Illinois General Assembly - Full Text of SB2565
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Full Text of SB2565  102nd General Assembly

SB2565enr 102ND GENERAL ASSEMBLY

  
  
  

 


 
SB2565 EnrolledLRB102 16553 KMF 21949 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 5, 10, 15, 20, 25, 30, 35, 40, 45, and 50 as
6follows:
 
7    (730 ILCS 166/5)
8    Sec. 5. Purposes. The General Assembly recognizes that
9individuals struggling with substance use disorders may come
10into contact with the criminal justice system and be charged
11with felony or misdemeanor offenses. The General Assembly also
12recognizes that substance use disorders and mental illness
13co-occur in a substantial percentage of criminal defendants
14the use and abuse of drugs has a dramatic effect on the
15criminal justice system in the State of Illinois. There is a
16critical need for the a criminal justice system to recognize
17individuals struggling with these issues, provide alternatives
18to incarceration to address substance use disorders when
19possible, and provide appropriate access to treatment and
20support to such individuals program that will reduce the
21incidence of drug use, drug addiction, and crimes committed as
22a result of drug use and drug addiction. It is the intent of
23the General Assembly to create specialized drug courts, in

 

 

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1accordance with evidence-based practices and the Illinois
2Supreme Court Problem-Solving Court Standards for addressing
3substance use and co-occurring disorders, with the necessary
4flexibility to meet the needs for an array of services and
5supports among participants in certified drug court programs
6the drug problems in the State of Illinois.
7(Source: P.A. 92-58, eff. 1-1-02.)
 
8    (730 ILCS 166/10)
9    Sec. 10. Definitions. As used in this Act:
10    "Certification" means the process by which a
11problem-solving court obtains approval from the Supreme Court
12to operate in accordance with the Problem-Solving Court
13Standards.
14    "Clinical treatment plan" means an evidence-based,
15comprehensive, and individualized plan that: (i) is developed
16by a qualified professional in accordance with the Department
17of Human Services substance use prevention and recovery rules
18under 77 Ill. Adm. Code 2060 or an equivalent standard in any
19state where treatment may take place; and (ii) defines the
20scope of treatment services to be delivered by a court
21treatment provider.
22    "Combination drug court program" means a type of
23problem-solving court that allows an individual to enter a
24problem-solving court before a plea, conviction, or
25disposition while also permitting an individual who has

 

 

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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

 

 

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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. an immediate and highly
17structured judicial intervention process for substance abuse
18treatment of eligible defendants that brings together
19substance abuse professionals, local social programs, and
20intensive judicial monitoring in accordance with the
21nationally recommended 10 key 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, or treatment
25provider, or peer recovery coach.
26    "Peer recovery coach" means a mentor assigned to a

 

 

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

 

 

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1    "Problem-Solving Court Standards" means the statewide
2standards adopted by the Supreme Court that set forth the
3minimum requirements for the planning, establishment,
4certification, operation, and evaluation of all
5problem-solving courts in this State.
6    "Validated clinical assessment" means a validated
7assessment tool administered by a qualified clinician to
8determine the treatment needs of participants. "Validated
9clinical assessment" includes assessment tools required by
10public or private insurance.
11    "Pre-adjudicatory drug court program" means a program that
12allows the defendant, with the consent of the prosecution, to
13expedite the defendant's criminal case before conviction or
14before filing of a criminal case and requires successful
15completion of the drug court program as part of the agreement.
16    "Post-adjudicatory drug court program" means a program in
17which the defendant has admitted guilt or has been found
18guilty and agrees, along with the prosecution, to enter a drug
19court program as part of the defendant's sentence.
20    "Combination drug court program" means a drug court
21program that includes a pre-adjudicatory drug court program
22and a post-adjudicatory drug court program.
23(Source: P.A. 97-946, eff. 8-13-12.)
 
24    (730 ILCS 166/15)
25    Sec. 15. Authorization.

 

 

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1    (a) The Chief Judge of each judicial circuit may must
2establish a drug court program in compliance with the
3Problem-Solving Court Standards. At the discretion of the
4Chief Judge, the drug court program may be operated in one or
5more counties of the circuit and allow defendants from all
6counties within the circuit to participate. Drug court
7programs must be certified by the Illinois Supreme Court
8including the format under which it operates under this Act.
9    (b) Whenever the county boards of 2 or more counties
10within the same judicial circuit shall determine that a single
11drug court program would best serve those counties, the county
12board of each such county may shall adopt a resolution to the
13effect that there shall be a single drug court program serving
14those counties, and shall provide a copy of the resolution to
15the Chief Judge of the judicial circuit. Upon receipt of such a
16resolution, those resolutions, the Chief Judge may shall
17establish or, in the case of an existing drug court program,
18reorganize re-organize a single drug court program to serve
19those counties.
20    (c) (Blank). Upon petition of the county board by the
21State's Attorney, the court may, for good cause shown of
22financial hardship or lack of necessary resources, enter an
23order delaying the implementation of the requirements of
24subsection (a) of this Section for an individual county, for a
25period not to exceed 2 years.
26(Source: P.A. 96-776, eff. 1-1-10.)
 

 

 

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1    (730 ILCS 166/20)
2    Sec. 20. Eligibility.
3    (a) A defendant may be admitted into a drug court program
4only upon the consent agreement of the defendant and with the
5approval of the court. A defendant agrees to be admitted when a
6written consent to participate is provided to the court in
7open court and the defendant acknowledges understanding its
8contents.
9    (a-5) Each drug court shall have a target population
10defined in its written policies and procedures. The policies
11and procedures shall define that court's eligibility and
12exclusionary criteria.
13    (b) A defendant shall be excluded from a drug court
14program if any of one of the following applies apply:
15        (1) The crime is a crime of violence as set forth in
16    paragraph clause (4) of this subsection (b).
17        (2) The defendant denies his or her use of or
18    addiction to drugs.
19        (3) The defendant does not demonstrate a willingness
20    to participate in a treatment program.
21        (4) The defendant has been convicted of a crime of
22    violence within the past 5 10 years excluding
23    incarceration time, parole, and periods of mandatory
24    supervised release. As used in this paragraph Section,
25    "crime of violence" means: first degree murder, second

 

 

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1    degree murder, predatory criminal sexual assault of a
2    child, aggravated criminal sexual assault, criminal sexual
3    assault, armed robbery, aggravated arson, arson,
4    aggravated kidnaping, kidnapping kidnaping, aggravated
5    battery resulting in great bodily harm or permanent
6    disability, aggravated domestic battery resulting in great
7    bodily harm or permanent disability, aggravated criminal
8    sexual abuse by a person in a position of trust or
9    authority over a child, stalking, aggravated stalking,
10    home invasion, aggravated vehicular hijacking, or any
11    offense involving the discharge of a firearm.
12        (5) The defendant is charged with a violation of
13    subparagraph (F) of paragraph (1) of subsection (d) of
14    Section 11-501 of the Illinois Vehicle Code in which an
15    individual is charged with aggravated driving under the
16    influence that resulted in the death of another person or
17    when the violation was a proximate cause of the death,
18    unless, pursuant to subparagraph (G) of paragraph (1) of
19    subsection (d) of Section 11-501 of the Illinois Vehicle
20    Code, the court determines that extraordinary
21    circumstances exist and require probation.
22    (c) Notwithstanding subsection (a), the defendant may be
23admitted into a drug court program only upon the agreement of
24the prosecutor if the defendant is charged with a Class 2 or
25greater felony violation of:
26        (1) Section 401, 401.1, 405, or 405.2 of the Illinois

 

 

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1    Controlled Substances Act;
2        (2) Section 5, 5.1, or 5.2 of the Cannabis Control
3    Act; or
4        (3) Section 15, 20, 25, 30, 35, 40, 45, 50, 55, 56, or
5    65 of the Methamphetamine Control and Community Protection
6    Act.
7the defendant is charged with a Class 2 or greater felony
8violation of:
9            (A) Section 401, 401.1, 405, or 405.2 of the
10        Illinois Controlled Substances Act;
11            (B) Section 5, 5.1, or 5.2 of the Cannabis Control
12        Act;
13            (C) Section 15, 20, 25, 30, 35, 40, 45, 50, 55, 56,
14        or 65 of the Methamphetamine Control and Community
15        Protection Act; or
16        (2) the defendant has previously, on 3 or more
17    occasions, either completed a drug court program, been
18    discharged from a drug court program, or been terminated
19    from a drug court program.
20(Source: P.A. 99-480, eff. 9-9-15.)
 
21    (730 ILCS 166/25)
22    Sec. 25. Procedure.
23    (a) A The court shall order an eligibility screening and
24clinical needs an assessment and risk assessment of the
25defendant shall be performed as required by the court's

 

 

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1policies and procedures prior to the defendant's admission
2into a drug court. The clinical needs assessment shall be
3conducted in accordance with the Department of Human Services
4substance use prevention and recovery rules under 77 Ill. Adm.
5Code 2060. The assessment shall include, but is not limited
6to, assessments of substance use and mental and behavioral
7health needs. The assessment shall be administered by
8individuals approved under the Department of Human Services
9substance use prevention and recovery rules for professional
10staff under 77 Ill. Adm. Code 2060 and used to inform any
11clinical treatment plans. Clinical treatment plans shall be
12developed in accordance with the Problem-Solving Court
13Standards and in part upon the known availability of treatment
14resources.
15    Any risk assessment shall be performed using an assessment
16tool approved by the Administrative Office of the Illinois
17Courts and as required by the court's policies and procedures.
18by an agent designated by the State of Illinois to provide
19assessment services for the Illinois Courts.
20     An assessment need not be ordered if the court finds a
21valid assessment related to the present charge pending against
22the defendant has been completed within the previous 60 days.
23    (b) The judge shall inform the defendant that if the
24defendant fails to meet the conditions of the drug court
25program, eligibility to participate in the program may be
26revoked and the defendant may be sentenced or the prosecution

 

 

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

 

 

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1results of clinical and risk assessments in accordance with
2the Problem-Solving Court Standards. defendant to complete
3substance abuse treatment in an outpatient, inpatient,
4residential, or jail-based custodial treatment program. Any
5period of time a defendant shall serve in a jail-based
6treatment program may not be reduced by the accumulation of
7good time or other credits and may be for a period of up to 120
8days.
9    (e) The drug court program shall include a regimen of
10graduated requirements, including and rewards and sanctions,
11including but not limited to: fines, fees, costs, restitution,
12incarceration of up to 180 days, individual and group therapy,
13substance drug analysis testing, close monitoring by the
14court, restitution, at a minimum of once every 30 days and
15supervision of progress, educational or vocational counseling
16as appropriate, and other requirements necessary to fulfill
17the drug court program. Program phases, therapeutic
18adjustments, incentives, and sanctions, including the use of
19jail sanctions, shall be administered in accordance with
20evidence-based practices and the Problem-Solving Court
21Standards. A participant's failure to pay program fines or
22fees shall not prevent the participant from advancing phases
23or successfully completing the program. If the participant
24defendant needs treatment for an opioid use disorder abuse or
25dependence, the court may not prohibit the participant
26defendant from participating in and receiving

 

 

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1medication-assisted medication assisted treatment under the
2care of a physician licensed in this State to practice
3medicine in all of its branches. Drug court participants may
4not be required to refrain from using medication-assisted
5medication assisted treatment as a term or condition of
6successful completion of the drug court program.
7    (f) Recognizing that individuals struggling with mental
8health, substance use, and related co-occurring disorders have
9often experienced trauma, drug court programs may include
10specialized service programs specifically designed to address
11trauma. These specialized services may be offered to
12individuals admitted to the drug court program. Judicial
13circuits establishing these specialized programs shall partner
14with advocates, survivors, and service providers in the
15development of the programs. Trauma-informed services and
16programming shall be operated in accordance with
17evidence-based best practices as outlined by the Substance
18Abuse and Mental Health Service Administration's National
19Center for Trauma-Informed Care.
20    (g) The court may establish a mentorship program that
21provides access and support to program participants by peer
22recovery coaches. Courts shall be responsible to administer
23the mentorship program with the support of mentors and local
24mental health and substance use disorder treatment
25organizations.
26(Source: P.A. 99-554, eff. 1-1-17.)
 

 

 

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1    (730 ILCS 166/30)
2    Sec. 30. Mental health and substance use disorder
3Substance abuse treatment.
4    (a) The drug court program shall maintain a network of
5substance use disorder abuse treatment programs representing a
6continuum of graduated substance use disorder abuse treatment
7options commensurate with the needs of the participant
8defendants.
9    (b) Any substance use disorder abuse treatment program to
10which participants defendants are referred must hold a valid
11license from the Department of Human Services Division of
12Substance Use Prevention and Recovery, use evidence-based
13treatment, and deliver all services in accordance with 77 Ill.
14Adm. Code 2060, including services available through the
15United States Department of Veterans Affairs, the Illinois
16Department of Veterans' Affairs, or Veterans Assistance
17Commission, or an equivalent standard in any other state where
18treatment may take place meet all of the rules and governing
19programs in Parts 2030 and 2060 of Title 77 of the Illinois
20Administrative Code.
21    (c) The drug court program may, at its discretion, employ
22additional services or interventions, as it deems necessary on
23a case by case basis.
24    (d) The drug court program may maintain or collaborate
25with a network of mental health treatment programs

 

 

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1representing a continuum of treatment options commensurate
2with the needs of the participant and available resources,
3including programs with the State and community-based programs
4supported and sanctioned by the State. Partnerships with
5providers certified as mental health or behavioral health
6centers shall be prioritized when possible.
7(Source: P.A. 92-58, eff. 1-1-02.)
 
8    (730 ILCS 166/35)
9    Sec. 35. Violation; termination; dismissal from program
10discharge.
11    (a) If the court finds from the evidence presented,
12including, but not limited to, the reports or proffers of
13proof from the drug court professionals, that: (1) the
14participant is not complying with the requirements of the
15treatment program; or (2) the participant has otherwise
16violated the terms and conditions of the program, the court
17may impose reasonable sanctions under the prior written
18agreement of the participant, including, but not limited to,
19imprisonment or dismissal of the participant from the program,
20and the court may reinstate criminal proceedings against the
21participant or proceed under Section 5-6-4 of the Unified Code
22of Corrections for a violation of probation, conditional
23discharge, or supervision hearing. If the court finds from the
24evidence presented including but not limited to the reports or
25proffers of proof from the drug court professionals that:

 

 

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1        (1) the defendant is not performing satisfactorily in
2    the assigned program;
3        (2) the defendant is not benefitting from education,
4    treatment, or rehabilitation;
5        (3) the defendant has engaged in criminal conduct
6    rendering him or her unsuitable for the program; or
7        (4) the defendant has otherwise violated the terms and
8    conditions of the program or his or her sentence or is for
9    any reason unable to participate;
10the court may impose reasonable sanctions under prior written
11agreement of the defendant, including but not limited to
12imprisonment or dismissal of the defendant from the program
13and the court may reinstate criminal proceedings against him
14or her or proceed under Section 5-6-4 of the Unified Code of
15Corrections for a violation of probation, conditional
16discharge, or supervision hearing.
17    (a-5) Based on the evidence presented, the court shall
18determine whether the participant has violated the conditions
19of the program and whether the participant should be dismissed
20from the program or whether, pursuant to the court's policies
21and procedures, some other alternative may be appropriate in
22the interests of the participant and the public.
23    (a-10) A participant defendant who is assigned to a
24substance use disorder abuse treatment program under this Act
25for an opioid use disorder abuse or dependence is not in
26violation of the terms or conditions of the program on the

 

 

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1basis of his or her participation in medication-assisted
2medication assisted treatment under the care of a physician
3licensed in this State to practice medicine in all of its
4branches.
5    (a-15) A participant may voluntarily withdraw from the
6drug court program in accordance with the drug court program's
7policies and procedures. Prior to allowing the participant to
8withdraw, the judge shall:
9        (1) ensure that the participant has the right to
10    consult with counsel prior to withdrawal;
11        (2) determine in open court that the withdrawal is
12    made voluntarily and knowingly; and
13        (3) admonish the participant in open court as to the
14    consequences, actual or potential, which can result from
15    withdrawal.
16    Upon withdrawal, the criminal proceedings may be
17reinstated against the participant or proceedings may be
18initiated under Section 5-6-4 of the Unified Code of
19Corrections for a violation of probation, conditional
20discharge, or supervision hearing.
21    (a-20) No participant may be dismissed from the program
22unless, prior to dismissal, the participant is informed in
23writing:
24        (1) of the reason or reasons for the dismissal;
25        (2) the evidentiary basis supporting the reason or
26    reasons for the dismissal; and

 

 

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1        (3) that the participant has a right to a hearing at
2    which the participant may present evidence supporting the
3    participant's continuation in the program.
4    (a-25) A participant who has not violated the conditions
5of the program in such a way as to warrant unsuccessful
6dismissal, but who is unable to complete program requirements
7to qualify for a successful discharge, may be terminated from
8the program as a neutral discharge.
9    (b) Upon successful completion of the terms and conditions
10of the program, the court may dismiss the original charges
11against the participant defendant or successfully terminate
12the participant's defendant's sentence or otherwise discharge
13the participant him or her from any further proceedings
14against the participant him or her in the original
15prosecution.
16    (c) Upon successful completion of the terms and conditions
17of the program, any State's Attorney in the county of
18conviction, participant, or defense attorney may move to
19vacate any convictions that are eligible for sealing under the
20Criminal Identification Act. A participant may immediately
21file a petition to expunge vacated convictions and the
22associated underlying records per the Criminal Identification
23Act. If the State's Attorney moves to vacate a conviction, the
24State's Attorney may not object to expungement of that
25conviction or the underlying record.
26    (d) The drug court program may maintain or collaborate

 

 

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1with a network of legal aid organizations that specialize in
2conviction relief to support participants navigating the
3expungement and sealing process.
4(Source: P.A. 99-554, eff. 1-1-17.)
 
5    (730 ILCS 166/40)
6    Sec. 40. Education seminars for judges. A judge assigned
7to preside over a drug treatment court shall have experience,
8training, and continuing education in topics including, but
9not limited to:
10    (1) criminal law;
11    (2) behavioral health;
12    (3) confidentiality;
13    (4) ethics;
14    (5) evidence-based practices;
15    (6) substance use disorders;
16    (7) mental illness;
17    (8) co-occurring disorders; and
18    (9) presiding over various types of problem-solving
19courts. The Administrative Office of the Illinois Courts shall
20conduct education seminars for judges throughout the State on
21how to operate drug court programs with a specific emphasis on
22cases involving the illegal possession of methamphetamine.
23(Source: P.A. 94-552, eff. 8-12-05.)
 
24    (730 ILCS 166/45)

 

 

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1    Sec. 45. Education seminars for drug court prosecutors.
2Subject to appropriation, the Office of the State's Attorneys
3Appellate Prosecutor shall conduct mandatory education
4seminars on the subjects of substance abuse and addiction for
5all drug court prosecutors throughout the State to ensure that
6the problem-solving court maintains fidelity to the
7problem-solving court model. Topics include, but are not
8limited to, evidence-based screening, assessment and treatment
9practices, target population, substance use disorders, mental
10illness, disability, co-occurring disorders, trauma,
11confidentiality, criminogenic risks and needs, incentives and
12sanctions, court processes, limited English proficiency, and
13team dynamics.
14(Source: P.A. 99-480, eff. 9-9-15.)
 
15    (730 ILCS 166/50)
16    Sec. 50. Education seminars for drug court public
17defenders. Subject to appropriation, the Office of the State
18Appellate Defender shall conduct mandatory education seminars
19on the subjects of substance abuse and addiction for all drug
20court public defenders and assistant public defenders
21practicing in drug courts throughout the State to ensure that
22the problem-solving court maintains fidelity to the
23problem-solving court model. Topics include, but are not
24limited to, evidence-based screening, assessment and treatment
25practices, target population, substance use disorders, mental

 

 

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1illness, disability, co-occurring disorders, trauma,
2confidentiality, criminogenic risks and needs, incentives and
3sanctions, court processes, limited English proficiency, and
4team dynamics.
5(Source: P.A. 99-480, eff. 9-9-15.)
 
6    Section 10. The Veterans and Servicemembers Court
7Treatment Act is amended by changing Sections 5, 10, 15, 20,
825, 30, and 35 and by adding Sections 40, 45, and 50 as
9follows:
 
10    (730 ILCS 167/5)
11    Sec. 5. Purposes. The General Assembly recognizes that
12veterans and active servicemembers, including , Reserve and
13National Guard servicemembers, have provided or are currently
14providing an invaluable service to our country. Some veterans
15and active duty servicemembers In so doing, some may suffer
16from the effects of their service, including, but not limited
17to, post-traumatic post traumatic stress disorder, traumatic
18brain injury, depression and may also suffer drug and alcohol
19dependency or addiction and co-occurring mental illness and
20substance use disorder abuse problems. As a result of this,
21some veterans or active duty servicemembers come into contact
22with the criminal justice system and are charged with felony
23or misdemeanor offenses. There is a critical need for the
24criminal justice system to recognize these veterans, provide

 

 

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1accountability for their wrongdoing, provide for the safety of
2the public, and provide for the treatment of such our
3veterans. It is the intent of the General Assembly to create
4specialized veteran and servicemember courts in accordance
5with evidence-based practices and Problem-Solving Court
6Standards for addressing substance use, mental health, and
7co-occurring disorders or programs with the necessary
8flexibility to meet the specialized needs for an array of
9services and supports among participants in certified veteran
10and servicemember court programs in the State problems faced
11by these veteran and servicemember defendants.
12(Source: P.A. 96-924, eff. 6-14-10.)
 
13    (730 ILCS 167/10)
14    Sec. 10. Definitions. In this Act:
15    "Certification" means the process by which a
16problem-solving court obtains approval from the Supreme Court
17to operate in accordance with the Problem-Solving Court
18Standards.
19    "Clinical treatment plan" means an evidence-based,
20comprehensive, and individualized plan that: (i) is developed
21by a qualified professional in accordance with the Department
22of Human Services substance use prevention and recovery rules
23under 77 Ill. Adm. Code 2060 or an equivalent standard in any
24state where treatment may take place; and (ii) defines the
25scope of treatment services to be delivered by a court

 

 

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1treatment provider.
2    "Combination Veterans and Servicemembers court program"
3means a type of problem-solving court that allows an
4individual to enter a problem-solving court before a plea,
5conviction, or disposition while also permitting an individual
6who has admitted guilt, or been found guilty, to enter a
7problem-solving court as a part of the individual's sentence
8or disposition. "Combination Veterans and Servicemembers Court
9program" means a court program that includes a
10pre-adjudicatory and a post-adjudicatory Veterans and
11Servicemembers court program.
12    "Community behavioral health center" means a physical site
13where behavioral healthcare services are provided in
14accordance with the Community Behavioral Health Center
15Infrastructure Act.
16    "Community mental health center" means an entity:
17        (1) licensed by the Department of Public Health as a
18    community mental health center in accordance with the
19    conditions of participation for community mental health
20    centers established by the Centers for Medicare and
21    Medicaid Services; and
22        (2) that provides outpatient services, including
23    specialized outpatient services, for individuals who are
24    chronically mental ill.
25    "Co-occurring mental health and substance use disorders
26court program" means a program that includes an individual

 

 

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1with co-occurring mental illness and substance use disorder
2diagnoses and professionals with training and experience in
3treating individuals with diagnoses of substance use disorder
4and mental illness.
5    "Court" means veterans and servicemembers court Veterans
6and Servicemembers Court.
7    "IDVA" means the Illinois Department of Veterans' Affairs.
8    "Peer recovery coach" means a volunteer veteran mentor as
9defined nationally by Justice for Vets and assigned to a
10veteran or servicemember during participation in a veteran
11treatment court program who has been approved by the court,
12and trained according to curriculum recommended by Justice for
13Vets, a service provider used by the court for substance use
14disorder or mental health treatment, a local service provider
15with an established peer recovery coach or mentor program not
16otherwise used by the court for treatment, or a Certified
17Recovery Support Specialist certified by the Illinois
18Certification Board. "Peer recovery coach" includes
19individuals with lived experiences of the issues the
20problem-solving court seeks to address, including, but not
21limited to, substance use disorder, mental illness, and
22co-occurring disorders or involvement with the criminal
23justice system. "Peer recovery coach" includes individuals
24required to guide and mentor the participant to successfully
25complete assigned requirements and to facilitate participants'
26independence for continued success once the supports of the

 

 

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1court are no longer available to them. and certified by the
2court to guide and mentor the participant to successfully
3complete the assigned requirements.
4    "Post-adjudicatory veterans and servicemembers court
5program Veterans and Servicemembers Court Program" means a
6program that allows a defendant who in which the defendant has
7admitted guilt or has been found guilty and agrees, with the
8defendant's consent, and the approval of the court, along with
9the prosecution, to enter a veterans and servicemembers court
10Veterans and Servicemembers Court program as part of the
11defendant's sentence or disposition.
12    "Pre-adjudicatory veterans and servicemembers court
13program Veterans and Servicemembers Court Program" means a
14program that allows the defendant, with the defendant's
15consent and the approval of the court, to enter the Veterans
16and Servicemembers Court program before plea, conviction, or
17disposition with the consent of the prosecution, to expedite
18the defendant's criminal case before conviction or before
19filing of a criminal case and requires successful completion
20of the Veterans and Servicemembers Court programs as part of
21the agreement.
22    "Problem-Solving Court Standards" means the statewide
23standards adopted by the Supreme Court that set forth the
24minimum requirements for the planning, establishment,
25certification, operation, and evaluation of all
26problem-solving courts in this State.

 

 

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1    "Servicemember" means a person who is currently serving in
2the Army, Air Force, Marines, Navy, or Coast Guard on active
3duty, reserve status or in the National Guard.
4    "VA" means the United States Department of Veterans'
5Affairs.
6    "VAC" means a veterans assistance commission.
7    "Validated clinical assessment" means a validated
8assessment tool administered by a qualified clinician to
9determine the treatment needs of participants. "Validated
10clinical assessment" includes assessment tools required by
11public or private insurance.
12    "Veteran" means a person who previously served as an in
13the active servicemember military, naval, or air service and
14who was discharged or released therefrom under conditions
15other than dishonorable.
16    "Veterans and servicemembers court Servicemembers Court
17professional" means a member of the veterans and
18servicemembers court Veterans and Servicemembers Court team,
19including, but not limited to, a judge, prosecutor, defense
20attorney, probation officer, coordinator, treatment provider,
21or peer recovery coach.
22    "Veterans and servicemembers court", "veterans and
23servicemembers court program", "court", or "program" means a
24specially designated court, court calendar, or docket
25facilitating intensive therapeutic treatment to monitor and
26assist veteran or servicemember participants with substance

 

 

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1use disorder, mental illness, co-occurring disorders, or other
2assessed treatment needs of eligible veteran and servicemember
3participants and in making positive lifestyle changes and
4reducing the rate of recidivism. Veterans and servicemembers
5court programs are nonadversarial in nature and bring
6Servicemembers Court" means a court or program with an
7immediate and highly structured judicial intervention process
8for substance abuse treatment, mental health, or other
9assessed treatment needs of eligible veteran and servicemember
10defendants that brings together substance use disorder abuse
11professionals, mental health professionals, VA professionals,
12local social programs, and intensive judicial monitoring in
13accordance with the nationally recommended 10 key components
14of veterans treatment courts and the Problem-Solving Court
15Standards. Common features of a veterans and servicemembers
16court program include, but are not limited to, a designated
17judge and staff; specialized intake and screening procedures;
18coordinated treatment procedures administered by a trained,
19multidisciplinary professional team; close evaluation of
20participants, including continued assessments and modification
21of the court requirements and use of sanctions, incentives,
22and therapeutic adjustments to address behavior; frequent
23judicial interaction with participants; less formal court
24process and procedures; voluntary participation; and a low
25treatment staff-to-client ratio drug courts.
26(Source: P.A. 99-314, eff. 8-7-15; 99-819, eff. 8-15-16.)
 

 

 

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1    (730 ILCS 167/15)
2    Sec. 15. Authorization.
3    (a) The Chief Judge of each judicial circuit may shall
4establish a veterans Veterans and servicemembers court
5Servicemembers Court program in compliance with the
6Problem-Solving Court Standards including a format under which
7it operates under this Act. The veterans Veterans and
8servicemembers court Servicemembers Court may, at the
9discretion of the Chief Judge, be a separate court or a program
10of a problem-solving court, including, but not limited to, a
11drug court, or mental health court, or a court for individuals
12with either substance use, mental health, or co-occurring
13disorders. At the discretion of the Chief Judge, the Veterans
14and Servicemembers Court program may be operated in one or
15more counties in the Circuit, and allow veteran and
16servicemember defendants from all counties within the Circuit
17to participate.
18    (b) Whenever the county boards of 2 or more counties
19within the same judicial circuit determine that a single
20veteran and servicemembers court program would best serve
21those counties, the county board of each such county may adopt
22a resolution to the effect that there shall be a single veteran
23and servicemembers court program serving those counties, and
24shall provide a copy of the resolution to the Chief Judge of
25the judicial circuit. Upon receipt of those resolutions, the

 

 

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1Chief Judge may establish or, in the case of an existing
2veteran and servicemembers court program, reorganize a single
3program to serve those counties.
4(Source: P.A. 99-807, eff. 1-1-18; 100-88, eff. 1-1-18.)
 
5    (730 ILCS 167/20)
6    Sec. 20. Eligibility. Veterans and servicemembers
7Servicemembers are eligible for veterans Veterans and
8servicemembers courts Servicemembers Courts, provided the
9following:
10    (a) A defendant, who is eligible for probation based on
11the nature of the crime convicted of and in consideration of
12his or her criminal background, if any, may be admitted into a
13Veterans and Servicemembers Court program before adjudication
14only upon the agreement of the defendant and with the approval
15of the Court. A defendant may be admitted into a veterans
16Veterans and servicemembers court Servicemembers Court program
17post-adjudication only upon the consent of the defendant and
18with the approval of the court. A defendant agrees to be
19admitted when a written consent to participate is provided to
20the court in open court and the defendant acknowledges
21understanding of its contents.
22    (a-5) Each veterans and servicemembers court shall have a
23target population defined in its written policies and
24procedures. The policies and procedures shall define that
25court's eligibility and exclusionary criteria.

 

 

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1    (b) A defendant shall be excluded from Veterans and
2Servicemembers Court program if any of one of the following
3applies:
4        (1) The crime is a crime of violence as set forth in
5    paragraph clause (3) of this subsection (b).
6        (2) The defendant does not demonstrate a willingness
7    to participate in a treatment program.
8        (3) The defendant has been convicted of a crime of
9    violence within the past 5 10 years excluding
10    incarceration time, parole, and periods of mandatory
11    supervised release. As used in this paragraph, "crime of
12    violence" means: , including first degree murder, second
13    degree murder, predatory criminal sexual assault of a
14    child, aggravated criminal sexual assault, criminal sexual
15    assault, armed robbery, aggravated arson, arson,
16    aggravated kidnapping and kidnapping, aggravated battery
17    resulting in great bodily harm or permanent disability,
18    aggravated domestic battery resulting in great bodily harm
19    or permanent disability, aggravated criminal sexual abuse
20    by a person in a position of trust or authority over a
21    child, stalking, aggravated stalking, home invasion,
22    aggravated vehicular hijacking, or any offense involving
23    the discharge of a firearm.
24        (4) The defendant is charged with a violation of
25    subparagraph (F) of paragraph (1) of subsection (d) of
26    Section 11-501 of the Illinois Vehicle Code in which an

 

 

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1    individual is charged with aggravated driving under the
2    influence that resulted in the death of another person or
3    when the violation was a proximate cause of the death,
4    unless, pursuant to subparagraph (G) of paragraph (1) of
5    subsection (d) of Section 11-501 of the Illinois Vehicle
6    Code, the court determines that extraordinary
7    circumstances exist and require probation. (Blank).
8        (5) (Blank).
9        (6)(Blank). The sentence imposed on the defendant,
10    whether the result of a plea or a finding of guilt, renders
11    the defendant ineligible for probation.
12    (c) Notwithstanding subsection (a), the defendant may be
13admitted into a veterans and servicemembers court program only
14upon the agreement of the prosecutor if the defendant is
15charged with a Class 2 or greater felony violation of:
16            (1) Section 401, 401.1, 405, or 405.2 of the
17        Illinois Controlled Substances Act;
18            (2) Section 5, 5.1, or 5.2 of the Cannabis Control
19        Act; or
20            (3) Section 15, 20, 25, 30, 35, 40, 45, 50, 55, 56,
21        or 65 of the Methamphetamine Control and Community
22        Protection Act.
23(Source: P.A. 100-426, eff. 1-1-18; 101-652, eff. 7-1-21.)
 
24    (730 ILCS 167/25)
25    Sec. 25. Procedure.

 

 

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1    (a) A The Court shall order the defendant to submit to an
2eligibility screening and clinical needs and an assessment and
3risk assessment of the defendant shall be performed as
4required by the court's policies and procedures prior to the
5defendant's admission into a veteran and servicemembers court.
6The assessment shall be conducted through the VA, VAC, and/or
7the IDVA to provide information on the defendant's veteran or
8servicemember status.
9    Any risk assessment shall be performed using an assessment
10tool approved by the Administrative Office of the Illinois
11Courts and as required by the court's policies and procedures.
12    (b) A The Court shall order the defendant to submit to an
13eligibility screening and mental health and substance use
14disorder drug/alcohol screening and assessment of the
15defendant shall be performed by the VA, VAC, or by the IDVA, or
16as otherwise outlined and as required by the court's policies
17and procedures to provide assessment services for Illinois
18Courts. The assessment shall include, but is not limited to,
19assessments of substance use and mental and behavioral health
20needs. The clinical needs assessment shall be administered by
21a qualified professional of the VA, VAC, or IDVA, or
22individuals who meet the Department of Human Services
23substance use prevention and recovery rules for professional
24staff under 77 Ill. Adm. Code 2060, or an equivalent standard
25in any other state where treatment may take place, and used to
26inform any clinical treatment plans. Clinical treatment plans

 

 

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1shall be developed, in accordance with the Problem-Solving
2Court Standards and a risks assessment and be based, in part,
3upon the known availability of treatment resources available
4to the veterans Veterans and servicemembers court
5Servicemembers Court. The assessment shall also include
6recommendations for treatment of the conditions which are
7indicating a need for treatment under the monitoring of the
8Court and be reflective of a level of risk assessed for the
9individual seeking admission. An assessment need not be
10ordered if the court Court finds a valid screening or and/or
11assessment related to the present charge pending against the
12defendant has been completed within the previous 60 days.
13    (c) The judge shall inform the defendant that if the
14defendant fails to meet the conditions of the veterans
15Veterans and servicemembers court Servicemembers 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    (d) The defendant shall execute a written agreement with
21the court Court as to the defendant's his or her participation
22in the program and shall agree to all of the terms and
23conditions of the program, including but not limited to the
24possibility of sanctions or incarceration for failing to abide
25or comply with the terms of the program.
26    (e) In addition to any conditions authorized under the

 

 

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1Pretrial Services Act and Section 5-6-3 of the Unified Code of
2Corrections, the court Court may order the participant to
3complete mental health counseling or substance use disorder
4treatment in an outpatient or residential treatment program
5and may order the participant to comply with physicians'
6recommendations regarding medications and all follow-up
7treatment for any mental health diagnosis made by the
8provider. Substance use disorder treatment programs must be
9licensed by the Department of Human Services in accordance
10with the Department of Human Services substance use prevention
11and recovery rules, or an equivalent standard in any other
12state where the treatment may take place, and use
13evidence-based treatment. When referring participants to
14mental health treatment programs, the court shall prioritize
15providers certified as community mental health or behavioral
16health centers if possible. The court shall consider the least
17restrictive treatment option when ordering mental health or
18substance use disorder treatment for participants and the
19results of clinical and risk assessments in accordance with
20the Problem-Solving Court Standards. defendant to complete
21substance abuse treatment in an outpatient, inpatient,
22residential, or jail-based custodial treatment program, order
23the defendant to complete mental health counseling in an
24inpatient or outpatient basis, comply with physicians'
25recommendation regarding medications and all follow up
26treatment. This treatment may include but is not limited to

 

 

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1post-traumatic stress disorder, traumatic brain injury and
2depression.
3    (e-5) The veterans and servicemembers court shall include
4a regimen of graduated requirements, including individual and
5group therapy, substance analysis testing, close monitoring by
6the court, supervision of progress, restitution, educational
7or vocational counseling as appropriate, and other
8requirements necessary to fulfill the veterans and
9servicemembers court program. Program phases, therapeutic
10adjustments, incentives, and sanctions, including the use of
11jail sanctions, shall be administered in accordance with
12evidence-based practices and the Problem-Solving Court
13Standards. If the participant needs treatment for an opioid
14use disorder or dependence, the court may not prohibit the
15participant from receiving medication-assisted treatment under
16the care of a physician licensed in this State to practice
17medicine in all of its branches. Veterans and servicemembers
18court participants may not be required to refrain from using
19medication-assisted treatment as a term or condition of
20successful completion of the veteran and servicemembers court
21program.
22    (e-10) Recognizing that individuals struggling with mental
23health, substance use, and related co-occurring disorders have
24often experienced trauma, veterans and servicemembers court
25programs may include specialized service programs specifically
26designed to address trauma. These specialized services may be

 

 

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1offered to individuals admitted to the veterans and
2servicemembers court program. Judicial circuits establishing
3these specialized programs shall partner with advocates,
4survivors, and service providers in the development of the
5programs. Trauma-informed services and programming shall be
6operated in accordance with evidence-based best practices as
7outlined by the Substance Abuse and Mental Health Service
8Administration's National Center for Trauma-Informed Care
9(SAMHSA).
10    (f) The Court may establish a mentorship program that
11provides access and support to program participants by peer
12recovery coaches. Courts shall be responsible to administer
13the mentorship program with the support of volunteer veterans
14and local veteran service organizations, including a VAC. Peer
15recovery coaches shall be trained and certified by the Court
16prior to being assigned to participants in the program.
17(Source: P.A. 99-314, eff. 8-7-15; 99-819, eff. 8-15-16.)
 
18    (730 ILCS 167/30)
19    Sec. 30. Mental health and substance use disorder abuse
20treatment.
21    (a) The veterans Veterans and servicemembers court
22Servicemembers Court program may maintain a network of
23substance use disorder abuse treatment programs representing a
24continuum of graduated substance use disorder abuse treatment
25options commensurate with the needs of participants

 

 

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1defendants; these shall include programs with the VA, IDVA, a
2VAC, the State, of Illinois and community-based programs
3supported and sanctioned by either or both.
4    (b) Any substance use disorder abuse treatment program to
5which participants defendants are referred must hold a valid
6license from the Department of Human Services Division of
7Substance Use Prevention and Recovery, use evidence-based
8treatment, and deliver all services in accordance with 77 Ill.
9Adm. code 2060, including services available through the VA,
10IDVA or VAC, or an equivalent standard in any other state where
11treatment may take place meet all of the rules and governing
12programs in Parts 2030 and 2060 of Title 77 of the Illinois
13Administrative Code.
14    (c) The veterans Veterans and servicemembers court
15Servicemembers Court program may, in its discretion, employ
16additional services or interventions, as it deems necessary on
17a case by case basis.
18    (d) The veterans Veterans and servicemembers court
19Servicemembers Court program may maintain or collaborate with
20a network of mental health treatment programs and, if it is a
21co-occurring mental health and substance use disorders abuse
22court program, a network of substance use disorder abuse
23treatment programs representing a continuum of treatment
24options commensurate with the needs of the participant
25defendant and available resources including programs with the
26VA, the IDVA, a VAC, and the State of Illinois. When not using

 

 

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1mental health treatment or services available through the VA,
2IDVA, or VAC, partnerships with providers certified as
3community mental health or behavioral health centers shall be
4prioritized, as possible.
5(Source: P.A. 99-819, eff. 8-15-16.)
 
6    (730 ILCS 167/35)
7    Sec. 35. Violation; termination; dismissal from the
8program discharge.
9    (a) If the court finds from the evidence presented,
10including, but not limited to, the reports or proffers of
11proof from the veterans and servicemembers court
12professionals, that: (1) the participant is not complying with
13the requirements of the treatment program; or (2) the
14participant has otherwise violated the terms and conditions of
15the program, the court may impose reasonable sanctions under
16the prior written agreement of the participant, including, but
17not limited to, imprisonment or dismissal of the participant
18from the program and the court may reinstate criminal
19proceedings against the participant or proceed under Section
205-6-4 of the Unified Code of Corrections for a violation of
21probation, conditional discharge, or supervision hearing. If
22the Court finds from the evidence presented including but not
23limited to the reports or proffers of proof from the Veterans
24and Servicemembers Court professionals that:
25        (1) the defendant is not performing satisfactorily in

 

 

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1    the assigned program;
2        (2) the defendant is not benefitting from education,
3    treatment, or rehabilitation;
4        (3) the defendant has engaged in criminal conduct
5    rendering him or her unsuitable for the program; or
6        (4) the defendant has otherwise violated the terms and
7    conditions of the program or his or her sentence or is for
8    any reason unable to participate; the Court may impose
9    reasonable sanctions under prior written agreement of the
10    defendant, including but not limited to imprisonment or
11    dismissal of the defendant from the program and the Court
12    may reinstate criminal proceedings against him or her or
13    proceed under Section 5-6-4 of the Unified Code of
14    Corrections for a violation of probation, conditional
15    discharge, or supervision hearing.
16    (a-5) Based on the evidence presented, the court shall
17determine whether the participant has violated the conditions
18of the program and whether the participant should be dismissed
19from the program or whether, pursuant to the court's policies
20and procedures, some other alternative may be appropriate in
21the interests of the participant and the public.
22    (a-10) A participant who is assigned to a substance use
23disorder treatment program under this Act for an opioid use
24disorder is not in violation of the terms or conditions of the
25program on the basis of participation in medication-assisted
26treatment under the care of a physician licensed in this State

 

 

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1to practice medicine in all of its branches.
2    (a-15) A participant may voluntarily withdraw from the
3veterans and servicemembers court program in accordance with
4the program's policies and procedures. Prior to allowing the
5participant to withdraw, the judge shall:
6            (1) ensure that the participant has the right to
7        consult with counsel prior to withdrawal;
8            (2) determine in open court that the withdrawal is
9        made voluntarily and knowingly; and
10            (3) admonish the participant in open court as to
11        the consequences, actual or potential, which can
12        result from withdrawal.
13    Upon withdrawal, the criminal proceedings may be
14reinstated against the participant or proceedings may be
15initiated under Section 5-6-4 of the Unified Code of
16Corrections for a violation of probation, conditional
17discharge, or supervision hearing.
18    (a-20) A participant who has not violated the conditions
19of the program in such a way as to warrant unsuccessful
20dismissal, but who is unable to complete program requirements
21to qualify for a successful discharge, may be terminated from
22the program as a neutral discharge.
23    (b) Upon successful completion of the terms and conditions
24of the program, the court Court may dismiss the original
25charges against the participant defendant or successfully
26terminate the participant's defendant's sentence or otherwise

 

 

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1discharge the participant him or her from any further
2proceedings against the participant him or her in the original
3prosecution.
4    (c) Upon successful completion of the terms and conditions
5of the program, any State's Attorney in the county of
6conviction, a participant, or defense attorney may move to
7vacate any convictions that are eligible for sealing under the
8Criminal Identification Act. A participant may immediately
9file a petition to expunge vacated convictions and the
10associated underlying records per the Criminal Identification
11Act. If the State's Attorney moves to vacate a conviction, the
12State's Attorney may not object to expungement of that
13conviction or the underlying record.
14    (d) Veterans and servicemembers court programs may
15maintain or collaborate with a network of legal aid
16organizations that specialize in conviction relief to support
17participants navigating the expungement and sealing process.
18(Source: P.A. 96-924, eff. 6-14-10.)
 
19    (730 ILCS 167/40 new)
20    Sec. 40. Education for judges. A judge assigned to preside
21over a veteran and servicemembers court shall have experience,
22training, and continuing education in topics including, but
23not limited to:
24        (1) criminal law;
25        (2) behavioral health;

 

 

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1        (3) confidently;
2        (4) ethics;
3        (5) evidence-based practices;
4        (6) substance use disorders;
5        (7) mental illness;
6        (8) co-occurring disorders; and
7        (9) presiding over various types of problem-solving
8    courts.
 
9    (730 ILCS 167/45 new)
10    Sec. 45. Education seminars for veterans and
11servicemembers court prosecutors. Subject to appropriation,
12the Office of the State's Attorneys Appellate Prosecutor shall
13conduct mandatory education seminars for all prosecutors
14serving in veterans and servicemembers courts throughout the
15State to ensure that the problem-solving court maintains
16fidelity to the problem-solving court model. Topics include,
17but are not limited to, evidence-based screening, assessment
18and treatment practices, target population, substance use
19disorders, mental illness, disability, co-occurring disorders,
20trauma, confidentiality, criminogenic risks and needs,
21incentives and sanctions, court processes, limited English
22proficiency, military culture and language, and team dynamics.
 
23    (730 ILCS 167/50 new)
24    Sec. 50. Education seminars for veteran and servicemembers

 

 

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1court public defenders. Subject to appropriation, the Office
2of the State Appellate Defender shall conduct mandatory
3education seminars for all public defenders and assistant
4public defenders practicing in veterans and servicemembers
5courts throughout the State to ensure that the problem-solving
6court maintains fidelity to the problem-solving court model.
7Topics include, but are not limited to, evidence-based
8screening, assessment and training practices, target
9population, substance use disorders, mental illness,
10disability, co-occurring disorders, trauma, confidentiality,
11criminogenic risks and needs, incentives and sanctions, court
12processes, limited English proficiency, military culture and
13language, and team dynamics.
 
14    Section 15. The Mental Health Court Treatment Act is
15amended by changing Sections 5, 10, 15, 20, 25, 30, and 35 and
16by adding Sections 41, 45, and 50 as follows:
 
17    (730 ILCS 168/5)
18    Sec. 5. Purposes. The General Assembly recognizes that
19individuals with diagnosable mental illness may come into
20contact with the criminal justice system and be charged with
21felony or misdemeanor offenses a large percentage of criminal
22defendants have a diagnosable mental illness and that mental
23illnesses have a dramatic effect on the criminal justice
24system in the State of Illinois. The General Assembly also

 

 

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1recognizes that mental illness and substance use disorders
2abuse problems co-occur in a substantial percentage of
3criminal defendants. There is a critical need for the a
4criminal justice system to recognize individuals struggling
5with these issues, provide alternatives to incarceration to
6address mental illness, and provide appropriate access to
7treatment and support to such individuals. program that will
8reduce the number of persons with mental illnesses and with
9co-occurring mental illness and substance abuse problems in
10the criminal justice system, reduce recidivism among persons
11with mental illness and with co-occurring mental illness and
12substance abuse problems, provide appropriate treatment to
13persons with mental illnesses and co-occurring mental illness
14and substance abuse problems and reduce the incidence of
15crimes committed as a result of mental illnesses or
16co-occurring mental illness and substance abuse problems. It
17is the intent of the General Assembly to create specialized
18mental health courts in accordance with evidence-based
19practices and Problem-Solving Court Standards for addressing
20substance use and co-occurring disorders with the necessary
21flexibility to meet the needs for an array of services and
22supports among participants in certified mental health court
23programs problems of criminal defendants with mental illnesses
24and co-occurring mental illness and substance abuse problems
25in the State of Illinois.
26(Source: P.A. 95-606, eff. 6-1-08.)
 

 

 

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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.

 

 

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1    "Community mental health center" means an entity:
2        (1) licensed by the Department of Public Health as a
3    community mental health center in accordance with the
4    conditions of participation for community mental health
5    centers established by the Centers for Medicare and
6    Medicaid Services; and
7        (2) that provides outpatient services, including
8    specialized outpatient services, for individuals who are
9    chronically mental ill.
10    "Co-occurring mental health and substance use disorders
11court program" means a program that includes an individual
12with co-occurring mental illness and substance use disorder
13diagnoses and professionals with training and experience in
14treating individuals with diagnoses of substance use disorder
15and mental illness.
16    "Mental health court", "mental health court program",
17"court", or "program" means a specially designated court,
18court calendar, or docket facilitating intensive therapeutic
19treatment to monitor and assist participants with mental
20illness in making positive lifestyle changes and reducing the
21rate of recidivism. Mental health court programs are
22nonadversarial in nature and bring together mental health
23professionals and local social programs in accordance with the
24Bureau of Justice Assistance and Council of State Governments
25Justice Center's Essential Elements of a Mental Health Court
26and the Problem-Solving Court Standards. Common features of a

 

 

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

 

 

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

 

 

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1assessment tool administered by a qualified clinician to
2determine the treatment needs of participants. "Validated
3clinical assessment" includes assessment tools required by
4public or private insurance.
5    "Pre-adjudicatory mental health court program" means a
6program that allows the defendant, with the consent of the
7prosecution, to expedite the defendant's criminal case before
8conviction or before filing of a criminal case and requires
9successful completion of the mental health court program as
10part of the agreement.
11    "Post-adjudicatory mental health court program" means a
12program in which the defendant has admitted guilt or has been
13found guilty and agrees, along with the prosecution, to enter
14a mental health court program as part of the defendant's
15sentence.
16    "Combination mental health court program" means a mental
17health court program that includes a pre-adjudicatory mental
18health court program and a post-adjudicatory mental health
19court program.
20    "Co-occurring mental health and substance abuse court
21program" means a program that includes persons with
22co-occurring mental illness and substance abuse problems. Such
23programs shall include professionals with training and
24experience in treating persons with substance abuse problems
25and mental illness.
26(Source: P.A. 97-946, eff. 8-13-12.)
 

 

 

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1    (730 ILCS 168/15)
2    Sec. 15. Authorization.
3    (a) The Chief Judge of each judicial circuit may establish
4a mental health court program, in compliance with the
5Problem-Solving Court Standards. At the discretion of the
6Chief Judge, the mental health court program may be operated
7in one or more counties of the circuit and allow defendants
8from all counties within the circuit to participate. Mental
9health court programs must be certified by the Supreme Court
10including the format under which it operates under this Act.
11    (b) Whenever the county boards of 2 or more counties
12within the same judicial circuit determine that a single
13mental health court program would best serve those counties,
14the county board of each such county may adopt a resolution to
15the effect that there shall be a single mental health court
16program serving those counties, and shall provide a copy of
17the resolution to the Chief Judge of the judicial circuit.
18Upon receipt of such a resolution, the Chief Judge may
19establish or, in the case of an existing mental health court
20program, reorganize a single mental health court program to
21serve these counties.
22(Source: P.A. 95-606, eff. 6-1-08.)
 
23    (730 ILCS 168/20)
24    Sec. 20. Eligibility.

 

 

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1    (a) A defendant, who is eligible for probation based on
2the nature of the crime convicted of and in consideration of
3his or her criminal background, if any, may be admitted into a
4mental health court program only upon the consent agreement of
5the defendant and with the approval of the court. A defendant
6agrees to be admitted when a written consent to participate is
7provided to the court in open court and the defendant
8acknowledges understanding its contents.
9    (a-5) Each mental health court shall have a target
10population defined in its written policies and procedures. The
11policies and procedures shall define that court's eligibility
12and exclusionary criteria.
13    (b) A defendant shall be excluded from a mental health
14court program if any one of the following applies:
15        (1) The crime is a crime of violence as set forth in
16    paragraph clause (3) of this subsection (b).
17        (2) The defendant does not demonstrate a willingness
18    to participate in a treatment program.
19        (3) The defendant has been convicted of a crime of
20    violence within the past 5 10 years excluding
21    incarceration time, parole, and periods of mandatory
22    supervised release. As used in this paragraph (3), "crime
23    of violence" means: first degree murder, second degree
24    murder, predatory criminal sexual assault of a child,
25    aggravated criminal sexual assault, criminal sexual
26    assault, armed robbery, aggravated arson, arson,

 

 

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1    aggravated kidnapping, kidnapping, aggravated battery
2    resulting in great bodily harm or permanent disability,
3    aggravated domestic battery resulting in great bodily harm
4    or permanent disability, aggravated criminal sexual abuse
5    by a person in a position of trust or authority over a
6    child, stalking, aggravated stalking, home invasion,
7    aggravated vehicular hijacking, or any offense involving
8    the discharge of a firearm.
9        (4) The defendant is charged with a violation of
10    subparagraph (F) of paragraph (1) of subsection (d) of
11    Section 11-501 of the Illinois Vehicle Code in which an
12    individual is charged with aggravated driving under the
13    influence that resulted in the death of another person or
14    when the violation was a proximate cause of the death,
15    unless, pursuant to subparagraph (G) of paragraph (1) of
16    subsection (d) of Section 11-501 of the Illinois Vehicle
17    Code, the court determines that extraordinary
18    circumstances exist and require probation. (Blank).
19        (5) (Blank).
20        (6) (Blank). The sentence imposed on the defendant,
21    whether the result of a plea or a finding of guilt, renders
22    the defendant ineligible for probation.
23    (c) Notwithstanding subsection (a), the defendant may be
24admitted into a mental health court program only upon the
25agreement of the prosecutor if the defendant is charged with a
26Class 2 or greater felony violation of:

 

 

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1        (1) Section 401, 401.1, 405, or 405.2 of the Illinois
2    Controlled Substances Act;
3        (2) Section 5, 5.1, or 5.2 of the Cannabis Control
4    Act; or
5        (3) Section 15, 20, 25, 30, 35, 40, 45, 50, 55, 56, or
6    65 of the Methamphetamine Control and Community Protection
7    Act.
8    A defendant charged with prostitution under Section 11-14
9of the Criminal Code of 2012 may be admitted into a mental
10health court program, if available in the jurisdiction and
11provided that the requirements in subsections (a) and (b) are
12satisfied. Mental health court programs may include
13specialized service programs specifically designed to address
14the trauma associated with prostitution and human trafficking,
15and may offer those specialized services to defendants
16admitted to the mental health court program. Judicial circuits
17establishing these specialized programs shall partner with
18prostitution and human trafficking advocates, survivors, and
19service providers in the development of the programs.
20(Source: P.A. 100-426, eff. 1-1-18; 101-652, eff. 7-1-21.)
 
21    (730 ILCS 168/25)
22    Sec. 25. Procedure.
23    (a) An The court shall require an eligibility screening
24and an assessment of the defendant shall be performed as
25required by the court's policies and procedures. The

 

 

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1assessment shall include a validated clinical assessment. The
2clinical assessment shall include, but is not limited to,
3assessments of substance use and mental and behavioral health
4needs. The clinical assessment shall be administered by a
5qualified professional and used to inform any clinical
6treatment plans. Clinical treatment plans shall be developed,
7in part, upon the known availability of treatment resources
8available. Assessments for substance use disorder shall be
9conducted in accordance with the Department of Human Services
10substance use prevention and recovery rules contained in 77
11Ill. Adm. Code 2060 or an equivalent standard in any other
12state where treatment may take place, and conducted by
13individuals who meet the Department of Human Services
14substance use prevention and recovery rules for professional
15staff also contained within that Code, or an equivalent
16standard in any other state where treatment may take place.
17The assessments shall be used to inform any clinical treatment
18plans. Clinical treatment plans shall be developed in
19accordance with Problem-Solving Court Standards and, in part,
20upon the known availability of treatment resources. An
21assessment need not be ordered if the court finds a valid
22assessment related to the present charge pending against the
23defendant has been completed within the previous 60 days.
24    (b) The judge shall inform the defendant that if the
25defendant fails to meet the conditions requirements of the
26mental health court program, eligibility to participate in the

 

 

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

 

 

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1substance use disorder treatment for participants and the
2results of clinical and risk assessments in accordance with
3the Problem-Solving Court Standards. defendant to complete
4mental health or substance abuse treatment in an outpatient,
5inpatient, residential, or jail-based custodial treatment
6program. Any period of time a defendant shall serve in a
7jail-based treatment program may not be reduced by the
8accumulation of good time or other credits and may be for a
9period of up to 120 days.
10    (e) The mental health court program shall may include a
11regimen of graduated requirements, including and rewards and
12sanctions, including but not limited to: fines, fees, costs,
13restitution, incarceration of up to 180 days, individual and
14group therapy, medication, substance drug analysis testing,
15close monitoring by the court, and supervision of progress,
16restitution, educational or vocational counseling as
17appropriate, and other requirements necessary to fulfill the
18mental health court program. Program phases, therapeutic
19adjustments, incentives, and sanctions, including the use of
20jail sanctions, shall be administered in accordance with
21evidence-based practices and the Problem-Solving Court
22Standards. A participant's failure to pay program fines or
23fees shall not prevent the participant from advancing phases
24or successfully completing the program. If the participant
25needs treatment for an opioid use disorder or dependence, the
26court may not prohibit the participant from receiving

 

 

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1medication-assisted treatment under the care of a physician
2licensed in this State to practice medicine in all of its
3branches. Mental health court participants may not be required
4to refrain from using medication-assisted treatment as a term
5or condition of successful completion of the mental health
6court program.
7    (f) The mental health court program may maintain or
8collaborate with a network of mental health treatment programs
9and, if it is a co-occurring mental health and substance use
10disorders court program, a network of substance use disorder
11treatment programs representing a continuum of treatment
12options commensurate with the needs of the participant and
13available resources, including programs of this State.
14    (g) Recognizing that individuals struggling with mental
15health, addiction, and related co-occurring disorders have
16often experienced trauma, mental health court programs may
17include specialized service programs specifically designed to
18address trauma. These specialized services may be offered to
19individuals admitted to the mental health court program.
20Judicial circuits establishing these specialized programs
21shall partner with advocates, survivors, and service providers
22in the development of the programs. Trauma-informed services
23and programming shall be operated in accordance with
24evidence-based best practices as outlined by the Substance
25Abuse and Mental Health Service Administration's National
26Center for Trauma-Informed Care.

 

 

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1    (h) The court may establish a mentorship program that
2provides access and support to program participants by peer
3recovery coaches. Courts shall be responsible to administer
4the mentorship program with the support of mentors and local
5mental health and substance use disorder treatment
6organizations.
7(Source: P.A. 95-606, eff. 6-1-08.)
 
8    (730 ILCS 168/30)
9    Sec. 30. Mental health and substance use disorder abuse
10treatment.
11    (a) The mental health court program may maintain or
12collaborate with a network of mental health treatment programs
13and, if it is a co-occurring mental health and substance use
14disorders abuse court program, a network of substance use
15disorder abuse treatment programs representing a continuum of
16treatment options commensurate with the needs of participants
17defendants and available resources.
18    (b) Any substance use disorder abuse treatment program to
19which participants defendants are referred must hold a valid
20license from the Department of Human Services Division of
21Substance Use Prevention and Recovery, use evidence-based
22treatment, and deliver all services in accordance with 77 Ill.
23Adm. Code 2060, including services available through the
24United States Department of Veterans Affairs, the Illinois
25Department of Veterans Affairs, or the Veterans Assistance

 

 

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1Commission, or an equivalent standard in any other state where
2treatment may take place meet all of the rules and governing
3programs in Parts 2030 and 2060 of Title 77 of the Illinois
4Administrative Code.
5    (c) The mental health court program may, at its
6discretion, employ additional services or interventions, as it
7deems necessary on a case by case basis.
8(Source: P.A. 95-606, eff. 6-1-08.)
 
9    (730 ILCS 168/35)
10    Sec. 35. Violation; termination; dismissal from program
11discharge.
12     (a) If the court finds from the evidence presented,
13including, but not limited to, the reports or proffers of
14proof from the mental health court professionals, that: (1)
15the participant is not complying with the requirements of the
16treatment program; or (2) the participant has otherwise
17violated the terms and conditions of the program, the court
18may impose reasonable sanctions under the prior written
19agreement of the participant, including, but not limited to,
20imprisonment or dismissal of the defendant from the program
21and the court may reinstate criminal proceedings against the
22participant or proceed under Section 5-6-4 of the Unified Code
23of Corrections for a violation of probation, conditional
24discharge, or supervision hearing. If the court finds from the
25evidence presented, including but not limited to the reports

 

 

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1or proffers of proof from the mental health court
2professionals that:
3        (1) the defendant is not performing satisfactorily in
4    the assigned program;
5        (2) the defendant is not benefiting from education,
6    treatment, or rehabilitation;
7        (3) the defendant has engaged in criminal conduct
8    rendering him or her unsuitable for the program; or
9        (4) the defendant has otherwise violated the terms and
10    conditions of the program or his or her sentence or is for
11    any reason unable to participate;
12the court may impose reasonable sanctions under prior written
13agreement of the defendant, including but not limited to
14imprisonment or dismissal of the defendant from the program;
15and the court may reinstate criminal proceedings against him
16or her or proceed under Section 5-6-4 of the Unified Code of
17Corrections for a violation of probation, conditional
18discharge, or supervision hearing.
19    (a-5) Based on the evidence presented, the court shall
20determine whether the participant has violated the conditions
21of the program and whether the participant should be dismissed
22from the program or whether, pursuant to the court's policies
23and procedures, some other alternative may be appropriate in
24the interests of the participant and the public.
25    (a-10) A participant may voluntarily withdraw from the
26mental health court program in accordance with the mental

 

 

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1health court program's policies and procedures. Prior to
2allowing the participant to withdraw, the judge shall:
3            (1) ensure that the participant has the right to
4        consult with counsel prior to withdrawal;
5            (2) determine in open court that the withdrawal is
6        made voluntarily and knowingly; and
7            (3) admonish the participant in open court, as to
8        the consequences, actual or potential, which can
9        result from withdrawal.
10    Upon withdrawal, the criminal proceedings may be
11reinstated against the participant or proceedings may be
12initiated under Section 5-6-4 of the Unified Code of
13Corrections for a violation of probation, conditional
14discharge, or supervision hearing.
15    (a-15) No participant defendant may be dismissed from the
16program unless, prior to such dismissal, the participant
17defendant is informed in writing: (i) of the reason or reasons
18for the dismissal; (ii) the evidentiary basis supporting the
19reason or reasons for the dismissal; (iii) that the
20participant defendant has a right to a hearing at which he or
21she may present evidence supporting his or her continuation in
22the program. Based upon the evidence presented, the court
23shall determine whether the defendant has violated the
24conditions of the program and whether the defendant should be
25dismissed from the program or whether some other alternative
26may be appropriate in the interests of the defendant and the

 

 

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1public.
2    (a-20) A participant who has not violated the conditions
3of the program in such a way as to warrant unsuccessful
4dismissal, but who is unable to complete program requirements
5to qualify for a successful discharge, may be terminated from
6the program as a neutral discharge.
7    (b) Upon successful completion of the terms and conditions
8of the program, the court may dismiss the original charges
9against the participant defendant or successfully terminate
10the participant's defendant's sentence or otherwise discharge
11the participant him or her from the program or from any further
12proceedings against the participant him or her in the original
13prosecution.
14    (c) Upon successful completion of the terms and conditions
15of the program, any State's Attorney in the county of
16conviction, a participant, or defense attorney may move to
17vacate any convictions that are eligible for sealing under the
18Criminal Identification Act. A participant may immediately
19file a petition to expunge vacated convictions and the
20associated underlying records per the Criminal Identification
21Act. If the State's Attorney moves to vacate a conviction, the
22State's Attorney may not object to expungement of that
23conviction or the underlying record.
24    (d) The mental health court program may maintain or
25collaborate with a network of legal aid organizations that
26specialize in conviction relief to support participants

 

 

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1navigating the expungement and sealing process.
2(Source: P.A. 95-606, eff. 6-1-08.)
 
3    (730 ILCS 168/41 new)
4    Sec. 41. Education seminars for judges. A judge assigned
5to preside over a mental health court shall have experience,
6training, and continuing education in topics including, but
7not limited to:
8        (1) criminal law;
9        (2) behavioral health;
10        (3) confidently;
11        (4) ethics;
12        (5) evidence-based practices;
13        (6) substance use disorders;
14        (7) mental illness;
15        (8) co-occurring disorders; and
16        (9) presiding over various types of problem-solving
17    courts.
 
18    (730 ILCS 168/45 new)
19    Sec. 45. Education seminars for mental health court
20prosecutors. Subject to appropriation, the Office of the
21State's Attorneys Appellate Prosecutor shall conduct mandatory
22education seminars for all prosecutors serving in mental
23health courts throughout the State to ensure that the
24problem-solving court maintains fidelity to the

 

 

SB2565 Enrolled- 65 -LRB102 16553 KMF 21949 b

1problem-solving court model. Topics include, but are not
2limited to, evidence-based screening, assessment and treatment
3practices, target population, substance use disorders, mental
4illness, disability, co-occurring disorders, trauma,
5confidentiality, criminogenic risks and needs, incentives and
6sanctions, court processes, limited English proficiency, and
7team dynamics.
 
8    (730 ILCS 168/50 new)
9    Sec. 50. Education seminars for mental health court public
10defenders. Subject to appropriation, the Office of the State
11Appellate Defender shall conduct mandatory education seminars
12for all public defenders and assistant public defenders
13practicing in mental health courts throughout the State to
14ensure that the problem-solving court maintains fidelity to
15the problem-solving court model. Topics include, but are not
16limited to, evidence-based screening, assessment and treatment
17practices, target population, substance use disorders, mental
18illness, disability, co-occurring disorders, trauma,
19confidentiality, criminogenic risks and needs, incentives and
20sanctions, court processes, limited English proficiency, and
21team dynamics.
 
22    (730 ILCS 168/40 rep.)
23    Section 20. The Mental Health Court Treatment Act is
24amended by repealing Section 40.
 

 

 

SB2565 Enrolled- 66 -LRB102 16553 KMF 21949 b

1    Section 99. Effective date. This Act takes effect upon
2becoming law.