Rep. Lindsey LaPointe

Filed: 3/22/2021

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 3850

2    AMENDMENT NO. ______. Amend House Bill 3850 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Drug Court Treatment Act is amended by
5changing Sections 5, 10, 25, 30, 35, 45, and 50 as follows:
 
6    (730 ILCS 166/5)
7    Sec. 5. Purposes. The General Assembly recognizes that
8individuals struggling with drug and alcohol dependency or
9addiction and substance use disorders may come into contact
10with the criminal justice system and be charged with felony or
11misdemeanor offenses. The General Assembly also recognizes
12that substance use disorders and mental illness co-occur in a
13substantial percentage of criminal defendants. the use and
14abuse of drugs has a dramatic effect on the criminal justice
15system in the State of Illinois. There is a critical need for
16the criminal justice system to recognize individuals

 

 

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1struggling with these issues, provide alternatives to
2incarceration to address incidences a criminal justice system
3program that will reduce the incidence of drug use, drug
4addiction, and provide appropriate access to treatment and
5support to persons with substance use disorders. crimes
6committed as a result of drug use and drug addiction. It is the
7intent of the General Assembly to create specialized drug
8courts, in accordance with national best practices, for
9addressing addiction and co-occurring disorders with the
10necessary flexibility to meet the needs for an array of
11services and supports among participants in drug court
12programs problems in the State of Illinois.
13(Source: P.A. 92-58, eff. 1-1-02.)
 
14    (730 ILCS 166/10)
15    Sec. 10. Definitions. As used in this Act:
16    "Drug court", "drug court program", or "program" means an
17immediate and highly structured judicial intervention process
18for substance use abuse treatment of eligible defendants that
19brings together substance use abuse professionals, local
20social programs, and intensive judicial monitoring in
21accordance with the nationally recommended 10 key components
22of drug courts.
23    "Drug court professional" means a member of the drug court
24team, including but not limited to a judge, prosecutor,
25defense attorney, probation officer, coordinator, licensed

 

 

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1treatment provider, or peer recovery coach.
2    "Pre-adjudicatory drug court program" means a program that
3allows the defendant, with the consent of the prosecution, to
4expedite the defendant's criminal case before conviction or
5before filing of a criminal case and requires successful
6completion of the drug court program as part of the agreement.
7    "Post-adjudicatory drug court program" means a program in
8which the defendant has admitted guilt or has been found
9guilty and agrees, along with the prosecution, to enter a drug
10court program as part of the defendant's sentence.
11    "Combination drug court program" means a drug court
12program that includes a pre-adjudicatory drug court program
13and a post-adjudicatory drug court program.
14    "Clinical treatment plan" means an evidence-based,
15comprehensive, and individualized plan that defines the scope
16of treatment services to be delivered by a court treatment
17provider.
18    "Validated clinical assessment" may include assessment
19tools required by public or private insurance.
20    "Peer recovery coach" means a mentor assigned to a
21defendant during participation in a drug treatment court
22program who has been trained and certified by the court to
23guide and mentor the participant to successfully complete the
24assigned requirements. Peer recovery coaches should be
25individuals with lived experience and shall work to help
26facilitate participants' independence for continued success

 

 

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1once the supports of the court are no longer available to them.
2(Source: P.A. 97-946, eff. 8-13-12.)
 
3    (730 ILCS 166/25)
4    Sec. 25. Procedure.
5    (a) The court shall order an eligibility screening and an
6assessment of the defendant by an agent designated by the
7State of Illinois to provide assessment services for the
8Illinois Courts. The assessment shall include a validated
9clinical assessment. The clinical assessment shall include,
10but not be limited to, assessments of substance use, mental
11and behavioral health needs. The clinical assessment shall be
12administered by a qualified clinician and used to inform any
13clinical treatment plans. Clinical treatment plans shall be
14developed, in part, upon the known availability of treatment
15resources available. An assessment need not be ordered if the
16court finds a valid assessment related to the present charge
17pending against the defendant has been completed within the
18previous 60 days.
19    (b) The judge shall inform the defendant that if the
20defendant fails to meet the conditions of the drug court
21program, eligibility to participate in the program may be
22revoked and the defendant may be sentenced or the prosecution
23continued as provided in the Unified Code of Corrections for
24the crime charged.
25    (c) The defendant shall execute a written agreement as to

 

 

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1his or her participation in the program and shall agree to all
2of the terms and conditions of the program, including but not
3limited to the possibility of sanctions or incarceration for
4failing to abide or comply with the terms of the program.
5    (d) In addition to any conditions authorized under the
6Pretrial Services Act and Section 5-6-3 of the Unified Code of
7Corrections, the court may order the defendant to complete
8substance use abuse treatment in an outpatient, inpatient,
9residential, or jail-based custodial treatment program, order
10the defendant to complete mental health counseling in an
11inpatient or outpatient basis, comply with physicians'
12recommendation regarding medications and all follow up
13treatment for any mental health diagnosis made by the
14provider. Substance use treatment programs must be licensed by
15the State of Illinois as a Substance Use Prevention and
16Recovery (SUPR) provider. When referring participants to
17mental health treatment programs, the court shall prioritize
18providers certified as community mental health or behavioral
19health centers as possible. The court shall prioritize the
20least restrictive treatment option when ordering mental health
21or substance use treatment for participants. The court may
22order jail-based custodial treatment if it finds that
23jail-based treatment is the least restrictive alternative
24based on evidence that efforts were made to locate less
25restrictive alternatives to secure confinement and the reasons
26why efforts were unsuccessful in locating a less restrictive

 

 

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1alternative to jail-based custodial treatment. Any period of
2time a defendant shall serve in a jail-based treatment program
3may not be reduced by the accumulation of good time or other
4credits and may be for a period of up to 120 days.
5    (e) The drug court program shall include a regimen of
6graduated requirements and rewards and sanctions, including
7but not limited to: fines, fees, costs, restitution,
8incarceration of up to 180 days, individual and group therapy,
9drug analysis testing, close monitoring by the court at a
10minimum of once every 30 days and supervision of progress,
11educational or vocational counseling as appropriate, and other
12requirements necessary to fulfill the drug court program. If
13the defendant needs treatment for opioid use abuse or
14dependence, the court may not prohibit the defendant from
15participating in and receiving medication assisted treatment
16under the care of a physician licensed in this State to
17practice medicine in all of its branches. Drug court
18participants may not be required to refrain from using
19medication assisted treatment as a term or condition of
20successful completion of the drug court program.
21    (f) Recognizing that individuals struggling with mental
22health, addiction, and related co-occurring disorders have
23often experienced trauma, drug court programs may include
24specialized service programs specifically designed to address
25trauma. These specialized services may be offered to
26defendants admitted to the drug court program. Judicial

 

 

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1circuits establishing these specialized programs shall partner
2with advocates, survivors, and service providers in the
3development of the programs. Trauma-informed services and
4programming should be operated in accordance with best
5practices outlined by the Substance Abuse and Mental Health
6Service Administration's National Center for Trauma Informed
7Care (SAMHSA).
8    (g) The Court may establish a mentorship program that
9provides access and support to program participants by peer
10recovery coaches. Courts shall be responsible to administer
11the mentorship program with the support of mentors and local
12mental health and substance use treatment organizations. Peer
13recovery coaches shall be trained by the court, a service
14provider utilized by the court for substance use or mental
15health treatment, or be a recovery support specialist
16certified by the State of Illinois. Peer recovery coaches
17shall be approved by the Court and complete orientation with
18the court team prior to being assigned to participants in the
19program.
20(Source: P.A. 99-554, eff. 1-1-17.)
 
21    (730 ILCS 166/30)
22    Sec. 30. Mental health and substance use Substance abuse
23treatment.
24    (a) The drug court program shall maintain a network of
25substance use abuse treatment programs representing a

 

 

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1continuum of graduated substance use abuse treatment options
2commensurate with the needs of defendants.
3    (b) Any substance use abuse treatment program to which
4defendants are referred must be licensed by the State of
5Illinois as SUPR providers, meet all of the rules and
6governing programs in Parts 2030 and 2060 of Title 77 of the
7Illinois Administrative Code.
8    (c) The drug court program may, at its discretion, employ
9additional services or interventions, as it deems necessary on
10a case by case basis.
11    (d) The drug court program may maintain or collaborate
12with a network of mental health treatment programs
13representing a continuum of treatment options commensurate
14with the needs of the defendant and available resources
15including programs with the State of Illinois and
16community-based programs supported and sanctioned by the State
17of Illinois. Partnerships with providers certified as
18community mental health or behavioral health centers shall be
19prioritized when possible.
20(Source: P.A. 92-58, eff. 1-1-02.)
 
21    (730 ILCS 166/35)
22    Sec. 35. Violation; termination; discharge.
23    (a) If the court finds from the evidence presented
24including but not limited to the reports or proffers of proof
25from the drug court professionals that:

 

 

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1        (1) the defendant is not performing satisfactorily in
2    the assigned program;
3        (2) the defendant is not benefitting from education,
4    treatment, or rehabilitation;
5        (3) the defendant has engaged in criminal conduct
6    rendering him or her unsuitable for the program; or
7        (4) the defendant has otherwise violated the terms and
8    conditions of the program or his or her sentence or is for
9    any reason unable to participate;
10the court may impose reasonable sanctions under prior written
11agreement of the defendant, including but not limited to
12imprisonment or dismissal of the defendant from the program
13and the court may reinstate criminal proceedings against him
14or her or proceed under Section 5-6-4 of the Unified Code of
15Corrections for a violation of probation, conditional
16discharge, or supervision hearing.
17    (a-5) A defendant who is assigned to a substance use abuse
18treatment program under this Act for opioid use abuse or
19dependence is not in violation of the terms or conditions of
20the program on the basis of his or her participation in
21medication assisted treatment under the care of a physician
22licensed in this State to practice medicine in all of its
23branches.
24    (b) Upon successful completion of the terms and conditions
25of the program, the court may dismiss the original charges
26against the defendant or successfully terminate the

 

 

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1defendant's sentence or otherwise discharge him or her from
2any further proceedings against the defendant him or her in
3the original prosecution.
4    (c) Upon successful completion of the terms and conditions
5of the program, any State's Attorney in the county of
6conviction may move to vacate convictions held by the
7defendant that are eligible for sealing under the Criminal
8Identification Act. Participants may immediately file
9petitions to expunge vacated convictions and the associated
10underlying records per the Criminal Identification Act. In
11cases where the State's Attorney moves to vacate a conviction,
12they may not object to expungement of that conviction or the
13underlying record.
14    (d) The drug court program may maintain or collaborate
15with a network of legal aid organizations that specialize in
16conviction relief to support participants navigating the
17expungement and sealing process.
18(Source: P.A. 99-554, eff. 1-1-17.)
 
19    (730 ILCS 166/45)
20    Sec. 45. Education seminars for drug court prosecutors.
21Subject to appropriation, the Office of the State's Attorneys
22Appellate Prosecutor shall conduct mandatory education
23seminars on the subjects of substance use disorder abuse and
24addiction for all drug court prosecutors throughout the State.
25(Source: P.A. 99-480, eff. 9-9-15.)
 

 

 

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1    (730 ILCS 166/50)
2    Sec. 50. Education seminars for public defenders. Subject
3to appropriation, the Office of the State Appellate Defender
4shall conduct mandatory education seminars on the subjects of
5substance use disorder abuse and addiction for all public
6defenders and assistant public defenders practicing in drug
7courts throughout the State.
8(Source: P.A. 99-480, eff. 9-9-15.)
 
9    Section 10. The Veterans and Servicemembers Court
10Treatment Act is amended by changing Sections 5, 10, 20, 25,
1130, and 35 and by adding Sections 40, 45, and 50 as follows:
 
12    (730 ILCS 167/5)
13    Sec. 5. Purposes. The General Assembly recognizes that
14veterans and active, Reserve and National Guard servicemembers
15have provided or are currently providing an invaluable service
16to our country. In so doing, some may suffer the effects of,
17including but not limited to, post traumatic stress disorder,
18traumatic brain injury, depression and may also suffer drug
19and alcohol dependency or addiction and co-occurring mental
20illness and substance use disorders abuse problems. As a
21result of this, some veterans or active duty servicemembers
22come into contact with the criminal justice system and are
23charged with felony or misdemeanor offenses. There is a

 

 

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1critical need for the criminal justice system to recognize
2these veterans, provide accountability for their wrongdoing,
3provide for the safety of the public and provide for the
4treatment of our veterans. It is the intent of the General
5Assembly to create specialized veteran and servicemember
6courts or programs with the necessary flexibility to meet the
7specialized needs problems faced by these veteran and
8servicemember defendants.
9(Source: P.A. 96-924, eff. 6-14-10.)
 
10    (730 ILCS 167/10)
11    Sec. 10. Definitions. In this Act:
12    "Combination Veterans and Servicemembers Court program"
13means a court program that includes a pre-adjudicatory and a
14post-adjudicatory Veterans and Servicemembers court program.
15    "Court" means Veterans and Servicemembers Court.
16    "IDVA" means the Illinois Department of Veterans' Affairs.
17    "Peer recovery coach" means a volunteer veteran mentor
18assigned to a veteran or servicemember during participation in
19a veteran treatment court program who has been trained and
20certified by the court to guide and mentor the participant to
21successfully complete the assigned requirements. Peer recovery
22coaches should be individuals with lived experience and shall
23work to help facilitate participants' independence for
24continued success once the supports of the court are no longer
25available to them.

 

 

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1    "Post-adjudicatory Veterans and Servicemembers Court
2Program" means a program in which the defendant has admitted
3guilt or has been found guilty and agrees, along with the
4prosecution, to enter a Veterans and Servicemembers Court
5program as part of the defendant's sentence.
6    "Pre-adjudicatory Veterans and Servicemembers Court
7Program" means a program that allows the defendant with the
8consent of the prosecution, to expedite the defendant's
9criminal case before conviction or before filing of a criminal
10case and requires successful completion of the Veterans and
11Servicemembers Court programs as part of the agreement.
12    "Servicemember" means a person who is currently serving in
13the Army, Air Force, Marines, Navy, or Coast Guard on active
14duty, reserve status or in the National Guard.
15    "VA" means the United States Department of Veterans'
16Affairs.
17    "VAC" means a veterans assistance commission.
18    "Veteran" means a person who served in the active
19military, naval, or air service and who was discharged or
20released therefrom under conditions other than dishonorable.
21    "Veterans and Servicemembers Court professional" means a
22member of the Veterans and Servicemembers Court team,
23including but not limited to a judge, prosecutor, defense
24attorney, probation officer, coordinator, treatment provider,
25or peer recovery coach.
26    "Veterans and Servicemembers Court" means a court or

 

 

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1program with an immediate and highly structured judicial
2intervention process for substance use abuse treatment, mental
3health, or other assessed treatment needs of eligible veteran
4and servicemember defendants that brings together substance
5use abuse professionals, mental health professionals, VA
6professionals, local social programs and intensive judicial
7monitoring in accordance with the nationally recommended 10
8key components of drug courts.
9    "Clinical treatment plan" means an evidence-based,
10comprehensive, and individualized plan that defines the scope
11of treatment services to be delivered by a treatment provider.
12    "Validated clinical assessment" may include assessment
13tools required by public or private insurance.
14(Source: P.A. 99-314, eff. 8-7-15; 99-819, eff. 8-15-16.)
 
15    (730 ILCS 167/25)
16    Sec. 25. Procedure.
17    (a) The Court shall order the defendant to submit to an
18eligibility screening and an assessment through the VA, VAC,
19and/or the IDVA to provide information on the defendant's
20veteran or servicemember status.
21    (b) The Court shall order the defendant to submit to an
22eligibility screening and mental health and drug/alcohol
23screening and assessment of the defendant by the VA, VAC, or by
24the IDVA to provide assessment services for Illinois Courts.
25The assessment shall include a validated clinical assessment.

 

 

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1The clinical assessment shall include, but not be limited to,
2assessments of substance use, mental and behavioral health
3needs. The clinical assessment shall be administered by a
4qualified clinician and used to inform any clinical treatment
5plans. Clinical treatment plans shall be developed risks
6assessment and be based, in part, upon the known availability
7of treatment resources available to the Veterans and
8Servicemembers Court. The assessment shall also include
9recommendations for treatment of the conditions which are
10indicating a need for treatment under the monitoring of the
11Court and be reflective of a level of risk assessed for the
12individual seeking admission. An assessment need not be
13ordered if the Court finds a valid screening and/or assessment
14related to the present charge pending against the defendant
15has been completed within the previous 60 days.
16    (c) The judge shall inform the defendant that if the
17defendant fails to meet the conditions of the Veterans and
18Servicemembers Court program, eligibility to participate in
19the program may be revoked and the defendant may be sentenced
20or the prosecution continued as provided in the Unified Code
21of Corrections for the crime charged.
22    (d) The defendant shall execute a written agreement with
23the Court as to his or her participation in the program and
24shall agree to all of the terms and conditions of the program,
25including but not limited to the possibility of sanctions or
26incarceration for failing to abide or comply with the terms of

 

 

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1the program.
2    (e) In addition to any conditions authorized under the
3Pretrial Services Act and Section 5-6-3 of the Unified Code of
4Corrections, the Court may order the defendant to complete
5substance use abuse treatment in an outpatient, inpatient,
6residential, or jail-based custodial treatment program, order
7the defendant to complete mental health counseling in an
8inpatient or outpatient basis, comply with physicians'
9recommendation regarding medications and all follow up
10treatment for any mental health diagnosis made by the
11provider. Substance use treatment programs must be licensed by
12the State of Illinois as a Substance Use Prevention and
13Recovery (SUPR) provider. When referring participants to
14mental health treatment programs, the court shall prioritize
15providers certified as community mental health or behavioral
16health centers as possible. The court shall prioritize the
17least restrictive treatment option when ordering mental health
18or substance use treatment for participants. The court may
19order jail-based custodial treatment if it finds that
20jail-based treatment is the least restrictive alternative
21based on evidence that efforts were made to locate less
22restrictive alternatives to secure confinement and the reasons
23why efforts were unsuccessful in locating a less restrictive
24alternative to jail-based custodial treatment. This treatment
25may include but is not limited to post-traumatic stress
26disorder, traumatic brain injury and depression.

 

 

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1    (e-5) Recognizing that individuals struggling with mental
2health, addiction and related co-occurring disorders have
3often experienced trauma, veterans and servicemembers court
4programs may include specialized service programs specifically
5designed to address trauma. These specialized services may be
6offered to defendants admitted to the mental health court
7program. Judicial circuits establishing these specialized
8programs shall partner with advocates, survivors, and service
9providers in the development of the programs. Trauma-informed
10services and programming should be operated in accordance with
11best practices outlined by the Substance Abuse and Mental
12Health Service Administration's National Center for Trauma
13Informed Care (SAMHSA).
14    (f) The Court may establish a mentorship program that
15provides access and support to program participants by peer
16recovery coaches. Courts shall be responsible to administer
17the mentorship program with the support of volunteer veterans
18and local veteran service organizations, including a VAC. Peer
19recovery coaches shall be trained and certified by the Court,
20a service provider utilized by the court for substance use or
21mental health treatment, or be a recovery support specialist
22certified by the State of Illinois. Peer recovery coaches
23shall be approved by the Court and complete orientation with
24the court team prior to being assigned to participants in the
25program.
26(Source: P.A. 99-314, eff. 8-7-15; 99-819, eff. 8-15-16.)
 

 

 

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1    (730 ILCS 167/30)
2    Sec. 30. Mental health and substance use abuse treatment.
3    (a) The Veterans and Servicemembers Court program may
4maintain a network of substance use abuse treatment programs
5representing a continuum of graduated substance use abuse
6treatment options commensurate with the needs of defendants;
7these shall include programs with the VA, IDVA, a VAC, the
8State of Illinois and community-based programs supported and
9sanctioned by either or both.
10    (b) Any substance use abuse treatment program to which
11defendants are referred must be licensed by the State of
12Illinois as SUPR providers, meet all of the rules and
13governing programs in Parts 2030 and 2060 of Title 77 of the
14Illinois Administrative Code.
15    (c) The Veterans and Servicemembers Court program may, in
16its discretion, employ additional services or interventions,
17as it deems necessary on a case by case basis.
18    (d) The Veterans and Servicemembers Court program may
19maintain or collaborate with a network of mental health
20treatment programs and, if it is a co-occurring mental health
21and substance use abuse court program, a network of substance
22use abuse treatment programs representing a continuum of
23treatment options commensurate with the needs of the defendant
24and available resources including programs with the VA, the
25IDVA, a VAC, and the State of Illinois. When not utilizing

 

 

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1mental health treatment or services available through the VA,
2IDVA or VAC, partnerships with providers certified as
3community mental health or behavioral health centers shall be
4prioritized as possible.
5(Source: P.A. 99-819, eff. 8-15-16.)
 
6    (730 ILCS 167/35)
7    Sec. 35. Violation; termination; discharge.
8    (a) If the Court finds from the evidence presented
9including but not limited to the reports or proffers of proof
10from the Veterans and Servicemembers Court professionals that:
11        (1) the defendant is not performing satisfactorily in
12    the assigned program;
13        (2) the defendant is not benefitting from education,
14    treatment, or rehabilitation;
15        (3) the defendant has engaged in criminal conduct
16    rendering him or her unsuitable for the program; or
17        (4) the defendant has otherwise violated the terms and
18    conditions of the program or his or her sentence or is for
19    any reason unable to participate; the Court may impose
20    reasonable sanctions under prior written agreement of the
21    defendant, including but not limited to imprisonment or
22    dismissal of the defendant from the program and the Court
23    may reinstate criminal proceedings against him or her or
24    proceed under Section 5-6-4 of the Unified Code of
25    Corrections for a violation of probation, conditional

 

 

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1    discharge, or supervision hearing.
2    (b) Upon successful completion of the terms and conditions
3of the program, the Court may dismiss the original charges
4against the defendant or successfully terminate the
5defendant's sentence or otherwise discharge him or her from
6any further proceedings against him or her in the original
7prosecution.
8    (c) Upon successful completion of the terms and conditions
9of the program, any State's Attorney in the county of
10conviction may move to vacate any convictions eligible for
11sealing under the Criminal Identification Act. Defendants may
12immediately file petitions to expunge vacated convictions and
13the associated underlying records per the Criminal
14Identification Act. In cases where the State's Attorney moves
15to vacate a conviction, they may not object to expungement of
16that conviction or the underlying record.
17    (d) Veterans and servicemembers court programs may
18maintain or collaborate with a network of legal aid
19organizations that specialize in conviction relief to support
20participants navigating the expungement and sealing process.
21(Source: P.A. 96-924, eff. 6-14-10.)
 
22    (730 ILCS 167/40 new)
23    Sec. 40. Education seminars for judges. The Administrative
24Office of the Illinois Courts shall conduct education seminars
25for judges throughout the State on how to operate Veterans and

 

 

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1Servicemembers Court Programs.
 
2    (730 ILCS 167/45 new)
3    Sec. 45. Education seminars for Veterans and
4Servicemembers Court prosecutors. Subject to appropriation,
5the Office of the State's Attorneys Appellate Prosecutor shall
6conduct mandatory education seminars on the subjects of
7substance use, addiction, and mental health, for all Veterans
8and Servicemembers Court prosecutors throughout the State.
 
9    (730 ILCS 167/50 new)
10    Sec. 50. Education seminars for public defenders. Subject
11to appropriation, the Office of the State Appellate Defender
12shall conduct mandatory education seminars on the subjects of
13substance use, addiction, and mental health, for all public
14defenders and assistant public defenders practicing in
15Veterans and Servicemembers Courts throughout the State.
 
16    Section 15. The Mental Health Court Treatment Act is
17amended by changing Sections 5, 10, 20, 25, 30, and 35 and by
18adding Sections 45, 50, and 55 as follows:
 
19    (730 ILCS 168/5)
20    Sec. 5. Purposes. The General Assembly recognizes that a
21large percentage of criminal defendants have a diagnosable
22mental illness and that mental illnesses have a dramatic

 

 

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1effect on the criminal justice system in the State of
2Illinois. The General Assembly also recognizes that mental
3illness and substance use disorders abuse problems co-occur in
4a substantial percentage of criminal defendants. There is a
5critical need for a criminal justice system program that will
6reduce the number of persons with mental illnesses and with
7co-occurring mental illness and substance use disorders abuse
8problems in the criminal justice system, reduce recidivism
9among persons with mental illness and with co-occurring mental
10illness and substance use disorders abuse problems, provide
11appropriate treatment to persons with mental illnesses and
12co-occurring mental illness and substance use disorders abuse
13problems and reduce the incidence of crimes committed as a
14result of mental illnesses or co-occurring mental illness and
15substance use disorders abuse problems. It is the intent of
16the General Assembly to create specialized mental health
17courts with the necessary flexibility to meet the needs
18problems of criminal defendants with mental illnesses and
19co-occurring mental illness and substance use disorders abuse
20problems in the State of Illinois.
21(Source: P.A. 95-606, eff. 6-1-08.)
 
22    (730 ILCS 168/10)
23    Sec. 10. Definitions. As used in this Act:
24    "Mental health court", "mental health court program", or
25"program" means a structured judicial intervention process for

 

 

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1mental health treatment of eligible defendants that brings
2together mental health professionals, local social programs,
3and intensive judicial monitoring.
4    "Mental health court professional" means a member of the
5mental health court team, including but not limited to a
6judge, prosecutor, defense attorney, probation officer,
7coordinator, treatment provider, or peer recovery coach.
8    "Pre-adjudicatory mental health court program" means a
9program that allows the defendant, with the consent of the
10prosecution, to expedite the defendant's criminal case before
11conviction or before filing of a criminal case and requires
12successful completion of the mental health court program as
13part of the agreement.
14    "Post-adjudicatory mental health court program" means a
15program in which the defendant has admitted guilt or has been
16found guilty and agrees, along with the prosecution, to enter
17a mental health court program as part of the defendant's
18sentence.
19    "Combination mental health court program" means a mental
20health court program that includes a pre-adjudicatory mental
21health court program and a post-adjudicatory mental health
22court program.
23    "Co-occurring mental health and substance use abuse court
24program" means a program that includes persons with
25co-occurring mental illness and substance use disorders abuse
26problems. Such programs shall include professionals with

 

 

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1training and experience in treating persons with substance use
2disorders abuse problems and mental illness.
3    "Clinical treatment plan" means an evidence-based,
4comprehensive, and individualized plan that defines the scope
5of treatment services to be delivered by a treatment provider.
6    "Validated clinical assessment" may include assessment
7tools required by public or private insurance.
8    "Peer recovery coach" means a mentor assigned to a
9defendant during participation in a drug treatment court
10program who has been trained and certified by the court to
11guide and mentor the participant to successfully complete the
12assigned requirements. Peer recovery coaches should be
13individuals with lived experience and work to help facilitate
14participants' independence for continued success once the
15supports of the court are no longer available to them.
16(Source: P.A. 97-946, eff. 8-13-12.)
 
17    (730 ILCS 168/20)
18    Sec. 20. Eligibility.
19    (a) A defendant, who is eligible for probation based on
20the nature of the crime convicted of and in consideration of
21his or her criminal background, if any, may be admitted into a
22mental health court program only upon the agreement of the
23defendant and with the approval of the court.
24    (b) A defendant shall be excluded from a mental health
25court program if any one of the following applies:

 

 

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1        (1) The crime is a crime of violence as set forth in
2    clause (3) of this subsection (b).
3        (2) The defendant does not demonstrate a willingness
4    to participate in a treatment program.
5        (3) The defendant has been convicted of a crime of
6    violence within the past 10 years excluding incarceration
7    time. As used in this paragraph (3), "crime of violence"
8    means: first degree murder, second degree murder,
9    predatory criminal sexual assault of a child, aggravated
10    criminal sexual assault, criminal sexual assault, armed
11    robbery, aggravated arson, arson, aggravated kidnapping,
12    kidnapping, aggravated battery resulting in great bodily
13    harm or permanent disability, stalking, aggravated
14    stalking, or any offense involving the discharge of a
15    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) A defendant charged with prostitution under Section
2311-14 of the Criminal Code of 2012 may be admitted into a
24mental health court program, if available in the jurisdiction
25and provided that the requirements in subsections (a) and (b)
26are satisfied. Mental health court programs may include

 

 

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1specialized service programs specifically designed to address
2the trauma associated with prostitution and human trafficking,
3and may offer those specialized services to defendants
4admitted to the mental health court program. Judicial circuits
5establishing these specialized programs shall partner with
6prostitution and human trafficking advocates, survivors, and
7service providers in the development of the programs.
8(Source: P.A. 100-426, eff. 1-1-18.)
 
9    (730 ILCS 168/25)
10    Sec. 25. Procedure.
11    (a) The court shall require an eligibility screening and
12an assessment of the defendant. The assessment shall include a
13validated clinical assessment. The clinical assessment shall
14include, but not be limited to, assessments of substance use,
15mental and behavioral health needs. The clinical assessment
16shall be administered by a qualified clinician and used to
17inform any clinical treatment plans. Clinical treatment plans
18shall be developed, in part, upon the known availability of
19treatment resources available. An assessment need not be
20ordered if the court finds a valid assessment related to the
21present charge pending against the defendant has been
22completed within the previous 60 days.
23    (b) The judge shall inform the defendant that if the
24defendant fails to meet the requirements of the mental health
25court program, eligibility to participate in the program may

 

 

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1be revoked and the defendant may be sentenced or the
2prosecution continued, as provided in the Unified Code of
3Corrections, for the crime charged.
4    (c) The defendant shall execute a written agreement as to
5his or her participation in the program and shall agree to all
6of the terms and conditions of the program, including but not
7limited to the possibility of sanctions or incarceration for
8failing to abide or comply with the terms of the program.
9    (d) In addition to any conditions authorized under the
10Pretrial Services Act and Section 5-6-3 of the Unified Code of
11Corrections, the court may order the defendant to complete
12mental health or substance use abuse treatment in an
13outpatient, inpatient, residential, or jail-based custodial
14treatment program, order the defendant to complete mental
15health counseling in an inpatient or outpatient basis, comply
16with physicians' recommendation regarding medications and all
17follow up treatment for any mental health diagnosis made by
18the provider. Substance abuse treatment programs must be
19licensed by the State of Illinois as a Substance Use
20Prevention and Recovery (SUPR) provider. When referring
21participants to mental health treatment programs, the court
22shall prioritize providers certified as community mental
23health or behavioral health centers as possible. The court
24shall prioritize the least restrictive treatment option when
25ordering mental health or substance use treatment for
26participants. The court may order jail-based custodial

 

 

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1treatment if it finds that jail-based treatment is the least
2restrictive alternative based on evidence that efforts were
3made to locate less restrictive alternatives to secure
4confinement and the reasons why efforts were unsuccessful in
5locating a less restrictive alternative to jail-based
6custodial treatment. Any period of time a defendant shall
7serve in a jail-based treatment program may not be reduced by
8the accumulation of good time or other credits and may be for a
9period of up to 120 days.
10    (e) The mental health court program may include a regimen
11of graduated requirements and rewards and sanctions, including
12but not limited to: fines, fees, costs, restitution,
13incarceration of up to 180 days, individual and group therapy,
14medication, drug analysis testing, close monitoring by the
15court and supervision of progress, educational or vocational
16counseling as appropriate and other requirements necessary to
17fulfill the mental health court program.
18    (f) The Mental Health Court program may maintain or
19collaborate with a network of mental health treatment programs
20and, if it is a co-occurring mental health and substance use
21court program, a network of substance use treatment programs
22representing a continuum of treatment options commensurate
23with the needs of the defendant and available resources
24including programs with the State of Illinois.
25    (g) Recognizing that individuals struggling with mental
26health, addiction and related co-occurring disorders have

 

 

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1often experienced trauma, mental health court programs may
2include specialized service programs specifically designed to
3address trauma. These specialized services may be offered to
4defendants admitted to the mental health court program.
5Judicial circuits establishing these specialized programs
6shall partner with service providers in the development of the
7programs. Trauma-informed services and programming should be
8operated in Accordance with best practices outlined by the
9Substance Abuse and Mental Health Service Administration's
10National Center for Trauma Informed Care (SAMHSA).
11    (h) The Court may establish a mentorship program that
12provides access and support to program participants by peer
13recovery coaches. Courts shall be responsible to administer
14the mentorship program with the support of mentors and local
15mental health and SUPR licensed substance use treatment
16organizations. Peer recovery coaches shall be trained and
17licensed by the court, a service provider utilized by the
18court for substance use or mental health treatment, or be a
19recovery support specialist certified by the State of
20Illinois. Peer recovery coaches shall be approved by the Court
21and complete orientation with the court team prior to being
22assigned to participants in the program.
23(Source: P.A. 95-606, eff. 6-1-08.)
 
24    (730 ILCS 168/30)
25    Sec. 30. Mental health and substance use abuse treatment.

 

 

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1    (a) The mental health court program may maintain or
2collaborate with a network of mental health treatment programs
3and, if it is a co-occurring mental health and substance use
4abuse court program, a network of substance use abuse
5treatment programs representing a continuum of treatment
6options commensurate with the needs of defendants and
7available resources.
8    (b) Any substance use abuse treatment program to which
9defendants are referred must be licensed by the State of
10Illinois as SUPR providers and meet all of the rules and
11governing programs in Parts 2030 and 2060 of Title 77 of the
12Illinois Administrative Code.
13    (c) The mental health court program may, at its
14discretion, employ additional services or interventions, as it
15deems necessary on a case by case basis.
16(Source: P.A. 95-606, eff. 6-1-08.)
 
17    (730 ILCS 168/35)
18    Sec. 35. Violation; termination; discharge.
19    (a) If the court finds from the evidence presented,
20including but not limited to the reports or proffers of proof
21from the mental health court professionals that:
22        (1) the defendant is not performing satisfactorily in
23    the assigned program;
24        (2) the defendant is not benefiting from education,
25    treatment, or rehabilitation;

 

 

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1        (3) the defendant has engaged in criminal conduct
2    rendering him or her unsuitable for the program; or
3        (4) the defendant has otherwise violated the terms and
4    conditions of the program or his or her sentence or is for
5    any reason unable to participate;
6the court may impose reasonable sanctions under prior written
7agreement of the defendant, including but not limited to
8imprisonment or dismissal of the defendant from the program;
9and the court may reinstate criminal proceedings against him
10or her or proceed under Section 5-6-4 of the Unified Code of
11Corrections for a violation of probation, conditional
12discharge, or supervision hearing. No defendant may be
13dismissed from the program unless, prior to such dismissal,
14the defendant is informed in writing: (i) of the reason or
15reasons for the dismissal; (ii) the evidentiary basis
16supporting the reason or reasons for the dismissal; (iii) that
17the defendant has a right to a hearing at which he or she may
18present evidence supporting his or her continuation in the
19program. Based upon the evidence presented, the court shall
20determine whether the defendant has violated the conditions of
21the program and whether the defendant should be dismissed from
22the program or whether some other alternative may be
23appropriate in the interests of the defendant and the public.
24    (b) Upon successful completion of the terms and conditions
25of the program, the court may dismiss the original charges
26against the defendant or successfully terminate the

 

 

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1defendant's sentence or otherwise discharge him or her from
2the program or from any further proceedings against him or her
3in the original prosecution.
4    (c) Upon successful completion of the terms and conditions
5of the program, any State's Attorney in the county of
6conviction may move to vacate any convictions eligible for
7sealing under the Criminal Identification Act. Defendants may
8immediately file petitions to expunge vacated convictions and
9the associated underlying records per the Criminal
10Identification Act. In cases where the State's Attorney moves
11to vacate a conviction, they may not object to expungement of
12that conviction or the underlying record.
13    (d) The mental health court program may maintain or
14collaborate with a network of legal aid organizations that
15specialize in conviction relief to support participants
16navigating the expungement and sealing process.
17(Source: P.A. 95-606, eff. 6-1-08.)
 
18    (730 ILCS 168/45 new)
19    Sec. 45. Education seminars for judges. The Administrative
20Office of the Illinois Courts shall conduct education seminars
21for judges throughout the State on how to operate Mental
22Health Court programs.
 
23    (730 ILCS 168/50 new)
24    Sec. 50. Education seminars for Mental Health Court

 

 

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1prosecutors. Subject to appropriation, the Office of the
2State's Attorneys Appellate Prosecutor shall conduct mandatory
3education seminars on the subjects of substance use, addiction
4and mental health, for all prosecutors serving in Mental
5Health courts throughout the State.
 
6    (730 ILCS 168/55 new)
7    Sec. 55. Education seminars for public defenders. Subject
8to appropriation, the Office of the State Appellate Defender
9shall conduct mandatory education seminars on the subjects of
10substance use, addiction, and mental health, for all public
11defenders and assistant public defenders practicing in Mental
12Health courts throughout the State.".