Bill Amendment: IL HB3850 | 2021-2022 | 102nd General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: TREATMENT COURT STATUTES
Status: 2022-05-09 - Rule 19(b) / Re-referred to Rules Committee [HB3850 Detail]
Download: Illinois-2021-HB3850-House_Amendment_001.html
Bill Title: TREATMENT COURT STATUTES
Status: 2022-05-09 - Rule 19(b) / Re-referred to Rules Committee [HB3850 Detail]
Download: Illinois-2021-HB3850-House_Amendment_001.html
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1 | AMENDMENT TO HOUSE BILL 3850
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2 | AMENDMENT NO. ______. Amend House Bill 3850 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Drug Court Treatment Act is amended by | ||||||
5 | changing Sections 5, 10, 25, 30, 35, 45, and 50 as follows:
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6 | (730 ILCS 166/5)
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7 | Sec. 5. Purposes. The General Assembly recognizes that | ||||||
8 | individuals struggling with drug and alcohol dependency or
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9 | addiction and substance use disorders may come into contact
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10 | with the criminal justice system and be charged with felony or
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11 | misdemeanor offenses. The General Assembly also recognizes
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12 | that substance use disorders and mental illness co-occur in a
| ||||||
13 | substantial percentage of criminal defendants. the use and
| ||||||
14 | abuse of drugs has a dramatic effect on the criminal justice | ||||||
15 | system in the
State
of Illinois. There is a critical need for | ||||||
16 | the criminal justice system to recognize individuals |
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1 | struggling
with these issues, provide alternatives to | ||||||
2 | incarceration to
address incidences a criminal justice system | ||||||
3 | program
that
will reduce the incidence of drug use, drug | ||||||
4 | addiction, and provide appropriate
access to treatment and | ||||||
5 | support to persons with substance use
disorders. crimes | ||||||
6 | committed as
a
result of drug use and drug addiction. It is the | ||||||
7 | intent of the General Assembly
to create specialized drug | ||||||
8 | courts , in accordance with national best practices,
for | ||||||
9 | addressing addiction and co-occurring disorders with the | ||||||
10 | necessary flexibility to meet the needs for an array of | ||||||
11 | services and
supports among participants in
drug court | ||||||
12 | programs problems in the State of Illinois.
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13 | (Source: P.A. 92-58, eff. 1-1-02.)
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14 | (730 ILCS 166/10)
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15 | Sec. 10. Definitions. As used in this Act:
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16 | "Drug court", "drug court program", or "program" means an | ||||||
17 | immediate and
highly
structured judicial intervention process | ||||||
18 | for substance use abuse treatment of
eligible defendants that | ||||||
19 | brings together substance use abuse professionals, local
| ||||||
20 | social programs, and intensive judicial monitoring in | ||||||
21 | accordance with the
nationally recommended 10 key components | ||||||
22 | of drug courts.
| ||||||
23 | "Drug court professional" means a member of the drug court | ||||||
24 | team, including but not limited to
a judge, prosecutor, | ||||||
25 | defense attorney,
probation officer, coordinator, licensed |
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| |||||||
1 | treatment provider, or peer recovery coach.
| ||||||
2 | "Pre-adjudicatory drug court program" means a program that | ||||||
3 | allows
the defendant,
with the consent of the prosecution, to | ||||||
4 | expedite the defendant's criminal case
before conviction or | ||||||
5 | before filing of a criminal case and requires successful
| ||||||
6 | completion of the drug court program as part of the agreement.
| ||||||
7 | "Post-adjudicatory drug court program" means a program in | ||||||
8 | which the
defendant has admitted
guilt
or has been found | ||||||
9 | guilty and agrees, along with the prosecution, to enter a
drug
| ||||||
10 | court program as part of the defendant's sentence.
| ||||||
11 | "Combination drug court program" means a drug court | ||||||
12 | program that includes a
pre-adjudicatory drug court program | ||||||
13 | and a post-adjudicatory drug court program.
| ||||||
14 | "Clinical treatment plan" means an evidence-based,
| ||||||
15 | comprehensive, and individualized plan that defines the scope | ||||||
16 | of
treatment services to be delivered by a court treatment | ||||||
17 | provider. | ||||||
18 | "Validated clinical assessment" may include assessment | ||||||
19 | tools
required by public or private insurance. | ||||||
20 | "Peer recovery coach" means a mentor assigned to a | ||||||
21 | defendant
during participation in a drug treatment court | ||||||
22 | program who has been
trained and certified by the court to | ||||||
23 | guide and mentor the participant
to successfully complete the | ||||||
24 | assigned requirements. Peer recovery
coaches should be | ||||||
25 | individuals with lived experience and shall work to
help | ||||||
26 | facilitate participants' independence for continued success
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1 | once the supports of the court are no longer available to them. | ||||||
2 | (Source: P.A. 97-946, eff. 8-13-12.)
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3 | (730 ILCS 166/25)
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4 | Sec. 25. Procedure.
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5 | (a) The court shall order an eligibility screening and an | ||||||
6 | assessment of the
defendant by an agent designated by the | ||||||
7 | State of Illinois to provide assessment
services for the | ||||||
8 | Illinois Courts. The assessment shall include a validated | ||||||
9 | clinical assessment.
The clinical assessment shall include, | ||||||
10 | but not be limited to,
assessments of substance use, mental | ||||||
11 | and behavioral health needs.
The clinical assessment shall be | ||||||
12 | administered by a qualified clinician
and used to inform any | ||||||
13 | clinical treatment plans. Clinical treatment
plans shall be | ||||||
14 | developed, in part, upon the known availability of
treatment | ||||||
15 | resources available. An assessment need not be ordered if the
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16 | court finds a valid assessment related to the present charge | ||||||
17 | pending against
the defendant has been completed within the | ||||||
18 | previous 60 days.
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19 | (b) The judge shall inform the defendant that if the | ||||||
20 | defendant fails to
meet the conditions of the drug court | ||||||
21 | program, eligibility to participate in
the
program may be | ||||||
22 | revoked and the defendant may be sentenced or the prosecution
| ||||||
23 | continued as provided in
the
Unified Code of Corrections for | ||||||
24 | the crime charged.
| ||||||
25 | (c) The defendant shall execute a written agreement as to |
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1 | his or her
participation in the program and shall agree to all | ||||||
2 | of the terms and conditions
of the program, including but not | ||||||
3 | limited to the possibility of sanctions or
incarceration for | ||||||
4 | failing to abide or comply with the terms of the program.
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5 | (d) In addition to any conditions authorized under the | ||||||
6 | Pretrial Services
Act and Section 5-6-3 of the Unified Code of | ||||||
7 | Corrections, the court may order
the defendant to complete | ||||||
8 | substance use abuse treatment in an outpatient,
inpatient,
| ||||||
9 | residential, or jail-based custodial treatment program , order | ||||||
10 | the defendant to
complete mental health counseling in an | ||||||
11 | inpatient or outpatient basis,
comply with physicians' | ||||||
12 | recommendation regarding medications and all
follow up | ||||||
13 | treatment for any mental health diagnosis made by the | ||||||
14 | provider.
Substance use treatment programs must be licensed by | ||||||
15 | the State of
Illinois as a Substance Use Prevention and | ||||||
16 | Recovery (SUPR) provider. When referring participants to | ||||||
17 | mental health treatment
programs, the court shall prioritize | ||||||
18 | providers certified as community
mental health or behavioral | ||||||
19 | health centers as possible. The court shall
prioritize the | ||||||
20 | least restrictive treatment option when ordering
mental health | ||||||
21 | or substance use treatment for participants. The
court may | ||||||
22 | order jail-based custodial treatment if it finds that
| ||||||
23 | jail-based treatment is the least restrictive alternative | ||||||
24 | based on
evidence that efforts were made to locate less | ||||||
25 | restrictive alternatives
to secure confinement and the reasons | ||||||
26 | why efforts were unsuccessful in
locating a less restrictive |
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1 | alternative to jail-based custodial treatment . Any period of | ||||||
2 | time a
defendant shall serve in a jail-based treatment program | ||||||
3 | may not be reduced by
the accumulation of good time or other | ||||||
4 | credits and may be for a period of up to
120 days.
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5 | (e) The drug court program shall include a regimen of | ||||||
6 | graduated
requirements and rewards and sanctions, including | ||||||
7 | but not limited to: fines,
fees, costs, restitution, | ||||||
8 | incarceration of up to 180 days, individual and group
therapy, | ||||||
9 | drug
analysis testing, close monitoring by the court at a | ||||||
10 | minimum of once every 30
days
and supervision of progress, | ||||||
11 | educational or vocational counseling as
appropriate, and other
| ||||||
12 | requirements necessary to fulfill the drug court program. If | ||||||
13 | the defendant needs treatment for opioid use abuse or | ||||||
14 | dependence, the court may not prohibit the defendant from | ||||||
15 | participating in and
receiving medication assisted treatment | ||||||
16 | under the care of
a physician licensed in this State to | ||||||
17 | practice medicine in all
of its branches. Drug court | ||||||
18 | participants may not be required to refrain from using | ||||||
19 | medication assisted treatment as a term or condition of | ||||||
20 | successful completion of the drug court program. | ||||||
21 | (f) Recognizing that individuals struggling with mental
| ||||||
22 | health, addiction, and related co-occurring disorders have | ||||||
23 | often
experienced trauma, drug court programs may include | ||||||
24 | specialized
service programs specifically designed to address | ||||||
25 | trauma. These
specialized services may be offered to | ||||||
26 | defendants admitted to the
drug court program. Judicial |
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1 | circuits establishing these specialized
programs shall partner | ||||||
2 | with advocates, survivors, and service providers
in the | ||||||
3 | development of the programs. Trauma-informed services and
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4 | programming should be operated in accordance with best | ||||||
5 | practices
outlined by the Substance Abuse and Mental Health | ||||||
6 | Service
Administration's National Center for Trauma Informed | ||||||
7 | Care (SAMHSA). | ||||||
8 | (g) The Court may establish a mentorship program that
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9 | provides access and support to program participants by peer
| ||||||
10 | recovery coaches. Courts shall be responsible to administer | ||||||
11 | the
mentorship program with the support of mentors and local | ||||||
12 | mental
health and substance use treatment organizations. Peer | ||||||
13 | recovery
coaches shall be trained by the court, a service | ||||||
14 | provider
utilized by the court for substance use or mental | ||||||
15 | health treatment, or
be a recovery support specialist | ||||||
16 | certified by the State of Illinois.
Peer recovery coaches | ||||||
17 | shall be approved by the Court and complete
orientation with | ||||||
18 | the court team prior to being assigned to participants
in the | ||||||
19 | program.
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20 | (Source: P.A. 99-554, eff. 1-1-17 .)
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21 | (730 ILCS 166/30)
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22 | Sec. 30. Mental health and substance use Substance abuse | ||||||
23 | treatment.
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24 | (a) The drug court program shall maintain a network of | ||||||
25 | substance use abuse
treatment programs representing a |
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1 | continuum of graduated substance use abuse
treatment options | ||||||
2 | commensurate with the needs of defendants.
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3 | (b) Any substance use abuse treatment program to which | ||||||
4 | defendants are referred
must be licensed by the State of | ||||||
5 | Illinois
as SUPR providers, meet all of the rules and | ||||||
6 | governing programs in
Parts 2030 and 2060 of Title 77 of the | ||||||
7 | Illinois Administrative Code.
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8 | (c) The drug court program may, at its discretion, employ | ||||||
9 | additional
services or
interventions, as it deems necessary on | ||||||
10 | a case by case basis. | ||||||
11 | (d) The drug court program may maintain or collaborate | ||||||
12 | with
a network of mental health treatment programs | ||||||
13 | representing a
continuum of treatment options commensurate | ||||||
14 | with the needs of the
defendant and available resources | ||||||
15 | including programs with the State
of Illinois and | ||||||
16 | community-based programs supported and sanctioned by
the State | ||||||
17 | of Illinois. Partnerships with providers certified as | ||||||
18 | community
mental health or behavioral health centers shall be | ||||||
19 | prioritized when
possible.
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20 | (Source: P.A. 92-58, eff. 1-1-02.)
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21 | (730 ILCS 166/35)
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22 | Sec. 35. Violation; termination; discharge.
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23 | (a) If the court finds from the evidence presented | ||||||
24 | including but not limited
to the reports or
proffers of proof | ||||||
25 | 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,
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4 | treatment, or rehabilitation;
| ||||||
5 | (3) the defendant has engaged in criminal
conduct
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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;
| ||||||
10 | the court may impose reasonable sanctions
under prior written | ||||||
11 | agreement of the defendant, including but not limited to
| ||||||
12 | imprisonment or dismissal of the defendant from the program | ||||||
13 | and the court may
reinstate
criminal proceedings against him | ||||||
14 | or her or proceed under Section 5-6-4 of the
Unified Code of | ||||||
15 | Corrections for a violation of probation,
conditional | ||||||
16 | discharge,
or supervision hearing. | ||||||
17 | (a-5) A defendant who is assigned to a substance use abuse | ||||||
18 | treatment program under this Act for opioid use abuse or | ||||||
19 | dependence is not in violation of the terms or conditions of | ||||||
20 | the program on the basis of his or her participation in | ||||||
21 | medication assisted treatment under the care of a physician | ||||||
22 | licensed in this State to practice medicine in all of its | ||||||
23 | branches.
| ||||||
24 | (b) Upon successful completion of the terms and conditions | ||||||
25 | of the program,
the
court may dismiss the original charges | ||||||
26 | against the defendant or successfully
terminate the |
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| |||||||
1 | defendant's sentence or otherwise discharge him or her from | ||||||
2 | any
further proceedings against the defendant him or her in | ||||||
3 | the original prosecution. | ||||||
4 | (c) Upon successful completion of the terms and conditions
| ||||||
5 | of the program, any State's Attorney in the county of | ||||||
6 | conviction
may move to vacate convictions held by the | ||||||
7 | defendant that are
eligible for sealing under the Criminal | ||||||
8 | Identification Act. Participants may immediately file | ||||||
9 | petitions to
expunge vacated convictions and the associated | ||||||
10 | underlying records
per the Criminal Identification Act. In | ||||||
11 | cases where the State's
Attorney moves to vacate a conviction, | ||||||
12 | they may not object to expungement
of that conviction or the | ||||||
13 | underlying record. | ||||||
14 | (d) The drug court program may maintain or collaborate | ||||||
15 | with
a network of legal aid organizations that specialize in | ||||||
16 | conviction
relief to support participants navigating the | ||||||
17 | expungement and sealing
process.
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18 | (Source: P.A. 99-554, eff. 1-1-17 .)
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19 | (730 ILCS 166/45) | ||||||
20 | Sec. 45. Education seminars for drug court prosecutors. | ||||||
21 | Subject to appropriation, the Office of the State's Attorneys | ||||||
22 | Appellate Prosecutor shall conduct mandatory education | ||||||
23 | seminars on the subjects of substance use disorder abuse and | ||||||
24 | addiction for all drug court prosecutors throughout the State.
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25 | (Source: P.A. 99-480, eff. 9-9-15.)
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1 | (730 ILCS 166/50) | ||||||
2 | Sec. 50. Education seminars for public defenders. Subject | ||||||
3 | to appropriation, the Office of the State Appellate Defender | ||||||
4 | shall conduct mandatory education seminars on the subjects of | ||||||
5 | substance use disorder abuse and addiction for all public | ||||||
6 | defenders and assistant public defenders practicing in drug | ||||||
7 | courts throughout the State.
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8 | (Source: P.A. 99-480, eff. 9-9-15.)
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9 | Section 10. The Veterans and Servicemembers Court
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10 | Treatment Act is amended by changing Sections 5, 10, 20, 25, | ||||||
11 | 30, and 35 and by adding Sections 40, 45, and 50 as follows:
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12 | (730 ILCS 167/5)
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13 | Sec. 5. Purposes. The General Assembly recognizes that | ||||||
14 | veterans and active, Reserve
and National Guard servicemembers | ||||||
15 | have provided or are currently providing an invaluable
service | ||||||
16 | to our country. In so doing, some may suffer the effects of, | ||||||
17 | including but not limited to,
post traumatic stress disorder, | ||||||
18 | traumatic brain injury, depression and may also suffer drug | ||||||
19 | and
alcohol dependency or addiction and co-occurring mental | ||||||
20 | illness and substance use disorders abuse problems .
As a | ||||||
21 | result of this, some veterans or active duty servicemembers | ||||||
22 | come into contact with the
criminal justice system and are | ||||||
23 | charged with felony or misdemeanor offenses. There is a |
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| |||||||
1 | critical
need for the criminal justice system to recognize | ||||||
2 | these veterans, provide accountability for their
wrongdoing, | ||||||
3 | provide for the safety of the public and provide for the | ||||||
4 | treatment of our veterans. It
is the intent of the General | ||||||
5 | Assembly to create specialized veteran and servicemember | ||||||
6 | courts or
programs with the necessary flexibility to meet the | ||||||
7 | specialized needs problems faced by these veteran
and | ||||||
8 | servicemember defendants.
| ||||||
9 | (Source: P.A. 96-924, eff. 6-14-10.)
| ||||||
10 | (730 ILCS 167/10)
| ||||||
11 | Sec. 10. Definitions. In this Act: | ||||||
12 | "Combination Veterans and Servicemembers Court program" | ||||||
13 | means a court program that
includes a pre-adjudicatory and a | ||||||
14 | post-adjudicatory Veterans and Servicemembers court
program.
| ||||||
15 | "Court" means Veterans and Servicemembers Court. | ||||||
16 | "IDVA" means the Illinois Department of Veterans' Affairs. | ||||||
17 | "Peer recovery coach" means a volunteer veteran mentor | ||||||
18 | assigned to a veteran or servicemember during participation in | ||||||
19 | a veteran treatment court program who has been trained and | ||||||
20 | certified by the court to guide and mentor the participant to | ||||||
21 | successfully complete the assigned requirements. Peer recovery
| ||||||
22 | coaches should be individuals with lived experience and shall | ||||||
23 | work
to help facilitate participants' independence for | ||||||
24 | continued success
once the supports of the court are no longer | ||||||
25 | available to them. |
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| |||||||
1 | "Post-adjudicatory Veterans and Servicemembers Court | ||||||
2 | Program" means a program in
which the defendant has admitted | ||||||
3 | guilt or has been found guilty and agrees, along with the
| ||||||
4 | prosecution, to enter a Veterans and Servicemembers Court | ||||||
5 | program as part of the defendant's
sentence.
| ||||||
6 | "Pre-adjudicatory Veterans and Servicemembers Court | ||||||
7 | Program" means a program that
allows the defendant with the | ||||||
8 | consent of the prosecution, to expedite the defendant's | ||||||
9 | criminal
case before conviction or before filing of a criminal | ||||||
10 | case and requires successful completion of
the Veterans and | ||||||
11 | Servicemembers Court programs as part of the agreement.
| ||||||
12 | "Servicemember" means a person who is currently serving in | ||||||
13 | the Army, Air Force,
Marines, Navy, or Coast Guard on active | ||||||
14 | duty, reserve status or in the National Guard.
| ||||||
15 | "VA" means the United States Department of Veterans' | ||||||
16 | Affairs. | ||||||
17 | "VAC" means a veterans assistance commission. | ||||||
18 | "Veteran" means a person who served in the active | ||||||
19 | military, naval, or air service and who
was discharged or | ||||||
20 | released therefrom under conditions other than dishonorable.
| ||||||
21 | "Veterans and Servicemembers Court professional" means a | ||||||
22 | member of the Veterans and
Servicemembers Court team, | ||||||
23 | including but not limited to a judge, prosecutor, defense
| ||||||
24 | attorney, probation officer, coordinator, treatment provider, | ||||||
25 | or peer recovery coach.
| ||||||
26 | "Veterans and Servicemembers Court" means a court or |
| |||||||
| |||||||
1 | program with an immediate and
highly structured judicial | ||||||
2 | intervention process for substance use abuse treatment, mental | ||||||
3 | health, or
other assessed treatment needs of eligible veteran | ||||||
4 | and servicemember defendants that brings
together substance | ||||||
5 | use abuse professionals, mental health professionals, VA | ||||||
6 | professionals, local
social programs and intensive judicial | ||||||
7 | monitoring in accordance with the nationally
recommended 10 | ||||||
8 | key components of drug courts.
| ||||||
9 | "Clinical treatment plan" means an evidence-based,
| ||||||
10 | comprehensive, and individualized plan that defines the scope | ||||||
11 | of
treatment services to be delivered by a treatment provider. | ||||||
12 | "Validated clinical assessment" may include assessment | ||||||
13 | tools
required by public or private insurance. | ||||||
14 | (Source: P.A. 99-314, eff. 8-7-15; 99-819, eff. 8-15-16.)
| ||||||
15 | (730 ILCS 167/25)
| ||||||
16 | Sec. 25. Procedure. | ||||||
17 | (a) The Court shall order the defendant to submit to an | ||||||
18 | eligibility screening and an
assessment through the VA, VAC, | ||||||
19 | and/or the IDVA to provide information on the defendant's | ||||||
20 | veteran
or servicemember status.
| ||||||
21 | (b) The Court shall order the defendant to submit to an | ||||||
22 | eligibility screening and mental
health and drug/alcohol | ||||||
23 | screening and assessment of the defendant by the VA, VAC, or by | ||||||
24 | the IDVA to
provide assessment services for Illinois Courts. | ||||||
25 | The assessment shall include a validated clinical assessment.
|
| |||||||
| |||||||
1 | The clinical assessment shall include, but not be limited to,
| ||||||
2 | assessments of substance use, mental and behavioral health | ||||||
3 | needs.
The clinical assessment shall be administered by a | ||||||
4 | qualified clinician
and used to inform any clinical treatment | ||||||
5 | plans. Clinical treatment
plans shall be developed risks
| ||||||
6 | assessment and be based , in part, upon the known availability | ||||||
7 | of treatment resources available to
the Veterans and | ||||||
8 | Servicemembers Court. The assessment shall also include | ||||||
9 | recommendations
for treatment of the conditions which are | ||||||
10 | indicating a need for treatment under the monitoring
of the | ||||||
11 | Court and be reflective of a level of risk assessed for the | ||||||
12 | individual seeking admission. An
assessment need not be | ||||||
13 | ordered if the Court finds a valid screening and/or assessment | ||||||
14 | related to
the present charge pending against the defendant | ||||||
15 | has been completed within the previous 60
days.
| ||||||
16 | (c) The judge shall inform the defendant that if the | ||||||
17 | defendant fails to meet the conditions
of the Veterans and | ||||||
18 | Servicemembers Court program, eligibility to participate in | ||||||
19 | the program may
be revoked and the defendant may be sentenced | ||||||
20 | or the prosecution continued as provided in the
Unified Code | ||||||
21 | of Corrections for the crime charged.
| ||||||
22 | (d) The defendant shall execute a written agreement with | ||||||
23 | the Court as to his or her
participation in the program and | ||||||
24 | shall agree to all of the terms and conditions of the program,
| ||||||
25 | including but not limited to the possibility of sanctions or | ||||||
26 | incarceration for failing to abide or
comply with the terms of |
| |||||||
| |||||||
1 | the program.
| ||||||
2 | (e) In addition to any conditions authorized under the | ||||||
3 | Pretrial Services Act and Section 5-6-3 of the Unified Code of | ||||||
4 | Corrections, the Court may order the defendant to complete | ||||||
5 | substance use
abuse treatment in an outpatient, inpatient, | ||||||
6 | residential, or jail-based custodial treatment program,
order | ||||||
7 | the defendant to complete mental health counseling in an | ||||||
8 | inpatient or outpatient basis,
comply with physicians' | ||||||
9 | recommendation regarding medications and all follow up | ||||||
10 | treatment for any mental health diagnosis made by the | ||||||
11 | provider .
Substance
use treatment programs must be licensed by | ||||||
12 | the State of Illinois
as a Substance Use Prevention and | ||||||
13 | Recovery (SUPR) provider. When
referring participants to | ||||||
14 | mental health treatment programs, the
court shall prioritize | ||||||
15 | providers certified as community mental
health or behavioral | ||||||
16 | health centers as possible. The court shall
prioritize the | ||||||
17 | least restrictive treatment option when ordering
mental health | ||||||
18 | or substance use treatment for participants. The
court may | ||||||
19 | order jail-based custodial treatment if it finds that
| ||||||
20 | jail-based treatment is the least restrictive alternative | ||||||
21 | based on
evidence that efforts were made to locate less | ||||||
22 | restrictive alternatives
to secure confinement and the reasons | ||||||
23 | why efforts were unsuccessful in
locating a less restrictive | ||||||
24 | alternative to jail-based custodial treatment. This treatment | ||||||
25 | may include but is not limited to post-traumatic stress | ||||||
26 | disorder, traumatic brain
injury and depression.
|
| |||||||
| |||||||
1 | (e-5) Recognizing that individuals struggling with
mental | ||||||
2 | health, addiction and related co-occurring disorders have
| ||||||
3 | often experienced trauma, veterans and servicemembers court | ||||||
4 | programs
may include specialized service programs specifically | ||||||
5 | designed to
address trauma. These specialized services may be | ||||||
6 | offered to defendants
admitted to the mental health court | ||||||
7 | program. Judicial circuits
establishing these specialized | ||||||
8 | programs shall partner with advocates,
survivors, and service | ||||||
9 | providers in the development of the programs.
Trauma-informed | ||||||
10 | services and programming should be operated in
accordance with | ||||||
11 | best practices outlined by the Substance Abuse
and Mental | ||||||
12 | Health Service Administration's National Center for Trauma
| ||||||
13 | Informed Care (SAMHSA).
| ||||||
14 | (f) The Court may establish a mentorship program that | ||||||
15 | provides access and support to program participants by peer | ||||||
16 | recovery coaches. Courts shall be responsible to administer | ||||||
17 | the mentorship program with the support of volunteer veterans | ||||||
18 | and local veteran service organizations, including a VAC. Peer | ||||||
19 | recovery coaches shall be trained and certified by the Court , | ||||||
20 | a service provider
utilized by the court for substance use or | ||||||
21 | mental health treatment, or
be a recovery support specialist | ||||||
22 | certified by the State of Illinois.
Peer recovery coaches | ||||||
23 | shall be approved by the Court and complete
orientation with | ||||||
24 | the court team prior to being assigned to participants in the | ||||||
25 | program. | ||||||
26 | (Source: P.A. 99-314, eff. 8-7-15; 99-819, eff. 8-15-16.)
|
| |||||||
| |||||||
1 | (730 ILCS 167/30)
| ||||||
2 | Sec. 30. Mental health and substance use abuse treatment. | ||||||
3 | (a) The Veterans and Servicemembers Court program may | ||||||
4 | maintain a network of
substance use abuse treatment programs | ||||||
5 | representing a continuum of graduated substance use abuse
| ||||||
6 | treatment options commensurate with the needs of defendants; | ||||||
7 | these shall include programs with
the VA, IDVA, a VAC, the | ||||||
8 | State of Illinois and community-based programs supported and | ||||||
9 | sanctioned by
either or both.
| ||||||
10 | (b) Any substance use abuse treatment program to which | ||||||
11 | defendants are referred must be licensed by the State of | ||||||
12 | Illinois
as SUPR providers, meet
all of the rules and | ||||||
13 | governing programs in Parts 2030 and 2060 of Title 77 of the | ||||||
14 | Illinois
Administrative Code.
| ||||||
15 | (c) The Veterans and Servicemembers Court program may, in | ||||||
16 | its discretion, employ
additional services or interventions, | ||||||
17 | as it deems necessary on a case by case basis.
| ||||||
18 | (d) The Veterans and Servicemembers Court program may | ||||||
19 | maintain or collaborate with a
network of mental health | ||||||
20 | treatment programs and, if it is a co-occurring mental health | ||||||
21 | and
substance use abuse court program, a network of substance | ||||||
22 | use abuse treatment programs representing a
continuum of | ||||||
23 | treatment options commensurate with the needs of the defendant | ||||||
24 | and available
resources including programs with the VA, the | ||||||
25 | IDVA, a VAC, and the State of Illinois.
When not utilizing |
| |||||||
| |||||||
1 | mental health treatment
or services available through the VA, | ||||||
2 | IDVA or VAC, partnerships
with providers certified as | ||||||
3 | community mental health or behavioral
health centers shall be | ||||||
4 | prioritized as possible.
| ||||||
5 | (Source: P.A. 99-819, eff. 8-15-16.)
| ||||||
6 | (730 ILCS 167/35)
| ||||||
7 | Sec. 35. Violation; termination; discharge. | ||||||
8 | (a) If the Court finds from the evidence presented | ||||||
9 | including but not limited to the reports
or proffers of proof | ||||||
10 | from the Veterans and Servicemembers Court professionals that:
| ||||||
11 | (1) the defendant is not performing satisfactorily in | ||||||
12 | the assigned program; | ||||||
13 | (2) the defendant is not benefitting from education, | ||||||
14 | treatment, or rehabilitation; | ||||||
15 | (3) the defendant has engaged in criminal conduct | ||||||
16 | rendering him or her
unsuitable for the program; or
| ||||||
17 | (4) the defendant has otherwise violated the terms and | ||||||
18 | conditions of the program
or his or her sentence or is for | ||||||
19 | any reason unable to participate; the Court may impose | ||||||
20 | reasonable sanctions under prior written agreement of the
| ||||||
21 | defendant, including but not limited to imprisonment or | ||||||
22 | dismissal of the defendant from the
program and the Court | ||||||
23 | may reinstate criminal proceedings against him or her or | ||||||
24 | proceed under
Section 5-6-4 of the Unified Code of | ||||||
25 | Corrections for a violation of probation, conditional
|
| |||||||
| |||||||
1 | discharge, or supervision hearing. | ||||||
2 | (b) Upon successful completion of the terms and conditions | ||||||
3 | of the program, the Court
may dismiss the original charges | ||||||
4 | against the defendant or successfully terminate the | ||||||
5 | defendant's
sentence or otherwise discharge him or her from | ||||||
6 | any further proceedings against him or her in
the original | ||||||
7 | prosecution.
| ||||||
8 | (c) Upon successful completion of the terms and conditions | ||||||
9 | of
the program, any State's Attorney in the county of | ||||||
10 | conviction may
move to vacate any convictions eligible for | ||||||
11 | sealing under the Criminal
Identification Act. Defendants may | ||||||
12 | immediately file
petitions to expunge vacated convictions and | ||||||
13 | the associated underlying
records per the Criminal | ||||||
14 | Identification Act. In cases where the State's
Attorney moves | ||||||
15 | to vacate a conviction, they may not object to expungement
of | ||||||
16 | that conviction or the underlying record. | ||||||
17 | (d) Veterans and servicemembers court programs may | ||||||
18 | maintain or
collaborate with a network of legal aid | ||||||
19 | organizations that specialize in
conviction relief to support | ||||||
20 | participants navigating the expungement
and sealing process.
| ||||||
21 | (Source: P.A. 96-924, eff. 6-14-10.)
| ||||||
22 | (730 ILCS 167/40 new) | ||||||
23 | Sec. 40. Education seminars for judges. The Administrative
| ||||||
24 | Office of the Illinois Courts shall conduct education seminars
| ||||||
25 | for judges throughout the State on how to operate Veterans and
|
| |||||||
| |||||||
1 | Servicemembers Court Programs.
| ||||||
2 | (730 ILCS 167/45 new) | ||||||
3 | Sec. 45. Education seminars for Veterans and | ||||||
4 | Servicemembers
Court prosecutors. Subject to appropriation, | ||||||
5 | the Office of the
State's Attorneys Appellate Prosecutor shall | ||||||
6 | conduct mandatory
education seminars on the subjects of | ||||||
7 | substance use, addiction,
and mental health, for all Veterans | ||||||
8 | and Servicemembers Court
prosecutors throughout the State.
| ||||||
9 | (730 ILCS 167/50 new) | ||||||
10 | Sec. 50. Education seminars for public defenders. Subject | ||||||
11 | to
appropriation, the Office of the State Appellate Defender | ||||||
12 | shall
conduct mandatory education seminars on the subjects of
| ||||||
13 | substance use, addiction, and mental health, for all public
| ||||||
14 | defenders and assistant public defenders practicing in | ||||||
15 | Veterans
and Servicemembers Courts throughout the State.
| ||||||
16 | Section 15. The Mental Health Court Treatment Act is | ||||||
17 | amended by changing Sections 5, 10, 20, 25, 30, and 35 and by | ||||||
18 | adding Sections 45, 50, and 55 as follows:
| ||||||
19 | (730 ILCS 168/5)
| ||||||
20 | Sec. 5. Purposes. The General Assembly recognizes that a | ||||||
21 | large percentage of criminal defendants have a diagnosable | ||||||
22 | mental illness and that mental illnesses have a dramatic |
| |||||||
| |||||||
1 | effect on the criminal justice system in the State of | ||||||
2 | Illinois. The General Assembly also recognizes that mental | ||||||
3 | illness and substance use disorders abuse problems co-occur in | ||||||
4 | a substantial percentage of criminal defendants. There is a | ||||||
5 | critical need for a criminal justice system program that will | ||||||
6 | reduce the number of persons with mental illnesses and with | ||||||
7 | co-occurring mental illness and substance use disorders abuse | ||||||
8 | problems in the criminal justice system, reduce recidivism | ||||||
9 | among persons with mental illness and with co-occurring mental | ||||||
10 | illness and substance use disorders abuse problems , provide | ||||||
11 | appropriate treatment to persons with mental illnesses and | ||||||
12 | co-occurring mental illness and substance use disorders abuse | ||||||
13 | problems and reduce the incidence of crimes committed as a | ||||||
14 | result of mental illnesses or co-occurring mental illness and | ||||||
15 | substance use disorders abuse problems . It is the intent of | ||||||
16 | the General Assembly to create specialized mental health | ||||||
17 | courts with the necessary flexibility to meet the needs | ||||||
18 | problems of criminal defendants with mental illnesses and | ||||||
19 | co-occurring mental illness and substance use disorders abuse | ||||||
20 | problems in the State of Illinois.
| ||||||
21 | (Source: P.A. 95-606, eff. 6-1-08 .)
| ||||||
22 | (730 ILCS 168/10)
| ||||||
23 | Sec. 10. Definitions. As used in this Act: | ||||||
24 | "Mental health court", "mental health court program", or | ||||||
25 | "program" means a structured judicial intervention process for |
| |||||||
| |||||||
1 | mental health treatment of eligible defendants that brings | ||||||
2 | together mental health professionals, local social programs, | ||||||
3 | and intensive judicial monitoring. | ||||||
4 | "Mental health court professional" means a member of the | ||||||
5 | mental health court team, including
but not limited to a | ||||||
6 | judge, prosecutor, defense attorney, probation officer, | ||||||
7 | coordinator, treatment provider, or peer recovery coach. | ||||||
8 | "Pre-adjudicatory mental health court program" means a | ||||||
9 | program that allows the defendant, with the consent of the | ||||||
10 | prosecution, to expedite the defendant's criminal case before | ||||||
11 | conviction or before filing of a criminal case and requires | ||||||
12 | successful completion of the mental health court program as | ||||||
13 | part of the agreement. | ||||||
14 | "Post-adjudicatory mental health court program" means a | ||||||
15 | program in which the defendant has admitted guilt or has been | ||||||
16 | found guilty and agrees, along with the prosecution, to enter | ||||||
17 | a mental health court program as part of the defendant's | ||||||
18 | sentence. | ||||||
19 | "Combination mental health court program" means a mental | ||||||
20 | health court program that
includes a pre-adjudicatory mental | ||||||
21 | health court program and a post-adjudicatory mental health | ||||||
22 | court program. | ||||||
23 | "Co-occurring mental health and substance use abuse court | ||||||
24 | program" means a program that includes persons with | ||||||
25 | co-occurring mental illness and substance use disorders abuse | ||||||
26 | problems . Such programs
shall include professionals with |
| |||||||
| |||||||
1 | training and experience in treating persons with substance use | ||||||
2 | disorders abuse problems and mental illness.
| ||||||
3 | "Clinical treatment plan" means an evidence-based,
| ||||||
4 | comprehensive, and individualized plan that defines the scope | ||||||
5 | of
treatment services to be delivered by a treatment provider. | ||||||
6 | "Validated clinical assessment" may include assessment | ||||||
7 | tools
required by public or private insurance. | ||||||
8 | "Peer recovery coach" means a mentor assigned to a | ||||||
9 | defendant
during participation in a drug treatment court | ||||||
10 | program who has been
trained and certified by the court to | ||||||
11 | guide and mentor the participant
to successfully complete the | ||||||
12 | assigned requirements. Peer recovery
coaches should be | ||||||
13 | individuals with lived experience and work to
help facilitate | ||||||
14 | participants' independence for continued success
once the | ||||||
15 | supports of the court are no longer available to them.
| ||||||
16 | (Source: P.A. 97-946, eff. 8-13-12.)
| ||||||
17 | (730 ILCS 168/20) | ||||||
18 | Sec. 20. Eligibility. | ||||||
19 | (a) A defendant, who is eligible for probation based on | ||||||
20 | the nature of the crime convicted of and in consideration of | ||||||
21 | his or her criminal background, if any, may be admitted into a | ||||||
22 | mental health court program only upon the agreement of the | ||||||
23 | defendant and with the approval of the court. | ||||||
24 | (b) A defendant shall be excluded from a mental health | ||||||
25 | court program if any one of the following applies: |
| |||||||
| |||||||
1 | (1) The crime is a crime of violence as set forth in | ||||||
2 | clause (3) of this subsection (b). | ||||||
3 | (2) The defendant does not demonstrate a willingness | ||||||
4 | to participate in a treatment program. | ||||||
5 | (3) The defendant has been convicted of a crime of | ||||||
6 | violence within the past 10 years excluding incarceration | ||||||
7 | time. As used in this paragraph (3), "crime of violence" | ||||||
8 | means: first degree murder, second degree murder, | ||||||
9 | predatory criminal sexual assault of a child, aggravated | ||||||
10 | criminal sexual assault, criminal sexual assault, armed | ||||||
11 | robbery, aggravated arson, arson, aggravated kidnapping, | ||||||
12 | kidnapping, aggravated battery resulting in great bodily | ||||||
13 | harm or permanent disability, stalking, aggravated | ||||||
14 | stalking, or any offense involving the discharge of a | ||||||
15 | firearm. | ||||||
16 | (4) (Blank). | ||||||
17 | (5) The crime for which the defendant has been | ||||||
18 | convicted is non-probationable. | ||||||
19 | (6) The sentence imposed on the defendant, whether the | ||||||
20 | result of a plea or a finding of guilt, renders the | ||||||
21 | defendant ineligible for probation.
| ||||||
22 | (c) A defendant charged with prostitution under Section | ||||||
23 | 11-14 of the Criminal Code of 2012 may be admitted into a | ||||||
24 | mental health court program, if available in the jurisdiction | ||||||
25 | and provided that the requirements in subsections (a) and (b) | ||||||
26 | are satisfied. Mental health court programs may include |
| |||||||
| |||||||
1 | specialized service programs specifically designed to address | ||||||
2 | the trauma associated with prostitution and human trafficking, | ||||||
3 | and may offer those specialized services to defendants | ||||||
4 | admitted to the mental health court program. Judicial circuits | ||||||
5 | establishing these specialized programs shall partner with | ||||||
6 | prostitution and human trafficking advocates, survivors, and | ||||||
7 | service providers in the development of the programs. | ||||||
8 | (Source: P.A. 100-426, eff. 1-1-18 .)
| ||||||
9 | (730 ILCS 168/25)
| ||||||
10 | Sec. 25. Procedure. | ||||||
11 | (a) The court shall require an eligibility screening and | ||||||
12 | an assessment of the defendant. The assessment shall include a
| ||||||
13 | validated clinical assessment. The clinical assessment shall | ||||||
14 | include,
but not be limited to, assessments of substance use, | ||||||
15 | mental and
behavioral health needs. The clinical assessment | ||||||
16 | shall be administered
by a qualified clinician and used to | ||||||
17 | inform any clinical treatment plans.
Clinical treatment plans | ||||||
18 | shall be developed, in part, upon the known
availability of | ||||||
19 | treatment resources available. An assessment need not be | ||||||
20 | ordered if the court finds a valid assessment related to the | ||||||
21 | present charge pending against the defendant has been | ||||||
22 | completed within the previous 60 days. | ||||||
23 | (b) The judge shall inform the defendant that if the | ||||||
24 | defendant fails to meet the requirements of the mental health | ||||||
25 | court program, eligibility to participate in the program may |
| |||||||
| |||||||
1 | be revoked and the defendant may be sentenced or the | ||||||
2 | prosecution continued, as provided in the Unified Code of | ||||||
3 | Corrections, for the crime charged. | ||||||
4 | (c) The defendant shall execute a written agreement as to | ||||||
5 | his or her participation in the program and shall agree to all | ||||||
6 | of the terms and conditions of the program, including but not | ||||||
7 | limited to the possibility of sanctions or incarceration for | ||||||
8 | failing to abide or comply with the terms of the program. | ||||||
9 | (d) In addition to any conditions authorized under the | ||||||
10 | Pretrial Services Act and Section 5-6-3 of the Unified Code of | ||||||
11 | Corrections, the court may order the defendant to complete | ||||||
12 | mental health or substance use abuse treatment in an | ||||||
13 | outpatient, inpatient, residential, or jail-based custodial | ||||||
14 | treatment program , order the defendant to
complete mental | ||||||
15 | health counseling in an inpatient or outpatient basis,
comply | ||||||
16 | with physicians' recommendation regarding medications and all
| ||||||
17 | follow up treatment for any mental health diagnosis made by | ||||||
18 | the provider.
Substance abuse treatment programs must be | ||||||
19 | licensed by the State of
Illinois as a Substance Use | ||||||
20 | Prevention and Recovery (SUPR) provider. When referring | ||||||
21 | participants to mental health treatment
programs, the court | ||||||
22 | shall prioritize providers certified as community
mental | ||||||
23 | health or behavioral health centers as possible. The court | ||||||
24 | shall
prioritize the least restrictive treatment option when | ||||||
25 | ordering
mental health or substance use treatment for | ||||||
26 | participants. The
court may order jail-based custodial |
| |||||||
| |||||||
1 | treatment if it finds that
jail-based treatment is the least | ||||||
2 | restrictive alternative based on
evidence that efforts were | ||||||
3 | made to locate less restrictive alternatives
to secure | ||||||
4 | confinement and the reasons why efforts were unsuccessful in
| ||||||
5 | locating a less restrictive alternative to jail-based | ||||||
6 | custodial treatment . Any period of time a defendant shall | ||||||
7 | serve in a jail-based treatment program may not be reduced by | ||||||
8 | the accumulation of good time or other credits and may be for a | ||||||
9 | period of up to 120 days. | ||||||
10 | (e) The mental health court program may include a regimen | ||||||
11 | of graduated requirements and rewards and sanctions, including | ||||||
12 | but not limited to: fines, fees, costs, restitution, | ||||||
13 | incarceration of up to 180 days, individual and group therapy, | ||||||
14 | medication, drug analysis testing, close monitoring by the | ||||||
15 | court and supervision of progress, educational or vocational | ||||||
16 | counseling as appropriate and other requirements necessary to | ||||||
17 | fulfill the mental health court program.
| ||||||
18 | (f) The Mental Health Court program may maintain or | ||||||
19 | collaborate
with a network of mental health treatment programs | ||||||
20 | and, if it is
a co-occurring mental health and substance use | ||||||
21 | court program,
a network of substance use treatment programs | ||||||
22 | representing a
continuum of treatment options commensurate | ||||||
23 | with the needs of the
defendant and available resources | ||||||
24 | including programs with the State
of Illinois. | ||||||
25 | (g) Recognizing that individuals struggling with
mental | ||||||
26 | health, addiction and related co-occurring disorders have
|
| |||||||
| |||||||
1 | often experienced trauma, mental health court programs may | ||||||
2 | include
specialized service programs specifically designed to | ||||||
3 | address trauma.
These specialized services may be offered to | ||||||
4 | defendants admitted to
the mental health court program. | ||||||
5 | Judicial circuits establishing these
specialized programs | ||||||
6 | shall partner with service providers in the
development of the | ||||||
7 | programs. Trauma-informed services and programming
should be | ||||||
8 | operated in Accordance with best practices outlined by the
| ||||||
9 | Substance Abuse and Mental Health Service Administration's | ||||||
10 | National
Center for Trauma Informed Care (SAMHSA). | ||||||
11 | (h) The Court may establish a mentorship program that
| ||||||
12 | provides access and support to program participants by peer
| ||||||
13 | recovery coaches. Courts shall be responsible to administer | ||||||
14 | the
mentorship program with the support of mentors and local | ||||||
15 | mental
health and SUPR licensed substance use treatment | ||||||
16 | organizations.
Peer recovery coaches shall be trained and | ||||||
17 | licensed by the court,
a service provider utilized by the | ||||||
18 | court for substance use or mental
health treatment, or be a | ||||||
19 | recovery support specialist certified by the
State of | ||||||
20 | Illinois. Peer recovery coaches shall be approved by the Court
| ||||||
21 | and complete orientation with the court team prior to being | ||||||
22 | assigned to participants in the program.
| ||||||
23 | (Source: P.A. 95-606, eff. 6-1-08 .)
| ||||||
24 | (730 ILCS 168/30)
| ||||||
25 | Sec. 30. Mental health and substance use abuse treatment. |
| |||||||
| |||||||
1 | (a) The mental health court program may maintain or | ||||||
2 | collaborate with a network of mental
health treatment programs | ||||||
3 | and, if it is a co-occurring mental health and substance use | ||||||
4 | abuse court program, a network of substance use abuse | ||||||
5 | treatment programs representing a continuum of treatment | ||||||
6 | options commensurate with the needs of defendants and | ||||||
7 | available resources. | ||||||
8 | (b) Any substance use abuse treatment program to which | ||||||
9 | defendants are referred must be licensed by the State of | ||||||
10 | Illinois
as SUPR providers and meet all of the rules and | ||||||
11 | governing programs in Parts 2030 and 2060 of Title 77 of the | ||||||
12 | Illinois Administrative Code. | ||||||
13 | (c) The mental health court program may, at its | ||||||
14 | discretion, employ additional services or interventions, as it | ||||||
15 | deems necessary on a case by case basis.
| ||||||
16 | (Source: P.A. 95-606, eff. 6-1-08 .)
| ||||||
17 | (730 ILCS 168/35)
| ||||||
18 | Sec. 35. Violation; termination; discharge.
| ||||||
19 | (a) If the court finds from the evidence presented, | ||||||
20 | including but not limited to the reports or proffers of proof | ||||||
21 | from the mental health court professionals that: | ||||||
22 | (1) the defendant is not performing satisfactorily in | ||||||
23 | the assigned program; | ||||||
24 | (2) the defendant is not benefiting from education, | ||||||
25 | treatment, or rehabilitation; |
| |||||||
| |||||||
1 | (3) the defendant has engaged in criminal conduct | ||||||
2 | rendering him or her unsuitable for the program; or | ||||||
3 | (4) the defendant has otherwise violated the terms and | ||||||
4 | conditions of the program or his or her sentence or is for | ||||||
5 | any reason unable to participate;
| ||||||
6 | the court may impose reasonable sanctions under prior written | ||||||
7 | agreement of the defendant, including but not limited to | ||||||
8 | imprisonment or dismissal of the defendant from the program; | ||||||
9 | and the court may reinstate criminal proceedings against him | ||||||
10 | or her or proceed under Section 5-6-4 of the Unified Code of | ||||||
11 | Corrections for a violation of probation, conditional | ||||||
12 | discharge, or supervision hearing.
No defendant may be | ||||||
13 | dismissed from the program unless, prior to such dismissal, | ||||||
14 | the defendant is informed in writing: (i) of the reason or | ||||||
15 | reasons for the dismissal; (ii) the evidentiary basis | ||||||
16 | supporting the reason or reasons for the dismissal; (iii) that | ||||||
17 | the defendant has a right to a hearing at
which he or she may | ||||||
18 | present evidence supporting his or her continuation in the | ||||||
19 | program. Based upon the evidence presented, the court shall | ||||||
20 | determine whether the defendant has violated the conditions of | ||||||
21 | the program and whether the defendant should be dismissed from | ||||||
22 | the program or whether some other alternative may be | ||||||
23 | appropriate in the interests of the defendant and the public. | ||||||
24 | (b) Upon successful completion of the terms and conditions | ||||||
25 | of the program, the court may dismiss the original charges | ||||||
26 | against the defendant or successfully terminate the |
| |||||||
| |||||||
1 | defendant's sentence or otherwise discharge him or her from | ||||||
2 | the program or from any further proceedings against him or her | ||||||
3 | in the original prosecution.
| ||||||
4 | (c) Upon successful completion of the terms and conditions | ||||||
5 | of
the program, any State's Attorney in the county of | ||||||
6 | conviction may move
to vacate any convictions eligible for | ||||||
7 | sealing under the Criminal
Identification Act. Defendants may | ||||||
8 | immediately file
petitions to expunge vacated convictions and | ||||||
9 | the associated underlying
records per the Criminal | ||||||
10 | Identification Act. In cases where the State's
Attorney moves | ||||||
11 | to vacate a conviction, they may not object to expungement
of | ||||||
12 | that conviction or the underlying record. | ||||||
13 | (d) The mental health court program may maintain or | ||||||
14 | collaborate
with a network of legal aid organizations that | ||||||
15 | specialize in conviction
relief to support participants | ||||||
16 | navigating the expungement and sealing
process.
| ||||||
17 | (Source: P.A. 95-606, eff. 6-1-08 .)
| ||||||
18 | (730 ILCS 168/45 new) | ||||||
19 | Sec. 45. Education seminars for judges. The Administrative
| ||||||
20 | Office of the Illinois Courts shall conduct education seminars
| ||||||
21 | for judges throughout the State on how to operate Mental | ||||||
22 | Health
Court programs.
| ||||||
23 | (730 ILCS 168/50 new) | ||||||
24 | Sec. 50. Education seminars for Mental Health Court |
| |||||||
| |||||||
1 | prosecutors. Subject to appropriation, the Office of the | ||||||
2 | State's Attorneys Appellate
Prosecutor shall conduct mandatory | ||||||
3 | education seminars on the subjects of
substance use, addiction | ||||||
4 | and mental health, for all prosecutors
serving in Mental | ||||||
5 | Health courts throughout the State.
| ||||||
6 | (730 ILCS 168/55 new) | ||||||
7 | Sec. 55. Education seminars for public defenders. Subject | ||||||
8 | to
appropriation, the Office of the State Appellate Defender | ||||||
9 | shall
conduct mandatory education seminars on the subjects of | ||||||
10 | substance use,
addiction, and mental health, for all public | ||||||
11 | defenders and assistant public
defenders practicing in Mental | ||||||
12 | Health courts throughout the State. ".
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