(730 ILCS 166/10)
As used in this Act:
"Drug court", "drug court program", or "program" means an immediate and
structured judicial intervention process for substance abuse treatment of
eligible defendants 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 member of the drug court team, including but not limited to
a judge, prosecutor, defense attorney,
probation officer, coordinator, treatment provider, or peer recovery coach.
"Pre-adjudicatory drug court program" means a program that allows
with the consent of the prosecution, to expedite the defendant's criminal case
before conviction or before filing of a criminal 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
defendant has admitted
or has been found guilty and agrees, along with the prosecution, to enter a
court program as part of the defendant's sentence.
"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. 97-946, eff. 8-13-12.)
(730 ILCS 166/20)
(a) A defendant may be admitted into a drug court program only upon the
agreement of the defendant and with the approval of the
(b) A defendant 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 defendant denies his or her use of or
(3) The defendant does not demonstrate a willingness
to participate in a treatment program.
(4) The defendant has been convicted of a crime of
violence within the past 10 years excluding incarceration time. As used in this Section, "crime of violence" means: first degree murder, second degree murder, predatory criminal sexual assault of a child, aggravated criminal sexual assault, criminal sexual assault, armed robbery, aggravated arson, arson, aggravated kidnaping, kidnaping, aggravated battery resulting in great bodily harm or permanent disability, stalking, aggravated stalking, or any offense involving the discharge of a firearm.
(c) Notwithstanding subsection (a), the defendant may be admitted into a drug court program only upon the agreement of the prosecutor if:
(1) the defendant is charged with a Class 2 or
greater felony violation of:
(A) Section 401, 401.1, 405, or 405.2 of the
Illinois Controlled Substances Act;
(B) Section 5, 5.1, or 5.2 of the Cannabis
(C) Section 15, 20, 25, 30, 35, 40, 45, 50, 55,
56, or 65 of the Methamphetamine Control and Community Protection Act; or
(2) the defendant has previously, on 3 or more
occasions, either completed a drug court program, been discharged from a drug court program, or been terminated from a drug court program.
(Source: P.A. 99-480, eff. 9-9-15.)
(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
(730 ILCS 166/35)
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 defendant is not performing satisfactorily in
(2) the defendant is not benefitting from education,
treatment, or rehabilitation;
(3) the defendant has engaged in criminal conduct
rendering him or her unsuitable for the program; or
(4) the defendant has otherwise violated the terms
and conditions of the program or his or her sentence or is for any reason unable to participate;
the court may impose reasonable sanctions
under prior written agreement of the defendant, including but not limited to
imprisonment or dismissal of the defendant from the program and the court may
criminal proceedings against him or her or proceed under Section 5-6-4 of the
Unified Code of Corrections for a violation of probation,
or supervision hearing.
(a-5) A defendant who is assigned to a substance abuse treatment program under this Act for opioid abuse or dependence is not in violation of the terms or conditions of the program on the basis of his or her participation in medication assisted treatment under the care of a physician licensed in this State to practice medicine in all of its branches.
(b) Upon successful completion of the terms and conditions of the program,
court may dismiss the original charges against the defendant or successfully
terminate the defendant's sentence or otherwise discharge him or her from any
further proceedings against him or her in the original prosecution.
(Source: P.A. 99-554, eff. 1-1-17