Bill Text: IL SB1346 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Drug Court Treatment Act, the Veterans and Servicemembers Court Treatment Act, and the Mental Health Court Treatment Act. Provides that jurisdiction may be transferred from the sentencing court to the problem-solving court circuit in which the offender resides at the concurrence of both courts. Provides that the court to which jurisdiction has been transferred shall have the same powers as the sentencing court. Provides that the problem-solving court department within the circuit to which jurisdiction has been transferred may impose problem-solving court fees upon receiving the transferred offender. Provides that after the transfer all problem-solving court fees shall be paid to the problem-solving court department within the circuit to which jurisdiction has been transferred. Defines "problem-solving court" and "transferred".

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-03-15 - Rule 3-9(a) / Re-referred to Assignments [SB1346 Detail]

Download: Illinois-2023-SB1346-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1346 Introduced 2/6/2023, by Sen. Karina Villa SYNOPSIS AS INTRODUCED:
730 ILCS 166/10
730 ILCS 166/55 new
730 ILCS 167/10
730 ILCS 167/95 new
730 ILCS 168/10
730 ILCS 168/55 new
Amends the Drug Court Treatment Act, the Veterans and Servicemembers Court Treatment Act, and the Mental Health Court Treatment Act. Provides that jurisdiction may be transferred from the sentencing court to the problem-solving court circuit in which the offender resides at the concurrence of both courts. Provides that the court to which jurisdiction has been transferred shall have the same powers as the sentencing court. Provides that the problem-solving court department within the circuit to which jurisdiction has been transferred may impose problem-solving court fees upon receiving the transferred offender. Provides that after the transfer all problem-solving court fees shall be paid to the problem-solving court department within the circuit to which jurisdiction has been transferred. Defines "problem-solving court" and "transferred".
LRB103 26069 RLC 52424 b
A BILL FOR
SB1346 LRB103 26069 RLC 52424 b
AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Drug Court Treatment Act is amended by
changing Section 10 and by adding Section 55 as follows:
(730 ILCS 166/10)
Sec. 10. Definitions. As used in this Act:
"Certification" means the process by which a
problem-solving court obtains approval from the Supreme Court
to operate in accordance with the Problem-Solving Court
Standards.
"Clinical treatment plan" means an evidence-based,
comprehensive, and individualized plan that: (i) is developed
by a qualified professional in accordance with the Department
of Human Services substance use prevention and recovery rules
under 77 Ill. Adm. Code 2060 or an equivalent standard in any
state where treatment may take place; and (ii) defines the
scope of treatment services to be delivered by a court
treatment provider.
"Combination drug court program" means a type of
problem-solving court that allows an individual to enter a
problem-solving court before a plea, conviction, or
disposition while also permitting an individual who has

SB1346 - 2 - LRB103 26069 RLC 52424 b
admitted guilt, or been found guilty, to enter a
problem-solving court as a part of the individual's sentence
or disposition.
"Community behavioral health center" means a physical site
where behavioral healthcare services are provided in
accordance with the Community Behavioral Health Center
Infrastructure Act.
"Community mental health center" means an entity:
(1) licensed by the Department of Public Health as a
community mental health center in accordance with the
conditions of participation for community mental health
centers established by the Centers for Medicare and
Medicaid Services; and
(2) that provides outpatient services, including
specialized outpatient services, for individuals who are
chronically mental ill.
"Co-occurring mental health and substance use disorders
court program" means a program that includes an individual
with co-occurring mental illness and substance use disorder
diagnoses and professionals with training and experience in
treating individuals with diagnoses of substance use disorder
and mental illness.
"Drug court", "drug court program", "court", or "program"
means a specially designated court, court calendar, or docket
facilitating intensive therapeutic treatment to monitor and
assist participants with substance use disorders in making

SB1346 - 3 - LRB103 26069 RLC 52424 b
positive lifestyle changes and reducing the rate of
recidivism. Drug court programs are nonadversarial in nature
and bring together substance use disorder professionals, local
social programs, and monitoring in accordance with the
nationally recommended 10 key components of drug courts and
the Problem-Solving Court Standards. Common features of a drug
court program include, but are not limited to, a designated
judge and staff; specialized intake and screening procedures;
coordinated treatment procedures administered by a trained,
multidisciplinary professional team; close evaluation of
participants, including continued assessments and modification
of the court requirements and use of sanctions, incentives,
and therapeutic adjustments to address behavior; frequent
judicial interaction with participants; less formal court
process and procedures; voluntary participation; and a low
treatment staff-to-client ratio.
"Drug court professional" means a member of the drug court
team, including but not limited to a judge, prosecutor,
defense attorney, probation officer, coordinator, or treatment
provider.
"Peer recovery coach" means a mentor assigned to a
defendant during participation in a drug treatment court
program who has been trained by the court, a service provider
used by the court for substance use disorder or mental health
treatment, a local service provider with an established peer
recovery coach or mentor program not otherwise used by the

SB1346 - 4 - LRB103 26069 RLC 52424 b
court for treatment, or a Certified Recovery Support
Specialist certified by the Illinois Certification Board.
"Peer recovery coach" includes individuals with lived
experiences of the issues the problem-solving court seeks to
address, including, but not limited to, substance use
disorder, mental illness, and co-occurring disorders or
involvement with the criminal justice system. "Peer recovery
coach" includes individuals required to guide and mentor the
participant to successfully complete assigned requirements and
to facilitate participants' independence for continued success
once the supports of the court are no longer available to them.
"Post-adjudicatory drug court program" means a program
that allows an individual who has admitted guilt or has been
found guilty, with the defendant's consent, and the approval
of the court, to enter a drug court program as part of the
defendant's sentence or disposition.
"Pre-adjudicatory drug court program" means a program that
allows the defendant, with the defendant's consent and the
approval of the court, to enter the drug court program before
plea, conviction, or disposition and requires successful
completion of the drug court program as part of the agreement.
"Problem-solving court" means any and all mental health
court treatment, Veterans and Servicemembers Court treatment,
and drug court treatment departments in a judicial circuit.
"Problem-Solving Court Standards" means the statewide
standards adopted by the Supreme Court that set forth the

SB1346 - 5 - LRB103 26069 RLC 52424 b
minimum requirements for the planning, establishment,
certification, operation, and evaluation of all
problem-solving courts in this State.
"Transferred" means the transfer of any case in which an
adult or juvenile offender seeks to have problem-solving court
treatment transferred from one county to the county in this
State in which the offender resides, and the transfer is
approved by a judge.
"Validated clinical assessment" means a validated
assessment tool administered by a qualified clinician to
determine the treatment needs of participants. "Validated
clinical assessment" includes assessment tools required by
public or private insurance.
(Source: P.A. 102-1041, eff. 6-2-22.)
(730 ILCS 166/55 new)
Sec. 55. Transfer. Jurisdiction may be transferred from
the sentencing court to the problem-solving court circuit in
which the offender resides at the concurrence of both courts.
The court to which jurisdiction has been transferred shall
have the same powers as the sentencing court. The
problem-solving court department within the circuit to which
jurisdiction has been transferred may impose problem-solving
court fees upon receiving the transferred offender as defined
in Section 10. After the transfer all problem-solving court
fees shall be paid to the problem-solving court department

SB1346 - 6 - LRB103 26069 RLC 52424 b
within the circuit to which jurisdiction has been transferred.
Section 10. The Veterans and Servicemembers Court
Treatment Act is amended by changing Section 10 and by adding
Section 95 as follows:
(730 ILCS 167/10)
Sec. 10. Definitions. In this Act:
"Certification" means the process by which a
problem-solving court obtains approval from the Supreme Court
to operate in accordance with the Problem-Solving Court
Standards.
"Clinical treatment plan" means an evidence-based,
comprehensive, and individualized plan that: (i) is developed
by a qualified professional in accordance with the Department
of Human Services substance use prevention and recovery rules
under 77 Ill. Adm. Code 2060 or an equivalent standard in any
state where treatment may take place; and (ii) defines the
scope of treatment services to be delivered by a court
treatment provider.
"Combination Veterans and Servicemembers court program"
means a type of problem-solving court that allows an
individual to enter a problem-solving court before a plea,
conviction, or disposition while also permitting an individual
who has admitted guilt, or been found guilty, to enter a
problem-solving court as a part of the individual's sentence

SB1346 - 7 - LRB103 26069 RLC 52424 b
or disposition.
"Community behavioral health center" means a physical site
where behavioral healthcare services are provided in
accordance with the Community Behavioral Health Center
Infrastructure Act.
"Community mental health center" means an entity:
(1) licensed by the Department of Public Health as a
community mental health center in accordance with the
conditions of participation for community mental health
centers established by the Centers for Medicare and
Medicaid Services; and
(2) that provides outpatient services, including
specialized outpatient services, for individuals who are
chronically mental ill.
"Co-occurring mental health and substance use disorders
court program" means a program that includes an individual
with co-occurring mental illness and substance use disorder
diagnoses and professionals with training and experience in
treating individuals with diagnoses of substance use disorder
and mental illness.
"Court" means veterans and servicemembers court.
"IDVA" means the Illinois Department of Veterans' Affairs.
"Peer recovery coach" means a veteran mentor as defined
nationally by Justice for Vets and assigned to a veteran or
servicemember during participation in a veteran treatment
court program who has been approved by the court, and trained

SB1346 - 8 - LRB103 26069 RLC 52424 b
according to curriculum recommended by Justice for Vets, a
service provider used by the court for substance use disorder
or mental health treatment, a local service provider with an
established peer recovery coach or mentor program not
otherwise used by the court for treatment, or a Certified
Recovery Support Specialist certified by the Illinois
Certification Board. "Peer recovery coach" includes
individuals with lived experiences of the issues the
problem-solving court seeks to address, including, but not
limited to, substance use disorder, mental illness, and
co-occurring disorders or involvement with the criminal
justice system. "Peer recovery coach" includes individuals
required to guide and mentor the participant to successfully
complete assigned requirements and to facilitate participants'
independence for continued success once the supports of the
court are no longer available to them.
"Post-adjudicatory veterans and servicemembers court
program" means a program that allows a defendant who has
admitted guilt or has been found guilty and agrees, with the
defendant's consent, and the approval of the court, to enter a
veterans and servicemembers court program as part of the
defendant's sentence or disposition.
"Pre-adjudicatory veterans and servicemembers court
program" means a program that allows the defendant, with the
defendant's consent and the approval of the court, to enter
the Veterans and Servicemembers Court program before plea,

SB1346 - 9 - LRB103 26069 RLC 52424 b
conviction, or disposition and requires successful completion
of the Veterans and Servicemembers Court programs as part of
the agreement.
"Problem-solving court" means any and all mental health
court treatment, Veterans and Servicemembers Court treatment,
and drug court treatment departments in a judicial circuit.
"Problem-Solving Court Standards" means the statewide
standards adopted by the Supreme Court that set forth the
minimum requirements for the planning, establishment,
certification, operation, and evaluation of all
problem-solving courts in this State.
"Servicemember" means a person who is currently serving in
the Army, Air Force, Marines, Navy, or Coast Guard on active
duty, reserve status or in the National Guard.
"Transferred" means the transfer of any case in which an
adult or juvenile offender seeks to have problem-solving court
treatment transferred from one county to the county in this
State in which the offender resides, and the transfer is
approved by a judge.
"VA" means the United States Department of Veterans'
Affairs.
"VAC" means a veterans assistance commission.
"Validated clinical assessment" means a validated
assessment tool administered by a qualified clinician to
determine the treatment needs of participants. "Validated
clinical assessment" includes assessment tools required by

SB1346 - 10 - LRB103 26069 RLC 52424 b
public or private insurance.
"Veteran" means a person who previously served as an
active servicemember.
"Veterans and servicemembers court professional" means a
member of the veterans and servicemembers court team,
including, but not limited to, a judge, prosecutor, defense
attorney, probation officer, coordinator, treatment provider.
"Veterans and servicemembers court", "veterans and
servicemembers court program", "court", or "program" means a
specially designated court, court calendar, or docket
facilitating intensive therapeutic treatment to monitor and
assist veteran or servicemember participants with substance
use disorder, mental illness, co-occurring disorders, or other
assessed treatment needs of eligible veteran and servicemember
participants and in making positive lifestyle changes and
reducing the rate of recidivism. Veterans and servicemembers
court programs are nonadversarial in nature and bring together
substance use disorder professionals, mental health
professionals, VA professionals, local social programs, and
intensive judicial monitoring in accordance with the
nationally recommended 10 key components of veterans treatment
courts and the Problem-Solving Court Standards. Common
features of a veterans and servicemembers court program
include, but are not limited to, a designated judge and staff;
specialized intake and screening procedures; coordinated
treatment procedures administered by a trained,

SB1346 - 11 - LRB103 26069 RLC 52424 b
multidisciplinary professional team; close evaluation of
participants, including continued assessments and modification
of the court requirements and use of sanctions, incentives,
and therapeutic adjustments to address behavior; frequent
judicial interaction with participants; less formal court
process and procedures; voluntary participation; and a low
treatment staff-to-client ratio.
(Source: P.A. 102-1041, eff. 6-2-22.)
(730 ILCS 167/95 new)
Sec. 95. Transfers. Jurisdiction may be transferred from
the sentencing court to the problem-solving court circuit in
which the offender resides at the concurrence of both courts.
The court to which jurisdiction has been transferred shall
have the same powers as the sentencing court. The
problem-solving court department within the circuit to which
jurisdiction has been transferred may impose problem-solving
court fees upon receiving the transferred offender as defined
in Section 10. After the transfer all problem-solving court
fees shall be paid to the problem-solving court department
within the circuit to which jurisdiction has been transferred.
Section 15. The Mental Health Court Treatment Act is
amended by changing Section 10 and by adding Section 55 as
follows:

SB1346 - 12 - LRB103 26069 RLC 52424 b
(730 ILCS 168/10)
Sec. 10. Definitions. As used in this Act:
"Certification" means the process by which a
problem-solving court obtains approval from the Supreme Court
to operate in accordance with the Problem-Solving Court
Standards.
"Clinical treatment plan" means an evidence-based,
comprehensive, and individualized plan that: (i) is developed
by a qualified professional in accordance with Department of
Human Services substance use prevention and recovery rules
under 77 Ill. Adm. Code 2060 or an equivalent standard in any
state where treatment may take place; and (ii) defines the
scope of treatment services to be delivered by a court
treatment provider.
"Combination mental health court program" means a type of
problem-solving court that allows an individual to enter a
problem-solving court before a plea, conviction, or
disposition while also permitting an individual who has
admitted guilt, or been found guilty, to enter a
problem-solving court as a part of the individual's sentence
or disposition.
"Community behavioral health center" means a physical site
where behavioral healthcare services are provided in
accordance with the Community Behavioral Health Center
Infrastructure Act.
"Community mental health center" means an entity:

SB1346 - 13 - LRB103 26069 RLC 52424 b
(1) licensed by the Department of Public Health as a
community mental health center in accordance with the
conditions of participation for community mental health
centers established by the Centers for Medicare and
Medicaid Services; and
(2) that provides outpatient services, including
specialized outpatient services, for individuals who are
chronically mental ill.
"Co-occurring mental health and substance use disorders
court program" means a program that includes an individual
with co-occurring mental illness and substance use disorder
diagnoses and professionals with training and experience in
treating individuals with diagnoses of substance use disorder
and mental illness.
"Mental health court", "mental health court program",
"court", or "program" means a specially designated court,
court calendar, or docket facilitating intensive therapeutic
treatment to monitor and assist participants with mental
illness in making positive lifestyle changes and reducing the
rate of recidivism. Mental health court programs are
nonadversarial in nature and bring together mental health
professionals and local social programs in accordance with the
Bureau of Justice Assistance and Council of State Governments
Justice Center's Essential Elements of a Mental Health Court
and the Problem-Solving Court Standards. Common features of a
mental health court program include, but are not limited to, a

SB1346 - 14 - LRB103 26069 RLC 52424 b
designated judge and staff; specialized intake and screening
procedures; coordinated treatment procedures administered by a
trained, multidisciplinary professional team; close evaluation
of participants, including continued assessments and
modification of the court requirements and use of sanctions,
incentives, and therapeutic adjustments to address behavior;
frequent judicial interaction with participants; less formal
court process and procedures; voluntary participation; and a
low treatment staff-to-client ratio.
"Mental health court professional" means a member of the
mental health court team, including but not limited to a
judge, prosecutor, defense attorney, probation officer,
coordinator, or treatment provider.
"Peer recovery coach" means a mentor assigned to a
defendant during participation in a mental health treatment
court program who has been trained by the court, a service
provider used by the court for substance use disorder or
mental health treatment, a local service provider with an
established peer recovery coach or mentor program not
otherwise used by the court for treatment, or a Certified
Recovery Support Specialist certified by the Illinois
Certification Board. "Peer recovery coach" includes
individuals with lived experiences of the issues the
problem-solving court seeks to address, including, but not
limited to, substance use disorder, mental illness, and
co-occurring disorders or involvement with the criminal

SB1346 - 15 - LRB103 26069 RLC 52424 b
justice system. "Peer recovery coach" includes individuals
required to guide and mentor the participant to successfully
complete assigned requirements and to facilitate participants'
independence for continued success once the supports of the
court are no longer available to them.
"Post-adjudicatory mental health court program" means a
program that allows an individual who has admitted guilt or
has been found guilty, with the defendant's consent, and the
approval of the court, to enter a mental health court program
as part of the defendant's sentence or disposition.
"Pre-adjudicatory mental health court program" means a
program that allows the defendant, with the defendant's
consent and the approval of the court, to enter the mental
health court program before plea, conviction, or disposition
and requires successful completion of the mental health court
program as part of the agreement.
"Problem-solving court" means any and all mental health
court treatment, Veterans and Servicemembers Court treatment,
and drug court treatment departments in a judicial circuit.
"Problem-Solving Court Standards" means the statewide
standards adopted by the Supreme Court that set forth the
minimum requirements for the planning, establishment,
certification, operation, and evaluation of all
problem-solving courts in this State.
"Transferred" means the transfer of any case in which an
adult or juvenile offender seeks to have problem-solving court

SB1346 - 16 - LRB103 26069 RLC 52424 b
treatment transferred from one county to the county in this
State in which the offender resides, and the transfer is
approved by a judge.
"Validated clinical assessment" means a validated
assessment tool administered by a qualified clinician to
determine the treatment needs of participants. "Validated
clinical assessment" includes assessment tools required by
public or private insurance.
(Source: P.A. 102-1041, eff. 6-2-22.)
(730 ILCS 168/55 new)
Sec. 55. Transfers. Jurisdiction may be transferred from
the sentencing court to the problem-solving court circuit in
which the offender resides at the concurrence of both courts.
The court to which jurisdiction has been transferred shall
have the same powers as the sentencing court. The
problem-solving court department within the circuit to which
jurisdiction has been transferred may impose problem-solving
court fees upon receiving the transferred offender as defined
in Section 10. After the transfer all problem-solving court
fees shall be paid to the problem-solving court department
within the circuit to which jurisdiction has been transferred.