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 | 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, 15, 20, 25, 30, 35, 40, 45, and 50 as | 6 | | follows:
| 7 | | (730 ILCS 166/5)
| 8 | | Sec. 5. Purposes. The General Assembly recognizes that | 9 | | individuals struggling with substance use disorders may come | 10 | | into contact
with the criminal justice system and be charged | 11 | | with felony or
misdemeanor offenses. The General Assembly also | 12 | | recognizes
that substance use disorders and mental illness | 13 | | co-occur in a
substantial percentage of criminal defendants. | 14 | | the use and
abuse of drugs has a dramatic effect on the | 15 | | criminal justice system in the
State
of Illinois. There is a | 16 | | critical need for the criminal justice system to recognize |
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| 1 | | individuals struggling
with these issues, provide alternatives | 2 | | to incarceration to
address substance use disorders a criminal | 3 | | justice system program
that
will reduce the incidence of drug | 4 | | use, drug addiction, and provide appropriate
access to | 5 | | treatment and support to such persons. crimes committed as
a
| 6 | | result of drug use and drug addiction. It is the intent of the | 7 | | General Assembly
to create specialized drug courts , in | 8 | | accordance with evidence-based practices,
and Illinois Supreme | 9 | | Court Standards
for addressing substance use and co-occurring | 10 | | disorders with the necessary flexibility to meet the needs for | 11 | | an array of services and
supports among participants in
drug | 12 | | court 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" | 17 | | means a specially designated court, court calendar or docket | 18 | | facilitating
intensive therapeutic treatment to monitor and | 19 | | assist participants
with an immediate and
highly
structured | 20 | | judicial intervention process for substance use disorder. Drug | 21 | | court programs are nonadversarial in nature and bring abuse | 22 | | treatment of
eligible defendants that brings together | 23 | | substance use disorder abuse professionals, and local
social | 24 | | programs, and intensive judicial monitoring in accordance with | 25 | | the
nationally recommended 10 key components of drug courts |
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| 1 | | and Illinois
Supreme Court Problem-Solving Court Standards. | 2 | | Common features of drug
court programs include, but are not | 3 | | limited to, a designated judge and
staff; specialized intake | 4 | | and screening procedures; coordinated treatment procedures | 5 | | administered by a trained, multidisciplinary professional | 6 | | team;
close evaluation of participants, including continued | 7 | | assessments and
modification of the court requirements and use | 8 | | of sanctions, incentives
and therapeutic adjustments to | 9 | | address behavior; frequent judicial
interaction with | 10 | | participants; less formal court process and procedures;
| 11 | | voluntary participation; and a low treatment staff-to-client | 12 | | ratio .
| 13 | | "Drug court professional" means a member of the drug court | 14 | | team, including but not limited to
a judge, prosecutor, | 15 | | defense attorney,
probation officer, coordinator, treatment | 16 | | provider, or
an equivalent standard in any other state where | 17 | | treatment may take
place, or peer recovery coach.
| 18 | | "Pre-adjudicatory drug court program" means a program that | 19 | | allows
the defendant, with their agreement, and
with the | 20 | | consent of the prosecution, to enter the drug court program | 21 | | before plea, conviction,
or disposition, expedite the | 22 | | defendant's criminal case
before conviction or before filing | 23 | | of a criminal case and requires successful
completion of the | 24 | | drug court program as part of the agreement.
| 25 | | "Post-adjudicatory drug court program" means a program | 26 | | that
allows an individual who in which the
defendant has |
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| 1 | | admitted
guilt
or has been found guilty and agrees, along with | 2 | | the prosecution, to enter a
drug
court program as part of the | 3 | | defendant's sentence.
| 4 | | "Combination drug court program" means a drug court | 5 | | program that includes a
pre-adjudicatory drug court program | 6 | | and a post-adjudicatory drug court program.
| 7 | | "Co-occurring mental health and substance use court
| 8 | | program" means a program that includes persons with | 9 | | co-occurring
mental illness and substance use disorder. Such | 10 | | programs shall include professionals with training and | 11 | | experience in treating persons with
substance use disorders | 12 | | and mental illness. | 13 | | "Problem-Solving Courts (PSC) Standards" means the | 14 | | statewide
Standards Adopted by the Illinois Supreme Court | 15 | | which set forth the
minimum requirements for the planning, | 16 | | establishment, certification,
operation and evaluation of all | 17 | | problem-solving courts in Illinois. | 18 | | "Certification" means the process by which a | 19 | | problem-solving court
obtains approval from the Supreme Court | 20 | | to operate in accordance with the
Problem-Solving Court | 21 | | Standards. | 22 | | "Clinical treatment plan" means an evidence-based,
| 23 | | comprehensive, and individualized plan that is developed by a | 24 | | qualified
professional in accordance with IDHS/SUPR | 25 | | regulations contained in
Part 2060 of Title 77 of the Illinois | 26 | | Administrative Code or an
equivalent standard in any other |
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| 1 | | state where treatment may take place.
The clinical treatment | 2 | | plan shall define the scope of
treatment services to be | 3 | | delivered by a court treatment provider. | 4 | | "Validated clinical assessment" may include assessment | 5 | | tools
required by public or private insurance. | 6 | | "Peer recovery coach" means a mentor assigned to a | 7 | | defendant
during participation in a drug treatment court | 8 | | program who has been
trained by the court, a service provider | 9 | | used by
the court for substance use disorder or mental health | 10 | | treatment, a local service
provider with established peer | 11 | | recovery coach or mentor programs not
otherwise used by the | 12 | | court for treatment, or be a
Certified
Recovery Support | 13 | | Specialist (CRSS) certified by the Illinois Certification | 14 | | Board.
Peer recovery coaches should be individuals with lived | 15 | | experiences of the issues problem solving courts seek to | 16 | | address,
including but not limited to substance use disorders, | 17 | | mental health and
co-occurring disorders, and involvement with | 18 | | the criminal justice system. Peer recovery coaches shall guide | 19 | | and mentor the participant to successfully complete
assigned | 20 | | requirements and work to help facilitate participants'
| 21 | | independence for continued success once the supports of the | 22 | | court are
no longer available to them. | 23 | | "Community mental health center" means an entity: (1) | 24 | | licensed by
the Illinois Department of Public Health as a | 25 | | community mental health
center in accordance with the | 26 | | conditions of participation for community mental health
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| 1 | | centers established by the Centers for Medicare and Medicaid
| 2 | | Services; and (2) that provides
outpatient services, including | 3 | | specialized outpatient services, for individuals
who are | 4 | | chronically mentally ill. | 5 | | "Community behavioral health center" means a physical site | 6 | | where
behavioral healthcare services are provided in | 7 | | accordance with the Community Behavioral Health Center | 8 | | Infrastructure 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
| 13 | | establish a
drug
court program in compliance with the | 14 | | Problem-Solving Court Standards. At the
discretion of the | 15 | | Chief Judge, the drug court program may be operated in
one or | 16 | | more counties of the circuit and allow the defendants from all
| 17 | | counties within the circuit to participate. Drug court | 18 | | programs must be
certified by the Supreme Court including the | 19 | | format under which it operates under
this Act .
| 20 | | (b) Whenever the county boards of 2 or more counties | 21 | | within the same judicial circuit shall determine that a single | 22 | | drug court program would best serve those counties, the county | 23 | | board of each such county shall adopt a resolution to the | 24 | | effect that there shall be a single drug court program serving | 25 | | those counties, and shall provide a copy of the resolution to |
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| 1 | | the Chief Judge of the judicial circuit. Upon receipt of those | 2 | | resolutions, the Chief Judge shall establish or, in the case | 3 | | of an existing drug court program, re-organize a single drug | 4 | | court program to serve those counties. | 5 | | (c) (Blank). Upon petition of the county board by the | 6 | | State's Attorney, the court may, for good cause shown of | 7 | | financial hardship or lack of necessary resources, enter an | 8 | | order delaying the implementation of the requirements of | 9 | | subsection (a) of this Section for an individual county, for a | 10 | | period 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 | 15 | | only upon the
agreement of the defendant and with the approval | 16 | | of the
court. A defendant agrees to be admitted when a Written
| 17 | | Consent to Participate is provided to the Court in open court | 18 | | and
the defendant acknowledges understanding its contents. | 19 | | (a-5) Each drug court shall have a target population | 20 | | defined in
its written Policies and Procedures. The Policies | 21 | | and Procedures shall
define that court's eligibility and | 22 | | exclusionary criteria.
| 23 | | (b) A defendant shall be excluded from a drug court | 24 | | program 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 | 26 | | admitted into a drug court program only upon the agreement of |
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| 1 | | the 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 | 19 | | needs an assessment of the
defendant shall be performed as | 20 | | required by
the Court's Policies and Procedures by an agent | 21 | | designated by the State of Illinois to provide assessment
| 22 | | services for the Illinois Courts . The assessment shall be | 23 | | conducted in accordance with
IDHS/SUPR regulations contained | 24 | | in Part 2060 of Title 77 of the
Illinois Administrative Code. | 25 | | The assessment shall include, but not be
limited to, |
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| 1 | | assessments of substance use, mental and behavioral health
| 2 | | needs.
The assessment shall be administered by individuals
who | 3 | | meet the IDHS/SUPR regulations for professional staff | 4 | | contained in
Part 2060 of Title 77 of the Illinois | 5 | | Administrative Code and used to inform any Clinical Treatment | 6 | | Plans. Clinical Treatment
Plans
shall be developed in | 7 | | accordance with Illinois PSC Standards and, in part, upon the | 8 | | known availability of
treatment resources. An assessment need | 9 | | not be ordered if the
court finds a valid assessment related to | 10 | | the 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 conditions of the drug court | 14 | | program, eligibility to participate in
the
program may be | 15 | | revoked and the defendant may be sentenced or the prosecution
| 16 | | continued as provided in
the
Unified Code of Corrections for | 17 | | 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 | | substance use disorder abuse treatment in an outpatient,
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| 1 | | inpatient,
residential, or jail-based custodial treatment | 2 | | program , order the defendant to
complete mental health | 3 | | counseling in an inpatient or outpatient basis,
comply with | 4 | | physicians' recommendation regarding medications and all
| 5 | | follow up treatment for any mental health diagnosis made by | 6 | | the provider.
Substance use disorder treatment programs must | 7 | | be licensed by IDHS/SUPR, or equivalent standards in
any state | 8 | | where treatment may be provided, and use evidence-based | 9 | | treatment. When referring participants to mental health | 10 | | treatment
programs, the court shall prioritize providers | 11 | | certified as community
mental health or behavioral health | 12 | | centers as possible. The court shall
prioritize the least | 13 | | restrictive treatment option when ordering
mental health or | 14 | | substance use disorder treatment for participants. The
court | 15 | | may 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 drug court program shall include a regimen of | 25 | | 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 | | substance drug
analysis testing, close monitoring by the | 3 | | court , restitution at a minimum of once every 30
days
and | 4 | | supervision of progress , educational or vocational counseling | 5 | | as
appropriate, and other
requirements necessary to fulfill | 6 | | the drug court program. Program phases, therapeutic
| 7 | | adjustments, incentives, and sanctions, including the use of | 8 | | jail
sanctions, shall be administered in accordance with | 9 | | evidence-based
practices and the Illinois PSC Standards. If | 10 | | the defendant needs treatment for an opioid use disorder abuse | 11 | | or dependence, the court may not prohibit the defendant from | 12 | | participating in and
receiving medication assisted treatment | 13 | | under the care of
a physician licensed in this State to | 14 | | practice medicine in all
of its branches. Drug court | 15 | | participants may not be required to refrain from using | 16 | | medication assisted treatment as a term or condition of | 17 | | successful completion of the drug court program. | 18 | | (f) Recognizing that individuals struggling with mental
| 19 | | health, substance use, and related co-occurring disorders have | 20 | | often
experienced trauma, drug court programs may include | 21 | | specialized
service programs specifically designed to address | 22 | | trauma. These
specialized services may be offered to | 23 | | defendants admitted to the
drug court program. Judicial | 24 | | circuits establishing these specialized
programs shall partner | 25 | | with advocates, survivors, and service providers
in the | 26 | | development of the programs. Trauma-informed services and
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| 1 | | programming should be operated in accordance with | 2 | | evidence-based practices as
outlined by the Substance Abuse | 3 | | and Mental Health Service
Administration's National Center for | 4 | | Trauma Informed Care (SAMHSA). | 5 | | (g) The Court may establish a mentorship program that
| 6 | | provides access and support to program participants by peer
| 7 | | recovery coaches. Courts shall be responsible to administer | 8 | | the
mentorship program with the support of mentors and local | 9 | | mental
health and substance use disorder treatment | 10 | | organizations.
| 11 | | (Source: P.A. 99-554, eff. 1-1-17 .)
| 12 | | (730 ILCS 166/30)
| 13 | | Sec. 30. Mental health and substance use disorder | 14 | | Substance abuse treatment.
| 15 | | (a) The drug court program shall maintain a network of | 16 | | substance use disorder abuse
treatment programs representing a | 17 | | continuum of graduated substance use disorder abuse
treatment | 18 | | options commensurate with the needs of defendants.
| 19 | | (b) Any substance use disorder abuse treatment program to | 20 | | which defendants are referred
must be licensed by IDHS/SUPR, | 21 | | use
evidence-based treatment, and deliver all services in | 22 | | accordance with the
regulations contained in Part meet all of | 23 | | the rules and governing programs in
Parts 2030 and 2060 of | 24 | | Title 77 of the Illinois Administrative Code.
| 25 | | (c) The drug court program may, at its discretion, employ |
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| 1 | | additional
services or
interventions, as it deems necessary on | 2 | | a case by case basis. | 3 | | (d) The drug court program may maintain or collaborate | 4 | | with
a network of mental health treatment programs | 5 | | representing a
continuum of treatment options commensurate | 6 | | with the needs of the
defendant and available resources | 7 | | including programs with the State
of Illinois and | 8 | | community-based programs supported and sanctioned by
the State | 9 | | of Illinois. Partnerships with providers certified as | 10 | | community
mental health or behavioral health centers shall be | 11 | | prioritized 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 | 16 | | including but not limited
to the reports or
proffers of proof | 17 | | from 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 ;
| 3 | | the court may impose reasonable sanctions
under prior written | 4 | | agreement of the defendant, including but not limited to
| 5 | | imprisonment or dismissal of the defendant from the program | 6 | | and the court may
reinstate
criminal proceedings against the | 7 | | defendant him or her or proceed under Section 5-6-4 of the
| 8 | | Unified Code of Corrections for a violation of probation,
| 9 | | conditional discharge,
or supervision hearing. Based on the | 10 | | evidence presented, the court
shall determine whether the | 11 | | defendant has violated the conditions of
the program and | 12 | | whether the defendant should be dismissed from the
program or | 13 | | whether, pursuant to the court's Policies and Procedures,
some | 14 | | other alternative may be appropriate in the interests of the
| 15 | | defendant and the public. | 16 | | (a-5) A defendant who is assigned to a substance use | 17 | | disorder abuse treatment program under this Act for an opioid | 18 | | use disorder abuse or dependence is not in violation of the | 19 | | terms or conditions of the program on the basis of his or her | 20 | | participation in medication assisted treatment under the care | 21 | | of a physician licensed in this State to practice medicine in | 22 | | all of its branches.
| 23 | | (a-10) A defendant may voluntarily withdraw from the drug | 24 | | court
Program in accordance with the drug court program's | 25 | | policies and procedures.
Prior to allowing the participant to | 26 | | withdraw, 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 | 9 | | reinstated against the
defendant or proceedings under Section | 10 | | 5-6-4 of the Unified Code of Corrections
for a violation of | 11 | | probation, conditional discharge, or supervision hearing
may | 12 | | be initiated. | 13 | | (a-15) No defendant may be dismissed from the program | 14 | | unless, prior
to such dismissal, the defendant is informed in | 15 | | writing: | 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 | 23 | | of the program,
the
court may dismiss the original charges | 24 | | against the defendant or successfully
terminate the | 25 | | defendant's sentence or otherwise discharge him or her from | 26 | | any
further proceedings against the defendant him or her in |
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| 1 | | the original prosecution. | 2 | | (c) Upon successful completion of the terms and conditions
| 3 | | of the program, any State's Attorney in the county of | 4 | | conviction
may move to vacate convictions held by the | 5 | | defendant that are
eligible for sealing under the Criminal | 6 | | Identification Act. Participants may immediately file | 7 | | petitions to
expunge vacated convictions and the associated | 8 | | underlying records
per the Criminal Identification Act. In | 9 | | cases where the State's
Attorney moves to vacate a conviction, | 10 | | the State's Attorney may not object to expungement
of that | 11 | | conviction or the underlying record. | 12 | | (d) The drug court program may maintain or collaborate | 13 | | with
a network of legal aid organizations that specialize in | 14 | | conviction
relief to support participants navigating the | 15 | | expungement 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 | 19 | | to
preside over a PSC should have experience and training and
| 20 | | continuing 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
| 23 | | disorders; (7) mental illness; (8) co-occurring disorders;
and | 24 | | (9) presiding over various types of PSCs. The Administrative | 25 | | Office of the Illinois Courts shall conduct education seminars |
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| 1 | | for judges throughout the State on how to operate drug court | 2 | | programs with a specific emphasis on cases involving the | 3 | | illegal 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. | 7 | | Subject to appropriation, the Office of the State's Attorneys | 8 | | Appellate Prosecutor shall conduct mandatory education | 9 | | seminars on the subjects of substance abuse and addiction for | 10 | | all drug court prosecutors throughout the State to ensure that | 11 | | the
PSC maintains fidelity to the PSC model. Topics include, | 12 | | but are not
limited to, evidence-based screening, assessment | 13 | | and treatment practices,
target population, substance use | 14 | | disorders, mental illness, disability, co-occurring disorders, | 15 | | trauma, confidentiality, criminogenic risks and needs,
| 16 | | incentives and sanctions, court processes, limited English | 17 | | proficiency 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 | 21 | | defenders. Subject to appropriation, the Office of the State | 22 | | Appellate Defender shall conduct mandatory education seminars | 23 | | on the subjects of substance abuse and addiction for all | 24 | | public defenders and assistant public defenders practicing in |
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| 1 | | drug courts throughout the State to ensure that the
PSC | 2 | | maintains fidelity to the PSC model. Topics include, but are | 3 | | not
limited to, evidence-based screening, assessment and | 4 | | treatment practices,
target population, substance use | 5 | | disorders, mental illness, disability, co-
occurring | 6 | | disorders, trauma, confidentiality, criminogenic risks and | 7 | | needs,
incentives and sanctions, court processes, limited | 8 | | English proficiency and
team dynamics .
| 9 | | (Source: P.A. 99-480, eff. 9-9-15.) | 10 | | Section 10. The Veterans and Servicemembers Court
| 11 | | Treatment Act is amended by changing Sections 5, 10, 15, 20, | 12 | | 25, 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 | 15 | | veterans and active servicemembers, including , Reserve
and | 16 | | National Guard servicemembers have provided or are currently | 17 | | providing an invaluable
service to our country. Some veterans | 18 | | and
active duty servicemembers In so doing, some may suffer | 19 | | from the effects of their service , including but not limited | 20 | | to,
post traumatic stress disorder, traumatic brain injury, | 21 | | depression and may also suffer drug and
alcohol dependency or | 22 | | addiction and co-occurring mental illness and substance use | 23 | | disorders abuse problems .
As a result of this , some veterans | 24 | | or active duty servicemembers come into contact with the
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| 1 | | criminal justice system and are charged with felony or | 2 | | misdemeanor offenses. There is a critical
need for the | 3 | | criminal justice system to recognize these veterans struggling | 4 | | with these
issues , provide accountability for their
| 5 | | wrongdoing, provide for the safety of the public and provide | 6 | | for the treatment of such our veterans. It
is the intent of the | 7 | | General Assembly to create specialized veteran and | 8 | | servicemember courts , in accordance with evidence-based
| 9 | | practices, and Illinois Supreme Court Standards for addressing | 10 | | substance
use, mental health and co-occurring disorders or
| 11 | | programs with the necessary flexibility to meet the | 12 | | specialized needs for an
array of services and supports among | 13 | | participants in problems faced by these veteran
and | 14 | | servicemember court programs in the State of Illinois | 15 | | defendants .
| 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 | 20 | | problem-solving
court obtains approval from the Supreme Court | 21 | | to operate in accordance
with the Problem-Solving Court | 22 | | Standards. | 23 | | "Clinical Treatment Plan" means an evidence-based,
| 24 | | comprehensive, and individualized plan developed by a | 25 | | qualified
professional in accordance with IDHS/SUPR |
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| 1 | | regulations contained in
Part 2060 of Title 77 of the Illinois | 2 | | Administrative Code, or an
equivalent standard in any other | 3 | | state where treatment may take place.
The clinical treatment | 4 | | plan shall define the scope of treatment services to be | 5 | | delivered by a treatment provider. | 6 | | "Combination Veterans and Servicemembers Court program" | 7 | | means a court program that
includes a pre-adjudicatory and a | 8 | | post-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 | 11 | | veteran or servicemember during participation in a
veteran | 12 | | treatment court program who has been trained by the court,
a | 13 | | service provider used by the court for substance use or mental
| 14 | | health treatment, a local service provider with established | 15 | | peer recovery
coach or mentor programs not otherwise used by | 16 | | the court for treatment,
or be a Certified Recovery Support | 17 | | Specialist (CRSS) certified by the
Illinois Certification | 18 | | Board. Peer recovery coaches should be individuals
with lived | 19 | | experiences of the issues problem solving courts seek to
| 20 | | address, including, but not limited to, substance use | 21 | | disorders, mental
health and co-occurring disorders and | 22 | | involvement with the criminal
justice system. Peer recovery | 23 | | coaches shall guide and mentor the
participant to successfully | 24 | | complete assigned requirements and
work to help facilitate | 25 | | participants' independence for continued
success once the | 26 | | supports of the court are no longer available to them. |
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| 1 | | "Pre-adjudicatory Veterans and Servicemembers Court | 2 | | Program"
means a program that allows the defendant, who agrees | 3 | | and with the consent
of the prosecution, to enter the drug | 4 | | court program before plea, conviction,
or disposition, and | 5 | | requires successful completion of the Veterans and | 6 | | Servicemembers Court programs as part of the agreement. | 7 | | "Post-adjudicatory Veterans and Servicemembers Court
| 8 | | Program" means a program that allows an individual who
has | 9 | | admitted guilt or has been found guilty and agrees, along with | 10 | | the
prosecution, to enter a Veterans and Servicemembers Court
| 11 | | program as part of the defendant's sentence. | 12 | | "Problem-Solving Court Standards" means the statewide | 13 | | Standards
adopted by the Illinois Supreme Court which set | 14 | | forth the minimum
requirements for the planning, | 15 | | establishment, certification, operation
and evaluation of all | 16 | | problem-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 | 20 | | assigned to a veteran or servicemember during participation in | 21 | | a veteran treatment court program who has been trained and | 22 | | certified by the court to guide and mentor the participant to | 23 | | successfully complete the assigned requirements. | 24 | | "Post-adjudicatory Veterans and Servicemembers Court | 25 | | Program" means a program in
which the defendant has admitted | 26 | | guilt or has been found guilty and agrees, along with the
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| 1 | | prosecution, to enter a Veterans and Servicemembers Court | 2 | | program as part of the defendant's
sentence.
| 3 | | "Pre-adjudicatory Veterans and Servicemembers Court | 4 | | Program" means a program that
allows the defendant with the | 5 | | consent of the prosecution, to expedite the defendant's | 6 | | criminal
case before conviction or before filing of a criminal | 7 | | case and requires successful completion of
the Veterans and | 8 | | Servicemembers Court programs as part of the agreement.
| 9 | | "Servicemember" means a person who is currently serving in | 10 | | the Army, Air Force,
Marines, Navy, or Coast Guard on active | 11 | | duty, reserve status or in the National Guard.
| 12 | | "VA" means the United States Department of Veterans' | 13 | | Affairs. | 14 | | "VAC" means a veterans assistance commission. | 15 | | "Validated Clinical Assessment" may include assessment | 16 | | tools
required by public or private insurance. | 17 | | "Veteran" means a person who served in the active | 18 | | military, naval, or air service and who
was discharged or | 19 | | released therefrom under conditions other than dishonorable.
| 20 | | "Veterans and Servicemembers Court professional" means a | 21 | | member of the Veterans and
Servicemembers Court team, | 22 | | including but not limited to a judge, prosecutor, defense
| 23 | | attorney, probation officer, coordinator, treatment provider, | 24 | | or peer recovery coach.
| 25 | | "Veterans and Servicemembers Court" means a court or | 26 | | program with an immediate and
highly structured judicial |
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| 1 | | intervention process for substance abuse treatment, mental | 2 | | health, or
other assessed treatment needs of eligible veteran | 3 | | and servicemember defendants that brings
together substance | 4 | | abuse professionals, mental health professionals, VA | 5 | | professionals, local
social programs and intensive judicial | 6 | | monitoring in accordance with the nationally
recommended 10 | 7 | | key components of drug courts.
| 8 | | "Veterans and Servicemembers Court" "Veterans and | 9 | | Servicemembers
Court program", "court", or "program" for the | 10 | | purposes of this Act means
a specially designated court, court | 11 | | calendar or docket facilitating
intensive therapeutic | 12 | | treatment to monitor or assist veteran or servicemember | 13 | | participants with substance use disorders, mental health, | 14 | | co-occurring
disorders or other assessed treatment needs of | 15 | | eligible veteran and
servicemember participants. Veterans and | 16 | | servicemember court programs
are nonadversarial in nature and | 17 | | bring together substance use disorder professionals, mental | 18 | | health professionals, VA professionals, and
local social | 19 | | programs in accordance with the nationally recommended 10 key | 20 | | components of drug courts and Illinois Supreme Court | 21 | | Problem-Solving Court
Standards. Common features of drug court | 22 | | programs include, but are not
limited to, a designated judge | 23 | | and staff; specialized intake and screening
procedures; | 24 | | coordinated treatment procedures administered by a trained,
| 25 | | multidisciplinary professional team; close evaluation of | 26 | | participants,
including continued assessments and modification |
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| 1 | | of the court requirements
and use of sanctions, incentives and | 2 | | therapeutic adjustments to address
behavior; frequent judicial | 3 | | interaction with participants; less formal court
process and | 4 | | procedures; voluntary participation; and a low treatment | 5 | | staff-to-
client ratio. | 6 | | "Veterans and Servicemembers Court professional" means a
| 7 | | member of the Veterans and Servicemembers Court team, | 8 | | including
but not limited to a judge, prosecutor, defense | 9 | | attorney,
probation officer, coordinator, treatment provider, | 10 | | or peer
recovery coach. | 11 | | "Community Mental Health Center" means an entity licensed | 12 | | by the Illinois Department of Public Health as a Community | 13 | | Mental Health Center in accordance with the conditions of | 14 | | participation for Community Mental Health Centers established | 15 | | by the Center for Medicare & Medicaid Services. Community | 16 | | Mental Health Centers means an entity that provides outpatient | 17 | | services, including specialized outpatient services for | 18 | | individuals who are chronically mentally ill. | 19 | | "Community Behavioral Health Center" means a physical site | 20 | | where behavioral healthcare services are provided in | 21 | | accordance with the Community Behavioral Health Center | 22 | | Infrastructure 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 | 2 | | establish a
Veterans and Servicemembers Court program in | 3 | | compliance with the Problem-Solving Court Standards including | 4 | | a format under which it operates under
this Act . The Veterans | 5 | | and Servicemembers Court may, at the discretion of the Chief | 6 | | Judge, be a
separate court or a program of a problem-solving | 7 | | court, including , but not limited to , a drug court , or mental | 8 | | health court , or operate for defendants with
either substance | 9 | | use, mental health or co-occurring disorders . At the | 10 | | discretion of the Chief
Judge, the Veterans and Servicemembers | 11 | | Court program may be operated in one or more counties in the
| 12 | | Circuit, and allow veteran and servicemember defendants from | 13 | | all counties within the Circuit to
participate.
| 14 | | (b) Whenever the county boards of 2 or more counties | 15 | | within
the same judicial circuit shall determine that a single | 16 | | veterans
and servicemembers court program would best serve | 17 | | those counties,
the county board of each such county shall | 18 | | adopt a resolution to
the effect that there shall be a single | 19 | | veterans and servicemembers
court program serving those | 20 | | counties, and shall provide a copy of
the resolution to the | 21 | | Chief Judge of the judicial circuit. Upon
receipt of those | 22 | | resolutions, the Chief Judge shall establish, or,
in the case | 23 | | of an existing veterans and servicemembers court program,
| 24 | | re-organize a single veterans and servicemembers court program | 25 | | to
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 | 3 | | eligible for Veterans and
Servicemembers Courts, provided the | 4 | | following:
| 5 | | (a) A defendant may be admitted to a Veterans and | 6 | | Servicemembers
Court certified by the Illinois Supreme Court , | 7 | | who is eligible for probation based on the nature of the crime | 8 | | convicted of and in consideration of his or her criminal | 9 | | background, if any, may be admitted into a Veterans and | 10 | | Servicemembers Court program
before adjudication only upon the | 11 | | agreement of the defendant and with the approval of the Court. | 12 | | Defendants agree to be admitted when a Written Consent to
| 13 | | Participate is provided to the Court in open court and the | 14 | | defendant
acknowledges understanding its contents
A defendant | 15 | | may be admitted into a Veterans and Servicemembers Court | 16 | | program post-adjudication only with the approval of the court . | 17 | | (b) Each Veterans and Servicemembers Court shall have a | 18 | | targeted
population defined in its written Policies and | 19 | | Procedures. The Policies
and Procedures shall define that | 20 | | court's eligibility and exclusionary
criteria. A defendant | 21 | | shall be excluded from Veterans and Servicemembers Court | 22 | | program 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
| 23 | | admitted into a drug court program only upon the agreement of
| 24 | | 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. | 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 | 12 | | eligibility screening and an
assessment of the
defendant shall | 13 | | be performed as required by the Court's Policies
and | 14 | | Procedures. The assessment shall be conducted through the VA, | 15 | | VAC, and/or the IDVA to provide information on the defendant's | 16 | | veteran
or servicemember status.
| 17 | | (b) A The Court shall order the defendant to submit to an | 18 | | eligibility screening and mental
health and substance use | 19 | | disorder drug/alcohol screening and assessment of the | 20 | | defendant by the VA, VAC, or by the IDVA shall be performed as | 21 | | required by the Court's Policies and
Procedures to
provide | 22 | | assessment services for Illinois Courts . The assessment shall | 23 | | include , but is not limited to a validated clinical | 24 | | assessment.
The assessment shall include, but not be limited | 25 | | to,
assessments of substance use, mental and behavioral health |
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| 1 | | needs.
The assessment shall be administered by a qualified | 2 | | clinician of the VA, VAC, or IDVA, or individuals who meet the | 3 | | IDHS/SUPR
regulations for professional staff contained in Part | 4 | | 2060 of
Title 77 of the Illinois Administrative Code, or an | 5 | | equivalent
Standard in any other state where treatment may | 6 | | take place, and used to inform any clinical treatment plans. | 7 | | Clinical treatment
plans shall be developed, in accordance | 8 | | with Illinois PSC Standards and risks
assessment and be based , | 9 | | in part, upon the known availability of treatment resources | 10 | | available to
the Veterans and Servicemembers Court. The | 11 | | assessment shall also include recommendations
for treatment of | 12 | | the conditions which are indicating a need for treatment under | 13 | | the monitoring
of the Court and be reflective of a level of | 14 | | risk assessed for the individual seeking admission. An
| 15 | | assessment need not be ordered if the Court finds a valid | 16 | | screening and/or assessment related to
the present charge | 17 | | pending against the defendant has been completed within the | 18 | | previous 60
days.
| 19 | | (c) The judge shall inform the defendant that if the | 20 | | defendant fails to meet the conditions
of the Veterans and | 21 | | Servicemembers Court program, eligibility to participate in | 22 | | the program may
be revoked and the defendant may be sentenced | 23 | | or the prosecution continued as provided in the
Unified Code | 24 | | of Corrections for the crime charged.
| 25 | | (d) The defendant shall execute a written agreement with | 26 | | the Court as to his or her
participation in the program and |
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| 1 | | shall agree to all of the terms and conditions of the program,
| 2 | | including but not limited to the possibility of sanctions or | 3 | | incarceration for failing to abide or
comply with the terms of | 4 | | the program.
| 5 | | (e) In addition to any conditions authorized under the | 6 | | Pretrial Services Act and Section 5-6-3 of the Unified Code of | 7 | | Corrections, the Court may order the defendant to complete | 8 | | substance use disorder
abuse treatment in an outpatient, | 9 | | inpatient, residential, or jail-based custodial treatment | 10 | | program,
order the defendant to complete mental health | 11 | | counseling in an inpatient or outpatient basis,
comply with | 12 | | physicians' recommendation regarding medications and all | 13 | | follow up treatment for any mental health diagnosis made by | 14 | | the provider .
Substance
use treatment programs must be | 15 | | licensed by IDPH/SUPR, or
an equivalent standard in any other | 16 | | state where treatment may take place,
and
use evidence-based | 17 | | treatment. When
referring participants to mental health | 18 | | treatment programs, the
court shall prioritize providers | 19 | | certified as community mental
health or behavioral health | 20 | | centers as possible. The court shall
prioritize the least | 21 | | restrictive treatment option when ordering
mental health or | 22 | | substance use treatment for participants. The
court may order | 23 | | jail-based custodial treatment if it finds that
jail-based | 24 | | treatment is the least restrictive alternative based on
| 25 | | evidence that efforts were made to locate less restrictive | 26 | | alternatives
to secure confinement and the reasons why efforts |
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| 1 | | were unsuccessful in
locating a less restrictive alternative | 2 | | to jail-based custodial treatment. This treatment may include | 3 | | but is not limited to post-traumatic stress disorder, | 4 | | traumatic brain
injury and depression.
| 5 | | (e-5) The veterans and servicemembers treatment court | 6 | | shall include
a regimen of graduated requirements, individual | 7 | | and group therapy substance
analysis testing, close monitoring | 8 | | by the court, supervision of progress,
restitution, | 9 | | educational or vocational counseling as appropriate, and other
| 10 | | requirements necessary to fulfill the drug court program. | 11 | | Program phases,
therapeutic adjustments, incentives, and | 12 | | sanctions, including the use of
jail sanctions, shall be | 13 | | administered in accordance with evidence-based practices
and | 14 | | the Illinois PSC Standards. If the defendant needs treatment | 15 | | for an opioid
use disorder or dependence, the court may not | 16 | | prohibit the defendant from
participating in and receiving | 17 | | medication assisted treatment under the care
of a physician | 18 | | licensed in this State to practice medicine in all of its
| 19 | | branches. Veteran and servicemembers court participants may | 20 | | not be required
to refrain from using medication assisted | 21 | | treatment as a term or condition of successful completion of | 22 | | the drug court program. | 23 | | (e-10) Recognizing that individuals struggling with
mental | 24 | | health, substance use and related co-occurring disorders have
| 25 | | often experienced trauma, veterans and servicemembers court | 26 | | programs
may include specialized service programs specifically |
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| 1 | | designed to
address trauma. These specialized services may be | 2 | | offered to defendants
admitted to the mental health court | 3 | | program. Judicial circuits
establishing these specialized | 4 | | programs shall partner with advocates,
survivors, and service | 5 | | providers in the development of the programs.
Trauma-informed | 6 | | services and programming should be operated in
accordance with | 7 | | evidence-based practices as outlined by the Substance Abuse
| 8 | | and Mental Health Service Administration's National Center for | 9 | | Trauma
Informed Care (SAMHSA).
| 10 | | (f) The Court may establish a mentorship program that | 11 | | provides access and support to program participants by peer | 12 | | recovery coaches. Courts shall be responsible to administer | 13 | | the mentorship program with the support of volunteer veterans | 14 | | and local veteran service organizations, including a VAC. Peer | 15 | | recovery coaches shall be trained and certified by the Court | 16 | | prior 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 | 20 | | treatment. | 21 | | (a) The Veterans and Servicemembers Court program may | 22 | | maintain a network of
substance use disorder abuse treatment | 23 | | programs representing a continuum of graduated substance use | 24 | | disorder abuse
treatment options commensurate with the needs | 25 | | of defendants; these shall include programs with
the VA, IDVA, |
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| 1 | | a VAC, the State of Illinois and community-based programs | 2 | | supported and sanctioned by
either or both.
| 3 | | (b) Any substance use abuse treatment program to which | 4 | | defendants are referred must be licensed by IDHS/SUPR, or an | 5 | | equivalent
standard in any other state where treatment may | 6 | | take place, use evidence-based treatment, and deliver all | 7 | | services
in accordance with the regulations contained meet
all | 8 | | of the rules and governing programs in Parts 2030 and 2060 of | 9 | | Title 77 of the Illinois
Administrative Code , or an equivalent | 10 | | standard in
any other state where treatment may take place .
| 11 | | (c) The Veterans and Servicemembers Court program may, in | 12 | | its discretion, employ
additional services or interventions, | 13 | | as it deems necessary on a case by case basis.
| 14 | | (d) The Veterans and Servicemembers Court program may | 15 | | maintain or collaborate with a
network of mental health | 16 | | treatment programs and, if it is a co-occurring mental health | 17 | | and
substance use disorder abuse court program, a network of | 18 | | substance use disorder abuse treatment programs representing a
| 19 | | continuum of treatment options commensurate with the needs of | 20 | | the defendant and available
resources including programs with | 21 | | the VA, the IDVA, a VAC, and the State of Illinois.
When not | 22 | | using mental health treatment
or services available through | 23 | | the VA, IDVA or VAC, partnerships
with providers certified as | 24 | | community mental health or behavioral
health centers shall be | 25 | | prioritized 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 | 4 | | including but not limited to the reports
or proffers of proof | 5 | | from 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 | 5 | | disorder treatment
program under this Act for an opioid use | 6 | | disorder is not in violation of the
terms or conditions of the | 7 | | program on the basis of his or her participation
in medication | 8 | | assisted treatment under the care of a physician licensed to | 9 | | practice medicine in all of its branches. | 10 | | (a-10) A defendant may voluntarily withdraw from the drug | 11 | | court program
In accordance with the drug court program's | 12 | | policies and procedures. Prior to
allowing the participant to | 13 | | withdraw, 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 | 22 | | reinstated against the defendant or proceedings under Section | 23 | | 5-6-4 of the Unified Code of Corrections for a violation of | 24 | | probation, conditional discharge, or supervision hearing may | 25 | | be initiated. | 26 | | (b) Upon successful completion of the terms and conditions |
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| 1 | | of the program, the Court
may dismiss the original charges | 2 | | against the defendant or successfully terminate the | 3 | | defendant's
sentence or otherwise discharge him or her from | 4 | | any further proceedings against the defendant him or her in
| 5 | | the original prosecution.
| 6 | | (c) Upon successful completion of the terms and conditions | 7 | | of
the program, any State's Attorney in the county of | 8 | | conviction may
move to vacate any convictions eligible for | 9 | | sealing under the Criminal
Identification Act. Defendants may | 10 | | immediately file
petitions to expunge vacated convictions and | 11 | | the associated underlying
records per the Criminal | 12 | | Identification Act. In cases where the State's
Attorney moves | 13 | | to vacate a conviction, the State's
Attorney may not object to | 14 | | expungement
of that conviction or the underlying record. | 15 | | (d) Veterans and servicemembers court programs may | 16 | | maintain or
collaborate with a network of legal aid | 17 | | organizations that specialize in
conviction relief to support | 18 | | participants 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 | 22 | | over a PSC should have experience and training and
continuing | 23 | | education in topics, including, but not limited to:
(1) | 24 | | criminal law; (2) behavioral health; (3) confidentiality;
(4) | 25 | | ethics; (5) evidence-based practices; (6) substance use
|
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| 1 | | Disorders; (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 | 5 | | Servicemembers
Court prosecutors. Subject to appropriation, | 6 | | the Office of the
State's Attorneys Appellate Prosecutor shall | 7 | | conduct mandatory
education seminars on the subjects of | 8 | | substance use disorders, addiction
and mental health, for all | 9 | | Veterans and Servicemembers Court
prosecutors throughout the | 10 | | State to ensure that the PSC
maintains fidelity to the PSC | 11 | | model. Topics include, but are not
limited to, evidence-based | 12 | | screening, assessment and treatment
practices, target | 13 | | population, substance use disorders, mental illness,
| 14 | | disability, co-occurring disorders, trauma, confidentiality, | 15 | | criminogenic
risks and needs, incentives and sanctions, court | 16 | | processes, limited
English proficiency and team dynamics. | 17 | | (730 ILCS 167/50 new) | 18 | | Sec. 50. Education seminars for public defenders. Subject | 19 | | to
appropriation, the Office of the State Appellate Defender | 20 | | shall
conduct mandatory education seminars for all public
| 21 | | defenders and assistant public defenders practicing in | 22 | | Veterans
and Servicemembers Court courts throughout the State, | 23 | | to ensure
that the PSC maintains fidelity to the PSC model. | 24 | | Topics include,
but are not limited to, evidence-based |
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| 1 | | screening, assessment and
training practices, target | 2 | | population, substance use disorders,
mental illness, | 3 | | disability, co-occurring disorders, trauma,
confidentiality, | 4 | | criminogenic risks and needs, incentives and
sanctions, court | 5 | | processes, limited English proficiency and team
dynamics. | 6 | | Section 15. The Mental Health Court Treatment Act is | 7 | | amended by changing Sections 5, 10, 15, 20, 25, 30, 35, 45 and | 8 | | by adding Sections 45, 50, and 55 as follows: | 9 | | (730 ILCS 168/5)
| 10 | | Sec. 5. Purposes. The General Assembly recognizes that | 11 | | individuals
with diagnosable mental illness may come into | 12 | | contact with the criminal
justice system and be charged with | 13 | | felony or misdemeanor offenses. a large percentage of criminal | 14 | | defendants have a diagnosable mental illness and that mental | 15 | | illnesses have a dramatic effect on the criminal justice | 16 | | system in the State of Illinois. The General Assembly also | 17 | | recognizes that mental illness and substance use disorders | 18 | | abuse problems co-occur in a substantial percentage of | 19 | | criminal defendants. There is a critical need for the a | 20 | | criminal justice system to recognize individuals struggling
| 21 | | with these issues, provide alternatives to incarceration to | 22 | | address
mental illness, and provide appropriate access to | 23 | | treatment and support
to such persons. program that will | 24 | | reduce the number of persons with mental illnesses and with |
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| 1 | | co-occurring mental illness and substance abuse problems in | 2 | | the criminal justice system, reduce recidivism among persons | 3 | | with mental illness and with co-occurring mental illness and | 4 | | substance abuse problems, provide appropriate treatment to | 5 | | persons with mental illnesses and co-occurring mental illness | 6 | | and substance abuse problems and reduce the incidence of | 7 | | crimes committed as a result of mental illnesses or | 8 | | co-occurring mental illness and substance abuse problems. It | 9 | | is the intent of the General Assembly to create specialized | 10 | | mental health courts , in accordance with evidence-based
| 11 | | practices and Illinois Supreme Court Standards for addressing | 12 | | substance
use and co-occurring disorders with the necessary | 13 | | flexibility to meet the needs for an array of services and | 14 | | supports among participants in mental health court programs | 15 | | problems of criminal defendants with mental illnesses and | 16 | | co-occurring mental illness and substance abuse problems in | 17 | | the 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, | 23 | | court calendar, or docket
facilitating intensive therapeutic | 24 | | treatment to monitor and assist
participants with structured | 25 | | judicial intervention process for mental illness. Mental |
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| 1 | | health
court programs are non-adversarial in nature and bring | 2 | | health treatment of eligible defendants that brings together | 3 | | mental health professionals, local social programs in
| 4 | | accordance with the nationally recommended essential elements | 5 | | of a
mental health court and Illinois Supreme Court | 6 | | Problem-Solving Standards.
Common features of mental health | 7 | | court programs include, but are not
limited to, a designated | 8 | | judge and staff; specialized intake and screening
procedures; | 9 | | coordinated treatment procedures administered by a trained,
| 10 | | multidisciplinary professional team; close evaluation of | 11 | | participants,
including continued assessments and modification | 12 | | of the court requirements
and use of sanctions, incentives and | 13 | | therapeutic adjustments to address
behavior; frequent judicial | 14 | | interaction with participants; less formal court
process and | 15 | | procedures; voluntary participation; and a low treatment | 16 | | staff-
to-client ratio , and intensive judicial monitoring . | 17 | | "Mental health court professional" means a member of the | 18 | | mental health court team, including
but not limited to a | 19 | | judge, prosecutor, defense attorney, probation officer, | 20 | | coordinator, treatment provider, or peer recovery coach. | 21 | | "Pre-adjudicatory mental health court program" means a | 22 | | program that allows the defendant, with their agreement and | 23 | | the consent of the prosecution, to enter the drug court | 24 | | program before
plea, conviction, or disposition expedite the | 25 | | defendant's criminal case before conviction or before filing | 26 | | of a criminal case and requires successful completion of the |
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| 1 | | mental health court program as part of the agreement. | 2 | | "Post-adjudicatory mental health court program" means a | 3 | | program that allows an individual who in which the defendant | 4 | | has admitted guilt or has been found guilty and agrees, along | 5 | | with the prosecution, to enter a mental health court program | 6 | | as part of the defendant's sentence. | 7 | | "Combination mental health court program" means a mental | 8 | | health court program that
includes a pre-adjudicatory mental | 9 | | health court program and a post-adjudicatory mental health | 10 | | court program. | 11 | | "Co-occurring mental health and substance use abuse court | 12 | | program" means a program that includes persons with | 13 | | co-occurring mental illness and substance use disorder abuse | 14 | | problems . Such programs
shall include professionals with | 15 | | training and experience in treating persons with substance use | 16 | | disorders abuse problems and mental illness.
| 17 | | "Problem-Solving Courts (PSC) Standards" means the | 18 | | statewide
standards adopted by the Illinois Supreme Court | 19 | | which set forth the
minimum requirements for the planning, | 20 | | establishment, certification,
operation and evaluation of all | 21 | | problem-solving courts in Illinois. | 22 | | "Certification" means the process by which a | 23 | | problem-solving
court obtains approval from the Supreme Court | 24 | | to operate in accordance
with the Problem-Solving Court | 25 | | Standards. | 26 | | "Clinical treatment plan" means an evidence-based,
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| 1 | | comprehensive, and individualized plan that is developed by
a | 2 | | qualified professional and
defines the scope of
treatment | 3 | | services to be delivered by a treatment provider. | 4 | | "Validated clinical assessment" may include assessment | 5 | | tools
required by public or private insurance. | 6 | | "Peer recovery coach" means a mentor assigned to a | 7 | | defendant
during participation in a mental health treatment | 8 | | court program who has been
trained by the court, a service | 9 | | provider used
by the court for substance use or mental health | 10 | | treatment, a local service provider
with established peer | 11 | | recovery coach or mentor programs not otherwise
used by the | 12 | | court for treatment, or be a Certified Recovery Support
| 13 | | Specialist (CRSS) certified by the Illinois Certification | 14 | | Board. Peer recovery coaches should be individuals with lived | 15 | | experience
of the issues
problem solving courts seek to | 16 | | address, including, but not limited to,
substance use | 17 | | disorders, mental health, and co-occurring disorders, and | 18 | | involvement with the criminal justice system. Peer recovery | 19 | | coaches
shall guide and mentor the participant to successfully | 20 | | complete
assigned requirements and work to help facilitate | 21 | | participants'
independence for continued success once the | 22 | | supports of the court are
no longer available to them. | 23 | | "Community Mental Health Center" means an entity licensed | 24 | | by
the Illinois Department of Public Health as a Community | 25 | | Mental Health
Center in accordance with the conditions of | 26 | | participation for Community
Mental Health Centers established |
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| 1 | | by the Center for Medicare & Medicaid
Services. Community | 2 | | Mental Health Centers means an entity that provides
outpatient | 3 | | services, including specialized outpatient services for | 4 | | individuals
who are chronically mentally ill. | 5 | | "Community Behavioral Health Center" means a physical site | 6 | | where
behavioral healthcare services are provided in | 7 | | accordance with the Community Behavioral Health Center | 8 | | Infrastructure 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 | 12 | | circuit may establish a mental health court program in | 13 | | compliance
with the Problem-Solving Court Standards. At the | 14 | | discretion of the
Chief Judge, the mental health court program | 15 | | may be operated in one
or more counties of the circuit and | 16 | | allow the defendants from all
counties within the circuit to | 17 | | participate. Mental Health Court programs
must be certified by | 18 | | the Supreme Court. , including the format under which it | 19 | | operates under this Act.
| 20 | | (b)Whenever the county boards of 2 or more counties within
| 21 | | the same judicial circuit shall determine that a single mental | 22 | | health
court program would best serve those counties, the | 23 | | county board of
each such county shall adopt a resolution to | 24 | | the effect that there
shall be a single mental health court | 25 | | program serving those counties,
and shall provide a copy of |
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| 1 | | the resolution to the Chief Judge of the
judicial circuit. | 2 | | Upon receipt of those resolutions, the Chief Judge
shall | 3 | | establish or, in the case of an existing mental health court | 4 | | program,
re-organize a single mental health court program to | 5 | | serve 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 | 10 | | the nature of the crime convicted of and in consideration of | 11 | | his or her criminal background, if any, may be admitted into a | 12 | | mental health court program only upon the agreement of the | 13 | | defendant and with the approval of the court. A defendant | 14 | | agrees to be admitted
when a Written Consent to Participate is | 15 | | provided to the Court in open
court and the defendant | 16 | | acknowledges understanding its contents. | 17 | | (a-5) Each mental health court shall have a target | 18 | | population defined
in its written Policies and Procedures. The | 19 | | Policies and Procedures shall
define that court's eligibility | 20 | | and exclusionary criteria. | 21 | | (b) A defendant shall be excluded from a mental health | 22 | | court 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 | 23 | | admitted
Into a mental health court program only upon | 24 | | agreement 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. | 8 | | A defendant charged with prostitution under Section 11-14 of | 9 | | the Criminal Code of 2012 may be admitted into a mental health | 10 | | court program, if available in the jurisdiction and provided | 11 | | that the requirements in subsections (a) and (b) are | 12 | | satisfied. Mental health court programs may include | 13 | | specialized service programs specifically designed to address | 14 | | the trauma associated with prostitution and human trafficking, | 15 | | and may offer those specialized services to defendants | 16 | | admitted to the mental health court program. Judicial circuits | 17 | | establishing these specialized programs shall partner with | 18 | | prostitution and human trafficking advocates, survivors, and | 19 | | service 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 | 24 | | needs an assessment of the defendant shall be performed as | 25 | | required by the
Court's Policies and Procedures . The |
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| 1 | | assessment shall include a
validated clinical assessment. The | 2 | | clinical assessment shall include,
but not be limited to, | 3 | | assessments of substance use disorder, mental and
behavioral | 4 | | health needs. The clinical assessment shall be administered
by | 5 | | a qualified clinician and used to inform any clinical | 6 | | treatment plans.
Clinical treatment plans shall be developed, | 7 | | in part, upon the known
availability of treatment resources | 8 | | available. Assessments for substance
use disorder shall be | 9 | | conducted in accordance with the Illinois
Department of Human | 10 | | Services/Division of Substance Use Prevention and
Recovery | 11 | | (IDHS/SUPR) regulations contained in Part 2060 of Title 77 of
| 12 | | the Illinois Administrative Code or an equivalent standard in | 13 | | any other
state where treatment may take place,
and conducted | 14 | | by individuals who meet
the IDHS/SUPR regulations for | 15 | | professional staff also contained within
that Code, or an | 16 | | equivalent standard in any other state where treatment may | 17 | | take place. The assessments shall be used to inform any | 18 | | Clinical Treatment
Plans. Clinical Treatment Plans shall be | 19 | | developed in accordance with Illinois
PSC Standards and, in | 20 | | part, upon the known availability of treatment resources
| 21 | | available. An assessment need not be ordered if the court | 22 | | finds a valid assessment related to the present charge pending | 23 | | against the defendant has been completed within the previous | 24 | | 60 days. | 25 | | (b) The judge shall inform the defendant that if the | 26 | | defendant fails to meet the requirements of the mental health |
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| 1 | | court program, eligibility to participate in the program may | 2 | | be revoked and the defendant may be sentenced or the | 3 | | prosecution continued, as provided in the Unified Code of | 4 | | Corrections, for the crime charged. | 5 | | (c) The defendant shall execute a written agreement as to | 6 | | his or her participation in the program and shall agree to all | 7 | | of the terms and conditions of the program, including but not | 8 | | limited to the possibility of sanctions or incarceration for | 9 | | failing to abide or comply with the terms of the program. | 10 | | (d) 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 | | mental health or substance use disorder abuse treatment in an | 14 | | outpatient, inpatient, residential, or jail-based custodial | 15 | | treatment program , order the defendant to
complete mental | 16 | | health counseling in an inpatient or outpatient basis,
comply | 17 | | with physicians' recommendation regarding medications and all
| 18 | | follow up treatment for any mental health diagnosis made by | 19 | | the provider.
Substance use disorder treatment programs must | 20 | | be
licensed by IDHS/SUPR, or an equivalent standard in any | 21 | | other state where treatment may take place and use | 22 | | evidence-based treatment. When referring participants to | 23 | | mental health treatment
programs, the court shall prioritize | 24 | | providers certified as community
mental health or behavioral | 25 | | health centers as possible. The court shall
prioritize the | 26 | | least restrictive treatment option when ordering
mental health |
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| 1 | | or substance use treatment for participants. The
court may | 2 | | order jail-based custodial treatment if it finds that
| 3 | | jail-based treatment is the least restrictive alternative | 4 | | based on
evidence that efforts were made to locate less | 5 | | restrictive alternatives
to secure confinement and the reasons | 6 | | why efforts were unsuccessful in
locating a less restrictive | 7 | | alternative to jail-based custodial treatment . Any period of | 8 | | time a defendant shall serve in a jail-based treatment program | 9 | | may not be reduced by the accumulation of good time or other | 10 | | credits and may be for a period of up to 120 days. | 11 | | (e) The mental health court program may include a regimen | 12 | | of graduated requirements including and rewards and sanctions, | 13 | | including but not limited to: fines, fees, costs, restitution, | 14 | | incarceration of up to 180 days, individual and group therapy, | 15 | | medication, substance drug analysis testing, close monitoring | 16 | | by the court , and supervision of progress, restitution, | 17 | | educational or vocational counseling as appropriate and other | 18 | | requirements necessary to fulfill the mental health court | 19 | | program.
Program phases, therapeutic adjustments,
incentives, | 20 | | and sanctions, including the use of jail sanctions,
shall be | 21 | | administered in accordance with evidence-based practices and
| 22 | | the Illinois PSC Standards. If the defendant needs treatment | 23 | | for an
opioid use disorder or dependence, the court may not | 24 | | prohibit the
defendant from participating in and receiving | 25 | | medication assisted treatment
under the care of a physician | 26 | | licensed in this State to practice medicine
in all of its |
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| 1 | | branches. Mental health court participants may not be required
| 2 | | to refrain from using medication assisted treatment as a term | 3 | | or condition
of successful completion of the mental health | 4 | | court program. | 5 | | (f) The Mental Health Court program may maintain or | 6 | | collaborate
with a network of mental health treatment programs | 7 | | and, if it is
a co-occurring mental health and substance use | 8 | | court program,
a network of substance use treatment programs | 9 | | representing a
continuum of treatment options commensurate | 10 | | with the needs of the
defendant and available resources | 11 | | including programs with the State
of Illinois. | 12 | | (g) Recognizing that individuals struggling with
mental | 13 | | health, addiction and related co-occurring disorders have
| 14 | | often experienced trauma, mental health court programs may | 15 | | include
specialized service programs specifically designed to | 16 | | address trauma.
These specialized services may be offered to | 17 | | defendants admitted to
the mental health court program. | 18 | | Judicial circuits establishing these
specialized programs | 19 | | shall partner with service providers in the
development of the | 20 | | programs. Trauma-informed services and programming
should be | 21 | | operated in accordance with evidence-based best practices
as
| 22 | | outlined by the
Substance Abuse and Mental Health Service | 23 | | Administration's National
Center for Trauma Informed Care | 24 | | (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 disorder treatment | 4 | | organizations.
| 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 | 9 | | collaborate with a network of mental
health treatment programs | 10 | | and, if it is a co-occurring mental health and substance use | 11 | | disorder abuse court program, a network of substance use abuse | 12 | | treatment programs representing a continuum of treatment | 13 | | options commensurate with the needs of defendants and | 14 | | available resources. | 15 | | (b) Any substance use disorder abuse treatment program to | 16 | | which defendants are referred must be licensed by the State of | 17 | | Illinois
as SUPR providers, use evidence-based treatment, and | 18 | | meet all of the rules and governing programs in Parts 2030 and | 19 | | 2060 of Title 77 of the Illinois Administrative Code. | 20 | | (c) The mental health court program may, at its | 21 | | discretion, employ additional services or interventions, as it | 22 | | deems 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, | 3 | | including but not limited to the reports or proffers of proof | 4 | | from 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 ;
| 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 the | 19 | | defendant him or her or proceed under Section 5-6-4 of the | 20 | | Unified Code of Corrections for a violation of probation, | 21 | | conditional discharge, or supervision hearing. Based on the | 22 | | evidence presented, the court
shall determine whether the | 23 | | defendant has violated the conditions of
the program and | 24 | | whether the defendant should be dismissed from the
program or | 25 | | whether, pursuant to the court's Policies and Procedures,
some | 26 | | other alternative may be appropriate in the interests of the
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| 1 | | defendant and the public.
| 2 | | (a-5) A defendant may voluntarily withdraw from the mental | 3 | | health
court program in accordance with the mental health | 4 | | court program's Policies
and Procedures. Prior to allowing the | 5 | | participant 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 | 14 | | reinstated against the
defendant or proceedings under Section | 15 | | 5-6-4 of the Unified Code of Corrections
for a violation of | 16 | | probation, conditional discharge, or supervision hearing may
| 17 | | be initiated. | 18 | | (a-10) No defendant may be dismissed from the program | 19 | | unless, prior to such dismissal, the defendant is informed in | 20 | | writing: (i) of the reason or reasons for the dismissal; (ii) | 21 | | the evidentiary basis supporting the reason or reasons for the | 22 | | dismissal; (iii) that the defendant has a right to a hearing at
| 23 | | which he or she may present evidence supporting his or her | 24 | | continuation in the program. Based upon the evidence | 25 | | presented, the court shall determine whether the defendant has | 26 | | violated the conditions of the program and whether the |
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| 1 | | defendant should be dismissed from the program or whether some | 2 | | other alternative may be appropriate in the interests of the | 3 | | defendant and the public. | 4 | | (b) Upon successful completion of the terms and conditions | 5 | | of the program, the court may dismiss the original charges | 6 | | against the defendant or successfully terminate the | 7 | | defendant's sentence or otherwise discharge him or her from | 8 | | the program or from any further proceedings against him or her | 9 | | in the original prosecution.
| 10 | | (c) Upon successful completion of the terms and conditions | 11 | | of
the program, any State's Attorney in the county of | 12 | | conviction may move
to vacate any convictions eligible for | 13 | | sealing under the Criminal
Identification Act. Defendants may | 14 | | immediately file
petitions to expunge vacated convictions and | 15 | | the associated underlying
records per the Criminal | 16 | | Identification Act. In cases where the State's
Attorney moves | 17 | | to vacate a conviction, the State's Attorney may not object to | 18 | | expungement
of that conviction or the underlying record. | 19 | | (d) The mental health court program may maintain or | 20 | | collaborate
with a network of legal aid organizations that | 21 | | specialize in conviction
relief to support participants | 22 | | navigating 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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| 1 | | to preside over
a PSC should have experience and training and | 2 | | continuing 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 | 5 | | disorders; (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 | 9 | | prosecutors. Subject to appropriation, the Office of the | 10 | | State's Attorneys Appellate
Prosecutor shall conduct mandatory | 11 | | education seminars for all prosecutors
serving in Mental | 12 | | Health courts throughout the State to ensure that the
PSC | 13 | | maintains fidelity to the PSC model. Topics include, but are | 14 | | not
limited to, evidence-based screening, assessment and | 15 | | treatment practices,
target population, substance use | 16 | | disorders, mental illness, disability, co-
occurring | 17 | | disorders, trauma, confidentiality, criminogenic risks and | 18 | | needs,
incentives and sanctions, court processes, limited | 19 | | English proficiency and
team dynamics. | 20 | | (730 ILCS 168/55 new) | 21 | | Sec. 55. Education seminars for Mental Health Court public | 22 | | defenders. Subject to
appropriation, the Office of the State | 23 | | Appellate Defender shall
conduct mandatory education seminars | 24 | | on the subjects of substance use disorder,
addiction, and |
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| 1 | | mental health, for all public defenders and assistant public
| 2 | | defenders practicing in Mental Health courts throughout the | 3 | | State to ensure that the PSC maintains fidelity to the PSC | 4 | | model.
Topics include, but are not limited to, evidence-based | 5 | | screening, assessment
and treatment practices, target | 6 | | population, substance use disorders, mental illness, | 7 | | disability, co-occurring disorders, trauma, confidentiality,
| 8 | | criminogenic risks and needs, incentives and sanctions, court | 9 | | processes,
limited English proficiency and team dynamics. ".
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