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

SB2565sam001 102ND GENERAL ASSEMBLY

Sen. Melinda Bush

Filed: 4/9/2021

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 2565

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

 

 

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1struggling with these issues, provide alternatives to
2incarceration to address incidences a criminal justice system
3program that will reduce the incidence of drug use, drug
4addiction, and provide appropriate access to treatment and
5support to persons with substance use disorders. crimes
6committed as a result of drug use and drug addiction. It is the
7intent of the General Assembly to create specialized drug
8courts, in accordance with national best practices, for
9addressing addiction and co-occurring disorders with the
10necessary flexibility to meet the needs for an array of
11services and supports among participants in drug court
12programs problems in the State of Illinois.
13(Source: P.A. 92-58, eff. 1-1-02.)
 
14    (730 ILCS 166/10)
15    Sec. 10. Definitions. As used in this Act:
16    "Drug court", "drug court program", or "program" means an
17immediate and highly structured judicial intervention process
18for substance use abuse treatment of eligible defendants that
19brings together substance use abuse professionals, local
20social programs, and intensive judicial monitoring in
21accordance with the nationally recommended 10 key components
22of drug courts.
23    "Drug court professional" means a member of the drug court
24team, including but not limited to a judge, prosecutor,
25defense attorney, probation officer, coordinator, licensed

 

 

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1treatment provider, or peer recovery coach.
2    "Pre-adjudicatory drug court program" means a program that
3allows the defendant, with the consent of the prosecution, to
4expedite the defendant's criminal case before conviction or
5before filing of a criminal case and requires successful
6completion of the drug court program as part of the agreement.
7    "Post-adjudicatory drug court program" means a program in
8which the defendant has admitted guilt or has been found
9guilty and agrees, along with the prosecution, to enter a drug
10court program as part of the defendant's sentence.
11    "Combination drug court program" means a drug court
12program that includes a pre-adjudicatory drug court program
13and a post-adjudicatory drug court program.
14    "Clinical treatment plan" means an evidence-based,
15comprehensive, and individualized plan that defines the scope
16of treatment services to be delivered by a court treatment
17provider.
18    "Validated clinical assessment" may include assessment
19tools required by public or private insurance.
20    "Peer recovery coach" means a mentor assigned to a
21defendant during participation in a drug treatment court
22program who has been trained by the court, a service provider
23utilized by the court for substance use or mental health
24treatment, or be a recovery support specialist certified by
25the State of Illinois. Peer recovery coaches should be
26individuals with lived experience and shall guide and mentor

 

 

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1the participant to successfully complete the assigned
2requirements and work to help facilitate participants'
3independence for continued success once the supports of the
4court are no longer available to them.
5(Source: P.A. 97-946, eff. 8-13-12.)
 
6    (730 ILCS 166/25)
7    Sec. 25. Procedure.
8    (a) The court shall order an eligibility screening and an
9assessment of the defendant by an agent designated by the
10State of Illinois to provide assessment services for the
11Illinois Courts. The assessment shall include a validated
12clinical assessment. The clinical assessment shall include,
13but not be limited to, assessments of substance use, mental
14and behavioral health needs. The clinical assessment shall be
15administered by a qualified clinician and used to inform any
16clinical treatment plans. Clinical treatment plans shall be
17developed, in part, upon the known availability of treatment
18resources available. An assessment need not be ordered if the
19court finds a valid assessment related to the present charge
20pending against the defendant has been completed within the
21previous 60 days.
22    (b) The judge shall inform the defendant that if the
23defendant fails to meet the conditions of the drug court
24program, eligibility to participate in the program may be
25revoked and the defendant may be sentenced or the prosecution

 

 

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1continued as provided in the Unified Code of Corrections for
2the crime charged.
3    (c) The defendant shall execute a written agreement as to
4his or her participation in the program and shall agree to all
5of the terms and conditions of the program, including but not
6limited to the possibility of sanctions or incarceration for
7failing to abide or comply with the terms of the program.
8    (d) In addition to any conditions authorized under the
9Pretrial Services Act and Section 5-6-3 of the Unified Code of
10Corrections, the court may order the defendant to complete
11substance use abuse treatment in an outpatient, inpatient,
12residential, or jail-based custodial treatment program, order
13the defendant to complete mental health counseling in an
14inpatient or outpatient basis, comply with physicians'
15recommendation regarding medications and all follow up
16treatment for any mental health diagnosis made by the
17provider. Substance use treatment programs must be licensed by
18the State of Illinois as a Substance Use Prevention and
19Recovery (SUPR) provider and utilize evidence-based treatment.
20When referring participants to mental health treatment
21programs, the court shall prioritize providers certified as
22community mental health or behavioral health centers as
23possible. The court shall prioritize the least restrictive
24treatment option when ordering mental health or substance use
25treatment for participants. The court may order jail-based
26custodial treatment if it finds that jail-based treatment is

 

 

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1the least restrictive alternative based on evidence that
2efforts were made to locate less restrictive alternatives to
3secure confinement and the reasons why efforts were
4unsuccessful in locating a less restrictive alternative to
5jail-based custodial treatment. Any period of time a defendant
6shall serve in a jail-based treatment program may not be
7reduced by the accumulation of good time or other credits and
8may be for a period of up to 120 days.
9    (e) The drug court program shall include a regimen of
10graduated requirements and rewards and sanctions, including
11but not limited to: fines, fees, costs, restitution,
12incarceration of up to 180 days, individual and group therapy,
13drug analysis testing, close monitoring by the court at a
14minimum of once every 30 days and supervision of progress,
15educational or vocational counseling as appropriate, and other
16requirements necessary to fulfill the drug court program. If
17the defendant needs treatment for opioid use abuse or
18dependence, the court may not prohibit the defendant from
19participating in and receiving medication assisted treatment
20under the care of a physician licensed in this State to
21practice medicine in all of its branches. Drug court
22participants may not be required to refrain from using
23medication assisted treatment as a term or condition of
24successful completion of the drug court program.
25    (f) Recognizing that individuals struggling with mental
26health, addiction, and related co-occurring disorders have

 

 

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1often experienced trauma, drug court programs may include
2specialized service programs specifically designed to address
3trauma. These specialized services may be offered to
4defendants admitted to the drug court program. Judicial
5circuits establishing these specialized programs shall partner
6with advocates, survivors, and service providers in the
7development of the programs. Trauma-informed services and
8programming should be operated in accordance with best
9practices outlined by the Substance Abuse and Mental Health
10Service Administration's National Center for Trauma Informed
11Care (SAMHSA).
12    (g) The Court may establish a mentorship program that
13provides access and support to program participants by peer
14recovery coaches. Courts shall be responsible to administer
15the mentorship program with the support of mentors and local
16mental health and substance use treatment organizations. Peer
17recovery coaches shall be trained by the court, a service
18provider utilized by the court for substance use or mental
19health treatment, or be a recovery support specialist
20certified by the State of Illinois. Peer recovery coaches
21shall be approved by the Court and complete orientation with
22the court team prior to being assigned to participants in the
23program.
24(Source: P.A. 99-554, eff. 1-1-17.)
 
25    (730 ILCS 166/30)

 

 

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1    Sec. 30. Mental health and substance use Substance abuse
2treatment.
3    (a) The drug court program shall maintain a network of
4substance use abuse treatment programs representing a
5continuum of graduated substance use abuse treatment options
6commensurate with the needs of defendants.
7    (b) Any substance use abuse treatment program to which
8defendants are referred must be licensed by the State of
9Illinois as SUPR providers and utilize evidence-based
10treatment, meet all of the rules and governing programs in
11Parts 2030 and 2060 of Title 77 of the Illinois Administrative
12Code.
13    (c) The drug court program may, at its discretion, employ
14additional services or interventions, as it deems necessary on
15a case by case basis.
16    (d) The drug court program may maintain or collaborate
17with a network of mental health treatment programs
18representing a continuum of treatment options commensurate
19with the needs of the defendant and available resources
20including programs with the State of Illinois and
21community-based programs supported and sanctioned by the State
22of Illinois. Partnerships with providers certified as
23community mental health or behavioral health centers shall be
24prioritized when possible.
25(Source: P.A. 92-58, eff. 1-1-02.)
 

 

 

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1    (730 ILCS 166/35)
2    Sec. 35. Violation; termination; discharge.
3    (a) If the court finds from the evidence presented
4including but not limited to the reports or proffers of proof
5from the drug court professionals that:
6        (1) the defendant is not performing satisfactorily in
7    the assigned program;
8        (2) the defendant is not benefitting from education,
9    treatment, or rehabilitation;
10        (3) the defendant has engaged in criminal conduct
11    rendering him or her unsuitable for the program; or
12        (4) the defendant has otherwise violated the terms and
13    conditions of the program or his or her sentence or is for
14    any reason unable to participate;
15the court may impose reasonable sanctions under prior written
16agreement of the defendant, including but not limited to
17imprisonment or dismissal of the defendant from the program
18and the court may reinstate criminal proceedings against him
19or her or proceed under Section 5-6-4 of the Unified Code of
20Corrections for a violation of probation, conditional
21discharge, or supervision hearing.
22    (a-5) A defendant who is assigned to a substance use abuse
23treatment program under this Act for opioid use abuse or
24dependence is not in violation of the terms or conditions of
25the program on the basis of his or her participation in
26medication assisted treatment under the care of a physician

 

 

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1licensed in this State to practice medicine in all of its
2branches.
3    (b) Upon successful completion of the terms and conditions
4of the program, the court may dismiss the original charges
5against the defendant or successfully terminate the
6defendant's sentence or otherwise discharge him or her from
7any further proceedings against the defendant him or her in
8the original prosecution.
9    (c) Upon successful completion of the terms and conditions
10of the program, any State's Attorney in the county of
11conviction may move to vacate convictions held by the
12defendant that are eligible for sealing under the Criminal
13Identification Act. Participants may immediately file
14petitions to expunge vacated convictions and the associated
15underlying records per the Criminal Identification Act. In
16cases where the State's Attorney moves to vacate a conviction,
17the State's Attorney may not object to expungement of that
18conviction or the underlying record.
19    (d) The drug court program may maintain or collaborate
20with a network of legal aid organizations that specialize in
21conviction relief to support participants navigating the
22expungement and sealing process.
23(Source: P.A. 99-554, eff. 1-1-17.)
 
24    (730 ILCS 166/45)
25    Sec. 45. Education seminars for drug court prosecutors.

 

 

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1Subject to appropriation, the Office of the State's Attorneys
2Appellate Prosecutor shall conduct mandatory education
3seminars on the subjects of substance use disorder abuse and
4addiction for all drug court prosecutors throughout the State.
5(Source: P.A. 99-480, eff. 9-9-15.)
 
6    (730 ILCS 166/50)
7    Sec. 50. Education seminars for public defenders. Subject
8to appropriation, the Office of the State Appellate Defender
9shall conduct mandatory education seminars on the subjects of
10substance use disorder abuse and addiction for all public
11defenders and assistant public defenders practicing in drug
12courts throughout the State.
13(Source: P.A. 99-480, eff. 9-9-15.)
 
14    Section 10. The Veterans and Servicemembers Court
15Treatment Act is amended by changing Sections 5, 10, 20, 25,
1630, and 35 and by adding Sections 40, 45, and 50 as follows:
 
17    (730 ILCS 167/5)
18    Sec. 5. Purposes. The General Assembly recognizes that
19veterans and active, Reserve and National Guard servicemembers
20have provided or are currently providing an invaluable service
21to our country. In so doing, some may suffer the effects of,
22including but not limited to, post traumatic stress disorder,
23traumatic brain injury, depression and may also suffer drug

 

 

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1and alcohol dependency or addiction and co-occurring mental
2illness and substance use disorders abuse problems. As a
3result of this, some veterans or active duty servicemembers
4come into contact with the criminal justice system and are
5charged with felony or misdemeanor offenses. There is a
6critical need for the criminal justice system to recognize
7these veterans, provide accountability for their wrongdoing,
8provide for the safety of the public and provide for the
9treatment of our veterans. It is the intent of the General
10Assembly to create specialized veteran and servicemember
11courts or programs with the necessary flexibility to meet the
12specialized needs problems faced by these veteran and
13servicemember defendants.
14(Source: P.A. 96-924, eff. 6-14-10.)
 
15    (730 ILCS 167/10)
16    Sec. 10. Definitions. In this Act:
17    "Combination Veterans and Servicemembers Court program"
18means a court program that includes a pre-adjudicatory and a
19post-adjudicatory Veterans and Servicemembers court program.
20    "Court" means Veterans and Servicemembers Court.
21    "IDVA" means the Illinois Department of Veterans' Affairs.
22    "Peer recovery coach" means a volunteer veteran mentor
23assigned to a veteran or servicemember during participation in
24a veteran treatment court program who has been trained and
25certified by the court, a service provider utilized by the

 

 

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1court for substance use or mental health treatment, or be a
2recovery support specialist certified by the State of
3Illinois. Peer recovery coaches should be individuals with
4lived experience and shall to guide and mentor the participant
5to successfully complete the assigned requirements and work to
6help facilitate participants' independence for continued
7success once the supports of the court are no longer available
8to them.
9    "Post-adjudicatory Veterans and Servicemembers Court
10Program" means a program in which the defendant has admitted
11guilt or has been found guilty and agrees, along with the
12prosecution, to enter a Veterans and Servicemembers Court
13program as part of the defendant's sentence.
14    "Pre-adjudicatory Veterans and Servicemembers Court
15Program" means a program that allows the defendant with the
16consent of the prosecution, to expedite the defendant's
17criminal case before conviction or before filing of a criminal
18case and requires successful completion of the Veterans and
19Servicemembers Court programs as part of the agreement.
20    "Servicemember" means a person who is currently serving in
21the Army, Air Force, Marines, Navy, or Coast Guard on active
22duty, reserve status or in the National Guard.
23    "VA" means the United States Department of Veterans'
24Affairs.
25    "VAC" means a veterans assistance commission.
26    "Veteran" means a person who served in the active

 

 

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1military, naval, or air service and who was discharged or
2released therefrom under conditions other than dishonorable.
3    "Veterans and Servicemembers Court professional" means a
4member of the Veterans and Servicemembers Court team,
5including but not limited to a judge, prosecutor, defense
6attorney, probation officer, coordinator, treatment provider,
7or peer recovery coach.
8    "Veterans and Servicemembers Court" means a court or
9program with an immediate and highly structured judicial
10intervention process for substance use abuse treatment, mental
11health, or other assessed treatment needs of eligible veteran
12and servicemember defendants that brings together substance
13use abuse professionals, mental health professionals, VA
14professionals, local social programs and intensive judicial
15monitoring in accordance with the nationally recommended 10
16key components of drug courts.
17    "Clinical treatment plan" means an evidence-based,
18comprehensive, and individualized plan that defines the scope
19of treatment services to be delivered by a treatment provider.
20    "Validated clinical assessment" may include assessment
21tools required by public or private insurance.
22(Source: P.A. 99-314, eff. 8-7-15; 99-819, eff. 8-15-16.)
 
23    (730 ILCS 167/25)
24    Sec. 25. Procedure.
25    (a) The Court shall order the defendant to submit to an

 

 

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1eligibility screening and an assessment through the VA, VAC,
2and/or the IDVA to provide information on the defendant's
3veteran or servicemember status.
4    (b) The Court shall order the defendant to submit to an
5eligibility screening and mental health and drug/alcohol
6screening and assessment of the defendant by the VA, VAC, or by
7the IDVA to provide assessment services for Illinois Courts.
8The assessment shall include a validated clinical assessment.
9The clinical assessment shall include, but not be limited to,
10assessments of substance use, mental and behavioral health
11needs. The clinical assessment shall be administered by a
12qualified clinician and used to inform any clinical treatment
13plans. Clinical treatment plans shall be developed risks
14assessment and be based, in part, upon the known availability
15of treatment resources available to the Veterans and
16Servicemembers Court. The assessment shall also include
17recommendations for treatment of the conditions which are
18indicating a need for treatment under the monitoring of the
19Court and be reflective of a level of risk assessed for the
20individual seeking admission. An assessment need not be
21ordered if the Court finds a valid screening and/or assessment
22related to the present charge pending against the defendant
23has been completed within the previous 60 days.
24    (c) The judge shall inform the defendant that if the
25defendant fails to meet the conditions of the Veterans and
26Servicemembers Court program, eligibility to participate in

 

 

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1the program may be revoked and the defendant may be sentenced
2or the prosecution continued as provided in the Unified Code
3of Corrections for the crime charged.
4    (d) The defendant shall execute a written agreement with
5the Court as to his or her participation in the program and
6shall agree to all of the terms and conditions of the program,
7including but not limited to the possibility of sanctions or
8incarceration for failing to abide or comply with the terms of
9the program.
10    (e) In addition to any conditions authorized under the
11Pretrial Services Act and Section 5-6-3 of the Unified Code of
12Corrections, the Court may order the defendant to complete
13substance use abuse treatment in an outpatient, inpatient,
14residential, or jail-based custodial treatment program, order
15the defendant to complete mental health counseling in an
16inpatient or outpatient basis, comply with physicians'
17recommendation regarding medications and all follow up
18treatment for any mental health diagnosis made by the
19provider. Substance use treatment programs must be licensed by
20the State of Illinois as a Substance Use Prevention and
21Recovery (SUPR) provider and utilize evidence-based treatment.
22When referring participants to mental health treatment
23programs, the court shall prioritize providers certified as
24community mental health or behavioral health centers as
25possible. The court shall prioritize the least restrictive
26treatment option when ordering mental health or substance use

 

 

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1treatment for participants. The court may order jail-based
2custodial treatment if it finds that jail-based treatment is
3the least restrictive alternative based on evidence that
4efforts were made to locate less restrictive alternatives to
5secure confinement and the reasons why efforts were
6unsuccessful in locating a less restrictive alternative to
7jail-based custodial treatment. This treatment may include but
8is not limited to post-traumatic stress disorder, traumatic
9brain injury and depression.
10    (e-5) Recognizing that individuals struggling with mental
11health, addiction and related co-occurring disorders have
12often experienced trauma, veterans and servicemembers court
13programs may include specialized service programs specifically
14designed to address trauma. These specialized services may be
15offered to defendants admitted to the mental health court
16program. Judicial circuits establishing these specialized
17programs shall partner with advocates, survivors, and service
18providers in the development of the programs. Trauma-informed
19services and programming should be operated in accordance with
20best practices outlined by the Substance Abuse and Mental
21Health Service Administration's National Center for Trauma
22Informed Care (SAMHSA).
23    (f) The Court may establish a mentorship program that
24provides access and support to program participants by peer
25recovery coaches. Courts shall be responsible to administer
26the mentorship program with the support of volunteer veterans

 

 

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1and local veteran service organizations, including a VAC. Peer
2recovery coaches shall be trained and certified by the Court,
3a service provider utilized by the court for substance use or
4mental health treatment, or be a recovery support specialist
5certified by the State of Illinois. Peer recovery coaches
6shall be approved by the Court and complete orientation with
7the court team prior to being assigned to participants in the
8program.
9(Source: P.A. 99-314, eff. 8-7-15; 99-819, eff. 8-15-16.)
 
10    (730 ILCS 167/30)
11    Sec. 30. Mental health and substance use abuse treatment.
12    (a) The Veterans and Servicemembers Court program may
13maintain a network of substance use abuse treatment programs
14representing a continuum of graduated substance use abuse
15treatment options commensurate with the needs of defendants;
16these shall include programs with the VA, IDVA, a VAC, the
17State of Illinois and community-based programs supported and
18sanctioned by either or both.
19    (b) Any substance use abuse treatment program to which
20defendants are referred must be licensed by the State of
21Illinois as SUPR providers and utilize best practices,
22recognized by the Substance Abuse and Mental Health Services
23Administration or other equivalent state or federal agencies,
24meet all of the rules and governing programs in Parts 2030 and
252060 of Title 77 of the Illinois Administrative Code.

 

 

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

 

 

10200SB2565sam001- 20 -LRB102 16553 KMF 24946 a

1        (3) the defendant has engaged in criminal conduct
2    rendering him or her unsuitable for the program; or
3        (4) the defendant has otherwise violated the terms and
4    conditions of the program or his or her sentence or is for
5    any reason unable to participate; the Court may impose
6    reasonable sanctions under prior written agreement of the
7    defendant, including but not limited to imprisonment or
8    dismissal of the defendant from the program and the Court
9    may reinstate criminal proceedings against him or her or
10    proceed under Section 5-6-4 of the Unified Code of
11    Corrections for a violation of probation, conditional
12    discharge, or supervision hearing.
13    (b) Upon successful completion of the terms and conditions
14of the program, the Court may dismiss the original charges
15against the defendant or successfully terminate the
16defendant's sentence or otherwise discharge him or her from
17any further proceedings against him or her in the original
18prosecution.
19    (c) Upon successful completion of the terms and conditions
20of the program, any State's Attorney in the county of
21conviction may move to vacate any convictions eligible for
22sealing under the Criminal Identification Act. Defendants may
23immediately file petitions to expunge vacated convictions and
24the associated underlying records per the Criminal
25Identification Act. In cases where the State's Attorney moves
26to vacate a conviction, the State's Attorney may not object to

 

 

10200SB2565sam001- 21 -LRB102 16553 KMF 24946 a

1expungement of that conviction or the underlying record.
2    (d) Veterans and servicemembers court programs may
3maintain or collaborate with a network of legal aid
4organizations that specialize in conviction relief to support
5participants navigating the expungement and sealing process.
6(Source: P.A. 96-924, eff. 6-14-10.)
 
7    (730 ILCS 167/40 new)
8    Sec. 40. Education seminars for judges. The Administrative
9Office of the Illinois Courts shall conduct education seminars
10for judges throughout the State on how to operate Veterans and
11Servicemembers Court Programs.
 
12    (730 ILCS 167/45 new)
13    Sec. 45. Education seminars for Veterans and
14Servicemembers Court prosecutors. Subject to appropriation,
15the Office of the State's Attorneys Appellate Prosecutor shall
16conduct mandatory education seminars on the subjects of
17substance use, addiction, and mental health, for all Veterans
18and Servicemembers Court prosecutors throughout the State.
 
19    (730 ILCS 167/50 new)
20    Sec. 50. Education seminars for public defenders. Subject
21to appropriation, the Office of the State Appellate Defender
22shall conduct mandatory education seminars on the subjects of
23substance use, addiction, and mental health, for all public

 

 

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1defenders and assistant public defenders practicing in
2Veterans and Servicemembers Courts throughout the State.
 
3    Section 15. The Mental Health Court Treatment Act is
4amended by changing Sections 5, 10, 20, 25, 30, and 35 and by
5adding Sections 45, 50, and 55 as follows:
 
6    (730 ILCS 168/5)
7    Sec. 5. Purposes. The General Assembly recognizes that a
8large percentage of criminal defendants have a diagnosable
9mental illness and that mental illnesses have a dramatic
10effect on the criminal justice system in the State of
11Illinois. The General Assembly also recognizes that mental
12illness and substance use disorders abuse problems co-occur in
13a substantial percentage of criminal defendants. There is a
14critical need for a criminal justice system program that will
15reduce the number of persons with mental illnesses and with
16co-occurring mental illness and substance use disorders abuse
17problems in the criminal justice system, reduce recidivism
18among persons with mental illness and with co-occurring mental
19illness and substance use disorders abuse problems, provide
20appropriate treatment to persons with mental illnesses and
21co-occurring mental illness and substance use disorders abuse
22problems and reduce the incidence of crimes committed as a
23result of mental illnesses or co-occurring mental illness and
24substance use disorders abuse problems. It is the intent of

 

 

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1the General Assembly to create specialized mental health
2courts with the necessary flexibility to meet the needs
3problems of criminal defendants with mental illnesses and
4co-occurring mental illness and substance use disorders abuse
5problems in the State of Illinois.
6(Source: P.A. 95-606, eff. 6-1-08.)
 
7    (730 ILCS 168/10)
8    Sec. 10. Definitions. As used in this Act:
9    "Mental health court", "mental health court program", or
10"program" means a structured judicial intervention process for
11mental health treatment of eligible defendants that brings
12together mental health professionals, local social programs,
13and intensive judicial monitoring.
14    "Mental health court professional" means a member of the
15mental health court team, including but not limited to a
16judge, prosecutor, defense attorney, probation officer,
17coordinator, treatment provider, or peer recovery coach.
18    "Pre-adjudicatory mental health court program" means a
19program that allows the defendant, with the consent of the
20prosecution, to expedite the defendant's criminal case before
21conviction or before filing of a criminal case and requires
22successful completion of the mental health court program as
23part of the agreement.
24    "Post-adjudicatory mental health court program" means a
25program in which the defendant has admitted guilt or has been

 

 

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1found guilty and agrees, along with the prosecution, to enter
2a mental health court program as part of the defendant's
3sentence.
4    "Combination mental health court program" means a mental
5health court program that includes a pre-adjudicatory mental
6health court program and a post-adjudicatory mental health
7court program.
8    "Co-occurring mental health and substance use abuse court
9program" means a program that includes persons with
10co-occurring mental illness and substance use disorders abuse
11problems. Such programs shall include professionals with
12training and experience in treating persons with substance use
13disorders abuse problems and mental illness.
14    "Clinical treatment plan" means an evidence-based,
15comprehensive, and individualized plan that defines the scope
16of treatment services to be delivered by a treatment provider.
17    "Validated clinical assessment" may include assessment
18tools required by public or private insurance.
19    "Peer recovery coach" means a mentor assigned to a
20defendant during participation in a mental health treatment
21court program who has been trained by the court, a service
22provider utilized by the court for substance use or mental
23health treatment, or be a recovery support specialist
24certified by the State of Illinois. Peer recovery coaches
25should be individuals with lived experience and shall guide
26and mentor the participant to successfully complete the

 

 

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1assigned requirements and work to help facilitate
2participants' independence for continued success once the
3supports of the court are no longer available to them.
4(Source: P.A. 97-946, eff. 8-13-12.)
 
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 agreement of the
11defendant and with the approval of the court.
12    (b) A defendant shall be excluded from a mental health
13court program if any one of the following applies:
14        (1) The crime is a crime of violence as set forth in
15    clause (3) of this subsection (b).
16        (2) The defendant does not demonstrate a willingness
17    to participate in a treatment program.
18        (3) The defendant has been convicted of a crime of
19    violence within the past 10 years excluding incarceration
20    time. As used in this paragraph (3), "crime of violence"
21    means: first degree murder, second degree murder,
22    predatory criminal sexual assault of a child, aggravated
23    criminal sexual assault, criminal sexual assault, armed
24    robbery, aggravated arson, arson, aggravated kidnapping,
25    kidnapping, aggravated battery resulting in great bodily

 

 

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1    harm or permanent disability, stalking, aggravated
2    stalking, or any offense involving the discharge of a
3    firearm.
4        (4) (Blank).
5        (5) The crime for which the defendant has been
6    convicted is non-probationable.
7        (6) The sentence imposed on the defendant, whether the
8    result of a plea or a finding of guilt, renders the
9    defendant ineligible for probation.
10    (c) A defendant charged with prostitution under Section
1111-14 of the Criminal Code of 2012 may be admitted into a
12mental health court program, if available in the jurisdiction
13and provided that the requirements in subsections (a) and (b)
14are satisfied. Mental health court programs may include
15specialized service programs specifically designed to address
16the trauma associated with prostitution and human trafficking,
17and may offer those specialized services to defendants
18admitted to the mental health court program. Judicial circuits
19establishing these specialized programs shall partner with
20prostitution and human trafficking advocates, survivors, and
21service providers in the development of the programs.
22(Source: P.A. 100-426, eff. 1-1-18.)
 
23    (730 ILCS 168/25)
24    Sec. 25. Procedure.
25    (a) The court shall require an eligibility screening and

 

 

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

 

 

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1outpatient, inpatient, residential, or jail-based custodial
2treatment program, order the defendant to complete mental
3health counseling in an inpatient or outpatient basis, comply
4with physicians' recommendation regarding medications and all
5follow up treatment for any mental health diagnosis made by
6the provider. Substance abuse treatment programs must be
7licensed by the State of Illinois as a Substance Use
8Prevention and Recovery (SUPR) provider and utilize
9evidence-based treatment. When referring participants to
10mental health treatment programs, the court shall prioritize
11providers certified as community mental health or behavioral
12health centers as possible. The court shall prioritize the
13least restrictive treatment option when ordering mental health
14or substance use treatment for participants. The court may
15order jail-based custodial treatment if it finds that
16jail-based treatment is the least restrictive alternative
17based on evidence that efforts were made to locate less
18restrictive alternatives to secure confinement and the reasons
19why efforts were unsuccessful in locating a less restrictive
20alternative to jail-based custodial treatment. Any period of
21time a defendant shall serve in a jail-based treatment program
22may not be reduced by the accumulation of good time or other
23credits and may be for a period of up to 120 days.
24    (e) The mental health court program may include a regimen
25of graduated requirements and rewards and sanctions, including
26but not limited to: fines, fees, costs, restitution,

 

 

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1incarceration of up to 180 days, individual and group therapy,
2medication, drug analysis testing, close monitoring by the
3court and supervision of progress, educational or vocational
4counseling as appropriate and other requirements necessary to
5fulfill the mental health court program.
6    (f) The Mental Health Court program may maintain or
7collaborate with a network of mental health treatment programs
8and, if it is a co-occurring mental health and substance use
9court program, a network of substance use treatment programs
10representing a continuum of treatment options commensurate
11with the needs of the defendant and available resources
12including programs with the State of Illinois.
13    (g) Recognizing that individuals struggling with mental
14health, addiction and related co-occurring disorders have
15often experienced trauma, mental health court programs may
16include specialized service programs specifically designed to
17address trauma. These specialized services may be offered to
18defendants admitted to the mental health court program.
19Judicial circuits establishing these specialized programs
20shall partner with service providers in the development of the
21programs. Trauma-informed services and programming should be
22operated in Accordance with best practices outlined by the
23Substance Abuse and Mental Health Service Administration's
24National Center for Trauma Informed Care (SAMHSA).
25    (h) The Court may establish a mentorship program that
26provides access and support to program participants by peer

 

 

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1recovery coaches. Courts shall be responsible to administer
2the mentorship program with the support of mentors and local
3mental health and substance use treatment organizations. Peer
4recovery coaches shall be trained and licensed by the court, a
5service provider utilized by the court for substance use or
6mental health treatment, or be a recovery support specialist
7certified by the State of Illinois. Peer recovery coaches
8shall be approved by the Court and complete orientation with
9the court team prior to being assigned to participants in the
10program.
11(Source: P.A. 95-606, eff. 6-1-08.)
 
12    (730 ILCS 168/30)
13    Sec. 30. Mental health and substance use abuse treatment.
14    (a) 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
17abuse court program, a network of substance use abuse
18treatment programs representing a continuum of treatment
19options commensurate with the needs of defendants and
20available resources.
21    (b) Any substance use abuse treatment program to which
22defendants are referred must be licensed by the State of
23Illinois as SUPR providers and utilize evidence-based
24treatment, meet all of the rules and governing programs in
25Parts 2030 and 2060 of Title 77 of the Illinois Administrative

 

 

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1Code.
2    (c) The mental health court program may, at its
3discretion, employ additional services or interventions, as it
4deems necessary on a case by case basis.
5(Source: P.A. 95-606, eff. 6-1-08.)
 
6    (730 ILCS 168/35)
7    Sec. 35. Violation; termination; discharge.
8    (a) If the court finds from the evidence presented,
9including but not limited to the reports or proffers of proof
10from the mental health court professionals that:
11        (1) the defendant is not performing satisfactorily in
12    the assigned program;
13        (2) the defendant is not benefiting from education,
14    treatment, or rehabilitation;
15        (3) the defendant has engaged in criminal conduct
16    rendering him or her unsuitable for the program; or
17        (4) the defendant has otherwise violated the terms and
18    conditions of the program or his or her sentence or is for
19    any reason unable to participate;
20the court may impose reasonable sanctions under prior written
21agreement of the defendant, including but not limited to
22imprisonment or dismissal of the defendant from the program;
23and the court may reinstate criminal proceedings against him
24or her or proceed under Section 5-6-4 of the Unified Code of
25Corrections for a violation of probation, conditional

 

 

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1discharge, or supervision hearing. No defendant may be
2dismissed from the program unless, prior to such dismissal,
3the defendant is informed in writing: (i) of the reason or
4reasons for the dismissal; (ii) the evidentiary basis
5supporting the reason or reasons for the dismissal; (iii) that
6the defendant has a right to a hearing at which he or she may
7present evidence supporting his or her continuation in the
8program. Based upon the evidence presented, the court shall
9determine whether the defendant has violated the conditions of
10the program and whether the defendant should be dismissed from
11the program or whether some other alternative may be
12appropriate in the interests of the defendant and the public.
13    (b) Upon successful completion of the terms and conditions
14of the program, the court may dismiss the original charges
15against the defendant or successfully terminate the
16defendant's sentence or otherwise discharge him or her from
17the program or from any further proceedings against him or her
18in the original prosecution.
19    (c) Upon successful completion of the terms and conditions
20of the program, any State's Attorney in the county of
21conviction may move to vacate any convictions eligible for
22sealing under the Criminal Identification Act. Defendants may
23immediately file petitions to expunge vacated convictions and
24the associated underlying records per the Criminal
25Identification Act. In cases where the State's Attorney moves
26to vacate a conviction, the State's Attorney may not object to

 

 

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1expungement of that conviction or the underlying record.
2    (d) The mental health court program may maintain or
3collaborate with a network of legal aid organizations that
4specialize in conviction relief to support participants
5navigating the expungement and sealing process.
6(Source: P.A. 95-606, eff. 6-1-08.)
 
7    (730 ILCS 168/45 new)
8    Sec. 45. Education seminars for judges. The Administrative
9Office of the Illinois Courts shall conduct education seminars
10for judges throughout the State on how to operate Mental
11Health Court programs.
 
12    (730 ILCS 168/50 new)
13    Sec. 50. Education seminars for Mental Health Court
14prosecutors. Subject to appropriation, the Office of the
15State's Attorneys Appellate Prosecutor shall conduct mandatory
16education seminars on the subjects of substance use, addiction
17and mental health, for all prosecutors serving in Mental
18Health courts throughout the State.
 
19    (730 ILCS 168/55 new)
20    Sec. 55. Education seminars for public defenders. Subject
21to appropriation, the Office of the State Appellate Defender
22shall conduct mandatory education seminars on the subjects of
23substance use, addiction, and mental health, for all public

 

 

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1defenders and assistant public defenders practicing in Mental
2Health courts throughout the State.".