HB5594 EngrossedLRB099 16470 RLC 40804 b


  
1    AN ACT concerning criminal law.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  
 
 
4    Section 5. The Drug Court Treatment Act is amended  by 
5changing Sections 25 and 35 as follows:
 



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 State 
10of Illinois to provide assessment
services for the Illinois 
11Courts.  An assessment need not be ordered if the
court finds a 
12valid assessment related to the present charge pending against

13the defendant has been completed within the previous 60 days.

14    (b) The judge shall inform the defendant that if the 
15defendant fails to
meet the conditions of the drug court 
16program, eligibility to participate in
the
program may be 
17revoked and the defendant may be sentenced or the prosecution

18continued as provided in
the
Unified Code of Corrections for 
19the crime charged.

20    (c) The defendant shall execute a written agreement as to 
21his or her
participation in the program and shall agree to all 
22of the terms and conditions
of the program, including but not 
23limited to the possibility of sanctions or
incarceration for 
 
 
HB5594 Engrossed- 2 -LRB099 16470 RLC 40804 b

1failing to abide or comply with the terms of the program.

2    (d) In addition to any conditions authorized under the 
3Pretrial Services
Act and Section 5-6-3 of the Unified Code of 
4Corrections, the court may order
the defendant to complete 
5substance abuse treatment in an outpatient,
inpatient,

6residential, or jail-based custodial treatment program. Any 
7period of time a
defendant shall serve in a jail-based 
8treatment program may not be reduced by
the accumulation of 
9good time or other credits and may be for a period of up to
120 
10days.

11    (e) The drug court program shall include a regimen of 
12graduated
requirements and rewards and sanctions, including 
13but not limited to: fines,
fees, costs, restitution, 
14incarceration of up to 180 days, individual and group
therapy, 
15drug
analysis testing, close monitoring by the court at a 
16minimum of once every 30
days
and supervision of progress, 
17educational or vocational counseling as
appropriate, and other

18requirements necessary to fulfill the drug court program. If 
19the defendant needs treatment for opioid abuse or dependence, 
20the court may not prohibit the defendant from participating in 
21and
receiving medication assisted treatment under the care of
a 
22physician licensed in this State to practice medicine in all
of 
23its branches.  Drug court participants may not be required to 
24refrain from using medication assisted treatment as a term or 
25condition of successful completion of the drug court program. 

26(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 and 
18the court may
reinstate
criminal proceedings against him or her 
19or 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 abuse 
23treatment program under this Act for opioid abuse or dependence 
24is not in violation of the terms or conditions of the program 
25on the basis of his or her participation in medication assisted 
 
 
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1treatment under the care of a  physician licensed  in this State 
2to practice medicine in all of its branches. 

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 any

7further proceedings against him or her in the original 
8prosecution.

9(Source: P.A. 92-58, eff. 1-1-02.)