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730 ILCS 168/35 (730 ILCS 168/35)
Sec. 35. Violation; termination; dismissal from program.
(a) If the court finds from the evidence presented, including, but not limited to, the reports or proffers of proof from the mental health court professionals, that: (1) the participant is not complying with the requirements of the treatment program; or (2) the participant has otherwise violated the terms and conditions of the program, the court may impose reasonable sanctions under the prior written agreement of the participant, including, but not limited to, imprisonment or dismissal of the defendant from the program and the court may reinstate criminal proceedings against the participant or proceed under Section 5-6-4 of the Unified Code of Corrections for a violation of probation, conditional discharge, or supervision hearing. (a-5) Based on the evidence presented, the court shall determine whether the participant has violated the conditions of the program and whether the participant should be dismissed from the program or whether, pursuant to the court's policies and procedures, some other alternative may be appropriate in the interests of the participant and the public. (a-10) A participant may voluntarily withdraw from the mental health court program in accordance with the mental health court program's policies and procedures. Prior to allowing the participant to withdraw, the judge shall: (1) ensure that the participant has the right to | | consult with counsel prior to withdrawal;
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| (2) determine in open court that the withdrawal is
| | made voluntarily and knowingly; and
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| (3) admonish the participant in open court, as to the
| | consequences, actual or potential, which can result from withdrawal.
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| Upon withdrawal, the criminal proceedings may be reinstated against the participant or proceedings may be initiated under Section 5-6-4 of the Unified Code of Corrections for a violation of probation, conditional discharge, or supervision hearing.
(a-15)
No participant may be dismissed from the program unless, prior to such dismissal, the participant is informed in writing: (i) of the reason or reasons for the dismissal; (ii) the evidentiary basis supporting the reason or reasons for the dismissal; (iii) that the participant has a right to a hearing at
which he or she may present evidence supporting his or her continuation in the program.
(a-20) A participant who has not violated the conditions of the program in such a way as to warrant unsuccessful dismissal, but who is unable to complete program requirements to qualify for a successful discharge, may be terminated from the program as a neutral discharge.
(b) Upon successful completion of the terms and conditions of the program, the court may dismiss the original charges against the participant or successfully terminate the participant's sentence or otherwise discharge the participant from the program or from any further proceedings against the participant in the original prosecution.
(c) Upon successful completion of the terms and conditions of the program, any State's Attorney in the county of conviction, a participant, or defense attorney may move to vacate any convictions that are eligible for sealing under the Criminal Identification Act. A participant may immediately file a petition to expunge vacated convictions and the associated underlying records per the Criminal Identification Act. If the State's Attorney moves to vacate a conviction, the State's Attorney may not object to expungement of that conviction or the underlying record.
(d) The mental health court program may maintain or collaborate with a network of legal aid organizations that specialize in conviction relief to support participants navigating the expungement and sealing process.
(Source: P.A. 102-1041, eff. 6-2-22.)
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