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Full Text of SB2565  102nd General Assembly

SB2565ham001 102ND GENERAL ASSEMBLY

Rep. Lindsey LaPointe

Filed: 3/15/2022

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 2565

2    AMENDMENT NO. ______. Amend Senate Bill 2565 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Drug Court Treatment Act is amended by
5changing Sections 5, 10, 15, 20, 25, 30, 35, 40, 45, and 50 as
6follows:
 
7    (730 ILCS 166/5)
8    Sec. 5. Purposes. The General Assembly recognizes that
9individuals struggling with substance use disorders may come
10into contact with the criminal justice system and be charged
11with felony or misdemeanor offenses. The General Assembly also
12recognizes that substance use disorders and mental illness
13co-occur in a substantial percentage of criminal defendants
14the use and abuse of drugs has a dramatic effect on the
15criminal justice system in the State of Illinois. There is a
16critical need for the a criminal justice system to recognize

 

 

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1individuals struggling with these issues, provide alternatives
2to incarceration to address substance use disorders when
3possible, and provide appropriate access to treatment and
4support to such individuals program that will reduce the
5incidence of drug use, drug addiction, and crimes committed as
6a result of drug use and drug addiction. It is the intent of
7the General Assembly to create specialized drug courts, in
8accordance with evidence-based practices and the Illinois
9Supreme Court Problem-Solving Court Standards for addressing
10substance use and co-occurring disorders, with the necessary
11flexibility to meet the needs for an array of services and
12supports among participants in certified drug court programs
13the drug problems in the State of Illinois.
14(Source: P.A. 92-58, eff. 1-1-02.)
 
15    (730 ILCS 166/10)
16    Sec. 10. Definitions. As used in this Act:
17    "Certification" means the process by which a
18problem-solving court obtains approval from the Supreme Court
19to operate in accordance with the Problem-Solving Court
20Standards.
21    "Clinical treatment plan" means an evidence-based,
22comprehensive, and individualized plan that: (i) is developed
23by a qualified professional in accordance with the Department
24of Human Services substance use prevention and recovery rules
25under 77 Ill. Adm. Code 2060 or an equivalent standard in any

 

 

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1state where treatment may take place; and (ii) defines the
2scope of treatment services to be delivered by a court
3treatment provider.
4    "Combination drug court program" means a type of
5problem-solving court that allows an individual to enter a
6problem-solving court before a plea, conviction, or
7disposition while also permitting an individual who has
8admitted guilt, or been found guilty, to enter a
9problem-solving court as a part of the individual's sentence
10or disposition.
11    "Community behavioral health center" means a physical site
12where behavioral healthcare services are provided in
13accordance with the Community Behavioral Health Center
14Infrastructure Act.
15    "Community mental health center" means an entity:
16        (1) licensed by the Department of Public Health as a
17    community mental health center in accordance with the
18    conditions of participation for community mental health
19    centers established by the Centers for Medicare and
20    Medicaid Services; and
21        (2) that provides outpatient services, including
22    specialized outpatient services, for individuals who are
23    chronically mental ill.
24    "Co-occurring mental health and substance use disorders
25court program" means a program that includes an individual
26with co-occurring mental illness and substance use disorder

 

 

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1diagnoses and professionals with training and experience in
2treating individuals with diagnoses of substance use disorder
3and mental illness.
4    "Drug court", "drug court program", "court", or "program"
5means a specially designated court, court calendar, or docket
6facilitating intensive therapeutic treatment to monitor and
7assist participants with substance use disorders in making
8positive lifestyle changes and reducing the rate of
9recidivism. Drug court programs are nonadversarial in nature
10and bring together substance use disorder professionals, local
11social programs, and monitoring in accordance with the
12nationally recommended 10 key components of drug courts and
13the Problem-Solving Court Standards. Common features of a drug
14court program include, but are not limited to, a designated
15judge and staff; specialized intake and screening procedures;
16coordinated treatment procedures administered by a trained,
17multidisciplinary professional team; close evaluation of
18participants, including continued assessments and modification
19of the court requirements and use of sanctions, incentives,
20and therapeutic adjustments to address behavior; frequent
21judicial interaction with participants; less formal court
22process and procedures; voluntary participation; and a low
23treatment staff-to-client ratio. an immediate and highly
24structured judicial intervention process for substance abuse
25treatment of eligible defendants that brings together
26substance abuse professionals, local social programs, and

 

 

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1intensive judicial monitoring in accordance with the
2nationally recommended 10 key components of drug courts.
3    "Drug court professional" means a member of the drug court
4team, including but not limited to a judge, prosecutor,
5defense attorney, probation officer, coordinator, or treatment
6provider, or peer recovery coach.
7    "Peer recovery coach" means a mentor assigned to a
8defendant during participation in a drug treatment court
9program who has been trained by the court, a service provider
10used by the court for substance use disorder or mental health
11treatment, a local service provider with an established peer
12recovery coach or mentor program not otherwise used by the
13court for treatment, or a Certified Recovery Support
14Specialist certified by the Illinois Certification Board.
15"Peer recovery coach" includes individuals with lived
16experiences of the issues the problem-solving court seeks to
17address, including, but not limited to, substance use
18disorder, mental illness, and co-occurring disorders or
19involvement with the criminal justice system. "Peer recovery
20coach" includes individuals required to guide and mentor the
21participant to successfully complete assigned requirements and
22to facilitate participants' independence for continued success
23once the supports of the court are no longer available to them.
24    "Post-adjudicatory drug court program" means a program
25that allows an individual who has admitted guilt or has been
26found guilty, with the defendant's consent, and the approval

 

 

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1of the court, to enter a drug court program as part of the
2defendant's sentence or disposition.
3    "Pre-adjudicatory drug court program" means a program that
4allows the defendant, with the defendant's consent and the
5approval of the court, to enter the drug court program before
6plea, conviction, or disposition and requires successful
7completion of the drug court program as part of the agreement.
8    "Problem-Solving Court Standards" means the statewide
9standards adopted by the Supreme Court that set forth the
10minimum requirements for the planning, establishment,
11certification, operation, and evaluation of all
12problem-solving courts in this State.
13    "Validated clinical assessment" means a validated
14assessment tool administered by a qualified clinician to
15determine the treatment needs of participants. "Validated
16clinical assessment" includes assessment tools required by
17public or private insurance.
18    "Pre-adjudicatory drug court program" means a program that
19allows the defendant, with the consent of the prosecution, to
20expedite the defendant's criminal case before conviction or
21before filing of a criminal case and requires successful
22completion of the drug court program as part of the agreement.
23    "Post-adjudicatory drug court program" means a program in
24which the defendant has admitted guilt or has been found
25guilty and agrees, along with the prosecution, to enter a drug
26court program as part of the defendant's sentence.

 

 

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

 

 

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1    (c) (Blank). Upon petition of the county board by the
2State's Attorney, the court may, for good cause shown of
3financial hardship or lack of necessary resources, enter an
4order delaying the implementation of the requirements of
5subsection (a) of this Section for an individual county, for a
6period not to exceed 2 years.
7(Source: P.A. 96-776, eff. 1-1-10.)
 
8    (730 ILCS 166/20)
9    Sec. 20. Eligibility.
10    (a) A defendant may be admitted into a drug court program
11only upon the consent agreement of the defendant and with the
12approval of the court. A defendant agrees to be admitted when a
13written consent to participate is provided to the court in
14open court and the defendant acknowledges understanding its
15contents.
16    (a-5) Each drug court shall have a target population
17defined in its written policies and procedures. The policies
18and procedures shall define that court's eligibility and
19exclusionary criteria.
20    (b) A defendant shall be excluded from a drug court
21program if any of one of the following applies apply:
22        (1) The crime is a crime of violence as set forth in
23    paragraph clause (4) of this subsection (b).
24        (2) The defendant denies his or her use of or
25    addiction to drugs.

 

 

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1        (3) The defendant does not demonstrate a willingness
2    to participate in a treatment program.
3        (4) The defendant has been convicted of a crime of
4    violence within the past 5 10 years excluding
5    incarceration time. As used in this paragraph Section,
6    "crime of violence" means: first degree murder, second
7    degree murder, predatory criminal sexual assault of a
8    child, aggravated criminal sexual assault, criminal sexual
9    assault, armed robbery, aggravated arson, arson,
10    aggravated kidnaping, kidnapping kidnaping, aggravated
11    battery resulting in great bodily harm or permanent
12    disability, aggravated domestic battery resulting in great
13    bodily harm or permanent disability, aggravated criminal
14    sexual abuse by a person in a position of trust or
15    authority over a child, stalking, aggravated stalking,
16    home invasion, or aggravated vehicular hijacking any
17    offense involving the discharge of a firearm.
18        (5) The defendant is charged with a violation of
19    subparagraph (F) of paragraph (1) of subsection (d) of
20    Section 11-501 of the Illinois Vehicle Code in which an
21    individual is charged with aggravated driving under the
22    influence that resulted in the death of another person or
23    when the violation was a proximate cause of the death,
24    unless, pursuant to subparagraph (G) of paragraph (1) of
25    subsection (d) of Section 11-501 of the Illinois Vehicle
26    Code, the court determines that extraordinary

 

 

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1    circumstances exist and require probation.
2    (c) Notwithstanding subsection (a), the defendant may be
3admitted into a drug court program only upon the agreement of
4the prosecutor if the defendant is charged with a Class 2 or
5greater felony violation of:
6        (1) Section 401, 401.1, 405, or 405.2 of the Illinois
7    Controlled Substances Act;
8        (2) Section 5, 5.1, or 5.2 of the Cannabis Control
9    Act; or
10        (3) Section 15, 20, 25, 30, 35, 40, 45, 50, 55, 56, or
11    65 of the Methamphetamine Control and Community Protection
12    Act.
13the defendant is charged with a Class 2 or greater felony
14violation of:
15            (A) Section 401, 401.1, 405, or 405.2 of the
16        Illinois Controlled Substances Act;
17            (B) Section 5, 5.1, or 5.2 of the Cannabis Control
18        Act;
19            (C) Section 15, 20, 25, 30, 35, 40, 45, 50, 55, 56,
20        or 65 of the Methamphetamine Control and Community
21        Protection Act; or
22        (2) the defendant has previously, on 3 or more
23    occasions, either completed a drug court program, been
24    discharged from a drug court program, or been terminated
25    from a drug court program.
26(Source: P.A. 99-480, eff. 9-9-15.)
 

 

 

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1    (730 ILCS 166/25)
2    Sec. 25. Procedure.
3    (a) A The court shall order an eligibility screening and
4clinical needs an assessment and risk assessment of the
5defendant shall be performed as required by the court's
6policies and procedures prior to the defendant's admission
7into a drug court. The clinical needs assessment shall be
8conducted in accordance with the Department of Human Services
9substance use prevention and recovery rules under 77 Ill. Adm.
10Code 2060. The assessment shall include, but is not limited
11to, assessments of substance use and mental and behavioral
12health needs. The assessment shall be administered by
13individuals approved under the Department of Human Services
14substance use prevention and recovery rules for professional
15staff under 77 Ill. Adm. Code 2060 and used to inform any
16clinical treatment plans. Clinical treatment plans shall be
17developed in accordance with the Problem-Solving Court
18Standards and in part upon the known availability of treatment
19resources.
20    Any risk assessment shall be performed using an assessment
21tool approved by the Administrative Office of the Illinois
22Courts and as required by the court's policies and procedures.
23by an agent designated by the State of Illinois to provide
24assessment services for the Illinois Courts.
25     An assessment need not be ordered if the court finds a

 

 

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

 

 

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1evidence-based treatment. When referring participants to
2mental health treatment programs, the court shall prioritize
3providers certified as community mental health or behavioral
4health centers if possible. The court shall consider the least
5restrictive treatment option when ordering mental health or
6substance use disorder treatment for participants and the
7results of clinical and risk assessments in accordance with
8the Problem-Solving Court Standards. defendant to complete
9substance abuse treatment in an outpatient, inpatient,
10residential, or jail-based custodial treatment program. Any
11period of time a defendant shall serve in a jail-based
12treatment program may not be reduced by the accumulation of
13good time or other credits and may be for a period of up to 120
14days.
15    (e) The drug court program shall include a regimen of
16graduated requirements, including and rewards and sanctions,
17including but not limited to: fines, fees, costs, restitution,
18incarceration of up to 180 days, individual and group therapy,
19substance drug analysis testing, close monitoring by the
20court, restitution, at a minimum of once every 30 days and
21supervision of progress, educational or vocational counseling
22as appropriate, and other requirements necessary to fulfill
23the drug court program. Program phases, therapeutic
24adjustments, incentives, and sanctions, including the use of
25jail sanctions, shall be administered in accordance with
26evidence-based practices and the Problem-Solving Court

 

 

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

 

 

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1mental health and substance use disorder treatment
2organizations.
3(Source: P.A. 99-554, eff. 1-1-17.)
 
4    (730 ILCS 166/30)
5    Sec. 30. Mental health and substance use disorder
6Substance abuse treatment.
7    (a) The drug court program shall maintain a network of
8substance use disorder abuse treatment programs representing a
9continuum of graduated substance use disorder abuse treatment
10options commensurate with the needs of the participant
11defendants.
12    (b) Any substance use disorder abuse treatment program to
13which participants defendants are referred must hold a valid
14license from the Department of Human Services Division of
15Substance Use Prevention and Recovery, use evidence-based
16treatment, and deliver all services in accordance with 77 Ill.
17Adm. Code 2060, including services available through the
18United States Department of Veterans Affairs, the Illinois
19Department of Veterans' Affairs, or Veterans Assistance
20Commission, or an equivalent standard in any other state where
21treatment may take place meet all of the rules and governing
22programs in Parts 2030 and 2060 of Title 77 of the Illinois
23Administrative Code.
24    (c) The drug court program may, at its discretion, employ
25additional services or interventions, as it deems necessary on

 

 

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1a case by case basis.
2    (d) The drug court program may maintain or collaborate
3with a network of mental health treatment programs
4representing a continuum of treatment options commensurate
5with the needs of the participant and available resources,
6including programs with the State and community-based programs
7supported and sanctioned by the State. Partnerships with
8providers certified as mental health or behavioral health
9centers shall be prioritized when possible.
10(Source: P.A. 92-58, eff. 1-1-02.)
 
11    (730 ILCS 166/35)
12    Sec. 35. Violation; termination; dismissal from program
13discharge.
14    (a) If the court finds from the evidence presented,
15including, but not limited to, the reports or proffers of
16proof from the drug court professionals, that: (1) the
17participant is not complying with the requirements of the
18treatment program; or (2) the participant has otherwise
19violated the terms and conditions of the program, the court
20may impose reasonable sanctions under the prior written
21agreement of the participant, including, but not limited to,
22imprisonment or dismissal of the participant from the program,
23and the court may reinstate criminal proceedings against the
24participant or proceed under Section 5-6-4 of the Unified Code
25of Corrections for a violation of probation, conditional

 

 

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

 

 

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1substance use disorder abuse treatment program under this Act
2for an opioid use disorder abuse or dependence is not in
3violation of the terms or conditions of the program on the
4basis of his or her participation in medication-assisted
5medication assisted treatment under the care of a physician
6licensed in this State to practice medicine in all of its
7branches.
8    (a-15) A participant may voluntarily withdraw from the
9drug court program in accordance with the drug court program's
10policies and procedures. Prior to allowing the participant to
11withdraw, the judge shall:
12        (1) ensure that the participant has the right to
13    consult with counsel prior to withdrawal;
14        (2) determine in open court that the withdrawal is
15    made voluntarily and knowingly; and
16        (3) admonish the participant in open court as to the
17    consequences, actual or potential, which can result from
18    withdrawal.
19    Upon withdrawal, the criminal proceedings may be
20reinstated against the participant or proceedings may be
21initiated under Section 5-6-4 of the Unified Code of
22Corrections for a violation of probation, conditional
23discharge, or supervision hearing.
24    (a-20) No participant may be dismissed from the program
25unless, prior to dismissal, the participant is informed in
26writing:

 

 

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1        (1) of the reason or reasons for the dismissal;
2        (2) the evidentiary basis supporting the reason or
3    reasons for the dismissal; and
4        (3) that the participant has a right to a hearing at
5    which the participant may present evidence supporting the
6    participant's continuation in the program.
7    (a-25) A participant who has not violated the conditions
8of the program in such a way as to warrant unsuccessful
9dismissal, but who is unable to complete program requirements
10to qualify for a successful discharge, may be terminated from
11the program as a neutral discharge.
12    (b) Upon successful completion of the terms and conditions
13of the program, the court may dismiss the original charges
14against the participant defendant or successfully terminate
15the participant's defendant's sentence or otherwise discharge
16the participant him or her from any further proceedings
17against the participant him or her in the original
18prosecution.
19    (c) Upon successful completion of the terms and conditions
20of the program, any State's Attorney in the county of
21conviction, participant, or defense attorney may move to
22vacate any convictions that are eligible for sealing under the
23Criminal Identification Act. A participant may immediately
24file a petition to expunge vacated convictions and the
25associated underlying records per the Criminal Identification
26Act. If the State's Attorney moves to vacate a conviction, the

 

 

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1State's Attorney may not object to expungement of that
2conviction or the underlying record.
3    (d) The drug court program may maintain or collaborate
4with a network of legal aid organizations that specialize in
5conviction relief to support participants navigating the
6expungement and sealing process.
7(Source: P.A. 99-554, eff. 1-1-17.)
 
8    (730 ILCS 166/40)
9    Sec. 40. Education seminars for judges. A judge assigned
10to preside over a drug treatment court shall have experience,
11training, and continuing education in topics including, but
12not limited to:
13    (1) criminal law;
14    (2) behavioral health;
15    (3) confidentiality;
16    (4) ethics;
17    (5) evidence-based practices;
18    (6) substance use disorders;
19    (7) mental illness;
20    (8) co-occurring disorders; and
21    (9) presiding over various types of problem-solving
22courts. The Administrative Office of the Illinois Courts shall
23conduct education seminars for judges throughout the State on
24how to operate drug court programs with a specific emphasis on
25cases involving the illegal possession of methamphetamine.

 

 

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

 

 

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1problem-solving court model. Topics include, but are not
2limited to, evidence-based screening, assessment and treatment
3practices, target population, substance use disorders, mental
4illness, disability, co-occurring disorders, trauma,
5confidentiality, criminogenic risks and needs, incentives and
6sanctions, court processes, limited English proficiency, and
7team dynamics.
8(Source: P.A. 99-480, eff. 9-9-15.)
 
9    Section 10. The Veterans and Servicemembers Court
10Treatment Act is amended by changing Sections 5, 10, 15, 20,
1125, 30, and 35 and by adding Sections 40, 45, and 50 as
12follows:
 
13    (730 ILCS 167/5)
14    Sec. 5. Purposes. The General Assembly recognizes that
15veterans and active servicemembers, including , Reserve and
16National Guard servicemembers, have provided or are currently
17providing an invaluable service to our country. Some veterans
18and active duty servicemembers In so doing, some may suffer
19from the effects of their service, including, but not limited
20to, post-traumatic post traumatic stress disorder, traumatic
21brain injury, depression and may also suffer drug and alcohol
22dependency or addiction and co-occurring mental illness and
23substance use disorder abuse problems. As a result of this,
24some veterans or active duty servicemembers come into contact

 

 

10200SB2565ham001- 23 -LRB102 16553 RLC 37423 a

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

 

 

10200SB2565ham001- 24 -LRB102 16553 RLC 37423 a

1under 77 Ill. Adm. Code 2060 or an equivalent standard in any
2state where treatment may take place; and (ii) defines the
3scope of treatment services to be delivered by a court
4treatment provider.
5    "Combination Veterans and Servicemembers court program"
6means a type of problem-solving court that allows an
7individual to enter a problem-solving court before a plea,
8conviction, or disposition while also permitting an individual
9who has admitted guilt, or been found guilty, to enter a
10problem-solving court as a part of the individual's sentence
11or disposition. "Combination Veterans and Servicemembers Court
12program" means a court program that includes a
13pre-adjudicatory and a post-adjudicatory Veterans and
14Servicemembers court program.
15    "Community behavioral health center" means a physical site
16where behavioral healthcare services are provided in
17accordance with the Community Behavioral Health Center
18Infrastructure Act.
19    "Community mental health center" means an entity:
20        (1) licensed by the Department of Public Health as a
21    community mental health center in accordance with the
22    conditions of participation for community mental health
23    centers established by the Centers for Medicare and
24    Medicaid Services; and
25        (2) that provides outpatient services, including
26    specialized outpatient services, for individuals who are

 

 

10200SB2565ham001- 25 -LRB102 16553 RLC 37423 a

1    chronically mental ill.
2    "Co-occurring mental health and substance use disorders
3court program" means a program that includes an individual
4with co-occurring mental illness and substance use disorder
5diagnoses and professionals with training and experience in
6treating individuals with diagnoses of substance use disorder
7and mental illness.
8    "Court" means veterans and servicemembers court Veterans
9and Servicemembers Court.
10    "IDVA" means the Illinois Department of Veterans' Affairs.
11    "Peer recovery coach" means a volunteer veteran mentor as
12defined nationally by Justice for Vets and assigned to a
13veteran or servicemember during participation in a veteran
14treatment court program who has been approved by the court,
15and trained according to curriculum recommended by Justice for
16Vets, a service provider used by the court for substance use
17disorder or mental health treatment, a local service provider
18with an established peer recovery coach or mentor program not
19otherwise used by the court for treatment, or a Certified
20Recovery Support Specialist certified by the Illinois
21Certification Board. "Peer recovery coach" includes
22individuals with lived experiences of the issues the
23problem-solving court seeks to address, including, but not
24limited to, substance use disorder, mental illness, and
25co-occurring disorders or involvement with the criminal
26justice system. "Peer recovery coach" includes individuals

 

 

10200SB2565ham001- 26 -LRB102 16553 RLC 37423 a

1required to guide and mentor the participant to successfully
2complete assigned requirements and to facilitate participants'
3independence for continued success once the supports of the
4court are no longer available to them. and certified by the
5court to guide and mentor the participant to successfully
6complete the assigned requirements.
7    "Post-adjudicatory veterans and servicemembers court
8program Veterans and Servicemembers Court Program" means a
9program that allows a defendant who in which the defendant has
10admitted guilt or has been found guilty and agrees, with the
11defendant's consent, and the approval of the court, along with
12the prosecution, to enter a veterans and servicemembers court
13Veterans and Servicemembers Court program as part of the
14defendant's sentence or disposition.
15    "Pre-adjudicatory veterans and servicemembers court
16program Veterans and Servicemembers Court Program" means a
17program that allows the defendant, with the defendant's
18consent and the approval of the court, to enter the Veterans
19and Servicemembers Court program before plea, conviction, or
20disposition with the consent of the prosecution, to expedite
21the defendant's criminal case before conviction or before
22filing of a criminal case and requires successful completion
23of the Veterans and Servicemembers Court programs as part of
24the agreement.
25    "Problem-Solving Court Standards" means the statewide
26standards adopted by the Supreme Court that set forth the

 

 

10200SB2565ham001- 27 -LRB102 16553 RLC 37423 a

1minimum requirements for the planning, establishment,
2certification, operation, and evaluation of all
3problem-solving courts in this State.
4    "Servicemember" means a person who is currently serving in
5the Army, Air Force, Marines, Navy, or Coast Guard on active
6duty, reserve status or in the National Guard.
7    "VA" means the United States Department of Veterans'
8Affairs.
9    "VAC" means a veterans assistance commission.
10    "Validated clinical assessment" means a validated
11assessment tool administered by a qualified clinician to
12determine the treatment needs of participants. "Validated
13clinical assessment" includes assessment tools required by
14public or private insurance.
15    "Veteran" means a person who previously served as an in
16the active servicemember military, naval, or air service and
17who was discharged or released therefrom under conditions
18other than dishonorable.
19    "Veterans and servicemembers court Servicemembers Court
20professional" means a member of the veterans and
21servicemembers court Veterans and Servicemembers Court team,
22including, but not limited to, a judge, prosecutor, defense
23attorney, probation officer, coordinator, treatment provider,
24or peer recovery coach.
25    "Veterans and servicemembers court", "veterans and
26servicemembers court program", "court", or "program" means a

 

 

10200SB2565ham001- 28 -LRB102 16553 RLC 37423 a

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

 

 

10200SB2565ham001- 29 -LRB102 16553 RLC 37423 a

1process and procedures; voluntary participation; and a low
2treatment staff-to-client ratio drug courts.
3(Source: P.A. 99-314, eff. 8-7-15; 99-819, eff. 8-15-16.)
 
4    (730 ILCS 167/15)
5    Sec. 15. Authorization.
6    (a) The Chief Judge of each judicial circuit may shall
7establish a veterans Veterans and servicemembers court
8Servicemembers Court program in compliance with the
9Problem-Solving Court Standards including a format under which
10it operates under this Act. The veterans Veterans and
11servicemembers court Servicemembers Court may, at the
12discretion of the Chief Judge, be a separate court or a program
13of a problem-solving court, including, but not limited to, a
14drug court, or mental health court, or a court for individuals
15with either substance use, mental health, or co-occurring
16disorders. At the discretion of the Chief Judge, the Veterans
17and Servicemembers Court program may be operated in one or
18more counties in the Circuit, and allow veteran and
19servicemember defendants from all counties within the Circuit
20to participate.
21    (b) Whenever the county boards of 2 or more counties
22within the same judicial circuit determine that a single
23veteran and servicemembers court program would best serve
24those counties, the county board of each such county may adopt
25a resolution to the effect that there shall be a single veteran

 

 

10200SB2565ham001- 30 -LRB102 16553 RLC 37423 a

1and servicemembers court program serving those counties, and
2shall provide a copy of the resolution to the Chief Judge of
3the judicial circuit. Upon receipt of those resolutions, the
4Chief Judge may establish or, in the case of an existing
5veteran and servicemembers court program, reorganize a single
6program to serve those counties.
7(Source: P.A. 99-807, eff. 1-1-18; 100-88, eff. 1-1-18.)
 
8    (730 ILCS 167/20)
9    Sec. 20. Eligibility. Veterans and servicemembers
10Servicemembers are eligible for veterans Veterans and
11servicemembers courts Servicemembers Courts, provided the
12following:
13    (a) A defendant, who is eligible for probation based on
14the nature of the crime convicted of and in consideration of
15his or her criminal background, if any, may be admitted into a
16Veterans and Servicemembers Court program before adjudication
17only upon the agreement of the defendant and with the approval
18of the Court. A defendant may be admitted into a veterans
19Veterans and servicemembers court Servicemembers Court program
20post-adjudication only upon the with consent of the defendant
21and with the approval of the court. A defendant agrees to be
22admitted when a written consent to participate is provided to
23the court in open court and the defendant acknowledges
24understanding of its contents.
25    (a-5) Each veterans and servicemembers court shall have a

 

 

10200SB2565ham001- 31 -LRB102 16553 RLC 37423 a

1target population defined in its written policies and
2procedures. The policies and procedures shall define that
3court's eligibility and exclusionary criteria.
4    (b) A defendant shall be excluded from Veterans and
5Servicemembers Court program if any of one of the following
6applies:
7        (1) The crime is a crime of violence as set forth in
8    paragraph clause (3) of this subsection (b).
9        (2) The defendant does not demonstrate a willingness
10    to participate in a treatment program.
11        (3) The defendant has been convicted of a crime of
12    violence within the past 5 10 years excluding
13    incarceration time, including . In this paragraph, "crime
14    of violence" means: first degree murder, second degree
15    murder, predatory criminal sexual assault of a child,
16    aggravated criminal sexual assault, criminal sexual
17    assault, armed robbery, aggravated arson, arson,
18    aggravated kidnapping and kidnapping, aggravated battery
19    resulting in great bodily harm or permanent disability,
20    aggravated domestic battery resulting in great bodily harm
21    or permanent disability, aggravated criminal sexual abuse
22    by a person in a position of trust or authority over a
23    child, stalking, aggravated stalking, home invasion, or
24    aggravated vehicular hijacking any offense involving the
25    discharge of a firearm.
26        (4) The defendant is charged with a violation of

 

 

10200SB2565ham001- 32 -LRB102 16553 RLC 37423 a

1    subparagraph (F) of paragraph (1) of subsection (d) of
2    Section 11-501 of the Illinois Vehicle Code in which an
3    individual is charged with aggravated driving under the
4    influence that resulted in the death of another person or
5    when the violation was a proximate cause of the death,
6    unless, pursuant to subparagraph (G) of paragraph (1) of
7    subsection (d) of Section 11-501 of the Illinois Vehicle
8    Code, the court determines that extraordinary
9    circumstances exist and require probation. (Blank).
10        (5) (Blank).
11        (6)(Blank). The sentence imposed on the defendant,
12    whether the result of a plea or a finding of guilt, renders
13    the defendant ineligible for probation.
14    (c) Notwithstanding subsection (a), the defendant may be
15admitted into a veterans and servicemembers court program only
16upon the agreement of the prosecutor if the defendant is
17charged with a Class 2 or greater felony violation of:
18            (1) Section 401, 401.1, 405, or 405.2 of the
19        Illinois Controlled Substances Act;
20            (2) Section 5, 5.1, or 5.2 of the Cannabis Control
21        Act; or
22            (3) Section 15, 20, 25, 30, 35, 40, 45, 50, 55, 56,
23        or 65 of the Methamphetamine Control and Community
24        Protection Act.
25(Source: P.A. 100-426, eff. 1-1-18; 101-652, eff. 7-1-21.)
 

 

 

10200SB2565ham001- 33 -LRB102 16553 RLC 37423 a

1    (730 ILCS 167/25)
2    Sec. 25. Procedure.
3    (a) A The Court shall order the defendant to submit to an
4eligibility screening and clinical needs and an assessment and
5risk assessment of the defendant shall be performed as
6required by the court's policies and procedures prior to the
7defendant's admission into a veteran and servicemembers court.
8The assessment shall be conducted through the VA, VAC, and/or
9the IDVA to provide information on the defendant's veteran or
10servicemember status.
11    Any risk assessment shall be performed using an assessment
12tool approved by the Administrative Office of the Illinois
13Courts and as required by the court's policies and procedures.
14    (b) A The Court shall order the defendant to submit to an
15eligibility screening and mental health and substance use
16disorder drug/alcohol screening and assessment of the
17defendant shall be performed by the VA, VAC, or by the IDVA, or
18as otherwise outlined and as required by the court's policies
19and procedures to provide assessment services for Illinois
20Courts. The assessment shall include, but is not limited to,
21assessments of substance use and mental and behavioral health
22needs. The clinical needs assessment shall be administered by
23a qualified professional of the VA, VAC, or IDVA, or
24individuals who meet the Department of Human Services
25substance use prevention and recovery rules for professional
26staff under 77 Ill. Adm. Code 2060, or an equivalent standard

 

 

10200SB2565ham001- 34 -LRB102 16553 RLC 37423 a

1in any other state where treatment may take place, and used to
2inform any clinical treatment plans. Clinical treatment plans
3shall be developed, in accordance with the Problem-Solving
4Court Standards and a risks assessment and be based, in part,
5upon the known availability of treatment resources available
6to the veterans Veterans and servicemembers court
7Servicemembers Court. The assessment shall also include
8recommendations for treatment of the conditions which are
9indicating a need for treatment under the monitoring of the
10Court and be reflective of a level of risk assessed for the
11individual seeking admission. An assessment need not be
12ordered if the court Court finds a valid screening or and/or
13assessment related to the present charge pending against the
14defendant has been completed within the previous 60 days.
15    (c) The judge shall inform the defendant that if the
16defendant fails to meet the conditions of the veterans
17Veterans and servicemembers court Servicemembers 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    (d) The defendant shall execute a written agreement with
23the court Court as to the defendant's his or her participation
24in the program and shall agree to all of the terms and
25conditions of the program, including but not limited to the
26possibility of sanctions or incarceration for failing to abide

 

 

10200SB2565ham001- 35 -LRB102 16553 RLC 37423 a

1or comply with the terms of the program.
2    (e) In addition to any conditions authorized under the
3Pretrial Services Act and Section 5-6-3 of the Unified Code of
4Corrections, the court Court may order the participant to
5complete mental health counseling or substance use disorder
6treatment in an outpatient or residential treatment program
7and may order the participant to comply with physicians'
8recommendations regarding medications and all follow-up
9treatment for any mental health diagnosis made by the
10provider. Substance use disorder treatment programs must be
11licensed by the Department of Human Services in accordance
12with the Department of Human Services substance use prevention
13and recovery rules, or an equivalent standard in any other
14state where the 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 if possible. The court shall consider the least
19restrictive treatment option when ordering mental health or
20substance use disorder treatment for participants and the
21results of clinical and risk assessments in accordance with
22the Problem-Solving Court Standards. defendant to complete
23substance abuse treatment in an outpatient, inpatient,
24residential, or jail-based custodial treatment program, order
25the defendant to complete mental health counseling in an
26inpatient or outpatient basis, comply with physicians'

 

 

10200SB2565ham001- 36 -LRB102 16553 RLC 37423 a

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

 

 

10200SB2565ham001- 37 -LRB102 16553 RLC 37423 a

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

 

 

10200SB2565ham001- 38 -LRB102 16553 RLC 37423 a

1continuum of graduated substance use disorder abuse treatment
2options commensurate with the needs of participants
3defendants; these shall include programs with the VA, IDVA, a
4VAC, the State, of Illinois and community-based programs
5supported and sanctioned by either or both.
6    (b) Any substance use disorder abuse treatment program to
7which participants defendants are referred must hold a valid
8license from the Department of Human Services Division of
9Substance Use Prevention and Recovery, use evidence-based
10treatment, and deliver all services in accordance with 77 Ill.
11Adm. code 2060, including services available through the VA,
12IDVA or VAC, or an equivalent standard in any other state where
13treatment may take place meet all of the rules and governing
14programs in Parts 2030 and 2060 of Title 77 of the Illinois
15Administrative Code.
16    (c) The veterans Veterans and servicemembers court
17Servicemembers Court program may, in its discretion, employ
18additional services or interventions, as it deems necessary on
19a case by case basis.
20    (d) The veterans Veterans and servicemembers court
21Servicemembers Court program may maintain or collaborate with
22a network of mental health treatment programs and, if it is a
23co-occurring mental health and substance use disorders abuse
24court program, a network of substance use disorder abuse
25treatment programs representing a continuum of treatment
26options commensurate with the needs of the participant

 

 

10200SB2565ham001- 39 -LRB102 16553 RLC 37423 a

1defendant and available resources including programs with the
2VA, the IDVA, a VAC, and the State of Illinois. When not using
3mental health treatment or services available through the VA,
4IDVA, or VAC, partnerships with providers certified as
5community mental health or behavioral health centers shall be
6prioritized, as possible.
7(Source: P.A. 99-819, eff. 8-15-16.)
 
8    (730 ILCS 167/35)
9    Sec. 35. Violation; termination; dismissal from the
10program discharge.
11    (a) If the court finds from the evidence presented,
12including, but not limited to, the reports or proffers of
13proof from the veterans and servicemembers court
14professionals, that: (1) the participant is not complying with
15the requirements of the treatment program; or (2) the
16participant has otherwise violated the terms and conditions of
17the program, the court may impose reasonable sanctions under
18the prior written agreement of the participant, including, but
19not limited to, imprisonment or dismissal of the participant
20from the program and the court may reinstate criminal
21proceedings against the participant or proceed under Section
225-6-4 of the Unified Code of Corrections for a violation of
23probation, conditional discharge, or supervision hearing. If
24the Court finds from the evidence presented including but not
25limited to the reports or proffers of proof from the Veterans

 

 

10200SB2565ham001- 40 -LRB102 16553 RLC 37423 a

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

 

 

10200SB2565ham001- 41 -LRB102 16553 RLC 37423 a

1program on the basis of participation in medication-assisted
2treatment under the care of a physician licensed in this State
3to practice medicine in all of its branches.
4    (a-15) A participant may voluntarily withdraw from the
5veterans and servicemembers court program in accordance with
6the program's policies and procedures. Prior to allowing the
7participant to withdraw, the judge shall:
8            (1) ensure that the participant has the right to
9        consult with counsel prior to withdrawal;
10            (2) determine in open court that the withdrawal is
11        made voluntarily and knowingly; and
12            (3) admonish the participant in open court as to
13        the consequences, actual or potential, which can
14        result from withdrawal.
15    Upon withdrawal, the criminal proceedings may be
16reinstated against the participant or proceedings may be
17initiated under Section 5-6-4 of the Unified Code of
18Corrections for a violation of probation, conditional
19discharge, or supervision hearing.
20    (a-20) A participant who has not violated the conditions
21of the program in such a way as to warrant unsuccessful
22dismissal, but who is unable to complete program requirements
23to qualify for a successful discharge, may be terminated from
24the program as a neutral discharge.
25    (b) Upon successful completion of the terms and conditions
26of the program, the court Court may dismiss the original

 

 

10200SB2565ham001- 42 -LRB102 16553 RLC 37423 a

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

 

 

10200SB2565ham001- 43 -LRB102 16553 RLC 37423 a

1        (1) criminal law;
2        (2) behavioral health;
3        (3) confidently;
4        (4) ethics;
5        (5) evidence-based practices;
6        (6) substance use disorders;
7        (7) mental illness;
8        (8) co-occurring disorders; and
9        (9) presiding over various types of problem-solving
10    courts.
 
11    (730 ILCS 167/45 new)
12    Sec. 45. Education seminars for veterans and
13servicemembers court prosecutors. Subject to appropriation,
14the Office of the State's Attorneys Appellate Prosecutor shall
15conduct mandatory education seminars for all prosecutors
16serving in veterans and servicemembers courts throughout the
17State to ensure that the problem-solving court maintains
18fidelity to the problem-solving court model. Topics include,
19but are not limited to, evidence-based screening, assessment
20and treatment practices, target population, substance use
21disorders, mental illness, disability, co-occurring disorders,
22trauma, confidentiality, criminogenic risks and needs,
23incentives and sanctions, court processes, limited English
24proficiency, military culture and language, and team dynamics.
 

 

 

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1    (730 ILCS 167/50 new)
2    Sec. 50. Education seminars for veteran and servicemembers
3court public defenders. Subject to appropriation, the Office
4of the State Appellate Defender shall conduct mandatory
5education seminars for all public defenders and assistant
6public defenders practicing in veterans and servicemembers
7courts throughout the State to ensure that the problem-solving
8court maintains fidelity to the problem-solving court model.
9Topics include, but are not limited to, evidence-based
10screening, assessment and training practices, target
11population, substance use disorders, mental illness,
12disability, co-occurring disorders, trauma, confidentiality,
13criminogenic risks and needs, incentives and sanctions, court
14processes, limited English proficiency, military culture and
15language, and team dynamics.
 
16    Section 15. The Mental Health Court Treatment Act is
17amended by changing Sections 5, 10, 15, 20, 25, 30, and 35 and
18by adding Sections 41, 45, and 50 as follows:
 
19    (730 ILCS 168/5)
20    Sec. 5. Purposes. The General Assembly recognizes that
21individuals with diagnosable mental illness may come into
22contact with the criminal justice system and be charged with
23felony or misdemeanor offenses a large percentage of criminal
24defendants have a diagnosable mental illness and that mental

 

 

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1illnesses have a dramatic effect on the criminal justice
2system in the State of Illinois. The General Assembly also
3recognizes that mental illness and substance use disorders
4abuse problems co-occur in a substantial percentage of
5criminal defendants. There is a critical need for the a
6criminal justice system to recognize individuals struggling
7with these issues, provide alternatives to incarceration to
8address mental illness, and provide appropriate access to
9treatment and support to such individuals. program that will
10reduce the number of persons with mental illnesses and with
11co-occurring mental illness and substance abuse problems in
12the criminal justice system, reduce recidivism among persons
13with mental illness and with co-occurring mental illness and
14substance abuse problems, provide appropriate treatment to
15persons with mental illnesses and co-occurring mental illness
16and substance abuse problems and reduce the incidence of
17crimes committed as a result of mental illnesses or
18co-occurring mental illness and substance abuse problems. It
19is the intent of the General Assembly to create specialized
20mental health courts in accordance with evidence-based
21practices and Problem-Solving Court Standards for addressing
22substance use and co-occurring disorders with the necessary
23flexibility to meet the needs for an array of services and
24supports among participants in certified mental health court
25programs problems of criminal defendants with mental illnesses
26and co-occurring mental illness and substance abuse problems

 

 

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1in the State of Illinois.
2(Source: P.A. 95-606, eff. 6-1-08.)
 
3    (730 ILCS 168/10)
4    Sec. 10. Definitions. As used in this Act:
5    "Certification" means the process by which a
6problem-solving court obtains approval from the Supreme Court
7to operate in accordance with the Problem-Solving Court
8Standards.
9    "Clinical treatment plan" means an evidence-based,
10comprehensive, and individualized plan that: (i) is developed
11by a qualified professional in accordance with Department of
12Human Services substance use prevention and recovery rules
13under 77 Ill. Adm. Code 2060 or an equivalent standard in any
14state where treatment may take place; and (ii) defines the
15scope of treatment services to be delivered by a court
16treatment provider.
17    "Combination mental health court program" means a type of
18problem-solving court that allows an individual to enter a
19problem-solving court before a plea, conviction, or
20disposition while also permitting an individual who has
21admitted guilt, or been found guilty, to enter a
22problem-solving court as a part of the individual's sentence
23or disposition.
24    "Community behavioral health center" means a physical site
25where behavioral healthcare services are provided in

 

 

10200SB2565ham001- 47 -LRB102 16553 RLC 37423 a

1accordance with the Community Behavioral Health Center
2Infrastructure Act.
3    "Community mental health center" means an entity:
4        (1) licensed by the Department of Public Health as a
5    community mental health center in accordance with the
6    conditions of participation for community mental health
7    centers established by the Centers for Medicare and
8    Medicaid Services; and
9        (2) that provides outpatient services, including
10    specialized outpatient services, for individuals who are
11    chronically mental ill.
12    "Co-occurring mental health and substance use disorders
13court program" means a program that includes an individual
14with co-occurring mental illness and substance use disorder
15diagnoses and professionals with training and experience in
16treating individuals with diagnoses of substance use disorder
17and mental illness.
18    "Mental health court", "mental health court program",
19"court", or "program" means a specially designated court,
20court calendar, or docket facilitating intensive therapeutic
21treatment to monitor and assist participants with mental
22illness in making positive lifestyle changes and reducing the
23rate of recidivism. Mental health court programs are
24nonadversarial in nature and bring together mental health
25professionals and local social programs in accordance with the
26Bureau of Justice Assistance and Council of State Governments

 

 

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1Justice Center's Essential Elements of a Mental Health Court
2and the Problem-Solving Court Standards. Common features of a
3mental health court program include, but are not limited to, a
4designated judge and staff; specialized intake and screening
5procedures; coordinated treatment procedures administered by a
6trained, multidisciplinary professional team; close evaluation
7of participants, including continued assessments and
8modification of the court requirements and use of sanctions,
9incentives, and therapeutic adjustments to address behavior;
10frequent judicial interaction with participants; less formal
11court process and procedures; voluntary participation; and a
12low treatment staff-to-client ratio. structured judicial
13intervention process for mental health treatment of eligible
14defendants that brings together mental health professionals,
15local social programs, and intensive judicial monitoring.
16    "Mental health court professional" means a member of the
17mental health court team, including but not limited to a
18judge, prosecutor, defense attorney, probation officer,
19coordinator, or treatment provider, or peer recovery coach.
20    "Peer recovery coach" means a mentor assigned to a
21defendant during participation in a mental health treatment
22court program who has been trained by the court, a service
23provider used by the court for substance use disorder or
24mental health treatment, a local service provider with an
25established peer recovery coach or mentor program not
26otherwise used by the court for treatment, or a Certified

 

 

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1Recovery Support Specialist certified by the Illinois
2Certification Board. "Peer recovery coach" includes
3individuals with lived experiences of the issues the
4problem-solving court seeks to address, including, but not
5limited to, substance use disorder, mental illness, and
6co-occurring disorders or involvement with the criminal
7justice system. "Peer recovery coach" includes individuals
8required to guide and mentor the participant to successfully
9complete assigned requirements and to facilitate participants'
10independence for continued success once the supports of the
11court are no longer available to them.
12    "Post-adjudicatory mental health court program" means a
13program that allows an individual who has admitted guilt or
14has been found guilty, with the defendant's consent, and the
15approval of the court, to enter a mental health court program
16as part of the defendant's sentence or disposition.
17    "Pre-adjudicatory mental health court program" means a
18program that allows the defendant, with the defendant's
19consent and the approval of the court, to enter the mental
20health court program before plea, conviction, or disposition
21and requires successful completion of the mental health court
22program as part of the agreement.
23    "Problem-Solving Court Standards" means the statewide
24standards adopted by the Supreme Court that set forth the
25minimum requirements for the planning, establishment,
26certification, operation, and evaluation of all

 

 

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1problem-solving courts in this State.
2    "Validated clinical assessment" means a validated
3assessment tool administered by a qualified clinician to
4determine the treatment needs of participants. "Validated
5clinical assessment" includes assessment tools required by
6public or private insurance.
7    "Pre-adjudicatory mental health court program" means a
8program that allows the defendant, with the consent of the
9prosecution, to expedite the defendant's criminal case before
10conviction or before filing of a criminal case and requires
11successful completion of the mental health court program as
12part of the agreement.
13    "Post-adjudicatory mental health court program" means a
14program in which the defendant has admitted guilt or has been
15found guilty and agrees, along with the prosecution, to enter
16a mental health court program as part of the defendant's
17sentence.
18    "Combination mental health court program" means a mental
19health court program that includes a pre-adjudicatory mental
20health court program and a post-adjudicatory mental health
21court program.
22    "Co-occurring mental health and substance abuse court
23program" means a program that includes persons with
24co-occurring mental illness and substance abuse problems. Such
25programs shall include professionals with training and
26experience in treating persons with substance abuse problems

 

 

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1and mental illness.
2(Source: P.A. 97-946, eff. 8-13-12.)
 
3    (730 ILCS 168/15)
4    Sec. 15. Authorization.
5    (a) The Chief Judge of each judicial circuit may establish
6a mental health court program, in compliance with the
7Problem-Solving Court Standards. At the discretion of the
8Chief Judge, the mental health court program may be operated
9in one or more counties of the circuit and allow defendants
10from all counties within the circuit to participate. Mental
11health court programs must be certified by the Supreme Court
12including the format under which it operates under this Act.
13    (b) Whenever the county boards of 2 or more counties
14within the same judicial circuit determine that a single
15mental health court program would best serve those counties,
16the county board of each such county may 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 such a resolution, the Chief Judge may
21establish or, in the case of an existing mental health court
22program, reorganize 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 consent agreement of
7the defendant 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    paragraph 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, aggravated stalking, home invasion, or
8    aggravated vehicular hijacking any offense involving the
9    discharge of a firearm.
10        (4) The defendant is charged with a violation of
11    subparagraph (F) of paragraph (1) of subsection (d) of
12    Section 11-501 of the Illinois Vehicle Code in which an
13    individual is charged with aggravated driving under the
14    influence that resulted in the death of another person or
15    when the violation was a proximate cause of the death,
16    unless, pursuant to subparagraph (G) of paragraph (1) of
17    subsection (d) of Section 11-501 of the Illinois Vehicle
18    Code, the court determines that extraordinary
19    circumstances exist and require probation. (Blank).
20        (5) (Blank).
21        (6) (Blank). The sentence imposed on the defendant,
22    whether the result of a plea or a finding of guilt, renders
23    the defendant ineligible for probation.
24    (c) Notwithstanding subsection (a), the defendant may be
25admitted into a mental health court program only upon the
26agreement of the prosecutor if the defendant is charged with a

 

 

10200SB2565ham001- 54 -LRB102 16553 RLC 37423 a

1Class 2 or greater felony violation of:
2        (1) Section 401, 401.1, 405, or 405.2 of the Illinois
3    Controlled Substances Act;
4        (2) Section 5, 5.1, or 5.2 of the Cannabis Control
5    Act; or
6        (3) Section 15, 20, 25, 30, 35, 40, 45, 50, 55, 56, or
7    65 of the Methamphetamine Control and Community Protection
8    Act.
9    A defendant charged with prostitution under Section 11-14
10of the Criminal Code of 2012 may be admitted into a mental
11health court program, if available in the jurisdiction and
12provided that the requirements in subsections (a) and (b) are
13satisfied. Mental health court programs may include
14specialized service programs specifically designed to address
15the trauma associated with prostitution and human trafficking,
16and may offer those specialized services to defendants
17admitted to the mental health court program. Judicial circuits
18establishing these specialized programs shall partner with
19prostitution and human trafficking advocates, survivors, and
20service providers in the development of the programs.
21(Source: P.A. 100-426, eff. 1-1-18; 101-652, eff. 7-1-21.)
 
22    (730 ILCS 168/25)
23    Sec. 25. Procedure.
24    (a) An The court shall require an eligibility screening
25and an assessment of the defendant shall be performed as

 

 

10200SB2565ham001- 55 -LRB102 16553 RLC 37423 a

1required by the court's policies and procedures. The
2assessment shall include a validated clinical assessment. The
3clinical assessment shall include, but is not limited to,
4assessments of substance use and mental and behavioral health
5needs. The clinical assessment shall be administered by a
6qualified professional and used to inform any clinical
7treatment plans. Clinical treatment plans shall be developed,
8in part, upon the known availability of treatment resources
9available. Assessments for substance use disorder shall be
10conducted in accordance with the Department of Human Services
11substance use prevention and recovery rules contained in 77
12Ill. Adm. Code 2060 or an equivalent standard in any other
13state where treatment may take place, and conducted by
14individuals who meet the Department of Human Services
15substance use prevention and recovery rules for professional
16staff also contained within that Code, or an equivalent
17standard in any other state where treatment may take place.
18The assessments shall be used to inform any clinical treatment
19plans. Clinical treatment plans shall be developed in
20accordance with Problem-Solving Court Standards and, in part,
21upon the known availability of treatment resources. An
22assessment need not be ordered if the court finds a valid
23assessment related to the present charge pending against the
24defendant has been completed within the previous 60 days.
25    (b) The judge shall inform the defendant that if the
26defendant fails to meet the conditions requirements of the

 

 

10200SB2565ham001- 56 -LRB102 16553 RLC 37423 a

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

 

 

10200SB2565ham001- 57 -LRB102 16553 RLC 37423 a

1restrictive treatment option when ordering mental health or
2substance use disorder treatment for participants and the
3results of clinical and risk assessments in accordance with
4the Problem-Solving Court Standards. defendant to complete
5mental health or substance abuse treatment in an outpatient,
6inpatient, residential, or jail-based custodial treatment
7program. Any period of time a defendant shall serve in a
8jail-based treatment program may not be reduced by the
9accumulation of good time or other credits and may be for a
10period of up to 120 days.
11    (e) The mental health court program shall may include a
12regimen of graduated requirements, including and rewards and
13sanctions, including but not limited to: fines, fees, costs,
14restitution, incarceration of up to 180 days, individual and
15group therapy, medication, substance drug analysis testing,
16close monitoring by the court, and supervision of progress,
17restitution, educational or vocational counseling as
18appropriate, and other requirements necessary to fulfill the
19mental health court program. Program phases, therapeutic
20adjustments, incentives, and sanctions, including the use of
21jail sanctions, shall be administered in accordance with
22evidence-based practices and the Problem-Solving Court
23Standards. If the participant needs treatment for an opioid
24use disorder or dependence, the court may not prohibit the
25participant from receiving medication-assisted treatment under
26the care of a physician licensed in this State to practice

 

 

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

 

 

10200SB2565ham001- 59 -LRB102 16553 RLC 37423 a

1recovery coaches. Courts shall be responsible to administer
2the mentorship program with the support of mentors and local
3mental health and substance use disorder treatment
4organizations.
5(Source: P.A. 95-606, eff. 6-1-08.)
 
6    (730 ILCS 168/30)
7    Sec. 30. Mental health and substance use disorder abuse
8treatment.
9    (a) The mental health court program may maintain or
10collaborate with a network of mental health treatment programs
11and, if it is a co-occurring mental health and substance use
12disorders abuse court program, a network of substance use
13disorder abuse treatment programs representing a continuum of
14treatment options commensurate with the needs of participants
15defendants and available resources.
16    (b) Any substance use disorder abuse treatment program to
17which participants defendants are referred must hold a valid
18license from the Department of Human Services Division of
19Substance Use Prevention and Recovery, use evidence-based
20treatment, and deliver all services in accordance with 77 Ill.
21Adm. Code 2060, including services available through the
22United States Department of Veterans Affairs, the Illinois
23Department of Veterans Affairs, or the Veterans Assistance
24Commission, or an equivalent standard in any other state where
25treatment may take place meet all of the rules and governing

 

 

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1programs in Parts 2030 and 2060 of Title 77 of the Illinois
2Administrative Code.
3    (c) The mental health court program may, at its
4discretion, employ additional services or interventions, as it
5deems necessary on a case by case basis.
6(Source: P.A. 95-606, eff. 6-1-08.)
 
7    (730 ILCS 168/35)
8    Sec. 35. Violation; termination; dismissal from program
9discharge.
10     (a) If the court finds from the evidence presented,
11including, but not limited to, the reports or proffers of
12proof from the mental health court professionals, that: (1)
13the participant is not complying with the requirements of the
14treatment program; or (2) the participant has otherwise
15violated the terms and conditions of the program, the court
16may impose reasonable sanctions under the prior written
17agreement of the participant, including, but not limited to,
18imprisonment or dismissal of the defendant from the program
19and the court may reinstate criminal proceedings against the
20participant or proceed under Section 5-6-4 of the Unified Code
21of Corrections for a violation of probation, conditional
22discharge, or supervision hearing. If the court finds from the
23evidence presented, including but not limited to the reports
24or proffers of proof from the mental health court
25professionals that:

 

 

10200SB2565ham001- 61 -LRB102 16553 RLC 37423 a

1        (1) the defendant is not performing satisfactorily in
2    the assigned program;
3        (2) the defendant is not benefiting from education,
4    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;
10the court may impose reasonable sanctions under prior written
11agreement of the defendant, including but not limited to
12imprisonment or dismissal of the defendant from the program;
13and the court may reinstate criminal proceedings against him
14or her or proceed under Section 5-6-4 of the Unified Code of
15Corrections for a violation of probation, conditional
16discharge, or supervision hearing.
17    (a-5) Based on the evidence presented, the court shall
18determine whether the participant has violated the conditions
19of the program and whether the participant should be dismissed
20from the program or whether, pursuant to the court's policies
21and procedures, some other alternative may be appropriate in
22the interests of the participant and the public.
23    (a-10) A participant may voluntarily withdraw from the
24mental health court program in accordance with the mental
25health court program's policies and procedures. Prior to
26allowing the participant to withdraw, the judge shall:

 

 

10200SB2565ham001- 62 -LRB102 16553 RLC 37423 a

1            (1) ensure that the participant has the right to
2        consult with counsel prior to withdrawal;
3            (2) determine in open court that the withdrawal is
4        made voluntarily and knowingly; and
5            (3) admonish the participant in open court, as to
6        the consequences, actual or potential, which can
7        result from withdrawal.
8    Upon withdrawal, the criminal proceedings may be
9reinstated against the participant or proceedings may be
10initiated under Section 5-6-4 of the Unified Code of
11Corrections for a violation of probation, conditional
12discharge, or supervision hearing.
13    (a-15) No participant defendant may be dismissed from the
14program unless, prior to such dismissal, the participant
15defendant is informed in writing: (i) of the reason or reasons
16for the dismissal; (ii) the evidentiary basis supporting the
17reason or reasons for the dismissal; (iii) that the
18participant defendant has a right to a hearing at which he or
19she may present evidence supporting his or her continuation in
20the program. Based upon the evidence presented, the court
21shall determine whether the defendant has violated the
22conditions of the program and whether the defendant should be
23dismissed from the program or whether some other alternative
24may be appropriate in the interests of the defendant and the
25public.
26    (a-20) A participant who has not violated the conditions

 

 

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1of the program in such a way as to warrant unsuccessful
2dismissal, but who is unable to complete program requirements
3to qualify for a successful discharge, may be terminated from
4the program as a neutral discharge.
5    (b) Upon successful completion of the terms and conditions
6of the program, the court may dismiss the original charges
7against the participant defendant or successfully terminate
8the participant's defendant's sentence or otherwise discharge
9the participant him or her from the program or from any further
10proceedings against the participant 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, a participant, or defense attorney may move to
15vacate any convictions that are eligible for sealing under the
16Criminal Identification Act. A participant may immediately
17file a petition to expunge vacated convictions and the
18associated underlying records per the Criminal Identification
19Act. If the State's Attorney moves to vacate a conviction, the
20State's Attorney may not object to expungement of that
21conviction or the underlying record.
22    (d) The mental health court program may maintain or
23collaborate with a network of legal aid organizations that
24specialize in conviction relief to support participants
25navigating the expungement and sealing process.
26(Source: P.A. 95-606, eff. 6-1-08.)
 

 

 

10200SB2565ham001- 64 -LRB102 16553 RLC 37423 a

1    (730 ILCS 168/41 new)
2    Sec. 41. Education seminars for judges. A judge assigned
3to preside over a mental health court shall have experience,
4training, and continuing education in topics including, but
5not limited to:
6        (1) criminal law;
7        (2) behavioral health;
8        (3) confidently;
9        (4) ethics;
10        (5) evidence-based practices;
11        (6) substance use disorders;
12        (7) mental illness;
13        (8) co-occurring disorders; and
14        (9) presiding over various types of problem-solving
15    courts.
 
16    (730 ILCS 168/45 new)
17    Sec. 45. Education seminars for mental health court
18prosecutors. Subject to appropriation, the Office of the
19State's Attorneys Appellate Prosecutor shall conduct mandatory
20education seminars for all prosecutors serving in mental
21health courts throughout the State to ensure that the
22problem-solving court maintains fidelity to the
23problem-solving court model. Topics include, but are not
24limited to, evidence-based screening, assessment and treatment

 

 

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1practices, target population, substance use disorders, mental
2illness, disability, co-occurring disorders, trauma,
3confidentiality, criminogenic risks and needs, incentives and
4sanctions, court processes, limited English proficiency, and
5team dynamics.
 
6    (730 ILCS 168/50 new)
7    Sec. 50. Education seminars for mental health court public
8defenders. Subject to appropriation, the Office of the State
9Appellate Defender shall conduct mandatory education seminars
10for all public defenders and assistant public defenders
11practicing in mental health courts throughout the State to
12ensure that the problem-solving court maintains fidelity to
13the problem-solving court model. Topics include, but are not
14limited to, evidence-based screening, assessment and treatment
15practices, target population, substance use disorders, mental
16illness, disability, co-occurring disorders, trauma,
17confidentiality, criminogenic risks and needs, incentives and
18sanctions, court processes, limited English proficiency, and
19team dynamics.
 
20    (730 ILCS 168/40 rep.)
21    Section 20. The Mental Health Court Treatment Act is
22amended by repealing Section 40.
 
23    Section 99. Effective date. This Act takes effect upon

 

 

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1becoming law.".