22 | Sec. 25. Procedure. | ||||||
23 | (a) A The court shall require an eligibility screening and | ||||||
24 | needs an assessment of the defendant shall be performed as | ||||||
25 | required by the
Court's Policies and Procedures . The |
| |||||||
| |||||||
1 | assessment shall include a
validated clinical assessment. The | ||||||
2 | clinical assessment shall include,
but not be limited to, | ||||||
3 | assessments of substance use disorder, mental and
behavioral | ||||||
4 | health needs. The clinical assessment shall be administered
by | ||||||
5 | a qualified clinician and used to inform any clinical | ||||||
6 | treatment plans.
Clinical treatment plans shall be developed, | ||||||
7 | in part, upon the known
availability of treatment resources | ||||||
8 | available. Assessments for substance
use disorder shall be | ||||||
9 | conducted in accordance with the Illinois
Department of Human | ||||||
10 | Services/Division of Substance Use Prevention and
Recovery | ||||||
11 | (IDHS/SUPR) regulations contained in Part 2060 of Title 77 of
| ||||||
12 | the Illinois Administrative Code or an equivalent standard in | ||||||
13 | any other
state where treatment may take place,
and conducted | ||||||
14 | by individuals who meet
the IDHS/SUPR regulations for | ||||||
15 | professional staff also contained within
that Code, or an | ||||||
16 | equivalent standard in any other state where treatment may | ||||||
17 | take place. The assessments shall be used to inform any | ||||||
18 | Clinical Treatment
Plans. Clinical Treatment Plans shall be | ||||||
19 | developed in accordance with Illinois
PSC Standards and, in | ||||||
20 | part, upon the known availability of treatment resources
| ||||||
21 | available. An assessment need not be ordered if the court | ||||||
22 | finds a valid assessment related to the present charge pending | ||||||
23 | against the defendant has been completed within the previous | ||||||
24 | 60 days. | ||||||
25 | (b) The judge shall inform the defendant that if the | ||||||
26 | defendant fails to meet the requirements of the mental health |
| |||||||
| |||||||
1 | court program, eligibility to participate in the program may | ||||||
2 | be revoked and the defendant may be sentenced or the | ||||||
3 | prosecution continued, as provided in the Unified Code of | ||||||
4 | Corrections, for the crime charged. | ||||||
5 | (c) The defendant shall execute a written agreement as to | ||||||
6 | his or her participation in the program and shall agree to all | ||||||
7 | of the terms and conditions of the program, including but not | ||||||
8 | limited to the possibility of sanctions or incarceration for | ||||||
9 | failing to abide or comply with the terms of the program. | ||||||
10 | (d) In addition to any conditions authorized under the | ||||||
11 | Pretrial Services Act and Section 5-6-3 of the Unified Code of | ||||||
12 | Corrections, the court may order the defendant to complete | ||||||
13 | mental health or substance use disorder abuse treatment in an | ||||||
14 | outpatient, inpatient, residential, or jail-based custodial | ||||||
15 | treatment program , order the defendant to
complete mental | ||||||
16 | health counseling in an inpatient or outpatient basis,
comply | ||||||
17 | with physicians' recommendation regarding medications and all
| ||||||
18 | follow up treatment for any mental health diagnosis made by | ||||||
19 | the provider.
Substance use disorder treatment programs must | ||||||
20 | be
licensed by IDHS/SUPR, or an equivalent standard in any | ||||||
21 | other state where treatment may take place and use | ||||||
22 | evidence-based treatment. When referring participants to | ||||||
23 | mental health treatment
programs, the court shall prioritize | ||||||
24 | providers certified as community
mental health or behavioral | ||||||
25 | health centers as possible. The court shall
prioritize the | ||||||
26 | least restrictive treatment option when ordering
mental health |
| |||||||
| |||||||
1 | or substance use treatment for participants. The
court may | ||||||
2 | order jail-based custodial treatment if it finds that
| ||||||
3 | jail-based treatment is the least restrictive alternative | ||||||
4 | based on
evidence that efforts were made to locate less | ||||||
5 | restrictive alternatives
to secure confinement and the reasons | ||||||
6 | why efforts were unsuccessful in
locating a less restrictive | ||||||
7 | alternative to jail-based custodial treatment . Any period of | ||||||
8 | time a defendant shall serve in a jail-based treatment program | ||||||
9 | may not be reduced by the accumulation of good time or other | ||||||
10 | credits and may be for a period of up to 120 days. | ||||||
11 | (e) The mental health court program may include a regimen | ||||||
12 | of graduated requirements including and rewards and sanctions, | ||||||
13 | including but not limited to: fines, fees, costs, restitution, | ||||||
14 | incarceration of up to 180 days, individual and group therapy, | ||||||
15 | medication, substance drug analysis testing, close monitoring | ||||||
16 | by the court , and supervision of progress, restitution, | ||||||
17 | educational or vocational counseling as appropriate and other | ||||||
18 | requirements necessary to fulfill the mental health court | ||||||
19 | program.
Program phases, therapeutic adjustments,
incentives, | ||||||
20 | and sanctions, including the use of jail sanctions,
shall be | ||||||
21 | administered in accordance with evidence-based practices and
| ||||||
22 | the Illinois PSC Standards. If the defendant needs treatment | ||||||
23 | for an
opioid use disorder or dependence, the court may not | ||||||
24 | prohibit the
defendant from participating in and receiving | ||||||
25 | medication assisted treatment
under the care of a physician | ||||||
26 | licensed in this State to practice medicine
in all of its |
| |||||||
| |||||||
1 | branches. Mental health court participants may not be required
| ||||||
2 | to refrain from using medication assisted treatment as a term | ||||||
3 | or condition
of successful completion of the mental health | ||||||
4 | court program. | ||||||
5 | (f) The Mental Health Court program may maintain or | ||||||
6 | collaborate
with a network of mental health treatment programs | ||||||
7 | and, if it is
a co-occurring mental health and substance use | ||||||
8 | court program,
a network of substance use treatment programs | ||||||
9 | representing a
continuum of treatment options commensurate | ||||||
10 | with the needs of the
defendant and available resources | ||||||
11 | including programs with the State
of Illinois. | ||||||
12 | (g) Recognizing that individuals struggling with
mental | ||||||
13 | health, addiction and related co-occurring disorders have
| ||||||
14 | often experienced trauma, mental health court programs may | ||||||
15 | include
specialized service programs specifically designed to | ||||||
16 | address trauma.
These specialized services may be offered to | ||||||
17 | defendants admitted to
the mental health court program. | ||||||
18 | Judicial circuits establishing these
specialized programs | ||||||
19 | shall partner with service providers in the
development of the | ||||||
20 | programs. Trauma-informed services and programming
should be | ||||||
21 | operated in accordance with evidence-based best practices
as
| ||||||
22 | outlined by the
Substance Abuse and Mental Health Service | ||||||
23 | Administration's National
Center for Trauma Informed Care | ||||||
24 | (SAMHSA). | ||||||
25 | (h) The Court may establish a mentorship program that
| ||||||
26 | provides access and support to program participants by peer
|
| |||||||
| |||||||
1 | recovery coaches. Courts shall be responsible to administer | ||||||
2 | the
mentorship program with the support of mentors and local | ||||||
3 | mental
health and substance use disorder treatment | ||||||
4 | organizations.
| ||||||
5 | (Source: P.A. 95-606, eff. 6-1-08 .) | ||||||
6 | (730 ILCS 168/30)
| ||||||
7 | Sec. 30. Mental health and substance use abuse treatment. | ||||||
8 | (a) The mental health court program may maintain or | ||||||
9 | collaborate with a network of mental
health treatment programs | ||||||
10 | and, if it is a co-occurring mental health and substance use | ||||||
11 | disorder abuse court program, a network of substance use abuse | ||||||
12 | treatment programs representing a continuum of treatment | ||||||
13 | options commensurate with the needs of defendants and | ||||||
14 | available resources. | ||||||
15 | (b) Any substance use disorder abuse treatment program to | ||||||
16 | which defendants are referred must be licensed by the State of | ||||||
17 | Illinois
as SUPR providers, use evidence-based treatment, and | ||||||
18 | meet all of the rules and governing programs in Parts 2030 and | ||||||
19 | 2060 of Title 77 of the Illinois Administrative Code. | ||||||
20 | (c) The mental health court program may, at its | ||||||
21 | discretion, employ additional services or interventions, as it | ||||||
22 | deems necessary on a case by case basis.
| ||||||
23 | (Source: P.A. 95-606, eff. 6-1-08 .) | ||||||
24 | (730 ILCS 168/35)
|
| |||||||
| |||||||
1 | Sec. 35. Violation; termination; discharge.
| ||||||
2 | (a) If the court finds from the evidence presented, | ||||||
3 | including but not limited to the reports or proffers of proof | ||||||
4 | from the mental health court professionals that: | ||||||
5 | (1) the defendant is not complying with the | ||||||
6 | requirements
of the treatment program performing | ||||||
7 | satisfactorily in the assigned program ; | ||||||
8 | (2) (blank); the defendant is not benefiting from | ||||||
9 | education, treatment, or rehabilitation; | ||||||
10 | (3) the defendant has engaged in criminal conduct | ||||||
11 | rendering him or her unsuitable for the program; or | ||||||
12 | (4) the defendant has otherwise violated the terms and | ||||||
13 | conditions of the program or his or her sentence or is for | ||||||
14 | any reason unable to participate ;
| ||||||
15 | the court may impose reasonable sanctions under prior written | ||||||
16 | agreement of the defendant, including but not limited to | ||||||
17 | imprisonment or dismissal of the defendant from the program; | ||||||
18 | and the court may reinstate criminal proceedings against the | ||||||
19 | defendant him or her or proceed under Section 5-6-4 of the | ||||||
20 | Unified Code of Corrections for a violation of probation, | ||||||
21 | conditional discharge, or supervision hearing. Based on the | ||||||
22 | evidence presented, the court
shall determine whether the | ||||||
23 | defendant has violated the conditions of
the program and | ||||||
24 | whether the defendant should be dismissed from the
program or | ||||||
25 | whether, pursuant to the court's Policies and Procedures,
some | ||||||
26 | other alternative may be appropriate in the interests of the
|
| |||||||
| |||||||
1 | defendant and the public.
| ||||||
2 | (a-5) A defendant may voluntarily withdraw from the mental | ||||||
3 | health
court program in accordance with the mental health | ||||||
4 | court program's Policies
and Procedures. Prior to allowing the | ||||||
5 | participant to withdraw, the judge shall: | ||||||
6 | (i) ensure that the participant has the right to | ||||||
7 | consult with
counsel prior to withdrawal; | ||||||
8 | (ii) determine in open court that the withdrawal is | ||||||
9 | made
voluntarily and knowingly; and | ||||||
10 | (iii) admonish the participant in open court as to the
| ||||||
11 | consequences, actual or potential, which can result from
| ||||||
12 | withdrawal. | ||||||
13 | Upon withdrawal, the criminal proceedings may be | ||||||
14 | reinstated against the
defendant or proceedings under Section | ||||||
15 | 5-6-4 of the Unified Code of Corrections
for a violation of | ||||||
16 | probation, conditional discharge, or supervision hearing may
| ||||||
17 | be initiated. | ||||||
18 | (a-10) No defendant may be dismissed from the program | ||||||
19 | unless, prior to such dismissal, the defendant is informed in | ||||||
20 | writing: (i) of the reason or reasons for the dismissal; (ii) | ||||||
21 | the evidentiary basis supporting the reason or reasons for the | ||||||
22 | dismissal; (iii) that the defendant has a right to a hearing at
| ||||||
23 | which he or she may present evidence supporting his or her | ||||||
24 | continuation in the program. Based upon the evidence | ||||||
25 | presented, the court shall determine whether the defendant has | ||||||
26 | violated the conditions of the program and whether the |
| |||||||
| |||||||
1 | defendant should be dismissed from the program or whether some | ||||||
2 | other alternative may be appropriate in the interests of the | ||||||
3 | defendant and the public. | ||||||
4 | (b) Upon successful completion of the terms and conditions | ||||||
5 | of the program, the court may dismiss the original charges | ||||||
6 | against the defendant or successfully terminate the | ||||||
7 | defendant's sentence or otherwise discharge him or her from | ||||||
8 | the program or from any further proceedings against him or her | ||||||
9 | in the original prosecution.
| ||||||
10 | (c) Upon successful completion of the terms and conditions | ||||||
11 | of
the program, any State's Attorney in the county of | ||||||
12 | conviction may move
to vacate any convictions eligible for | ||||||
13 | sealing under the Criminal
Identification Act. Defendants may | ||||||
14 | immediately file
petitions to expunge vacated convictions and | ||||||
15 | the associated underlying
records per the Criminal | ||||||
16 | Identification Act. In cases where the State's
Attorney moves | ||||||
17 | to vacate a conviction, the State's Attorney may not object to | ||||||
18 | expungement
of that conviction or the underlying record. | ||||||
19 | (d) The mental health court program may maintain or | ||||||
20 | collaborate
with a network of legal aid organizations that | ||||||
21 | specialize in conviction
relief to support participants | ||||||
22 | navigating the expungement and sealing
process.
| ||||||
23 | (Source: P.A. 95-606, eff. 6-1-08 .) | ||||||
24 | (730 ILCS 168/45 new) | ||||||
25 | Sec. 45. Education seminars for judges. A judge assigned |
| |||||||
| |||||||
1 | to preside over
a PSC should have experience and training and | ||||||
2 | continuing education
in topics including, but not limited to: | ||||||
3 | (1) criminal law; (2) behavioral
health; (3) confidentiality; | ||||||
4 | (4) ethics; (5) evidence-based practices;
(6) co-occurring | ||||||
5 | disorders; (7) mental illness; (8) co-occurring disorders;
and | ||||||
6 | (9) presiding over various types of PSCs. | ||||||
7 | (730 ILCS 168/50 new) | ||||||
8 | Sec. 50. Education seminars for Mental Health Court | ||||||
9 | prosecutors. Subject to appropriation, the Office of the | ||||||
10 | State's Attorneys Appellate
Prosecutor shall conduct mandatory | ||||||
11 | education seminars for all prosecutors
serving in Mental | ||||||
12 | Health courts throughout the State to ensure that the
PSC | ||||||
13 | maintains fidelity to the PSC model. Topics include, but are | ||||||
14 | not
limited to, evidence-based screening, assessment and | ||||||
15 | treatment practices,
target population, substance use | ||||||
16 | disorders, mental illness, disability, co-
occurring | ||||||
17 | disorders, trauma, confidentiality, criminogenic risks and | ||||||
18 | needs,
incentives and sanctions, court processes, limited | ||||||
19 | English proficiency and
team dynamics. | ||||||
20 | (730 ILCS 168/55 new) | ||||||
21 | Sec. 55. Education seminars for Mental Health Court public | ||||||
22 | defenders. Subject to
appropriation, the Office of the State | ||||||
23 | Appellate Defender shall
conduct mandatory education seminars | ||||||
24 | on the subjects of substance use disorder,
addiction, and |
| |||||||
| |||||||
1 | mental health, for all public defenders and assistant public
| ||||||
2 | defenders practicing in Mental Health courts throughout the | ||||||
3 | State to ensure that the PSC maintains fidelity to the PSC | ||||||
4 | model.
Topics include, but are not limited to, evidence-based | ||||||
5 | screening, assessment
and treatment practices, target | ||||||
6 | population, substance use disorders, mental illness, | ||||||
7 | disability, co-occurring disorders, trauma, confidentiality,
| ||||||
8 | criminogenic risks and needs, incentives and sanctions, court | ||||||
9 | processes,
limited English proficiency and team dynamics. ".
|