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Public Act 099-0554


 

Public Act 0554 99TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 099-0554
 
HB5594 EnrolledLRB099 16470 RLC 40804 b

    AN ACT concerning criminal law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Drug Court Treatment Act is amended by
changing Sections 25 and 35 as follows:
 
    (730 ILCS 166/25)
    Sec. 25. Procedure.
    (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 the program may be
revoked and the defendant may be sentenced or the prosecution
continued as provided in the 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, inpatient,
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 120
days.
    (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 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. 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. 92-58, eff. 1-1-02.)
 
    (730 ILCS 166/35)
    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 defendant is not performing satisfactorily in
    the assigned program;
        (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 reinstate criminal proceedings against him or her
or proceed under Section 5-6-4 of the Unified Code of
Corrections for a violation of probation, conditional
discharge, 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, the 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. 92-58, eff. 1-1-02.)

Effective Date: 1/1/2017