102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB2565

 

Introduced 2/26/2021, by Sen. Melinda Bush

 

SYNOPSIS AS INTRODUCED:
 
730 ILCS 166/5
730 ILCS 166/10
730 ILCS 166/25
730 ILCS 166/30
730 ILCS 166/35
730 ILCS 167/10
730 ILCS 167/20
730 ILCS 167/25
730 ILCS 167/35
730 ILCS 167/40 new
730 ILCS 167/45 new
730 ILCS 167/50 new
730 ILCS 168/10
730 ILCS 168/20
730 ILCS 168/25
730 ILCS 168/35
730 ILCS 168/45 new
730 ILCS 168/50 new

    Amends the Drug Court Treatment Act. Defines "clinical treatment plan" and "peer recovery coach". Provides that the assessment of the defendant shall include a validated clinical assessment. The clinical assessment shall include, but not be limited to, assessments of substance use and mental and behavioral health needs. The clinical assessment shall be administered by a qualified clinician and used to inform any Clinical Treatment Plans. Provides that the court may establish a mentorship program that provides access and support to program participants by peer recovery coaches. Amends the Veterans and Servicemembers Court Treatment Act. Provides that peer recovery coaches shall work to help facilitate participants' independence for continued success once the supports of the court are no longer available to them. Provides for education seminars for Veterans and Servicemembers, court prosecutors, judges, and public defenders. Amends the Mental Health Court Treatment Act. Provides that the court may establish a mentorship program that provides access and support to program participants by peer recovery coaches. Makes other changes.


LRB102 16553 KMF 21949 b

 

 

A BILL FOR

 

SB2565LRB102 16553 KMF 21949 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Drug Court Treatment Act is amended by
5changing Sections 5, 10, 25, 30, and 35 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 abuse problems may come into contact
10with the criminal justice system and be charged with felony or
11misdemeanor offenses. The General Assembly also recognizes
12that substance abuse issues 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
17struggling with these issues, provide alternatives to
18incarceration to address incidences a criminal justice system
19program that will reduce the incidence of drug use, drug
20addiction, and provide appropriate access to treatment and
21support to persons with substance abuse issues crimes
22committed as a result of drug use and drug addiction. It is the
23intent of the General Assembly to create specialized drug

 

 

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1courts, in accordance with national best practices, for
2addressing addiction and co-occurring disorders with the
3necessary flexibility to meet the needs for an array of
4services and supports among participants in drug court
5programs problems in the State of Illinois.
6(Source: P.A. 92-58, eff. 1-1-02.)
 
7    (730 ILCS 166/10)
8    Sec. 10. Definitions. As used in this Act:
9    "Drug court", "drug court program", or "program" means an
10immediate and highly structured judicial intervention process
11for substance abuse treatment of eligible defendants that
12brings together substance abuse professionals, local social
13programs, and intensive judicial monitoring in accordance with
14the nationally recommended 10 key components of drug courts.
15    "Drug court professional" means a member of the drug court
16team, including but not limited to a judge, prosecutor,
17defense attorney, probation officer, coordinator, licensed
18treatment provider, or peer recovery coach.
19    "Pre-adjudicatory drug court program" means a program that
20allows the defendant, with the consent of the prosecution, to
21expedite the defendant's criminal case before conviction or
22before filing of a criminal case and requires successful
23completion of the drug court program as part of the agreement.
24    "Post-adjudicatory drug court program" means a program in
25which the defendant has admitted guilt or has been found

 

 

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1guilty and agrees, along with the prosecution, to enter a drug
2court program as part of the defendant's sentence.
3    "Combination drug court program" means a drug court
4program that includes a pre-adjudicatory drug court program
5and a post-adjudicatory drug court program.
6    "Clinical Treatment Plan" means an evidence-based,
7comprehensive, and individualized plan that defines the scope
8of treatment services to be delivered by a PSC treatment
9provider.
10    "Peer recovery coach" means a mentor assigned to a
11defendant during participation in a drug treatment court
12program who has been trained and certified by the court to
13guide and mentor the participant to successfully complete the
14assigned requirements. Peer recovery coaches should be
15individuals with lived experience and work to help facilitate
16participants' independence for continued success once the
17supports of the court are no longer available to them.
18(Source: P.A. 97-946, eff. 8-13-12.)
 
19    (730 ILCS 166/25)
20    Sec. 25. Procedure.
21    (a) The court shall order an eligibility screening and an
22assessment of the defendant by an agent designated by the
23State of Illinois to provide assessment services for the
24Illinois Courts. The assessment shall include a validated
25clinical assessment. The clinical assessment shall include,

 

 

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1but not be limited to, assessments of substance use, mental
2and behavioral health needs. The clinical assessment shall be
3administered by a qualified clinician and used to inform any
4Clinical Treatment Plans. Clinical Treatment Plans shall be
5developed, in part, upon the known availability of treatment
6resources available. An assessment need not be ordered if the
7court finds a valid assessment related to the present charge
8pending against the defendant has been completed within the
9previous 60 days.
10    (b) The judge shall inform the defendant that if the
11defendant fails to meet the conditions of the drug court
12program, eligibility to participate in the program may be
13revoked and the defendant may be sentenced or the prosecution
14continued as provided in the Unified Code of Corrections for
15the crime charged.
16    (c) The defendant shall execute a written agreement as to
17his or her participation in the program and shall agree to all
18of the terms and conditions of the program, including but not
19limited to the possibility of sanctions or incarceration for
20failing to abide or comply with the terms of the program.
21    (d) In addition to any conditions authorized under the
22Pretrial Services Act and Section 5-6-3 of the Unified Code of
23Corrections, the court may order the defendant to complete
24substance abuse treatment in an outpatient, inpatient,
25residential, or jail-based custodial treatment program.
26Substance abuse treatment programs must be licensed by the

 

 

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1State of Illinois as a Substance Use Prevention and Recovery
2(SUPR) provider. The court may also order the defendant to
3complete mental health counseling in an inpatient or
4outpatient basis, in accordance with a physician's
5recommendation and comply with physicians' recommendations
6regarding medications and all follow up treatment. This
7treatment may be for conditions including but not limited to
8trauma, port-traumatic stress disorder, traumatic brain injury
9and depression. Any period of time a defendant shall serve in a
10jail-based treatment program may not be reduced by the
11accumulation of good time or other credits and may be for a
12period of up to 120 days.
13    (e) The drug court program shall include a regimen of
14graduated requirements and rewards and sanctions, including
15but not limited to: fines, fees, costs, restitution,
16incarceration of up to 180 days, individual and group therapy,
17drug analysis testing, close monitoring by the court at a
18minimum of once every 30 days and supervision of progress,
19educational or vocational counseling as appropriate, and other
20requirements necessary to fulfill the drug court program. If
21the defendant needs treatment for opioid abuse or dependence,
22the court may not prohibit the defendant from participating in
23and receiving medication assisted treatment under the care of
24a physician licensed in this State to practice medicine in all
25of its branches. Drug court participants may not be required
26to refrain from using medication assisted treatment as a term

 

 

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1or condition of successful completion of the drug court
2program.
3    (f) Recognizing that individuals struggling with mental
4health, addiction, and related co-occurring disorders have
5often experienced trauma, drug court programs may include
6specialized service programs specifically designed to address
7trauma. These specialized services may be offered to
8defendants admitted to the drug court program. Judicial
9circuits establishing these specialized programs shall partner
10with advocates, survivors, and service providers in the
11development of the programs. Trauma-informed services and
12programming should be operated in accordance with best
13practices outlined by the Substance Abuse and Mental Health
14Service Administration's National Center for Trauma Informed
15Care (SAMHSA).
16    (g) The court may establish a mentorship program that
17provides access and support to program participants by peer
18recovery coaches. Courts shall be responsible to administer
19the mentorship program with the support of mentors and local
20mental health and substance abuse treatment organizations,
21recovery coaches shall be trained and licensed by the court
22prior to being assigned to participants in the program.
23(Source: P.A. 99-554, eff. 1-1-17.)
 
24    (730 ILCS 166/30)
25    Sec. 30. Mental health and substance Substance abuse

 

 

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1treatment.
2    (a) The drug court program shall maintain a network of
3substance abuse treatment programs representing a continuum of
4graduated substance abuse treatment options commensurate with
5the needs of defendants; these shall include programs with the
6State of Illinois and community-based programs supported,
7sanctioned, and licensed as SUPR providers by the State of
8Illinois.
9    (b) Any substance abuse treatment program to which
10defendants are referred must be licensed by the State of
11Illinois as SUPR providers, meet all of the rules and
12governing programs in Parts 2030 and 2060 of Title 77 of the
13Illinois Administrative Code.
14    (c) The drug court program may, at its discretion, employ
15additional services or interventions, as it deems necessary on
16a case by case basis.
17    (d) The Drug Court program may maintain or collaborate
18with a network of mental health treatment programs
19representing a continuum of treatment options commensurate
20with the needs of the defendant and available resources
21including programs with the State of Illinois and
22community-based programs supported and sanctioned by the State
23of Illinois.
24(Source: P.A. 92-58, eff. 1-1-02.)
 
25    (730 ILCS 166/35)

 

 

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1    Sec. 35. Violation; termination; discharge.
2    (a) If the court finds from the evidence presented
3including but not limited to the reports or proffers of proof
4from the drug court professionals that:
5        (1) the defendant is not performing satisfactorily in
6    the assigned program;
7        (2) the defendant is not benefitting from education,
8    treatment, or rehabilitation;
9        (3) the defendant has engaged in criminal conduct
10    rendering him or her unsuitable for the program; or
11        (4) the defendant has otherwise violated the terms and
12    conditions of the program or his or her sentence or is for
13    any reason unable to participate;
14the court may impose reasonable sanctions under prior written
15agreement of the defendant, including but not limited to
16imprisonment or dismissal of the defendant from the program
17and the court may reinstate criminal proceedings against him
18or her or proceed under Section 5-6-4 of the Unified Code of
19Corrections for a violation of probation, conditional
20discharge, or supervision hearing.
21    (a-5) A defendant who is assigned to a substance abuse
22treatment program under this Act for opioid abuse or
23dependence is not in violation of the terms or conditions of
24the program on the basis of his or her participation in
25medication assisted treatment under the care of a physician
26licensed in this State to practice medicine in all of its

 

 

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1branches.
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 may move to vacate any
10convictions eligible for sealing under the Criminal
11Identification Act. Defendants may immediately file petitions
12to expunge vacated convictions and the associated underlying
13records per the Criminal Identification Act. In cases where
14the State's Attorney moves to vacate a conviction, they may
15not object to expungement of that conviction or the underlying
16record.
17    (d) The drug court program may maintain or collaborate
18with a network of legal aid organizations that specialize in
19conviction relief to support participants navigating the
20expungement and sealing process.
21(Source: P.A. 99-554, eff. 1-1-17.)
 
22    Section 10. The Veterans and Servicemembers Court
23Treatment Act is amended by changing Section 10, 20, 25, and 35
24and by adding Sections 40, 45, and 50 as follows:
 

 

 

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1    (730 ILCS 167/10)
2    Sec. 10. Definitions. In this Act:
3    "Combination Veterans and Servicemembers Court program"
4means a court program that includes a pre-adjudicatory and a
5post-adjudicatory Veterans and Servicemembers court program.
6    "Court" means Veterans and Servicemembers Court.
7    "IDVA" means the Illinois Department of Veterans' Affairs.
8    "Peer recovery coach" means a volunteer veteran mentor
9assigned to a veteran or servicemember during participation in
10a veteran treatment court program who has been trained and
11certified by the court to guide and mentor the participant to
12successfully complete the assigned requirements. Peer recovery
13coaches shall work to help facilitate participants'
14independence for continued success once the supports of the
15court are no longer available to them.
16    "Post-adjudicatory Veterans and Servicemembers Court
17Program" means a program in which the defendant has admitted
18guilt or has been found guilty and agrees, along with the
19prosecution, to enter a Veterans and Servicemembers Court
20program as part of the defendant's sentence.
21    "Pre-adjudicatory Veterans and Servicemembers Court
22Program" means a program that allows the defendant with the
23consent of the prosecution, to expedite the defendant's
24criminal case before conviction or before filing of a criminal
25case and requires successful completion of the Veterans and
26Servicemembers Court programs as part of the agreement.

 

 

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1    "Servicemember" means a person who is currently serving in
2the Army, Air Force, Marines, Navy, or Coast Guard on active
3duty, reserve status or in the National Guard.
4    "VA" means the United States Department of Veterans'
5Affairs.
6    "VAC" means a veterans assistance commission.
7    "Veteran" means a person who served in the active
8military, naval, or air service and who was discharged or
9released therefrom under conditions other than dishonorable.
10    "Veterans and Servicemembers Court professional" means a
11member of the Veterans and Servicemembers Court team,
12including but not limited to a judge, prosecutor, defense
13attorney, probation officer, coordinator, treatment provider,
14or peer recovery coach.
15    "Veterans and Servicemembers Court" means a court or
16program with an immediate and highly structured judicial
17intervention process for substance abuse treatment, mental
18health, or other assessed treatment needs of eligible veteran
19and servicemember defendants that brings together substance
20abuse professionals, mental health professionals, VA
21professionals, local social programs and intensive judicial
22monitoring in accordance with the nationally recommended 10
23key components of drug courts.
24    "Clinical Treatment Plan" means an evidence-based,
25comprehensive, and individualized plan that defines the scope
26of treatment services to be delivered by a PSC treatment

 

 

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1provider.
2(Source: P.A. 99-314, eff. 8-7-15; 99-819, eff. 8-15-16.)
 
3    (730 ILCS 167/20)
4    Sec. 20. Eligibility. Veterans and Servicemembers are
5eligible for Veterans and Servicemembers Courts, provided the
6following:
7    (a) A defendant, who is eligible for probation based on
8the nature of the crime convicted of and in consideration of
9his or her criminal background, if any, may be admitted into a
10Veterans and Servicemembers Court program before adjudication
11only upon the agreement of the defendant and with the approval
12of the Court. A defendant may be admitted into a Veterans and
13Servicemembers Court program post-adjudication only with the
14approval of the court.
15    (b) A defendant shall be excluded from Veterans and
16Servicemembers Court program if any of one of the following
17applies:
18        (1) The crime is a crime of violence as set forth in
19    clause (3) of this subsection (b).
20        (2) The defendant does not demonstrate a willingness
21    to participate in a treatment program.
22        (3) The defendant has been convicted of a crime of
23    violence within the past 10 years excluding incarceration
24    time, including first degree murder, second degree murder,
25    predatory criminal sexual assault of a child, aggravated

 

 

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1    criminal sexual assault, criminal sexual assault, armed
2    robbery, aggravated arson, arson, aggravated kidnapping
3    and kidnapping, aggravated battery resulting in great
4    bodily harm or permanent disability, stalking, aggravated
5    stalking, or any offense involving the discharge of a
6    firearm.
7        (4) (Blank).
8        (5) The crime for which the defendant has been
9    convicted is non-probationable.
10        (6) The sentence imposed on the defendant, whether the
11    result of a plea or a finding of guilt, renders the
12    defendant ineligible for probation.
13    (c) Recognizing that individuals struggling with mental
14health, addiction and related co-occurring disorders have
15often experienced trauma, veterans and servicemembers court
16programs may include specialized service programs specifically
17designed to address trauma. These specialized services may be
18offered to defendants admitted to the mental health court
19program. Judicial circuits establishing these specialized
20programs shall partner with advocates, survivors, and service
21providers in the development of the programs. Trauma-informed
22services and programming should be operated in accordance with
23best practices outlined by the Substance Abuse and Mental
24Health Service Administration's National Center for Trauma
25Informed Care (SAMHSA).
26(Source: P.A. 99-480, eff. 9-9-15; 100-426, eff. 1-1-18.)
 

 

 

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1    (730 ILCS 167/25)
2    Sec. 25. Procedure.
3    (a) The Court shall order the defendant to submit to an
4eligibility screening and an assessment through the VA, VAC,
5and/or the IDVA to provide information on the defendant's
6veteran or servicemember status.
7    (b) The Court shall order the defendant to submit to an
8eligibility screening and mental health and drug/alcohol
9screening and assessment of the defendant by the VA, VAC, or by
10the IDVA to provide assessment services for Illinois Courts.
11The assessment shall include a validated clinical assessment.
12The clinical assessment shall include, but not be limited to,
13assessments of substance use, mental and behavioral health
14needs. The clinical assessment shall be administered by a
15qualified clinician and used to inform any Clinical Treatment
16Plans. Clinical Treatment Plans shall be developed, risks
17assessment and be based, in part, upon the known availability
18of treatment resources available to the Veterans and
19Servicemembers Court. The assessment shall also include
20recommendations for treatment of the conditions which are
21indicating a need for treatment under the monitoring of the
22Court and be reflective of a level of risk assessed for the
23individual seeking admission. An assessment need not be
24ordered if the Court finds a valid screening and/or assessment
25related to the present charge pending against the defendant

 

 

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1has been completed within the previous 60 days.
2    (c) The judge shall inform the defendant that if the
3defendant fails to meet the conditions of the Veterans and
4Servicemembers Court program, eligibility to participate in
5the program may be revoked and the defendant may be sentenced
6or the prosecution continued as provided in the Unified Code
7of Corrections for the crime charged.
8    (d) The defendant shall execute a written agreement with
9the Court as to his or her participation in the program and
10shall agree to all of the terms and conditions of the program,
11including but not limited to the possibility of sanctions or
12incarceration for failing to abide or comply with the terms of
13the program.
14    (e) In addition to any conditions authorized under the
15Pretrial Services Act and Section 5-6-3 of the Unified Code of
16Corrections, the Court may order the defendant to complete
17substance abuse treatment in an outpatient, inpatient,
18residential, or jail-based custodial treatment program, order
19the defendant to complete mental health counseling in an
20inpatient or outpatient basis, comply with physicians'
21recommendation regarding medications and all follow up
22treatment. This treatment may include but is not limited to
23post-traumatic stress disorder, traumatic brain injury and
24depression.
25    (f) The Court may establish a mentorship program that
26provides access and support to program participants by peer

 

 

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1recovery coaches. Courts shall be responsible to administer
2the mentorship program with the support of volunteer veterans
3and local veteran service organizations, including a VAC. Peer
4recovery coaches shall be trained and certified by the Court
5prior to being assigned to participants in the program.
6(Source: P.A. 99-314, eff. 8-7-15; 99-819, eff. 8-15-16.)
 
7    (730 ILCS 167/35)
8    Sec. 35. Violation; termination; discharge.
9    (a) If the Court finds from the evidence presented
10including but not limited to the reports or proffers of proof
11from the Veterans and Servicemembers Court professionals that:
12        (1) the defendant is not performing satisfactorily in
13    the assigned program;
14        (2) the defendant is not benefitting from education,
15    treatment, or rehabilitation;
16        (3) the defendant has engaged in criminal conduct
17    rendering him or her unsuitable for the program; or
18        (4) the defendant has otherwise violated the terms and
19    conditions of the program or his or her sentence or is for
20    any reason unable to participate; the Court may impose
21    reasonable sanctions under prior written agreement of the
22    defendant, including but not limited to imprisonment or
23    dismissal of the defendant from the program and the Court
24    may reinstate criminal proceedings against him or her or
25    proceed under Section 5-6-4 of the Unified Code of

 

 

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

 

 

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1for judges throughout the State on how to operate Veterans and
2Servicemembers Court Programs.
 
3    (730 ILCS 167/45 new)
4    Sec. 45. Education seminars for Veterans and
5Servicemembers Court prosecutors. Subject to appropriation,
6the Office of the State's Attorneys Appellate Prosecutor shall
7conduct mandatory education seminars on the subjects of
8substance abuse, addiction, and mental health, for all
9Veterans and Servicemembers Court prosecutors throughout the
10State.
 
11    (730 ILCS 167/50 new)
12    Sec. 50. Education seminars for public defenders. Subject
13to appropriation, the Office of the State Appellate Defender
14shall conduct mandatory education seminars on the subjects of
15substance abuse, addiction, and mental health, for all public
16defenders and assistant public defenders practicing in
17Veterans and Servicemembers Courts throughout the State.
 
18    Section 15. The Mental Health Court Treatment Act is
19amended by changing Sections 10, 20, 25, and 35 and by adding
20Sections 45 and 50 as follows:
 
21    (730 ILCS 168/10)
22    Sec. 10. Definitions. As used in this Act:

 

 

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

 

 

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

 

 

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1court program if any one of the following applies:
2        (1) The crime is a crime of violence as set forth in
3    clause (3) of this subsection (b).
4        (2) The defendant does not demonstrate a willingness
5    to participate in a treatment program.
6        (3) The defendant has been convicted of a crime of
7    violence within the past 10 years excluding incarceration
8    time. As used in this paragraph (3), "crime of violence"
9    means: first degree murder, second degree murder,
10    predatory criminal sexual assault of a child, aggravated
11    criminal sexual assault, criminal sexual assault, armed
12    robbery, aggravated arson, arson, aggravated kidnapping,
13    kidnapping, aggravated battery resulting in great bodily
14    harm or permanent disability, stalking, aggravated
15    stalking, or any offense involving the discharge of a
16    firearm.
17        (4) (Blank).
18        (5) The crime for which the defendant has been
19    convicted is non-probationable.
20        (6) The sentence imposed on the defendant, whether the
21    result of a plea or a finding of guilt, renders the
22    defendant ineligible for probation.
23    (c) Recognizing that individuals struggling with mental
24health, addiction and related co-occurring disorders have
25often experienced trauma, mental A defendant charged with
26prostitution under Section 11-14 of the Criminal Code of 2012

 

 

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1may be admitted into a mental health court program, if
2available in the jurisdiction and provided that the
3requirements in subsections (a) and (b) are satisfied. Mental
4health court programs may include specialized service programs
5specifically designed to address the trauma. These specialized
6services may be offered to defendants admitted to the mental
7health court program. Judicial circuits establishing these
8specialized programs shall partner with prostitution and human
9trafficking advocates, survivors, and service providers in the
10development of the programs. Trauma-informed services and
11programming should be operated in accordance with best
12practices outlined by the Substance Abuse and Mental Health
13Service Administration's National Center for Trauma Informed
14Care (SAMHSA). associated with prostitution and human
15trafficking, and may offer those specialized services to
16defendants admitted to the mental health court program.
17Judicial circuits establishing these specialized programs
18shall partner with prostitution and human trafficking
19advocates, survivors, and service providers in the development
20of the programs.
21(Source: P.A. 100-426, eff. 1-1-18.)
 
22    (730 ILCS 168/25)
23    Sec. 25. Procedure.
24    (a) The court shall require an eligibility screening and
25an assessment of the defendant. The assessment shall include a

 

 

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1validated clinical assessment. The clinical assessment shall
2include, but not be limited to, assessments of substance use,
3mental and behavioral health needs. The clinical assessment
4shall be administered by a qualified clinician and used to
5inform any Clinical Treatment Plans. Clinical Treatment Plans
6shall be developed, in part, upon the known availability of
7treatment resources available. An assessment need not be
8ordered if the court finds a valid assessment related to the
9present charge pending against the defendant has been
10completed within the previous 60 days.
11    (b) The judge shall inform the defendant that if the
12defendant fails to meet the requirements of the mental health
13court program, eligibility to participate in the program may
14be revoked and the defendant may be sentenced or the
15prosecution continued, as provided in the Unified Code of
16Corrections, for the crime charged.
17    (c) The defendant shall execute a written agreement as to
18his or her participation in the program and shall agree to all
19of the terms and conditions of the program, including but not
20limited to the possibility of sanctions or incarceration for
21failing to abide or comply with the terms of the program.
22    (d) In addition to any conditions authorized under the
23Pretrial Services Act and Section 5-6-3 of the Unified Code of
24Corrections, the court may order the defendant to complete
25mental health or substance abuse treatment in an outpatient,
26inpatient, residential, or jail-based custodial treatment

 

 

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1program. Any period of time a defendant shall serve in a
2jail-based treatment program may not be reduced by the
3accumulation of good time or other credits and may be for a
4period of up to 120 days.
5    (d-5) 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 abuse treatment in an outpatient, inpatient,
9residential, or jail-based custodial treatment program.
10Substance abuse treatment programs must be licensed by the
11State of Illinois as a Substance Use Prevention and Recovery
12(SUPR) provider. The court may also order the defendant to
13complete mental health counseling in an inpatient or
14outpatient basis, in accordance with a physician's
15recommendation, comply with physicians' recommendations
16regarding medications and all follow up treatment. This
17treatment may include but is not limited to trauma,
18post-traumatic stress disorder, traumatic brain injury and
19depression. Any period of time a defendant shall serve in a
20jail-based treatment program may not be reduced by the
21accumulation of good time or other credits and may be for a
22period of up to 120 days.
23    (e) The mental health court program may include a regimen
24of graduated requirements and rewards and sanctions, including
25but not limited to: fines, fees, costs, restitution,
26incarceration of up to 180 days, individual and group therapy,

 

 

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1medication, drug analysis testing, close monitoring by the
2court and supervision of progress, educational or vocational
3counseling as appropriate and other requirements necessary to
4fulfill the mental health court program.
5    (f) The Mental Health Court program may maintain or
6collaborate with a network of mental health treatment programs
7and, if it is a co-occurring mental health and substance abuse
8court program, a network of substance abuse treatment programs
9representing a continuum of treatment options commensurate
10with the needs of the defendant and available resources
11including programs with the State of Illinois.
12    (g) The Court may establish a mentorship program that
13provides access and support to program participants by peer
14recovery coaches. Courts shall be responsible to administer
15the mentorship program with the support of mentors and local
16mental health and SUPR licensed substance abuse treatment
17organizations. Recovery coaches shall be trained and licensed
18by the Court prior to being assigned to participants in the
19program.
20(Source: P.A. 95-606, eff. 6-1-08.)
 
21    (730 ILCS 168/35)
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 mental health 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 benefiting 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. No defendant may be
17dismissed from the program unless, prior to such dismissal,
18the defendant is informed in writing: (i) of the reason or
19reasons for the dismissal; (ii) the evidentiary basis
20supporting the reason or reasons for the dismissal; (iii) that
21the defendant has a right to a hearing at which he or she may
22present evidence supporting his or her continuation in the
23program. Based upon the evidence presented, the court shall
24determine whether the defendant has violated the conditions of
25the program and whether the defendant should be dismissed from
26the program or whether some other alternative may be

 

 

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1appropriate in the interests of the defendant and the public.
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
6the program or from any further proceedings against him or her
7in the original prosecution.
8    (c) Upon successful completion of the terms and conditions
9of the program, any State's Attorney may move to vacate any
10convictions eligible for sealing under the Criminal
11Identification Act. Defendants may immediately file petitions
12to expunge vacated convictions and the associated underlying
13records per the Criminal Identification Act. In cases where
14the State's Attorney moves to vacate a conviction, they may
15not object to expungement of that conviction or the underlying
16record.
17    (d) The mental health court program may maintain or
18collaborate with a network of legal aid organizations that
19specialize in conviction relief to support participants
20navigating the expungement and sealing process.
21(Source: P.A. 95-606, eff. 6-1-08.)
 
22    (730 ILCS 168/45 new)
23    Sec. 45. Education seminars for judges. The Administrative
24Office of the Illinois Courts shall conduct education seminars
25for judges throughout the State on how to operate Mental

 

 

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1Health Court programs.
 
2    (730 ILCS 168/50 new)
3    Sec. 50. Education seminars for public defenders. Subject
4to appropriation, the Office of the State Appellate Defender
5shall conduct mandatory education seminars on the subjects of
6substance abuse, addiction, and mental health, for all public
7defenders and assistant public defenders practicing in Mental
8Health courts throughout the State.