Illinois General Assembly - Full Text of HB3850
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Full Text of HB3850  102nd General Assembly

HB3850ham003 102ND GENERAL ASSEMBLY

Rep. Lindsey LaPointe

Filed: 4/20/2021

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 3850

2    AMENDMENT NO. ______. Amend House Bill 3850 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Drug Court Treatment Act is amended by
5changing Sections 5, 10, 15, 20, 25, 30, 35, 40, 45, and 50 as
6follows:
 
7    (730 ILCS 166/5)
8    Sec. 5. Purposes. The General Assembly recognizes that
9individuals struggling with substance use disorders may come
10into contact with the criminal justice system and be charged
11with felony or misdemeanor offenses. The General Assembly also
12recognizes that substance use disorders and mental illness
13co-occur in a substantial percentage of criminal defendants.
14the use and abuse of drugs has a dramatic effect on the
15criminal justice system in the State of Illinois. There is a
16critical need for the criminal justice system to recognize

 

 

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1individuals struggling with these issues, provide alternatives
2to incarceration to address substance use disorders a criminal
3justice system program that will reduce the incidence of drug
4use, drug addiction, and provide appropriate access to
5treatment and support to such persons. crimes committed as a
6result of drug use and drug addiction. It is the intent of the
7General Assembly to create specialized drug courts, in
8accordance with evidence-based practices, and Illinois Supreme
9Court Standards for addressing substance use and co-occurring
10disorders with the necessary flexibility to meet the needs for
11an array of services and supports among participants in drug
12court 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", "court", or "program"
17means a specially designated court, court calendar or docket
18facilitating intensive therapeutic treatment to monitor and
19assist participants with an immediate and highly structured
20judicial intervention process for substance use disorder. Drug
21court programs are nonadversarial in nature and bring abuse
22treatment of eligible defendants that brings together
23substance use disorder abuse professionals, and local social
24programs, and intensive judicial monitoring in accordance with
25the nationally recommended 10 key components of drug courts

 

 

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1and Illinois Supreme Court Problem-Solving Court Standards.
2Common features of drug court programs include, but are not
3limited to, a designated judge and staff; specialized intake
4and screening procedures; coordinated treatment procedures
5administered by a trained, multidisciplinary professional
6team; close evaluation of participants, including continued
7assessments and modification of the court requirements and use
8of sanctions, incentives and therapeutic adjustments to
9address behavior; frequent judicial interaction with
10participants; less formal court process and procedures;
11voluntary participation; and a low treatment staff-to-client
12ratio.
13    "Drug court professional" means a member of the drug court
14team, including but not limited to a judge, prosecutor,
15defense attorney, probation officer, coordinator, treatment
16provider, or an equivalent standard in any other state where
17treatment may take place, or peer recovery coach.
18    "Pre-adjudicatory drug court program" means a program that
19allows the defendant, with their agreement, and with the
20consent of the prosecution, to enter the drug court program
21before plea, conviction, or disposition, expedite the
22defendant's criminal case before conviction or before filing
23of a criminal case and requires successful completion of the
24drug court program as part of the agreement.
25    "Post-adjudicatory drug court program" means a program
26that allows an individual who in which the defendant has

 

 

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1admitted guilt or has been found guilty and agrees, along with
2the prosecution, to enter a drug court program as part of the
3defendant's sentence.
4    "Combination drug court program" means a drug court
5program that includes a pre-adjudicatory drug court program
6and a post-adjudicatory drug court program.
7    "Co-occurring mental health and substance use court
8program" means a program that includes persons with
9co-occurring mental illness and substance use disorder. Such
10programs shall include professionals with training and
11experience in treating persons with substance use disorders
12and mental illness.
13    "Problem-Solving Courts (PSC) Standards" means the
14statewide Standards Adopted by the Illinois Supreme Court
15which set forth the minimum requirements for the planning,
16establishment, certification, operation and evaluation of all
17problem-solving courts in Illinois.
18    "Certification" means the process by which a
19problem-solving court obtains approval from the Supreme Court
20to operate in accordance with the Problem-Solving Court
21Standards.
22    "Clinical treatment plan" means an evidence-based,
23comprehensive, and individualized plan that is developed by a
24qualified professional in accordance with IDHS/SUPR
25regulations contained in Part 2060 of Title 77 of the Illinois
26Administrative Code or an equivalent standard in any other

 

 

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1state where treatment may take place. The clinical treatment
2plan shall define the scope of treatment services to be
3delivered by a court treatment provider.
4    "Validated clinical assessment" may include assessment
5tools required by public or private insurance.
6    "Peer recovery coach" means a mentor assigned to a
7defendant during participation in a drug treatment court
8program who has been trained by the court, a service provider
9used by the court for substance use disorder or mental health
10treatment, a local service provider with established peer
11recovery coach or mentor programs not otherwise used by the
12court for treatment, or be a Certified Recovery Support
13Specialist (CRSS) certified by the Illinois Certification
14Board. Peer recovery coaches should be individuals with lived
15experiences of the issues problem solving courts seek to
16address, including but not limited to substance use disorders,
17mental health and co-occurring disorders, and involvement with
18the criminal justice system. Peer recovery coaches shall guide
19and mentor the participant to successfully complete assigned
20requirements and work to help facilitate participants'
21independence for continued success once the supports of the
22court are no longer available to them.
23    "Community mental health center" means an entity: (1)
24licensed by the Illinois Department of Public Health as a
25community mental health center in accordance with the
26conditions of participation for community mental health

 

 

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1centers established by the Centers for Medicare and Medicaid
2Services; and (2) that provides outpatient services, including
3specialized outpatient services, for individuals who are
4chronically mentally ill.
5    "Community behavioral health center" means a physical site
6where behavioral healthcare services are provided in
7accordance with the Community Behavioral Health Center
8Infrastructure Act.
9(Source: P.A. 97-946, eff. 8-13-12.)
 
10    (730 ILCS 166/15)
11    Sec. 15. Authorization.
12    (a) The Chief Judge of each judicial circuit may must
13establish a drug court program in compliance with the
14Problem-Solving Court Standards. At the discretion of the
15Chief Judge, the drug court program may be operated in one or
16more counties of the circuit and allow the defendants from all
17counties within the circuit to participate. Drug court
18programs must be certified by the Supreme Court including the
19format under which it operates under this Act.
20    (b) Whenever the county boards of 2 or more counties
21within the same judicial circuit shall determine that a single
22drug court program would best serve those counties, the county
23board of each such county shall adopt a resolution to the
24effect that there shall be a single drug court program serving
25those counties, and shall provide a copy of the resolution to

 

 

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1the Chief Judge of the judicial circuit. Upon receipt of those
2resolutions, the Chief Judge shall establish or, in the case
3of an existing drug court program, re-organize a single drug
4court program to serve those counties.
5    (c) (Blank). Upon petition of the county board by the
6State's Attorney, the court may, for good cause shown of
7financial hardship or lack of necessary resources, enter an
8order delaying the implementation of the requirements of
9subsection (a) of this Section for an individual county, for a
10period not to exceed 2 years.
11(Source: P.A. 96-776, eff. 1-1-10.)
 
12    (730 ILCS 166/20)
13    Sec. 20. Eligibility.
14    (a) A defendant may be admitted into a drug court program
15only upon the agreement of the defendant and with the approval
16of the court. A defendant agrees to be admitted when a Written
17Consent to Participate is provided to the Court in open court
18and the defendant acknowledges understanding its contents.
19    (a-5) Each drug court shall have a target population
20defined in its written Policies and Procedures. The Policies
21and Procedures shall define that court's eligibility and
22exclusionary criteria.
23    (b) A defendant shall be excluded from a drug court
24program if any of one of the following apply:
25        (1) The crime is a crime of violence as set forth in

 

 

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1    clause (4) of this subsection (b).
2        (2) The defendant denies his or her use of or
3    addiction to drugs.
4        (3) The defendant does not demonstrate a willingness
5    to participate in a treatment program.
6        (4) The defendant has been convicted of a crime of
7    violence within the past 5 10 years excluding
8    incarceration time. As used in this Section, "crime of
9    violence" means: first degree murder, second degree
10    murder, predatory criminal sexual assault of a child,
11    aggravated criminal sexual assault, criminal sexual
12    assault, armed robbery, aggravated arson, arson,
13    aggravated kidnaping, kidnaping, aggravated battery
14    resulting in great bodily harm or permanent disability,
15    aggravated domestic battery resulting in great bodily harm
16    or permanent disability, aggravated criminal sexual abuse
17    by a person in a position of trust or authority over a
18    child, stalking, or aggravated stalking, or any offense
19    involving the discharge of a firearm.
20        (5) The crime for which the defendant has been
21    convicted is nonprobationable.
22        (6) The sentence imposed on the defendant, whether the
23    result of a plea or a finding of guilt, renders the
24    defendant ineligible for probation.
25    (c) Notwithstanding subsection (a), the defendant may be
26admitted into a drug court program only upon the agreement of

 

 

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1the prosecutor if:
2        (1) the defendant is charged with a Class 2 or greater
3    felony violation of:
4            (A) Section 401, 401.1, 405, or 405.2 of the
5        Illinois Controlled Substances Act;
6            (B) Section 5, 5.1, or 5.2 of the Cannabis Control
7        Act; or
8            (C) Section 15, 20, 25, 30, 35, 40, 45, 50, 55, 56,
9        or 65 of the Methamphetamine Control and Community
10        Protection Act. ; or
11        (2) the defendant has previously, on 3 or more
12    occasions, either completed a drug court program, been
13    discharged from a drug court program, or been terminated
14    from a drug court program.
15(Source: P.A. 99-480, eff. 9-9-15.)
 
16    (730 ILCS 166/25)
17    Sec. 25. Procedure.
18    (a) A The court shall order an eligibility screening and
19needs an assessment of the defendant shall be performed as
20required by the Court's Policies and Procedures by an agent
21designated by the State of Illinois to provide assessment
22services for the Illinois Courts. The assessment shall be
23conducted in accordance with IDHS/SUPR regulations contained
24in Part 2060 of Title 77 of the Illinois Administrative Code.
25The assessment shall include, but not be limited to,

 

 

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1assessments of substance use, mental and behavioral health
2needs. The assessment shall be administered by individuals who
3meet the IDHS/SUPR regulations for professional staff
4contained in Part 2060 of Title 77 of the Illinois
5Administrative Code and used to inform any Clinical Treatment
6Plans. Clinical Treatment Plans shall be developed in
7accordance with Illinois PSC Standards and, in part, upon the
8known availability of treatment resources. An assessment need
9not be ordered if the court finds a valid assessment related to
10the present charge pending against the defendant has been
11completed within the previous 60 days.
12    (b) The judge shall inform the defendant that if the
13defendant fails to meet the conditions of the drug court
14program, eligibility to participate in the program may be
15revoked and the defendant may be sentenced or the prosecution
16continued as provided in the Unified Code of Corrections for
17the crime charged.
18    (c) The defendant shall execute a written agreement as to
19his or her participation in the program and shall agree to all
20of the terms and conditions of the program, including but not
21limited to the possibility of sanctions or incarceration for
22failing to abide or comply with the terms of the program.
23    (d) In addition to any conditions authorized under the
24Pretrial Services Act and Section 5-6-3 of the Unified Code of
25Corrections, the court may order the defendant to complete
26substance use disorder abuse treatment in an outpatient,

 

 

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1inpatient, residential, or jail-based custodial treatment
2program, order the defendant to complete mental health
3counseling in an inpatient or outpatient basis, comply with
4physicians' recommendation regarding medications and all
5follow up treatment for any mental health diagnosis made by
6the provider. Substance use disorder treatment programs must
7be licensed by IDHS/SUPR, or equivalent standards in any state
8where treatment may be provided, and use evidence-based
9treatment. When referring participants to mental health
10treatment programs, the court shall prioritize providers
11certified as community mental health or behavioral health
12centers as possible. The court shall prioritize the least
13restrictive treatment option when ordering mental health or
14substance use disorder treatment for participants. The court
15may order jail-based custodial treatment if it finds that
16jail-based treatment is the least restrictive alternative
17based on evidence that efforts were made to locate less
18restrictive alternatives to secure confinement and the reasons
19why efforts were unsuccessful in locating a less restrictive
20alternative to jail-based custodial treatment. Any period of
21time a defendant shall serve in a jail-based treatment program
22may not be reduced by the accumulation of good time or other
23credits and may be for a period of up to 120 days.
24    (e) The drug court program shall include a regimen of
25graduated requirements and rewards and sanctions, including
26but not limited to: fines, fees, costs, restitution,

 

 

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1incarceration of up to 180 days, individual and group therapy,
2substance drug analysis testing, close monitoring by the
3court, restitution at a minimum of once every 30 days and
4supervision of progress, educational or vocational counseling
5as appropriate, and other requirements necessary to fulfill
6the drug court program. Program phases, therapeutic
7adjustments, incentives, and sanctions, including the use of
8jail sanctions, shall be administered in accordance with
9evidence-based practices and the Illinois PSC Standards. If
10the defendant needs treatment for an opioid use disorder abuse
11or dependence, the court may not prohibit the defendant from
12participating in and receiving medication assisted treatment
13under the care of a physician licensed in this State to
14practice medicine in all of its branches. Drug court
15participants may not be required to refrain from using
16medication assisted treatment as a term or condition of
17successful completion of the drug court program.
18    (f) Recognizing that individuals struggling with mental
19health, substance use, and related co-occurring disorders have
20often experienced trauma, drug court programs may include
21specialized service programs specifically designed to address
22trauma. These specialized services may be offered to
23defendants admitted to the drug court program. Judicial
24circuits establishing these specialized programs shall partner
25with advocates, survivors, and service providers in the
26development of the programs. Trauma-informed services and

 

 

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1programming should be operated in accordance with
2evidence-based practices as outlined by the Substance Abuse
3and Mental Health Service Administration's National Center for
4Trauma Informed Care (SAMHSA).
5    (g) The Court may establish a mentorship program that
6provides access and support to program participants by peer
7recovery coaches. Courts shall be responsible to administer
8the mentorship program with the support of mentors and local
9mental health and substance use disorder treatment
10organizations.
11(Source: P.A. 99-554, eff. 1-1-17.)
 
12    (730 ILCS 166/30)
13    Sec. 30. Mental health and substance use disorder
14Substance abuse treatment.
15    (a) The drug court program shall maintain a network of
16substance use disorder abuse treatment programs representing a
17continuum of graduated substance use disorder abuse treatment
18options commensurate with the needs of defendants.
19    (b) Any substance use disorder abuse treatment program to
20which defendants are referred must be licensed by IDHS/SUPR,
21use evidence-based treatment, and deliver all services in
22accordance with the regulations contained in Part meet all of
23the rules and governing programs in Parts 2030 and 2060 of
24Title 77 of the Illinois Administrative Code.
25    (c) The drug court program may, at its discretion, employ

 

 

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1additional services or interventions, as it deems necessary on
2a case by case basis.
3    (d) The drug court program may maintain or collaborate
4with a network of mental health treatment programs
5representing a continuum of treatment options commensurate
6with the needs of the defendant and available resources
7including programs with the State of Illinois and
8community-based programs supported and sanctioned by the State
9of Illinois. Partnerships with providers certified as
10community mental health or behavioral health centers shall be
11prioritized when possible.
12(Source: P.A. 92-58, eff. 1-1-02.)
 
13    (730 ILCS 166/35)
14    Sec. 35. Violation; termination; discharge.
15    (a) If the court finds from the evidence presented
16including but not limited to the reports or proffers of proof
17from the drug court professionals that:
18        (1) the defendant is not complying with the
19    requirements of the treatment performing satisfactorily in
20    the assigned program;
21        (2) (blank); the defendant is not benefitting from
22    education, treatment, or rehabilitation;
23        (3) the defendant has engaged in criminal conduct
24    rendering him or her unsuitable for the program; or
25        (4) the defendant has otherwise violated the terms and

 

 

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1    conditions of the program or his or her sentence or is for
2    any reason unable to participate;
3the court may impose reasonable sanctions under prior written
4agreement of the defendant, including but not limited to
5imprisonment or dismissal of the defendant from the program
6and the court may reinstate criminal proceedings against the
7defendant him or her or proceed under Section 5-6-4 of the
8Unified Code of Corrections for a violation of probation,
9conditional discharge, or supervision hearing. Based on the
10evidence presented, the court shall determine whether the
11defendant has violated the conditions of the program and
12whether the defendant should be dismissed from the program or
13whether, pursuant to the court's Policies and Procedures, some
14other alternative may be appropriate in the interests of the
15defendant and the public.
16    (a-5) A defendant who is assigned to a substance use
17disorder abuse treatment program under this Act for an opioid
18use disorder abuse or dependence is not in violation of the
19terms or conditions of the program on the basis of his or her
20participation in medication assisted treatment under the care
21of a physician licensed in this State to practice medicine in
22all of its branches.
23    (a-10) A defendant may voluntarily withdraw from the drug
24court Program in accordance with the drug court program's
25policies and procedures. Prior to allowing the participant to
26withdraw, the judge shall:

 

 

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1        (i) ensure that the participant has the right to
2    consult with counsel prior to withdrawal;
3        (ii) determine in open court that the withdrawal is
4    made voluntarily and knowingly; and
5        (iii) admonish the participant in open court as to the
6    consequences, actual or potential, which can result from
7    withdrawal.
8    Upon withdrawal, the criminal proceedings may be
9reinstated against the defendant or proceedings under Section
105-6-4 of the Unified Code of Corrections for a violation of
11probation, conditional discharge, or supervision hearing may
12be initiated.
13    (a-15) No defendant may be dismissed from the program
14unless, prior to such dismissal, the defendant is informed in
15writing:
16        (i) of the reason or reasons for the dismissal;
17        (ii) the evidentiary basis supporting the reason or
18    reasons for the dismissal;
19        (iii) that the defendant has a right to a hearing at
20    which he or she may present evidence supporting his or her
21    continuation in the program.
22    (b) Upon successful completion of the terms and conditions
23of the program, the court may dismiss the original charges
24against the defendant or successfully terminate the
25defendant's sentence or otherwise discharge him or her from
26any further proceedings against the defendant him or her in

 

 

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1the original prosecution.
2    (c) Upon successful completion of the terms and conditions
3of the program, any State's Attorney in the county of
4conviction may move to vacate convictions held by the
5defendant that are eligible for sealing under the Criminal
6Identification Act. Participants may immediately file
7petitions to expunge vacated convictions and the associated
8underlying records per the Criminal Identification Act. In
9cases where the State's Attorney moves to vacate a conviction,
10the State's Attorney may not object to expungement of that
11conviction or the underlying record.
12    (d) The drug court program may maintain or collaborate
13with a network of legal aid organizations that specialize in
14conviction relief to support participants navigating the
15expungement and sealing process.
16(Source: P.A. 99-554, eff. 1-1-17.)
 
17    (730 ILCS 166/40)
18    Sec. 40. Education seminars for judges. A judge assigned
19to preside over a PSC should have experience and training and
20continuing education in topics including, but not limited to:
21(1) criminal law; (2) behavioral health; (3) confidentiality;
22(4) ethics; (5) evidence-based practices; (6) substance use
23disorders; (7) mental illness; (8) co-occurring disorders; and
24(9) presiding over various types of PSCs. The Administrative
25Office of the Illinois Courts shall conduct education seminars

 

 

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1for judges throughout the State on how to operate drug court
2programs with a specific emphasis on cases involving the
3illegal possession of methamphetamine.
4(Source: P.A. 94-552, eff. 8-12-05.)
 
5    (730 ILCS 166/45)
6    Sec. 45. Education seminars for drug court prosecutors.
7Subject to appropriation, the Office of the State's Attorneys
8Appellate Prosecutor shall conduct mandatory education
9seminars on the subjects of substance abuse and addiction for
10all drug court prosecutors throughout the State to ensure that
11the PSC maintains fidelity to the PSC model. Topics include,
12but are not limited to, evidence-based screening, assessment
13and treatment practices, target population, substance use
14disorders, mental illness, disability, co-occurring disorders,
15trauma, confidentiality, criminogenic risks and needs,
16incentives and sanctions, court processes, limited English
17proficiency and team dynamics.
18(Source: P.A. 99-480, eff. 9-9-15.)
 
19    (730 ILCS 166/50)
20    Sec. 50. Education seminars for Mental Health Court public
21defenders. Subject to appropriation, the Office of the State
22Appellate Defender shall conduct mandatory education seminars
23on the subjects of substance abuse and addiction for all
24public defenders and assistant public defenders practicing in

 

 

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1drug courts throughout the State to ensure that the PSC
2maintains fidelity to the PSC model. Topics include, but are
3not limited to, evidence-based screening, assessment and
4treatment practices, target population, substance use
5disorders, mental illness, disability, co- occurring
6disorders, trauma, confidentiality, criminogenic risks and
7needs, incentives and sanctions, court processes, limited
8English proficiency and team dynamics.
9(Source: P.A. 99-480, eff. 9-9-15.)
 
10    Section 10. The Veterans and Servicemembers Court
11Treatment Act is amended by changing Sections 5, 10, 15, 20,
1225, 30, 35, and by adding Sections 40, 45, and 50 as follows:
 
13    (730 ILCS 167/5)
14    Sec. 5. Purposes. The General Assembly recognizes that
15veterans and active servicemembers, including , Reserve and
16National Guard servicemembers have provided or are currently
17providing an invaluable service to our country. Some veterans
18and active duty servicemembers In so doing, some may suffer
19from the effects of their service, including but not limited
20to, post traumatic stress disorder, traumatic brain injury,
21depression and may also suffer drug and alcohol dependency or
22addiction and co-occurring mental illness and substance use
23disorders abuse problems. As a result of this, some veterans
24or active duty servicemembers come into contact with the

 

 

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1criminal justice system and are charged with felony or
2misdemeanor offenses. There is a critical need for the
3criminal justice system to recognize these veterans struggling
4with these issues, provide accountability for their
5wrongdoing, provide for the safety of the public and provide
6for the treatment of such our veterans. It is the intent of the
7General Assembly to create specialized veteran and
8servicemember courts, in accordance with evidence-based
9practices, and Illinois Supreme Court Standards for addressing
10substance use, mental health and co-occurring disorders or
11programs with the necessary flexibility to meet the
12specialized needs for an array of services and supports among
13participants in problems faced by these veteran and
14servicemember court programs in the State of Illinois
15defendants.
16(Source: P.A. 96-924, eff. 6-14-10.)
 
17    (730 ILCS 167/10)
18    Sec. 10. Definitions. In this Act:
19    "Certification" means the process by which a
20problem-solving court obtains approval from the Supreme Court
21to operate in accordance with the Problem-Solving Court
22Standards.
23    "Clinical Treatment Plan" means an evidence-based,
24comprehensive, and individualized plan developed by a
25qualified professional in accordance with IDHS/SUPR

 

 

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1regulations contained in Part 2060 of Title 77 of the Illinois
2Administrative Code, or an equivalent standard in any other
3state where treatment may take place. The clinical treatment
4plan shall define the scope of treatment services to be
5delivered by a treatment provider.
6    "Combination Veterans and Servicemembers Court program"
7means a court program that includes a pre-adjudicatory and a
8post-adjudicatory Veterans and Servicemembers court program.
9    "IDVA" means the Illinois Department of Veterans' Affairs.
10    "Peer recovery coach" means a veteran mentor assigned to a
11veteran or servicemember during participation in a veteran
12treatment court program who has been trained by the court, a
13service provider used by the court for substance use or mental
14health treatment, a local service provider with established
15peer recovery coach or mentor programs not otherwise used by
16the court for treatment, or be a Certified Recovery Support
17Specialist (CRSS) certified by the Illinois Certification
18Board. Peer recovery coaches should be individuals with lived
19experiences of the issues problem solving courts seek to
20address, including, but not limited to, substance use
21disorders, mental health and co-occurring disorders and
22involvement with the criminal justice system. Peer recovery
23coaches shall guide and mentor the participant to successfully
24complete assigned requirements and work to help facilitate
25participants' independence for continued success once the
26supports of the court are no longer available to them.

 

 

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1    "Pre-adjudicatory Veterans and Servicemembers Court
2Program" means a program that allows the defendant, who agrees
3and with the consent of the prosecution, to enter the drug
4court program before plea, conviction, or disposition, and
5requires successful completion of the Veterans and
6Servicemembers Court programs as part of the agreement.
7    "Post-adjudicatory Veterans and Servicemembers Court
8Program" means a program that allows an individual who has
9admitted guilt or has been found guilty and agrees, along with
10the prosecution, to enter a Veterans and Servicemembers Court
11program as part of the defendant's sentence.
12    "Problem-Solving Court Standards" means the statewide
13Standards adopted by the Illinois Supreme Court which set
14forth the minimum requirements for the planning,
15establishment, certification, operation and evaluation of all
16problem-solving courts in Illinois.
17    "Court" means Veterans and Servicemembers Court.
18    "IDVA" means the Illinois Department of Veterans' Affairs.
19    "Peer recovery coach" means a volunteer veteran mentor
20assigned to a veteran or servicemember during participation in
21a veteran treatment court program who has been trained and
22certified by the court to guide and mentor the participant to
23successfully complete the assigned requirements.
24    "Post-adjudicatory Veterans and Servicemembers Court
25Program" means a program in which the defendant has admitted
26guilt or has been found guilty and agrees, along with the

 

 

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

 

 

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1intervention process for substance abuse treatment, mental
2health, or other assessed treatment needs of eligible veteran
3and servicemember defendants that brings together substance
4abuse professionals, mental health professionals, VA
5professionals, local social programs and intensive judicial
6monitoring in accordance with the nationally recommended 10
7key components of drug courts.
8    "Veterans and Servicemembers Court" "Veterans and
9Servicemembers Court program", "court", or "program" for the
10purposes of this Act means a specially designated court, court
11calendar or docket facilitating intensive therapeutic
12treatment to monitor or assist veteran or servicemember
13participants with substance use disorders, mental health,
14co-occurring disorders or other assessed treatment needs of
15eligible veteran and servicemember participants. Veterans and
16servicemember court programs are nonadversarial in nature and
17bring together substance use disorder professionals, mental
18health professionals, VA professionals, and local social
19programs in accordance with the nationally recommended 10 key
20components of drug courts and Illinois Supreme Court
21Problem-Solving Court Standards. Common features of drug court
22programs include, but are not limited to, a designated judge
23and staff; specialized intake and screening procedures;
24coordinated treatment procedures administered by a trained,
25multidisciplinary professional team; close evaluation of
26participants, including continued assessments and modification

 

 

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1of the court requirements and use of sanctions, incentives and
2therapeutic adjustments to address behavior; frequent judicial
3interaction with participants; less formal court process and
4procedures; voluntary participation; and a low treatment
5staff-to- client ratio.
6    "Veterans and Servicemembers Court professional" means a
7member of the Veterans and Servicemembers Court team,
8including but not limited to a judge, prosecutor, defense
9attorney, probation officer, coordinator, treatment provider,
10or peer recovery coach.
11    "Community Mental Health Center" means an entity licensed
12by the Illinois Department of Public Health as a Community
13Mental Health Center in accordance with the conditions of
14participation for Community Mental Health Centers established
15by the Center for Medicare & Medicaid Services. Community
16Mental Health Centers means an entity that provides outpatient
17services, including specialized outpatient services for
18individuals who are chronically mentally ill.
19    "Community Behavioral Health Center" means a physical site
20where behavioral healthcare services are provided in
21accordance with the Community Behavioral Health Center
22Infrastructure Act.
23(Source: P.A. 99-314, eff. 8-7-15; 99-819, eff. 8-15-16.)
 
24    (730 ILCS 167/15)
25    Sec. 15. Authorization.

 

 

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1    (a) The Chief Judge of each judicial circuit may shall
2establish a Veterans and Servicemembers Court program in
3compliance with the Problem-Solving Court Standards including
4a format under which it operates under this Act. The Veterans
5and Servicemembers Court may, at the discretion of the Chief
6Judge, be a separate court or a program of a problem-solving
7court, including, but not limited to, a drug court, or mental
8health court, or operate for defendants with either substance
9use, mental health or co-occurring disorders. At the
10discretion of the Chief Judge, the Veterans and Servicemembers
11Court program may be operated in one or more counties in the
12Circuit, and allow veteran and servicemember defendants from
13all counties within the Circuit to participate.
14    (b) Whenever the county boards of 2 or more counties
15within the same judicial circuit shall determine that a single
16veterans and servicemembers court program would best serve
17those counties, the county board of each such county shall
18adopt a resolution to the effect that there shall be a single
19veterans and servicemembers court program serving those
20counties, and shall provide a copy of the resolution to the
21Chief Judge of the judicial circuit. Upon receipt of those
22resolutions, the Chief Judge shall establish, or, in the case
23of an existing veterans and servicemembers court program,
24re-organize a single veterans and servicemembers court program
25to serve those counties.
26(Source: P.A. 99-807, eff. 1-1-18; 100-88, eff. 1-1-18.)
 

 

 

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1    (730 ILCS 167/20)
2    Sec. 20. Eligibility. Veterans and Servicemembers are
3eligible for Veterans and Servicemembers Courts, provided the
4following:
5    (a) A defendant may be admitted to a Veterans and
6Servicemembers Court certified by the Illinois Supreme Court ,
7who is eligible for probation based on the nature of the crime
8convicted of and in consideration of his or her criminal
9background, if any, may be admitted into a Veterans and
10Servicemembers Court program before adjudication only upon the
11agreement of the defendant and with the approval of the Court.
12Defendants agree to be admitted when a Written Consent to
13Participate is provided to the Court in open court and the
14defendant acknowledges understanding its contents A defendant
15may be admitted into a Veterans and Servicemembers Court
16program post-adjudication only with the approval of the court.
17    (b) Each Veterans and Servicemembers Court shall have a
18targeted population defined in its written Policies and
19Procedures. The Policies and Procedures shall define that
20court's eligibility and exclusionary criteria. A defendant
21shall be excluded from Veterans and Servicemembers Court
22program if any of one of the following applies:
23        (1) The crime is a crime of violence as set forth in
24    clause (3) of this subsection (b).
25        (2) The defendant does not demonstrate a willingness

 

 

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1    to participate in a treatment program.
2        (3) The defendant has been convicted of a crime of
3    violence within the past 5 10 years excluding
4    incarceration time. As used in this Section, "crime of
5    violence" means: , including first degree murder, second
6    degree murder, predatory criminal sexual assault of a
7    child, aggravated criminal sexual assault, criminal sexual
8    assault, armed robbery, aggravated arson, arson,
9    aggravated kidnapping and kidnapping, aggravated battery
10    resulting in great bodily harm or permanent disability,
11    aggravated domestic battery resulting in greater bodily
12    harm or permanent disability, aggravated criminal sexual
13    abuse by a person in a position of trust or authority over
14    a child, stalking, or aggravated stalking, or any offense
15    involving the discharge of a 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) Notwithstanding subsection (a), the defendant may be
23admitted into a drug court program only upon the agreement of
24the prosecutor if:
25        (1) the defendant is charged with a Class 2 or greater
26    felony violation of:

 

 

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1            (A) Section 401, 401.1, 405, or 405.2 of the
2        Illinois Controlled Substances Act;
3            (B) Section 5, 5.1, or 5.2 of the Cannabis Control
4        Act; or
5            (C) Section 15, 20, 25, 30, 35, 40, 45, 50, 55, 56,
6        or 65 of the Methamphetamine Control and Community
7        Protection Act.
8(Source: P.A. 99-480, eff. 9-9-15; 100-426, eff. 1-1-18.)
 
9    (730 ILCS 167/25)
10    Sec. 25. Procedure.
11    (a) A The Court shall order the defendant to submit to an
12eligibility screening and an assessment of the defendant shall
13be performed as required by the Court's Policies and
14Procedures. The assessment shall be conducted through the VA,
15VAC, and/or the IDVA to provide information on the defendant's
16veteran or servicemember status.
17    (b) A The Court shall order the defendant to submit to an
18eligibility screening and mental health and substance use
19disorder drug/alcohol screening and assessment of the
20defendant by the VA, VAC, or by the IDVA shall be performed as
21required by the Court's Policies and Procedures to provide
22assessment services for Illinois Courts. The assessment shall
23include, but is not limited to a validated clinical
24assessment. The assessment shall include, but not be limited
25to, assessments of substance use, mental and behavioral health

 

 

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1needs. The assessment shall be administered by a qualified
2clinician of the VA, VAC, or IDVA, or individuals who meet the
3IDHS/SUPR regulations for professional staff contained in Part
42060 of Title 77 of the Illinois Administrative Code, or an
5equivalent Standard in any other state where treatment may
6take place, and used to inform any clinical treatment plans.
7Clinical treatment plans shall be developed, in accordance
8with Illinois PSC Standards and risks assessment and be based,
9in part, upon the known availability of treatment resources
10available to the Veterans and Servicemembers Court. The
11assessment shall also include recommendations for treatment of
12the conditions which are indicating a need for treatment under
13the monitoring of the Court and be reflective of a level of
14risk assessed for the individual seeking admission. An
15assessment need not be ordered if the Court finds a valid
16screening and/or assessment related to the present charge
17pending against the defendant has been completed within the
18previous 60 days.
19    (c) The judge shall inform the defendant that if the
20defendant fails to meet the conditions of the Veterans and
21Servicemembers Court program, eligibility to participate in
22the program may be revoked and the defendant may be sentenced
23or the prosecution continued as provided in the Unified Code
24of Corrections for the crime charged.
25    (d) The defendant shall execute a written agreement with
26the Court as to his or her participation in the program and

 

 

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

 

 

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1were unsuccessful in locating a less restrictive alternative
2to jail-based custodial treatment. This treatment may include
3but is not limited to post-traumatic stress disorder,
4traumatic brain injury and depression.
5    (e-5) The veterans and servicemembers treatment court
6shall include a regimen of graduated requirements, individual
7and group therapy substance analysis testing, close monitoring
8by the court, supervision of progress, restitution,
9educational or vocational counseling as appropriate, and other
10requirements necessary to fulfill the drug court program.
11Program phases, therapeutic adjustments, incentives, and
12sanctions, including the use of jail sanctions, shall be
13administered in accordance with evidence-based practices and
14the Illinois PSC Standards. If the defendant needs treatment
15for an opioid use disorder or dependence, the court may not
16prohibit the defendant from participating in and receiving
17medication assisted treatment under the care of a physician
18licensed in this State to practice medicine in all of its
19branches. Veteran and servicemembers court participants may
20not be required to refrain from using medication assisted
21treatment as a term or condition of successful completion of
22the drug court program.
23    (e-10) Recognizing that individuals struggling with mental
24health, substance use and related co-occurring disorders have
25often experienced trauma, veterans and servicemembers court
26programs may include specialized service programs specifically

 

 

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1designed to address trauma. These specialized services may be
2offered to defendants admitted to the mental health court
3program. Judicial circuits establishing these specialized
4programs shall partner with advocates, survivors, and service
5providers in the development of the programs. Trauma-informed
6services and programming should be operated in accordance with
7evidence-based practices as outlined by the Substance Abuse
8and Mental Health Service Administration's National Center for
9Trauma Informed Care (SAMHSA).
10    (f) The Court may establish a mentorship program that
11provides access and support to program participants by peer
12recovery coaches. Courts shall be responsible to administer
13the mentorship program with the support of volunteer veterans
14and local veteran service organizations, including a VAC. Peer
15recovery coaches shall be trained and certified by the Court
16prior to being assigned to participants in the program.
17(Source: P.A. 99-314, eff. 8-7-15; 99-819, eff. 8-15-16.)
 
18    (730 ILCS 167/30)
19    Sec. 30. Mental health and substance use disorder abuse
20treatment.
21    (a) The Veterans and Servicemembers Court program may
22maintain a network of substance use disorder abuse treatment
23programs representing a continuum of graduated substance use
24disorder abuse treatment options commensurate with the needs
25of defendants; these shall include programs with the VA, IDVA,

 

 

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1a VAC, the State of Illinois and community-based programs
2supported and sanctioned by either or both.
3    (b) Any substance use abuse treatment program to which
4defendants are referred must be licensed by IDHS/SUPR, or an
5equivalent standard in any other state where treatment may
6take place, use evidence-based treatment, and deliver all
7services in accordance with the regulations contained meet all
8of the rules and governing programs in Parts 2030 and 2060 of
9Title 77 of the Illinois Administrative Code, or an equivalent
10standard in any other state where treatment may take place.
11    (c) The Veterans and Servicemembers Court program may, in
12its discretion, employ additional services or interventions,
13as it deems necessary on a case by case basis.
14    (d) The Veterans and Servicemembers Court program may
15maintain or collaborate with a network of mental health
16treatment programs and, if it is a co-occurring mental health
17and substance use disorder abuse court program, a network of
18substance use disorder abuse treatment programs representing a
19continuum of treatment options commensurate with the needs of
20the defendant and available resources including programs with
21the VA, the IDVA, a VAC, and the State of Illinois. When not
22using mental health treatment or services available through
23the VA, IDVA or VAC, partnerships with providers certified as
24community mental health or behavioral health centers shall be
25prioritized as possible.
26(Source: P.A. 99-819, eff. 8-15-16.)
 

 

 

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1    (730 ILCS 167/35)
2    Sec. 35. Violation; termination; discharge.
3    (a) If the Court finds from the evidence presented
4including but not limited to the reports or proffers of proof
5from the Veterans and Servicemembers Court professionals that:
6        (1) the defendant is not complying with the
7    requirements of the treatment program performing
8    satisfactorily in the assigned program;
9        (2) (blank); the defendant is not benefitting from
10    education, treatment, or rehabilitation;
11        (3) the defendant has engaged in criminal conduct
12    rendering him or her unsuitable for the program; or
13        (4) the defendant has otherwise violated the terms and
14    conditions of the program or his or her sentence or is for
15    any reason unable to participate; the Court may impose
16    reasonable sanctions under prior written agreement of the
17    defendant, including but not limited to imprisonment or
18    dismissal of the defendant from the program and the Court
19    may reinstate criminal proceedings against him or her or
20    proceed under Section 5-6-4 of the Unified Code of
21    Corrections for a violation of probation, conditional
22    discharge, or supervision hearing. Based on the evidence
23    presented, the court shall determine whether the defendant
24    has violated the conditions of the program and whether the
25    defendant should be dismissed from the program, or

 

 

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1    whether, pursuant to the court's Policies and Procedures,
2    some other alternative may be appropriate in the interests
3    of the defendant and the public.
4    (a-5) A defendant who is assigned to a substance use
5disorder treatment program under this Act for an opioid use
6disorder is not in violation of the terms or conditions of the
7program on the basis of his or her participation in medication
8assisted treatment under the care of a physician licensed to
9practice medicine in all of its branches.
10    (a-10) A defendant may voluntarily withdraw from the drug
11court program In accordance with the drug court program's
12policies and procedures. Prior to allowing the participant to
13withdraw, the judge shall:
14        (i) ensure that the participant has the right to
15    consult with counsel prior to withdrawal;
16        (ii) determine in open court that the withdrawal is
17    made voluntarily and knowingly; and
18        (iii) admonish the participant in open court as to the
19    consequences, actual or potential, which can result from
20    withdrawal.
21    Upon withdrawal, the criminal proceedings may be
22reinstated against the defendant or proceedings under Section
235-6-4 of the Unified Code of Corrections for a violation of
24probation, conditional discharge, or supervision hearing may
25be initiated.
26    (b) Upon successful completion of the terms and conditions

 

 

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1of the program, the Court may dismiss the original charges
2against the defendant or successfully terminate the
3defendant's sentence or otherwise discharge him or her from
4any further proceedings against the defendant him or her in
5the original prosecution.
6    (c) Upon successful completion of the terms and conditions
7of the program, any State's Attorney in the county of
8conviction may move to vacate any convictions eligible for
9sealing under the Criminal Identification Act. Defendants may
10immediately file petitions to expunge vacated convictions and
11the associated underlying records per the Criminal
12Identification Act. In cases where the State's Attorney moves
13to vacate a conviction, the State's Attorney may not object to
14expungement of that conviction or the underlying record.
15    (d) Veterans and servicemembers court programs may
16maintain or collaborate with a network of legal aid
17organizations that specialize in conviction relief to support
18participants navigating the expungement and sealing process.
19(Source: P.A. 96-924, eff. 6-14-10.)
 
20    (730 ILCS 167/40 new)
21    Sec. 40. Education for judges. A judge assigned to preside
22over a PSC should have experience and training and continuing
23education in topics, including, but not limited to: (1)
24criminal law; (2) behavioral health; (3) confidentiality; (4)
25ethics; (5) evidence-based practices; (6) substance use

 

 

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1Disorders; (7) mental illness; (8) co-occurring disorders; and
2(9) presiding over various types of PSCs.
 
3    (730 ILCS 167/45 new)
4    Sec. 45. Education seminars for Veterans and
5Servicemembers Court prosecutors. Subject to appropriation,
6the Office of the State's Attorneys Appellate Prosecutor shall
7conduct mandatory education seminars on the subjects of
8substance use disorders, addiction and mental health, for all
9Veterans and Servicemembers Court prosecutors throughout the
10State to ensure that the PSC maintains fidelity to the PSC
11model. Topics include, but are not limited to, evidence-based
12screening, assessment and treatment practices, target
13population, substance use disorders, mental illness,
14disability, co-occurring disorders, trauma, confidentiality,
15criminogenic risks and needs, incentives and sanctions, court
16processes, limited English proficiency and team dynamics.
 
17    (730 ILCS 167/50 new)
18    Sec. 50. Education seminars for public defenders. Subject
19to appropriation, the Office of the State Appellate Defender
20shall conduct mandatory education seminars for all public
21defenders and assistant public defenders practicing in
22Veterans and Servicemembers Court courts throughout the State,
23to ensure that the PSC maintains fidelity to the PSC model.
24Topics include, but are not limited to, evidence-based

 

 

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1screening, assessment and training practices, target
2population, substance use disorders, mental illness,
3disability, co-occurring disorders, trauma, confidentiality,
4criminogenic risks and needs, incentives and sanctions, court
5processes, limited English proficiency and team dynamics.
 
6    Section 15. The Mental Health Court Treatment Act is
7amended by changing Sections 5, 10, 15, 20, 25, 30, 35, 45 and
8by adding Sections 45, 50, and 55 as follows:
 
9    (730 ILCS 168/5)
10    Sec. 5. Purposes. The General Assembly recognizes that
11individuals with diagnosable mental illness may come into
12contact with the criminal justice system and be charged with
13felony or misdemeanor offenses. a large percentage of criminal
14defendants have a diagnosable mental illness and that mental
15illnesses have a dramatic effect on the criminal justice
16system in the State of Illinois. The General Assembly also
17recognizes that mental illness and substance use disorders
18abuse problems co-occur in a substantial percentage of
19criminal defendants. There is a critical need for the a
20criminal justice system to recognize individuals struggling
21with these issues, provide alternatives to incarceration to
22address mental illness, and provide appropriate access to
23treatment and support to such persons. program that will
24reduce the number of persons with mental illnesses and with

 

 

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1co-occurring mental illness and substance abuse problems in
2the criminal justice system, reduce recidivism among persons
3with mental illness and with co-occurring mental illness and
4substance abuse problems, provide appropriate treatment to
5persons with mental illnesses and co-occurring mental illness
6and substance abuse problems and reduce the incidence of
7crimes committed as a result of mental illnesses or
8co-occurring mental illness and substance abuse problems. It
9is the intent of the General Assembly to create specialized
10mental health courts, in accordance with evidence-based
11practices and Illinois Supreme Court Standards for addressing
12substance use and co-occurring disorders with the necessary
13flexibility to meet the needs for an array of services and
14supports among participants in mental health court programs
15problems of criminal defendants with mental illnesses and
16co-occurring mental illness and substance abuse problems in
17the State of Illinois.
18(Source: P.A. 95-606, eff. 6-1-08.)
 
19    (730 ILCS 168/10)
20    Sec. 10. Definitions. As used in this Act:
21    "Mental health court", "mental health court program",
22"court", or "program" means a specially designated court,
23court calendar, or docket facilitating intensive therapeutic
24treatment to monitor and assist participants with structured
25judicial intervention process for mental illness. Mental

 

 

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1health court programs are non-adversarial in nature and bring
2health treatment of eligible defendants that brings together
3mental health professionals, local social programs in
4accordance with the nationally recommended essential elements
5of a mental health court and Illinois Supreme Court
6Problem-Solving Standards. Common features of mental health
7court programs include, but are not limited to, a designated
8judge and staff; specialized intake and screening procedures;
9coordinated treatment procedures administered by a trained,
10multidisciplinary professional team; close evaluation of
11participants, including continued assessments and modification
12of the court requirements and use of sanctions, incentives and
13therapeutic adjustments to address behavior; frequent judicial
14interaction with participants; less formal court process and
15procedures; voluntary participation; and a low treatment
16staff- to-client ratio , and intensive judicial monitoring.
17    "Mental health court professional" means a member of the
18mental health court team, including but not limited to a
19judge, prosecutor, defense attorney, probation officer,
20coordinator, treatment provider, or peer recovery coach.
21    "Pre-adjudicatory mental health court program" means a
22program that allows the defendant, with their agreement and
23the consent of the prosecution, to enter the drug court
24program before plea, conviction, or disposition expedite the
25defendant's criminal case before conviction or before filing
26of a criminal case and requires successful completion of the

 

 

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1mental health court program as part of the agreement.
2    "Post-adjudicatory mental health court program" means a
3program that allows an individual who in which the defendant
4has admitted guilt or has been found guilty and agrees, along
5with the prosecution, to enter a mental health court program
6as part of the defendant's sentence.
7    "Combination mental health court program" means a mental
8health court program that includes a pre-adjudicatory mental
9health court program and a post-adjudicatory mental health
10court program.
11    "Co-occurring mental health and substance use abuse court
12program" means a program that includes persons with
13co-occurring mental illness and substance use disorder abuse
14problems. Such programs shall include professionals with
15training and experience in treating persons with substance use
16disorders abuse problems and mental illness.
17    "Problem-Solving Courts (PSC) Standards" means the
18statewide standards adopted by the Illinois Supreme Court
19which set forth the minimum requirements for the planning,
20establishment, certification, operation and evaluation of all
21problem-solving courts in Illinois.
22    "Certification" means the process by which a
23problem-solving court obtains approval from the Supreme Court
24to operate in accordance with the Problem-Solving Court
25Standards.
26    "Clinical treatment plan" means an evidence-based,

 

 

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1comprehensive, and individualized plan that is developed by a
2qualified professional and defines the scope of treatment
3services to be delivered by a treatment provider.
4    "Validated clinical assessment" may include assessment
5tools required by public or private insurance.
6    "Peer recovery coach" means a mentor assigned to a
7defendant during participation in a mental health treatment
8court program who has been trained by the court, a service
9provider used by the court for substance use or mental health
10treatment, a local service provider with established peer
11recovery coach or mentor programs not otherwise used by the
12court for treatment, or be a Certified Recovery Support
13Specialist (CRSS) certified by the Illinois Certification
14Board. Peer recovery coaches should be individuals with lived
15experience of the issues problem solving courts seek to
16address, including, but not limited to, substance use
17disorders, mental health, and co-occurring disorders, and
18involvement with the criminal justice system. Peer recovery
19coaches shall guide and mentor the participant to successfully
20complete assigned requirements and work to help facilitate
21participants' independence for continued success once the
22supports of the court are no longer available to them.
23    "Community Mental Health Center" means an entity licensed
24by the Illinois Department of Public Health as a Community
25Mental Health Center in accordance with the conditions of
26participation for Community Mental Health Centers established

 

 

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1by the Center for Medicare & Medicaid Services. Community
2Mental Health Centers means an entity that provides outpatient
3services, including specialized outpatient services for
4individuals who are chronically mentally ill.
5    "Community Behavioral Health Center" means a physical site
6where behavioral healthcare services are provided in
7accordance with the Community Behavioral Health Center
8Infrastructure Act.
9(Source: P.A. 97-946, eff. 8-13-12.)
 
10    (730 ILCS 168/15)
11    Sec. 15. Authorization. The Chief Judge of each judicial
12circuit may establish a mental health court program in
13compliance with the Problem-Solving Court Standards. At the
14discretion of the Chief Judge, the mental health court program
15may be operated in one or more counties of the circuit and
16allow the defendants from all counties within the circuit to
17participate. Mental Health Court programs must be certified by
18the Supreme Court. , including the format under which it
19operates under this Act.
20    (b)Whenever the county boards of 2 or more counties within
21the same judicial circuit shall determine that a single mental
22health court program would best serve those counties, the
23county board of each such county shall adopt a resolution to
24the effect that there shall be a single mental health court
25program serving those counties, and shall provide a copy of

 

 

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1the resolution to the Chief Judge of the judicial circuit.
2Upon receipt of those resolutions, the Chief Judge shall
3establish or, in the case of an existing mental health court
4program, re-organize a single mental health court program to
5serve these counties.
6(Source: P.A. 95-606, eff. 6-1-08.)
 
7    (730 ILCS 168/20)
8    Sec. 20. Eligibility.
9    (a) A defendant, who is eligible for probation based on
10the nature of the crime convicted of and in consideration of
11his or her criminal background, if any, may be admitted into a
12mental health court program only upon the agreement of the
13defendant and with the approval of the court. A defendant
14agrees to be admitted when a Written Consent to Participate is
15provided to the Court in open court and the defendant
16acknowledges understanding its contents.
17    (a-5) Each mental health court shall have a target
18population defined in its written Policies and Procedures. The
19Policies and Procedures shall define that court's eligibility
20and exclusionary criteria.
21    (b) A defendant shall be excluded from a mental health
22court program if any one of the following applies:
23        (1) The crime is a crime of violence as set forth in
24    clause (3) of this subsection (b).
25        (2) The defendant does not demonstrate a willingness

 

 

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1    to participate in a treatment program.
2        (3) The defendant has been convicted of a crime of
3    violence within the past 5 10 years excluding
4    incarceration time. As used in this paragraph (3), "crime
5    of violence" means: first degree murder, second degree
6    murder, predatory criminal sexual assault of a child,
7    aggravated criminal sexual assault, criminal sexual
8    assault, armed robbery, aggravated arson, arson,
9    aggravated kidnapping, kidnapping, aggravated battery
10    resulting in great bodily harm or permanent disability,
11    aggravated domestic battery resulting in great bodily harm
12    or permanent disability, aggravated criminal sexual abuse
13    by a person in a position of trust or authority over a
14    child, stalking, or aggravated stalking, or any offense
15    involving the discharge of a 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) Notwithstanding subsection (a), the defendant may be
23admitted Into a mental health court program only upon
24agreement of the prosecutor if:
25        (1) the defendant is charged with a Class 2 or greater
26    felony violation of:

 

 

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1            (A) Section 401, 401.1, 405, or 405.2 of the
2        Illinois Controlled Substances Act;
3            (B) Section 5, 5.1, or 5.2 of the Cannabis Control
4        Act; or
5            (C) Section 15, 20, 25, 30, 35, 40, 45, 50, 55, 56,
6        or 65 of the Methamphetamine Control and Community
7        Protection Act.
8A defendant charged with prostitution under Section 11-14 of
9the Criminal Code of 2012 may be admitted into a mental health
10court program, if available in the jurisdiction and provided
11that the requirements in subsections (a) and (b) are
12satisfied. Mental health court programs may include
13specialized service programs specifically designed to address
14the trauma associated with prostitution and human trafficking,
15and may offer those specialized services to defendants
16admitted to the mental health court program. Judicial circuits
17establishing these specialized programs shall partner with
18prostitution and human trafficking advocates, survivors, and
19service providers in the development of the programs.
20(Source: P.A. 100-426, eff. 1-1-18.)
 
21    (730 ILCS 168/25)
22    Sec. 25. Procedure.
23    (a) A The court shall require an eligibility screening and
24needs an assessment of the defendant shall be performed as
25required by the Court's Policies and Procedures. The

 

 

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1assessment shall include a validated clinical assessment. The
2clinical assessment shall include, but not be limited to,
3assessments of substance use disorder, mental and behavioral
4health needs. The clinical assessment shall be administered by
5a qualified clinician and used to inform any clinical
6treatment plans. Clinical treatment plans shall be developed,
7in part, upon the known availability of treatment resources
8available. Assessments for substance use disorder shall be
9conducted in accordance with the Illinois Department of Human
10Services/Division of Substance Use Prevention and Recovery
11(IDHS/SUPR) regulations contained in Part 2060 of Title 77 of
12the Illinois Administrative Code or an equivalent standard in
13any other state where treatment may take place, and conducted
14by individuals who meet the IDHS/SUPR regulations for
15professional staff also contained within that Code, or an
16equivalent standard in any other state where treatment may
17take place. The assessments shall be used to inform any
18Clinical Treatment Plans. Clinical Treatment Plans shall be
19developed in accordance with Illinois PSC Standards and, in
20part, upon the known availability of treatment resources
21available. An assessment need not be ordered if the court
22finds a valid assessment related to the present charge pending
23against the defendant has been completed within the previous
2460 days.
25    (b) The judge shall inform the defendant that if the
26defendant fails to meet the requirements of the mental health

 

 

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

 

 

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1or substance use treatment for participants. The court may
2order jail-based custodial treatment if it finds that
3jail-based treatment is the least restrictive alternative
4based on evidence that efforts were made to locate less
5restrictive alternatives to secure confinement and the reasons
6why efforts were unsuccessful in locating a less restrictive
7alternative to jail-based custodial treatment. Any period of
8time a defendant shall serve in a jail-based treatment program
9may not be reduced by the accumulation of good time or other
10credits and may be for a period of up to 120 days.
11    (e) The mental health court program may include a regimen
12of graduated requirements including and rewards and sanctions,
13including but not limited to: fines, fees, costs, restitution,
14incarceration of up to 180 days, individual and group therapy,
15medication, substance drug analysis testing, close monitoring
16by the court, and supervision of progress, restitution,
17educational or vocational counseling as appropriate and other
18requirements necessary to fulfill the mental health court
19program. Program phases, therapeutic adjustments, incentives,
20and sanctions, including the use of jail sanctions, shall be
21administered in accordance with evidence-based practices and
22the Illinois PSC Standards. If the defendant needs treatment
23for an opioid use disorder or dependence, the court may not
24prohibit the defendant from participating in and receiving
25medication assisted treatment under the care of a physician
26licensed in this State to practice medicine in all of its

 

 

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1branches. Mental health court participants may not be required
2to refrain from using medication assisted treatment as a term
3or condition of successful completion of the mental health
4court program.
5    (f) The Mental Health Court program may maintain or
6collaborate with a network of mental health treatment programs
7and, if it is a co-occurring mental health and substance use
8court program, a network of substance use treatment programs
9representing a continuum of treatment options commensurate
10with the needs of the defendant and available resources
11including programs with the State of Illinois.
12    (g) Recognizing that individuals struggling with mental
13health, addiction and related co-occurring disorders have
14often experienced trauma, mental health court programs may
15include specialized service programs specifically designed to
16address trauma. These specialized services may be offered to
17defendants admitted to the mental health court program.
18Judicial circuits establishing these specialized programs
19shall partner with service providers in the development of the
20programs. Trauma-informed services and programming should be
21operated in accordance with evidence-based best practices as
22outlined by the Substance Abuse and Mental Health Service
23Administration's National Center for Trauma Informed Care
24(SAMHSA).
25    (h) The Court may establish a mentorship program that
26provides access and support to program participants by peer

 

 

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1recovery coaches. Courts shall be responsible to administer
2the mentorship program with the support of mentors and local
3mental health and substance use disorder treatment
4organizations.
5(Source: P.A. 95-606, eff. 6-1-08.)
 
6    (730 ILCS 168/30)
7    Sec. 30. Mental health and substance use abuse treatment.
8    (a) The mental health court program may maintain or
9collaborate with a network of mental health treatment programs
10and, if it is a co-occurring mental health and substance use
11disorder abuse court program, a network of substance use abuse
12treatment programs representing a continuum of treatment
13options commensurate with the needs of defendants and
14available resources.
15    (b) Any substance use disorder abuse treatment program to
16which defendants are referred must be licensed by the State of
17Illinois as SUPR providers, use evidence-based treatment, and
18meet all of the rules and governing programs in Parts 2030 and
192060 of Title 77 of the Illinois Administrative Code.
20    (c) The mental health court program may, at its
21discretion, employ additional services or interventions, as it
22deems necessary on a case by case basis.
23(Source: P.A. 95-606, eff. 6-1-08.)
 
24    (730 ILCS 168/35)

 

 

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1    Sec. 35. Violation; termination; discharge.
2    (a) If the court finds from the evidence presented,
3including but not limited to the reports or proffers of proof
4from the mental health court professionals that:
5        (1) the defendant is not complying with the
6    requirements of the treatment program performing
7    satisfactorily in the assigned program;
8        (2) (blank); the defendant is not benefiting from
9    education, 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;
15the court may impose reasonable sanctions under prior written
16agreement of the defendant, including but not limited to
17imprisonment or dismissal of the defendant from the program;
18and the court may reinstate criminal proceedings against the
19defendant him or her or proceed under Section 5-6-4 of the
20Unified Code of Corrections for a violation of probation,
21conditional discharge, or supervision hearing. Based on the
22evidence presented, the court shall determine whether the
23defendant has violated the conditions of the program and
24whether the defendant should be dismissed from the program or
25whether, pursuant to the court's Policies and Procedures, some
26other alternative may be appropriate in the interests of the

 

 

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1defendant and the public.
2    (a-5) A defendant may voluntarily withdraw from the mental
3health court program in accordance with the mental health
4court program's Policies and Procedures. Prior to allowing the
5participant to withdraw, the judge shall:
6        (i) ensure that the participant has the right to
7    consult with counsel prior to withdrawal;
8        (ii) determine in open court that the withdrawal is
9    made voluntarily and knowingly; and
10        (iii) admonish the participant in open court as to the
11    consequences, actual or potential, which can result from
12    withdrawal.
13    Upon withdrawal, the criminal proceedings may be
14reinstated against the defendant or proceedings under Section
155-6-4 of the Unified Code of Corrections for a violation of
16probation, conditional discharge, or supervision hearing may
17be initiated.
18    (a-10) No defendant may be dismissed from the program
19unless, prior to such dismissal, the defendant is informed in
20writing: (i) of the reason or reasons for the dismissal; (ii)
21the evidentiary basis supporting the reason or reasons for the
22dismissal; (iii) that the defendant has a right to a hearing at
23which he or she may present evidence supporting his or her
24continuation in the program. Based upon the evidence
25presented, the court shall determine whether the defendant has
26violated the conditions of the program and whether the

 

 

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1defendant should be dismissed from the program or whether some
2other alternative may be appropriate in the interests of the
3defendant and the public.
4    (b) Upon successful completion of the terms and conditions
5of the program, the court may dismiss the original charges
6against the defendant or successfully terminate the
7defendant's sentence or otherwise discharge him or her from
8the program or from any further proceedings against him or her
9in the original prosecution.
10    (c) Upon successful completion of the terms and conditions
11of the program, any State's Attorney in the county of
12conviction may move to vacate any convictions eligible for
13sealing under the Criminal Identification Act. Defendants may
14immediately file petitions to expunge vacated convictions and
15the associated underlying records per the Criminal
16Identification Act. In cases where the State's Attorney moves
17to vacate a conviction, the State's Attorney may not object to
18expungement of that conviction or the underlying record.
19    (d) The mental health court program may maintain or
20collaborate with a network of legal aid organizations that
21specialize in conviction relief to support participants
22navigating the expungement and sealing process.
23(Source: P.A. 95-606, eff. 6-1-08.)
 
24    (730 ILCS 168/45 new)
25    Sec. 45. Education seminars for judges. A judge assigned

 

 

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1to preside over a PSC should have experience and training and
2continuing education in topics including, but not limited to:
3(1) criminal law; (2) behavioral health; (3) confidentiality;
4(4) ethics; (5) evidence-based practices; (6) co-occurring
5disorders; (7) mental illness; (8) co-occurring disorders; and
6(9) presiding over various types of PSCs.
 
7    (730 ILCS 168/50 new)
8    Sec. 50. Education seminars for Mental Health Court
9prosecutors. Subject to appropriation, the Office of the
10State's Attorneys Appellate Prosecutor shall conduct mandatory
11education seminars for all prosecutors serving in Mental
12Health courts throughout the State to ensure that the PSC
13maintains fidelity to the PSC model. Topics include, but are
14not limited to, evidence-based screening, assessment and
15treatment practices, target population, substance use
16disorders, mental illness, disability, co- occurring
17disorders, trauma, confidentiality, criminogenic risks and
18needs, incentives and sanctions, court processes, limited
19English proficiency and team dynamics.
 
20    (730 ILCS 168/55 new)
21    Sec. 55. Education seminars for Mental Health Court public
22defenders. Subject to appropriation, the Office of the State
23Appellate Defender shall conduct mandatory education seminars
24on the subjects of substance use disorder, addiction, and

 

 

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1mental health, for all public defenders and assistant public
2defenders practicing in Mental Health courts throughout the
3State to ensure that the PSC maintains fidelity to the PSC
4model. Topics include, but are not limited to, evidence-based
5screening, assessment and treatment practices, target
6population, substance use disorders, mental illness,
7disability, co-occurring disorders, trauma, confidentiality,
8criminogenic risks and needs, incentives and sanctions, court
9processes, limited English proficiency and team dynamics.".