103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB1346

 

Introduced 2/6/2023, by Sen. Karina Villa

 

SYNOPSIS AS INTRODUCED:
 
730 ILCS 166/10
730 ILCS 166/55 new
730 ILCS 167/10
730 ILCS 167/95 new
730 ILCS 168/10
730 ILCS 168/55 new

    Amends the Drug Court Treatment Act, the Veterans and Servicemembers Court Treatment Act, and the Mental Health Court Treatment Act. Provides that jurisdiction may be transferred from the sentencing court to the problem-solving court circuit in which the offender resides at the concurrence of both courts. Provides that the court to which jurisdiction has been transferred shall have the same powers as the sentencing court. Provides that the problem-solving court department within the circuit to which jurisdiction has been transferred may impose problem-solving court fees upon receiving the transferred offender. Provides that after the transfer all problem-solving court fees shall be paid to the problem-solving court department within the circuit to which jurisdiction has been transferred. Defines "problem-solving court" and "transferred".


LRB103 26069 RLC 52424 b

 

 

A BILL FOR

 

SB1346LRB103 26069 RLC 52424 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 Section 10 and by adding Section 55 as follows:
 
6    (730 ILCS 166/10)
7    Sec. 10. Definitions. As used in this Act:
8    "Certification" means the process by which a
9problem-solving court obtains approval from the Supreme Court
10to operate in accordance with the Problem-Solving Court
11Standards.
12    "Clinical treatment plan" means an evidence-based,
13comprehensive, and individualized plan that: (i) is developed
14by a qualified professional in accordance with the Department
15of Human Services substance use prevention and recovery rules
16under 77 Ill. Adm. Code 2060 or an equivalent standard in any
17state where treatment may take place; and (ii) defines the
18scope of treatment services to be delivered by a court
19treatment provider.
20    "Combination drug court program" means a type of
21problem-solving court that allows an individual to enter a
22problem-solving court before a plea, conviction, or
23disposition while also permitting an individual who has

 

 

SB1346- 2 -LRB103 26069 RLC 52424 b

1admitted guilt, or been found guilty, to enter a
2problem-solving court as a part of the individual's sentence
3or disposition.
4    "Community behavioral health center" means a physical site
5where behavioral healthcare services are provided in
6accordance with the Community Behavioral Health Center
7Infrastructure Act.
8    "Community mental health center" means an entity:
9        (1) licensed by the Department of Public Health as a
10    community mental health center in accordance with the
11    conditions of participation for community mental health
12    centers established by the Centers for Medicare and
13    Medicaid Services; and
14        (2) that provides outpatient services, including
15    specialized outpatient services, for individuals who are
16    chronically mental ill.
17    "Co-occurring mental health and substance use disorders
18court program" means a program that includes an individual
19with co-occurring mental illness and substance use disorder
20diagnoses and professionals with training and experience in
21treating individuals with diagnoses of substance use disorder
22and mental illness.
23    "Drug court", "drug court program", "court", or "program"
24means a specially designated court, court calendar, or docket
25facilitating intensive therapeutic treatment to monitor and
26assist participants with substance use disorders in making

 

 

SB1346- 3 -LRB103 26069 RLC 52424 b

1positive lifestyle changes and reducing the rate of
2recidivism. Drug court programs are nonadversarial in nature
3and bring together substance use disorder professionals, local
4social programs, and monitoring in accordance with the
5nationally recommended 10 key components of drug courts and
6the Problem-Solving Court Standards. Common features of a drug
7court program include, but are not limited to, a designated
8judge and staff; specialized intake and screening procedures;
9coordinated treatment procedures administered by a trained,
10multidisciplinary professional team; close evaluation of
11participants, including continued assessments and modification
12of the court requirements and use of sanctions, incentives,
13and therapeutic adjustments to address behavior; frequent
14judicial interaction with participants; less formal court
15process and procedures; voluntary participation; and a low
16treatment staff-to-client ratio.
17    "Drug court professional" means a member of the drug court
18team, including but not limited to a judge, prosecutor,
19defense attorney, probation officer, coordinator, or treatment
20provider.
21    "Peer recovery coach" means a mentor assigned to a
22defendant during participation in a drug treatment court
23program who has been trained by the court, a service provider
24used by the court for substance use disorder or mental health
25treatment, a local service provider with an established peer
26recovery coach or mentor program not otherwise used by the

 

 

SB1346- 4 -LRB103 26069 RLC 52424 b

1court for treatment, or a Certified Recovery Support
2Specialist certified by the Illinois Certification Board.
3"Peer recovery coach" includes individuals with lived
4experiences of the issues the problem-solving court seeks to
5address, including, but not limited to, substance use
6disorder, mental illness, and co-occurring disorders or
7involvement with the criminal justice system. "Peer recovery
8coach" includes individuals required to guide and mentor the
9participant to successfully complete assigned requirements and
10to facilitate participants' independence for continued success
11once the supports of the court are no longer available to them.
12    "Post-adjudicatory drug court program" means a program
13that allows an individual who has admitted guilt or has been
14found guilty, with the defendant's consent, and the approval
15of the court, to enter a drug court program as part of the
16defendant's sentence or disposition.
17    "Pre-adjudicatory drug court program" means a program that
18allows the defendant, with the defendant's consent and the
19approval of the court, to enter the drug court program before
20plea, conviction, or disposition and requires successful
21completion of the drug court program as part of the agreement.
22    "Problem-solving court" means any and all mental health
23court treatment, Veterans and Servicemembers Court treatment,
24and drug court treatment departments in a judicial circuit.
25    "Problem-Solving Court Standards" means the statewide
26standards adopted by the Supreme Court that set forth the

 

 

SB1346- 5 -LRB103 26069 RLC 52424 b

1minimum requirements for the planning, establishment,
2certification, operation, and evaluation of all
3problem-solving courts in this State.
4    "Transferred" means the transfer of any case in which an
5adult or juvenile offender seeks to have problem-solving court
6treatment transferred from one county to the county in this
7State in which the offender resides, and the transfer is
8approved by a judge.
9    "Validated clinical assessment" means a validated
10assessment tool administered by a qualified clinician to
11determine the treatment needs of participants. "Validated
12clinical assessment" includes assessment tools required by
13public or private insurance.
14(Source: P.A. 102-1041, eff. 6-2-22.)
 
15    (730 ILCS 166/55 new)
16    Sec. 55. Transfer. Jurisdiction may be transferred from
17the sentencing court to the problem-solving court circuit in
18which the offender resides at the concurrence of both courts.
19The court to which jurisdiction has been transferred shall
20have the same powers as the sentencing court. The
21problem-solving court department within the circuit to which
22jurisdiction has been transferred may impose problem-solving
23court fees upon receiving the transferred offender as defined
24in Section 10. After the transfer all problem-solving court
25fees shall be paid to the problem-solving court department

 

 

SB1346- 6 -LRB103 26069 RLC 52424 b

1within the circuit to which jurisdiction has been transferred.
 
2    Section 10. The Veterans and Servicemembers Court
3Treatment Act is amended by changing Section 10 and by adding
4Section 95 as follows:
 
5    (730 ILCS 167/10)
6    Sec. 10. Definitions. In this Act:
7    "Certification" means the process by which a
8problem-solving court obtains approval from the Supreme Court
9to operate in accordance with the Problem-Solving Court
10Standards.
11    "Clinical treatment plan" means an evidence-based,
12comprehensive, and individualized plan that: (i) is developed
13by a qualified professional in accordance with the Department
14of Human Services substance use prevention and recovery rules
15under 77 Ill. Adm. Code 2060 or an equivalent standard in any
16state where treatment may take place; and (ii) defines the
17scope of treatment services to be delivered by a court
18treatment provider.
19    "Combination Veterans and Servicemembers court program"
20means a type of problem-solving court that allows an
21individual to enter a problem-solving court before a plea,
22conviction, or disposition while also permitting an individual
23who has admitted guilt, or been found guilty, to enter a
24problem-solving court as a part of the individual's sentence

 

 

SB1346- 7 -LRB103 26069 RLC 52424 b

1or disposition.
2    "Community behavioral health center" means a physical site
3where behavioral healthcare services are provided in
4accordance with the Community Behavioral Health Center
5Infrastructure Act.
6    "Community mental health center" means an entity:
7        (1) licensed by the Department of Public Health as a
8    community mental health center in accordance with the
9    conditions of participation for community mental health
10    centers established by the Centers for Medicare and
11    Medicaid Services; and
12        (2) that provides outpatient services, including
13    specialized outpatient services, for individuals who are
14    chronically mental ill.
15    "Co-occurring mental health and substance use disorders
16court program" means a program that includes an individual
17with co-occurring mental illness and substance use disorder
18diagnoses and professionals with training and experience in
19treating individuals with diagnoses of substance use disorder
20and mental illness.
21    "Court" means veterans and servicemembers court.
22    "IDVA" means the Illinois Department of Veterans' Affairs.
23    "Peer recovery coach" means a veteran mentor as defined
24nationally by Justice for Vets and assigned to a veteran or
25servicemember during participation in a veteran treatment
26court program who has been approved by the court, and trained

 

 

SB1346- 8 -LRB103 26069 RLC 52424 b

1according to curriculum recommended by Justice for Vets, a
2service provider used by the court for substance use disorder
3or mental health treatment, a local service provider with an
4established peer recovery coach or mentor program not
5otherwise used by the court for treatment, or a Certified
6Recovery Support Specialist certified by the Illinois
7Certification Board. "Peer recovery coach" includes
8individuals with lived experiences of the issues the
9problem-solving court seeks to address, including, but not
10limited to, substance use disorder, mental illness, and
11co-occurring disorders or involvement with the criminal
12justice system. "Peer recovery coach" includes individuals
13required to guide and mentor the participant to successfully
14complete assigned requirements and to facilitate participants'
15independence for continued success once the supports of the
16court are no longer available to them.
17    "Post-adjudicatory veterans and servicemembers court
18program" means a program that allows a defendant who has
19admitted guilt or has been found guilty and agrees, with the
20defendant's consent, and the approval of the court, to enter a
21veterans and servicemembers court program as part of the
22defendant's sentence or disposition.
23    "Pre-adjudicatory veterans and servicemembers court
24program" means a program that allows the defendant, with the
25defendant's consent and the approval of the court, to enter
26the Veterans and Servicemembers Court program before plea,

 

 

SB1346- 9 -LRB103 26069 RLC 52424 b

1conviction, or disposition and requires successful completion
2of the Veterans and Servicemembers Court programs as part of
3the agreement.
4    "Problem-solving court" means any and all mental health
5court treatment, Veterans and Servicemembers Court treatment,
6and drug court treatment departments in a judicial circuit.
7    "Problem-Solving Court Standards" means the statewide
8standards adopted by the Supreme Court that set forth the
9minimum requirements for the planning, establishment,
10certification, operation, and evaluation of all
11problem-solving courts in this State.
12    "Servicemember" means a person who is currently serving in
13the Army, Air Force, Marines, Navy, or Coast Guard on active
14duty, reserve status or in the National Guard.
15    "Transferred" means the transfer of any case in which an
16adult or juvenile offender seeks to have problem-solving court
17treatment transferred from one county to the county in this
18State in which the offender resides, and the transfer is
19approved by a judge.
20    "VA" means the United States Department of Veterans'
21Affairs.
22    "VAC" means a veterans assistance commission.
23    "Validated clinical assessment" means a validated
24assessment tool administered by a qualified clinician to
25determine the treatment needs of participants. "Validated
26clinical assessment" includes assessment tools required by

 

 

SB1346- 10 -LRB103 26069 RLC 52424 b

1public or private insurance.
2    "Veteran" means a person who previously served as an
3active servicemember.
4    "Veterans and servicemembers court professional" means a
5member of the veterans and servicemembers court team,
6including, but not limited to, a judge, prosecutor, defense
7attorney, probation officer, coordinator, treatment provider.
8    "Veterans and servicemembers court", "veterans and
9servicemembers court program", "court", or "program" means a
10specially designated court, court calendar, or docket
11facilitating intensive therapeutic treatment to monitor and
12assist veteran or servicemember participants with substance
13use disorder, mental illness, co-occurring disorders, or other
14assessed treatment needs of eligible veteran and servicemember
15participants and in making positive lifestyle changes and
16reducing the rate of recidivism. Veterans and servicemembers
17court programs are nonadversarial in nature and bring together
18substance use disorder professionals, mental health
19professionals, VA professionals, local social programs, and
20intensive judicial monitoring in accordance with the
21nationally recommended 10 key components of veterans treatment
22courts and the Problem-Solving Court Standards. Common
23features of a veterans and servicemembers court program
24include, but are not limited to, a designated judge and staff;
25specialized intake and screening procedures; coordinated
26treatment procedures administered by a trained,

 

 

SB1346- 11 -LRB103 26069 RLC 52424 b

1multidisciplinary professional team; close evaluation of
2participants, including continued assessments and modification
3of the court requirements and use of sanctions, incentives,
4and therapeutic adjustments to address behavior; frequent
5judicial interaction with participants; less formal court
6process and procedures; voluntary participation; and a low
7treatment staff-to-client ratio.
8(Source: P.A. 102-1041, eff. 6-2-22.)
 
9    (730 ILCS 167/95 new)
10    Sec. 95. Transfers. Jurisdiction may be transferred from
11the sentencing court to the problem-solving court circuit in
12which the offender resides at the concurrence of both courts.
13The court to which jurisdiction has been transferred shall
14have the same powers as the sentencing court. The
15problem-solving court department within the circuit to which
16jurisdiction has been transferred may impose problem-solving
17court fees upon receiving the transferred offender as defined
18in Section 10. After the transfer all problem-solving court
19fees shall be paid to the problem-solving court department
20within the circuit to which jurisdiction has been transferred.
 
21    Section 15. The Mental Health Court Treatment Act is
22amended by changing Section 10 and by adding Section 55 as
23follows:
 

 

 

SB1346- 12 -LRB103 26069 RLC 52424 b

1    (730 ILCS 168/10)
2    Sec. 10. Definitions. As used in this Act:
3    "Certification" means the process by which a
4problem-solving court obtains approval from the Supreme Court
5to operate in accordance with the Problem-Solving Court
6Standards.
7    "Clinical treatment plan" means an evidence-based,
8comprehensive, and individualized plan that: (i) is developed
9by a qualified professional in accordance with Department of
10Human Services substance use prevention and recovery rules
11under 77 Ill. Adm. Code 2060 or an equivalent standard in any
12state where treatment may take place; and (ii) defines the
13scope of treatment services to be delivered by a court
14treatment provider.
15    "Combination mental health court program" means a type of
16problem-solving court that allows an individual to enter a
17problem-solving court before a plea, conviction, or
18disposition while also permitting an individual who has
19admitted guilt, or been found guilty, to enter a
20problem-solving court as a part of the individual's sentence
21or disposition.
22    "Community behavioral health center" means a physical site
23where behavioral healthcare services are provided in
24accordance with the Community Behavioral Health Center
25Infrastructure Act.
26    "Community mental health center" means an entity:

 

 

SB1346- 13 -LRB103 26069 RLC 52424 b

1        (1) licensed by the Department of Public Health as a
2    community mental health center in accordance with the
3    conditions of participation for community mental health
4    centers established by the Centers for Medicare and
5    Medicaid Services; and
6        (2) that provides outpatient services, including
7    specialized outpatient services, for individuals who are
8    chronically mental ill.
9    "Co-occurring mental health and substance use disorders
10court program" means a program that includes an individual
11with co-occurring mental illness and substance use disorder
12diagnoses and professionals with training and experience in
13treating individuals with diagnoses of substance use disorder
14and mental illness.
15    "Mental health court", "mental health court program",
16"court", or "program" means a specially designated court,
17court calendar, or docket facilitating intensive therapeutic
18treatment to monitor and assist participants with mental
19illness in making positive lifestyle changes and reducing the
20rate of recidivism. Mental health court programs are
21nonadversarial in nature and bring together mental health
22professionals and local social programs in accordance with the
23Bureau of Justice Assistance and Council of State Governments
24Justice Center's Essential Elements of a Mental Health Court
25and the Problem-Solving Court Standards. Common features of a
26mental health court program include, but are not limited to, a

 

 

SB1346- 14 -LRB103 26069 RLC 52424 b

1designated judge and staff; specialized intake and screening
2procedures; coordinated treatment procedures administered by a
3trained, multidisciplinary professional team; close evaluation
4of participants, including continued assessments and
5modification of the court requirements and use of sanctions,
6incentives, and therapeutic adjustments to address behavior;
7frequent judicial interaction with participants; less formal
8court process and procedures; voluntary participation; and a
9low treatment staff-to-client ratio.
10    "Mental health court professional" means a member of the
11mental health court team, including but not limited to a
12judge, prosecutor, defense attorney, probation officer,
13coordinator, or treatment provider.
14    "Peer recovery coach" means a mentor assigned to a
15defendant during participation in a mental health treatment
16court program who has been trained by the court, a service
17provider used by the court for substance use disorder or
18mental health treatment, a local service provider with an
19established peer recovery coach or mentor program not
20otherwise used by the court for treatment, or a Certified
21Recovery Support Specialist certified by the Illinois
22Certification Board. "Peer recovery coach" includes
23individuals with lived experiences of the issues the
24problem-solving court seeks to address, including, but not
25limited to, substance use disorder, mental illness, and
26co-occurring disorders or involvement with the criminal

 

 

SB1346- 15 -LRB103 26069 RLC 52424 b

1justice system. "Peer recovery coach" includes individuals
2required to guide and mentor the participant to successfully
3complete assigned requirements and to facilitate participants'
4independence for continued success once the supports of the
5court are no longer available to them.
6    "Post-adjudicatory mental health court program" means a
7program that allows an individual who has admitted guilt or
8has been found guilty, with the defendant's consent, and the
9approval of the court, to enter a mental health court program
10as part of the defendant's sentence or disposition.
11    "Pre-adjudicatory mental health court program" means a
12program that allows the defendant, with the defendant's
13consent and the approval of the court, to enter the mental
14health court program before plea, conviction, or disposition
15and requires successful completion of the mental health court
16program as part of the agreement.
17    "Problem-solving court" means any and all mental health
18court treatment, Veterans and Servicemembers Court treatment,
19and drug court treatment departments in a judicial circuit.
20    "Problem-Solving Court Standards" means the statewide
21standards adopted by the Supreme Court that set forth the
22minimum requirements for the planning, establishment,
23certification, operation, and evaluation of all
24problem-solving courts in this State.
25    "Transferred" means the transfer of any case in which an
26adult or juvenile offender seeks to have problem-solving court

 

 

SB1346- 16 -LRB103 26069 RLC 52424 b

1treatment transferred from one county to the county in this
2State in which the offender resides, and the transfer is
3approved by a judge.
4    "Validated clinical assessment" means a validated
5assessment tool administered by a qualified clinician to
6determine the treatment needs of participants. "Validated
7clinical assessment" includes assessment tools required by
8public or private insurance.
9(Source: P.A. 102-1041, eff. 6-2-22.)
 
10    (730 ILCS 168/55 new)
11    Sec. 55. Transfers. Jurisdiction may be transferred from
12the sentencing court to the problem-solving court circuit in
13which the offender resides at the concurrence of both courts.
14The court to which jurisdiction has been transferred shall
15have the same powers as the sentencing court. The
16problem-solving court department within the circuit to which
17jurisdiction has been transferred may impose problem-solving
18court fees upon receiving the transferred offender as defined
19in Section 10. After the transfer all problem-solving court
20fees shall be paid to the problem-solving court department
21within the circuit to which jurisdiction has been transferred.