705 ILCS 410/ Juvenile Drug Court Treatment Act.

Information maintained by the Legislative Reference Bureau

Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide.

Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.

COURTS
(705 ILCS 410/) Juvenile Drug Court Treatment Act.

705 ILCS 410/1

(705 ILCS 410/1)

Sec. 1.

Short title.

This Act may be cited as the Juvenile Drug Court Treatment Act.

(Source: P.A. 92-559, eff. 1-1-03.)

705 ILCS 410/5

(705 ILCS 410/5)

Sec. 5.

Purposes.

The General Assembly recognizes that
the  use  and  abuse  of  drugs  has a dramatic effect on the
juvenile justice system in the State of Illinois. There is  a
critical need for a juvenile justice system program that will
reduce  the incidence of drug use, drug addiction, and crimes
committed as a result of drug use and drug addiction.  It  is
the intent of the General Assembly to create specialized drug
courts  with  the  necessary  flexibility  to  meet  the drug
problems in the State of Illinois.

(Source: P.A. 92-559, eff. 1-1-03.)

705 ILCS 410/10

(705 ILCS 410/10)

Sec. 10.

Definitions.

As used in this Act:

"Drug court", "drug court program", or "program" means an
immediate and highly structured judicial intervention process
for substance abuse treatment  of  eligible  minors  that
brings  together  substance abuse professionals, local social
programs, and intensive  judicial  monitoring  in  accordance
with  the  nationally  recommended  10 key components of drug
courts.

"Drug court  professional"  means  a  judge,  prosecutor,
defense  attorney,  probation  officer, or treatment provider
involved with the drug court program.

"Pre-adjudicatory drug court  program"  means  a  program
that   allows   the   minor,  with  the  consent  of  the
prosecution, to expedite the minor's delinquency case   and  requires
successful  completion  of  the drug court program as part of
the agreement.

"Post-adjudicatory drug court program" means a program in
which the minor has admitted  guilt  or  has  been  found
guilty  and  agrees,  along  with the prosecution, to enter a
drug court program as part of the minor's disposition.

"Combination drug  court  program"  means  a  drug  court
program  that  includes a pre-adjudicatory drug court program
and a post-adjudicatory drug court program.

(Source: P.A. 92-559, eff. 1-1-03.)

705 ILCS 410/15

(705 ILCS 410/15)

Sec. 15.

Authorization.

The  Chief  Judge  of  each
judicial circuit may establish a  drug court program for minors
including
the format under which it operates under this Act.

(Source: P.A. 92-559, eff. 1-1-03.)

705 ILCS 410/20

(705 ILCS 410/20)

Sec. 20.

Eligibility.

(a) A minor may be admitted into a drug court
program only upon the agreement of the prosecutor and the
minor and with the approval of the court.

(b) A minor shall be excluded from a drug court
program if any of one of the following apply:

(1) The crime is a crime of violence as set forth in

clause (4) of this subsection (b).

(2) The minor denies his or her use of or addiction

to drugs.

(3) The minor does not demonstrate a willingness to

participate in a treatment program.

(4) The minor has been adjudicated delinquent for a

crime of violence within the past 10 years excluding incarceration time, including but not limited to: first degree  murder, second  degree  murder, predatory criminal sexual assault of a child, criminal sexual assault, armed robbery, aggravated arson, arson, aggravated  kidnapping, kidnapping, aggravated battery resulting in great bodily harm or permanent disability, stalking, aggravated stalking, or any offense involving the discharge of a firearm.

(Source: P.A. 92-559, eff. 1-1-03.)

705 ILCS 410/25

(705 ILCS 410/25)

Sec. 25. Procedure.

(a) The court shall order an eligibility screening and an
assessment of the minor by an agent designated by the
State of Illinois to provide  assessment services for the
Illinois Courts.  An assessment need not be  ordered  if  the
court finds a valid assessment related to the present charge
pending against the minor has been completed  within  the
previous 60 days.

(b) The judge shall inform the minor that if the
minor fails to meet the conditions of the drug court
program, eligibility to participate in the program may be
revoked and the minor may be sentenced or the prosecution
continued as provided in the Juvenile Court Act of 1987 for
the crime charged.

(c) The minor shall execute a written agreement as
to his or her participation in the program and shall agree to
all of the terms and conditions of the program, including but
not limited to the possibility of sanctions or incarceration
for failing to abide or comply with the terms of the program.

(d) In  addition  to any conditions authorized under Sections 5-505, 5-710,
and 5-715 of the Juvenile Court Act of 1987, the court may order the minor to complete
substance abuse treatment in an outpatient, inpatient,
residential, or detention-based custodial treatment  program.  Any
period of time a minor shall serve in a detention-based
treatment program may not be reduced by the  accumulation of
good time or other credits and may be for a period of up to
120 days.

(e) The drug court program shall include a regimen of
graduated requirements and rewards and sanctions, including,
but not limited to: restitution, reasonable public service
,
incarceration of up to 120 days, individual and group
therapy, drug analysis testing, close monitoring by the court
at a minimum of once every 30 days and supervision of
progress, educational or vocational counseling as
appropriate, and other requirements necessary to fulfill the
drug court program. Reasonable public service shall not interfere with school hours, school-related activities, or work commitments of the minor or the minor's parent, guardian, or legal custodian.

(f) Fines and assessments, such as fees or administrative costs, under this Section shall not be ordered or imposed against minors or their parents, guardians, or legal custodians.

(Source: P.A. 103-379, eff. 7-28-23.)

705 ILCS 410/30

(705 ILCS 410/30)

Sec. 30.

Substance abuse treatment.

(a) The drug court program shall maintain a network of
substance abuse treatment programs representing a continuum
of graduated substance abuse treatment options commensurate
with the needs of minors.

(b) Any substance abuse treatment program to which
minors are referred must meet all of the rules and
governing programs in Parts 2030 and 2060 of Title 77 of the
Illinois Administrative Code.

(c) The drug court program may, at its discretion,
employ additional services or interventions, as it deems
necessary on a case by case basis.

(Source: P.A. 92-559, eff. 1-1-03.)

705 ILCS 410/35

(705 ILCS 410/35)

Sec. 35.

Violation; termination; discharge.

(a) If the court finds from the evidence presented
including but not limited to the reports or proffers of proof
from the drug court professionals that:

(1) the minor is not performing satisfactorily in the

assigned program;

(2) the minor is not benefitting from education,

treatment, or rehabilitation;

(3) the minor has engaged in criminal conduct

rendering him or her unsuitable for the program; or

(4) the minor has otherwise violated the terms and

conditions of the program or his or her dispositional order or is for any reason unable to participate;

the court may impose reasonable sanctions under prior written
agreement of the minor, including but not limited to
imprisonment or dismissal of the minor from the program
and the court may reinstate juvenile proceedings against him
or  her or proceed under Section 5-720 of the Juvenile Court Act of
1987 for a violation of probation, conditional
discharge, or supervision hearing.

(b) Upon successful completion of the terms and
conditions of the program by the minor, the court may dismiss the original
charges against the minor or successfully terminate the
minor's sentence  or otherwise discharge him or her from
any further proceedings against him or her in the original
prosecution.

(Source: P.A. 92-559, eff. 1-1-03.)

705 ILCS 410/40

(705 ILCS 410/40)
Sec. 40. Electronic monitoring.

The drug court program may also, subject to the approval of the Chief Judge of the Circuit, establish a program for electronic monitoring of juveniles subject to the jurisdiction of the juvenile drug court program as a less restrictive alternative to detention, consistent with any available evidence-based risk assessment or substance abuse treatment eligibility screening.

(Source: P.A. 100-431, eff. 8-25-17.)

705 ILCS 410/105

(705 ILCS 410/105)

Sec. 105.

(Amendatory provisions; text omitted).

(Source: P.A. 92-559, eff. 1-1-03; text omitted.)