State of Illinois
92nd General Assembly
Legislation

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[ Engrossed ][ Enrolled ][ Senate Amendment 001 ]


92_SB0138

 
                                               LRB9203748RCcd

 1        AN ACT concerning drug treatment.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 1.   Short title. This Act may be  cited  as  the
 5    Drug Court Treatment Act.

 6        Section 5. Purposes. The General Assembly recognizes that
 7    the  use  and  abuse  of  drugs  has a dramatic effect on the
 8    criminal justice system in the State of Illinois. There is  a
 9    critical need for a criminal justice system program that will
10    reduce  the incidence of drug use, drug addiction, and crimes
11    committed as a result of drug use and drug addiction.  It  is
12    the intent of the General Assembly to create specialized drug
13    courts  with  the  necessary  flexibility  to  meet  the drug
14    problems in the State of Illinois.

15        Section 10. Definitions. As used in this Act:
16        "Drug court", "drug court program", or "program" means an
17    immediate and highly structured judicial intervention process
18    for substance abuse treatment  of  eligible  defendants  that
19    brings  together  substance abuse professionals, local social
20    programs, and intensive  judicial  monitoring  in  accordance
21    with  the  nationally  recommended  10 key components of drug
22    courts.
23        "Pre-adjudicatory drug court  program"  means  a  program
24    that   allows   the   defendant,  with  the  consent  of  the
25    prosecution, to expedite the defendant's criminal case before
26    conviction or before filing of a criminal case  and  requires
27    successful  completion  of  the drug court program as part of
28    the agreement.
29        "Post-adjudicatory drug court program" means a program in
30    which the defendant has admitted  guilt  or  has  been  found
 
                            -2-                LRB9203748RCcd
 1    guilty  and  agrees,  along  with the prosecution, to enter a
 2    drug court program as part of the defendant's sentence.
 3        "Combination drug  court  program"  means  a  drug  court
 4    program  that  includes a pre-adjudicatory drug court program
 5    and a post-adjudicatory drug court program.

 6        Section  15.  Authorization.  The  Chief  Judge  of  each
 7    judicial circuit may establish a drug court program including
 8    the format under which it operates under this Act.

 9        Section 20. Eligibility.
10        (a)  A defendant  may  be  admitted  into  a  drug  court
11    program  only  upon  the  agreement of the prosecutor and the
12    defendant and with the approval of the court.
13        (b)  A defendant shall be  excluded  from  a  drug  court
14    program if any of one of the following apply:
15             (1) The crime is a crime of violence as set forth in
16        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
20        willingness to participate in a treatment program.
21             (4)  The  defendant has been convicted of a crime of
22        violence within the past 10 years excluding incarceration
23        time, including but not limited to: first degree  murder,
24        second  degree  murder, predatory criminal sexual assault
25        of a child, aggravated criminal sexual assault,  criminal
26        sexual  assault,  armed robbery, aggravated arson, arson,
27        aggravated  kidnaping,  kidnaping,   aggravated   battery
28        resulting  in  great bodily harm or permanent disability,
29        stalking, aggravated stalking, or any  offense  involving
30        the discharge of a firearm.

31        Section 25. Procedure.
 
                            -3-                LRB9203748RCcd
 1        (a)  Upon agreement of the Chief Judge and the prosecutor
 2    that the defendant is addicted to or of using drugs including
 3    alcohol, the court shall order an assessment of the defendant
 4    by  an  agent  designated  by the State to provide assessment
 5    services for the Illinois Courts.
 6        (b)  The judge shall inform the  defendant  that  if  the
 7    defendant  fails  to  meet  the  conditions of the drug court
 8    program, eligibility to participate in  the  program  may  be
 9    revoked and the defendant may be sentenced as provided in the
10    Unified Code of Corrections for the crime charged.
11        (c)  The  defendant  shall execute a written agreement as
12    to his or her participation in the program and shall agree to
13    all of the terms and conditions of the program, including but
14    not limited to the possibility of sanctions or  incarceration
15    for failing to abide or comply with the terms of the program.
16        (d)  In  addition  to any conditions authorized under the
17    Pretrial Services Act and Section 5-6-3 of the  Unified  Code
18    of Corrections, the court may order the defendant to complete
19    substance   abuse  treatment  in  an  outpatient,  inpatient,
20    residential, or jail-based custodial treatment  program.  Any
21    period  of  time  a  defendant  shall  serve  in a jail-based
22    treatment program may not be reduced by the  accumulation  of
23    good  time  or other credits and may be for a period of up to
24    120 days.
25        (e)  The drug court program shall include  a  regimen  of
26    graduated  requirements  and rewards and sanctions, including
27    but  not  limited  to:  fines,  fees,   costs,   restitution,
28    incarceration,  individual  and  group therapy, drug analysis
29    testing, close monitoring  for  a  minimum  of  30  days  and
30    supervision of progress, educational or vocational counseling
31    as  appropriate,  and other requirements necessary to fulfill
32    the drug court program.

33        Section 30. Substance abuse treatment.
 
                            -4-                LRB9203748RCcd
 1        (a)  The drug court program shall maintain a  network  of
 2    substance  abuse  treatment programs representing a continuum
 3    of graduated substance abuse treatment  options  commensurate
 4    with the needs of defendants.
 5        (b)  Any  substance  abuse  treatment  program  to  which
 6    defendants  are  referred  must  meet  all  of  the rules and
 7    governing programs in Parts 2030 and 2060 of Title 77 of  the
 8    Illinois Administrative Code.
 9        (c)  The  drug  court  program  may,  at  its discretion,
10    employ additional services  or  interventions,  as  it  deems
11    necessary on a case by case basis.

12        Section 35. Violation; termination; discharge.
13        (a)  If the court finds that:
14             (1)  the  defendant is not performing satisfactorily
15        in the assigned program;
16             (2)  the   defendant   is   not   benefitting   from
17        education, treatment, or rehabilitation;
18             (3)  the defendant has engaged in  criminal  conduct
19        rendering him or her unsuitable for the program; or
20             (4)  the  defendant has otherwise violated the terms
21        and conditions of the program or his or her  sentence  or
22        is for any reason unable to participate;
23    the court may impose reasonable sanctions under prior written
24    agreement  of  the  defendant,  including  but not limited to
25    imprisonment or dismissal of the defendant from  the  program
26    and  the court may reinstate criminal proceedings against him
27    or her or proceed under Section 5-6-4 of the Unified Code  of
28    Corrections   for   a  violation  of  probation,  conditional
29    discharge, or supervision hearing.
30        (b)  Upon  successful  completion  of   the   terms   and
31    conditions of the program, the court may dismiss the original
32    charges  against  the defendant or successfully terminate the
33    defendant's sentence or otherwise discharge him or  her  from
 
                            -5-                LRB9203748RCcd
 1    any  further  proceedings  against him or her in the original
 2    prosecution.

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