Sen. Melinda Bush

Filed: 4/16/2021

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 2565

2    AMENDMENT NO. ______. Amend Senate Bill 2565 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Drug Court Treatment Act is amended by
5changing Sections 5, 10, 25, 30, 35, 45, and 50 as follows:
 
6    (730 ILCS 166/5)
7    Sec. 5. Purposes. The General Assembly recognizes that
8individuals struggling with substance use disorders may come
9into contact with the criminal justice system and be charged
10with felony or misdemeanor offenses. The General Assembly also
11recognizes that substance use disorders and mental illness
12co-occur in a substantial percentage of criminal defendants.
13the use and abuse of drugs has a dramatic effect on the
14criminal justice system in the State of Illinois. There is a
15critical need for the criminal justice system to recognize
16individuals struggling with these issues, provide alternatives

 

 

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1to incarceration to address incidences a criminal justice
2system program that will reduce the incidence of drug use,
3drug addiction, and provide appropriate access to treatment
4and support to such persons. crimes committed as a result of
5drug use and drug addiction. It is the intent of the General
6Assembly to create specialized drug courts, in accordance with
7national best practices, for addressing addiction and
8co-occurring disorders with the necessary flexibility to meet
9the needs for an array of services and supports among
10participants in drug court programs problems in the State of
11Illinois.
12(Source: P.A. 92-58, eff. 1-1-02.)
 
13    (730 ILCS 166/10)
14    Sec. 10. Definitions. As used in this Act:
15    "Drug court", "drug court program", or "program" means an
16immediate and highly structured judicial intervention process
17for substance use disorder abuse treatment of eligible
18defendants that brings together substance use disorder abuse
19professionals, local social programs, and intensive judicial
20monitoring in accordance with the nationally recommended 10
21key components of drug courts.
22    "Drug court professional" means a member of the drug court
23team, including but not limited to a judge, prosecutor,
24defense attorney, probation officer, coordinator, Illinois
25Department of Human Services/Division of Substance Use

 

 

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1Prevention and Recovery (IDHS/SUPR) licensed treatment
2provider, or peer recovery coach.
3    "Pre-adjudicatory drug court program" means a program that
4allows the defendant, with the consent of the prosecution, to
5expedite the defendant's criminal case before conviction or
6before filing of a criminal case and requires successful
7completion of the drug court program as part of the agreement.
8    "Post-adjudicatory drug court program" means a program in
9which the defendant has admitted guilt or has been found
10guilty and agrees, along with the prosecution, to enter a drug
11court program as part of the defendant's sentence.
12    "Combination drug court program" means a drug court
13program that includes a pre-adjudicatory drug court program
14and a post-adjudicatory drug court program.
15    "Clinical treatment plan" means an evidence-based,
16comprehensive, and individualized plan that is developed by a
17qualified professional in accordance with IDHS/SUPR
18regulations contained in Part 2060 of Title 77 of the Illinois
19Administrative Code, that defines the scope of treatment
20services to be delivered by a court treatment provider.
21    "Validated clinical assessment" may include assessment
22tools required by public or private insurance.
23    "Peer recovery coach" means a mentor assigned to a
24defendant during participation in a drug treatment court
25program who has been trained by the court, a service provider
26utilized by the court for substance use disorder or mental

 

 

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1health treatment, or be a recovery support specialist
2certified by the State of Illinois. Peer recovery coaches
3should be individuals with lived experience and shall guide
4and mentor the participant to successfully complete assigned
5requirements and work to help facilitate participants'
6independence for continued success once the supports of the
7court are no longer available to them.
8(Source: P.A. 97-946, eff. 8-13-12.)
 
9    (730 ILCS 166/25)
10    Sec. 25. Procedure.
11    (a) The court shall order an eligibility screening and an
12assessment of the defendant by an agent designated by the
13State of Illinois to provide assessment services for the
14Illinois Courts. The assessment shall be conducted in
15accordance with IDHS/SUPR regulations contained in Part 2060
16of Title 77 of the Illinois Administrative Code. The clinical
17assessment shall be administered by individuals who meet the
18IDHS/SUPR regulations for professional staff contained in Part
192060 of Title 77 of the Illinois Administrative Code and used
20to inform any Clinical Treatment Plans. Clinical Treatment
21Plans shall be developed, in part, upon the known availability
22of treatment resources available. An assessment need not be
23ordered if the court finds a valid assessment related to the
24present charge pending against the defendant has been
25completed within the previous 60 days.

 

 

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1    (b) The judge shall inform the defendant that if the
2defendant fails to meet the conditions of the drug court
3program, eligibility to participate in the program may be
4revoked and the defendant may be sentenced or the prosecution
5continued as provided in the Unified Code of Corrections for
6the crime charged.
7    (c) The defendant shall execute a written agreement as to
8his or her participation in the program and shall agree to all
9of the terms and conditions of the program, including but not
10limited to the possibility of sanctions or incarceration for
11failing to abide or comply with the terms of the program.
12    (d) In addition to any conditions authorized under the
13Pretrial Services Act and Section 5-6-3 of the Unified Code of
14Corrections, the court may order the defendant to complete
15substance use disorder abuse treatment in an outpatient,
16inpatient, residential, or jail-based custodial treatment
17program, order the defendant to complete mental health
18counseling in an inpatient or outpatient basis, comply with
19physicians' recommendation regarding medications and all
20follow up treatment for any mental health diagnosis made by
21the provider. Substance use disorder treatment programs must
22be licensed by IDHS/SUPR and utilize evidence-based treatment.
23When referring participants to mental health treatment
24programs, the court shall prioritize providers certified as
25community mental health or behavioral health centers as
26possible. The court shall prioritize the least restrictive

 

 

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1treatment option when ordering mental health or substance use
2disorder treatment for participants. The court may order
3jail-based custodial treatment if it finds that jail-based
4treatment is the least restrictive alternative based on
5evidence that efforts were made to locate less restrictive
6alternatives to secure confinement and the reasons why efforts
7were unsuccessful in locating a less restrictive alternative
8to jail-based custodial treatment. Any period of time a
9defendant shall serve in a jail-based treatment program may
10not be reduced by the accumulation of good time or other
11credits and may be for a period of up to 120 days.
12    (e) The drug court program shall include a regimen of
13graduated requirements and rewards and sanctions, including
14but not limited to: fines, fees, costs, restitution,
15incarceration of up to 180 days, individual and group therapy,
16drug analysis testing, close monitoring by the court at a
17minimum of once every 30 days and supervision of progress,
18educational or vocational counseling as appropriate, and other
19requirements necessary to fulfill the drug court program. If
20the defendant needs treatment for opioid use abuse or
21dependence, the court may not prohibit the defendant from
22participating in and receiving medication assisted treatment
23under the care of a physician licensed in this State to
24practice medicine in all of its branches. Drug court
25participants may not be required to refrain from using
26medication assisted treatment as a term or condition of

 

 

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1successful completion of the drug court program.
2    (f) Recognizing that individuals struggling with mental
3health, substance use, and related co-occurring disorders have
4often experienced trauma, drug court programs may include
5specialized service programs specifically designed to address
6trauma. These specialized services may be offered to
7defendants admitted to the drug court program. Judicial
8circuits establishing these specialized programs shall partner
9with advocates, survivors, and service providers in the
10development of the programs. Trauma-informed services and
11programming should be operated in accordance with best
12practices outlined by the Substance Abuse and Mental Health
13Service Administration's National Center for Trauma Informed
14Care (SAMHSA).
15    (g) The Court may establish a mentorship program that
16provides access and support to program participants by peer
17recovery coaches. Courts shall be responsible to administer
18the mentorship program with the support of mentors and local
19mental health and substance use disorder treatment
20organizations. Peer recovery coaches shall be trained by the
21court, a service provider utilized by the court for substance
22use or mental health treatment, or be a recovery support
23specialist certified by the State of Illinois. Peer recovery
24coaches shall be approved by the Court and complete
25orientation with the court team prior to being assigned to
26participants in the program.

 

 

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1(Source: P.A. 99-554, eff. 1-1-17.)
 
2    (730 ILCS 166/30)
3    Sec. 30. Mental health and substance use disorder
4Substance abuse treatment.
5    (a) The drug court program shall maintain a network of
6substance use disorder abuse treatment programs representing a
7continuum of graduated substance use disorder abuse treatment
8options commensurate with the needs of defendants.
9    (b) Any substance use disorder abuse treatment program to
10which defendants are referred must be licensed by IDHS/SUPR,
11utilize evidence-based treatment, and deliver all services in
12accordance with the regulations contained in Part meet all of
13the rules and governing programs in Parts 2030 and 2060 of
14Title 77 of the Illinois Administrative Code.
15    (c) The drug court program may, at its discretion, employ
16additional services or interventions, as it deems necessary on
17a case by case basis.
18    (d) The drug court program may maintain or collaborate
19with a network of mental health treatment programs
20representing a continuum of treatment options commensurate
21with the needs of the defendant and available resources
22including programs with the State of Illinois and
23community-based programs supported and sanctioned by the State
24of Illinois. Partnerships with providers certified as
25community mental health or behavioral health centers shall be

 

 

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1prioritized when possible.
2(Source: P.A. 92-58, eff. 1-1-02.)
 
3    (730 ILCS 166/35)
4    Sec. 35. Violation; termination; discharge.
5    (a) If the court finds from the evidence presented
6including but not limited to the reports or proffers of proof
7from the drug court professionals that:
8        (1) the defendant is not performing satisfactorily in
9    the assigned program;
10        (2) the defendant is not benefitting from education,
11    treatment, or rehabilitation;
12        (3) the defendant has engaged in criminal conduct
13    rendering him or her unsuitable for the program; or
14        (4) the defendant has otherwise violated the terms and
15    conditions of the program or his or her sentence or is for
16    any reason unable to participate;
17the court may impose reasonable sanctions under prior written
18agreement of the defendant, including but not limited to
19imprisonment or dismissal of the defendant from the program
20and the court may reinstate criminal proceedings against him
21or her or proceed under Section 5-6-4 of the Unified Code of
22Corrections for a violation of probation, conditional
23discharge, or supervision hearing.
24    (a-5) A defendant who is assigned to a substance use
25disorder abuse treatment program under this Act for an opioid

 

 

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1use disorder abuse or dependence is not in violation of the
2terms or conditions of the program on the basis of his or her
3participation in medication assisted treatment under the care
4of a physician licensed in this State to practice medicine in
5all of its branches.
6    (b) Upon successful completion of the terms and conditions
7of the program, the court may dismiss the original charges
8against the defendant or successfully terminate the
9defendant's sentence or otherwise discharge him or her from
10any further proceedings against the defendant him or her in
11the original prosecution.
12    (c) Upon successful completion of the terms and conditions
13of the program, any State's Attorney in the county of
14conviction may move to vacate convictions held by the
15defendant that are eligible for sealing under the Criminal
16Identification Act. Participants may immediately file
17petitions to expunge vacated convictions and the associated
18underlying records per the Criminal Identification Act. In
19cases where the State's Attorney moves to vacate a conviction,
20the State's Attorney may not object to expungement of that
21conviction or the underlying record.
22    (d) The drug court program may maintain or collaborate
23with a network of legal aid organizations that specialize in
24conviction relief to support participants navigating the
25expungement and sealing process.
26(Source: P.A. 99-554, eff. 1-1-17.)
 

 

 

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1    (730 ILCS 166/45)
2    Sec. 45. Education seminars for drug court prosecutors.
3Subject to appropriation, the Office of the State's Attorneys
4Appellate Prosecutor shall conduct mandatory education
5seminars on the subjects of substance use disorder abuse and
6addiction for all drug court prosecutors throughout the State.
7(Source: P.A. 99-480, eff. 9-9-15.)
 
8    (730 ILCS 166/50)
9    Sec. 50. Education seminars for public defenders. Subject
10to appropriation, the Office of the State Appellate Defender
11shall conduct mandatory education seminars on the subjects of
12substance use disorder abuse and addiction for all public
13defenders and assistant public defenders practicing in drug
14courts throughout the State.
15(Source: P.A. 99-480, eff. 9-9-15.)
 
16    Section 10. The Veterans and Servicemembers Court
17Treatment Act is amended by changing Sections 5, 10, 20, 25,
1830, and 35 and by adding Sections 40, 45, and 50 as follows:
 
19    (730 ILCS 167/5)
20    Sec. 5. Purposes. The General Assembly recognizes that
21veterans and active, Reserve and National Guard servicemembers
22have provided or are currently providing an invaluable service

 

 

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1to our country. In so doing, some may suffer the effects of,
2including but not limited to, post traumatic stress disorder,
3traumatic brain injury, depression and may also suffer drug
4and alcohol dependency or addiction and co-occurring mental
5illness and substance use disorders abuse problems. As a
6result of this, some veterans or active duty servicemembers
7come into contact with the criminal justice system and are
8charged with felony or misdemeanor offenses. There is a
9critical need for the criminal justice system to recognize
10these veterans, provide accountability for their wrongdoing,
11provide for the safety of the public and provide for the
12treatment of our veterans. It is the intent of the General
13Assembly to create specialized veteran and servicemember
14courts or programs with the necessary flexibility to meet the
15specialized needs problems faced by these veteran and
16servicemember defendants.
17(Source: P.A. 96-924, eff. 6-14-10.)
 
18    (730 ILCS 167/10)
19    Sec. 10. Definitions. In this Act:
20    "Combination Veterans and Servicemembers Court program"
21means a court program that includes a pre-adjudicatory and a
22post-adjudicatory Veterans and Servicemembers court program.
23    "Court" means Veterans and Servicemembers Court.
24    "IDVA" means the Illinois Department of Veterans' Affairs.
25    "Peer recovery coach" means a volunteer veteran mentor

 

 

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1assigned to a veteran or servicemember during participation in
2a veteran treatment court program who has been trained and
3certified by the court, a service provider utilized by the
4court for substance use or mental health treatment, or be a
5recovery support specialist certified by the State of
6Illinois. Peer recovery coaches should be individuals with
7lived experience and shall to guide and mentor the participant
8to successfully complete the assigned requirements and work to
9help facilitate participants' independence for continued
10success once the supports of the court are no longer available
11to them.
12    "Post-adjudicatory Veterans and Servicemembers Court
13Program" means a program in which the defendant has admitted
14guilt or has been found guilty and agrees, along with the
15prosecution, to enter a Veterans and Servicemembers Court
16program as part of the defendant's sentence.
17    "Pre-adjudicatory Veterans and Servicemembers Court
18Program" means a program that allows the defendant with the
19consent of the prosecution, to expedite the defendant's
20criminal case before conviction or before filing of a criminal
21case and requires successful completion of the Veterans and
22Servicemembers Court programs as part of the agreement.
23    "Servicemember" means a person who is currently serving in
24the Army, Air Force, Marines, Navy, or Coast Guard on active
25duty, reserve status or in the National Guard.
26    "VA" means the United States Department of Veterans'

 

 

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1Affairs.
2    "VAC" means a veterans assistance commission.
3    "Veteran" means a person who served in the active
4military, naval, or air service and who was discharged or
5released therefrom under conditions other than dishonorable.
6    "Veterans and Servicemembers Court professional" means a
7member of the Veterans and Servicemembers Court team,
8including but not limited to a judge, prosecutor, defense
9attorney, probation officer, coordinator, treatment provider,
10or peer recovery coach.
11    "Veterans and Servicemembers Court" means a court or
12program with an immediate and highly structured judicial
13intervention process for substance use disorder abuse
14treatment, mental health, or other assessed treatment needs of
15eligible veteran and servicemember defendants that brings
16together substance use disorder abuse professionals, mental
17health professionals, VA professionals, local social programs
18and intensive judicial monitoring in accordance with the
19nationally recommended 10 key components of drug courts.
20    "Clinical treatment plan" means an evidence-based,
21comprehensive, and individualized plan developed by a
22qualified professional in accordance with IDHS/SUPR
23regulations contained in Part 2060 of Title 77 of the Illinois
24Administrative Code, that defines the scope of treatment
25services to be delivered by a treatment provider.
26    "Validated clinical assessment" may include assessment

 

 

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1tools required by public or private insurance.
2(Source: P.A. 99-314, eff. 8-7-15; 99-819, eff. 8-15-16.)
 
3    (730 ILCS 167/25)
4    Sec. 25. Procedure.
5    (a) The Court shall order the defendant to submit to an
6eligibility screening and an assessment through the VA, VAC,
7and/or the IDVA to provide information on the defendant's
8veteran or servicemember status.
9    (b) The Court shall order the defendant to submit to an
10eligibility screening and mental health and substance use
11disorder drug/alcohol screening and assessment of the
12defendant by the VA, VAC, or by the IDVA to provide assessment
13services for Illinois Courts. The assessment shall include a
14validated clinical assessment. The clinical assessment shall
15include, but not be limited to, assessments of substance use,
16mental and behavioral health needs. The clinical assessment
17shall be administered by a qualified clinician and used to
18inform any clinical treatment plans. Clinical treatment plans
19shall be developed risks assessment and be based, in part,
20upon the known availability of treatment resources available
21to the Veterans and Servicemembers Court. The assessment shall
22also include recommendations for treatment of the conditions
23which are indicating a need for treatment under the monitoring
24of the Court and be reflective of a level of risk assessed for
25the individual seeking admission. An assessment need not be

 

 

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1ordered if the Court finds a valid screening and/or assessment
2related to the present charge pending against the defendant
3has been completed within the previous 60 days.
4    (c) The judge shall inform the defendant that if the
5defendant fails to meet the conditions of the Veterans and
6Servicemembers Court program, eligibility to participate in
7the program may be revoked and the defendant may be sentenced
8or the prosecution continued as provided in the Unified Code
9of Corrections for the crime charged.
10    (d) The defendant shall execute a written agreement with
11the Court as to his or her participation in the program and
12shall agree to all of the terms and conditions of the program,
13including but not limited to the possibility of sanctions or
14incarceration for failing to abide or comply with the terms of
15the program.
16    (e) In addition to any conditions authorized under the
17Pretrial Services Act and Section 5-6-3 of the Unified Code of
18Corrections, the Court may order the defendant to complete
19substance use disorder abuse treatment in an outpatient,
20inpatient, residential, or jail-based custodial treatment
21program, order the defendant to complete mental health
22counseling in an inpatient or outpatient basis, comply with
23physicians' recommendation regarding medications and all
24follow up treatment for any mental health diagnosis made by
25the provider. Substance use treatment programs must be
26licensed by IDPH/SUPR and utilize evidence-based treatment.

 

 

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1When referring participants to mental health treatment
2programs, the court shall prioritize providers certified as
3community mental health or behavioral health centers as
4possible. The court shall prioritize the least restrictive
5treatment option when ordering mental health or substance use
6treatment for participants. The court may order jail-based
7custodial treatment if it finds that jail-based treatment is
8the least restrictive alternative based on evidence that
9efforts were made to locate less restrictive alternatives to
10secure confinement and the reasons why efforts were
11unsuccessful in locating a less restrictive alternative to
12jail-based custodial treatment. This treatment may include but
13is not limited to post-traumatic stress disorder, traumatic
14brain injury and depression.
15    (e-5) Recognizing that individuals struggling with mental
16health, addiction and related co-occurring disorders have
17often experienced trauma, veterans and servicemembers court
18programs may include specialized service programs specifically
19designed to address trauma. These specialized services may be
20offered to defendants admitted to the mental health court
21program. Judicial circuits establishing these specialized
22programs shall partner with advocates, survivors, and service
23providers in the development of the programs. Trauma-informed
24services and programming should be operated in accordance with
25best practices outlined by the Substance Abuse and Mental
26Health Service Administration's National Center for Trauma

 

 

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1Informed Care (SAMHSA).
2    (f) The Court may establish a mentorship program that
3provides access and support to program participants by peer
4recovery coaches. Courts shall be responsible to administer
5the mentorship program with the support of volunteer veterans
6and local veteran service organizations, including a VAC. Peer
7recovery coaches shall be trained and certified by the Court,
8a service provider utilized by the court for substance use or
9mental health treatment, or be a recovery support specialist
10certified by the State of Illinois. Peer recovery coaches
11shall be approved by the Court and complete orientation with
12the court team prior to being assigned to participants in the
13program.
14(Source: P.A. 99-314, eff. 8-7-15; 99-819, eff. 8-15-16.)
 
15    (730 ILCS 167/30)
16    Sec. 30. Mental health and substance use disorder abuse
17treatment.
18    (a) The Veterans and Servicemembers Court program may
19maintain a network of substance use abuse treatment programs
20representing a continuum of graduated substance use abuse
21treatment options commensurate with the needs of defendants;
22these shall include programs with the VA, IDVA, a VAC, the
23State of Illinois and community-based programs supported and
24sanctioned by either or both.
25    (b) Any substance use abuse treatment program to which

 

 

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1defendants are referred must be licensed by IDHS/SUPR, utilize
2evidence-based treatment, and deliver all services in
3accordance with the regulations contained meet all of the
4rules and governing programs in Parts 2030 and 2060 of Title 77
5of the Illinois Administrative Code.
6    (c) The Veterans and Servicemembers Court program may, in
7its discretion, employ additional services or interventions,
8as it deems necessary on a case by case basis.
9    (d) The Veterans and Servicemembers Court program may
10maintain or collaborate with a network of mental health
11treatment programs and, if it is a co-occurring mental health
12and substance use disorder abuse court program, a network of
13substance use disorder abuse treatment programs representing a
14continuum of treatment options commensurate with the needs of
15the defendant and available resources including programs with
16the VA, the IDVA, a VAC, and the State of Illinois. When not
17utilizing mental health treatment or services available
18through the VA, IDVA or VAC, partnerships with providers
19certified as community mental health or behavioral health
20centers shall be prioritized as possible.
21(Source: P.A. 99-819, eff. 8-15-16.)
 
22    (730 ILCS 167/35)
23    Sec. 35. Violation; termination; discharge.
24    (a) If the Court finds from the evidence presented
25including but not limited to the reports or proffers of proof

 

 

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1from the Veterans and Servicemembers Court professionals that:
2        (1) the defendant is not performing satisfactorily in
3    the assigned program;
4        (2) the defendant is not benefitting from education,
5    treatment, or rehabilitation;
6        (3) the defendant has engaged in criminal conduct
7    rendering him or her unsuitable for the program; or
8        (4) the defendant has otherwise violated the terms and
9    conditions of the program or his or her sentence or is for
10    any reason unable to participate; the Court may impose
11    reasonable sanctions under prior written agreement of the
12    defendant, including but not limited to imprisonment or
13    dismissal of the defendant from the program and the Court
14    may reinstate criminal proceedings against him or her or
15    proceed under Section 5-6-4 of the Unified Code of
16    Corrections for a violation of probation, conditional
17    discharge, or supervision hearing.
18    (b) Upon successful completion of the terms and conditions
19of the program, the Court may dismiss the original charges
20against the defendant or successfully terminate the
21defendant's sentence or otherwise discharge him or her from
22any further proceedings against him or her in the original
23prosecution.
24    (c) Upon successful completion of the terms and conditions
25of the program, any State's Attorney in the county of
26conviction may move to vacate any convictions eligible for

 

 

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1sealing under the Criminal Identification Act. Defendants may
2immediately file petitions to expunge vacated convictions and
3the associated underlying records per the Criminal
4Identification Act. In cases where the State's Attorney moves
5to vacate a conviction, the State's Attorney may not object to
6expungement of that conviction or the underlying record.
7    (d) Veterans and servicemembers court programs may
8maintain or collaborate with a network of legal aid
9organizations that specialize in conviction relief to support
10participants navigating the expungement and sealing process.
11(Source: P.A. 96-924, eff. 6-14-10.)
 
12    (730 ILCS 167/40 new)
13    Sec. 40. Education seminars for judges. The Administrative
14Office of the Illinois Courts shall conduct education seminars
15for judges throughout the State on how to operate Veterans and
16Servicemembers Court Programs.
 
17    (730 ILCS 167/45 new)
18    Sec. 45. Education seminars for Veterans and
19Servicemembers Court prosecutors. Subject to appropriation,
20the Office of the State's Attorneys Appellate Prosecutor shall
21conduct mandatory education seminars on the subjects of
22substance use disorders, addiction and mental health, for all
23Veterans and Servicemembers Court prosecutors throughout the
24State.
 

 

 

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1    (730 ILCS 167/50 new)
2    Sec. 50. Education seminars for public defenders. Subject
3to appropriation, the Office of the State Appellate Defender
4shall conduct mandatory education seminars on the subjects of
5substance use disorders, addiction and mental health, for all
6public defenders and assistant public defenders practicing in
7Veterans and Servicemembers Courts throughout the State.
 
8    Section 15. The Mental Health Court Treatment Act is
9amended by changing Sections 5, 10, 20, 25, 30, and 35 and by
10adding Sections 45, 50, and 55 as follows:
 
11    (730 ILCS 168/5)
12    Sec. 5. Purposes. The General Assembly recognizes that a
13large percentage of criminal defendants have a diagnosable
14mental illness and that mental illnesses have a dramatic
15effect on the criminal justice system in the State of
16Illinois. The General Assembly also recognizes that mental
17illness and substance use disorders abuse problems co-occur in
18a substantial percentage of criminal defendants. There is a
19critical need for a criminal justice system program that will
20reduce the number of persons with mental illnesses and with
21co-occurring mental illness and substance use disorders abuse
22problems in the criminal justice system, reduce recidivism
23among persons with mental illness and with co-occurring mental

 

 

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1illness and substance use disorders abuse problems, provide
2appropriate treatment to persons with mental illnesses and
3co-occurring mental illness and substance use disorders abuse
4problems and reduce the incidence of crimes committed as a
5result of mental illnesses or co-occurring mental illness and
6substance use disorders abuse problems. It is the intent of
7the General Assembly to create specialized mental health
8courts with the necessary flexibility to meet the needs
9problems of criminal defendants with mental illnesses and
10co-occurring mental illness and substance use disorders abuse
11problems in the State of Illinois.
12(Source: P.A. 95-606, eff. 6-1-08.)
 
13    (730 ILCS 168/10)
14    Sec. 10. Definitions. As used in this Act:
15    "Mental health court", "mental health court program", or
16"program" means a structured judicial intervention process for
17mental health treatment of eligible defendants that brings
18together mental health professionals, local social programs,
19and intensive judicial monitoring.
20    "Mental health court professional" means a member of the
21mental health court team, including but not limited to a
22judge, prosecutor, defense attorney, probation officer,
23coordinator, treatment provider, or peer recovery coach.
24    "Pre-adjudicatory mental health court program" means a
25program that allows the defendant, with the consent of the

 

 

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1prosecution, to expedite the defendant's criminal case before
2conviction or before filing of a criminal case and requires
3successful completion of the mental health court program as
4part of the agreement.
5    "Post-adjudicatory mental health court program" means a
6program in which the defendant has admitted guilt or has been
7found guilty and agrees, along with the prosecution, to enter
8a mental health court program as part of the defendant's
9sentence.
10    "Combination mental health court program" means a mental
11health court program that includes a pre-adjudicatory mental
12health court program and a post-adjudicatory mental health
13court program.
14    "Co-occurring mental health and substance use abuse court
15program" means a program that includes persons with
16co-occurring mental illness and substance use disorder abuse
17problems. Such programs shall include professionals with
18training and experience in treating persons with substance use
19disorders abuse problems and mental illness.
20    "Clinical treatment plan" means an evidence-based,
21comprehensive, and individualized plan that defines the scope
22of treatment services to be delivered by a treatment provider.
23    "Validated clinical assessment" may include assessment
24tools required by public or private insurance.
25    "Peer recovery coach" means a mentor assigned to a
26defendant during participation in a mental health treatment

 

 

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1court program who has been trained by the court, a service
2provider utilized by the court for substance use or mental
3health treatment, or be a recovery support specialist
4certified by the State of Illinois. Peer recovery coaches
5should be individuals with lived experience and shall guide
6and mentor the participant to successfully complete assigned
7requirements and work to help facilitate participants'
8independence for continued success once the supports of the
9court are no longer available to them.
10(Source: P.A. 97-946, eff. 8-13-12.)
 
11    (730 ILCS 168/20)
12    Sec. 20. Eligibility.
13    (a) A defendant, who is eligible for probation based on
14the nature of the crime convicted of and in consideration of
15his or her criminal background, if any, may be admitted into a
16mental health court program only upon the agreement of the
17defendant and with the approval of the court.
18    (b) A defendant shall be excluded from a mental health
19court program if any one of the following applies:
20        (1) The crime is a crime of violence as set forth in
21    clause (3) of this subsection (b).
22        (2) The defendant does not demonstrate a willingness
23    to participate in a treatment program.
24        (3) The defendant has been convicted of a crime of
25    violence within the past 10 years excluding incarceration

 

 

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1    time. As used in this paragraph (3), "crime of violence"
2    means: first degree murder, second degree murder,
3    predatory criminal sexual assault of a child, aggravated
4    criminal sexual assault, criminal sexual assault, armed
5    robbery, aggravated arson, arson, aggravated kidnapping,
6    kidnapping, aggravated battery resulting in great bodily
7    harm or permanent disability, stalking, aggravated
8    stalking, or any offense involving the discharge of a
9    firearm.
10        (4) (Blank).
11        (5) The crime for which the defendant has been
12    convicted is non-probationable.
13        (6) The sentence imposed on the defendant, whether the
14    result of a plea or a finding of guilt, renders the
15    defendant ineligible for probation.
16    (c) A defendant charged with prostitution under Section
1711-14 of the Criminal Code of 2012 may be admitted into a
18mental health court program, if available in the jurisdiction
19and provided that the requirements in subsections (a) and (b)
20are satisfied. Mental health court programs may include
21specialized service programs specifically designed to address
22the trauma associated with prostitution and human trafficking,
23and may offer those specialized services to defendants
24admitted to the mental health court program. Judicial circuits
25establishing these specialized programs shall partner with
26prostitution and human trafficking advocates, survivors, and

 

 

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1service providers in the development of the programs.
2(Source: P.A. 100-426, eff. 1-1-18.)
 
3    (730 ILCS 168/25)
4    Sec. 25. Procedure.
5    (a) The court shall require an eligibility screening and
6an assessment of the defendant. The assessment shall include a
7validated clinical assessment. The clinical assessment shall
8include, but not be limited to, assessments of substance use
9disorder, mental and behavioral health needs. The clinical
10assessment shall be administered by a qualified clinician and
11used to inform any clinical treatment plans. Clinical
12treatment plans shall be developed, in part, upon the known
13availability of treatment resources available. Assessments for
14substance use disorder shall be conducted in accordance with
15the Illinois Department of Human Services/Division of
16Substance Use Prevention and Recovery (IDHS/SUPR) regulations
17contained in Part 2060 of Title 77 of the Illinois
18Administrative Code, and conducted by individuals who meet the
19IDHS/SUPR regulations for professional staff also contained
20within that Code. An assessment need not be ordered if the
21court finds a valid assessment related to the present charge
22pending against the defendant has been completed within the
23previous 60 days.
24    (b) The judge shall inform the defendant that if the
25defendant fails to meet the requirements of the mental health

 

 

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1court program, eligibility to participate in the program may
2be revoked and the defendant may be sentenced or the
3prosecution continued, as provided in the Unified Code of
4Corrections, for the crime charged.
5    (c) The defendant shall execute a written agreement as to
6his or her participation in the program and shall agree to all
7of the terms and conditions of the program, including but not
8limited to the possibility of sanctions or incarceration for
9failing to abide or comply with the terms of the program.
10    (d) In addition to any conditions authorized under the
11Pretrial Services Act and Section 5-6-3 of the Unified Code of
12Corrections, the court may order the defendant to complete
13mental health or substance use disorder abuse treatment in an
14outpatient, inpatient, residential, or jail-based custodial
15treatment program, order the defendant to complete mental
16health counseling in an inpatient or outpatient basis, comply
17with physicians' recommendation regarding medications and all
18follow up treatment for any mental health diagnosis made by
19the provider. Substance use disorder treatment programs must
20be licensed by IDHS/SUPR and utilize evidence-based treatment.
21When referring participants to mental health treatment
22programs, the court shall prioritize providers certified as
23community mental health or behavioral health centers as
24possible. The court shall prioritize the least restrictive
25treatment option when ordering mental health or substance use
26treatment for participants. The court may order jail-based

 

 

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1custodial treatment if it finds that jail-based treatment is
2the least restrictive alternative based on evidence that
3efforts were made to locate less restrictive alternatives to
4secure confinement and the reasons why efforts were
5unsuccessful in locating a less restrictive alternative to
6jail-based custodial treatment. Any period of time a defendant
7shall serve in a jail-based treatment program may not be
8reduced by the accumulation of good time or other credits and
9may be for a period of up to 120 days.
10    (e) The mental health court program may include a regimen
11of graduated requirements and rewards and sanctions, including
12but not limited to: fines, fees, costs, restitution,
13incarceration of up to 180 days, individual and group therapy,
14medication, drug analysis testing, close monitoring by the
15court and supervision of progress, educational or vocational
16counseling as appropriate and other requirements necessary to
17fulfill the mental health court program.
18    (f) The Mental Health Court program may maintain or
19collaborate with a network of mental health treatment programs
20and, if it is a co-occurring mental health and substance use
21court program, a network of substance use treatment programs
22representing a continuum of treatment options commensurate
23with the needs of the defendant and available resources
24including programs with the State of Illinois.
25    (g) Recognizing that individuals struggling with mental
26health, addiction and related co-occurring disorders have

 

 

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1often experienced trauma, mental health court programs may
2include specialized service programs specifically designed to
3address trauma. These specialized services may be offered to
4defendants admitted to the mental health court program.
5Judicial circuits establishing these specialized programs
6shall partner with service providers in the development of the
7programs. Trauma-informed services and programming should be
8operated in Accordance with best practices outlined by the
9Substance Abuse and Mental Health Service Administration's
10National Center for Trauma Informed Care (SAMHSA).
11    (h) The Court may establish a mentorship program that
12provides access and support to program participants by peer
13recovery coaches. Courts shall be responsible to administer
14the mentorship program with the support of mentors and local
15mental health and IDHS/SUPR licensed substance use disorder
16treatment organizations. Peer recovery coaches shall be
17trained by the court, a service provider utilized by the court
18for substance use or mental health treatment, or be a recovery
19support specialist certified by the State of Illinois. Peer
20recovery coaches shall be approved by the Court and complete
21orientation with the court team prior to being assigned to
22participants in the program.
23(Source: P.A. 95-606, eff. 6-1-08.)
 
24    (730 ILCS 168/30)
25    Sec. 30. Mental health and substance use abuse treatment.

 

 

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1    (a) The mental health court program may maintain or
2collaborate with a network of mental health treatment programs
3and, if it is a co-occurring mental health and substance use
4disorder abuse court program, a network of substance use abuse
5treatment programs representing a continuum of treatment
6options commensurate with the needs of defendants and
7available resources.
8    (b) Any substance use disorder abuse treatment program to
9which defendants are referred must be licensed by the State of
10Illinois as SUPR providers, utilize evidence-based treatment,
11and meet all of the rules and governing programs in Parts 2030
12and 2060 of Title 77 of the Illinois Administrative Code.
13    (c) The mental health court program may, at its
14discretion, employ additional services or interventions, as it
15deems necessary on a case by case basis.
16(Source: P.A. 95-606, eff. 6-1-08.)
 
17    (730 ILCS 168/35)
18    Sec. 35. Violation; termination; discharge.
19    (a) If the court finds from the evidence presented,
20including but not limited to the reports or proffers of proof
21from the mental health court professionals that:
22        (1) the defendant is not performing satisfactorily in
23    the assigned program;
24        (2) the defendant is not benefiting from education,
25    treatment, or rehabilitation;

 

 

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1        (3) the defendant has engaged in criminal conduct
2    rendering him or her unsuitable for the program; or
3        (4) the defendant has otherwise violated the terms and
4    conditions of the program or his or her sentence or is for
5    any reason unable to participate;
6the court may impose reasonable sanctions under prior written
7agreement of the defendant, including but not limited to
8imprisonment or dismissal of the defendant from the program;
9and the court may reinstate criminal proceedings against him
10or her or proceed under Section 5-6-4 of the Unified Code of
11Corrections for a violation of probation, conditional
12discharge, or supervision hearing. No defendant may be
13dismissed from the program unless, prior to such dismissal,
14the defendant is informed in writing: (i) of the reason or
15reasons for the dismissal; (ii) the evidentiary basis
16supporting the reason or reasons for the dismissal; (iii) that
17the defendant has a right to a hearing at which he or she may
18present evidence supporting his or her continuation in the
19program. Based upon the evidence presented, the court shall
20determine whether the defendant has violated the conditions of
21the program and whether the defendant should be dismissed from
22the program or whether some other alternative may be
23appropriate in the interests of the defendant and the public.
24    (b) Upon successful completion of the terms and conditions
25of the program, the court may dismiss the original charges
26against the defendant or successfully terminate the

 

 

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1defendant's sentence or otherwise discharge him or her from
2the program or from any further proceedings against him or her
3in the original prosecution.
4    (c) Upon successful completion of the terms and conditions
5of the program, any State's Attorney in the county of
6conviction may move to vacate any convictions eligible for
7sealing under the Criminal Identification Act. Defendants may
8immediately file petitions to expunge vacated convictions and
9the associated underlying records per the Criminal
10Identification Act. In cases where the State's Attorney moves
11to vacate a conviction, the State's Attorney may not object to
12expungement of that conviction or the underlying record.
13    (d) The mental health court program may maintain or
14collaborate with a network of legal aid organizations that
15specialize in conviction relief to support participants
16navigating the expungement and sealing process.
17(Source: P.A. 95-606, eff. 6-1-08.)
 
18    (730 ILCS 168/45 new)
19    Sec. 45. Education seminars for judges. The Administrative
20Office of the Illinois Courts shall conduct education seminars
21for judges throughout the State on how to operate Mental
22Health Court programs.
 
23    (730 ILCS 168/50 new)
24    Sec. 50. Education seminars for Mental Health Court

 

 

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1prosecutors. Subject to appropriation, the Office of the
2State's Attorneys Appellate Prosecutor shall conduct mandatory
3education seminars on the subjects of substance use disorder,
4addiction and mental health, for all prosecutors serving in
5Mental Health courts throughout the State.
 
6    (730 ILCS 168/55 new)
7    Sec. 55. Education seminars for public defenders. Subject
8to appropriation, the Office of the State Appellate Defender
9shall conduct mandatory education seminars on the subjects of
10substance use disorder, addiction, and mental health, for all
11public defenders and assistant public defenders practicing in
12Mental Health courts throughout the State.".