Illinois General Assembly - Full Text of SB2565
Illinois General Assembly

Previous General Assemblies

Full Text of SB2565  102nd General Assembly

SB2565eng 102ND GENERAL ASSEMBLY

  
  
  

 


 
SB2565 EngrossedLRB102 16553 KMF 21949 b

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, 25, 30, 35, 45, and 50 as follows:
 
6    (730 ILCS 166/5)
7    Sec. 5. Purposes. The General Assembly recognizes that
8individuals struggling with drug and alcohol dependency or
9addiction and substance use disorders may come into contact
10with the criminal justice system and be charged with felony or
11misdemeanor offenses. The General Assembly also recognizes
12that substance use disorders and mental illness co-occur in a
13substantial percentage of criminal defendants. the use and
14abuse of drugs has a dramatic effect on the criminal justice
15system in the State of Illinois. There is a critical need for
16the criminal justice system to recognize individuals
17struggling with these issues, provide alternatives to
18incarceration to address incidences a criminal justice system
19program that will reduce the incidence of drug use, drug
20addiction, and provide appropriate access to treatment and
21support to persons with substance use disorders. crimes
22committed as a result of drug use and drug addiction. It is the
23intent of the General Assembly to create specialized drug

 

 

SB2565 Engrossed- 2 -LRB102 16553 KMF 21949 b

1courts, in accordance with national best practices, for
2addressing addiction and co-occurring disorders with the
3necessary flexibility to meet the needs for an array of
4services and supports among participants in drug court
5programs 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", or "program" means an
10immediate and highly structured judicial intervention process
11for substance use abuse treatment of eligible defendants that
12brings together substance use abuse professionals, local
13social programs, and intensive judicial monitoring in
14accordance with the nationally recommended 10 key components
15of drug courts.
16    "Drug court professional" means a member of the drug court
17team, including but not limited to a judge, prosecutor,
18defense attorney, probation officer, coordinator, licensed
19treatment provider, or peer recovery coach.
20    "Pre-adjudicatory drug court program" means a program that
21allows the defendant, with the consent of the prosecution, to
22expedite the defendant's criminal case before conviction or
23before filing of a criminal case and requires successful
24completion of the drug court program as part of the agreement.
25    "Post-adjudicatory drug court program" means a program in

 

 

SB2565 Engrossed- 3 -LRB102 16553 KMF 21949 b

1which the defendant has admitted guilt or has been found
2guilty and agrees, along with the prosecution, to enter a drug
3court program as part of the defendant's sentence.
4    "Combination drug court program" means a drug court
5program that includes a pre-adjudicatory drug court program
6and a post-adjudicatory drug court program.
7    "Clinical treatment plan" means an evidence-based,
8comprehensive, and individualized plan that defines the scope
9of treatment services to be delivered by a court treatment
10provider.
11    "Validated clinical assessment" may include assessment
12tools required by public or private insurance.
13    "Peer recovery coach" means a mentor assigned to a
14defendant during participation in a drug treatment court
15program who has been trained by the court, a service provider
16utilized by the court for substance use or mental health
17treatment, or be a recovery support specialist certified by
18the State of Illinois. Peer recovery coaches should be
19individuals with lived experience and shall guide and mentor
20the participant to successfully complete the assigned
21requirements and work to help facilitate participants'
22independence for continued success once the supports of the
23court are no longer available to them.
24(Source: P.A. 97-946, eff. 8-13-12.)
 
25    (730 ILCS 166/25)

 

 

SB2565 Engrossed- 4 -LRB102 16553 KMF 21949 b

1    Sec. 25. Procedure.
2    (a) The court shall order an eligibility screening and an
3assessment of the defendant by an agent designated by the
4State of Illinois to provide assessment services for the
5Illinois Courts. The assessment shall include a validated
6clinical assessment. The clinical assessment shall include,
7but not be limited to, assessments of substance use, mental
8and behavioral health needs. The clinical assessment shall be
9administered by a qualified clinician and used to inform any
10clinical treatment plans. Clinical treatment plans shall be
11developed, in part, upon the known availability of treatment
12resources available. An assessment need not be ordered if the
13court finds a valid assessment related to the present charge
14pending against the defendant has been completed within the
15previous 60 days.
16    (b) The judge shall inform the defendant that if the
17defendant fails to meet the conditions of the drug court
18program, eligibility to participate in the program may be
19revoked and the defendant may be sentenced or the prosecution
20continued as provided in the Unified Code of Corrections for
21the crime charged.
22    (c) The defendant shall execute a written agreement as to
23his or her participation in the program and shall agree to all
24of the terms and conditions of the program, including but not
25limited to the possibility of sanctions or incarceration for
26failing to abide or comply with the terms of the program.

 

 

SB2565 Engrossed- 5 -LRB102 16553 KMF 21949 b

1    (d) In addition to any conditions authorized under the
2Pretrial Services Act and Section 5-6-3 of the Unified Code of
3Corrections, the court may order the defendant to complete
4substance use abuse treatment in an outpatient, inpatient,
5residential, or jail-based custodial treatment program, order
6the defendant to complete mental health counseling in an
7inpatient or outpatient basis, comply with physicians'
8recommendation regarding medications and all follow up
9treatment for any mental health diagnosis made by the
10provider. Substance use treatment programs must be licensed by
11the State of Illinois as a Substance Use Prevention and
12Recovery (SUPR) provider and utilize evidence-based treatment.
13When referring participants to mental health treatment
14programs, the court shall prioritize providers certified as
15community mental health or behavioral health centers as
16possible. The court shall prioritize the least restrictive
17treatment option when ordering mental health or substance use
18treatment for participants. The court may order jail-based
19custodial treatment if it finds that jail-based treatment is
20the least restrictive alternative based on evidence that
21efforts were made to locate less restrictive alternatives to
22secure confinement and the reasons why efforts were
23unsuccessful in locating a less restrictive alternative to
24jail-based custodial treatment. Any period of time a defendant
25shall serve in a jail-based treatment program may not be
26reduced by the accumulation of good time or other credits and

 

 

SB2565 Engrossed- 6 -LRB102 16553 KMF 21949 b

1may be for a period of up to 120 days.
2    (e) The drug court program shall include a regimen of
3graduated requirements and rewards and sanctions, including
4but not limited to: fines, fees, costs, restitution,
5incarceration of up to 180 days, individual and group therapy,
6drug analysis testing, close monitoring by the court at a
7minimum of once every 30 days and supervision of progress,
8educational or vocational counseling as appropriate, and other
9requirements necessary to fulfill the drug court program. If
10the defendant needs treatment for opioid use abuse or
11dependence, the court may not prohibit the defendant from
12participating in and receiving medication assisted treatment
13under the care of a physician licensed in this State to
14practice medicine in all of its branches. Drug court
15participants may not be required to refrain from using
16medication assisted treatment as a term or condition of
17successful completion of the drug court program.
18    (f) Recognizing that individuals struggling with mental
19health, addiction, and related co-occurring disorders have
20often experienced trauma, drug court programs may include
21specialized service programs specifically designed to address
22trauma. These specialized services may be offered to
23defendants admitted to the drug court program. Judicial
24circuits establishing these specialized programs shall partner
25with advocates, survivors, and service providers in the
26development of the programs. Trauma-informed services and

 

 

SB2565 Engrossed- 7 -LRB102 16553 KMF 21949 b

1programming should be operated in accordance with best
2practices outlined by the Substance Abuse and Mental Health
3Service Administration's National Center for Trauma Informed
4Care (SAMHSA).
5    (g) The Court may establish a mentorship program that
6provides access and support to program participants by peer
7recovery coaches. Courts shall be responsible to administer
8the mentorship program with the support of mentors and local
9mental health and substance use treatment organizations. Peer
10recovery coaches shall be trained by the court, a service
11provider utilized by the court for substance use or mental
12health treatment, or be a recovery support specialist
13certified by the State of Illinois. Peer recovery coaches
14shall be approved by the Court and complete orientation with
15the court team prior to being assigned to participants in the
16program.
17(Source: P.A. 99-554, eff. 1-1-17.)
 
18    (730 ILCS 166/30)
19    Sec. 30. Mental health and substance use Substance abuse
20treatment.
21    (a) The drug court program shall maintain a network of
22substance use abuse treatment programs representing a
23continuum of graduated substance use abuse treatment options
24commensurate with the needs of defendants.
25    (b) Any substance use abuse treatment program to which

 

 

SB2565 Engrossed- 8 -LRB102 16553 KMF 21949 b

1defendants are referred must be licensed by the State of
2Illinois as SUPR providers and utilize evidence-based
3treatment, meet all of the rules and governing programs in
4Parts 2030 and 2060 of Title 77 of the Illinois Administrative
5Code.
6    (c) The drug court program may, at its discretion, employ
7additional services or interventions, as it deems necessary on
8a case by case basis.
9    (d) The drug court program may maintain or collaborate
10with a network of mental health treatment programs
11representing a continuum of treatment options commensurate
12with the needs of the defendant and available resources
13including programs with the State of Illinois and
14community-based programs supported and sanctioned by the State
15of Illinois. Partnerships with providers certified as
16community mental health or behavioral health centers shall be
17prioritized when possible.
18(Source: P.A. 92-58, eff. 1-1-02.)
 
19    (730 ILCS 166/35)
20    Sec. 35. Violation; termination; discharge.
21    (a) If the court finds from the evidence presented
22including but not limited to the reports or proffers of proof
23from the drug court professionals that:
24        (1) the defendant is not performing satisfactorily in
25    the assigned program;

 

 

SB2565 Engrossed- 9 -LRB102 16553 KMF 21949 b

1        (2) the defendant is not benefitting from education,
2    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 him
12or her or proceed under Section 5-6-4 of the Unified Code of
13Corrections for a violation of probation, conditional
14discharge, or supervision hearing.
15    (a-5) A defendant who is assigned to a substance use abuse
16treatment program under this Act for opioid use abuse or
17dependence is not in violation of the terms or conditions of
18the program on the basis of his or her participation in
19medication assisted treatment under the care of a physician
20licensed in this State to practice medicine in all of its
21branches.
22    (b) Upon successful completion of the terms and conditions
23of the program, the court may dismiss the original charges
24against the defendant or successfully terminate the
25defendant's sentence or otherwise discharge him or her from
26any further proceedings against the defendant him or her in

 

 

SB2565 Engrossed- 10 -LRB102 16553 KMF 21949 b

1the original prosecution.
2    (c) Upon successful completion of the terms and conditions
3of the program, any State's Attorney in the county of
4conviction may move to vacate convictions held by the
5defendant that are eligible for sealing under the Criminal
6Identification Act. Participants may immediately file
7petitions to expunge vacated convictions and the associated
8underlying records per the Criminal Identification Act. In
9cases where the State's Attorney moves to vacate a conviction,
10the State's Attorney may not object to expungement of that
11conviction or the underlying record.
12    (d) The drug court program may maintain or collaborate
13with a network of legal aid organizations that specialize in
14conviction relief to support participants navigating the
15expungement and sealing process.
16(Source: P.A. 99-554, eff. 1-1-17.)
 
17    (730 ILCS 166/45)
18    Sec. 45. Education seminars for drug court prosecutors.
19Subject to appropriation, the Office of the State's Attorneys
20Appellate Prosecutor shall conduct mandatory education
21seminars on the subjects of substance use disorder abuse and
22addiction for all drug court prosecutors throughout the State.
23(Source: P.A. 99-480, eff. 9-9-15.)
 
24    (730 ILCS 166/50)

 

 

SB2565 Engrossed- 11 -LRB102 16553 KMF 21949 b

1    Sec. 50. Education seminars for public defenders. Subject
2to appropriation, the Office of the State Appellate Defender
3shall conduct mandatory education seminars on the subjects of
4substance use disorder abuse and addiction for all public
5defenders and assistant public defenders practicing in drug
6courts throughout the State.
7(Source: P.A. 99-480, eff. 9-9-15.)
 
8    Section 10. The Veterans and Servicemembers Court
9Treatment Act is amended by changing Sections 5, 10, 20, 25,
1030, and 35 and by adding Sections 40, 45, and 50 as follows:
 
11    (730 ILCS 167/5)
12    Sec. 5. Purposes. The General Assembly recognizes that
13veterans and active, Reserve and National Guard servicemembers
14have provided or are currently providing an invaluable service
15to our country. In so doing, some may suffer the effects of,
16including but not limited to, post traumatic stress disorder,
17traumatic brain injury, depression and may also suffer drug
18and alcohol dependency or addiction and co-occurring mental
19illness and substance use disorders abuse problems. As a
20result of this, some veterans or active duty servicemembers
21come into contact with the criminal justice system and are
22charged with felony or misdemeanor offenses. There is a
23critical need for the criminal justice system to recognize
24these veterans, provide accountability for their wrongdoing,

 

 

SB2565 Engrossed- 12 -LRB102 16553 KMF 21949 b

1provide for the safety of the public and provide for the
2treatment of our veterans. It is the intent of the General
3Assembly to create specialized veteran and servicemember
4courts or programs with the necessary flexibility to meet the
5specialized needs problems faced by these veteran and
6servicemember defendants.
7(Source: P.A. 96-924, eff. 6-14-10.)
 
8    (730 ILCS 167/10)
9    Sec. 10. Definitions. In this Act:
10    "Combination Veterans and Servicemembers Court program"
11means a court program that includes a pre-adjudicatory and a
12post-adjudicatory Veterans and Servicemembers court program.
13    "Court" means Veterans and Servicemembers Court.
14    "IDVA" means the Illinois Department of Veterans' Affairs.
15    "Peer recovery coach" means a volunteer veteran mentor
16assigned to a veteran or servicemember during participation in
17a veteran treatment court program who has been trained and
18certified by the court, a service provider utilized by the
19court for substance use or mental health treatment, or be a
20recovery support specialist certified by the State of
21Illinois. Peer recovery coaches should be individuals with
22lived experience and shall to guide and mentor the participant
23to successfully complete the assigned requirements and work to
24help facilitate participants' independence for continued
25success once the supports of the court are no longer available

 

 

SB2565 Engrossed- 13 -LRB102 16553 KMF 21949 b

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

 

 

SB2565 Engrossed- 14 -LRB102 16553 KMF 21949 b

1    "Veterans and Servicemembers Court" means a court or
2program with an immediate and highly structured judicial
3intervention process for substance use abuse treatment, mental
4health, or other assessed treatment needs of eligible veteran
5and servicemember defendants that brings together substance
6use abuse professionals, mental health professionals, VA
7professionals, local social programs and intensive judicial
8monitoring in accordance with the nationally recommended 10
9key components of drug courts.
10    "Clinical treatment plan" means an evidence-based,
11comprehensive, and individualized plan that defines the scope
12of treatment services to be delivered by a treatment provider.
13    "Validated clinical assessment" may include assessment
14tools required by public or private insurance.
15(Source: P.A. 99-314, eff. 8-7-15; 99-819, eff. 8-15-16.)
 
16    (730 ILCS 167/25)
17    Sec. 25. Procedure.
18    (a) The Court shall order the defendant to submit to an
19eligibility screening and an assessment through the VA, VAC,
20and/or the IDVA to provide information on the defendant's
21veteran or servicemember status.
22    (b) The Court shall order the defendant to submit to an
23eligibility screening and mental health and drug/alcohol
24screening and assessment of the defendant by the VA, VAC, or by
25the IDVA to provide assessment services for Illinois Courts.

 

 

SB2565 Engrossed- 15 -LRB102 16553 KMF 21949 b

1The assessment shall include a validated clinical assessment.
2The clinical assessment shall include, but not be limited to,
3assessments of substance use, mental and behavioral health
4needs. The clinical assessment shall be administered by a
5qualified clinician and used to inform any clinical treatment
6plans. Clinical treatment plans shall be developed risks
7assessment and be based, in part, upon the known availability
8of treatment resources available to the Veterans and
9Servicemembers Court. The assessment shall also include
10recommendations for treatment of the conditions which are
11indicating a need for treatment under the monitoring of the
12Court and be reflective of a level of risk assessed for the
13individual seeking admission. An assessment need not be
14ordered if the Court finds a valid screening and/or assessment
15related to the present charge pending against the defendant
16has been completed within the previous 60 days.
17    (c) The judge shall inform the defendant that if the
18defendant fails to meet the conditions of the Veterans and
19Servicemembers Court program, eligibility to participate in
20the program may be revoked and the defendant may be sentenced
21or the prosecution continued as provided in the Unified Code
22of Corrections for the crime charged.
23    (d) The defendant shall execute a written agreement with
24the Court as to his or her participation in the program and
25shall agree to all of the terms and conditions of the program,
26including but not limited to the possibility of sanctions or

 

 

SB2565 Engrossed- 16 -LRB102 16553 KMF 21949 b

1incarceration for failing to abide or comply with the terms of
2the program.
3    (e) 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
6substance use abuse treatment in an outpatient, inpatient,
7residential, or jail-based custodial treatment program, order
8the defendant to complete mental health counseling in an
9inpatient or outpatient basis, comply with physicians'
10recommendation regarding medications and all follow up
11treatment for any mental health diagnosis made by the
12provider. Substance use treatment programs must be licensed by
13the State of Illinois as a Substance Use Prevention and
14Recovery (SUPR) provider and utilize evidence-based treatment.
15When referring participants to mental health treatment
16programs, the court shall prioritize providers certified as
17community mental health or behavioral health centers as
18possible. The court shall prioritize the least restrictive
19treatment option when ordering mental health or substance use
20treatment for participants. The court may order jail-based
21custodial treatment if it finds that jail-based treatment is
22the least restrictive alternative based on evidence that
23efforts were made to locate less restrictive alternatives to
24secure confinement and the reasons why efforts were
25unsuccessful in locating a less restrictive alternative to
26jail-based custodial treatment. This treatment may include but

 

 

SB2565 Engrossed- 17 -LRB102 16553 KMF 21949 b

1is not limited to post-traumatic stress disorder, traumatic
2brain injury and depression.
3    (e-5) Recognizing that individuals struggling with mental
4health, addiction and related co-occurring disorders have
5often experienced trauma, veterans and servicemembers court
6programs may include specialized service programs specifically
7designed to address trauma. These specialized services may be
8offered to defendants admitted to the mental health court
9program. Judicial circuits establishing these specialized
10programs shall partner with advocates, survivors, and service
11providers in the development of the programs. Trauma-informed
12services and programming should be operated in accordance with
13best practices outlined by the Substance Abuse and Mental
14Health Service Administration's National Center for Trauma
15Informed Care (SAMHSA).
16    (f) The Court may establish a mentorship program that
17provides access and support to program participants by peer
18recovery coaches. Courts shall be responsible to administer
19the mentorship program with the support of volunteer veterans
20and local veteran service organizations, including a VAC. Peer
21recovery coaches shall be trained and certified by the Court,
22a service provider utilized by the court for substance use or
23mental health treatment, or be a recovery support specialist
24certified by the State of Illinois. Peer recovery coaches
25shall be approved by the Court and complete orientation with
26the court team prior to being assigned to participants in the

 

 

SB2565 Engrossed- 18 -LRB102 16553 KMF 21949 b

1program.
2(Source: P.A. 99-314, eff. 8-7-15; 99-819, eff. 8-15-16.)
 
3    (730 ILCS 167/30)
4    Sec. 30. Mental health and substance use abuse treatment.
5    (a) The Veterans and Servicemembers Court program may
6maintain a network of substance use abuse treatment programs
7representing a continuum of graduated substance use abuse
8treatment options commensurate with the needs of defendants;
9these shall include programs with the VA, IDVA, a VAC, the
10State of Illinois and community-based programs supported and
11sanctioned by either or both.
12    (b) Any substance use abuse treatment program to which
13defendants are referred must be licensed by the State of
14Illinois as SUPR providers and utilize best practices,
15recognized by the Substance Abuse and Mental Health Services
16Administration or other equivalent state or federal agencies,
17meet all of the rules and governing programs in Parts 2030 and
182060 of Title 77 of the Illinois Administrative Code.
19    (c) The Veterans and Servicemembers Court program may, in
20its discretion, employ additional services or interventions,
21as it deems necessary on a case by case basis.
22    (d) The Veterans and Servicemembers Court program may
23maintain or collaborate with a network of mental health
24treatment programs and, if it is a co-occurring mental health
25and substance use abuse court program, a network of substance

 

 

SB2565 Engrossed- 19 -LRB102 16553 KMF 21949 b

1use abuse treatment programs representing a continuum of
2treatment options commensurate with the needs of the defendant
3and available resources including programs with the VA, the
4IDVA, a VAC, and the State of Illinois. When not utilizing
5mental health treatment or services available through the VA,
6IDVA or VAC, partnerships with providers certified as
7community mental health or behavioral health centers shall be
8prioritized as possible.
9(Source: P.A. 99-819, eff. 8-15-16.)
 
10    (730 ILCS 167/35)
11    Sec. 35. Violation; termination; discharge.
12    (a) If the Court finds from the evidence presented
13including but not limited to the reports or proffers of proof
14from the Veterans and Servicemembers Court professionals that:
15        (1) the defendant is not performing satisfactorily in
16    the assigned program;
17        (2) the defendant is not benefitting from education,
18    treatment, or rehabilitation;
19        (3) the defendant has engaged in criminal conduct
20    rendering him or her unsuitable for the program; or
21        (4) the defendant has otherwise violated the terms and
22    conditions of the program or his or her sentence or is for
23    any reason unable to participate; the Court may impose
24    reasonable sanctions under prior written agreement of the
25    defendant, including but not limited to imprisonment or

 

 

SB2565 Engrossed- 20 -LRB102 16553 KMF 21949 b

1    dismissal of the defendant from the program and the Court
2    may reinstate criminal proceedings against him or her or
3    proceed under Section 5-6-4 of the Unified Code of
4    Corrections for a violation of probation, conditional
5    discharge, or supervision hearing.
6    (b) Upon successful completion of the terms and conditions
7of the program, the Court may dismiss the original charges
8against the defendant or successfully terminate the
9defendant's sentence or otherwise discharge him or her from
10any further proceedings against him or her in the original
11prosecution.
12    (c) Upon successful completion of the terms and conditions
13of the program, any State's Attorney in the county of
14conviction may move to vacate any convictions eligible for
15sealing under the Criminal Identification Act. Defendants may
16immediately file petitions to expunge vacated convictions and
17the associated underlying records per the Criminal
18Identification Act. In cases where the State's Attorney moves
19to vacate a conviction, the State's Attorney may not object to
20expungement of that conviction or the underlying record.
21    (d) Veterans and servicemembers court programs may
22maintain or collaborate with a network of legal aid
23organizations that specialize in conviction relief to support
24participants navigating the expungement and sealing process.
25(Source: P.A. 96-924, eff. 6-14-10.)
 

 

 

SB2565 Engrossed- 21 -LRB102 16553 KMF 21949 b

1    (730 ILCS 167/40 new)
2    Sec. 40. Education seminars for judges. The Administrative
3Office of the Illinois Courts shall conduct education seminars
4for judges throughout the State on how to operate Veterans and
5Servicemembers Court Programs.
 
6    (730 ILCS 167/45 new)
7    Sec. 45. Education seminars for Veterans and
8Servicemembers Court prosecutors. Subject to appropriation,
9the Office of the State's Attorneys Appellate Prosecutor shall
10conduct mandatory education seminars on the subjects of
11substance use, addiction, and mental health, for all Veterans
12and Servicemembers Court prosecutors throughout the State.
 
13    (730 ILCS 167/50 new)
14    Sec. 50. Education seminars for public defenders. Subject
15to appropriation, the Office of the State Appellate Defender
16shall conduct mandatory education seminars on the subjects of
17substance use, addiction, and mental health, for all public
18defenders and assistant public defenders practicing in
19Veterans and Servicemembers Courts throughout the State.
 
20    Section 15. The Mental Health Court Treatment Act is
21amended by changing Sections 5, 10, 20, 25, 30, and 35 and by
22adding Sections 45, 50, and 55 as follows:
 

 

 

SB2565 Engrossed- 22 -LRB102 16553 KMF 21949 b

1    (730 ILCS 168/5)
2    Sec. 5. Purposes. The General Assembly recognizes that a
3large percentage of criminal defendants have a diagnosable
4mental illness and that mental illnesses have a dramatic
5effect on the criminal justice system in the State of
6Illinois. The General Assembly also recognizes that mental
7illness and substance use disorders abuse problems co-occur in
8a substantial percentage of criminal defendants. There is a
9critical need for a criminal justice system program that will
10reduce the number of persons with mental illnesses and with
11co-occurring mental illness and substance use disorders abuse
12problems in the criminal justice system, reduce recidivism
13among persons with mental illness and with co-occurring mental
14illness and substance use disorders abuse problems, provide
15appropriate treatment to persons with mental illnesses and
16co-occurring mental illness and substance use disorders abuse
17problems and reduce the incidence of crimes committed as a
18result of mental illnesses or co-occurring mental illness and
19substance use disorders abuse problems. It is the intent of
20the General Assembly to create specialized mental health
21courts with the necessary flexibility to meet the needs
22problems of criminal defendants with mental illnesses and
23co-occurring mental illness and substance use disorders abuse
24problems in the State of Illinois.
25(Source: P.A. 95-606, eff. 6-1-08.)
 

 

 

SB2565 Engrossed- 23 -LRB102 16553 KMF 21949 b

1    (730 ILCS 168/10)
2    Sec. 10. Definitions. As used in this Act:
3    "Mental health court", "mental health court program", or
4"program" means a structured judicial intervention process for
5mental health treatment of eligible defendants that brings
6together mental health professionals, local social programs,
7and intensive judicial monitoring.
8    "Mental health court professional" means a member of the
9mental health court team, including but not limited to a
10judge, prosecutor, defense attorney, probation officer,
11coordinator, treatment provider, or peer recovery coach.
12    "Pre-adjudicatory mental health court program" means a
13program that allows the defendant, with the consent of the
14prosecution, to expedite the defendant's criminal case before
15conviction or before filing of a criminal case and requires
16successful completion of the mental health court program as
17part of the agreement.
18    "Post-adjudicatory mental health court program" means a
19program in which the defendant has admitted guilt or has been
20found guilty and agrees, along with the prosecution, to enter
21a mental health court program as part of the defendant's
22sentence.
23    "Combination mental health court program" means a mental
24health court program that includes a pre-adjudicatory mental
25health court program and a post-adjudicatory mental health
26court program.

 

 

SB2565 Engrossed- 24 -LRB102 16553 KMF 21949 b

1    "Co-occurring mental health and substance use abuse court
2program" means a program that includes persons with
3co-occurring mental illness and substance use disorders abuse
4problems. Such programs shall include professionals with
5training and experience in treating persons with substance use
6disorders abuse problems and mental illness.
7    "Clinical treatment plan" means an evidence-based,
8comprehensive, and individualized plan that defines the scope
9of treatment services to be delivered by a treatment provider.
10    "Validated clinical assessment" may include assessment
11tools required by public or private insurance.
12    "Peer recovery coach" means a mentor assigned to a
13defendant during participation in a mental health treatment
14court program who has been trained by the court, a service
15provider utilized by the court for substance use or mental
16health treatment, or be a recovery support specialist
17certified by the State of Illinois. Peer recovery coaches
18should be individuals with lived experience and shall guide
19and mentor the participant to successfully complete the
20assigned requirements and work to help facilitate
21participants' independence for continued success once the
22supports of the court are no longer available to them.
23(Source: P.A. 97-946, eff. 8-13-12.)
 
24    (730 ILCS 168/20)
25    Sec. 20. Eligibility.

 

 

SB2565 Engrossed- 25 -LRB102 16553 KMF 21949 b

1    (a) A defendant, who is eligible for probation based on
2the nature of the crime convicted of and in consideration of
3his or her criminal background, if any, may be admitted into a
4mental health court program only upon the agreement of the
5defendant and with the approval of the court.
6    (b) A defendant shall be excluded from a mental health
7court program if any one of the following applies:
8        (1) The crime is a crime of violence as set forth in
9    clause (3) of this subsection (b).
10        (2) The defendant does not demonstrate a willingness
11    to participate in a treatment program.
12        (3) The defendant has been convicted of a crime of
13    violence within the past 10 years excluding incarceration
14    time. As used in this paragraph (3), "crime of violence"
15    means: first degree murder, second degree murder,
16    predatory criminal sexual assault of a child, aggravated
17    criminal sexual assault, criminal sexual assault, armed
18    robbery, aggravated arson, arson, aggravated kidnapping,
19    kidnapping, aggravated battery resulting in great bodily
20    harm or permanent disability, stalking, aggravated
21    stalking, or any offense involving the discharge of a
22    firearm.
23        (4) (Blank).
24        (5) The crime for which the defendant has been
25    convicted is non-probationable.
26        (6) The sentence imposed on the defendant, whether the

 

 

SB2565 Engrossed- 26 -LRB102 16553 KMF 21949 b

1    result of a plea or a finding of guilt, renders the
2    defendant ineligible for probation.
3    (c) A defendant charged with prostitution under Section
411-14 of the Criminal Code of 2012 may be admitted into a
5mental health court program, if available in the jurisdiction
6and provided that the requirements in subsections (a) and (b)
7are satisfied. Mental health court programs may include
8specialized service programs specifically designed to address
9the trauma associated with prostitution and human trafficking,
10and may offer those specialized services to defendants
11admitted to the mental health court program. Judicial circuits
12establishing these specialized programs shall partner with
13prostitution and human trafficking advocates, survivors, and
14service providers in the development of the programs.
15(Source: P.A. 100-426, eff. 1-1-18.)
 
16    (730 ILCS 168/25)
17    Sec. 25. Procedure.
18    (a) The court shall require an eligibility screening and
19an assessment of the defendant. The assessment shall include a
20validated clinical assessment. The clinical assessment shall
21include, but not be limited to, assessments of substance use,
22mental and behavioral health needs. The clinical assessment
23shall be administered by a qualified clinician and used to
24inform any clinical treatment plans. Clinical treatment plans
25shall be developed, in part, upon the known availability of

 

 

SB2565 Engrossed- 27 -LRB102 16553 KMF 21949 b

1treatment resources available. An assessment need not be
2ordered if the court finds a valid assessment related to the
3present 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 requirements of the mental health
7court program, eligibility to participate in the program may
8be revoked and the defendant may be sentenced or the
9prosecution continued, as provided in the Unified Code of
10Corrections, for the 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
19mental health or substance use abuse treatment in an
20outpatient, inpatient, residential, or jail-based custodial
21treatment program, order the defendant to complete mental
22health counseling in an inpatient or outpatient basis, comply
23with physicians' recommendation regarding medications and all
24follow up treatment for any mental health diagnosis made by
25the provider. Substance abuse treatment programs must be
26licensed by the State of Illinois as a Substance Use

 

 

SB2565 Engrossed- 28 -LRB102 16553 KMF 21949 b

1Prevention and Recovery (SUPR) provider and utilize
2evidence-based treatment. When referring participants to
3mental health treatment programs, the court shall prioritize
4providers certified as community mental health or behavioral
5health centers as possible. The court shall prioritize the
6least restrictive treatment option when ordering mental health
7or substance use treatment for participants. The court may
8order 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 mental health court program may include a regimen
18of graduated requirements and rewards and sanctions, including
19but not limited to: fines, fees, costs, restitution,
20incarceration of up to 180 days, individual and group therapy,
21medication, drug analysis testing, close monitoring by the
22court and supervision of progress, educational or vocational
23counseling as appropriate and other requirements necessary to
24fulfill the mental health court program.
25    (f) The Mental Health Court program may maintain or
26collaborate with a network of mental health treatment programs

 

 

SB2565 Engrossed- 29 -LRB102 16553 KMF 21949 b

1and, if it is a co-occurring mental health and substance use
2court program, a network of substance use treatment programs
3representing a continuum of treatment options commensurate
4with the needs of the defendant and available resources
5including programs with the State of Illinois.
6    (g) Recognizing that individuals struggling with mental
7health, addiction and related co-occurring disorders have
8often experienced trauma, mental health court programs may
9include specialized service programs specifically designed to
10address trauma. These specialized services may be offered to
11defendants admitted to the mental health court program.
12Judicial circuits establishing these specialized programs
13shall partner with service providers in the development of the
14programs. Trauma-informed services and programming should be
15operated in accordance with best practices outlined by the
16Substance Abuse and Mental Health Service Administration's
17National Center for Trauma Informed Care (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 treatment organizations. Peer
23recovery coaches shall be trained and licensed by the court, a
24service provider utilized by the court for substance use or
25mental health treatment, or be a recovery support specialist
26certified by the State of Illinois. Peer recovery coaches

 

 

SB2565 Engrossed- 30 -LRB102 16553 KMF 21949 b

1shall be approved by the Court and complete orientation with
2the court team prior to being assigned to participants in the
3program.
4(Source: P.A. 95-606, eff. 6-1-08.)
 
5    (730 ILCS 168/30)
6    Sec. 30. Mental health and substance use abuse treatment.
7    (a) The mental health court program may maintain or
8collaborate with a network of mental health treatment programs
9and, if it is a co-occurring mental health and substance use
10abuse court program, a network of substance use abuse
11treatment programs representing a continuum of treatment
12options commensurate with the needs of defendants and
13available resources.
14    (b) Any substance use abuse treatment program to which
15defendants are referred must be licensed by the State of
16Illinois as SUPR providers and utilize evidence-based
17treatment, meet all of the rules and governing programs in
18Parts 2030 and 2060 of Title 77 of the Illinois Administrative
19Code.
20    (c) The mental health court program may, at its
21discretion, employ additional services or interventions, as it
22deems necessary on a case by case basis.
23(Source: P.A. 95-606, eff. 6-1-08.)
 
24    (730 ILCS 168/35)

 

 

SB2565 Engrossed- 31 -LRB102 16553 KMF 21949 b

1    Sec. 35. Violation; termination; discharge.
2    (a) If the court finds from the evidence presented,
3including but not limited to the reports or proffers of proof
4from the mental health court professionals that:
5        (1) the defendant is not performing satisfactorily in
6    the assigned program;
7        (2) the defendant is not benefiting from education,
8    treatment, or rehabilitation;
9        (3) the defendant has engaged in criminal conduct
10    rendering him or her unsuitable for the program; or
11        (4) the defendant has otherwise violated the terms and
12    conditions of the program or his or her sentence or is for
13    any reason unable to participate;
14the court may impose reasonable sanctions under prior written
15agreement of the defendant, including but not limited to
16imprisonment or dismissal of the defendant from the program;
17and the court may reinstate criminal proceedings against him
18or her or proceed under Section 5-6-4 of the Unified Code of
19Corrections for a violation of probation, conditional
20discharge, or supervision hearing. No defendant may be
21dismissed from the program unless, prior to such dismissal,
22the defendant is informed in writing: (i) of the reason or
23reasons for the dismissal; (ii) the evidentiary basis
24supporting the reason or reasons for the dismissal; (iii) that
25the defendant has a right to a hearing at which he or she may
26present evidence supporting his or her continuation in the

 

 

SB2565 Engrossed- 32 -LRB102 16553 KMF 21949 b

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

 

 

SB2565 Engrossed- 33 -LRB102 16553 KMF 21949 b

1    (730 ILCS 168/45 new)
2    Sec. 45. Education seminars for judges. The Administrative
3Office of the Illinois Courts shall conduct education seminars
4for judges throughout the State on how to operate Mental
5Health Court programs.
 
6    (730 ILCS 168/50 new)
7    Sec. 50. Education seminars for Mental Health Court
8prosecutors. Subject to appropriation, the Office of the
9State's Attorneys Appellate Prosecutor shall conduct mandatory
10education seminars on the subjects of substance use, addiction
11and mental health, for all prosecutors serving in Mental
12Health courts throughout the State.
 
13    (730 ILCS 168/55 new)
14    Sec. 55. Education seminars for public defenders. Subject
15to appropriation, the Office of the State Appellate Defender
16shall conduct mandatory education seminars on the subjects of
17substance use, addiction, and mental health, for all public
18defenders and assistant public defenders practicing in Mental
19Health courts throughout the State.