Full Text of HB3850 102nd General Assembly
HB3850ham002 102ND GENERAL ASSEMBLY | Rep. Lindsey LaPointe Filed: 3/22/2021
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| 1 | | AMENDMENT TO HOUSE BILL 3850
| 2 | | AMENDMENT NO. ______. Amend House Bill 3850 by replacing | 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 |
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| 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 |
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| 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 by the court, a service provider | 23 | | utilized by
the court for substance use or mental health | 24 | | treatment, or be a
recovery support specialist certified by | 25 | | the State of Illinois.
Peer recovery coaches should be | 26 | | individuals with lived experience
and shall guide and mentor |
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| 1 | | the participant to successfully complete
the assigned | 2 | | requirements and work to help facilitate participants'
| 3 | | independence for continued success once the supports of the | 4 | | court are
no longer available to them. | 5 | | (Source: P.A. 97-946, eff. 8-13-12.)
| 6 | | (730 ILCS 166/25)
| 7 | | Sec. 25. Procedure.
| 8 | | (a) The court shall order an eligibility screening and an | 9 | | assessment of the
defendant by an agent designated by the | 10 | | State of Illinois to provide assessment
services for the | 11 | | Illinois Courts. The assessment shall include a validated | 12 | | clinical assessment.
The clinical assessment shall include, | 13 | | but not be limited to,
assessments of substance use, mental | 14 | | and behavioral health needs.
The clinical assessment shall be | 15 | | administered by a qualified clinician
and used to inform any | 16 | | clinical treatment plans. Clinical treatment
plans shall be | 17 | | developed, in part, upon the known availability of
treatment | 18 | | resources available. An assessment need not be ordered if the
| 19 | | court finds a valid assessment related to the present charge | 20 | | pending against
the defendant has been completed within the | 21 | | previous 60 days.
| 22 | | (b) The judge shall inform the defendant that if the | 23 | | defendant fails to
meet the conditions of the drug court | 24 | | program, eligibility to participate in
the
program may be | 25 | | revoked and the defendant may be sentenced or the prosecution
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| 1 | | continued as provided in
the
Unified Code of Corrections for | 2 | | the crime charged.
| 3 | | (c) The defendant shall execute a written agreement as to | 4 | | his or her
participation in the program and shall agree to all | 5 | | of the terms and conditions
of the program, including but not | 6 | | limited to the possibility of sanctions or
incarceration for | 7 | | failing to abide or comply with the terms of the program.
| 8 | | (d) In addition to any conditions authorized under the | 9 | | Pretrial Services
Act and Section 5-6-3 of the Unified Code of | 10 | | Corrections, the court may order
the defendant to complete | 11 | | substance use abuse treatment in an outpatient,
inpatient,
| 12 | | residential, or jail-based custodial treatment program , order | 13 | | the defendant to
complete mental health counseling in an | 14 | | inpatient or outpatient basis,
comply with physicians' | 15 | | recommendation regarding medications and all
follow up | 16 | | treatment for any mental health diagnosis made by the | 17 | | provider.
Substance use treatment programs must be licensed by | 18 | | the State of
Illinois as a Substance Use Prevention and | 19 | | Recovery (SUPR) provider and utilize evidence-based treatment. | 20 | | When referring participants to mental health treatment
| 21 | | programs, the court shall prioritize providers certified as | 22 | | community
mental health or behavioral health centers as | 23 | | possible. The court shall
prioritize the least restrictive | 24 | | treatment option when ordering
mental health or substance use | 25 | | treatment for participants. The
court may order jail-based | 26 | | custodial treatment if it finds that
jail-based treatment is |
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| 1 | | the least restrictive alternative based on
evidence that | 2 | | efforts were made to locate less restrictive alternatives
to | 3 | | secure confinement and the reasons why efforts were | 4 | | unsuccessful in
locating a less restrictive alternative to | 5 | | jail-based custodial treatment . Any period of time a
defendant | 6 | | shall serve in a jail-based treatment program may not be | 7 | | reduced by
the accumulation of good time or other credits and | 8 | | may be for a period of up to
120 days.
| 9 | | (e) The drug court program shall include a regimen of | 10 | | graduated
requirements and rewards and sanctions, including | 11 | | but not limited to: fines,
fees, costs, restitution, | 12 | | incarceration of up to 180 days, individual and group
therapy, | 13 | | drug
analysis testing, close monitoring by the court at a | 14 | | minimum of once every 30
days
and supervision of progress, | 15 | | educational or vocational counseling as
appropriate, and other
| 16 | | requirements necessary to fulfill the drug court program. If | 17 | | the defendant needs treatment for opioid use abuse or | 18 | | dependence, the court may not prohibit the defendant from | 19 | | participating in and
receiving medication assisted treatment | 20 | | under the care of
a physician licensed in this State to | 21 | | practice medicine in all
of its branches. Drug court | 22 | | participants may not be required to refrain from using | 23 | | medication assisted treatment as a term or condition of | 24 | | successful completion of the drug court program. | 25 | | (f) Recognizing that individuals struggling with mental
| 26 | | health, addiction, and related co-occurring disorders have |
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| 1 | | often
experienced trauma, drug court programs may include | 2 | | specialized
service programs specifically designed to address | 3 | | trauma. These
specialized services may be offered to | 4 | | defendants admitted to the
drug court program. Judicial | 5 | | circuits establishing these specialized
programs shall partner | 6 | | with advocates, survivors, and service providers
in the | 7 | | development of the programs. Trauma-informed services and
| 8 | | programming should be operated in accordance with best | 9 | | practices
outlined by the Substance Abuse and Mental Health | 10 | | Service
Administration's National Center for Trauma Informed | 11 | | Care (SAMHSA). | 12 | | (g) The Court may establish a mentorship program that
| 13 | | provides access and support to program participants by peer
| 14 | | recovery coaches. Courts shall be responsible to administer | 15 | | the
mentorship program with the support of mentors and local | 16 | | mental
health and substance use treatment organizations. Peer | 17 | | recovery
coaches shall be trained by the court, a service | 18 | | provider
utilized by the court for substance use or mental | 19 | | health treatment, or
be a recovery support specialist | 20 | | certified by the State of Illinois.
Peer recovery coaches | 21 | | shall be approved by the Court and complete
orientation with | 22 | | the court team prior to being assigned to participants
in the | 23 | | program.
| 24 | | (Source: P.A. 99-554, eff. 1-1-17 .)
| 25 | | (730 ILCS 166/30)
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| 1 | | Sec. 30. Mental health and substance use Substance abuse | 2 | | treatment.
| 3 | | (a) The drug court program shall maintain a network of | 4 | | substance use abuse
treatment programs representing a | 5 | | continuum of graduated substance use abuse
treatment options | 6 | | commensurate with the needs of defendants.
| 7 | | (b) Any substance use abuse treatment program to which | 8 | | defendants are referred
must be licensed by the State of | 9 | | Illinois
as SUPR providers and utilize evidence-based | 10 | | treatment, meet all of the rules and governing programs in
| 11 | | Parts 2030 and 2060 of Title 77 of the Illinois Administrative | 12 | | Code.
| 13 | | (c) The drug court program may, at its discretion, employ | 14 | | additional
services or
interventions, as it deems necessary on | 15 | | a case by case basis. | 16 | | (d) The drug court program may maintain or collaborate | 17 | | with
a network of mental health treatment programs | 18 | | representing a
continuum of treatment options commensurate | 19 | | with the needs of the
defendant and available resources | 20 | | including programs with the State
of Illinois and | 21 | | community-based programs supported and sanctioned by
the State | 22 | | of Illinois. Partnerships with providers certified as | 23 | | community
mental health or behavioral health centers shall be | 24 | | prioritized when
possible.
| 25 | | (Source: P.A. 92-58, eff. 1-1-02.)
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| 1 | | (730 ILCS 166/35)
| 2 | | Sec. 35. Violation; termination; discharge.
| 3 | | (a) If the court finds from the evidence presented | 4 | | including but not limited
to the reports or
proffers of proof | 5 | | from the drug court professionals that:
| 6 | | (1) the defendant is not performing
satisfactorily
in | 7 | | the assigned program;
| 8 | | (2) the defendant is not benefitting from education,
| 9 | | treatment, or rehabilitation;
| 10 | | (3) the defendant has engaged in criminal
conduct
| 11 | | rendering him or her unsuitable for the program; or
| 12 | | (4) the defendant has
otherwise
violated the terms and | 13 | | conditions of the program or his or her sentence or is
for | 14 | | any reason unable to participate;
| 15 | | the court may impose reasonable sanctions
under prior written | 16 | | agreement of the defendant, including but not limited to
| 17 | | imprisonment or dismissal of the defendant from the program | 18 | | and the court may
reinstate
criminal proceedings against him | 19 | | or her or proceed under Section 5-6-4 of the
Unified Code of | 20 | | Corrections for a violation of probation,
conditional | 21 | | discharge,
or supervision hearing. | 22 | | (a-5) A defendant who is assigned to a substance use abuse | 23 | | treatment program under this Act for opioid use abuse or | 24 | | dependence is not in violation of the terms or conditions of | 25 | | the program on the basis of his or her participation in | 26 | | medication assisted treatment under the care of a physician |
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| 1 | | licensed in this State to practice medicine in all of its | 2 | | branches.
| 3 | | (b) Upon successful completion of the terms and conditions | 4 | | of the program,
the
court may dismiss the original charges | 5 | | against the defendant or successfully
terminate the | 6 | | defendant's sentence or otherwise discharge him or her from | 7 | | any
further proceedings against the defendant him or her in | 8 | | the original prosecution. | 9 | | (c) Upon successful completion of the terms and conditions
| 10 | | of the program, any State's Attorney in the county of | 11 | | conviction
may move to vacate convictions held by the | 12 | | defendant that are
eligible for sealing under the Criminal | 13 | | Identification Act. Participants may immediately file | 14 | | petitions to
expunge vacated convictions and the associated | 15 | | underlying records
per the Criminal Identification Act. In | 16 | | cases where the State's
Attorney moves to vacate a conviction, | 17 | | they may not object to expungement
of that conviction or the | 18 | | underlying record. | 19 | | (d) The drug court program may maintain or collaborate | 20 | | with
a network of legal aid organizations that specialize in | 21 | | conviction
relief to support participants navigating the | 22 | | expungement and sealing
process.
| 23 | | (Source: P.A. 99-554, eff. 1-1-17 .)
| 24 | | (730 ILCS 166/45) | 25 | | Sec. 45. Education seminars for drug court prosecutors. |
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| 1 | | Subject to appropriation, the Office of the State's Attorneys | 2 | | Appellate Prosecutor shall conduct mandatory education | 3 | | seminars on the subjects of substance use disorder abuse and | 4 | | addiction for all drug court prosecutors throughout the State.
| 5 | | (Source: P.A. 99-480, eff. 9-9-15.) | 6 | | (730 ILCS 166/50) | 7 | | Sec. 50. 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 disorder abuse and addiction for all public | 11 | | defenders and assistant public defenders practicing in drug | 12 | | courts throughout the State.
| 13 | | (Source: P.A. 99-480, eff. 9-9-15.) | 14 | | Section 10. The Veterans and Servicemembers Court
| 15 | | Treatment Act is amended by changing Sections 5, 10, 20, 25, | 16 | | 30, and 35 and by adding Sections 40, 45, and 50 as follows: | 17 | | (730 ILCS 167/5)
| 18 | | Sec. 5. Purposes. The General Assembly recognizes that | 19 | | veterans and active, Reserve
and National Guard servicemembers | 20 | | have provided or are currently providing an invaluable
service | 21 | | to our country. In so doing, some may suffer the effects of, | 22 | | including but not limited to,
post traumatic stress disorder, | 23 | | traumatic brain injury, depression and may also suffer drug |
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| 1 | | and
alcohol dependency or addiction and co-occurring mental | 2 | | illness and substance use disorders abuse problems .
As a | 3 | | result of this, some veterans or active duty servicemembers | 4 | | come into contact with the
criminal justice system and are | 5 | | charged with felony or misdemeanor offenses. There is a | 6 | | critical
need for the criminal justice system to recognize | 7 | | these veterans, provide accountability for their
wrongdoing, | 8 | | provide for the safety of the public and provide for the | 9 | | treatment of our veterans. It
is the intent of the General | 10 | | Assembly to create specialized veteran and servicemember | 11 | | courts or
programs with the necessary flexibility to meet the | 12 | | specialized needs problems faced by these veteran
and | 13 | | servicemember defendants.
| 14 | | (Source: P.A. 96-924, eff. 6-14-10.) | 15 | | (730 ILCS 167/10)
| 16 | | Sec. 10. Definitions. In this Act: | 17 | | "Combination Veterans and Servicemembers Court program" | 18 | | means a court program that
includes a pre-adjudicatory and a | 19 | | post-adjudicatory Veterans and Servicemembers court
program.
| 20 | | "Court" means Veterans and Servicemembers Court. | 21 | | "IDVA" means the Illinois Department of Veterans' Affairs. | 22 | | "Peer recovery coach" means a volunteer veteran mentor | 23 | | assigned to a veteran or servicemember during participation in | 24 | | a veteran treatment court program who has been trained and | 25 | | certified by the court , a service provider utilized by the |
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| 1 | | court for substance
use or mental health treatment, or be a | 2 | | recovery support specialist
certified by the State of | 3 | | Illinois. Peer recovery coaches should be
individuals with | 4 | | lived experience and shall to guide and mentor the participant | 5 | | to successfully complete the assigned requirements and
work to | 6 | | help facilitate participants' independence for continued
| 7 | | success once the supports of the court are no longer available | 8 | | to them . | 9 | | "Post-adjudicatory Veterans and Servicemembers Court | 10 | | Program" means a program in
which the defendant has admitted | 11 | | guilt or has been found guilty and agrees, along with the
| 12 | | prosecution, to enter a Veterans and Servicemembers Court | 13 | | program as part of the defendant's
sentence.
| 14 | | "Pre-adjudicatory Veterans and Servicemembers Court | 15 | | Program" means a program that
allows the defendant with the | 16 | | consent of the prosecution, to expedite the defendant's | 17 | | criminal
case before conviction or before filing of a criminal | 18 | | case and requires successful completion of
the Veterans and | 19 | | Servicemembers Court programs as part of the agreement.
| 20 | | "Servicemember" means a person who is currently serving in | 21 | | the Army, Air Force,
Marines, Navy, or Coast Guard on active | 22 | | duty, reserve status or in the National Guard.
| 23 | | "VA" means the United States Department of Veterans' | 24 | | Affairs. | 25 | | "VAC" means a veterans assistance commission. | 26 | | "Veteran" means a person who served in the active |
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| 1 | | military, naval, or air service and who
was discharged or | 2 | | released therefrom under conditions other than dishonorable.
| 3 | | "Veterans and Servicemembers Court professional" means a | 4 | | member of the Veterans and
Servicemembers Court team, | 5 | | including but not limited to a judge, prosecutor, defense
| 6 | | attorney, probation officer, coordinator, treatment provider, | 7 | | or peer recovery coach.
| 8 | | "Veterans and Servicemembers Court" means a court or | 9 | | program with an immediate and
highly structured judicial | 10 | | intervention process for substance use abuse treatment, mental | 11 | | health, or
other assessed treatment needs of eligible veteran | 12 | | and servicemember defendants that brings
together substance | 13 | | use abuse professionals, mental health professionals, VA | 14 | | professionals, local
social programs and intensive judicial | 15 | | monitoring in accordance with the nationally
recommended 10 | 16 | | key components of drug courts.
| 17 | | "Clinical treatment plan" means an evidence-based,
| 18 | | comprehensive, and individualized plan that defines the scope | 19 | | of
treatment services to be delivered by a treatment provider. | 20 | | "Validated clinical assessment" may include assessment | 21 | | tools
required by public or private insurance. | 22 | | (Source: P.A. 99-314, eff. 8-7-15; 99-819, eff. 8-15-16.) | 23 | | (730 ILCS 167/25)
| 24 | | Sec. 25. Procedure. | 25 | | (a) The Court shall order the defendant to submit to an |
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| 1 | | eligibility screening and an
assessment through the VA, VAC, | 2 | | and/or the IDVA to provide information on the defendant's | 3 | | veteran
or servicemember status.
| 4 | | (b) The Court shall order the defendant to submit to an | 5 | | eligibility screening and mental
health and drug/alcohol | 6 | | screening and assessment of the defendant by the VA, VAC, or by | 7 | | the IDVA to
provide assessment services for Illinois Courts. | 8 | | The assessment shall include a validated clinical assessment.
| 9 | | The clinical assessment shall include, but not be limited to,
| 10 | | assessments of substance use, mental and behavioral health | 11 | | needs.
The clinical assessment shall be administered by a | 12 | | qualified clinician
and used to inform any clinical treatment | 13 | | plans. Clinical treatment
plans shall be developed risks
| 14 | | assessment and be based , in part, upon the known availability | 15 | | of treatment resources available to
the Veterans and | 16 | | Servicemembers Court. The assessment shall also include | 17 | | recommendations
for treatment of the conditions which are | 18 | | indicating a need for treatment under the monitoring
of the | 19 | | Court and be reflective of a level of risk assessed for the | 20 | | individual seeking admission. An
assessment need not be | 21 | | ordered if the Court finds a valid screening and/or assessment | 22 | | related to
the present charge pending against the defendant | 23 | | has been completed within the previous 60
days.
| 24 | | (c) The judge shall inform the defendant that if the | 25 | | defendant fails to meet the conditions
of the Veterans and | 26 | | Servicemembers Court program, eligibility to participate in |
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| 1 | | the program may
be revoked and the defendant may be sentenced | 2 | | or the prosecution continued as provided in the
Unified Code | 3 | | of Corrections for the crime charged.
| 4 | | (d) The defendant shall execute a written agreement with | 5 | | the Court as to his or her
participation in the program and | 6 | | shall agree to all of the terms and conditions of the program,
| 7 | | including but not limited to the possibility of sanctions or | 8 | | incarceration for failing to abide or
comply with the terms of | 9 | | the program.
| 10 | | (e) In addition to any conditions authorized under the | 11 | | Pretrial Services Act and Section 5-6-3 of the Unified Code of | 12 | | Corrections, the Court may order the defendant to complete | 13 | | substance use
abuse treatment in an outpatient, inpatient, | 14 | | residential, or jail-based custodial treatment program,
order | 15 | | the defendant to complete mental health counseling in an | 16 | | inpatient or outpatient basis,
comply with physicians' | 17 | | recommendation regarding medications and all follow up | 18 | | treatment for any mental health diagnosis made by the | 19 | | provider .
Substance
use treatment programs must be licensed by | 20 | | the State of Illinois
as a Substance Use Prevention and | 21 | | Recovery (SUPR) provider and
utilize evidence-based treatment. | 22 | | When
referring participants to mental health treatment | 23 | | programs, the
court shall prioritize providers certified as | 24 | | community mental
health or behavioral health centers as | 25 | | possible. The court shall
prioritize the least restrictive | 26 | | treatment option when ordering
mental health or substance use |
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| 1 | | treatment for participants. The
court may order jail-based | 2 | | custodial treatment if it finds that
jail-based treatment is | 3 | | the least restrictive alternative based on
evidence that | 4 | | efforts were made to locate less restrictive alternatives
to | 5 | | secure confinement and the reasons why efforts were | 6 | | unsuccessful in
locating a less restrictive alternative to | 7 | | jail-based custodial treatment. This treatment may include but | 8 | | is not limited to post-traumatic stress disorder, traumatic | 9 | | brain
injury and depression.
| 10 | | (e-5) Recognizing that individuals struggling with
mental | 11 | | health, addiction and related co-occurring disorders have
| 12 | | often experienced trauma, veterans and servicemembers court | 13 | | programs
may include specialized service programs specifically | 14 | | designed to
address trauma. These specialized services may be | 15 | | offered to defendants
admitted to the mental health court | 16 | | program. Judicial circuits
establishing these specialized | 17 | | programs shall partner with advocates,
survivors, and service | 18 | | providers in the development of the programs.
Trauma-informed | 19 | | services and programming should be operated in
accordance with | 20 | | best practices outlined by the Substance Abuse
and Mental | 21 | | Health Service Administration's National Center for Trauma
| 22 | | Informed Care (SAMHSA).
| 23 | | (f) The Court may establish a mentorship program that | 24 | | provides access and support to program participants by peer | 25 | | recovery coaches. Courts shall be responsible to administer | 26 | | the mentorship program with the support of volunteer veterans |
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| 1 | | and local veteran service organizations, including a VAC. Peer | 2 | | recovery coaches shall be trained and certified by the Court , | 3 | | a service provider
utilized by the court for substance use or | 4 | | mental health treatment, or
be a recovery support specialist | 5 | | certified by the State of Illinois.
Peer recovery coaches | 6 | | shall be approved by the Court and complete
orientation with | 7 | | the court team prior to being assigned to participants in the | 8 | | program. | 9 | | (Source: P.A. 99-314, eff. 8-7-15; 99-819, eff. 8-15-16.) | 10 | | (730 ILCS 167/30)
| 11 | | Sec. 30. Mental health and substance use abuse treatment. | 12 | | (a) The Veterans and Servicemembers Court program may | 13 | | maintain a network of
substance use abuse treatment programs | 14 | | representing a continuum of graduated substance use abuse
| 15 | | treatment options commensurate with the needs of defendants; | 16 | | these shall include programs with
the VA, IDVA, a VAC, the | 17 | | State of Illinois and community-based programs supported and | 18 | | sanctioned by
either or both.
| 19 | | (b) Any substance use abuse treatment program to which | 20 | | defendants are referred must be licensed by the State of | 21 | | Illinois
as SUPR providers and utilize best practices, | 22 | | recognized by the
Substance Abuse and Mental Health Services | 23 | | Administration or
other equivalent state or federal agencies, | 24 | | meet
all of the rules and governing programs in Parts 2030 and | 25 | | 2060 of Title 77 of the Illinois
Administrative Code.
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| 1 | | (c) The Veterans and Servicemembers Court program may, in | 2 | | its discretion, employ
additional services or interventions, | 3 | | as it deems necessary on a case by case basis.
| 4 | | (d) The Veterans and Servicemembers Court program may | 5 | | maintain or collaborate with a
network of mental health | 6 | | treatment programs and, if it is a co-occurring mental health | 7 | | and
substance use abuse court program, a network of substance | 8 | | use abuse treatment programs representing a
continuum of | 9 | | treatment options commensurate with the needs of the defendant | 10 | | and available
resources including programs with the VA, the | 11 | | IDVA, a VAC, and the State of Illinois.
When not utilizing | 12 | | mental health treatment
or services available through the VA, | 13 | | IDVA or VAC, partnerships
with providers certified as | 14 | | community mental health or behavioral
health centers shall be | 15 | | prioritized as possible.
| 16 | | (Source: P.A. 99-819, eff. 8-15-16.) | 17 | | (730 ILCS 167/35)
| 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 Veterans and Servicemembers Court professionals that:
| 22 | | (1) the defendant is not performing satisfactorily in | 23 | | the assigned program; | 24 | | (2) the defendant is not benefitting from education, | 25 | | treatment, or rehabilitation; |
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| 1 | | (3) the defendant has engaged in criminal conduct | 2 | | rendering him or her
unsuitable for the program; or
| 3 | | (4) the defendant has otherwise violated the terms and | 4 | | conditions of the program
or his or her sentence or is for | 5 | | any reason unable to participate; the Court may impose | 6 | | reasonable sanctions under prior written agreement of the
| 7 | | defendant, including but not limited to imprisonment or | 8 | | dismissal of the defendant from the
program and the Court | 9 | | may reinstate criminal proceedings against him or her or | 10 | | proceed under
Section 5-6-4 of the Unified Code of | 11 | | Corrections for a violation of probation, conditional
| 12 | | discharge, or supervision hearing. | 13 | | (b) Upon successful completion of the terms and conditions | 14 | | of the program, the Court
may dismiss the original charges | 15 | | against the defendant or successfully terminate the | 16 | | defendant's
sentence or otherwise discharge him or her from | 17 | | any further proceedings against him or her in
the original | 18 | | prosecution.
| 19 | | (c) Upon successful completion of the terms and conditions | 20 | | of
the program, any State's Attorney in the county of | 21 | | conviction may
move to vacate any convictions eligible for | 22 | | sealing under the Criminal
Identification Act. Defendants may | 23 | | immediately file
petitions to expunge vacated convictions and | 24 | | the associated underlying
records per the Criminal | 25 | | Identification Act. In cases where the State's
Attorney moves | 26 | | to vacate a conviction, they may not object to expungement
of |
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| 1 | | that conviction or the underlying record. | 2 | | (d) Veterans and servicemembers court programs may | 3 | | maintain or
collaborate with a network of legal aid | 4 | | organizations that specialize in
conviction relief to support | 5 | | participants navigating the expungement
and sealing process.
| 6 | | (Source: P.A. 96-924, eff. 6-14-10.) | 7 | | (730 ILCS 167/40 new) | 8 | | Sec. 40. Education seminars for judges. The Administrative
| 9 | | Office of the Illinois Courts shall conduct education seminars
| 10 | | for judges throughout the State on how to operate Veterans and
| 11 | | Servicemembers Court Programs. | 12 | | (730 ILCS 167/45 new) | 13 | | Sec. 45. Education seminars for Veterans and | 14 | | Servicemembers
Court prosecutors. Subject to appropriation, | 15 | | the Office of the
State's Attorneys Appellate Prosecutor shall | 16 | | conduct mandatory
education seminars on the subjects of | 17 | | substance use, addiction,
and mental health, for all Veterans | 18 | | and Servicemembers Court
prosecutors throughout the State. | 19 | | (730 ILCS 167/50 new) | 20 | | Sec. 50. Education seminars for public defenders. Subject | 21 | | to
appropriation, the Office of the State Appellate Defender | 22 | | shall
conduct mandatory education seminars on the subjects of
| 23 | | substance use, addiction, and mental health, for all public
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| 1 | | defenders and assistant public defenders practicing in | 2 | | Veterans
and Servicemembers Courts throughout the State. | 3 | | Section 15. The Mental Health Court Treatment Act is | 4 | | amended by changing Sections 5, 10, 20, 25, 30, and 35 and by | 5 | | adding Sections 45, 50, and 55 as follows: | 6 | | (730 ILCS 168/5)
| 7 | | Sec. 5. Purposes. The General Assembly recognizes that a | 8 | | large percentage of criminal defendants have a diagnosable | 9 | | mental illness and that mental illnesses have a dramatic | 10 | | effect on the criminal justice system in the State of | 11 | | Illinois. The General Assembly also recognizes that mental | 12 | | illness and substance use disorders abuse problems co-occur in | 13 | | a substantial percentage of criminal defendants. There is a | 14 | | critical need for a criminal justice system program that will | 15 | | reduce the number of persons with mental illnesses and with | 16 | | co-occurring mental illness and substance use disorders abuse | 17 | | problems in the criminal justice system, reduce recidivism | 18 | | among persons with mental illness and with co-occurring mental | 19 | | illness and substance use disorders abuse problems , provide | 20 | | appropriate treatment to persons with mental illnesses and | 21 | | co-occurring mental illness and substance use disorders abuse | 22 | | problems and reduce the incidence of crimes committed as a | 23 | | result of mental illnesses or co-occurring mental illness and | 24 | | substance use disorders abuse problems . It is the intent of |
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| 1 | | the General Assembly to create specialized mental health | 2 | | courts with the necessary flexibility to meet the needs | 3 | | problems of criminal defendants with mental illnesses and | 4 | | co-occurring mental illness and substance use disorders abuse | 5 | | problems in the State of Illinois.
| 6 | | (Source: P.A. 95-606, eff. 6-1-08 .) | 7 | | (730 ILCS 168/10)
| 8 | | Sec. 10. Definitions. As used in this Act: | 9 | | "Mental health court", "mental health court program", or | 10 | | "program" means a structured judicial intervention process for | 11 | | mental health treatment of eligible defendants that brings | 12 | | together mental health professionals, local social programs, | 13 | | and intensive judicial monitoring. | 14 | | "Mental health court professional" means a member of the | 15 | | mental health court team, including
but not limited to a | 16 | | judge, prosecutor, defense attorney, probation officer, | 17 | | coordinator, treatment provider, or peer recovery coach. | 18 | | "Pre-adjudicatory mental health court program" means a | 19 | | program that allows the defendant, with the consent of the | 20 | | prosecution, to expedite the defendant's criminal case before | 21 | | conviction or before filing of a criminal case and requires | 22 | | successful completion of the mental health court program as | 23 | | part of the agreement. | 24 | | "Post-adjudicatory mental health court program" means a | 25 | | program in which the defendant has admitted guilt or has been |
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| 1 | | found guilty and agrees, along with the prosecution, to enter | 2 | | a mental health court program as part of the defendant's | 3 | | sentence. | 4 | | "Combination mental health court program" means a mental | 5 | | health court program that
includes a pre-adjudicatory mental | 6 | | health court program and a post-adjudicatory mental health | 7 | | court program. | 8 | | "Co-occurring mental health and substance use abuse court | 9 | | program" means a program that includes persons with | 10 | | co-occurring mental illness and substance use disorders abuse | 11 | | problems . Such programs
shall include professionals with | 12 | | training and experience in treating persons with substance use | 13 | | disorders abuse problems and mental illness.
| 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 treatment provider. | 17 | | "Validated clinical assessment" may include assessment | 18 | | tools
required by public or private insurance. | 19 | | "Peer recovery coach" means a mentor assigned to a | 20 | | defendant
during participation in a mental health treatment | 21 | | court program who has been
trained by the court, a service | 22 | | provider utilized
by the court for substance use or mental | 23 | | health treatment, or be a
recovery support specialist | 24 | | certified by the State of Illinois.
Peer recovery coaches | 25 | | should be individuals with lived experience
and shall guide | 26 | | and mentor the participant to successfully complete
the |
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| 1 | | assigned requirements and work to help facilitate | 2 | | participants'
independence for continued success once the | 3 | | supports of the court are
no longer available to them.
| 4 | | (Source: P.A. 97-946, eff. 8-13-12.) | 5 | | (730 ILCS 168/20) | 6 | | Sec. 20. Eligibility. | 7 | | (a) A defendant, who is eligible for probation based on | 8 | | the nature of the crime convicted of and in consideration of | 9 | | his or her criminal background, if any, may be admitted into a | 10 | | mental health court program only upon the agreement of the | 11 | | defendant and with the approval of the court. | 12 | | (b) A defendant shall be excluded from a mental health | 13 | | court program if any one of the following applies: | 14 | | (1) The crime is a crime of violence as set forth in | 15 | | clause (3) of this subsection (b). | 16 | | (2) The defendant does not demonstrate a willingness | 17 | | to participate in a treatment program. | 18 | | (3) The defendant has been convicted of a crime of | 19 | | violence within the past 10 years excluding incarceration | 20 | | time. As used in this paragraph (3), "crime of violence" | 21 | | means: first degree murder, second degree murder, | 22 | | predatory criminal sexual assault of a child, aggravated | 23 | | criminal sexual assault, criminal sexual assault, armed | 24 | | robbery, aggravated arson, arson, aggravated kidnapping, | 25 | | kidnapping, aggravated battery resulting in great bodily |
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| 1 | | harm or permanent disability, stalking, aggravated | 2 | | stalking, or any offense involving the discharge of a | 3 | | firearm. | 4 | | (4) (Blank). | 5 | | (5) The crime for which the defendant has been | 6 | | convicted is non-probationable. | 7 | | (6) The sentence imposed on the defendant, whether the | 8 | | result of a plea or a finding of guilt, renders the | 9 | | defendant ineligible for probation.
| 10 | | (c) A defendant charged with prostitution under Section | 11 | | 11-14 of the Criminal Code of 2012 may be admitted into a | 12 | | mental health court program, if available in the jurisdiction | 13 | | and provided that the requirements in subsections (a) and (b) | 14 | | are satisfied. Mental health court programs may include | 15 | | specialized service programs specifically designed to address | 16 | | the trauma associated with prostitution and human trafficking, | 17 | | and may offer those specialized services to defendants | 18 | | admitted to the mental health court program. Judicial circuits | 19 | | establishing these specialized programs shall partner with | 20 | | prostitution and human trafficking advocates, survivors, and | 21 | | service providers in the development of the programs. | 22 | | (Source: P.A. 100-426, eff. 1-1-18 .) | 23 | | (730 ILCS 168/25)
| 24 | | Sec. 25. Procedure. | 25 | | (a) The court shall require an eligibility screening and |
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| 1 | | an assessment of the defendant. The assessment shall include a
| 2 | | validated clinical assessment. The clinical assessment shall | 3 | | include,
but not be limited to, assessments of substance use, | 4 | | mental and
behavioral health needs. The clinical assessment | 5 | | shall be administered
by a qualified clinician and used to | 6 | | inform any clinical treatment plans.
Clinical treatment plans | 7 | | shall be developed, in part, upon the known
availability of | 8 | | treatment resources available. An assessment need not be | 9 | | ordered if the court finds a valid assessment related to the | 10 | | present charge pending against the defendant has been | 11 | | completed within the previous 60 days. | 12 | | (b) The judge shall inform the defendant that if the | 13 | | defendant fails to meet the requirements of the mental health | 14 | | court program, eligibility to participate in the program may | 15 | | be revoked and the defendant may be sentenced or the | 16 | | prosecution continued, as provided in the Unified Code of | 17 | | Corrections, for the crime charged. | 18 | | (c) The defendant shall execute a written agreement as to | 19 | | his or her participation in the program and shall agree to all | 20 | | of the terms and conditions of the program, including but not | 21 | | limited to the possibility of sanctions or incarceration for | 22 | | failing to abide or comply with the terms of the program. | 23 | | (d) In addition to any conditions authorized under the | 24 | | Pretrial Services Act and Section 5-6-3 of the Unified Code of | 25 | | Corrections, the court may order the defendant to complete | 26 | | mental health or substance use abuse treatment in an |
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| 1 | | outpatient, inpatient, residential, or jail-based custodial | 2 | | treatment program , order the defendant to
complete mental | 3 | | health counseling in an inpatient or outpatient basis,
comply | 4 | | with physicians' recommendation regarding medications and all
| 5 | | follow up treatment for any mental health diagnosis made by | 6 | | the provider.
Substance abuse treatment programs must be | 7 | | licensed by the State of
Illinois as a Substance Use | 8 | | Prevention and Recovery (SUPR) provider and utilize | 9 | | evidence-based treatment. When referring participants to | 10 | | mental health treatment
programs, the court shall prioritize | 11 | | providers certified as community
mental health or behavioral | 12 | | health centers as possible. The court shall
prioritize the | 13 | | least restrictive treatment option when ordering
mental health | 14 | | or substance use treatment for participants. The
court may | 15 | | order jail-based custodial treatment if it finds that
| 16 | | jail-based treatment is the least restrictive alternative | 17 | | based on
evidence that efforts were made to locate less | 18 | | restrictive alternatives
to secure confinement and the reasons | 19 | | why efforts were unsuccessful in
locating a less restrictive | 20 | | alternative to jail-based custodial treatment . Any period of | 21 | | time a defendant shall serve in a jail-based treatment program | 22 | | may not be reduced by the accumulation of good time or other | 23 | | credits and may be for a period of up to 120 days. | 24 | | (e) The mental health court program may include a regimen | 25 | | of graduated requirements and rewards and sanctions, including | 26 | | but not limited to: fines, fees, costs, restitution, |
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| 1 | | incarceration of up to 180 days, individual and group therapy, | 2 | | medication, drug analysis testing, close monitoring by the | 3 | | court and supervision of progress, educational or vocational | 4 | | counseling as appropriate and other requirements necessary to | 5 | | fulfill the mental health court program.
| 6 | | (f) The Mental Health Court program may maintain or | 7 | | collaborate
with a network of mental health treatment programs | 8 | | and, if it is
a co-occurring mental health and substance use | 9 | | court program,
a network of substance use treatment programs | 10 | | representing a
continuum of treatment options commensurate | 11 | | with the needs of the
defendant and available resources | 12 | | including programs with the State
of Illinois. | 13 | | (g) Recognizing that individuals struggling with
mental | 14 | | health, addiction and related co-occurring disorders have
| 15 | | often experienced trauma, mental health court programs may | 16 | | include
specialized service programs specifically designed to | 17 | | address trauma.
These specialized services may be offered to | 18 | | defendants admitted to
the mental health court program. | 19 | | Judicial circuits establishing these
specialized programs | 20 | | shall partner with service providers in the
development of the | 21 | | programs. Trauma-informed services and programming
should be | 22 | | operated in Accordance with best practices outlined by the
| 23 | | Substance Abuse and Mental Health Service Administration's | 24 | | National
Center for Trauma Informed Care (SAMHSA). | 25 | | (h) The Court may establish a mentorship program that
| 26 | | provides access and support to program participants by peer
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| 1 | | recovery coaches. Courts shall be responsible to administer | 2 | | the
mentorship program with the support of mentors and local | 3 | | mental
health and substance use treatment organizations.
Peer | 4 | | recovery coaches shall be trained and licensed by the court,
a | 5 | | service provider utilized by the court for substance use or | 6 | | mental
health treatment, or be a recovery support specialist | 7 | | certified by the
State of Illinois. Peer recovery coaches | 8 | | shall be approved by the Court
and complete orientation with | 9 | | the court team prior to being assigned to participants in the | 10 | | program.
| 11 | | (Source: P.A. 95-606, eff. 6-1-08 .) | 12 | | (730 ILCS 168/30)
| 13 | | Sec. 30. Mental health and substance use abuse treatment. | 14 | | (a) The mental health court program may maintain or | 15 | | collaborate with a network of mental
health treatment programs | 16 | | and, if it is a co-occurring mental health and substance use | 17 | | abuse court program, a network of substance use abuse | 18 | | treatment programs representing a continuum of treatment | 19 | | options commensurate with the needs of defendants and | 20 | | available resources. | 21 | | (b) Any substance use abuse treatment program to which | 22 | | defendants are referred must be licensed by the State of | 23 | | Illinois
as SUPR providers and utilize evidence-based | 24 | | treatment, meet all of the rules and governing programs in | 25 | | Parts 2030 and 2060 of Title 77 of the Illinois Administrative |
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| 1 | | Code. | 2 | | (c) The mental health court program may, at its | 3 | | discretion, employ additional services or interventions, as it | 4 | | deems necessary on a case by case basis.
| 5 | | (Source: P.A. 95-606, eff. 6-1-08 .) | 6 | | (730 ILCS 168/35)
| 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 mental health court professionals that: | 11 | | (1) the defendant is not performing satisfactorily in | 12 | | the assigned program; | 13 | | (2) the defendant is not benefiting 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;
| 20 | | the court may impose reasonable sanctions under prior written | 21 | | agreement of the defendant, including but not limited to | 22 | | imprisonment or dismissal of the defendant from the program; | 23 | | and the court may reinstate criminal proceedings against him | 24 | | or her or proceed under Section 5-6-4 of the Unified Code of | 25 | | Corrections for a violation of probation, conditional |
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| 1 | | discharge, or supervision hearing.
No defendant may be | 2 | | dismissed from the program unless, prior to such dismissal, | 3 | | the defendant is informed in writing: (i) of the reason or | 4 | | reasons for the dismissal; (ii) the evidentiary basis | 5 | | supporting the reason or reasons for the dismissal; (iii) that | 6 | | the defendant has a right to a hearing at
which he or she may | 7 | | present evidence supporting his or her continuation in the | 8 | | program. Based upon the evidence presented, the court shall | 9 | | determine whether the defendant has violated the conditions of | 10 | | the program and whether the defendant should be dismissed from | 11 | | the program or whether some other alternative may be | 12 | | appropriate in the interests of the defendant and the public. | 13 | | (b) Upon successful completion of the terms and conditions | 14 | | of the program, the court may dismiss the original charges | 15 | | against the defendant or successfully terminate the | 16 | | defendant's sentence or otherwise discharge him or her from | 17 | | the program or from any further proceedings against him or her | 18 | | in the original prosecution.
| 19 | | (c) Upon successful completion of the terms and conditions | 20 | | of
the program, any State's Attorney in the county of | 21 | | conviction may move
to vacate any convictions eligible for | 22 | | sealing under the Criminal
Identification Act. Defendants may | 23 | | immediately file
petitions to expunge vacated convictions and | 24 | | the associated underlying
records per the Criminal | 25 | | Identification Act. In cases where the State's
Attorney moves | 26 | | to vacate a conviction, they may not object to expungement
of |
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| 1 | | that conviction or the underlying record. | 2 | | (d) The mental health court program may maintain or | 3 | | collaborate
with a network of legal aid organizations that | 4 | | specialize in conviction
relief to support participants | 5 | | navigating the expungement and sealing
process.
| 6 | | (Source: P.A. 95-606, eff. 6-1-08 .) | 7 | | (730 ILCS 168/45 new) | 8 | | Sec. 45. Education seminars for judges. The Administrative
| 9 | | Office of the Illinois Courts shall conduct education seminars
| 10 | | for judges throughout the State on how to operate Mental | 11 | | Health
Court programs. | 12 | | (730 ILCS 168/50 new) | 13 | | Sec. 50. Education seminars for Mental Health Court | 14 | | prosecutors. Subject to appropriation, the Office of the | 15 | | State's Attorneys Appellate
Prosecutor shall conduct mandatory | 16 | | education seminars on the subjects of
substance use, addiction | 17 | | and mental health, for all prosecutors
serving in Mental | 18 | | Health courts throughout the State. | 19 | | (730 ILCS 168/55 new) | 20 | | Sec. 55. Education seminars for public defenders. Subject | 21 | | to
appropriation, the Office of the State Appellate Defender | 22 | | shall
conduct mandatory education seminars on the subjects of | 23 | | substance use,
addiction, and mental health, for all public |
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| 1 | | defenders and assistant public
defenders practicing in Mental | 2 | | Health courts throughout the State. ".
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