Illinois General Assembly - Full Text of SB2565
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Full Text of SB2565  102nd General Assembly

SB2565ham002 102ND GENERAL ASSEMBLY

Rep. Lindsey LaPointe

Filed: 3/21/2022

 

 


 

 


 
10200SB2565ham002LRB102 16553 RLC 37801 a

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, parole, and periods of mandatory
6    supervised release. As used in this paragraph Section,
7    "crime of violence" means: first degree murder, second
8    degree murder, predatory criminal sexual assault of a
9    child, aggravated criminal sexual assault, criminal sexual
10    assault, armed robbery, aggravated arson, arson,
11    aggravated kidnaping, kidnapping kidnaping, aggravated
12    battery resulting in great bodily harm or permanent
13    disability, aggravated domestic battery resulting in great
14    bodily harm or permanent disability, aggravated criminal
15    sexual abuse by a person in a position of trust or
16    authority over a child, stalking, aggravated stalking,
17    home invasion, aggravated vehicular hijacking, or any
18    offense involving the discharge of a firearm.
19        (5) The defendant is charged with a violation of
20    subparagraph (F) of paragraph (1) of subsection (d) of
21    Section 11-501 of the Illinois Vehicle Code in which an
22    individual is charged with aggravated driving under the
23    influence that resulted in the death of another person or
24    when the violation was a proximate cause of the death,
25    unless, pursuant to subparagraph (G) of paragraph (1) of
26    subsection (d) of Section 11-501 of the Illinois Vehicle

 

 

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

 

 

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1(Source: P.A. 99-480, eff. 9-9-15.)
 
2    (730 ILCS 166/25)
3    Sec. 25. Procedure.
4    (a) A The court shall order an eligibility screening and
5clinical needs an assessment and risk assessment of the
6defendant shall be performed as required by the court's
7policies and procedures prior to the defendant's admission
8into a drug court. The clinical needs assessment shall be
9conducted in accordance with the Department of Human Services
10substance use prevention and recovery rules under 77 Ill. Adm.
11Code 2060. The assessment shall include, but is not limited
12to, assessments of substance use and mental and behavioral
13health needs. The assessment shall be administered by
14individuals approved under the Department of Human Services
15substance use prevention and recovery rules for professional
16staff under 77 Ill. Adm. Code 2060 and used to inform any
17clinical treatment plans. Clinical treatment plans shall be
18developed in accordance with the Problem-Solving Court
19Standards and in part upon the known availability of treatment
20resources.
21    Any risk assessment shall be performed using an assessment
22tool approved by the Administrative Office of the Illinois
23Courts and as required by the court's policies and procedures.
24by an agent designated by the State of Illinois to provide
25assessment services for the Illinois Courts.

 

 

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

 

 

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

 

 

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

 

 

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1    (g) The court may establish a mentorship program that
2provides access and support to program participants by peer
3recovery coaches. Courts shall be responsible to administer
4the mentorship program with the support of mentors and local
5mental health and substance use disorder treatment
6organizations.
7(Source: P.A. 99-554, eff. 1-1-17.)
 
8    (730 ILCS 166/30)
9    Sec. 30. Mental health and substance use disorder
10Substance abuse treatment.
11    (a) The drug court program shall maintain a network of
12substance use disorder abuse treatment programs representing a
13continuum of graduated substance use disorder abuse treatment
14options commensurate with the needs of the participant
15defendants.
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 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 drug court program may, at its discretion, employ
4additional services or interventions, as it deems necessary on
5a case by case basis.
6    (d) The drug court program may maintain or collaborate
7with a network of mental health treatment programs
8representing a continuum of treatment options commensurate
9with the needs of the participant and available resources,
10including programs with the State and community-based programs
11supported and sanctioned by the State. Partnerships with
12providers certified as mental health or behavioral health
13centers shall be prioritized when possible.
14(Source: P.A. 92-58, eff. 1-1-02.)
 
15    (730 ILCS 166/35)
16    Sec. 35. Violation; termination; dismissal from program
17discharge.
18    (a) If the court finds from the evidence presented,
19including, but not limited to, the reports or proffers of
20proof from the drug court professionals, that: (1) the
21participant is not complying with the requirements of the
22treatment program; or (2) the participant has otherwise
23violated the terms and conditions of the program, the court
24may impose reasonable sanctions under the prior written
25agreement of the participant, including, but not limited to,

 

 

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

 

 

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

 

 

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1discharge, or supervision hearing.
2    (a-20) No participant may be dismissed from the program
3unless, prior to dismissal, the participant is informed in
4writing:
5        (1) of the reason or reasons for the dismissal;
6        (2) the evidentiary basis supporting the reason or
7    reasons for the dismissal; and
8        (3) that the participant has a right to a hearing at
9    which the participant may present evidence supporting the
10    participant's continuation in the program.
11    (a-25) A participant who has not violated the conditions
12of the program in such a way as to warrant unsuccessful
13dismissal, but who is unable to complete program requirements
14to qualify for a successful discharge, may be terminated from
15the program as a neutral discharge.
16    (b) Upon successful completion of the terms and conditions
17of the program, the court may dismiss the original charges
18against the participant defendant or successfully terminate
19the participant's defendant's sentence or otherwise discharge
20the participant him or her from any further proceedings
21against the participant him or her in the original
22prosecution.
23    (c) Upon successful completion of the terms and conditions
24of the program, any State's Attorney in the county of
25conviction, participant, or defense attorney may move to
26vacate any convictions that are eligible for sealing under the

 

 

10200SB2565ham002- 20 -LRB102 16553 RLC 37801 a

1Criminal Identification Act. A participant may immediately
2file a petition to expunge vacated convictions and the
3associated underlying records per the Criminal Identification
4Act. If the State's Attorney moves to vacate a conviction, the
5State's Attorney may not object to expungement of that
6conviction or the underlying record.
7    (d) The drug court program may maintain or collaborate
8with a network of legal aid organizations that specialize in
9conviction relief to support participants navigating the
10expungement and sealing process.
11(Source: P.A. 99-554, eff. 1-1-17.)
 
12    (730 ILCS 166/40)
13    Sec. 40. Education seminars for judges. A judge assigned
14to preside over a drug treatment court shall have experience,
15training, and continuing education in topics including, but
16not limited to:
17    (1) criminal law;
18    (2) behavioral health;
19    (3) confidentiality;
20    (4) ethics;
21    (5) evidence-based practices;
22    (6) substance use disorders;
23    (7) mental illness;
24    (8) co-occurring disorders; and
25    (9) presiding over various types of problem-solving

 

 

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1courts. The Administrative Office of the Illinois Courts shall
2conduct education seminars for judges throughout the State on
3how to operate drug court programs with a specific emphasis on
4cases involving the illegal possession of methamphetamine.
5(Source: P.A. 94-552, eff. 8-12-05.)
 
6    (730 ILCS 166/45)
7    Sec. 45. Education seminars for drug court prosecutors.
8Subject to appropriation, the Office of the State's Attorneys
9Appellate Prosecutor shall conduct mandatory education
10seminars on the subjects of substance abuse and addiction for
11all drug court prosecutors throughout the State to ensure that
12the problem-solving court maintains fidelity to the
13problem-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(Source: P.A. 99-480, eff. 9-9-15.)
 
21    (730 ILCS 166/50)
22    Sec. 50. Education seminars for drug court public
23defenders. Subject to appropriation, the Office of the State
24Appellate Defender shall conduct mandatory education seminars

 

 

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1on the subjects of substance abuse and addiction for all drug
2court public defenders and assistant public defenders
3practicing in drug courts throughout the State to ensure that
4the problem-solving court maintains fidelity to the
5problem-solving court model. Topics include, but are not
6limited to, evidence-based screening, assessment and treatment
7practices, target population, substance use disorders, mental
8illness, disability, co-occurring disorders, trauma,
9confidentiality, criminogenic risks and needs, incentives and
10sanctions, court processes, limited English proficiency, and
11team dynamics.
12(Source: P.A. 99-480, eff. 9-9-15.)
 
13    Section 10. The Veterans and Servicemembers Court
14Treatment Act is amended by changing Sections 5, 10, 15, 20,
1525, 30, and 35 and by adding Sections 40, 45, and 50 as
16follows:
 
17    (730 ILCS 167/5)
18    Sec. 5. Purposes. The General Assembly recognizes that
19veterans and active servicemembers, including , Reserve and
20National Guard servicemembers, have provided or are currently
21providing an invaluable service to our country. Some veterans
22and active duty servicemembers In so doing, some may suffer
23from the effects of their service, including, but not limited
24to, post-traumatic post traumatic stress disorder, traumatic

 

 

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1brain injury, depression and may also suffer drug and alcohol
2dependency or addiction and co-occurring mental illness and
3substance use disorder abuse problems. As a result of this,
4some veterans or active duty servicemembers come into contact
5with the criminal justice system and are charged with felony
6or misdemeanor offenses. There is a critical need for the
7criminal justice system to recognize these veterans, provide
8accountability for their wrongdoing, provide for the safety of
9the public, and provide for the treatment of such our
10veterans. It is the intent of the General Assembly to create
11specialized veteran and servicemember courts in accordance
12with evidence-based practices and Problem-Solving Court
13Standards for addressing substance use, mental health, and
14co-occurring disorders or programs with the necessary
15flexibility to meet the specialized needs for an array of
16services and supports among participants in certified veteran
17and servicemember court programs in the State problems faced
18by these veteran and servicemember defendants.
19(Source: P.A. 96-924, eff. 6-14-10.)
 
20    (730 ILCS 167/10)
21    Sec. 10. Definitions. In this Act:
22    "Certification" means the process by which a
23problem-solving court obtains approval from the Supreme Court
24to operate in accordance with the Problem-Solving Court
25Standards.

 

 

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

 

 

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

 

 

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1problem-solving court seeks to address, including, but not
2limited to, substance use disorder, mental illness, and
3co-occurring disorders or involvement with the criminal
4justice system. "Peer recovery coach" includes individuals
5required to guide and mentor the participant to successfully
6complete assigned requirements and to facilitate participants'
7independence for continued success once the supports of the
8court are no longer available to them. and certified by the
9court to guide and mentor the participant to successfully
10complete the assigned requirements.
11    "Post-adjudicatory veterans and servicemembers court
12program Veterans and Servicemembers Court Program" means a
13program that allows a defendant who in which the defendant has
14admitted guilt or has been found guilty and agrees, with the
15defendant's consent, and the approval of the court, along with
16the prosecution, to enter a veterans and servicemembers court
17Veterans and Servicemembers Court program as part of the
18defendant's sentence or disposition.
19    "Pre-adjudicatory veterans and servicemembers court
20program Veterans and Servicemembers Court Program" means a
21program that allows the defendant, with the defendant's
22consent and the approval of the court, to enter the Veterans
23and Servicemembers Court program before plea, conviction, or
24disposition with the consent of the prosecution, to expedite
25the defendant's criminal case before conviction or before
26filing of a criminal case and requires successful completion

 

 

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

 

 

10200SB2565ham002- 28 -LRB102 16553 RLC 37801 a

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

 

 

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

 

 

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

 

 

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1admitted when a written consent to participate is provided to
2the court in open court and the defendant acknowledges
3understanding of its contents.
4    (a-5) Each veterans and servicemembers court shall have a
5target population defined in its written policies and
6procedures. The policies and procedures shall define that
7court's eligibility and exclusionary criteria.
8    (b) A defendant shall be excluded from Veterans and
9Servicemembers Court program if any of one of the following
10applies:
11        (1) The crime is a crime of violence as set forth in
12    paragraph clause (3) of this subsection (b).
13        (2) The defendant does not demonstrate a willingness
14    to participate in a treatment program.
15        (3) The defendant has been convicted of a crime of
16    violence within the past 5 10 years excluding
17    incarceration time, parole, and periods of mandatory
18    supervised release. As used in this paragraph, "crime of
19    violence" means: , including first degree murder, second
20    degree murder, predatory criminal sexual assault of a
21    child, aggravated criminal sexual assault, criminal sexual
22    assault, armed robbery, aggravated arson, arson,
23    aggravated kidnapping and kidnapping, aggravated battery
24    resulting in great bodily harm or permanent disability,
25    aggravated domestic battery resulting in great bodily harm
26    or permanent disability, aggravated criminal sexual abuse

 

 

10200SB2565ham002- 32 -LRB102 16553 RLC 37801 a

1    by a person in a position of trust or authority over a
2    child, stalking, aggravated stalking, home invasion,
3    aggravated vehicular hijacking, or any offense involving
4    the discharge of a firearm.
5        (4) The defendant is charged with a violation of
6    subparagraph (F) of paragraph (1) of subsection (d) of
7    Section 11-501 of the Illinois Vehicle Code in which an
8    individual is charged with aggravated driving under the
9    influence that resulted in the death of another person or
10    when the violation was a proximate cause of the death,
11    unless, pursuant to subparagraph (G) of paragraph (1) of
12    subsection (d) of Section 11-501 of the Illinois Vehicle
13    Code, the court determines that extraordinary
14    circumstances exist and require probation. (Blank).
15        (5) (Blank).
16        (6)(Blank). The sentence imposed on the defendant,
17    whether the result of a plea or a finding of guilt, renders
18    the defendant ineligible for probation.
19    (c) Notwithstanding subsection (a), the defendant may be
20admitted into a veterans and servicemembers court program only
21upon the agreement of the prosecutor if the defendant is
22charged with a Class 2 or greater felony violation of:
23            (1) Section 401, 401.1, 405, or 405.2 of the
24        Illinois Controlled Substances Act;
25            (2) Section 5, 5.1, or 5.2 of the Cannabis Control
26        Act; or

 

 

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1            (3) Section 15, 20, 25, 30, 35, 40, 45, 50, 55, 56,
2        or 65 of the Methamphetamine Control and Community
3        Protection Act.
4(Source: P.A. 100-426, eff. 1-1-18; 101-652, eff. 7-1-21.)
 
5    (730 ILCS 167/25)
6    Sec. 25. Procedure.
7    (a) A The Court shall order the defendant to submit to an
8eligibility screening and clinical needs and an assessment and
9risk assessment of the defendant shall be performed as
10required by the court's policies and procedures prior to the
11defendant's admission into a veteran and servicemembers court.
12The assessment shall be conducted through the VA, VAC, and/or
13the IDVA to provide information on the defendant's veteran or
14servicemember status.
15    Any risk assessment shall be performed using an assessment
16tool approved by the Administrative Office of the Illinois
17Courts and as required by the court's policies and procedures.
18    (b) A The Court shall order the defendant to submit to an
19eligibility screening and mental health and substance use
20disorder drug/alcohol screening and assessment of the
21defendant shall be performed by the VA, VAC, or by the IDVA, or
22as otherwise outlined and as required by the court's policies
23and procedures to provide assessment services for Illinois
24Courts. The assessment shall include, but is not limited to,
25assessments of substance use and mental and behavioral health

 

 

10200SB2565ham002- 34 -LRB102 16553 RLC 37801 a

1needs. The clinical needs assessment shall be administered by
2a qualified professional of the VA, VAC, or IDVA, or
3individuals who meet the Department of Human Services
4substance use prevention and recovery rules for professional
5staff under 77 Ill. Adm. Code 2060, or an equivalent standard
6in any other state where treatment may take place, and used to
7inform any clinical treatment plans. Clinical treatment plans
8shall be developed, in accordance with the Problem-Solving
9Court Standards and a risks assessment and be based, in part,
10upon the known availability of treatment resources available
11to the veterans Veterans and servicemembers court
12Servicemembers Court. The assessment shall also include
13recommendations for treatment of the conditions which are
14indicating a need for treatment under the monitoring of the
15Court and be reflective of a level of risk assessed for the
16individual seeking admission. An assessment need not be
17ordered if the court Court finds a valid screening or and/or
18assessment related to the present charge pending against the
19defendant has been completed within the previous 60 days.
20    (c) The judge shall inform the defendant that if the
21defendant fails to meet the conditions of the veterans
22Veterans and servicemembers court Servicemembers Court
23program, eligibility to participate in the program may be
24revoked and the defendant may be sentenced or the prosecution
25continued as provided in the Unified Code of Corrections for
26the crime charged.

 

 

10200SB2565ham002- 35 -LRB102 16553 RLC 37801 a

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

 

 

10200SB2565ham002- 36 -LRB102 16553 RLC 37801 a

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

 

 

10200SB2565ham002- 37 -LRB102 16553 RLC 37801 a

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

 

 

10200SB2565ham002- 38 -LRB102 16553 RLC 37801 a

1    Sec. 30. Mental health and substance use disorder abuse
2treatment.
3    (a) The veterans Veterans and servicemembers court
4Servicemembers Court program may maintain a network of
5substance use disorder abuse treatment programs representing a
6continuum of graduated substance use disorder abuse treatment
7options commensurate with the needs of participants
8defendants; these shall include programs with the VA, IDVA, a
9VAC, the State, of Illinois and community-based programs
10supported and sanctioned by either or both.
11    (b) Any substance use disorder abuse treatment program to
12which participants defendants are referred must hold a valid
13license from the Department of Human Services Division of
14Substance Use Prevention and Recovery, use evidence-based
15treatment, and deliver all services in accordance with 77 Ill.
16Adm. code 2060, including services available through the VA,
17IDVA or VAC, or an equivalent standard in any other state where
18treatment may take place meet all of the rules and governing
19programs in Parts 2030 and 2060 of Title 77 of the Illinois
20Administrative Code.
21    (c) The veterans Veterans and servicemembers court
22Servicemembers Court program may, in its discretion, employ
23additional services or interventions, as it deems necessary on
24a case by case basis.
25    (d) The veterans Veterans and servicemembers court
26Servicemembers Court program may maintain or collaborate with

 

 

10200SB2565ham002- 39 -LRB102 16553 RLC 37801 a

1a network of mental health treatment programs and, if it is a
2co-occurring mental health and substance use disorders abuse
3court program, a network of substance use disorder abuse
4treatment programs representing a continuum of treatment
5options commensurate with the needs of the participant
6defendant and available resources including programs with the
7VA, the IDVA, a VAC, and the State of Illinois. When not using
8mental health treatment or services available through the VA,
9IDVA, or VAC, partnerships with providers certified as
10community mental health or behavioral health centers shall be
11prioritized, as possible.
12(Source: P.A. 99-819, eff. 8-15-16.)
 
13    (730 ILCS 167/35)
14    Sec. 35. Violation; termination; dismissal from the
15program discharge.
16    (a) If the court finds from the evidence presented,
17including, but not limited to, the reports or proffers of
18proof from the veterans and servicemembers court
19professionals, that: (1) the participant is not complying with
20the requirements of the treatment program; or (2) the
21participant has otherwise violated the terms and conditions of
22the program, the court may impose reasonable sanctions under
23the prior written agreement of the participant, including, but
24not limited to, imprisonment or dismissal of the participant
25from the program and the court may reinstate criminal

 

 

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

 

 

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

 

 

10200SB2565ham002- 42 -LRB102 16553 RLC 37801 a

1dismissal, but who is unable to complete program requirements
2to qualify for a successful discharge, may be terminated from
3the program as a neutral discharge.
4    (b) Upon successful completion of the terms and conditions
5of the program, the court Court may dismiss the original
6charges against the participant defendant or successfully
7terminate the participant's defendant's sentence or otherwise
8discharge the participant him or her from any further
9proceedings against the participant him or her in the original
10prosecution.
11    (c) Upon successful completion of the terms and conditions
12of the program, any State's Attorney in the county of
13conviction, a participant, or defense attorney may move to
14vacate any convictions that are eligible for sealing under the
15Criminal Identification Act. A participant may immediately
16file a petition to expunge vacated convictions and the
17associated underlying records per the Criminal Identification
18Act. If the State's Attorney moves to vacate a conviction, the
19State's Attorney may not object to expungement of that
20conviction or the underlying record.
21    (d) Veterans and servicemembers court programs may
22maintain or collaborate with a network of legal aid
23organizations that specialize in conviction relief to support
24participants navigating the expungement and sealing process.
25(Source: P.A. 96-924, eff. 6-14-10.)
 

 

 

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1    (730 ILCS 167/40 new)
2    Sec. 40. Education for judges. A judge assigned to preside
3over a veteran and servicemembers 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 167/45 new)
17    Sec. 45. Education seminars for veterans and
18servicemembers court prosecutors. Subject to appropriation,
19the Office of the State's Attorneys Appellate Prosecutor shall
20conduct mandatory education seminars for all prosecutors
21serving in veterans and servicemembers courts throughout the
22State to ensure that the problem-solving court maintains
23fidelity to the problem-solving court model. Topics include,
24but are not limited to, evidence-based screening, assessment
25and treatment practices, target population, substance use

 

 

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

 

 

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

 

 

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1substance use and co-occurring disorders with the necessary
2flexibility to meet the needs for an array of services and
3supports among participants in certified mental health court
4programs problems of criminal defendants with mental illnesses
5and co-occurring mental illness and substance abuse problems
6in the State of Illinois.
7(Source: P.A. 95-606, eff. 6-1-08.)
 
8    (730 ILCS 168/10)
9    Sec. 10. Definitions. As used in this Act:
10    "Certification" means the process by which a
11problem-solving court obtains approval from the Supreme Court
12to operate in accordance with the Problem-Solving Court
13Standards.
14    "Clinical treatment plan" means an evidence-based,
15comprehensive, and individualized plan that: (i) is developed
16by a qualified professional in accordance with Department of
17Human Services substance use prevention and recovery rules
18under 77 Ill. Adm. Code 2060 or an equivalent standard in any
19state where treatment may take place; and (ii) defines the
20scope of treatment services to be delivered by a court
21treatment provider.
22    "Combination mental health court program" means a type of
23problem-solving court that allows an individual to enter a
24problem-solving court before a plea, conviction, or
25disposition while also permitting an individual who has

 

 

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1admitted guilt, or been found guilty, to enter a
2problem-solving court as a part of the individual's sentence
3or disposition.
4    "Community behavioral health center" means a physical site
5where behavioral healthcare services are provided in
6accordance with the Community Behavioral Health Center
7Infrastructure Act.
8    "Community mental health center" means an entity:
9        (1) licensed by the Department of Public Health as a
10    community mental health center in accordance with the
11    conditions of participation for community mental health
12    centers established by the Centers for Medicare and
13    Medicaid Services; and
14        (2) that provides outpatient services, including
15    specialized outpatient services, for individuals who are
16    chronically mental ill.
17    "Co-occurring mental health and substance use disorders
18court program" means a program that includes an individual
19with co-occurring mental illness and substance use disorder
20diagnoses and professionals with training and experience in
21treating individuals with diagnoses of substance use disorder
22and mental illness.
23    "Mental health court", "mental health court program",
24"court", or "program" means a specially designated court,
25court calendar, or docket facilitating intensive therapeutic
26treatment to monitor and assist participants with mental

 

 

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

 

 

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

 

 

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

 

 

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1    "Co-occurring mental health and substance abuse court
2program" means a program that includes persons with
3co-occurring mental illness and substance abuse problems. Such
4programs shall include professionals with training and
5experience in treating persons with substance abuse problems
6and mental illness.
7(Source: P.A. 97-946, eff. 8-13-12.)
 
8    (730 ILCS 168/15)
9    Sec. 15. Authorization.
10    (a) The Chief Judge of each judicial circuit may establish
11a mental health court program, in compliance with the
12Problem-Solving Court Standards. At the discretion of the
13Chief Judge, the mental health court program may be operated
14in one or more counties of the circuit and allow defendants
15from all counties within the circuit to participate. Mental
16health court programs must be certified by the Supreme Court
17including the format under which it operates under this Act.
18    (b) Whenever the county boards of 2 or more counties
19within the same judicial circuit determine that a single
20mental health court program would best serve those counties,
21the county board of each such county may adopt a resolution to
22the effect that there shall be a single mental health court
23program serving those counties, and shall provide a copy of
24the resolution to the Chief Judge of the judicial circuit.
25Upon receipt of such a resolution, the Chief Judge may

 

 

10200SB2565ham002- 52 -LRB102 16553 RLC 37801 a

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

 

 

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1    violence within the past 5 10 years excluding
2    incarceration time, parole, and periods of mandatory
3    supervised release. As used in this paragraph (3), "crime
4    of violence" means: first degree murder, second degree
5    murder, predatory criminal sexual assault of a child,
6    aggravated criminal sexual assault, criminal sexual
7    assault, armed robbery, aggravated arson, arson,
8    aggravated kidnapping, kidnapping, aggravated battery
9    resulting in great bodily harm or permanent disability,
10    aggravated domestic battery resulting in great bodily harm
11    or permanent disability, aggravated criminal sexual abuse
12    by a person in a position of trust or authority over a
13    child, stalking, aggravated stalking, home invasion,
14    aggravated vehicular hijacking, or any offense involving
15    the discharge of a firearm.
16        (4) The defendant is charged with a violation of
17    subparagraph (F) of paragraph (1) of subsection (d) of
18    Section 11-501 of the Illinois Vehicle Code in which an
19    individual is charged with aggravated driving under the
20    influence that resulted in the death of another person or
21    when the violation was a proximate cause of the death,
22    unless, pursuant to subparagraph (G) of paragraph (1) of
23    subsection (d) of Section 11-501 of the Illinois Vehicle
24    Code, the court determines that extraordinary
25    circumstances exist and require probation. (Blank).
26        (5) (Blank).

 

 

10200SB2565ham002- 54 -LRB102 16553 RLC 37801 a

1        (6) (Blank). The sentence imposed on the defendant,
2    whether the result of a plea or a finding of guilt, renders
3    the defendant ineligible for probation.
4    (c) Notwithstanding subsection (a), the defendant may be
5admitted into a mental health court program only upon the
6agreement of the prosecutor if the defendant is charged with a
7Class 2 or greater felony violation of:
8        (1) Section 401, 401.1, 405, or 405.2 of the Illinois
9    Controlled Substances Act;
10        (2) Section 5, 5.1, or 5.2 of the Cannabis Control
11    Act; or
12        (3) Section 15, 20, 25, 30, 35, 40, 45, 50, 55, 56, or
13    65 of the Methamphetamine Control and Community Protection
14    Act.
15    A defendant charged with prostitution under Section 11-14
16of the Criminal Code of 2012 may be admitted into a mental
17health court program, if available in the jurisdiction and
18provided that the requirements in subsections (a) and (b) are
19satisfied. Mental health court programs may include
20specialized service programs specifically designed to address
21the trauma associated with prostitution and human trafficking,
22and may offer those specialized services to defendants
23admitted to the mental health court program. Judicial circuits
24establishing these specialized programs shall partner with
25prostitution and human trafficking advocates, survivors, and
26service providers in the development of the programs.

 

 

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1(Source: P.A. 100-426, eff. 1-1-18; 101-652, eff. 7-1-21.)
 
2    (730 ILCS 168/25)
3    Sec. 25. Procedure.
4    (a) An The court shall require an eligibility screening
5and an assessment of the defendant shall be performed as
6required by the court's policies and procedures. The
7assessment shall include a validated clinical assessment. The
8clinical assessment shall include, but is not limited to,
9assessments of substance use and mental and behavioral health
10needs. The clinical assessment shall be administered by a
11qualified professional and used to inform any clinical
12treatment plans. Clinical treatment plans shall be developed,
13in part, upon the known availability of treatment resources
14available. Assessments for substance use disorder shall be
15conducted in accordance with the Department of Human Services
16substance use prevention and recovery rules contained in 77
17Ill. Adm. Code 2060 or an equivalent standard in any other
18state where treatment may take place, and conducted by
19individuals who meet the Department of Human Services
20substance use prevention and recovery rules for professional
21staff also contained within that Code, or an equivalent
22standard in any other state where treatment may take place.
23The assessments shall be used to inform any clinical treatment
24plans. Clinical treatment plans shall be developed in
25accordance with Problem-Solving Court Standards and, in part,

 

 

10200SB2565ham002- 56 -LRB102 16553 RLC 37801 a

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

 

 

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

 

 

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1jail sanctions, shall be administered in accordance with
2evidence-based practices and the Problem-Solving Court
3Standards. A participant's failure to pay program fines or
4fees shall not prevent the participant from advancing phases
5or successfully completing the program. If the participant
6needs treatment for an opioid use disorder or dependence, the
7court may not prohibit the participant from receiving
8medication-assisted treatment under the care of a physician
9licensed in this State to practice medicine in all of its
10branches. Mental health court participants may not be required
11to refrain from using medication-assisted treatment as a term
12or condition of successful completion of the mental health
13court program.
14    (f) The mental health court program may maintain or
15collaborate with a network of mental health treatment programs
16and, if it is a co-occurring mental health and substance use
17disorders court program, a network of substance use disorder
18treatment programs representing a continuum of treatment
19options commensurate with the needs of the participant and
20available resources, including programs of this State.
21    (g) Recognizing that individuals struggling with mental
22health, addiction, and related co-occurring disorders have
23often experienced trauma, mental health court programs may
24include specialized service programs specifically designed to
25address trauma. These specialized services may be offered to
26individuals admitted to the mental health court program.

 

 

10200SB2565ham002- 59 -LRB102 16553 RLC 37801 a

1Judicial circuits establishing these specialized programs
2shall partner with advocates, survivors, and service providers
3in the development of the programs. Trauma-informed services
4and programming shall be operated in accordance with
5evidence-based best practices as outlined by the Substance
6Abuse and Mental Health Service Administration's National
7Center for Trauma-Informed Care.
8    (h) The court may establish a mentorship program that
9provides access and support to program participants by peer
10recovery coaches. Courts shall be responsible to administer
11the mentorship program with the support of mentors and local
12mental health and substance use disorder treatment
13organizations.
14(Source: P.A. 95-606, eff. 6-1-08.)
 
15    (730 ILCS 168/30)
16    Sec. 30. Mental health and substance use disorder abuse
17treatment.
18    (a) The mental health court program may maintain or
19collaborate with a network of mental health treatment programs
20and, if it is a co-occurring mental health and substance use
21disorders abuse court program, a network of substance use
22disorder abuse treatment programs representing a continuum of
23treatment options commensurate with the needs of participants
24defendants and available resources.
25    (b) Any substance use disorder abuse treatment program to

 

 

10200SB2565ham002- 60 -LRB102 16553 RLC 37801 a

1which participants defendants are referred must hold a valid
2license from the Department of Human Services Division of
3Substance Use Prevention and Recovery, use evidence-based
4treatment, and deliver all services in accordance with 77 Ill.
5Adm. Code 2060, including services available through the
6United States Department of Veterans Affairs, the Illinois
7Department of Veterans Affairs, or the Veterans Assistance
8Commission, or an equivalent standard in any other state where
9treatment may take place meet all of the rules and governing
10programs in Parts 2030 and 2060 of Title 77 of the Illinois
11Administrative Code.
12    (c) The mental health court program may, at its
13discretion, employ additional services or interventions, as it
14deems necessary on a case by case basis.
15(Source: P.A. 95-606, eff. 6-1-08.)
 
16    (730 ILCS 168/35)
17    Sec. 35. Violation; termination; dismissal from program
18discharge.
19     (a) If the court finds from the evidence presented,
20including, but not limited to, the reports or proffers of
21proof from the mental health court professionals, that: (1)
22the participant is not complying with the requirements of the
23treatment program; or (2) the participant has otherwise
24violated the terms and conditions of the program, the court
25may impose reasonable sanctions under the prior written

 

 

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

 

 

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1determine whether the participant has violated the conditions
2of the program and whether the participant should be dismissed
3from the program or whether, pursuant to the court's policies
4and procedures, some other alternative may be appropriate in
5the interests of the participant and the public.
6    (a-10) A participant may voluntarily withdraw from the
7mental health court program in accordance with the mental
8health court program's policies and procedures. Prior to
9allowing the participant to withdraw, the judge shall:
10            (1) ensure that the participant has the right to
11        consult with counsel prior to withdrawal;
12            (2) determine in open court that the withdrawal is
13        made voluntarily and knowingly; and
14            (3) admonish the participant in open court, as to
15        the consequences, actual or potential, which can
16        result from withdrawal.
17    Upon withdrawal, the criminal proceedings may be
18reinstated against the participant or proceedings may be
19initiated under Section 5-6-4 of the Unified Code of
20Corrections for a violation of probation, conditional
21discharge, or supervision hearing.
22    (a-15) No participant defendant may be dismissed from the
23program unless, prior to such dismissal, the participant
24defendant is informed in writing: (i) of the reason or reasons
25for the dismissal; (ii) the evidentiary basis supporting the
26reason or reasons for the dismissal; (iii) that the

 

 

10200SB2565ham002- 63 -LRB102 16553 RLC 37801 a

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

 

 

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1associated underlying records per the Criminal Identification
2Act. If the State's Attorney moves to vacate a conviction, the
3State's Attorney may not object to expungement of that
4conviction or the underlying record.
5    (d) The mental health court program may maintain or
6collaborate with a network of legal aid organizations that
7specialize in conviction relief to support participants
8navigating the expungement and sealing process.
9(Source: P.A. 95-606, eff. 6-1-08.)
 
10    (730 ILCS 168/41 new)
11    Sec. 41. Education seminars for judges. A judge assigned
12to preside over a mental health court shall have experience,
13training, and continuing education in topics including, but
14not limited to:
15        (1) criminal law;
16        (2) behavioral health;
17        (3) confidently;
18        (4) ethics;
19        (5) evidence-based practices;
20        (6) substance use disorders;
21        (7) mental illness;
22        (8) co-occurring disorders; and
23        (9) presiding over various types of problem-solving
24    courts.
 

 

 

10200SB2565ham002- 65 -LRB102 16553 RLC 37801 a

1    (730 ILCS 168/45 new)
2    Sec. 45. Education seminars for mental health court
3prosecutors. Subject to appropriation, the Office of the
4State's Attorneys Appellate Prosecutor shall conduct mandatory
5education seminars for all prosecutors serving in mental
6health courts throughout the State to ensure that the
7problem-solving court maintains fidelity to the
8problem-solving court model. Topics include, but are not
9limited to, evidence-based screening, assessment and treatment
10practices, target population, substance use disorders, mental
11illness, disability, co-occurring disorders, trauma,
12confidentiality, criminogenic risks and needs, incentives and
13sanctions, court processes, limited English proficiency, and
14team dynamics.
 
15    (730 ILCS 168/50 new)
16    Sec. 50. Education seminars for mental health court public
17defenders. Subject to appropriation, the Office of the State
18Appellate Defender shall conduct mandatory education seminars
19for all public defenders and assistant public defenders
20practicing in mental health courts throughout the State to
21ensure that the problem-solving court maintains fidelity to
22the problem-solving court model. Topics include, but are not
23limited to, evidence-based screening, assessment and treatment
24practices, target population, substance use disorders, mental
25illness, disability, co-occurring disorders, trauma,

 

 

10200SB2565ham002- 66 -LRB102 16553 RLC 37801 a

1confidentiality, criminogenic risks and needs, incentives and
2sanctions, court processes, limited English proficiency, and
3team dynamics.
 
4    (730 ILCS 168/40 rep.)
5    Section 20. The Mental Health Court Treatment Act is
6amended by repealing Section 40.
 
7    Section 99. Effective date. This Act takes effect upon
8becoming law.".