102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB3449

 

Introduced 1/18/2022, by Sen. Karina Villa

 

SYNOPSIS AS INTRODUCED:
 
730 ILCS 166/10
730 ILCS 166/55 new
730 ILCS 167/10
730 ILCS 167/95 new
730 ILCS 168/10
730 ILCS 168/45 new

    Amends the Drug Court Treatment Act, the Veterans and Servicemembers Court Treatment Act, and the Mental Health Court Treatment Act. Provides that jurisdiction may be transferred from the sentencing court to the problem-solving court circuit in which the offender resides at the concurrence of both courts. Provides that the court to which jurisdiction has been transferred shall have the same powers as the sentencing court. Provides that the problem solving court department within the circuit to which jurisdiction has been transferred may impose problem solving court fees upon receiving the transferred offender. Provides that after the transfer all problem solving court fees shall be paid to the problem solving court department within the circuit to which jurisdiction has been transferred. Defines "problem-solving court" and "transferred".


LRB102 22846 RLC 31997 b

 

 

A BILL FOR

 

SB3449LRB102 22846 RLC 31997 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 Section 10 and by adding Section 55 as follows:
 
6    (730 ILCS 166/10)
7    Sec. 10. Definitions. As used in this Act:
8    "Drug court", "drug court program", or "program" means an
9immediate and highly structured judicial intervention process
10for substance abuse treatment of eligible defendants that
11brings together substance abuse professionals, local social
12programs, and intensive judicial monitoring in accordance with
13the nationally recommended 10 key components of drug courts.
14    "Drug court professional" means a member of the drug court
15team, including but not limited to a judge, prosecutor,
16defense attorney, probation officer, coordinator, treatment
17provider, or peer recovery coach.
18    "Pre-adjudicatory drug court program" means a program that
19allows the defendant, with the consent of the prosecution, to
20expedite the defendant's criminal case before conviction or
21before filing of a criminal case and requires successful
22completion of the drug court program as part of the agreement.
23    "Post-adjudicatory drug court program" means a program in

 

 

SB3449- 2 -LRB102 22846 RLC 31997 b

1which the defendant has admitted guilt or has been found
2guilty and agrees, along with the prosecution, to enter a drug
3court program as part of the defendant's sentence.
4    "Combination drug court program" means a drug court
5program that includes a pre-adjudicatory drug court program
6and a post-adjudicatory drug court program.
7    "Problem-solving court" means any and all mental health
8court treatment, Veterans and Servicemembers Court treatment,
9and drug court treatment departments in a judicial circuit.
10    "Transferred" means the transfer of any case in which an
11adult or juvenile offender seeks to have problem solving court
12treatment transferred from one county to the county in this
13State in which the offender resides, and the transfer is
14approved by a judge.
15    
16(Source: P.A. 97-946, eff. 8-13-12.)
 
17    (730 ILCS 166/55 new)
18    Sec. 55. Transfer. Jurisdiction may be transferred from
19the sentencing court to the problem-solving court circuit in
20which the offender resides at the concurrence of both courts.
21The court to which jurisdiction has been transferred shall
22have the same powers as the sentencing court. The problem
23solving court department within the circuit to which
24jurisdiction has been transferred may impose problem solving
25court fees upon receiving the transferred offender as defined

 

 

SB3449- 3 -LRB102 22846 RLC 31997 b

1in Section 10. After the transfer all problem solving court
2fees shall be paid to the problem solving court department
3within the circuit to which jurisdiction has been transferred.
 
4    Section 10. The Veterans and Servicemembers Court
5Treatment Act is amended by changing Section 10 and by adding
6Section 95 as follows:
 
7    (730 ILCS 167/10)
8    Sec. 10. Definitions. In this Act:
9    "Combination Veterans and Servicemembers Court program"
10means a court program that includes a pre-adjudicatory and a
11post-adjudicatory Veterans and Servicemembers court program.
12    "Court" means Veterans and Servicemembers Court.
13    "IDVA" means the Illinois Department of Veterans' Affairs.
14    "Peer recovery coach" means a volunteer veteran mentor
15assigned to a veteran or servicemember during participation in
16a veteran treatment court program who has been trained and
17certified by the court to guide and mentor the participant to
18successfully complete the assigned requirements.
19    "Post-adjudicatory Veterans and Servicemembers Court
20Program" means a program in which the defendant has admitted
21guilt or has been found guilty and agrees, along with the
22prosecution, to enter a Veterans and Servicemembers Court
23program as part of the defendant's sentence.
24    "Pre-adjudicatory Veterans and Servicemembers Court

 

 

SB3449- 4 -LRB102 22846 RLC 31997 b

1Program" means a program that allows the defendant with the
2consent of the prosecution, to expedite the defendant's
3criminal case before conviction or before filing of a criminal
4case and requires successful completion of the Veterans and
5Servicemembers Court programs as part of the agreement.
6    "Problem-solving court" means any and all mental health
7court treatment, Veterans and Servicemembers Court treatment,
8and drug court treatment departments in a judicial circuit.
9    "Servicemember" means a person who is currently serving in
10the Army, Air Force, Marines, Navy, or Coast Guard on active
11duty, reserve status or in the National Guard.
12    "Transferred" means the transfer of any case in which an
13adult or juvenile offender seeks to have problem solving court
14treatment transferred from one county to the county in this
15State in which the offender resides, and the transfer is
16approved by a judge.
17    "VA" means the United States Department of Veterans'
18Affairs.
19    "VAC" means a veterans assistance commission.
20    "Veteran" means a person who served in the active
21military, naval, or air service and who was discharged or
22released therefrom under conditions other than dishonorable.
23    "Veterans and Servicemembers Court professional" means a
24member of the Veterans and Servicemembers Court team,
25including but not limited to a judge, prosecutor, defense
26attorney, probation officer, coordinator, treatment provider,

 

 

SB3449- 5 -LRB102 22846 RLC 31997 b

1or peer recovery coach.
2    "Veterans and Servicemembers Court" means a court or
3program with an immediate and highly structured judicial
4intervention process for substance abuse treatment, mental
5health, or other assessed treatment needs of eligible veteran
6and servicemember defendants that brings together substance
7abuse professionals, mental health professionals, VA
8professionals, local social programs and intensive judicial
9monitoring in accordance with the nationally recommended 10
10key components of drug courts.
11(Source: P.A. 99-314, eff. 8-7-15; 99-819, eff. 8-15-16.)
 
12    (730 ILCS 167/95 new)
13    Sec. 95. Transfers. Jurisdiction may be transferred from
14the sentencing court to the problem-solving court circuit in
15which the offender resides at the concurrence of both courts.
16The court to which jurisdiction has been transferred shall
17have the same powers as the sentencing court. The problem
18solving court department within the circuit to which
19jurisdiction has been transferred may impose problem solving
20court fees upon receiving the transferred offender as defined
21in Section 10. After the transfer all problem solving court
22fees shall be paid to the problem solving court department
23within the circuit to which jurisdiction has been transferred.
 
24    Section 15. The Mental Health Court Treatment Act is

 

 

SB3449- 6 -LRB102 22846 RLC 31997 b

1amended by changing Section 10 and by adding Section 45 as
2follows:
 
3    (730 ILCS 168/10)
4    Sec. 10. Definitions. As used in this Act:
5    "Mental health court", "mental health court program", or
6"program" means a structured judicial intervention process for
7mental health treatment of eligible defendants that brings
8together mental health professionals, local social programs,
9and intensive judicial monitoring.
10    "Mental health court professional" means a member of the
11mental health court team, including but not limited to a
12judge, prosecutor, defense attorney, probation officer,
13coordinator, treatment provider, or peer recovery coach.
14    "Pre-adjudicatory mental health court program" means a
15program that allows the defendant, with the consent of the
16prosecution, to expedite the defendant's criminal case before
17conviction or before filing of a criminal case and requires
18successful completion of the mental health court program as
19part of the agreement.
20    "Post-adjudicatory mental health court program" means a
21program in which the defendant has admitted guilt or has been
22found guilty and agrees, along with the prosecution, to enter
23a mental health court program as part of the defendant's
24sentence.
25    "Problem-solving court" means any and all mental health

 

 

SB3449- 7 -LRB102 22846 RLC 31997 b

1court treatment, Veterans and Servicemembers Court treatment,
2and drug court treatment departments in a judicial circuit.
3    "Transferred" means the transfer of any case in which an
4adult or juvenile offender seeks to have problem solving court
5treatment transferred from one county to the county in this
6State in which the offender resides, and the transfer is
7approved by a judge.
8    "Combination mental health court program" means a mental
9health court program that includes a pre-adjudicatory mental
10health court program and a post-adjudicatory mental health
11court program.
12    "Co-occurring mental health and substance abuse court
13program" means a program that includes persons with
14co-occurring mental illness and substance abuse problems. Such
15programs shall include professionals with training and
16experience in treating persons with substance abuse problems
17and mental illness.
18(Source: P.A. 97-946, eff. 8-13-12.)
 
19    (730 ILCS 168/45 new)
20    Sec. 45. Transfers. Jurisdiction may be transferred from
21the sentencing court to the problem-solving court circuit in
22which the offender resides at the concurrence of both courts.
23The court to which jurisdiction has been transferred shall
24have the same powers as the sentencing court. The problem
25solving court department within the circuit to which

 

 

SB3449- 8 -LRB102 22846 RLC 31997 b

1jurisdiction has been transferred may impose problem solving
2court fees upon receiving the transferred offender as defined
3in Section 10. After the transfer all problem solving court
4fees shall be paid to the problem solving court department
5within the circuit to which jurisdiction has been transferred.