HB3850eng 102ND GENERAL ASSEMBLY

  
  
  

 


 
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1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Drug Court Treatment Act is amended by
5changing 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
17individuals struggling with these issues, provide alternatives
18to incarceration to address substance use disorders a criminal
19justice system program that will reduce the incidence of drug
20use, drug addiction, and provide appropriate access to
21treatment and support to such persons. crimes committed as a
22result of drug use and drug addiction. It is the intent of the
23General Assembly to create specialized drug courts, in

 

 

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1accordance with evidence-based practices, and Illinois Supreme
2Court Standards for addressing substance use and co-occurring
3disorders with the necessary flexibility to meet the needs for
4an array of services and supports among participants in drug
5court programs problems in the State of Illinois.
6(Source: P.A. 92-58, eff. 1-1-02.)
 
7    (730 ILCS 166/10)
8    Sec. 10. Definitions. As used in this Act:
9    "Drug court", "drug court program", "court", or "program"
10means a specially designated court, court calendar or docket
11facilitating intensive therapeutic treatment to monitor and
12assist participants with an immediate and highly structured
13judicial intervention process for substance use disorder. Drug
14court programs are nonadversarial in nature and bring abuse
15treatment of eligible defendants that brings together
16substance use disorder abuse professionals, and local social
17programs, and intensive judicial monitoring in accordance with
18the nationally recommended 10 key components of drug courts
19and Illinois Supreme Court Problem-Solving Court Standards.
20Common features of drug court programs include, but are not
21limited to, a designated judge and staff; specialized intake
22and screening procedures; coordinated treatment procedures
23administered by a trained, multidisciplinary professional
24team; close evaluation of participants, including continued
25assessments and modification of the court requirements and use

 

 

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1of sanctions, incentives and therapeutic adjustments to
2address behavior; frequent judicial interaction with
3participants; less formal court process and procedures;
4voluntary participation; and a low treatment staff-to-client
5ratio.
6    "Drug court professional" means a member of the drug court
7team, including but not limited to a judge, prosecutor,
8defense attorney, probation officer, coordinator, treatment
9provider, or an equivalent standard in any other state where
10treatment may take place, or peer recovery coach.
11    "Pre-adjudicatory drug court program" means a program that
12allows the defendant, with their agreement, and with the
13consent of the prosecution, to enter the drug court program
14before plea, conviction, or disposition, expedite the
15defendant's criminal case before conviction or before filing
16of a criminal case and requires successful completion of the
17drug court program as part of the agreement.
18    "Post-adjudicatory drug court program" means a program
19that allows an individual who in which the defendant has
20admitted guilt or has been found guilty and agrees, along with
21the prosecution, to enter a drug court program as part of the
22defendant's sentence.
23    "Combination drug court program" means a drug court
24program that includes a pre-adjudicatory drug court program
25and a post-adjudicatory drug court program.
26    "Co-occurring mental health and substance use court

 

 

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1program" means a program that includes persons with
2co-occurring mental illness and substance use disorder. Such
3programs shall include professionals with training and
4experience in treating persons with substance use disorders
5and mental illness.
6    "Problem-Solving Courts (PSC) Standards" means the
7statewide Standards Adopted by the Illinois Supreme Court
8which set forth the minimum requirements for the planning,
9establishment, certification, operation and evaluation of all
10problem-solving courts in Illinois.
11    "Certification" means the process by which a
12problem-solving court obtains approval from the Supreme Court
13to operate in accordance with the Problem-Solving Court
14Standards.
15    "Clinical treatment plan" means an evidence-based,
16comprehensive, and individualized plan that is developed by a
17qualified professional in accordance with IDHS/SUPR
18regulations contained in Part 2060 of Title 77 of the Illinois
19Administrative Code or an equivalent standard in any other
20state where treatment may take place. The clinical treatment
21plan shall define the scope of treatment services to be
22delivered by a court treatment provider.
23    "Validated clinical assessment" may include assessment
24tools required by public or private insurance.
25    "Peer recovery coach" means a mentor assigned to a
26defendant during participation in a drug treatment court

 

 

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1program who has been trained by the court, a service provider
2used by the court for substance use disorder or mental health
3treatment, a local service provider with established peer
4recovery coach or mentor programs not otherwise used by the
5court for treatment, or be a Certified Recovery Support
6Specialist (CRSS) certified by the Illinois Certification
7Board. Peer recovery coaches should be individuals with lived
8experiences of the issues problem-solving courts seek to
9address, including but not limited to substance use disorders,
10mental health and co-occurring disorders, and involvement with
11the criminal justice system. Peer recovery coaches shall guide
12and mentor the participant to successfully complete assigned
13requirements and work to help facilitate participants'
14independence for continued success once the supports of the
15court are no longer available to them.
16    "Community mental health center" means an entity: (1)
17licensed by the Illinois Department of Public Health as a
18community mental health center in accordance with the
19conditions of participation for community mental health
20centers established by the Centers for Medicare and Medicaid
21Services; and (2) that provides outpatient services, including
22specialized outpatient services, for individuals who are
23chronically mentally ill.
24    "Community behavioral health center" means a physical site
25where behavioral healthcare services are provided in
26accordance with the Community Behavioral Health Center

 

 

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1Infrastructure Act.
2(Source: P.A. 97-946, eff. 8-13-12.)
 
3    (730 ILCS 166/15)
4    Sec. 15. Authorization.
5    (a) The Chief Judge of each judicial circuit may must
6establish a drug court program in compliance with the
7Problem-Solving Court Standards. At the discretion of the
8Chief Judge, the drug court program may be operated in one or
9more counties of the circuit and allow the defendants from all
10counties within the circuit to participate. Drug court
11programs must be certified by the Supreme Court including the
12format under which it operates under this Act.
13    (b) Whenever the county boards of 2 or more counties
14within the same judicial circuit shall determine that a single
15drug court program would best serve those counties, the county
16board of each such county shall adopt a resolution to the
17effect that there shall be a single drug court program serving
18those counties, and shall provide a copy of the resolution to
19the Chief Judge of the judicial circuit. Upon receipt of those
20resolutions, the Chief Judge shall establish or, in the case
21of an existing drug court program, re-organize a single drug
22court program to serve those counties.
23    (c) (Blank). Upon petition of the county board by the
24State's Attorney, the court may, for good cause shown of
25financial hardship or lack of necessary resources, enter an

 

 

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1order delaying the implementation of the requirements of
2subsection (a) of this Section for an individual county, for a
3period not to exceed 2 years.
4(Source: P.A. 96-776, eff. 1-1-10.)
 
5    (730 ILCS 166/20)
6    Sec. 20. Eligibility.
7    (a) A defendant may be admitted into a drug court program
8only upon the agreement of the defendant and with the approval
9of the court. A defendant agrees to be admitted when a Written
10Consent to Participate is provided to the Court in open court
11and the defendant acknowledges understanding its contents.
12    (a-5) Each drug court shall have a target population
13defined in its written Policies and Procedures. The Policies
14and Procedures shall define that court's eligibility and
15exclusionary criteria.
16    (b) A defendant shall be excluded from a drug court
17program if any of one of the following apply:
18        (1) The crime is a crime of violence as set forth in
19    clause (4) of this subsection (b).
20        (2) The defendant denies his or her use of or
21    addiction to drugs.
22        (3) The defendant does not demonstrate a willingness
23    to participate in a treatment program.
24        (4) The defendant has been convicted of a crime of
25    violence within the past 5 10 years excluding

 

 

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1    incarceration time. As used in this Section, "crime of
2    violence" means: first degree murder, second degree
3    murder, predatory criminal sexual assault of a child,
4    aggravated criminal sexual assault, criminal sexual
5    assault, armed robbery, aggravated arson, arson,
6    aggravated kidnaping, kidnaping, aggravated battery
7    resulting in great bodily harm or permanent disability,
8    aggravated domestic battery resulting in great bodily harm
9    or permanent disability, aggravated criminal sexual abuse
10    by a person in a position of trust or authority over a
11    child, stalking, or aggravated stalking, or any offense
12    involving the discharge of a firearm.
13        (5) The crime for which the defendant has been
14    convicted is nonprobationable.
15        (6) The sentence imposed on the defendant, whether the
16    result of a plea or a finding of guilt, renders the
17    defendant ineligible for probation.
18    (c) Notwithstanding subsection (a), the defendant may be
19admitted into a drug court program only upon the agreement of
20the prosecutor if:
21        (1) the defendant is charged with a Class 2 or greater
22    felony violation of:
23            (A) Section 401, 401.1, 405, or 405.2 of the
24        Illinois Controlled Substances Act;
25            (B) Section 5, 5.1, or 5.2 of the Cannabis Control
26        Act; or

 

 

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1            (C) Section 15, 20, 25, 30, 35, 40, 45, 50, 55, 56,
2        or 65 of the Methamphetamine Control and Community
3        Protection Act. ; or
4        (2) the defendant has previously, on 3 or more
5    occasions, either completed a drug court program, been
6    discharged from a drug court program, or been terminated
7    from a drug court program.
8(Source: P.A. 99-480, eff. 9-9-15.)
 
9    (730 ILCS 166/25)
10    Sec. 25. Procedure.
11    (a) A The court shall order an eligibility screening and
12needs an assessment of the defendant shall be performed as
13required by the Court's Policies and Procedures by an agent
14designated by the State of Illinois to provide assessment
15services for the Illinois Courts. The assessment shall be
16conducted in accordance with IDHS/SUPR regulations contained
17in Part 2060 of Title 77 of the Illinois Administrative Code.
18The assessment shall include, but not be limited to,
19assessments of substance use, mental and behavioral health
20needs. The assessment shall be administered by individuals who
21meet the IDHS/SUPR regulations for professional staff
22contained in Part 2060 of Title 77 of the Illinois
23Administrative Code and used to inform any Clinical Treatment
24Plans. Clinical Treatment Plans shall be developed in
25accordance with Illinois PSC Standards and, in part, upon the

 

 

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1known availability of treatment resources. An assessment need
2not be ordered if the court finds a valid assessment related to
3the present charge pending against the defendant has been
4completed within the previous 60 days.
5    (b) The judge shall inform the defendant that if the
6defendant fails to meet the conditions of the drug court
7program, eligibility to participate in the program may be
8revoked and the defendant may be sentenced or the prosecution
9continued as provided in the Unified Code of Corrections for
10the crime charged.
11    (c) The defendant shall execute a written agreement as to
12his or her participation in the program and shall agree to all
13of the terms and conditions of the program, including but not
14limited to the possibility of sanctions or incarceration for
15failing to abide or comply with the terms of the program.
16    (d) In addition to any conditions authorized under the
17Pretrial Services Act and Section 5-6-3 of the Unified Code of
18Corrections, the court may order the defendant to complete
19substance use disorder abuse treatment in an outpatient,
20inpatient, residential, or jail-based custodial treatment
21program, order the defendant to complete mental health
22counseling in an inpatient or outpatient basis, comply with
23physicians' recommendation regarding medications and all
24follow up treatment for any mental health diagnosis made by
25the provider. Substance use disorder treatment programs must
26be licensed by IDHS/SUPR, or equivalent standards in any state

 

 

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1where treatment may be provided, and use evidence-based
2treatment. When referring participants to mental health
3treatment programs, the court shall prioritize providers
4certified as community mental health or behavioral health
5centers as possible. The court shall prioritize the least
6restrictive treatment option when ordering mental health or
7substance use disorder treatment for participants. The court
8may order jail-based custodial treatment if it finds that
9jail-based treatment is the least restrictive alternative
10based on evidence that efforts were made to locate less
11restrictive alternatives to secure confinement and the reasons
12why efforts were unsuccessful in locating a less restrictive
13alternative to jail-based custodial treatment. Any period of
14time a defendant shall serve in a jail-based treatment program
15may not be reduced by the accumulation of good time or other
16credits and may be for a period of up to 120 days.
17    (e) The drug court program shall include a regimen of
18graduated requirements and rewards and sanctions, including
19but not limited to: fines, fees, costs, restitution,
20incarceration of up to 180 days, individual and group therapy,
21substance drug analysis testing, close monitoring by the
22court, restitution at a minimum of once every 30 days and
23supervision of progress, educational or vocational counseling
24as appropriate, and other requirements necessary to fulfill
25the drug court program. Program phases, therapeutic
26adjustments, incentives, and sanctions, including the use of

 

 

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1jail sanctions, shall be administered in accordance with
2evidence-based practices and the Illinois PSC Standards. If
3the defendant needs treatment for an opioid use disorder abuse
4or dependence, the court may not prohibit the defendant from
5participating in and receiving medication assisted treatment
6under the care of a physician licensed in this State to
7practice medicine in all of its branches. Drug court
8participants may not be required to refrain from using
9medication assisted treatment as a term or condition of
10successful completion of the drug court program.
11    (f) Recognizing that individuals struggling with mental
12health, substance use, and related co-occurring disorders have
13often experienced trauma, drug court programs may include
14specialized service programs specifically designed to address
15trauma. These specialized services may be offered to
16defendants admitted to the drug court program. Judicial
17circuits establishing these specialized programs shall partner
18with advocates, survivors, and service providers in the
19development of the programs. Trauma-informed services and
20programming should be operated in accordance with
21evidence-based practices as outlined by the Substance Abuse
22and Mental Health Service Administration's National Center for
23Trauma Informed Care (SAMHSA).
24    (g) The Court may establish a mentorship program that
25provides access and support to program participants by peer
26recovery coaches. Courts shall be responsible to administer

 

 

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1the mentorship program with the support of mentors and local
2mental health and substance use disorder treatment
3organizations.
4(Source: P.A. 99-554, eff. 1-1-17.)
 
5    (730 ILCS 166/30)
6    Sec. 30. Mental health and substance use disorder
7Substance abuse treatment.
8    (a) The drug court program shall maintain a network of
9substance use disorder abuse treatment programs representing a
10continuum of graduated substance use disorder abuse treatment
11options commensurate with the needs of defendants.
12    (b) Any substance use disorder abuse treatment program to
13which defendants are referred must be licensed by IDHS/SUPR,
14use evidence-based treatment, and deliver all services in
15accordance with the regulations contained in Part meet all of
16the rules and governing programs in Parts 2030 and 2060 of
17Title 77 of the Illinois Administrative Code.
18    (c) The drug court program may, at its discretion, employ
19additional services or interventions, as it deems necessary on
20a case by case basis.
21    (d) The drug court program may maintain or collaborate
22with a network of mental health treatment programs
23representing a continuum of treatment options commensurate
24with the needs of the defendant and available resources
25including programs with the State of Illinois and

 

 

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1community-based programs supported and sanctioned by the State
2of Illinois. Partnerships with providers certified as
3community mental health or behavioral health centers shall be
4prioritized when possible.
5(Source: P.A. 92-58, eff. 1-1-02.)
 
6    (730 ILCS 166/35)
7    Sec. 35. Violation; termination; discharge.
8    (a) If the court finds from the evidence presented
9including but not limited to the reports or proffers of proof
10from the drug court professionals that:
11        (1) the defendant is not complying with the
12    requirements of the treatment performing satisfactorily in
13    the assigned program;
14        (2) (blank); the defendant is not benefitting from
15    education, treatment, or rehabilitation;
16        (3) the defendant has engaged in criminal conduct
17    rendering him or her unsuitable for the program; or
18        (4) the defendant has otherwise violated the terms and
19    conditions of the program or his or her sentence or is for
20    any reason unable to participate;
21the court may impose reasonable sanctions under prior written
22agreement of the defendant, including but not limited to
23imprisonment or dismissal of the defendant from the program
24and the court may reinstate criminal proceedings against the
25defendant him or her or proceed under Section 5-6-4 of the

 

 

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

 

 

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1    Upon withdrawal, the criminal proceedings may be
2reinstated against the defendant or proceedings under Section
35-6-4 of the Unified Code of Corrections for a violation of
4probation, conditional discharge, or supervision hearing may
5be initiated.
6    (a-15) No defendant may be dismissed from the program
7unless, prior to such dismissal, the defendant is informed in
8writing:
9        (i) of the reason or reasons for the dismissal;
10        (ii) the evidentiary basis supporting the reason or
11    reasons for the dismissal;
12        (iii) that the defendant has a right to a hearing at
13    which he or she may present evidence supporting his or her
14    continuation in the program.
15    (b) Upon successful completion of the terms and conditions
16of the program, the court may dismiss the original charges
17against the defendant or successfully terminate the
18defendant's sentence or otherwise discharge him or her from
19any further proceedings against the defendant him or her in
20the original prosecution.
21    (c) Upon successful completion of the terms and conditions
22of the program, any State's Attorney in the county of
23conviction may move to vacate convictions held by the
24defendant that are eligible for sealing under the Criminal
25Identification Act. Participants may immediately file
26petitions to expunge vacated convictions and the associated

 

 

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1underlying records per the Criminal Identification Act. In
2cases where the State's Attorney moves to vacate a conviction,
3the State's Attorney may not object to expungement of that
4conviction or the underlying record.
5    (d) The drug court program may maintain or collaborate
6with a network of legal aid organizations that specialize in
7conviction relief to support participants navigating the
8expungement and sealing process.
9(Source: P.A. 99-554, eff. 1-1-17.)
 
10    (730 ILCS 166/40)
11    Sec. 40. Education seminars for judges. A judge assigned
12to preside over a PSC should have experience and training and
13continuing education in topics including, but not limited to:
14(1) criminal law; (2) behavioral health; (3) confidentiality;
15(4) ethics; (5) evidence-based practices; (6) substance use
16disorders; (7) mental illness; (8) co-occurring disorders; and
17(9) presiding over various types of PSCs. The Administrative
18Office of the Illinois Courts shall conduct education seminars
19for judges throughout the State on how to operate drug court
20programs with a specific emphasis on cases involving the
21illegal possession of methamphetamine.
22(Source: P.A. 94-552, eff. 8-12-05.)
 
23    (730 ILCS 166/45)
24    Sec. 45. Education seminars for drug court prosecutors.

 

 

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1Subject to appropriation, the Office of the State's Attorneys
2Appellate Prosecutor shall conduct mandatory education
3seminars on the subjects of substance abuse and addiction for
4all drug court prosecutors throughout the State to ensure that
5the PSC maintains fidelity to the PSC model. Topics include,
6but are not limited to, evidence-based screening, assessment
7and treatment practices, target population, substance use
8disorders, mental illness, disability, co-occurring disorders,
9trauma, confidentiality, criminogenic risks and needs,
10incentives and sanctions, court processes, limited English
11proficiency and team dynamics.
12(Source: P.A. 99-480, eff. 9-9-15.)
 
13    (730 ILCS 166/50)
14    Sec. 50. Education seminars for Mental Health Court public
15defenders. Subject to appropriation, the Office of the State
16Appellate Defender shall conduct mandatory education seminars
17on the subjects of substance abuse and addiction for all
18public defenders and assistant public defenders practicing in
19drug courts throughout the State to ensure that the PSC
20maintains fidelity to the PSC model. Topics include, but are
21not limited to, evidence-based screening, assessment and
22treatment practices, target population, substance use
23disorders, mental illness, disability, co-occurring disorders,
24trauma, confidentiality, criminogenic risks and needs,
25incentives and sanctions, court processes, limited English

 

 

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1proficiency and team dynamics.
2(Source: P.A. 99-480, eff. 9-9-15.)
 
3    Section 10. The Veterans and Servicemembers Court
4Treatment Act is amended by changing Sections 5, 10, 15, 20,
525, 30, 35, and by adding Sections 40, 45, and 50 as follows:
 
6    (730 ILCS 167/5)
7    Sec. 5. Purposes. The General Assembly recognizes that
8veterans and active servicemembers, including , Reserve and
9National Guard servicemembers have provided or are currently
10providing an invaluable service to our country. Some veterans
11and active duty servicemembers In so doing, some may suffer
12from the effects of their service, including but not limited
13to, post traumatic stress disorder, traumatic brain injury,
14depression and may also suffer drug and alcohol dependency or
15addiction and co-occurring mental illness and substance use
16disorders abuse problems. As a result of this, some veterans
17or active duty servicemembers come into contact with the
18criminal justice system and are charged with felony or
19misdemeanor offenses. There is a critical need for the
20criminal justice system to recognize these veterans struggling
21with these issues, provide accountability for their
22wrongdoing, provide for the safety of the public and provide
23for the treatment of such our veterans. It is the intent of the
24General Assembly to create specialized veteran and

 

 

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1servicemember courts, in accordance with evidence-based
2practices, and Illinois Supreme Court Standards for addressing
3substance use, mental health and co-occurring disorders or
4programs with the necessary flexibility to meet the
5specialized needs for an array of services and supports among
6participants in problems faced by these veteran and
7servicemember court programs in the State of Illinois
8defendants.
9(Source: P.A. 96-924, eff. 6-14-10.)
 
10    (730 ILCS 167/10)
11    Sec. 10. Definitions. In this Act:
12    "Certification" means the process by which a
13problem-solving court obtains approval from the Supreme Court
14to operate in accordance with the Problem-Solving Court
15Standards.
16    "Clinical Treatment Plan" means an evidence-based,
17comprehensive, and individualized plan developed by a
18qualified professional in accordance with IDHS/SUPR
19regulations contained in Part 2060 of Title 77 of the Illinois
20Administrative Code, or an equivalent standard in any other
21state where treatment may take place. The clinical treatment
22plan shall define the scope of treatment services to be
23delivered by a treatment provider.
24    "Combination Veterans and Servicemembers Court program"
25means a court program that includes a pre-adjudicatory and a

 

 

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1post-adjudicatory Veterans and Servicemembers court program.
2    "IDVA" means the Illinois Department of Veterans' Affairs.
3    "Peer recovery coach" means a veteran mentor assigned to a
4veteran or servicemember during participation in a veteran
5treatment court program who has been trained by the court, a
6service provider used by the court for substance use or mental
7health treatment, a local service provider with established
8peer recovery coach or mentor programs not otherwise used by
9the court for treatment, or be a Certified Recovery Support
10Specialist (CRSS) certified by the Illinois Certification
11Board. Peer recovery coaches should be individuals with lived
12experiences of the issues problem-solving courts seek to
13address, including, but not limited to, substance use
14disorders, mental health and co-occurring disorders and
15involvement with the criminal justice system. Peer recovery
16coaches shall guide and mentor the participant to successfully
17complete assigned requirements and work to help facilitate
18participants' independence for continued success once the
19supports of the court are no longer available to them.
20    "Pre-adjudicatory Veterans and Servicemembers Court
21Program" means a program that allows the defendant, who agrees
22and with the consent of the prosecution, to enter the drug
23court program before plea, conviction, or disposition, and
24requires successful completion of the Veterans and
25Servicemembers Court programs as part of the agreement.
26    "Post-adjudicatory Veterans and Servicemembers Court

 

 

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

 

 

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1Servicemembers Court programs as part of the agreement.
2    "Servicemember" means a person who is currently serving in
3the Army, Air Force, Marines, Navy, or Coast Guard on active
4duty, reserve status or in the National Guard.
5    "VA" means the United States Department of Veterans'
6Affairs.
7    "VAC" means a veterans assistance commission.
8    "Validated Clinical Assessment" may include assessment
9tools required by public or private insurance.
10    "Veteran" means a person who served in the active
11military, naval, or air service and who was discharged or
12released therefrom under conditions other than dishonorable.
13    "Veterans and Servicemembers Court professional" means a
14member of the Veterans and Servicemembers Court team,
15including but not limited to a judge, prosecutor, defense
16attorney, probation officer, coordinator, treatment provider,
17or peer recovery coach.
18    "Veterans and Servicemembers Court" means a court or
19program with an immediate and highly structured judicial
20intervention process for substance abuse treatment, mental
21health, or other assessed treatment needs of eligible veteran
22and servicemember defendants that brings together substance
23abuse professionals, mental health professionals, VA
24professionals, local social programs and intensive judicial
25monitoring in accordance with the nationally recommended 10
26key components of drug courts.

 

 

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

 

 

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1including but not limited to a judge, prosecutor, defense
2attorney, probation officer, coordinator, treatment provider,
3or peer recovery coach.
4    "Community Mental Health Center" means an entity licensed
5by the Illinois Department of Public Health as a Community
6Mental Health Center in accordance with the conditions of
7participation for Community Mental Health Centers established
8by the Center for Medicare & Medicaid Services. Community
9Mental Health Centers means an entity that provides outpatient
10services, including specialized outpatient services for
11individuals who are chronically mentally ill.
12    "Community Behavioral Health Center" means a physical site
13where behavioral healthcare services are provided in
14accordance with the Community Behavioral Health Center
15Infrastructure Act.
16(Source: P.A. 99-314, eff. 8-7-15; 99-819, eff. 8-15-16.)
 
17    (730 ILCS 167/15)
18    Sec. 15. Authorization.
19    (a) The Chief Judge of each judicial circuit may shall
20establish a Veterans and Servicemembers Court program in
21compliance with the Problem-Solving Court Standards including
22a format under which it operates under this Act. The Veterans
23and Servicemembers Court may, at the discretion of the Chief
24Judge, be a separate court or a program of a problem-solving
25court, including, but not limited to, a drug court, or mental

 

 

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1health court, or operate for defendants with either substance
2use, mental health or co-occurring disorders. At the
3discretion of the Chief Judge, the Veterans and Servicemembers
4Court program may be operated in one or more counties in the
5Circuit, and allow veteran and servicemember defendants from
6all counties within the Circuit to participate.
7    (b) Whenever the county boards of 2 or more counties
8within the same judicial circuit shall determine that a single
9veterans and servicemembers court program would best serve
10those counties, the county board of each such county shall
11adopt a resolution to the effect that there shall be a single
12veterans and servicemembers court program serving those
13counties, and shall provide a copy of the resolution to the
14Chief Judge of the judicial circuit. Upon receipt of those
15resolutions, the Chief Judge shall establish, or, in the case
16of an existing veterans and servicemembers court program,
17re-organize a single veterans and servicemembers court program
18to serve those counties.
19(Source: P.A. 99-807, eff. 1-1-18; 100-88, eff. 1-1-18.)
 
20    (730 ILCS 167/20)
21    Sec. 20. Eligibility. Veterans and Servicemembers are
22eligible for Veterans and Servicemembers Courts, provided the
23following:
24    (a) A defendant may be admitted to a Veterans and
25Servicemembers Court certified by the Illinois Supreme Court ,

 

 

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1who is eligible for probation based on the nature of the crime
2convicted of and in consideration of his or her criminal
3background, if any, may be admitted into a Veterans and
4Servicemembers Court program before adjudication only upon the
5agreement of the defendant and with the approval of the Court.
6Defendants agree to be admitted when a Written Consent to
7Participate is provided to the Court in open court and the
8defendant acknowledges understanding its contents A defendant
9may be admitted into a Veterans and Servicemembers Court
10program post-adjudication only with the approval of the court.
11    (b) Each Veterans and Servicemembers Court shall have a
12targeted population defined in its written Policies and
13Procedures. The Policies and Procedures shall define that
14court's eligibility and exclusionary criteria. A defendant
15shall be excluded from Veterans and Servicemembers Court
16program if any of one of the following applies:
17        (1) The crime is a crime of violence as set forth in
18    clause (3) of this subsection (b).
19        (2) The defendant does not demonstrate a willingness
20    to participate in a treatment program.
21        (3) The defendant has been convicted of a crime of
22    violence within the past 5 10 years excluding
23    incarceration time. As used in this Section, "crime of
24    violence" means: , including first degree murder, second
25    degree murder, predatory criminal sexual assault of a
26    child, aggravated criminal sexual assault, criminal sexual

 

 

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1    assault, armed robbery, aggravated arson, arson,
2    aggravated kidnapping and kidnapping, aggravated battery
3    resulting in great bodily harm or permanent disability,
4    aggravated domestic battery resulting in greater bodily
5    harm or permanent disability, aggravated criminal sexual
6    abuse by a person in a position of trust or authority over
7    a child, stalking, or aggravated stalking, or any offense
8    involving the discharge of a firearm.
9        (4) (Blank).
10        (5) The crime for which the defendant has been
11    convicted is non-probationable.
12        (6) The sentence imposed on the defendant, whether the
13    result of a plea or a finding of guilt, renders the
14    defendant ineligible for probation.
15    (c) Notwithstanding subsection (a), the defendant may be
16admitted into a drug court program only upon the agreement of
17the prosecutor if:
18        (1) the defendant is charged with a Class 2 or greater
19    felony violation of:
20            (A) Section 401, 401.1, 405, or 405.2 of the
21        Illinois Controlled Substances Act;
22            (B) Section 5, 5.1, or 5.2 of the Cannabis Control
23        Act; or
24            (C) Section 15, 20, 25, 30, 35, 40, 45, 50, 55, 56,
25        or 65 of the Methamphetamine Control and Community
26        Protection Act.

 

 

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1(Source: P.A. 99-480, eff. 9-9-15; 100-426, eff. 1-1-18.)
 
2    (730 ILCS 167/25)
3    Sec. 25. Procedure.
4    (a) A The Court shall order the defendant to submit to an
5eligibility screening and an assessment of the defendant shall
6be performed as required by the Court's Policies and
7Procedures. The assessment shall be conducted through the VA,
8VAC, and/or the IDVA to provide information on the defendant's
9veteran or servicemember status.
10    (b) A The Court shall order the defendant to submit to an
11eligibility screening and mental health and substance use
12disorder drug/alcohol screening and assessment of the
13defendant by the VA, VAC, or by the IDVA shall be performed as
14required by the Court's Policies and Procedures to provide
15assessment services for Illinois Courts. The assessment shall
16include, but is not limited to, a validated clinical
17assessment. The assessment shall include, but not be limited
18to, assessments of substance use, mental and behavioral health
19needs. The assessment shall be administered by a qualified
20clinician of the VA, VAC, or IDVA, or individuals who meet the
21IDHS/SUPR regulations for professional staff contained in Part
222060 of Title 77 of the Illinois Administrative Code, or an
23equivalent Standard in any other state where treatment may
24take place, and used to inform any clinical treatment plans.
25Clinical treatment plans shall be developed, in accordance

 

 

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1with Illinois PSC Standards and risks assessment and be based,
2in part, upon the known availability of treatment resources
3available to the Veterans and Servicemembers Court. The
4assessment shall also include recommendations for treatment of
5the conditions which are indicating a need for treatment under
6the monitoring of the Court and be reflective of a level of
7risk assessed for the individual seeking admission. An
8assessment need not be ordered if the Court finds a valid
9screening and/or assessment related to the present charge
10pending against the defendant has been completed within the
11previous 60 days.
12    (c) The judge shall inform the defendant that if the
13defendant fails to meet the conditions of the Veterans and
14Servicemembers Court program, eligibility to participate in
15the program may be revoked and the defendant may be sentenced
16or the prosecution continued as provided in the Unified Code
17of Corrections for the crime charged.
18    (d) The defendant shall execute a written agreement with
19the Court as to his or her participation in the program and
20shall agree to all of the terms and conditions of the program,
21including but not limited to the possibility of sanctions or
22incarceration for failing to abide or comply with the terms of
23the program.
24    (e) In addition to any conditions authorized under the
25Pretrial Services Act and Section 5-6-3 of the Unified Code of
26Corrections, the Court may order the defendant to complete

 

 

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1substance use disorder abuse treatment in an outpatient,
2inpatient, residential, or jail-based custodial treatment
3program, order the defendant to complete mental health
4counseling in an inpatient or outpatient basis, comply with
5physicians' recommendation regarding medications and all
6follow up treatment for any mental health diagnosis made by
7the provider. Substance use treatment programs must be
8licensed by IDPH/SUPR, or an equivalent standard in any other
9state where treatment may take place, and use evidence-based
10treatment. When referring participants to mental health
11treatment programs, the court shall prioritize providers
12certified as community mental health or behavioral health
13centers as possible. The court shall prioritize the least
14restrictive treatment option when ordering mental health or
15substance use treatment for participants. The court may order
16jail-based custodial treatment if it finds that jail-based
17treatment is the least restrictive alternative based on
18evidence that efforts were made to locate less restrictive
19alternatives to secure confinement and the reasons why efforts
20were unsuccessful in locating a less restrictive alternative
21to jail-based custodial treatment. This treatment may include
22but is not limited to post-traumatic stress disorder,
23traumatic brain injury and depression.
24    (e-5) The veterans and servicemembers treatment court
25shall include a regimen of graduated requirements, individual
26and group therapy substance analysis testing, close monitoring

 

 

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

 

 

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1and Mental Health Service Administration's National Center for
2Trauma Informed Care (SAMHSA).
3    (f) The Court may establish a mentorship program that
4provides access and support to program participants by peer
5recovery coaches. Courts shall be responsible to administer
6the mentorship program with the support of volunteer veterans
7and local veteran service organizations, including a VAC. Peer
8recovery coaches shall be trained and certified by the Court
9prior to being assigned to participants in the program.
10(Source: P.A. 99-314, eff. 8-7-15; 99-819, eff. 8-15-16.)
 
11    (730 ILCS 167/30)
12    Sec. 30. Mental health and substance use disorder abuse
13treatment.
14    (a) The Veterans and Servicemembers Court program may
15maintain a network of substance use disorder abuse treatment
16programs representing a continuum of graduated substance use
17disorder abuse treatment options commensurate with the needs
18of defendants; these shall include programs with the VA, IDVA,
19a VAC, the State of Illinois and community-based programs
20supported and sanctioned by either or both.
21    (b) Any substance use abuse treatment program to which
22defendants are referred must be licensed by IDHS/SUPR, or an
23equivalent standard in any other state where treatment may
24take place, use evidence-based treatment, and deliver all
25services in accordance with the regulations contained meet all

 

 

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1of the rules and governing programs in Parts 2030 and 2060 of
2Title 77 of the Illinois Administrative Code, or an equivalent
3standard in any other state where treatment may take place.
4    (c) The Veterans and Servicemembers Court program may, in
5its discretion, employ additional services or interventions,
6as it deems necessary on a case by case basis.
7    (d) The Veterans and Servicemembers Court program may
8maintain or collaborate with a network of mental health
9treatment programs and, if it is a co-occurring mental health
10and substance use disorder abuse court program, a network of
11substance use disorder abuse treatment programs representing a
12continuum of treatment options commensurate with the needs of
13the defendant and available resources including programs with
14the VA, the IDVA, a VAC, and the State of Illinois. When not
15using mental health treatment or services available through
16the VA, IDVA or VAC, partnerships with providers certified as
17community mental health or behavioral health centers shall be
18prioritized as possible.
19(Source: P.A. 99-819, eff. 8-15-16.)
 
20    (730 ILCS 167/35)
21    Sec. 35. Violation; termination; discharge.
22    (a) If the Court finds from the evidence presented
23including but not limited to the reports or proffers of proof
24from the Veterans and Servicemembers Court professionals that:
25        (1) the defendant is not complying with the

 

 

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1    requirements of the treatment program performing
2    satisfactorily in the assigned program;
3        (2) (blank); the defendant is not benefitting from
4    education, treatment, or rehabilitation;
5        (3) the defendant has engaged in criminal conduct
6    rendering him or her unsuitable for the program; or
7        (4) the defendant has otherwise violated the terms and
8    conditions of the program or his or her sentence or is for
9    any reason unable to participate; the Court may impose
10    reasonable sanctions under prior written agreement of the
11    defendant, including but not limited to imprisonment or
12    dismissal of the defendant from the program and the Court
13    may reinstate criminal proceedings against him or her or
14    proceed under Section 5-6-4 of the Unified Code of
15    Corrections for a violation of probation, conditional
16    discharge, or supervision hearing. Based on the evidence
17    presented, the court shall determine whether the defendant
18    has violated the conditions of the program and whether the
19    defendant should be dismissed from the program, or
20    whether, pursuant to the court's Policies and Procedures,
21    some other alternative may be appropriate in the interests
22    of the defendant and the public.
23    (a-5) A defendant who is assigned to a substance use
24disorder treatment program under this Act for an opioid use
25disorder is not in violation of the terms or conditions of the
26program on the basis of his or her participation in medication

 

 

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1assisted treatment under the care of a physician licensed to
2practice medicine in all of its branches.
3    (a-10) A defendant may voluntarily withdraw from the drug
4court program in accordance with the drug court program's
5policies and procedures. Prior to allowing the participant to
6withdraw, the judge shall:
7        (i) ensure that the participant has the right to
8    consult with counsel prior to withdrawal;
9        (ii) determine in open court that the withdrawal is
10    made voluntarily and knowingly; and
11        (iii) admonish the participant in open court as to the
12    consequences, actual or potential, which can result from
13    withdrawal.
14    Upon withdrawal, the criminal proceedings may be
15reinstated against the defendant or proceedings under Section
165-6-4 of the Unified Code of Corrections for a violation of
17probation, conditional discharge, or supervision hearing may
18be initiated.
19    (b) Upon successful completion of the terms and conditions
20of the program, the Court may dismiss the original charges
21against the defendant or successfully terminate the
22defendant's sentence or otherwise discharge him or her from
23any further proceedings against the defendant him or her in
24the original prosecution.
25    (c) Upon successful completion of the terms and conditions
26of the program, any State's Attorney in the county of

 

 

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1conviction may move to vacate any convictions eligible for
2sealing under the Criminal Identification Act. Defendants may
3immediately file petitions to expunge vacated convictions and
4the associated underlying records per the Criminal
5Identification Act. In cases where the State's Attorney moves
6to vacate a conviction, the State's Attorney may not object to
7expungement of that conviction or the underlying record.
8    (d) Veterans and servicemembers court programs may
9maintain or collaborate with a network of legal aid
10organizations that specialize in conviction relief to support
11participants navigating the expungement and sealing process.
12(Source: P.A. 96-924, eff. 6-14-10.)
 
13    (730 ILCS 167/40 new)
14    Sec. 40. Education for judges. A judge assigned to preside
15over a PSC should have experience and training and continuing
16education in topics, including, but not limited to: (1)
17criminal law; (2) behavioral health; (3) confidentiality; (4)
18ethics; (5) evidence-based practices; (6) substance use
19disorders; (7) mental illness; (8) co-occurring disorders; and
20(9) presiding over various types of PSCs.
 
21    (730 ILCS 167/45 new)
22    Sec. 45. Education seminars for Veterans and
23Servicemembers Court prosecutors. Subject to appropriation,
24the Office of the State's Attorneys Appellate Prosecutor shall

 

 

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

 

 

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1amended by changing Sections 5, 10, 15, 20, 25, 30, 35 and by
2adding Sections 45, 50, and 55 as follows:
 
3    (730 ILCS 168/5)
4    Sec. 5. Purposes. The General Assembly recognizes that
5individuals with diagnosable mental illness may come into
6contact with the criminal justice system and be charged with
7felony or misdemeanor offenses. a large percentage of criminal
8defendants have a diagnosable mental illness and that mental
9illnesses have a dramatic effect on the criminal justice
10system in the State of Illinois. The General Assembly also
11recognizes that mental illness and substance use disorders
12abuse problems co-occur in a substantial percentage of
13criminal defendants. There is a critical need for the a
14criminal justice system to recognize individuals struggling
15with these issues, provide alternatives to incarceration to
16address mental illness, and provide appropriate access to
17treatment and support to such persons. program that will
18reduce the number of persons with mental illnesses and with
19co-occurring mental illness and substance abuse problems in
20the criminal justice system, reduce recidivism among persons
21with mental illness and with co-occurring mental illness and
22substance abuse problems, provide appropriate treatment to
23persons with mental illnesses and co-occurring mental illness
24and substance abuse problems and reduce the incidence of
25crimes committed as a result of mental illnesses or

 

 

HB3850 Engrossed- 40 -LRB102 16552 KMF 21948 b

1co-occurring mental illness and substance abuse problems. It
2is the intent of the General Assembly to create specialized
3mental health courts, in accordance with evidence-based
4practices and Illinois Supreme Court Standards for addressing
5substance use and co-occurring disorders with the necessary
6flexibility to meet the needs for an array of services and
7supports among participants in mental health court programs
8problems of criminal defendants with mental illnesses and
9co-occurring mental illness and substance abuse problems in
10the State of Illinois.
11(Source: P.A. 95-606, eff. 6-1-08.)
 
12    (730 ILCS 168/10)
13    Sec. 10. Definitions. As used in this Act:
14    "Mental health court", "mental health court program",
15"court", or "program" means a specially designated court,
16court calendar, or docket facilitating intensive therapeutic
17treatment to monitor and assist participants with structured
18judicial intervention process for mental illness. Mental
19health court programs are non-adversarial in nature and bring
20health treatment of eligible defendants that brings together
21mental health professionals, local social programs in
22accordance with the nationally recommended essential elements
23of a mental health court and Illinois Supreme Court
24Problem-Solving Standards. Common features of mental health
25court programs include, but are not limited to, a designated

 

 

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1judge and staff; specialized intake and screening procedures;
2coordinated treatment procedures administered by a trained,
3multidisciplinary professional team; close evaluation of
4participants, including continued assessments and modification
5of the court requirements and use of sanctions, incentives and
6therapeutic adjustments to address behavior; frequent judicial
7interaction with participants; less formal court process and
8procedures; voluntary participation; and a low treatment
9staff- to-client ratio , and intensive judicial monitoring.
10    "Mental health court professional" means a member of the
11mental health court team, including but not limited to a
12judge, prosecutor, defense attorney, probation officer,
13coordinator, treatment provider, or peer recovery coach.
14    "Pre-adjudicatory mental health court program" means a
15program that allows the defendant, with their agreement and
16the consent of the prosecution, to enter the drug court
17program before plea, conviction, or disposition expedite the
18defendant's criminal case before conviction or before filing
19of a criminal case and requires successful completion of the
20mental health court program as part of the agreement.
21    "Post-adjudicatory mental health court program" means a
22program that allows an individual who in which the defendant
23has admitted guilt or has been found guilty and agrees, along
24with the prosecution, to enter a mental health court program
25as part of the defendant's sentence.
26    "Combination mental health court program" means a mental

 

 

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1health court program that includes a pre-adjudicatory mental
2health court program and a post-adjudicatory mental health
3court program.
4    "Co-occurring mental health and substance use abuse court
5program" means a program that includes persons with
6co-occurring mental illness and substance use disorder abuse
7problems. Such programs shall include professionals with
8training and experience in treating persons with substance use
9disorders abuse problems and mental illness.
10    "Problem-Solving Courts (PSC) Standards" means the
11statewide standards adopted by the Illinois Supreme Court
12which set forth the minimum requirements for the planning,
13establishment, certification, operation and evaluation of all
14problem-solving courts in Illinois.
15    "Certification" means the process by which a
16problem-solving court obtains approval from the Supreme Court
17to operate in accordance with the Problem-Solving Court
18Standards.
19    "Clinical treatment plan" means an evidence-based,
20comprehensive, and individualized plan that is developed by a
21qualified professional and defines the scope of treatment
22services to be delivered by a treatment provider.
23    "Validated clinical assessment" may include assessment
24tools required by public or private insurance.
25    "Peer recovery coach" means a mentor assigned to a
26defendant during participation in a mental health treatment

 

 

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1court program who has been trained by the court, a service
2provider used by the court for substance use or mental health
3treatment, a local service provider with established peer
4recovery coach or mentor programs not otherwise used by the
5court for treatment, or be a Certified Recovery Support
6Specialist (CRSS) certified by the Illinois Certification
7Board. Peer recovery coaches should be individuals with lived
8experience of the issues problem-solving courts seek to
9address, including, but not limited to, substance use
10disorders, mental health, and co-occurring disorders, and
11involvement with the criminal justice system. Peer recovery
12coaches shall guide and mentor the participant to successfully
13complete assigned requirements and work to help facilitate
14participants' independence for continued success once the
15supports of the court are no longer available to them.
16    "Community Mental Health Center" means an entity licensed
17by the Illinois Department of Public Health as a Community
18Mental Health Center in accordance with the conditions of
19participation for Community Mental Health Centers established
20by the Center for Medicare & Medicaid Services. Community
21Mental Health Centers means an entity that provides outpatient
22services, including specialized outpatient services for
23individuals who are chronically mentally ill.
24    "Community Behavioral Health Center" means a physical site
25where behavioral healthcare services are provided in
26accordance with the Community Behavioral Health Center

 

 

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1Infrastructure Act.
2(Source: P.A. 97-946, eff. 8-13-12.)
 
3    (730 ILCS 168/15)
4    Sec. 15. Authorization. The Chief Judge of each judicial
5circuit may establish a mental health court program in
6compliance with the Problem-Solving Court Standards. At the
7discretion of the Chief Judge, the mental health court program
8may be operated in one or more counties of the circuit and
9allow the defendants from all counties within the circuit to
10participate. Mental Health Court programs must be certified by
11the Supreme Court. , including the format under which it
12operates under this Act.
13    (b)Whenever the county boards of 2 or more counties within
14the same judicial circuit shall determine that a single mental
15health court program would best serve those counties, the
16county board of each such county shall adopt a resolution to
17the effect that there shall be a single mental health court
18program serving those counties, and shall provide a copy of
19the resolution to the Chief Judge of the judicial circuit.
20Upon receipt of those resolutions, the Chief Judge shall
21establish or, in the case of an existing mental health court
22program, re-organize a single mental health court program to
23serve these counties.
24(Source: P.A. 95-606, eff. 6-1-08.)
 

 

 

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1    (730 ILCS 168/20)
2    Sec. 20. Eligibility.
3    (a) A defendant, who is eligible for probation based on
4the nature of the crime convicted of and in consideration of
5his or her criminal background, if any, may be admitted into a
6mental health court program only upon the agreement of the
7defendant and with the approval of the court. A defendant
8agrees to be admitted when a Written Consent to Participate is
9provided to the Court in open court and the defendant
10acknowledges understanding its contents.
11    (a-5) Each mental health court shall have a target
12population defined in its written Policies and Procedures. The
13Policies and Procedures shall define that court's eligibility
14and exclusionary criteria.
15    (b) A defendant shall be excluded from a mental health
16court program if any one of the following applies:
17        (1) The crime is a crime of violence as set forth in
18    clause (3) of this subsection (b).
19        (2) The defendant does not demonstrate a willingness
20    to participate in a treatment program.
21        (3) The defendant has been convicted of a crime of
22    violence within the past 5 10 years excluding
23    incarceration time. As used in this paragraph (3), "crime
24    of violence" means: first degree murder, second degree
25    murder, predatory criminal sexual assault of a child,
26    aggravated criminal sexual assault, criminal sexual

 

 

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1    assault, armed robbery, aggravated arson, arson,
2    aggravated kidnapping, kidnapping, aggravated battery
3    resulting in great bodily harm or permanent disability,
4    aggravated domestic battery resulting in great bodily harm
5    or permanent disability, aggravated criminal sexual abuse
6    by a person in a position of trust or authority over a
7    child, stalking, or aggravated stalking, or any offense
8    involving the discharge of a firearm.
9        (4) (Blank).
10        (5) The crime for which the defendant has been
11    convicted is non-probationable.
12        (6) The sentence imposed on the defendant, whether the
13    result of a plea or a finding of guilt, renders the
14    defendant ineligible for probation.
15    (c) Notwithstanding subsection (a), the defendant may be
16admitted Into a mental health court program only upon
17agreement of the prosecutor if:
18        (1) the defendant is charged with a Class 2 or greater
19    felony violation of:
20            (A) Section 401, 401.1, 405, or 405.2 of the
21        Illinois Controlled Substances Act;
22            (B) Section 5, 5.1, or 5.2 of the Cannabis Control
23        Act; or
24            (C) Section 15, 20, 25, 30, 35, 40, 45, 50, 55, 56,
25        or 65 of the Methamphetamine Control and Community
26        Protection Act.

 

 

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1A defendant charged with prostitution under Section 11-14 of
2the Criminal Code of 2012 may be admitted into a mental health
3court program, if available in the jurisdiction and provided
4that the requirements in subsections (a) and (b) are
5satisfied. Mental health court programs may include
6specialized service programs specifically designed to address
7the trauma associated with prostitution and human trafficking,
8and may offer those specialized services to defendants
9admitted to the mental health court program. Judicial circuits
10establishing these specialized programs shall partner with
11prostitution and human trafficking advocates, survivors, and
12service providers in the development of the programs.
13(Source: P.A. 100-426, eff. 1-1-18.)
 
14    (730 ILCS 168/25)
15    Sec. 25. Procedure.
16    (a) A The court shall require an eligibility screening and
17needs an assessment of the defendant shall be performed as
18required by the Court's Policies and Procedures. The
19assessment shall include a validated clinical assessment. The
20clinical assessment shall include, but not be limited to,
21assessments of substance use disorder, mental and behavioral
22health needs. The clinical assessment shall be administered by
23a qualified clinician and used to inform any clinical
24treatment plans. Clinical treatment plans shall be developed,
25in part, upon the known availability of treatment resources

 

 

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1available. Assessments for substance use disorder shall be
2conducted in accordance with the Illinois Department of Human
3Services/Division of Substance Use Prevention and Recovery
4(IDHS/SUPR) regulations contained in Part 2060 of Title 77 of
5the Illinois Administrative Code or an equivalent standard in
6any other state where treatment may take place, and conducted
7by individuals who meet the IDHS/SUPR regulations for
8professional staff also contained within that Code, or an
9equivalent standard in any other state where treatment may
10take place. The assessments shall be used to inform any
11Clinical Treatment Plans. Clinical Treatment Plans shall be
12developed in accordance with Illinois PSC Standards and, in
13part, upon the known availability of treatment resources
14available. An assessment need not be ordered if the court
15finds a valid assessment related to the present charge pending
16against the defendant has been completed within the previous
1760 days.
18    (b) The judge shall inform the defendant that if the
19defendant fails to meet the requirements of the mental health
20court program, eligibility to participate in the program may
21be revoked and the defendant may be sentenced or the
22prosecution continued, as provided in the Unified Code of
23Corrections, for the crime charged.
24    (c) The defendant shall execute a written agreement as to
25his or her participation in the program and shall agree to all
26of the terms and conditions of the program, including but not

 

 

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1limited to the possibility of sanctions or incarceration for
2failing to abide or comply with the terms of the program.
3    (d) In addition to any conditions authorized under the
4Pretrial Services Act and Section 5-6-3 of the Unified Code of
5Corrections, the court may order the defendant to complete
6mental health or substance use disorder abuse treatment in an
7outpatient, inpatient, residential, or jail-based custodial
8treatment program, order the defendant to complete mental
9health counseling in an inpatient or outpatient basis, comply
10with physicians' recommendation regarding medications and all
11follow up treatment for any mental health diagnosis made by
12the provider. Substance use disorder treatment programs must
13be licensed by IDHS/SUPR, or an equivalent standard in any
14other state where treatment may take place and use
15evidence-based treatment. When referring participants to
16mental health treatment programs, the court shall prioritize
17providers certified as community mental health or behavioral
18health centers as possible. The court shall prioritize the
19least restrictive treatment option when ordering mental health
20or substance use treatment for participants. The court may
21order jail-based custodial treatment if it finds that
22jail-based treatment is the least restrictive alternative
23based on evidence that efforts were made to locate less
24restrictive alternatives to secure confinement and the reasons
25why efforts were unsuccessful in locating a less restrictive
26alternative to jail-based custodial treatment. Any period of

 

 

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1time a defendant shall serve in a jail-based treatment program
2may not be reduced by the accumulation of good time or other
3credits and may be for a period of up to 120 days.
4    (e) The mental health court program may include a regimen
5of graduated requirements including and rewards and sanctions,
6including but not limited to: fines, fees, costs, restitution,
7incarceration of up to 180 days, individual and group therapy,
8medication, substance drug analysis testing, close monitoring
9by the court, and supervision of progress, restitution,
10educational or vocational counseling as appropriate and other
11requirements necessary to fulfill the mental health court
12program. Program phases, therapeutic adjustments, incentives,
13and sanctions, including the use of jail sanctions, shall be
14administered in accordance with evidence-based practices and
15the Illinois PSC Standards. If the defendant needs treatment
16for an opioid use disorder or dependence, the court may not
17prohibit the defendant from participating in and receiving
18medication assisted treatment under the care of a physician
19licensed in this State to practice medicine in all of its
20branches. Mental health court participants may not be required
21to refrain from using medication assisted treatment as a term
22or condition of successful completion of the mental health
23court program.
24    (f) The Mental Health Court program may maintain or
25collaborate with a network of mental health treatment programs
26and, if it is a co-occurring mental health and substance use

 

 

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1court program, a network of substance use treatment programs
2representing a continuum of treatment options commensurate
3with the needs of the defendant and available resources
4including programs with the State of Illinois.
5    (g) Recognizing that individuals struggling with mental
6health, addiction and related co-occurring disorders have
7often experienced trauma, mental health court programs may
8include specialized service programs specifically designed to
9address trauma. These specialized services may be offered to
10defendants admitted to the mental health court program.
11Judicial circuits establishing these specialized programs
12shall partner with service providers in the development of the
13programs. Trauma-informed services and programming should be
14operated in accordance with evidence-based best practices as
15outlined by the Substance Abuse and Mental Health Service
16Administration's National Center for Trauma Informed Care
17(SAMHSA).
18    (h) The Court may establish a mentorship program that
19provides access and support to program participants by peer
20recovery coaches. Courts shall be responsible to administer
21the mentorship program with the support of mentors and local
22mental health and substance use disorder treatment
23organizations.
24(Source: P.A. 95-606, eff. 6-1-08.)
 
25    (730 ILCS 168/30)

 

 

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1    Sec. 30. Mental health and substance use abuse treatment.
2    (a) The mental health court program may maintain or
3collaborate with a network of mental health treatment programs
4and, if it is a co-occurring mental health and substance use
5disorder abuse court program, a network of substance use abuse
6treatment programs representing a continuum of treatment
7options commensurate with the needs of defendants and
8available resources.
9    (b) Any substance use disorder abuse treatment program to
10which defendants are referred must be licensed by the State of
11Illinois as SUPR providers, use evidence-based treatment, and
12meet all of the rules and governing programs in Parts 2030 and
132060 of Title 77 of the Illinois Administrative Code.
14    (c) The mental health court program may, at its
15discretion, employ additional services or interventions, as it
16deems necessary on a case by case basis.
17(Source: P.A. 95-606, eff. 6-1-08.)
 
18    (730 ILCS 168/35)
19    Sec. 35. Violation; termination; discharge.
20    (a) If the court finds from the evidence presented,
21including but not limited to the reports or proffers of proof
22from the mental health court professionals that:
23        (1) the defendant is not complying with the
24    requirements of the treatment program performing
25    satisfactorily in the assigned program;

 

 

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1        (2) (blank); the defendant is not benefiting from
2    education, treatment, or rehabilitation;
3        (3) the defendant has engaged in criminal conduct
4    rendering him or her unsuitable for the program; or
5        (4) the defendant has otherwise violated the terms and
6    conditions of the program or his or her sentence or is for
7    any reason unable to participate;
8the court may impose reasonable sanctions under prior written
9agreement of the defendant, including but not limited to
10imprisonment or dismissal of the defendant from the program;
11and the court may reinstate criminal proceedings against the
12defendant him or her or proceed under Section 5-6-4 of the
13Unified Code of Corrections for a violation of probation,
14conditional discharge, or supervision hearing. Based on the
15evidence presented, the court shall determine whether the
16defendant has violated the conditions of the program and
17whether the defendant should be dismissed from the program or
18whether, pursuant to the court's Policies and Procedures, some
19other alternative may be appropriate in the interests of the
20defendant and the public.
21    (a-5) A defendant may voluntarily withdraw from the mental
22health court program in accordance with the mental health
23court program's Policies and Procedures. Prior to allowing the
24participant to withdraw, the judge shall:
25        (i) ensure that the participant has the right to
26    consult with counsel prior to withdrawal;

 

 

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1        (ii) determine in open court that the withdrawal is
2    made voluntarily and knowingly; and
3        (iii) admonish the participant in open court as to the
4    consequences, actual or potential, which can result from
5    withdrawal.
6    Upon withdrawal, the criminal proceedings may be
7reinstated against the defendant or proceedings under Section
85-6-4 of the Unified Code of Corrections for a violation of
9probation, conditional discharge, or supervision hearing may
10be initiated.
11    (a-10) No defendant may be dismissed from the program
12unless, prior to such dismissal, the defendant is informed in
13writing: (i) of the reason or reasons for the dismissal; (ii)
14the evidentiary basis supporting the reason or reasons for the
15dismissal; (iii) that the defendant has a right to a hearing at
16which he or she may present evidence supporting his or her
17continuation in the program. Based upon the evidence
18presented, the court shall determine whether the defendant has
19violated the conditions of the program and whether the
20defendant should be dismissed from the program or whether some
21other alternative may be appropriate in the interests of the
22defendant and the public.
23    (b) Upon successful completion of the terms and conditions
24of the program, the court may dismiss the original charges
25against the defendant or successfully terminate the
26defendant's sentence or otherwise discharge him or her from

 

 

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1the program or from any further proceedings against him or her
2in the original prosecution.
3    (c) Upon successful completion of the terms and conditions
4of the program, any State's Attorney in the county of
5conviction may move to vacate any convictions eligible for
6sealing under the Criminal Identification Act. Defendants may
7immediately file petitions to expunge vacated convictions and
8the associated underlying records per the Criminal
9Identification Act. In cases where the State's Attorney moves
10to vacate a conviction, the State's Attorney may not object to
11expungement of that conviction or the underlying record.
12    (d) The mental health court program may maintain or
13collaborate with a network of legal aid organizations that
14specialize in conviction relief to support participants
15navigating the expungement and sealing process.
16(Source: P.A. 95-606, eff. 6-1-08.)
 
17    (730 ILCS 168/45 new)
18    Sec. 45. 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) co-occurring
23disorders; (7) mental illness; (8) co-occurring disorders; and
24(9) presiding over various types of PSCs.
 

 

 

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1    (730 ILCS 168/50 new)
2    Sec. 50. Education seminars for Mental Health Court
3prosecutors. Subject to appropriation, the Office of the
4State's Attorneys Appellate Prosecutor shall conduct mandatory
5education seminars for all prosecutors serving in Mental
6Health courts throughout the State to ensure that the PSC
7maintains fidelity to the PSC model. Topics include, but are
8not limited to, evidence-based screening, assessment and
9treatment practices, target population, substance use
10disorders, mental illness, disability, co- occurring
11disorders, trauma, confidentiality, criminogenic risks and
12needs, incentives and sanctions, court processes, limited
13English proficiency and team dynamics.
 
14    (730 ILCS 168/55 new)
15    Sec. 55. Education seminars for Mental Health Court public
16defenders. Subject to appropriation, the Office of the State
17Appellate Defender shall conduct mandatory education seminars
18on the subjects of substance use disorder, addiction, and
19mental health, for all public defenders and assistant public
20defenders practicing in Mental Health courts throughout the
21State to ensure that the PSC maintains fidelity to the PSC
22model. Topics include, but are not limited to, evidence-based
23screening, assessment and treatment practices, target
24population, substance use disorders, mental illness,
25disability, co-occurring disorders, trauma, confidentiality,

 

 

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1criminogenic risks and needs, incentives and sanctions, court
2processes, limited English proficiency and team dynamics.