(730 ILCS 166/25)
(a) The court shall order an eligibility screening and an assessment of the
defendant 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 defendant has been completed within the previous 60 days.
(b) The judge shall inform the defendant that if the defendant fails to
meet the conditions of the drug court program, eligibility to participate in
program may be revoked and the defendant may be sentenced or the prosecution
continued as provided in
Unified Code of Corrections for the crime charged.
(c) The defendant 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 the Pretrial Services
Act and Section 5-6-3 of the Unified Code of Corrections, the court may order
the defendant to complete substance abuse treatment in an outpatient,
residential, or jail-based custodial treatment program. Any period of time a
defendant shall serve in a jail-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
(e) The drug court program shall include a regimen of graduated
requirements and rewards and sanctions, including but not limited to: fines,
fees, costs, restitution, incarceration of up to 180 days, individual and group
analysis testing, close monitoring by the court at a minimum of once every 30
and supervision of progress, educational or vocational counseling as
appropriate, and other
requirements necessary to fulfill the drug court program. If the defendant needs treatment for opioid abuse or dependence, the court may not prohibit the defendant from participating in and
receiving medication assisted treatment under the care of
a physician licensed in this State to practice medicine in all
of its branches. Drug court participants may not be required to refrain from using medication assisted treatment as a term or condition of successful completion of the drug court program.
(Source: P.A. 99-554, eff. 1-1-17