Full Text of HB3850 102nd General Assembly
HB3850ham001 102ND GENERAL ASSEMBLY | Rep. Lindsey LaPointe Filed: 3/22/2021
| | 10200HB3850ham001 | | LRB102 16552 KMF 23611 a |
|
| 1 | | AMENDMENT TO HOUSE BILL 3850
| 2 | | AMENDMENT NO. ______. Amend House Bill 3850 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Drug Court Treatment Act is amended by | 5 | | changing 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 | 8 | | individuals struggling with drug and alcohol dependency or
| 9 | | addiction and substance use disorders may come into contact
| 10 | | with the criminal justice system and be charged with felony or
| 11 | | misdemeanor offenses. The General Assembly also recognizes
| 12 | | that substance use disorders and mental illness co-occur in a
| 13 | | substantial percentage of criminal defendants. the use and
| 14 | | abuse of drugs has a dramatic effect on the criminal justice | 15 | | system in the
State
of Illinois. There is a critical need for | 16 | | the criminal justice system to recognize individuals |
| | | 10200HB3850ham001 | - 2 - | LRB102 16552 KMF 23611 a |
|
| 1 | | struggling
with these issues, provide alternatives to | 2 | | incarceration to
address incidences a criminal justice system | 3 | | program
that
will reduce the incidence of drug use, drug | 4 | | addiction, and provide appropriate
access to treatment and | 5 | | support to persons with substance use
disorders. crimes | 6 | | committed as
a
result of drug use and drug addiction. It is the | 7 | | intent of the General Assembly
to create specialized drug | 8 | | courts , in accordance with national best practices,
for | 9 | | addressing addiction and co-occurring disorders with the | 10 | | necessary flexibility to meet the needs for an array of | 11 | | services and
supports among participants in
drug court | 12 | | programs 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 | 17 | | immediate and
highly
structured judicial intervention process | 18 | | for substance use abuse treatment of
eligible defendants that | 19 | | brings together substance use abuse professionals, local
| 20 | | social programs, and intensive judicial monitoring in | 21 | | accordance with the
nationally recommended 10 key components | 22 | | of drug courts.
| 23 | | "Drug court professional" means a member of the drug court | 24 | | team, including but not limited to
a judge, prosecutor, | 25 | | defense attorney,
probation officer, coordinator, licensed |
| | | 10200HB3850ham001 | - 3 - | LRB102 16552 KMF 23611 a |
|
| 1 | | treatment provider, or peer recovery coach.
| 2 | | "Pre-adjudicatory drug court program" means a program that | 3 | | allows
the defendant,
with the consent of the prosecution, to | 4 | | expedite the defendant's criminal case
before conviction or | 5 | | before filing of a criminal case and requires successful
| 6 | | completion of the drug court program as part of the agreement.
| 7 | | "Post-adjudicatory drug court program" means a program in | 8 | | which the
defendant has admitted
guilt
or has been found | 9 | | guilty and agrees, along with the prosecution, to enter a
drug
| 10 | | court program as part of the defendant's sentence.
| 11 | | "Combination drug court program" means a drug court | 12 | | program that includes a
pre-adjudicatory drug court program | 13 | | and a post-adjudicatory drug court program.
| 14 | | "Clinical treatment plan" means an evidence-based,
| 15 | | comprehensive, and individualized plan that defines the scope | 16 | | of
treatment services to be delivered by a court treatment | 17 | | provider. | 18 | | "Validated clinical assessment" may include assessment | 19 | | tools
required by public or private insurance. | 20 | | "Peer recovery coach" means a mentor assigned to a | 21 | | defendant
during participation in a drug treatment court | 22 | | program who has been
trained and certified by the court to | 23 | | guide and mentor the participant
to successfully complete the | 24 | | assigned requirements. Peer recovery
coaches should be | 25 | | individuals with lived experience and shall work to
help | 26 | | facilitate participants' independence for continued success
|
| | | 10200HB3850ham001 | - 4 - | LRB102 16552 KMF 23611 a |
|
| 1 | | once 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 | 6 | | assessment of the
defendant by an agent designated by the | 7 | | State of Illinois to provide assessment
services for the | 8 | | Illinois Courts. The assessment shall include a validated | 9 | | clinical assessment.
The clinical assessment shall include, | 10 | | but not be limited to,
assessments of substance use, mental | 11 | | and behavioral health needs.
The clinical assessment shall be | 12 | | administered by a qualified clinician
and used to inform any | 13 | | clinical treatment plans. Clinical treatment
plans shall be | 14 | | developed, in part, upon the known availability of
treatment | 15 | | resources available. An assessment need not be ordered if the
| 16 | | court finds a valid assessment related to the present charge | 17 | | pending against
the defendant has been completed within the | 18 | | previous 60 days.
| 19 | | (b) The judge shall inform the defendant that if the | 20 | | defendant fails to
meet the conditions of the drug court | 21 | | program, eligibility to participate in
the
program may be | 22 | | revoked and the defendant may be sentenced or the prosecution
| 23 | | continued as provided in
the
Unified Code of Corrections for | 24 | | the crime charged.
| 25 | | (c) The defendant shall execute a written agreement as to |
| | | 10200HB3850ham001 | - 5 - | LRB102 16552 KMF 23611 a |
|
| 1 | | his or her
participation in the program and shall agree to all | 2 | | of the terms and conditions
of the program, including but not | 3 | | limited to the possibility of sanctions or
incarceration for | 4 | | failing to abide or comply with the terms of the program.
| 5 | | (d) In addition to any conditions authorized under the | 6 | | Pretrial Services
Act and Section 5-6-3 of the Unified Code of | 7 | | Corrections, the court may order
the defendant to complete | 8 | | substance use abuse treatment in an outpatient,
inpatient,
| 9 | | residential, or jail-based custodial treatment program , order | 10 | | the defendant to
complete mental health counseling in an | 11 | | inpatient or outpatient basis,
comply with physicians' | 12 | | recommendation regarding medications and all
follow up | 13 | | treatment for any mental health diagnosis made by the | 14 | | provider.
Substance use treatment programs must be licensed by | 15 | | the State of
Illinois as a Substance Use Prevention and | 16 | | Recovery (SUPR) provider. When referring participants to | 17 | | mental health treatment
programs, the court shall prioritize | 18 | | providers certified as community
mental health or behavioral | 19 | | health centers as possible. The court shall
prioritize the | 20 | | least restrictive treatment option when ordering
mental health | 21 | | or substance use treatment for participants. The
court may | 22 | | order jail-based custodial treatment if it finds that
| 23 | | jail-based treatment is the least restrictive alternative | 24 | | based on
evidence that efforts were made to locate less | 25 | | restrictive alternatives
to secure confinement and the reasons | 26 | | why efforts were unsuccessful in
locating a less restrictive |
| | | 10200HB3850ham001 | - 6 - | LRB102 16552 KMF 23611 a |
|
| 1 | | alternative to jail-based custodial treatment . Any period of | 2 | | time a
defendant shall serve in a jail-based treatment program | 3 | | may not be reduced by
the accumulation of good time or other | 4 | | credits and may be for a period of up to
120 days.
| 5 | | (e) The drug court program shall include a regimen of | 6 | | graduated
requirements and rewards and sanctions, including | 7 | | but not limited to: fines,
fees, costs, restitution, | 8 | | incarceration of up to 180 days, individual and group
therapy, | 9 | | drug
analysis testing, close monitoring by the court at a | 10 | | minimum of once every 30
days
and supervision of progress, | 11 | | educational or vocational counseling as
appropriate, and other
| 12 | | requirements necessary to fulfill the drug court program. If | 13 | | the defendant needs treatment for opioid use abuse or | 14 | | dependence, the court may not prohibit the defendant from | 15 | | participating in and
receiving medication assisted treatment | 16 | | under the care of
a physician licensed in this State to | 17 | | practice medicine in all
of its branches. Drug court | 18 | | participants may not be required to refrain from using | 19 | | medication assisted treatment as a term or condition of | 20 | | successful completion of the drug court program. | 21 | | (f) Recognizing that individuals struggling with mental
| 22 | | health, addiction, and related co-occurring disorders have | 23 | | often
experienced trauma, drug court programs may include | 24 | | specialized
service programs specifically designed to address | 25 | | trauma. These
specialized services may be offered to | 26 | | defendants admitted to the
drug court program. Judicial |
| | | 10200HB3850ham001 | - 7 - | LRB102 16552 KMF 23611 a |
|
| 1 | | circuits establishing these specialized
programs shall partner | 2 | | with advocates, survivors, and service providers
in the | 3 | | development of the programs. Trauma-informed services and
| 4 | | programming should be operated in accordance with best | 5 | | practices
outlined by the Substance Abuse and Mental Health | 6 | | Service
Administration's National Center for Trauma Informed | 7 | | Care (SAMHSA). | 8 | | (g) The Court may establish a mentorship program that
| 9 | | provides access and support to program participants by peer
| 10 | | recovery coaches. Courts shall be responsible to administer | 11 | | the
mentorship program with the support of mentors and local | 12 | | mental
health and substance use treatment organizations. Peer | 13 | | recovery
coaches shall be trained by the court, a service | 14 | | provider
utilized by the court for substance use or mental | 15 | | health treatment, or
be a recovery support specialist | 16 | | certified by the State of Illinois.
Peer recovery coaches | 17 | | shall be approved by the Court and complete
orientation with | 18 | | the court team prior to being assigned to participants
in the | 19 | | program.
| 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 | 23 | | treatment.
| 24 | | (a) The drug court program shall maintain a network of | 25 | | substance use abuse
treatment programs representing a |
| | | 10200HB3850ham001 | - 8 - | LRB102 16552 KMF 23611 a |
|
| 1 | | continuum of graduated substance use abuse
treatment options | 2 | | commensurate with the needs of defendants.
| 3 | | (b) Any substance use abuse treatment program to which | 4 | | defendants are referred
must be licensed by the State of | 5 | | Illinois
as SUPR providers, meet all of the rules and | 6 | | governing programs in
Parts 2030 and 2060 of Title 77 of the | 7 | | Illinois Administrative Code.
| 8 | | (c) The drug court program may, at its discretion, employ | 9 | | additional
services or
interventions, as it deems necessary on | 10 | | a case by case basis. | 11 | | (d) The drug court program may maintain or collaborate | 12 | | with
a network of mental health treatment programs | 13 | | representing a
continuum of treatment options commensurate | 14 | | with the needs of the
defendant and available resources | 15 | | including programs with the State
of Illinois and | 16 | | community-based programs supported and sanctioned by
the State | 17 | | of Illinois. Partnerships with providers certified as | 18 | | community
mental health or behavioral health centers shall be | 19 | | prioritized 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 | 24 | | including but not limited
to the reports or
proffers of proof | 25 | | from the drug court professionals that:
|
| | | 10200HB3850ham001 | - 9 - | LRB102 16552 KMF 23611 a |
|
| 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;
| 10 | | the court may impose reasonable sanctions
under prior written | 11 | | agreement of the defendant, including but not limited to
| 12 | | imprisonment or dismissal of the defendant from the program | 13 | | and the court may
reinstate
criminal proceedings against him | 14 | | or her or proceed under Section 5-6-4 of the
Unified Code of | 15 | | Corrections for a violation of probation,
conditional | 16 | | discharge,
or supervision hearing. | 17 | | (a-5) A defendant who is assigned to a substance use abuse | 18 | | treatment program under this Act for opioid use abuse or | 19 | | dependence is not in violation of the terms or conditions of | 20 | | the program on the basis of his or her participation in | 21 | | medication assisted treatment under the care of a physician | 22 | | licensed in this State to practice medicine in all of its | 23 | | branches.
| 24 | | (b) Upon successful completion of the terms and conditions | 25 | | of the program,
the
court may dismiss the original charges | 26 | | against the defendant or successfully
terminate the |
| | | 10200HB3850ham001 | - 10 - | LRB102 16552 KMF 23611 a |
|
| 1 | | defendant's sentence or otherwise discharge him or her from | 2 | | any
further proceedings against the defendant him or her in | 3 | | the original prosecution. | 4 | | (c) Upon successful completion of the terms and conditions
| 5 | | of the program, any State's Attorney in the county of | 6 | | conviction
may move to vacate convictions held by the | 7 | | defendant that are
eligible for sealing under the Criminal | 8 | | Identification Act. Participants may immediately file | 9 | | petitions to
expunge vacated convictions and the associated | 10 | | underlying records
per the Criminal Identification Act. In | 11 | | cases where the State's
Attorney moves to vacate a conviction, | 12 | | they may not object to expungement
of that conviction or the | 13 | | underlying record. | 14 | | (d) The drug court program may maintain or collaborate | 15 | | with
a network of legal aid organizations that specialize in | 16 | | conviction
relief to support participants navigating the | 17 | | expungement 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. | 21 | | Subject to appropriation, the Office of the State's Attorneys | 22 | | Appellate Prosecutor shall conduct mandatory education | 23 | | seminars on the subjects of substance use disorder abuse and | 24 | | addiction for all drug court prosecutors throughout the State.
| 25 | | (Source: P.A. 99-480, eff. 9-9-15.) |
| | | 10200HB3850ham001 | - 11 - | LRB102 16552 KMF 23611 a |
|
| 1 | | (730 ILCS 166/50) | 2 | | Sec. 50. Education seminars for public defenders. Subject | 3 | | to appropriation, the Office of the State Appellate Defender | 4 | | shall conduct mandatory education seminars on the subjects of | 5 | | substance use disorder abuse and addiction for all public | 6 | | defenders and assistant public defenders practicing in drug | 7 | | courts throughout the State.
| 8 | | (Source: P.A. 99-480, eff. 9-9-15.) | 9 | | Section 10. The Veterans and Servicemembers Court
| 10 | | Treatment Act is amended by changing Sections 5, 10, 20, 25, | 11 | | 30, 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 | 14 | | veterans and active, Reserve
and National Guard servicemembers | 15 | | have provided or are currently providing an invaluable
service | 16 | | to our country. In so doing, some may suffer the effects of, | 17 | | including but not limited to,
post traumatic stress disorder, | 18 | | traumatic brain injury, depression and may also suffer drug | 19 | | and
alcohol dependency or addiction and co-occurring mental | 20 | | illness and substance use disorders abuse problems .
As a | 21 | | result of this, some veterans or active duty servicemembers | 22 | | come into contact with the
criminal justice system and are | 23 | | charged with felony or misdemeanor offenses. There is a |
| | | 10200HB3850ham001 | - 12 - | LRB102 16552 KMF 23611 a |
|
| 1 | | critical
need for the criminal justice system to recognize | 2 | | these veterans, provide accountability for their
wrongdoing, | 3 | | provide for the safety of the public and provide for the | 4 | | treatment of our veterans. It
is the intent of the General | 5 | | Assembly to create specialized veteran and servicemember | 6 | | courts or
programs with the necessary flexibility to meet the | 7 | | specialized needs problems faced by these veteran
and | 8 | | servicemember 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" | 13 | | means a court program that
includes a pre-adjudicatory and a | 14 | | post-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 | 18 | | assigned to a veteran or servicemember during participation in | 19 | | a veteran treatment court program who has been trained and | 20 | | certified by the court to guide and mentor the participant to | 21 | | successfully complete the assigned requirements. Peer recovery
| 22 | | coaches should be individuals with lived experience and shall | 23 | | work
to help facilitate participants' independence for | 24 | | continued success
once the supports of the court are no longer | 25 | | available to them. |
| | | 10200HB3850ham001 | - 13 - | LRB102 16552 KMF 23611 a |
|
| 1 | | "Post-adjudicatory Veterans and Servicemembers Court | 2 | | Program" means a program in
which the defendant has admitted | 3 | | guilt or has been found guilty and agrees, along with the
| 4 | | prosecution, to enter a Veterans and Servicemembers Court | 5 | | program as part of the defendant's
sentence.
| 6 | | "Pre-adjudicatory Veterans and Servicemembers Court | 7 | | Program" means a program that
allows the defendant with the | 8 | | consent of the prosecution, to expedite the defendant's | 9 | | criminal
case before conviction or before filing of a criminal | 10 | | case and requires successful completion of
the Veterans and | 11 | | Servicemembers Court programs as part of the agreement.
| 12 | | "Servicemember" means a person who is currently serving in | 13 | | the Army, Air Force,
Marines, Navy, or Coast Guard on active | 14 | | duty, reserve status or in the National Guard.
| 15 | | "VA" means the United States Department of Veterans' | 16 | | Affairs. | 17 | | "VAC" means a veterans assistance commission. | 18 | | "Veteran" means a person who served in the active | 19 | | military, naval, or air service and who
was discharged or | 20 | | released therefrom under conditions other than dishonorable.
| 21 | | "Veterans and Servicemembers Court professional" means a | 22 | | member of the Veterans and
Servicemembers Court team, | 23 | | including but not limited to a judge, prosecutor, defense
| 24 | | attorney, probation officer, coordinator, treatment provider, | 25 | | or peer recovery coach.
| 26 | | "Veterans and Servicemembers Court" means a court or |
| | | 10200HB3850ham001 | - 14 - | LRB102 16552 KMF 23611 a |
|
| 1 | | program with an immediate and
highly structured judicial | 2 | | intervention process for substance use abuse treatment, mental | 3 | | health, or
other assessed treatment needs of eligible veteran | 4 | | and servicemember defendants that brings
together substance | 5 | | use abuse professionals, mental health professionals, VA | 6 | | professionals, local
social programs and intensive judicial | 7 | | monitoring in accordance with the nationally
recommended 10 | 8 | | key components of drug courts.
| 9 | | "Clinical treatment plan" means an evidence-based,
| 10 | | comprehensive, and individualized plan that defines the scope | 11 | | of
treatment services to be delivered by a treatment provider. | 12 | | "Validated clinical assessment" may include assessment | 13 | | tools
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 | 18 | | eligibility screening and an
assessment through the VA, VAC, | 19 | | and/or the IDVA to provide information on the defendant's | 20 | | veteran
or servicemember status.
| 21 | | (b) The Court shall order the defendant to submit to an | 22 | | eligibility screening and mental
health and drug/alcohol | 23 | | screening and assessment of the defendant by the VA, VAC, or by | 24 | | the IDVA to
provide assessment services for Illinois Courts. | 25 | | The assessment shall include a validated clinical assessment.
|
| | | 10200HB3850ham001 | - 15 - | LRB102 16552 KMF 23611 a |
|
| 1 | | The clinical assessment shall include, but not be limited to,
| 2 | | assessments of substance use, mental and behavioral health | 3 | | needs.
The clinical assessment shall be administered by a | 4 | | qualified clinician
and used to inform any clinical treatment | 5 | | plans. Clinical treatment
plans shall be developed risks
| 6 | | assessment and be based , in part, upon the known availability | 7 | | of treatment resources available to
the Veterans and | 8 | | Servicemembers Court. The assessment shall also include | 9 | | recommendations
for treatment of the conditions which are | 10 | | indicating a need for treatment under the monitoring
of the | 11 | | Court and be reflective of a level of risk assessed for the | 12 | | individual seeking admission. An
assessment need not be | 13 | | ordered if the Court finds a valid screening and/or assessment | 14 | | related to
the present charge pending against the defendant | 15 | | has been completed within the previous 60
days.
| 16 | | (c) The judge shall inform the defendant that if the | 17 | | defendant fails to meet the conditions
of the Veterans and | 18 | | Servicemembers Court program, eligibility to participate in | 19 | | the program may
be revoked and the defendant may be sentenced | 20 | | or the prosecution continued as provided in the
Unified Code | 21 | | of Corrections for the crime charged.
| 22 | | (d) The defendant shall execute a written agreement with | 23 | | the Court as to his or her
participation in the program and | 24 | | shall agree to all of the terms and conditions of the program,
| 25 | | including but not limited to the possibility of sanctions or | 26 | | incarceration for failing to abide or
comply with the terms of |
| | | 10200HB3850ham001 | - 16 - | LRB102 16552 KMF 23611 a |
|
| 1 | | the program.
| 2 | | (e) In addition to any conditions authorized under the | 3 | | Pretrial Services Act and Section 5-6-3 of the Unified Code of | 4 | | Corrections, the Court may order the defendant to complete | 5 | | substance use
abuse treatment in an outpatient, inpatient, | 6 | | residential, or jail-based custodial treatment program,
order | 7 | | the defendant to complete mental health counseling in an | 8 | | inpatient or outpatient basis,
comply with physicians' | 9 | | recommendation regarding medications and all follow up | 10 | | treatment for any mental health diagnosis made by the | 11 | | provider .
Substance
use treatment programs must be licensed by | 12 | | the State of Illinois
as a Substance Use Prevention and | 13 | | Recovery (SUPR) provider. When
referring participants to | 14 | | mental health treatment programs, the
court shall prioritize | 15 | | providers certified as community mental
health or behavioral | 16 | | health centers as possible. The court shall
prioritize the | 17 | | least restrictive treatment option when ordering
mental health | 18 | | or substance use treatment for participants. The
court may | 19 | | order jail-based custodial treatment if it finds that
| 20 | | jail-based treatment is the least restrictive alternative | 21 | | based on
evidence that efforts were made to locate less | 22 | | restrictive alternatives
to secure confinement and the reasons | 23 | | why efforts were unsuccessful in
locating a less restrictive | 24 | | alternative to jail-based custodial treatment. This treatment | 25 | | may include but is not limited to post-traumatic stress | 26 | | disorder, traumatic brain
injury and depression.
|
| | | 10200HB3850ham001 | - 17 - | LRB102 16552 KMF 23611 a |
|
| 1 | | (e-5) Recognizing that individuals struggling with
mental | 2 | | health, addiction and related co-occurring disorders have
| 3 | | often experienced trauma, veterans and servicemembers court | 4 | | programs
may include specialized service programs specifically | 5 | | designed to
address trauma. These specialized services may be | 6 | | offered to defendants
admitted to the mental health court | 7 | | program. Judicial circuits
establishing these specialized | 8 | | programs shall partner with advocates,
survivors, and service | 9 | | providers in the development of the programs.
Trauma-informed | 10 | | services and programming should be operated in
accordance with | 11 | | best practices outlined by the Substance Abuse
and Mental | 12 | | Health Service Administration's National Center for Trauma
| 13 | | Informed Care (SAMHSA).
| 14 | | (f) The Court may establish a mentorship program that | 15 | | provides access and support to program participants by peer | 16 | | recovery coaches. Courts shall be responsible to administer | 17 | | the mentorship program with the support of volunteer veterans | 18 | | and local veteran service organizations, including a VAC. Peer | 19 | | recovery coaches shall be trained and certified by the Court , | 20 | | a service provider
utilized by the court for substance use or | 21 | | mental health treatment, or
be a recovery support specialist | 22 | | certified by the State of Illinois.
Peer recovery coaches | 23 | | shall be approved by the Court and complete
orientation with | 24 | | the court team prior to being assigned to participants in the | 25 | | program. | 26 | | (Source: P.A. 99-314, eff. 8-7-15; 99-819, eff. 8-15-16.) |
| | | 10200HB3850ham001 | - 18 - | LRB102 16552 KMF 23611 a |
|
| 1 | | (730 ILCS 167/30)
| 2 | | Sec. 30. Mental health and substance use abuse treatment. | 3 | | (a) The Veterans and Servicemembers Court program may | 4 | | maintain a network of
substance use abuse treatment programs | 5 | | representing a continuum of graduated substance use abuse
| 6 | | treatment options commensurate with the needs of defendants; | 7 | | these shall include programs with
the VA, IDVA, a VAC, the | 8 | | State of Illinois and community-based programs supported and | 9 | | sanctioned by
either or both.
| 10 | | (b) Any substance use abuse treatment program to which | 11 | | defendants are referred must be licensed by the State of | 12 | | Illinois
as SUPR providers, meet
all of the rules and | 13 | | governing programs in Parts 2030 and 2060 of Title 77 of the | 14 | | Illinois
Administrative Code.
| 15 | | (c) The Veterans and Servicemembers Court program may, in | 16 | | its discretion, employ
additional services or interventions, | 17 | | as it deems necessary on a case by case basis.
| 18 | | (d) The Veterans and Servicemembers Court program may | 19 | | maintain or collaborate with a
network of mental health | 20 | | treatment programs and, if it is a co-occurring mental health | 21 | | and
substance use abuse court program, a network of substance | 22 | | use abuse treatment programs representing a
continuum of | 23 | | treatment options commensurate with the needs of the defendant | 24 | | and available
resources including programs with the VA, the | 25 | | IDVA, a VAC, and the State of Illinois.
When not utilizing |
| | | 10200HB3850ham001 | - 19 - | LRB102 16552 KMF 23611 a |
|
| 1 | | mental health treatment
or services available through the VA, | 2 | | IDVA or VAC, partnerships
with providers certified as | 3 | | community mental health or behavioral
health centers shall be | 4 | | prioritized 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 | 9 | | including but not limited to the reports
or proffers of proof | 10 | | from 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
|
| | | 10200HB3850ham001 | - 20 - | LRB102 16552 KMF 23611 a |
|
| 1 | | discharge, or supervision hearing. | 2 | | (b) Upon successful completion of the terms and conditions | 3 | | of the program, the Court
may dismiss the original charges | 4 | | against the defendant or successfully terminate the | 5 | | defendant's
sentence or otherwise discharge him or her from | 6 | | any further proceedings against him or her in
the original | 7 | | prosecution.
| 8 | | (c) Upon successful completion of the terms and conditions | 9 | | of
the program, any State's Attorney in the county of | 10 | | conviction may
move to vacate any convictions eligible for | 11 | | sealing under the Criminal
Identification Act. Defendants may | 12 | | immediately file
petitions to expunge vacated convictions and | 13 | | the associated underlying
records per the Criminal | 14 | | Identification Act. In cases where the State's
Attorney moves | 15 | | to vacate a conviction, they may not object to expungement
of | 16 | | that conviction or the underlying record. | 17 | | (d) Veterans and servicemembers court programs may | 18 | | maintain or
collaborate with a network of legal aid | 19 | | organizations that specialize in
conviction relief to support | 20 | | participants 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
| 24 | | Office of the Illinois Courts shall conduct education seminars
| 25 | | for judges throughout the State on how to operate Veterans and
|
| | | 10200HB3850ham001 | - 21 - | LRB102 16552 KMF 23611 a |
|
| 1 | | Servicemembers Court Programs. | 2 | | (730 ILCS 167/45 new) | 3 | | Sec. 45. Education seminars for Veterans and | 4 | | Servicemembers
Court prosecutors. Subject to appropriation, | 5 | | the Office of the
State's Attorneys Appellate Prosecutor shall | 6 | | conduct mandatory
education seminars on the subjects of | 7 | | substance use, addiction,
and mental health, for all Veterans | 8 | | and Servicemembers Court
prosecutors throughout the State. | 9 | | (730 ILCS 167/50 new) | 10 | | Sec. 50. Education seminars for public defenders. Subject | 11 | | to
appropriation, the Office of the State Appellate Defender | 12 | | shall
conduct mandatory education seminars on the subjects of
| 13 | | substance use, addiction, and mental health, for all public
| 14 | | defenders and assistant public defenders practicing in | 15 | | Veterans
and Servicemembers Courts throughout the State. | 16 | | Section 15. The Mental Health Court Treatment Act is | 17 | | amended by changing Sections 5, 10, 20, 25, 30, and 35 and by | 18 | | adding Sections 45, 50, and 55 as follows: | 19 | | (730 ILCS 168/5)
| 20 | | Sec. 5. Purposes. The General Assembly recognizes that a | 21 | | large percentage of criminal defendants have a diagnosable | 22 | | mental illness and that mental illnesses have a dramatic |
| | | 10200HB3850ham001 | - 22 - | LRB102 16552 KMF 23611 a |
|
| 1 | | effect on the criminal justice system in the State of | 2 | | Illinois. The General Assembly also recognizes that mental | 3 | | illness and substance use disorders abuse problems co-occur in | 4 | | a substantial percentage of criminal defendants. There is a | 5 | | critical need for a criminal justice system program that will | 6 | | reduce the number of persons with mental illnesses and with | 7 | | co-occurring mental illness and substance use disorders abuse | 8 | | problems in the criminal justice system, reduce recidivism | 9 | | among persons with mental illness and with co-occurring mental | 10 | | illness and substance use disorders abuse problems , provide | 11 | | appropriate treatment to persons with mental illnesses and | 12 | | co-occurring mental illness and substance use disorders abuse | 13 | | problems and reduce the incidence of crimes committed as a | 14 | | result of mental illnesses or co-occurring mental illness and | 15 | | substance use disorders abuse problems . It is the intent of | 16 | | the General Assembly to create specialized mental health | 17 | | courts with the necessary flexibility to meet the needs | 18 | | problems of criminal defendants with mental illnesses and | 19 | | co-occurring mental illness and substance use disorders abuse | 20 | | problems 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 |
| | | 10200HB3850ham001 | - 23 - | LRB102 16552 KMF 23611 a |
|
| 1 | | mental health treatment of eligible defendants that brings | 2 | | together mental health professionals, local social programs, | 3 | | and intensive judicial monitoring. | 4 | | "Mental health court professional" means a member of the | 5 | | mental health court team, including
but not limited to a | 6 | | judge, prosecutor, defense attorney, probation officer, | 7 | | coordinator, treatment provider, or peer recovery coach. | 8 | | "Pre-adjudicatory mental health court program" means a | 9 | | program that allows the defendant, with the consent of the | 10 | | prosecution, to expedite the defendant's criminal case before | 11 | | conviction or before filing of a criminal case and requires | 12 | | successful completion of the mental health court program as | 13 | | part of the agreement. | 14 | | "Post-adjudicatory mental health court program" means a | 15 | | program in which the defendant has admitted guilt or has been | 16 | | found guilty and agrees, along with the prosecution, to enter | 17 | | a mental health court program as part of the defendant's | 18 | | sentence. | 19 | | "Combination mental health court program" means a mental | 20 | | health court program that
includes a pre-adjudicatory mental | 21 | | health court program and a post-adjudicatory mental health | 22 | | court program. | 23 | | "Co-occurring mental health and substance use abuse court | 24 | | program" means a program that includes persons with | 25 | | co-occurring mental illness and substance use disorders abuse | 26 | | problems . Such programs
shall include professionals with |
| | | 10200HB3850ham001 | - 24 - | LRB102 16552 KMF 23611 a |
|
| 1 | | training and experience in treating persons with substance use | 2 | | disorders abuse problems and mental illness.
| 3 | | "Clinical treatment plan" means an evidence-based,
| 4 | | comprehensive, and individualized plan that defines the scope | 5 | | of
treatment services to be delivered by a treatment provider. | 6 | | "Validated clinical assessment" may include assessment | 7 | | tools
required by public or private insurance. | 8 | | "Peer recovery coach" means a mentor assigned to a | 9 | | defendant
during participation in a drug treatment court | 10 | | program who has been
trained and certified by the court to | 11 | | guide and mentor the participant
to successfully complete the | 12 | | assigned requirements. Peer recovery
coaches should be | 13 | | individuals with lived experience and work to
help facilitate | 14 | | participants' independence for continued success
once the | 15 | | supports 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 | 20 | | the nature of the crime convicted of and in consideration of | 21 | | his or her criminal background, if any, may be admitted into a | 22 | | mental health court program only upon the agreement of the | 23 | | defendant and with the approval of the court. | 24 | | (b) A defendant shall be excluded from a mental health | 25 | | court program if any one of the following applies: |
| | | 10200HB3850ham001 | - 25 - | LRB102 16552 KMF 23611 a |
|
| 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 | 23 | | 11-14 of the Criminal Code of 2012 may be admitted into a | 24 | | mental health court program, if available in the jurisdiction | 25 | | and provided that the requirements in subsections (a) and (b) | 26 | | are satisfied. Mental health court programs may include |
| | | 10200HB3850ham001 | - 26 - | LRB102 16552 KMF 23611 a |
|
| 1 | | specialized service programs specifically designed to address | 2 | | the trauma associated with prostitution and human trafficking, | 3 | | and may offer those specialized services to defendants | 4 | | admitted to the mental health court program. Judicial circuits | 5 | | establishing these specialized programs shall partner with | 6 | | prostitution and human trafficking advocates, survivors, and | 7 | | service 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 | 12 | | an assessment of the defendant. The assessment shall include a
| 13 | | validated clinical assessment. The clinical assessment shall | 14 | | include,
but not be limited to, assessments of substance use, | 15 | | mental and
behavioral health needs. The clinical assessment | 16 | | shall be administered
by a qualified clinician and used to | 17 | | inform any clinical treatment plans.
Clinical treatment plans | 18 | | shall be developed, in part, upon the known
availability of | 19 | | treatment resources available. An assessment need not be | 20 | | ordered if the court finds a valid assessment related to the | 21 | | present charge pending against the defendant has been | 22 | | completed within the previous 60 days. | 23 | | (b) The judge shall inform the defendant that if the | 24 | | defendant fails to meet the requirements of the mental health | 25 | | court program, eligibility to participate in the program may |
| | | 10200HB3850ham001 | - 27 - | LRB102 16552 KMF 23611 a |
|
| 1 | | be revoked and the defendant may be sentenced or the | 2 | | prosecution continued, as provided in the Unified Code of | 3 | | Corrections, for the crime charged. | 4 | | (c) The defendant shall execute a written agreement as to | 5 | | his or her participation in the program and shall agree to all | 6 | | of the terms and conditions of the program, including but not | 7 | | limited to the possibility of sanctions or incarceration for | 8 | | failing to abide or comply with the terms of the program. | 9 | | (d) In addition to any conditions authorized under the | 10 | | Pretrial Services Act and Section 5-6-3 of the Unified Code of | 11 | | Corrections, the court may order the defendant to complete | 12 | | mental health or substance use abuse treatment in an | 13 | | outpatient, inpatient, residential, or jail-based custodial | 14 | | treatment program , order the defendant to
complete mental | 15 | | health counseling in an inpatient or outpatient basis,
comply | 16 | | with physicians' recommendation regarding medications and all
| 17 | | follow up treatment for any mental health diagnosis made by | 18 | | the provider.
Substance abuse treatment programs must be | 19 | | licensed by the State of
Illinois as a Substance Use | 20 | | Prevention and Recovery (SUPR) provider. When referring | 21 | | participants to mental health treatment
programs, the court | 22 | | shall prioritize providers certified as community
mental | 23 | | health or behavioral health centers as possible. The court | 24 | | shall
prioritize the least restrictive treatment option when | 25 | | ordering
mental health or substance use treatment for | 26 | | participants. The
court may order jail-based custodial |
| | | 10200HB3850ham001 | - 28 - | LRB102 16552 KMF 23611 a |
|
| 1 | | treatment if it finds that
jail-based treatment is the least | 2 | | restrictive alternative based on
evidence that efforts were | 3 | | made to locate less restrictive alternatives
to secure | 4 | | confinement and the reasons why efforts were unsuccessful in
| 5 | | locating a less restrictive alternative to jail-based | 6 | | custodial treatment . Any period of time a defendant shall | 7 | | serve in a jail-based treatment program may not be reduced by | 8 | | the accumulation of good time or other credits and may be for a | 9 | | period of up to 120 days. | 10 | | (e) The mental health court program may include a regimen | 11 | | of graduated requirements and rewards and sanctions, including | 12 | | but not limited to: fines, fees, costs, restitution, | 13 | | incarceration of up to 180 days, individual and group therapy, | 14 | | medication, drug analysis testing, close monitoring by the | 15 | | court and supervision of progress, educational or vocational | 16 | | counseling as appropriate and other requirements necessary to | 17 | | fulfill the mental health court program.
| 18 | | (f) The Mental Health Court program may maintain or | 19 | | collaborate
with a network of mental health treatment programs | 20 | | and, if it is
a co-occurring mental health and substance use | 21 | | court program,
a network of substance use treatment programs | 22 | | representing a
continuum of treatment options commensurate | 23 | | with the needs of the
defendant and available resources | 24 | | including programs with the State
of Illinois. | 25 | | (g) Recognizing that individuals struggling with
mental | 26 | | health, addiction and related co-occurring disorders have
|
| | | 10200HB3850ham001 | - 29 - | LRB102 16552 KMF 23611 a |
|
| 1 | | often experienced trauma, mental health court programs may | 2 | | include
specialized service programs specifically designed to | 3 | | address trauma.
These specialized services may be offered to | 4 | | defendants admitted to
the mental health court program. | 5 | | Judicial circuits establishing these
specialized programs | 6 | | shall partner with service providers in the
development of the | 7 | | programs. Trauma-informed services and programming
should be | 8 | | operated in Accordance with best practices outlined by the
| 9 | | Substance Abuse and Mental Health Service Administration's | 10 | | National
Center for Trauma Informed Care (SAMHSA). | 11 | | (h) The Court may establish a mentorship program that
| 12 | | provides access and support to program participants by peer
| 13 | | recovery coaches. Courts shall be responsible to administer | 14 | | the
mentorship program with the support of mentors and local | 15 | | mental
health and SUPR licensed substance use treatment | 16 | | organizations.
Peer recovery coaches shall be trained and | 17 | | licensed by the court,
a service provider utilized by the | 18 | | court for substance use or mental
health treatment, or be a | 19 | | recovery support specialist certified by the
State of | 20 | | Illinois. Peer recovery coaches shall be approved by the Court
| 21 | | and complete orientation with the court team prior to being | 22 | | assigned 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. |
| | | 10200HB3850ham001 | - 30 - | LRB102 16552 KMF 23611 a |
|
| 1 | | (a) The mental health court program may maintain or | 2 | | collaborate with a network of mental
health treatment programs | 3 | | and, if it is a co-occurring mental health and substance use | 4 | | abuse court program, a network of substance use abuse | 5 | | treatment programs representing a continuum of treatment | 6 | | options commensurate with the needs of defendants and | 7 | | available resources. | 8 | | (b) Any substance use abuse treatment program to which | 9 | | defendants are referred must be licensed by the State of | 10 | | Illinois
as SUPR providers and meet all of the rules and | 11 | | governing programs in Parts 2030 and 2060 of Title 77 of the | 12 | | Illinois Administrative Code. | 13 | | (c) The mental health court program may, at its | 14 | | discretion, employ additional services or interventions, as it | 15 | | deems 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, | 20 | | including but not limited to the reports or proffers of proof | 21 | | from 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; |
| | | 10200HB3850ham001 | - 31 - | LRB102 16552 KMF 23611 a |
|
| 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;
| 6 | | the court may impose reasonable sanctions under prior written | 7 | | agreement of the defendant, including but not limited to | 8 | | imprisonment or dismissal of the defendant from the program; | 9 | | and the court may reinstate criminal proceedings against him | 10 | | or her or proceed under Section 5-6-4 of the Unified Code of | 11 | | Corrections for a violation of probation, conditional | 12 | | discharge, or supervision hearing.
No defendant may be | 13 | | dismissed from the program unless, prior to such dismissal, | 14 | | the defendant is informed in writing: (i) of the reason or | 15 | | reasons for the dismissal; (ii) the evidentiary basis | 16 | | supporting the reason or reasons for the dismissal; (iii) that | 17 | | the defendant has a right to a hearing at
which he or she may | 18 | | present evidence supporting his or her continuation in the | 19 | | program. Based upon the evidence presented, the court shall | 20 | | determine whether the defendant has violated the conditions of | 21 | | the program and whether the defendant should be dismissed from | 22 | | the program or whether some other alternative may be | 23 | | appropriate in the interests of the defendant and the public. | 24 | | (b) Upon successful completion of the terms and conditions | 25 | | of the program, the court may dismiss the original charges | 26 | | against the defendant or successfully terminate the |
| | | 10200HB3850ham001 | - 32 - | LRB102 16552 KMF 23611 a |
|
| 1 | | defendant's sentence or otherwise discharge him or her from | 2 | | the program or from any further proceedings against him or her | 3 | | in the original prosecution.
| 4 | | (c) Upon successful completion of the terms and conditions | 5 | | of
the program, any State's Attorney in the county of | 6 | | conviction may move
to vacate any convictions eligible for | 7 | | sealing under the Criminal
Identification Act. Defendants may | 8 | | immediately file
petitions to expunge vacated convictions and | 9 | | the associated underlying
records per the Criminal | 10 | | Identification Act. In cases where the State's
Attorney moves | 11 | | to vacate a conviction, they may not object to expungement
of | 12 | | that conviction or the underlying record. | 13 | | (d) The mental health court program may maintain or | 14 | | collaborate
with a network of legal aid organizations that | 15 | | specialize in conviction
relief to support participants | 16 | | navigating 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
| 20 | | Office of the Illinois Courts shall conduct education seminars
| 21 | | for judges throughout the State on how to operate Mental | 22 | | Health
Court programs. | 23 | | (730 ILCS 168/50 new) | 24 | | Sec. 50. Education seminars for Mental Health Court |
| | | 10200HB3850ham001 | - 33 - | LRB102 16552 KMF 23611 a |
|
| 1 | | prosecutors. Subject to appropriation, the Office of the | 2 | | State's Attorneys Appellate
Prosecutor shall conduct mandatory | 3 | | education seminars on the subjects of
substance use, addiction | 4 | | and mental health, for all prosecutors
serving in Mental | 5 | | Health courts throughout the State. | 6 | | (730 ILCS 168/55 new) | 7 | | Sec. 55. Education seminars for public defenders. Subject | 8 | | to
appropriation, the Office of the State Appellate Defender | 9 | | shall
conduct mandatory education seminars on the subjects of | 10 | | substance use,
addiction, and mental health, for all public | 11 | | defenders and assistant public
defenders practicing in Mental | 12 | | Health courts throughout the State. ".
|
|