SB2565eng 102ND GENERAL ASSEMBLY

SB2565 Engrossed LRB102 16553 KMF 21949 b

AN ACT concerning criminal law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

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

(730 ILCS 166/5)

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

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

(730 ILCS 166/10)

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

"Drug court", "drug court program", or "program" means an immediate and highly structured judicial intervention process for substance use abuse treatment of eligible defendants that brings together substance use abuse professionals, local social programs, and intensive judicial monitoring in accordance with the nationally recommended 10 key components of drug courts.

"Drug court professional" means a member of the drug court team, including but not limited to a judge, prosecutor, defense attorney, probation officer, coordinator, licensed treatment provider, or peer recovery coach.

"Pre-adjudicatory drug court program" means a program that allows the defendant, with the consent of the prosecution, to expedite the defendant's criminal case before conviction or before filing of a criminal case and requires successful completion of the drug court program as part of the agreement.

"Post-adjudicatory drug court program" means a program in which the defendant has admitted guilt or has been found guilty and agrees, along with the prosecution, to enter a drug court program as part of the defendant's sentence.

"Combination drug court program" means a drug court program that includes a pre-adjudicatory drug court program and a post-adjudicatory drug court program.

"Clinical treatment plan" means an evidence-based, comprehensive, and individualized plan that defines the scope of treatment services to be delivered by a court treatment provider.

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

"Peer recovery coach" means a mentor assigned to a defendant during participation in a drug treatment court program who has been trained by the court, a service provider utilized by the court for substance use or mental health treatment, or be a recovery support specialist certified by the State of Illinois. Peer recovery coaches should be individuals with lived experience and shall guide and mentor the participant to successfully complete the assigned requirements and work to help facilitate participants' independence for continued success once the supports of the court are no longer available to them.

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

(730 ILCS 166/25)

Sec. 25. Procedure.

(a) The court shall order an eligibility screening and an assessment of the defendant by an agent designated by the State of Illinois to provide assessment services for the Illinois Courts. The assessment shall include a validated clinical assessment. The clinical assessment shall include, but not be limited to, assessments of substance use, mental and behavioral health needs. The clinical assessment shall be administered by a qualified clinician and used to inform any clinical treatment plans. Clinical treatment plans shall be developed, in part, upon the known availability of treatment resources available. An assessment need not be ordered if the court finds a valid assessment related to the present charge pending against the defendant has been completed within the previous 60 days.

(b) The judge shall inform the defendant that if the defendant fails to meet the conditions of the drug court program, eligibility to participate in the program may be revoked and the defendant may be sentenced or the prosecution continued as provided in the Unified Code of Corrections for the crime charged.

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

(d) In addition to any conditions authorized under the Pretrial Services Act and Section 5-6-3 of the Unified Code of Corrections, the court may order the defendant to complete substance use abuse treatment in an outpatient, inpatient, residential, or jail-based custodial treatment program, order the defendant to complete mental health counseling in an inpatient or outpatient basis, comply with physicians' recommendation regarding medications and all follow up treatment for any mental health diagnosis made by the provider. Substance use treatment programs must be licensed by the State of Illinois as a Substance Use Prevention and Recovery (SUPR) provider and utilize evidence-based treatment. When referring participants to mental health treatment programs, the court shall prioritize providers certified as community mental health or behavioral health centers as possible. The court shall prioritize the least restrictive treatment option when ordering mental health or substance use treatment for participants. The court may order jail-based custodial treatment if it finds that jail-based treatment is the least restrictive alternative based on evidence that efforts were made to locate less restrictive alternatives to secure confinement and the reasons why efforts were unsuccessful in locating a less restrictive alternative to jail-based custodial treatment. Any period of time a defendant shall serve in a jail-based treatment program may not be reduced by the accumulation of good time or other credits and may be for a period of up to 120 days.

(e) The drug court program shall include a regimen of graduated requirements and rewards and sanctions, including but not limited to: fines, fees, costs, restitution, incarceration of up to 180 days, individual and group therapy, drug analysis testing, close monitoring by the court at a minimum of once every 30 days and supervision of progress, educational or vocational counseling as appropriate, and other requirements necessary to fulfill the drug court program. If the defendant needs treatment for opioid use abuse or dependence, the court may not prohibit the defendant from participating in and receiving medication assisted treatment under the care of a physician licensed in this State to practice medicine in all of its branches. Drug court participants may not be required to refrain from using medication assisted treatment as a term or condition of successful completion of the drug court program.

(f) Recognizing that individuals struggling with mental health, addiction, and related co-occurring disorders have often experienced trauma, drug court programs may include specialized service programs specifically designed to address trauma. These specialized services may be offered to defendants admitted to the drug court program. Judicial circuits establishing these specialized programs shall partner with advocates, survivors, and service providers in the development of the programs. Trauma-informed services and programming should be operated in accordance with best practices outlined by the Substance Abuse and Mental Health Service Administration's National Center for Trauma Informed Care (SAMHSA).

(g) The Court may establish a mentorship program that provides access and support to program participants by peer recovery coaches. Courts shall be responsible to administer the mentorship program with the support of mentors and local mental health and substance use treatment organizations. Peer recovery coaches shall be trained by the court, a service provider utilized by the court for substance use or mental health treatment, or be a recovery support specialist certified by the State of Illinois. Peer recovery coaches shall be approved by the Court and complete orientation with the court team prior to being assigned to participants in the program.

(Source: P.A. 99-554, eff. 1-1-17.)

(730 ILCS 166/30)

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

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

(b) Any substance use abuse treatment program to which defendants are referred must be licensed by the State of Illinois as SUPR providers and utilize evidence-based treatment, meet all of the rules and governing programs in Parts 2030 and 2060 of Title 77 of the Illinois Administrative Code.

(c) The drug court program may, at its discretion, employ additional services or interventions, as it deems necessary on a case by case basis.

(d) The drug court program may maintain or collaborate with a network of mental health treatment programs representing a continuum of treatment options commensurate with the needs of the defendant and available resources including programs with the State of Illinois and community-based programs supported and sanctioned by the State of Illinois. Partnerships with providers certified as community mental health or behavioral health centers shall be prioritized when possible.

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

(730 ILCS 166/35)

Sec. 35. Violation; termination; discharge.

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

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

(2) the defendant is not benefitting from education, treatment, or rehabilitation;

(3) the defendant has engaged in criminal conduct rendering him or her unsuitable for the program; or

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

the court may impose reasonable sanctions under prior written agreement of the defendant, including but not limited to imprisonment or dismissal of the defendant from the program and the court may reinstate criminal proceedings against him or her or proceed under Section 5-6-4 of the Unified Code of Corrections for a violation of probation, conditional discharge, or supervision hearing.

(a-5) A defendant who is assigned to a substance use abuse treatment program under this Act for opioid use abuse or dependence is not in violation of the terms or conditions of the program on the basis of his or her participation in medication assisted treatment under the care of a physician licensed in this State to practice medicine in all of its branches.

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

(c) Upon successful completion of the terms and conditions of the program, any State's Attorney in the county of conviction may move to vacate convictions held by the defendant that are eligible for sealing under the Criminal Identification Act. Participants may immediately file petitions to expunge vacated convictions and the associated underlying records per the Criminal Identification Act. In cases where the State's Attorney moves to vacate a conviction, the State's Attorney may not object to expungement of that conviction or the underlying record.

(d) The drug court program may maintain or collaborate with a network of legal aid organizations that specialize in conviction relief to support participants navigating the expungement and sealing process.

(Source: P.A. 99-554, eff. 1-1-17.)

(730 ILCS 166/45)

Sec. 45. Education seminars for drug court prosecutors. Subject to appropriation, the Office of the State's Attorneys Appellate Prosecutor shall conduct mandatory education seminars on the subjects of substance use disorder abuse and addiction for all drug court prosecutors throughout the State.

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

(730 ILCS 166/50)

Sec. 50. Education seminars for public defenders. Subject to appropriation, the Office of the State Appellate Defender shall conduct mandatory education seminars on the subjects of substance use disorder abuse and addiction for all public defenders and assistant public defenders practicing in drug courts throughout the State.

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

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

(730 ILCS 167/5)

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

(Source: P.A. 96-924, eff. 6-14-10.)

(730 ILCS 167/10)

Sec. 10. Definitions. In this Act:

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

"Court" means Veterans and Servicemembers Court.

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

"Peer recovery coach" means a volunteer veteran mentor assigned to a veteran or servicemember during participation in a veteran treatment court program who has been trained and certified by the court, a service provider utilized by the court for substance use or mental health treatment, or be a recovery support specialist certified by the State of Illinois. Peer recovery coaches should be individuals with lived experience and shall to guide and mentor the participant to successfully complete the assigned requirements and work to help facilitate participants' independence for continued success once the supports of the court are no longer available to them.

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

"Pre-adjudicatory Veterans and Servicemembers Court Program" means a program that allows the defendant with the consent of the prosecution, to expedite the defendant's criminal case before conviction or before filing of a criminal case and requires successful completion of the Veterans and Servicemembers Court programs as part of the agreement.

"Servicemember" means a person who is currently serving in the Army, Air Force, Marines, Navy, or Coast Guard on active duty, reserve status or in the National Guard.

"VA" means the United States Department of Veterans' Affairs.

"VAC" means a veterans assistance commission.

"Veteran" means a person who served in the active military, naval, or air service and who was discharged or released therefrom under conditions other than dishonorable.

"Veterans and Servicemembers Court professional" means a member of the Veterans and Servicemembers Court team, including but not limited to a judge, prosecutor, defense attorney, probation officer, coordinator, treatment provider, or peer recovery coach.

"Veterans and Servicemembers Court" means a court or program with an immediate and highly structured judicial intervention process for substance use abuse treatment, mental health, or other assessed treatment needs of eligible veteran and servicemember defendants that brings together substance use abuse professionals, mental health professionals, VA professionals, local social programs and intensive judicial monitoring in accordance with the nationally recommended 10 key components of drug courts.

"Clinical treatment plan" means an evidence-based, comprehensive, and individualized plan that defines the scope of treatment services to be delivered by a treatment provider.

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

(Source: P.A. 99-314, eff. 8-7-15; 99-819, eff. 8-15-16.)

(730 ILCS 167/25)

Sec. 25. Procedure.

(a) The Court shall order the defendant to submit to an eligibility screening and an assessment through the VA, VAC, and/or the IDVA to provide information on the defendant's veteran or servicemember status.

(b) The Court shall order the defendant to submit to an eligibility screening and mental health and drug/alcohol screening and assessment of the defendant by the VA, VAC, or by the IDVA to provide assessment services for Illinois Courts. The assessment shall include a validated clinical assessment. The clinical assessment shall include, but not be limited to, assessments of substance use, mental and behavioral health needs. The clinical assessment shall be administered by a qualified clinician and used to inform any clinical treatment plans. Clinical treatment plans shall be developed risks assessment and be based, in part, upon the known availability of treatment resources available to the Veterans and Servicemembers Court. The assessment shall also include recommendations for treatment of the conditions which are indicating a need for treatment under the monitoring of the Court and be reflective of a level of risk assessed for the individual seeking admission. An assessment need not be ordered if the Court finds a valid screening and/or assessment related to the present charge pending against the defendant has been completed within the previous 60 days.

(c) The judge shall inform the defendant that if the defendant fails to meet the conditions of the Veterans and Servicemembers Court program, eligibility to participate in the program may be revoked and the defendant may be sentenced or the prosecution continued as provided in the Unified Code of Corrections for the crime charged.

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

(e) In addition to any conditions authorized under the Pretrial Services Act and Section 5-6-3 of the Unified Code of Corrections, the Court may order the defendant to complete substance use abuse treatment in an outpatient, inpatient, residential, or jail-based custodial treatment program, order the defendant to complete mental health counseling in an inpatient or outpatient basis, comply with physicians' recommendation regarding medications and all follow up treatment for any mental health diagnosis made by the provider. Substance use treatment programs must be licensed by the State of Illinois as a Substance Use Prevention and Recovery (SUPR) provider and utilize evidence-based treatment. When referring participants to mental health treatment programs, the court shall prioritize providers certified as community mental health or behavioral health centers as possible. The court shall prioritize the least restrictive treatment option when ordering mental health or substance use treatment for participants. The court may order jail-based custodial treatment if it finds that jail-based treatment is the least restrictive alternative based on evidence that efforts were made to locate less restrictive alternatives to secure confinement and the reasons why efforts were unsuccessful in locating a less restrictive alternative to jail-based custodial treatment. This treatment may include but is not limited to post-traumatic stress disorder, traumatic brain injury and depression.

(e-5) Recognizing that individuals struggling with mental health, addiction and related co-occurring disorders have often experienced trauma, veterans and servicemembers court programs may include specialized service programs specifically designed to address trauma. These specialized services may be offered to defendants admitted to the mental health court program. Judicial circuits establishing these specialized programs shall partner with advocates, survivors, and service providers in the development of the programs. Trauma-informed services and programming should be operated in accordance with best practices outlined by the Substance Abuse and Mental Health Service Administration's National Center for Trauma Informed Care (SAMHSA).

(f) The Court may establish a mentorship program that provides access and support to program participants by peer recovery coaches. Courts shall be responsible to administer the mentorship program with the support of volunteer veterans and local veteran service organizations, including a VAC. Peer recovery coaches shall be trained and certified by the Court, a service provider utilized by the court for substance use or mental health treatment, or be a recovery support specialist certified by the State of Illinois. Peer recovery coaches shall be approved by the Court and complete orientation with the court team prior to being assigned to participants in the program.

(Source: P.A. 99-314, eff. 8-7-15; 99-819, eff. 8-15-16.)

(730 ILCS 167/30)

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

(a) The Veterans and Servicemembers Court program may maintain a network of substance use abuse treatment programs representing a continuum of graduated substance use abuse treatment options commensurate with the needs of defendants; these shall include programs with the VA, IDVA, a VAC, the State of Illinois and community-based programs supported and sanctioned by either or both.

(b) Any substance use abuse treatment program to which defendants are referred must be licensed by the State of Illinois as SUPR providers and utilize best practices, recognized by the Substance Abuse and Mental Health Services Administration or other equivalent state or federal agencies, meet all of the rules and governing programs in Parts 2030 and 2060 of Title 77 of the Illinois Administrative Code.

(c) The Veterans and Servicemembers Court program may, in its discretion, employ additional services or interventions, as it deems necessary on a case by case basis.

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

(Source: P.A. 99-819, eff. 8-15-16.)

(730 ILCS 167/35)

Sec. 35. Violation; termination; discharge.

(a) If the Court finds from the evidence presented including but not limited to the reports or proffers of proof from the Veterans and Servicemembers Court professionals that:

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

(2) the defendant is not benefitting from education, treatment, or rehabilitation;

(3) the defendant has engaged in criminal conduct rendering him or her unsuitable for the program; or

(4) the defendant has otherwise violated the terms and conditions of the program or his or her sentence or is for any reason unable to participate; the Court may impose reasonable sanctions under prior written agreement of the defendant, including but not limited to imprisonment or dismissal of the defendant from the program and the Court may reinstate criminal proceedings against him or her or proceed under Section 5-6-4 of the Unified Code of Corrections for a violation of probation, conditional discharge, or supervision hearing.

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

(c) Upon successful completion of the terms and conditions of the program, any State's Attorney in the county of conviction may move to vacate any convictions eligible for sealing under the Criminal Identification Act. Defendants may immediately file petitions to expunge vacated convictions and the associated underlying records per the Criminal Identification Act. In cases where the State's Attorney moves to vacate a conviction, the State's Attorney may not object to expungement of that conviction or the underlying record.

(d) Veterans and servicemembers court programs may maintain or collaborate with a network of legal aid organizations that specialize in conviction relief to support participants navigating the expungement and sealing process.

(Source: P.A. 96-924, eff. 6-14-10.)

(730 ILCS 167/40 new)

Sec. 40. Education seminars for judges. The Administrative Office of the Illinois Courts shall conduct education seminars for judges throughout the State on how to operate Veterans and Servicemembers Court Programs.

(730 ILCS 167/45 new)

Sec. 45. Education seminars for Veterans and Servicemembers Court prosecutors. Subject to appropriation, the Office of the State's Attorneys Appellate Prosecutor shall conduct mandatory education seminars on the subjects of substance use, addiction, and mental health, for all Veterans and Servicemembers Court prosecutors throughout the State.

(730 ILCS 167/50 new)

Sec. 50. Education seminars for public defenders. Subject to appropriation, the Office of the State Appellate Defender shall conduct mandatory education seminars on the subjects of substance use, addiction, and mental health, for all public defenders and assistant public defenders practicing in Veterans and Servicemembers Courts throughout the State.

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

(730 ILCS 168/5)

Sec. 5. Purposes. The General Assembly recognizes that a large percentage of criminal defendants have a diagnosable mental illness and that mental illnesses have a dramatic effect on the criminal justice system in the State of Illinois. The General Assembly also recognizes that mental illness and substance use disorders abuse problems co-occur in a substantial percentage of criminal defendants. There is a critical need for a criminal justice system program that will reduce the number of persons with mental illnesses and with co-occurring mental illness and substance use disorders abuse problems in the criminal justice system, reduce recidivism among persons with mental illness and with co-occurring mental illness and substance use disorders abuse problems, provide appropriate treatment to persons with mental illnesses and co-occurring mental illness and substance use disorders abuse problems and reduce the incidence of crimes committed as a result of mental illnesses or co-occurring mental illness and substance use disorders abuse problems. It is the intent of the General Assembly to create specialized mental health courts with the necessary flexibility to meet the needs problems of criminal defendants with mental illnesses and co-occurring mental illness and substance use disorders abuse problems in the State of Illinois.

(Source: P.A. 95-606, eff. 6-1-08.)

(730 ILCS 168/10)

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

"Mental health court", "mental health court program", or "program" means a structured judicial intervention process for mental health treatment of eligible defendants that brings together mental health professionals, local social programs, and intensive judicial monitoring.

"Mental health court professional" means a member of the mental health court team, including but not limited to a judge, prosecutor, defense attorney, probation officer, coordinator, treatment provider, or peer recovery coach.

"Pre-adjudicatory mental health court program" means a program that allows the defendant, with the consent of the prosecution, to expedite the defendant's criminal case before conviction or before filing of a criminal case and requires successful completion of the mental health court program as part of the agreement.

"Post-adjudicatory mental health court program" means a program in which the defendant has admitted guilt or has been found guilty and agrees, along with the prosecution, to enter a mental health court program as part of the defendant's sentence.

"Combination mental health court program" means a mental health court program that includes a pre-adjudicatory mental health court program and a post-adjudicatory mental health court program.

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

"Clinical treatment plan" means an evidence-based, comprehensive, and individualized plan that defines the scope of treatment services to be delivered by a treatment provider.

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

"Peer recovery coach" means a mentor assigned to a defendant during participation in a mental health treatment court program who has been trained by the court, a service provider utilized by the court for substance use or mental health treatment, or be a recovery support specialist certified by the State of Illinois. Peer recovery coaches should be individuals with lived experience and shall guide and mentor the participant to successfully complete the assigned requirements and work to help facilitate participants' independence for continued success once the supports of the court are no longer available to them.

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

(730 ILCS 168/20)

Sec. 20. Eligibility.

(a) A defendant, who is eligible for probation based on the nature of the crime convicted of and in consideration of his or her criminal background, if any, may be admitted into a mental health court program only upon the agreement of the defendant and with the approval of the court.

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

(1) The crime is a crime of violence as set forth in clause (3) of this subsection (b).

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

(3) The defendant has been convicted of a crime of violence within the past 10 years excluding incarceration time. As used in this paragraph (3), "crime of violence" means: first degree murder, second degree murder, predatory criminal sexual assault of a child, aggravated criminal sexual assault, criminal sexual assault, armed robbery, aggravated arson, arson, aggravated kidnapping, kidnapping, aggravated battery resulting in great bodily harm or permanent disability, stalking, aggravated stalking, or any offense involving the discharge of a firearm.

(4) (Blank).

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

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

(c) A defendant charged with prostitution under Section 11-14 of the Criminal Code of 2012 may be admitted into a mental health court program, if available in the jurisdiction and provided that the requirements in subsections (a) and (b) are satisfied. Mental health court programs may include specialized service programs specifically designed to address the trauma associated with prostitution and human trafficking, and may offer those specialized services to defendants admitted to the mental health court program. Judicial circuits establishing these specialized programs shall partner with prostitution and human trafficking advocates, survivors, and service providers in the development of the programs.

(Source: P.A. 100-426, eff. 1-1-18.)

(730 ILCS 168/25)

Sec. 25. Procedure.

(a) The court shall require an eligibility screening and an assessment of the defendant. The assessment shall include a validated clinical assessment. The clinical assessment shall include, but not be limited to, assessments of substance use, mental and behavioral health needs. The clinical assessment shall be administered by a qualified clinician and used to inform any clinical treatment plans. Clinical treatment plans shall be developed, in part, upon the known availability of treatment resources available. An assessment need not be ordered if the court finds a valid assessment related to the present charge pending against the defendant has been completed within the previous 60 days.

(b) The judge shall inform the defendant that if the defendant fails to meet the requirements of the mental health court program, eligibility to participate in the program may be revoked and the defendant may be sentenced or the prosecution continued, as provided in the Unified Code of Corrections, for the crime charged.

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

(d) In addition to any conditions authorized under the Pretrial Services Act and Section 5-6-3 of the Unified Code of Corrections, the court may order the defendant to complete mental health or substance use abuse treatment in an outpatient, inpatient, residential, or jail-based custodial treatment program, order the defendant to complete mental health counseling in an inpatient or outpatient basis, comply with physicians' recommendation regarding medications and all follow up treatment for any mental health diagnosis made by the provider. Substance abuse treatment programs must be licensed by the State of Illinois as a Substance Use Prevention and Recovery (SUPR) provider and utilize evidence-based treatment. When referring participants to mental health treatment programs, the court shall prioritize providers certified as community mental health or behavioral health centers as possible. The court shall prioritize the least restrictive treatment option when ordering mental health or substance use treatment for participants. The court may order jail-based custodial treatment if it finds that jail-based treatment is the least restrictive alternative based on evidence that efforts were made to locate less restrictive alternatives to secure confinement and the reasons why efforts were unsuccessful in locating a less restrictive alternative to jail-based custodial treatment. Any period of time a defendant shall serve in a jail-based treatment program may not be reduced by the accumulation of good time or other credits and may be for a period of up to 120 days.

(e) The mental health court program may include a regimen of graduated requirements and rewards and sanctions, including but not limited to: fines, fees, costs, restitution, incarceration of up to 180 days, individual and group therapy, medication, drug analysis testing, close monitoring by the court and supervision of progress, educational or vocational counseling as appropriate and other requirements necessary to fulfill the mental health court program.

(f) The Mental Health Court program may maintain or collaborate with a network of mental health treatment programs and, if it is a co-occurring mental health and substance use court program, a network of substance use treatment programs representing a continuum of treatment options commensurate with the needs of the defendant and available resources including programs with the State of Illinois.

(g) Recognizing that individuals struggling with mental health, addiction and related co-occurring disorders have often experienced trauma, mental health court programs may include specialized service programs specifically designed to address trauma. These specialized services may be offered to defendants admitted to the mental health court program. Judicial circuits establishing these specialized programs shall partner with service providers in the development of the programs. Trauma-informed services and programming should be operated in accordance with best practices outlined by the Substance Abuse and Mental Health Service Administration's National Center for Trauma Informed Care (SAMHSA).

(h) The Court may establish a mentorship program that provides access and support to program participants by peer recovery coaches. Courts shall be responsible to administer the mentorship program with the support of mentors and local mental health and substance use treatment organizations. Peer recovery coaches shall be trained and licensed by the court, a service provider utilized by the court for substance use or mental health treatment, or be a recovery support specialist certified by the State of Illinois. Peer recovery coaches shall be approved by the Court and complete orientation with the court team prior to being assigned to participants in the program.

(Source: P.A. 95-606, eff. 6-1-08.)

(730 ILCS 168/30)

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

(a) The mental health court program may maintain or collaborate with a network of mental health treatment programs and, if it is a co-occurring mental health and substance use abuse court program, a network of substance use abuse treatment programs representing a continuum of treatment options commensurate with the needs of defendants and available resources.

(b) Any substance use abuse treatment program to which defendants are referred must be licensed by the State of Illinois as SUPR providers and utilize evidence-based treatment, meet all of the rules and governing programs in Parts 2030 and 2060 of Title 77 of the Illinois Administrative Code.

(c) The mental health court program may, at its discretion, employ additional services or interventions, as it deems necessary on a case by case basis.

(Source: P.A. 95-606, eff. 6-1-08.)

(730 ILCS 168/35)

Sec. 35. Violation; termination; discharge.

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

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

(2) the defendant is not benefiting from education, treatment, or rehabilitation;

(3) the defendant has engaged in criminal conduct rendering him or her unsuitable for the program; or

(4) the defendant has otherwise violated the terms and conditions of the program or his or her sentence or is for any reason unable to participate; the court may impose reasonable sanctions under prior written agreement of the defendant, including but not limited to imprisonment or dismissal of the defendant from the program; and the court may reinstate criminal proceedings against him or her or proceed under Section 5-6-4 of the Unified Code of Corrections for a violation of probation, conditional discharge, or supervision hearing. No defendant may be dismissed from the program unless, prior to such dismissal, the defendant is informed in writing: (i) of the reason or reasons for the dismissal; (ii) the evidentiary basis supporting the reason or reasons for the dismissal; (iii) that the defendant has a right to a hearing at which he or she may present evidence supporting his or her continuation in the program. Based upon the evidence presented, the court shall determine whether the defendant has violated the conditions of the program and whether the defendant should be dismissed from the program or whether some other alternative may be appropriate in the interests of the defendant and the public.

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

(c) Upon successful completion of the terms and conditions of the program, any State's Attorney in the county of conviction may move to vacate any convictions eligible for sealing under the Criminal Identification Act. Defendants may immediately file petitions to expunge vacated convictions and the associated underlying records per the Criminal Identification Act. In cases where the State's Attorney moves to vacate a conviction, the State's Attorney may not object to expungement of that conviction or the underlying record.

(d) The mental health court program may maintain or collaborate with a network of legal aid organizations that specialize in conviction relief to support participants navigating the expungement and sealing process.

(Source: P.A. 95-606, eff. 6-1-08.)

(730 ILCS 168/45 new)

Sec. 45. Education seminars for judges. The Administrative Office of the Illinois Courts shall conduct education seminars for judges throughout the State on how to operate Mental Health Court programs.

(730 ILCS 168/50 new)

Sec. 50. Education seminars for Mental Health Court prosecutors. Subject to appropriation, the Office of the State's Attorneys Appellate Prosecutor shall conduct mandatory education seminars on the subjects of substance use, addiction and mental health, for all prosecutors serving in Mental Health courts throughout the State.

(730 ILCS 168/55 new)

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