HB5383 104TH GENERAL ASSEMBLY

LRB104 19584 RLC 33032 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB5383

Introduced 2/10/2026, by Rep. Kelly M. Cassidy

SYNOPSIS AS INTRODUCED:

New Act

Creates the DUI Treatment Court Act. Provides that the Chief Judge of each judicial circuit may establish a DUI court program in compliance with the Problem-Solving Court Standards. Provides that, at the discretion of the Chief Judge, the DUI court program may be operated in one or more counties of the circuit. Allows defendants from all counties within the circuit to participate. Provides that DUI court programs must be certified by the Illinois Supreme Court. Provides that persons who committed specified offenses are excluded from the DUI court program. Provides that a judge assigned to preside over a DUI treatment court shall have experience, training, and continuing education in specified topics. Provides, subject to appropriation, for mandatory education seminars for DUI court prosecutors and public defenders. Provides that a defendant may be admitted into a DUI court program upon the consent of the defendant and with the approval of the court only if the person has been charged with driving under the influence or aggravated driving under the influence. Provides that, subject to certain limitations, the court may vacate or successfully terminate the participant's sentence or otherwise discharge the participant from any further proceedings upon successful completion of the terms and conditions of the program.

A BILL FOR

AN ACT concerning criminal law.

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

Section 1. Short title. This Act may be cited as the DUI Treatment Court Act.

Section 5. Purposes. The General Assembly recognizes that individuals who operate motor vehicles while under the influence of alcohol or any other drug or intoxicating compound pose a serious public health threat. The General Assembly also recognizes that research indicates that the majority of people arrested for driving under the influence will not reoffend, but that some individuals arrested for DUI will continue to drive impaired and will receive multiple DUI arrests. The General Assembly recognizes that, for this group of drivers, DUI courts, which are based on the problem-solving court model and which apply the Ten Guiding Principles for DWI Courts promulgated by the National Center for DWI Courts have proven to be an effective countermeasure to reduce recidivism. It is the intent of the General Assembly to create specialized DUI courts that follow problem-solving court principles and the Ten Guiding Principles for DWI Courts promulgated by the National Center for DWI Courts, in accordance with evidence-based practices and the Illinois Supreme Court Problem-Solving Court Standards.

Section 10. Definitions. In this Act:

"Certification" means the process by which a problem-solving court obtains approval from the Supreme Court to operate in accordance with the Problem-Solving Court Standards.

"DUI program", "DUI court", or "program" means a specially designated court, court calendar, or docket facilitating intensive therapeutic treatment to monitor and assist participants with substance use disorder in making positive lifestyle changes and reducing the rate of recidivism. DUI programs are nonadversarial in nature and bring together substance use disorder professionals, local social programs, and monitoring in accordance with the nationally recommended 10 guiding principles of DUI courts and the Problem-Solving Court Standards. Common features of a DUI court program include, but are not limited to, a designated judge and staff; specialized intake and screening procedures including use of a validated DUI risk assessment tool; coordinated treatment procedures administered by a trained, multidisciplinary professional team; close evaluation of participants, including continued assessments and modification of the court requirements and use of sanctions, incentives, and therapeutic adjustments to address behavior; frequent judicial interaction with participants; less formal court process and procedures; voluntary participation; and a low treatment staff-to-client ratio.

"DUI court professional" means a member of the DUI court team, including, but not limited to, a judge, prosecutor, defense attorney, probation officer, coordinator, or treatment provider.

"Peer recovery coach" means a mentor assigned to a defendant during participation in a substance treatment court program who has been trained by the court, a service provider used by the court for substance use disorder or mental health treatment, a local service provider with an established peer recovery coach or mentor program not otherwise used by the court for treatment, or a Certified Recovery Support Specialist certified by the Illinois Certification Board.

"Peer recovery coach" includes individuals with lived experiences of the issues the problem-solving court seeks to address, including, but not limited to, substance use disorder, mental illness, and co-occurring disorders or involvement with the criminal justice system. "Peer recovery coach" includes individuals required to guide and mentor the participant to successfully complete assigned requirements and to facilitate participants' independence for continued success once the supports of the court are no longer available to them.

"Post-adjudicatory DUI court program" means a program that allows an individual who has admitted guilt or has been found guilty, with the defendant's consent and the approval of the court, to enter a DUI court program as part of the defendant's sentence or disposition. All DUI courts shall be post-adjudicatory court programs.

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

Section 15. Authorization.

(a) The Chief Judge of each judicial circuit may establish a DUI court program in compliance with the Problem-Solving Court Standards. At the discretion of the Chief Judge, the DUI court program may be operated in one or more counties of the circuit and allow defendants from all counties within the circuit to participate. DUI court programs must be certified by the Illinois Supreme Court.

(b) Whenever the county boards of 2 or more counties within the same judicial circuit determine that a single DUI court program would best serve those counties, the county board of each such county may adopt a resolution to the effect that there shall be a single DUI court program serving those counties, and shall provide a copy of the resolution to the Chief Judge of the judicial circuit. Upon receipt of such a resolution, the Chief Judge may establish or, in the case of an existing DUI court program, reorganize a single DUI court program to serve those counties.

Section 20. Eligibility.

(a) A defendant may be admitted into a DUI court program upon the consent of the defendant and with the approval of the court only if the person:

(1) has been charged with driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof under Section 11-501 of the Illinois Vehicle Code or a similar provision of a local ordinance;

(2) has been charged with aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof under subsection (d) of Section 11-501 of the Illinois Vehicle Code, excluding a charge:

(A) involving a motor vehicle crash resulting in great bodily harm or permanent disability or disfigurement to another when the violation was a proximate cause of the injuries, in violation of subparagraph (C) of paragraph (1) of subsection (d) of Section 11-501 of the Illinois Vehicle Code.

(B) involving a motor vehicle crash resulting in bodily harm, other than great bodily harm or permanent disability or disfigurement, to another person when the violation was a proximate cause of the bodily harm and the violation occurred while the person was driving at any speed in a school speed zone at a time when a speed limit of 20 miles per hour was in effect under subsection (a) of Section 11-501 of the Illinois Vehicle Code in violation of subparagraph (E) of paragraph (1) of subsection (d) of Section 11-501 of the Illinois Vehicle Code.

(C) involving a motor vehicle, snowmobile, all-terrain vehicle, or watercraft crash resulting in the death of another person when the violation was a proximate cause of the death, in violation of subparagraph (F) of paragraph (1) of subsection (d) of Section 11-501 of the Illinois Vehicle Code.

(D) involving a motor vehicle crash resulting in bodily harm, but not great bodily harm, to the child under the age of 16 being transported by the person when the violation was the proximate cause of the injury, in violation of subparagraph (J) of paragraph (1) of subsection (d) of Section 11-501 of the Illinois Vehicle Code.

(b) A defendant agrees to be admitted when a written consent to participate is provided to the court in open court and the defendant acknowledges understanding its contents.

(c) A defendant shall be excluded from a DUI court program if any one of the following applies:

(1) The defendant denies his or her use of alcohol or another drug or having a substance use disorder.

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

(3) The defendant has been convicted of a crime of violence within the past 5 years excluding incarceration time, parole, and periods of mandatory supervised release. As used in this paragraph, "crime of violence" means: first degree murder, second degree murder, predatory criminal sexual assault of a child, aggravated criminal sexual assault, criminal sexual assault, armed robbery, aggravated arson, arson, aggravated kidnaping, kidnapping, aggravated battery resulting in great bodily harm or permanent disability, aggravated domestic battery resulting in great bodily harm or permanent disability, aggravated criminal sexual abuse by a person in a position of trust or authority over a child, stalking, aggravated stalking, home invasion, aggravated vehicular hijacking, or any offense involving the discharge of a firearm.

Section 25. Procedure.

(a) A DUI evaluation and risk assessment appropriate for problem-solving courts and DUI courts of the defendant shall be performed as required by the court's policies and procedures prior to the defendant's admission into a DUI court. The DUI evaluation shall be conducted in accordance with the Department of Human Services' DUI evaluation rules. The DUI evaluation shall include, but is not limited to, assessments of the defendant's alcohol use and mental and behavioral health needs and the defendant's risk to public safety. The DUI evaluation shall be administered by individuals approved under the Department of Human Services' rules. DUI treatment plans shall be developed in accordance with the Problem-Solving Court Standards and in part upon the known availability of treatment resources. Any risk assessment shall be performed using an assessment tool approved by the Administrative Office of the Illinois Courts and as required by the court's policies and procedures. An assessment need not be ordered if the court finds a valid DUI risk 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 DUI court program, eligibility to participate in the program may be restored, a previously ordered sentence stay may be lifted, or the defendant may be sentenced as provided in the Illinois Vehicle Code or the Unified Code of Corrections.

(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 participant to complete mental health counseling or substance use disorder treatment in an outpatient or residential treatment program and may order the participant to comply with physicians' recommendations regarding medications and all follow-up treatment for any mental health diagnosis made by the provider. Substance use disorder treatment programs must be licensed by the Department of Human Services in accordance with the Department of Human Services' substance use prevention and recovery rules, or an equivalent standard in any other state where the treatment may take place, and use evidence-based treatment.

(e) The DUI court program shall include a regimen of graduated requirements, including fines, fees, costs, restitution, individual and group therapy, substance use analysis testing, close monitoring by the court, restitution, educational or vocational counseling as appropriate, and other requirements necessary to fulfill the DUI court program. Program phases, therapeutic adjustments, incentives, and sanctions, including the use of jail sanctions, shall be administered in accordance with evidence-based practices and the Problem-Solving Court Standards. A participant's failure to pay program fines or fees shall not prevent the participant from advancing phases or successfully completing the program. DUI court participants may not be required to refrain from using medication-assisted treatment as a term or condition of successful completion of the DUI court program.

(f) Recognizing that individuals struggling with substance use disorder and related co-occurring disorders have often experienced trauma, DUI court programs may include specialized service programs specifically designed to address trauma. These specialized services may be offered to individuals admitted to the DUI 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 shall be operated in accordance with evidence-based best practices as outlined by the Substance Abuse and Mental Health Service Administration's National Center for Trauma-Informed Care.

(g) The court may establish a mentorship program that provides access and support to program participants by peer recovery coaches. Courts shall be responsible to administer the mentorship program with the support of mentors and local mental health and substance use disorder treatment organizations.

(h) Upon successful completion of the terms and conditions of the program, the court may vacate or successfully terminate the participant's sentence or otherwise discharge the participant from further proceedings against the participant in the original prosecution. However, the court may not dismiss the DUI or aggravated DUI charge or vacate the DUI or aggravated DUI charge or expunge the associated records.

Section 30. DUI risk education.

(a) A defendant admitted into a DUI court program shall receive DUI risk education. DUI risk education shall provide orientation to the defendant regarding the impact of alcohol and other drug use on individual behavior and driving skills and to allow the defendant to further explore the personal ramifications of his or her own alcohol use and abuse. The DUI risk education curriculum shall include:

(1) information on alcohol as a drug;

(2) physiological and pharmacological effects of alcohol and other drugs, including their residual impairment on normal levels of driving performance;

(3) other drugs, legal and illegal, and their effects on driving when used separately or in combination with alcohol, or both;

(4) alcohol abuse or dependence and the effect on individuals and families;

(5) blood alcohol concentration level and its effect on driving performance;

(6) information about Illinois driving under the influence laws and associated penalties;

(7) factors that influence the formation of patterns of alcohol and drug abuse; and

(8) information about referrals for services that can address any identified problem that may increase the risk for future alcohol or drug related difficulty, or both.

(b) Risk education courses shall include a minimum of 10 hours of classroom instruction, divided into at least 4 sessions held on different days. No session shall exceed 3 hours in length.

(c) In order to successfully complete risk education, the defendant shall attend each session in its entirety and in proper sequence and achieve a score on the post-test of at least 75%.

(d) Upon successful completion, a DUI Risk Education Certificate of Completion shall be issued to each defendant. The certificate shall be produced by the DUI Service Reporting System. All sections of this form shall be complete, and it shall be signed by the DUI risk education instructor.

(e) Audio-visual presentations shall not comprise more than 25% of the total class time.

(f) No more than 24 participants shall be permitted in any one class session.

Section 35. Violation; termination; dismissal from program.

(a) If the court finds from the evidence presented, including, but not limited to, the reports or proffers of proof from the DUI court professionals, that the participant is not complying with the requirements of the treatment program or has otherwise violated the terms and conditions of the program, then the court may impose reasonable sanctions under the prior written agreement of the participant, including, but not limited to, imprisonment or dismissal of the participant from the program, and the court may lift a previously ordered sentence stay, or the defendant may be sentenced as provided in the Illinois Vehicle Code or Unified Code of Corrections.

(b) Based on the evidence presented, the court shall determine whether the participant has violated the conditions of the program and whether the participant should be dismissed from the program or whether, pursuant to the court's policies and procedures, some other alternative may be appropriate in the interests of the participant and the public.

(c) A participant who is assigned to a substance use disorder treatment program under this Act is not in violation of the terms or conditions of the program on the basis of participation in medication-assisted treatment under the care of a physician licensed in this State to practice medicine in all of its branches.

(d) A participant may voluntarily withdraw from the DUI court program in accordance with the DUI court program's policies and procedures. Prior to allowing the participant to withdraw, the judge shall:

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

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

(3) admonish the participant in open court as to the consequences, actual or potential, which can result from withdrawal.

Upon withdrawal, the criminal proceedings may be reinstated against the participant or proceedings may be initiated under Section 5-6-4 of the Unified Code of Corrections for a violation of probation, conditional discharge, or supervision hearing.

(e) No participant may be dismissed from the program unless, prior to dismissal, the participant is informed in writing:

(1) of the reason or reasons for the dismissal;

(2) the evidentiary basis supporting the reason or reasons for the dismissal; and

(3) that the participant has a right to a hearing at which the participant may present evidence supporting the participant's continuation in the program.

(f) A participant who has not violated the conditions of the program in such a way as to warrant unsuccessful dismissal, but who is unable to complete program requirements to qualify for a successful discharge, may be terminated from the program as a neutral discharge.

(g) Upon successful completion of the terms and conditions of the program, the court may vacate any or all of the sentence or successfully terminate the participant's sentence or otherwise discharge the participant from any further proceedings against the participant in the original prosecution, but the court may not dismiss the DUI or aggravated DUI charges or prevent a conviction for DUI or aggravated DUI from being entered and reported to the Secretary of State.

Section 40. Education for judges. A judge assigned to preside over a DUI court shall have experience, training, and continuing education in related topics, including, but not limited to:

(1) criminal law;

(2) behavioral health;

(3) confidentiality;

(4) ethics;

(5) evidence-based practices;

(6) substance use disorder;

(7) mental illness;

(8) co-occurring disorders;

(9) presiding over various types of problem-solving courts; and

(10) impaired driving and traffic law.

Section 45. Education seminars for DUI court prosecutors. Subject to appropriation, the Office of the State's Attorneys Appellate Prosecutor shall conduct mandatory education seminars for all DUI court prosecutors throughout the State to ensure that the problem-solving court maintains fidelity to the problem-solving court model. Topics include, but are not limited to, evidence-based screening, assessment and treatment practices, target population, substance use disorder, mental illness, disability, co-occurring disorders, trauma, confidentiality, criminogenic risks and needs, incentives and sanctions, court processes, traffic and impaired driving law, limited English proficiency, and team dynamics.

Section 50. Education seminars for DUI court public defenders. Subject to appropriation, the Office of the State Appellate Defender shall conduct mandatory education seminars for all DUI court public defenders and assistant public defenders practicing in DUI courts throughout the State to ensure that the problem-solving court maintains fidelity to the problem-solving court model. Topics include, but are not limited to, evidence-based screening, assessment and treatment practices, target population, substance use disorder, mental illness, disability, co-occurring disorders, trauma, confidentiality, criminogenic risks and needs, incentives and sanctions, court processes, traffic and impaired driving law, limited English proficiency, and team dynamics.