HB4212 96TH GENERAL ASSEMBLY

LRB096 04705 AJO 14767 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB4212

Introduced 2/27/2009, by Rep. Michael W. Tryon - Ron Stephens - Mike Bost - Ronald A. Wait - Harry R. Ramey, Jr., et al.

SYNOPSIS AS INTRODUCED:

New Act

Creates the Military and Veterans Court Act. Permits the Chief Judge of a judicial circuit to establish a military and veterans court program for veterans and active duty service members. Provides that in such judicial circuits, a veteran or active duty service member who has a substance abuse problem and who is subject to a criminal proceeding may with the consent of the prosecution and with the approval of the court be admitted into a military and veterans court program. Excludes from the program a veteran or active duty service member: charged with a crime of violence within the past 10 years, excluding incarceration time; who denies his or her use of or addiction to drugs; or who does not demonstrate a willingness to participate in a treatment program. Provides that the military and veterans court program shall include a regimen of graduated requirements, rewards and sanctions, including: fines, costs, restitution, public service employment, incarceration of up to 120 days, individual and group therapy, drug analysis testing, close court monitoring, educational or vocational counseling, and other requirements to fulfill the program. Provides for revocation and resentencing of the person who violates the conditions of the program or who engages in criminal conduct rendering the person unsuitable for the program, or who is not performing satisfactorily or not benefiting from the education, treatment or rehabilitation.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning military and veterans courts.

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 Military and Veterans Court Act.

Section 5. Purposes. The General Assembly recognizes that the military members and military veterans may have certain service-related conditions that may apply in a court of law. There is a critical need for a military and veteran justice system that will take into account service-related mental health problems as well as circumstances surrounding deployment. It is the intent of the General Assembly to create a specialized military and veterans court with the necessary flexibility to meet unique service-related problems in the State of Illinois. The General Assembly recognizes that the use and abuse of alcohol or drugs, mental health conditions, and problematic social interactions that affect and confront some veterans and members of the armed services on active duty have a dramatic effect on the justice system in the State of Illinois. There is a critical need for a military and veteran justice system program that will recognize and address the unique problems and circumstances faced by veterans and members of the armed forces on active duty and the legal issues that are impacted by those problems and circumstances so as to reduce the incidence of violence, drug use, drug addiction, alcohol use, alcohol addiction, mental health conditions, and crimes committed by some veterans and members of the armed services on active duty. It is the intent of the General Assembly to create specialized military and veterans courts with the necessary flexibility to meet these challenges facing the State of Illinois.

Section 10. Definitions. As used in this Act:

"Military and veterans court", "military and veterans court program", or "program" means an immediate and highly structured judicial intervention process for substance abuse treatment or mental health treatment of eligible veterans and members of the armed services on active duty that brings together substance abuse professionals, mental health professionals, local social programs, and intensive judicial monitoring in accordance with nationally recognized problems facing that segment of the population.

"Military and veterans court professional" means a judge, prosecutor, defense attorney, probation officer, or treatment provider involved with the military and veterans court program.

"Pre-adjudicatory military and veterans court program" means a program that allows a veteran or active duty service member, with the consent of the prosecution, to expedite that person's case and requires successful completion of the military and veterans court program as part of the agreement.

"Post-adjudicatory military and veterans court program" means a program in which the veteran or active duty service member has admitted guilt or has been found guilty and agrees, along with the prosecution, to enter a military and veteran's court program as part of the disposition of the individual's case.

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

Section 15. Authorization. The Chief Judge of each judicial circuit may establish a military and veterans court program for veterans and members of the armed services on active duty including the format under which it operates under this Act.

Section 20. Eligibility.

(a) A veteran or active duty service member may be admitted into a military and veterans court program only upon the agreement of the prosecutor and that person and with the approval of the court.

(b) A veteran or active duty service member shall be excluded from a military and veterans court program if any of one of the following apply:

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

(2) The veteran or active duty service member denies his or her use of or addiction to drugs.

(3) The veteran or active duty service member does not demonstrate a willingness to participate in a treatment program.

(4) The veteran or active duty service member has been adjudicated guilty for a crime of violence within the past 10 years excluding incarceration time, including but not limited to: first degree murder, second degree murder, predatory criminal sexual assault of a child, 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.

Section 25. Procedure.

(a) The court shall order an eligibility screening and an assessment of the veteran or active duty service member by an agent designated by the State of Illinois to provide assessment services for the Illinois Courts. An assessment need not be ordered if the court finds a valid assessment related to the present charge pending against the veteran or active duty service member has been completed within the previous 60 days.

(b) The judge shall inform the veteran or active duty service member that if the veteran or active duty service member fails to meet the conditions of the military and veterans court program, eligibility to participate in the program may be revoked and the veteran or active duty service member may be sentenced or the prosecution continued as provided in the Criminal Code of 1961 for the crime charged.

(c) The veteran or active duty service member 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 Code of Criminal Procedure of 1963, the court may order the veteran or active duty service member to complete substance abuse treatment or treatment for a mental health condition in an outpatient, inpatient, residential, or detention-based custodial treatment program. Any period of time a veteran or active duty service member shall serve in a detention-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 military and veterans court program shall include a regimen of graduated requirements and rewards and sanctions, including but not limited to: fines, costs, restitution, public service employment, incarceration of up to 120 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, mental health, or vocational counseling as appropriate, and other requirements necessary to fulfill the military and veterans court program.

Section 30. Substance abuse treatment.

(a) The military and veterans court program shall maintain a network of substance abuse, and mental health treatment programs representing a continuum of graduated treatment options commensurate with the needs of veterans and active duty service members.

(b) Any substance abuse treatment program to which veterans are referred must meet all of the rules and governing programs in Parts 2030 and 2060 of Title 77 of the Illinois Administrative Code.

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

Section 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 military and veterans court professionals that:

(1) the veteran or active duty service member is not performing satisfactorily in the assigned program;

(2) the veteran or active duty service member is not benefitting from education, treatment, or rehabilitation;

(3) the veteran or active duty service member has engaged in criminal conduct rendering him or her unsuitable for the program; or

(4) the veteran or active duty service member has otherwise violated the terms and conditions of the program or his or her dispositional order or is for any reason unable to participate;

the court may impose reasonable sanctions under prior written agreement of the veteran or active duty service member, including but not limited to imprisonment or dismissal of the veteran or active duty service member from the program and the court may reinstate criminal proceedings against him or her or proceed for a violation of probation.

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