Full Text of SB3401 99th General Assembly
SB3401sam001 99TH GENERAL ASSEMBLY | Sen. Melinda Bush Filed: 4/14/2016
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| 1 | | AMENDMENT TO SENATE BILL 3401
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3401 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Veterans and Servicemembers Court
| 5 | | Treatment Act is amended by changing Sections 10, 25, and 30 as | 6 | | follows: | 7 | | (730 ILCS 167/10)
| 8 | | Sec. 10. Definitions. In this Act: | 9 | | "Combination Veterans and Servicemembers Court program" | 10 | | means a court program that
includes a pre-adjudicatory and a | 11 | | post-adjudicatory Veterans and Servicemembers court
program.
| 12 | | "Court" means Veterans and Servicemembers Court. | 13 | | "IDVA" means the Illinois Department of Veterans' Affairs. | 14 | | "Peer recovery coach" means a volunteer veteran mentor | 15 | | assigned to a veteran or servicemember during participation in | 16 | | a veteran treatment court program who has been trained and |
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| 1 | | certified by the court to guide and mentor the participant to | 2 | | successfully complete the assigned requirements. | 3 | | "Post-adjudicatory Veterans and Servicemembers Court | 4 | | Program" means a program in
which the defendant has admitted | 5 | | guilt or has been found guilty and agrees, along with the
| 6 | | prosecution, to enter a Veterans and Servicemembers Court | 7 | | program as part of the defendant's
sentence.
| 8 | | "Pre-adjudicatory Veterans and Servicemembers Court | 9 | | Program" means a program that
allows the defendant with the | 10 | | consent of the prosecution, to expedite the defendant's | 11 | | criminal
case before conviction or before filing of a criminal | 12 | | case and requires successful completion of
the Veterans and | 13 | | Servicemembers Court programs as part of the agreement.
| 14 | | "Servicemember" means a person who is currently serving in | 15 | | the Army, Air Force,
Marines, Navy, or Coast Guard on active | 16 | | duty, reserve status or in the National Guard.
| 17 | | "VA" means the United States Department of Veterans' | 18 | | Affairs. | 19 | | "VAC" means a veterans assistance commission. | 20 | | "Veteran" means a person who served in the active military, | 21 | | naval, or air service and who
was discharged or released | 22 | | therefrom under conditions other than dishonorable.
| 23 | | "Veterans and Servicemembers Court professional" means a | 24 | | member of the Veterans and
Servicemembers Court team, including | 25 | | but not limited to a judge, prosecutor, defense
attorney, | 26 | | probation officer, coordinator, treatment provider, or peer |
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| 1 | | recovery coach.
| 2 | | "Veterans and Servicemembers Court" means a court or | 3 | | program with an immediate and
highly structured judicial | 4 | | intervention process for substance abuse treatment, mental | 5 | | health, or
other assessed treatment needs of eligible veteran | 6 | | and servicemember defendants that brings
together substance | 7 | | abuse professionals, mental health professionals, VA | 8 | | professionals, local
social programs and intensive judicial | 9 | | monitoring in accordance with the nationally
recommended 10 key | 10 | | components of drug courts.
| 11 | | (Source: P.A. 99-314, eff. 8-7-15.) | 12 | | (730 ILCS 167/25)
| 13 | | Sec. 25. Procedure. | 14 | | (a) The Court shall order the defendant to submit to an | 15 | | eligibility screening and an
assessment through the VA , VAC, | 16 | | and/or the IDVA to provide information on the defendant's | 17 | | veteran
or servicemember status.
| 18 | | (b) The Court shall order the defendant to submit to an | 19 | | eligibility screening and mental
health and drug/alcohol | 20 | | screening and assessment of the defendant by the VA , VAC, or by | 21 | | the IDVA to
provide assessment services for Illinois Courts. | 22 | | The assessment shall include a risks
assessment and be based, | 23 | | in part, upon the known availability of treatment resources | 24 | | available to
the Veterans and Servicemembers Court. The | 25 | | assessment shall also include recommendations
for treatment of |
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| 1 | | the conditions which are indicating a need for treatment under | 2 | | the monitoring
of the Court and be reflective of a level of | 3 | | risk assessed for the individual seeking admission. An
| 4 | | assessment need not be ordered if the Court finds a valid | 5 | | screening and/or assessment related to
the present charge | 6 | | pending against the defendant has been completed within the | 7 | | previous 60
days.
| 8 | | (c) The judge shall inform the defendant that if the | 9 | | defendant fails to meet the conditions
of the Veterans and | 10 | | Servicemembers Court program, eligibility to participate in | 11 | | the program may
be revoked and the defendant may be sentenced | 12 | | or the prosecution continued as provided in the
Unified Code of | 13 | | Corrections for the crime charged.
| 14 | | (d) The defendant shall execute a written agreement with | 15 | | the Court as to his or her
participation in the program and | 16 | | shall agree to all of the terms and conditions of the program,
| 17 | | including but not limited to the possibility of sanctions or | 18 | | incarceration for failing to abide or
comply with the terms of | 19 | | the program.
| 20 | | (e) In addition to any conditions authorized under the | 21 | | Pretrial Services Act and Section 5-6-3 of the Unified Code of | 22 | | Corrections, the Court may order the defendant to complete | 23 | | substance
abuse treatment in an outpatient, inpatient, | 24 | | residential, or jail-based custodial treatment program,
order | 25 | | the defendant to complete mental health counseling in an | 26 | | inpatient or outpatient basis,
comply with physicians' |
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| 1 | | recommendation regarding medications and all follow up | 2 | | treatment.
This treatment may include but is not limited to | 3 | | post-traumatic stress disorder, traumatic brain
injury and | 4 | | depression.
| 5 | | (f) The Court may establish a mentorship program that | 6 | | provides access and support to program participants by peer | 7 | | recovery coaches. Courts shall be responsible to administer the | 8 | | mentorship program with the support of volunteer veterans and | 9 | | local veteran service organizations , including a VAC . Peer | 10 | | recovery coaches shall be trained and certified by the Court | 11 | | prior to being assigned to participants in the program. | 12 | | (Source: P.A. 99-314, eff. 8-7-15.) | 13 | | (730 ILCS 167/30)
| 14 | | Sec. 30. Mental health and substance abuse treatment. | 15 | | (a) The Veterans and Servicemembers Court program may | 16 | | maintain a network of
substance abuse treatment programs | 17 | | representing a continuum of graduated substance abuse
| 18 | | treatment options commensurate with the needs of defendants; | 19 | | these shall include programs with
the VA, IDVA, a VAC, the | 20 | | State of Illinois and community-based programs supported and | 21 | | sanctioned by
either or both.
| 22 | | (b) Any substance abuse treatment program to which | 23 | | defendants are referred must meet
all of the rules and | 24 | | governing programs in Parts 2030 and 2060 of Title 77 of the | 25 | | Illinois
Administrative Code.
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| 1 | | (c) The Veterans and Servicemembers Court program may, in | 2 | | its discretion, employ
additional services or interventions, | 3 | | as it deems necessary on a case by case basis.
| 4 | | (d) The Veterans and Servicemembers Court program may | 5 | | maintain or collaborate with a
network of mental health | 6 | | treatment programs and, if it is a co-occurring mental health | 7 | | and
substance abuse court program, a network of substance abuse | 8 | | treatment programs representing a
continuum of treatment | 9 | | options commensurate with the needs of the defendant and | 10 | | available
resources including programs with the VA, the IDVA , a | 11 | | VAC, and the State of Illinois.
| 12 | | (Source: P.A. 96-924, eff. 6-14-10.)
| 13 | | Section 99. Effective date. This Act takes effect upon | 14 | | becoming law.".
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