Bill Amendment: IL SB2565 | 2021-2022 | 102nd General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: TREATMENT COURT STATUTES
Status: 2022-06-02 - Public Act . . . . . . . . . 102-1041 [SB2565 Detail]
Download: Illinois-2021-SB2565-Senate_Amendment_002.html
Bill Title: TREATMENT COURT STATUTES
Status: 2022-06-02 - Public Act . . . . . . . . . 102-1041 [SB2565 Detail]
Download: Illinois-2021-SB2565-Senate_Amendment_002.html
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1 | AMENDMENT TO SENATE BILL 2565
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2 | AMENDMENT NO. ______. Amend Senate Bill 2565 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 substance use disorders may come | ||||||
9 | into contact
with the criminal justice system and be charged | ||||||
10 | with felony or
misdemeanor offenses. The General Assembly also | ||||||
11 | recognizes
that substance use disorders and mental illness | ||||||
12 | co-occur in a
substantial percentage of criminal defendants. | ||||||
13 | the use and
abuse of drugs has a dramatic effect on the | ||||||
14 | criminal justice system in the
State
of Illinois. There is a | ||||||
15 | critical need for the criminal justice system to recognize | ||||||
16 | individuals struggling
with these issues, provide alternatives |
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| |||||||
1 | to incarceration to
address incidences a criminal justice | ||||||
2 | system program
that
will reduce the incidence of drug use, | ||||||
3 | drug addiction, and provide appropriate
access to treatment | ||||||
4 | and support to such persons. crimes committed as
a
result of | ||||||
5 | drug use and drug addiction. It is the intent of the General | ||||||
6 | Assembly
to create specialized drug courts , in accordance with | ||||||
7 | national best practices,
for addressing addiction and | ||||||
8 | co-occurring disorders with the necessary flexibility to meet | ||||||
9 | the needs for an array of services and
supports among | ||||||
10 | participants in
drug court programs problems in the State of | ||||||
11 | Illinois.
| ||||||
12 | (Source: P.A. 92-58, eff. 1-1-02.)
| ||||||
13 | (730 ILCS 166/10)
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14 | Sec. 10. Definitions. As used in this Act:
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15 | "Drug court", "drug court program", or "program" means an | ||||||
16 | immediate and
highly
structured judicial intervention process | ||||||
17 | for substance use disorder abuse treatment of
eligible | ||||||
18 | defendants that brings together substance use disorder abuse | ||||||
19 | professionals, local
social programs, and intensive judicial | ||||||
20 | monitoring in accordance with the
nationally recommended 10 | ||||||
21 | key components of drug courts.
| ||||||
22 | "Drug court professional" means a member of the drug court | ||||||
23 | team, including but not limited to
a judge, prosecutor, | ||||||
24 | defense attorney,
probation officer, coordinator, Illinois | ||||||
25 | Department of
Human Services/Division of Substance Use |
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| |||||||
1 | Prevention and Recovery
(IDHS/SUPR)
licensed treatment | ||||||
2 | provider, or peer recovery coach.
| ||||||
3 | "Pre-adjudicatory drug court program" means a program that | ||||||
4 | allows
the defendant,
with the consent of the prosecution, to | ||||||
5 | expedite the defendant's criminal case
before conviction or | ||||||
6 | before filing of a criminal case and requires successful
| ||||||
7 | completion of the drug court program as part of the agreement.
| ||||||
8 | "Post-adjudicatory drug court program" means a program in | ||||||
9 | which the
defendant has admitted
guilt
or has been found | ||||||
10 | guilty and agrees, along with the prosecution, to enter a
drug
| ||||||
11 | court program as part of the defendant's sentence.
| ||||||
12 | "Combination drug court program" means a drug court | ||||||
13 | program that includes a
pre-adjudicatory drug court program | ||||||
14 | and a post-adjudicatory drug court program.
| ||||||
15 | "Clinical treatment plan" means an evidence-based,
| ||||||
16 | comprehensive, and individualized plan that is developed by a | ||||||
17 | qualified
professional in accordance with IDHS/SUPR | ||||||
18 | regulations contained in
Part 2060 of Title 77 of the Illinois | ||||||
19 | Administrative Code, that defines the scope of
treatment | ||||||
20 | services to be delivered by a court treatment provider. | ||||||
21 | "Validated clinical assessment" may include assessment | ||||||
22 | tools
required by public or private insurance. | ||||||
23 | "Peer recovery coach" means a mentor assigned to a | ||||||
24 | defendant
during participation in a drug treatment court | ||||||
25 | program who has been
trained by the court, a service provider | ||||||
26 | utilized by
the court for substance use disorder or mental |
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| |||||||
1 | health treatment, or be a
recovery support specialist | ||||||
2 | certified by the State of Illinois.
Peer recovery coaches | ||||||
3 | should be individuals with lived experience
and shall guide | ||||||
4 | and mentor the participant to successfully complete
assigned | ||||||
5 | requirements and work to help facilitate participants'
| ||||||
6 | independence for continued success once the supports of the | ||||||
7 | court are
no longer available to them. | ||||||
8 | (Source: P.A. 97-946, eff. 8-13-12.)
| ||||||
9 | (730 ILCS 166/25)
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10 | Sec. 25. Procedure.
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11 | (a) The court shall order an eligibility screening and an | ||||||
12 | assessment of the
defendant by an agent designated by the | ||||||
13 | State of Illinois to provide assessment
services for the | ||||||
14 | Illinois Courts. The assessment shall be conducted in | ||||||
15 | accordance with
IDHS/SUPR regulations contained in Part 2060 | ||||||
16 | of Title 77 of the
Illinois Administrative Code.
The clinical | ||||||
17 | assessment shall be administered by individuals
who meet the | ||||||
18 | IDHS/SUPR regulations for professional staff contained in
Part | ||||||
19 | 2060 of Title 77 of the Illinois Administrative Code and used | ||||||
20 | to inform any Clinical Treatment Plans. Clinical Treatment
| ||||||
21 | Plans
shall be developed, in part, upon the known availability | ||||||
22 | of
treatment resources available. An assessment need not be | ||||||
23 | ordered if the
court finds a valid assessment related to the | ||||||
24 | present charge pending against
the defendant has been | ||||||
25 | completed within the previous 60 days.
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1 | (b) The judge shall inform the defendant that if the | ||||||
2 | defendant fails to
meet the conditions of the drug court | ||||||
3 | program, eligibility to participate in
the
program may be | ||||||
4 | revoked and the defendant may be sentenced or the prosecution
| ||||||
5 | continued as provided in
the
Unified Code of Corrections for | ||||||
6 | the crime charged.
| ||||||
7 | (c) The defendant shall execute a written agreement as to | ||||||
8 | his or her
participation in the program and shall agree to all | ||||||
9 | of the terms and conditions
of the program, including but not | ||||||
10 | limited to the possibility of sanctions or
incarceration for | ||||||
11 | failing to abide or comply with the terms of the program.
| ||||||
12 | (d) In addition to any conditions authorized under the | ||||||
13 | Pretrial Services
Act and Section 5-6-3 of the Unified Code of | ||||||
14 | Corrections, the court may order
the defendant to complete | ||||||
15 | substance use disorder abuse treatment in an outpatient,
| ||||||
16 | inpatient,
residential, or jail-based custodial treatment | ||||||
17 | program , order the defendant to
complete mental health | ||||||
18 | counseling in an inpatient or outpatient basis,
comply with | ||||||
19 | physicians' recommendation regarding medications and all
| ||||||
20 | follow up treatment for any mental health diagnosis made by | ||||||
21 | the provider.
Substance use disorder treatment programs must | ||||||
22 | be licensed by IDHS/SUPR and utilize evidence-based treatment. | ||||||
23 | When referring participants to mental health treatment
| ||||||
24 | programs, the court shall prioritize providers certified as | ||||||
25 | community
mental health or behavioral health centers as | ||||||
26 | possible. The court shall
prioritize the least restrictive |
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1 | treatment option when ordering
mental health or substance use | ||||||
2 | disorder treatment for participants. The
court may order | ||||||
3 | jail-based custodial treatment if it finds that
jail-based | ||||||
4 | treatment is the least restrictive alternative based on
| ||||||
5 | evidence that efforts were made to locate less restrictive | ||||||
6 | alternatives
to secure confinement and the reasons why efforts | ||||||
7 | were unsuccessful in
locating a less restrictive alternative | ||||||
8 | to jail-based custodial treatment . Any period of time a
| ||||||
9 | defendant shall serve in a jail-based treatment program may | ||||||
10 | not be reduced by
the accumulation of good time or other | ||||||
11 | credits and may be for a period of up to
120 days.
| ||||||
12 | (e) The drug court program shall include a regimen of | ||||||
13 | graduated
requirements and rewards and sanctions, including | ||||||
14 | but not limited to: fines,
fees, costs, restitution, | ||||||
15 | incarceration of up to 180 days, individual and group
therapy, | ||||||
16 | drug
analysis testing, close monitoring by the court at a | ||||||
17 | minimum of once every 30
days
and supervision of progress, | ||||||
18 | educational or vocational counseling as
appropriate, and other
| ||||||
19 | requirements necessary to fulfill the drug court program. If | ||||||
20 | the defendant needs treatment for opioid use abuse or | ||||||
21 | dependence, the court may not prohibit the defendant from | ||||||
22 | participating in and
receiving medication assisted treatment | ||||||
23 | under the care of
a physician licensed in this State to | ||||||
24 | practice medicine in all
of its branches. Drug court | ||||||
25 | participants may not be required to refrain from using | ||||||
26 | medication assisted treatment as a term or condition of |
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1 | successful completion of the drug court program. | ||||||
2 | (f) Recognizing that individuals struggling with mental
| ||||||
3 | health, substance use, and related co-occurring disorders have | ||||||
4 | often
experienced trauma, drug court programs may include | ||||||
5 | specialized
service programs specifically designed to address | ||||||
6 | trauma. These
specialized services may be offered to | ||||||
7 | defendants admitted to the
drug court program. Judicial | ||||||
8 | circuits establishing these specialized
programs shall partner | ||||||
9 | with advocates, survivors, and service providers
in the | ||||||
10 | development of the programs. Trauma-informed services and
| ||||||
11 | programming should be operated in accordance with best | ||||||
12 | practices
outlined by the Substance Abuse and Mental Health | ||||||
13 | Service
Administration's National Center for Trauma Informed | ||||||
14 | Care (SAMHSA). | ||||||
15 | (g) The Court may establish a mentorship program that
| ||||||
16 | provides access and support to program participants by peer
| ||||||
17 | recovery coaches. Courts shall be responsible to administer | ||||||
18 | the
mentorship program with the support of mentors and local | ||||||
19 | mental
health and substance use disorder treatment | ||||||
20 | organizations. Peer recovery
coaches shall be trained by the | ||||||
21 | court, a service provider
utilized by the court for substance | ||||||
22 | use or mental health treatment, or
be a recovery support | ||||||
23 | specialist certified by the State of Illinois.
Peer recovery | ||||||
24 | coaches shall be approved by the Court and complete
| ||||||
25 | orientation with the court team prior to being assigned to | ||||||
26 | participants
in the program.
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1 | (Source: P.A. 99-554, eff. 1-1-17 .)
| ||||||
2 | (730 ILCS 166/30)
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3 | Sec. 30. Mental health and substance use disorder | ||||||
4 | Substance abuse treatment.
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5 | (a) The drug court program shall maintain a network of | ||||||
6 | substance use disorder abuse
treatment programs representing a | ||||||
7 | continuum of graduated substance use disorder abuse
treatment | ||||||
8 | options commensurate with the needs of defendants.
| ||||||
9 | (b) Any substance use disorder abuse treatment program to | ||||||
10 | which defendants are referred
must be licensed by IDHS/SUPR, | ||||||
11 | utilize
evidence-based treatment, and deliver all services in | ||||||
12 | accordance with the
regulations contained in Part meet all of | ||||||
13 | the rules and governing programs in
Parts 2030 and 2060 of | ||||||
14 | Title 77 of the Illinois Administrative Code.
| ||||||
15 | (c) The drug court program may, at its discretion, employ | ||||||
16 | additional
services or
interventions, as it deems necessary on | ||||||
17 | a case by case basis. | ||||||
18 | (d) The drug court program may maintain or collaborate | ||||||
19 | with
a network of mental health treatment programs | ||||||
20 | representing a
continuum of treatment options commensurate | ||||||
21 | with the needs of the
defendant and available resources | ||||||
22 | including programs with the State
of Illinois and | ||||||
23 | community-based programs supported and sanctioned by
the State | ||||||
24 | of Illinois. Partnerships with providers certified as | ||||||
25 | community
mental health or behavioral health centers shall be |
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1 | prioritized when
possible.
| ||||||
2 | (Source: P.A. 92-58, eff. 1-1-02.)
| ||||||
3 | (730 ILCS 166/35)
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4 | Sec. 35. Violation; termination; discharge.
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5 | (a) If the court finds from the evidence presented | ||||||
6 | including but not limited
to the reports or
proffers of proof | ||||||
7 | from the drug court professionals that:
| ||||||
8 | (1) the defendant is not performing
satisfactorily
in | ||||||
9 | the assigned program;
| ||||||
10 | (2) the defendant is not benefitting from education,
| ||||||
11 | treatment, or rehabilitation;
| ||||||
12 | (3) the defendant has engaged in criminal
conduct
| ||||||
13 | rendering him or her unsuitable for the program; or
| ||||||
14 | (4) the defendant has
otherwise
violated the terms and | ||||||
15 | conditions of the program or his or her sentence or is
for | ||||||
16 | any reason unable to participate;
| ||||||
17 | the court may impose reasonable sanctions
under prior written | ||||||
18 | agreement of the defendant, including but not limited to
| ||||||
19 | imprisonment or dismissal of the defendant from the program | ||||||
20 | and the court may
reinstate
criminal proceedings against him | ||||||
21 | or her or proceed under Section 5-6-4 of the
Unified Code of | ||||||
22 | Corrections for a violation of probation,
conditional | ||||||
23 | discharge,
or supervision hearing. | ||||||
24 | (a-5) A defendant who is assigned to a substance use | ||||||
25 | disorder abuse treatment program under this Act for an opioid |
| |||||||
| |||||||
1 | use disorder abuse or dependence is not in violation of the | ||||||
2 | terms or conditions of the program on the basis of his or her | ||||||
3 | participation in medication assisted treatment under the care | ||||||
4 | of a physician licensed in this State to practice medicine in | ||||||
5 | all of its branches.
| ||||||
6 | (b) Upon successful completion of the terms and conditions | ||||||
7 | of the program,
the
court may dismiss the original charges | ||||||
8 | against the defendant or successfully
terminate the | ||||||
9 | defendant's sentence or otherwise discharge him or her from | ||||||
10 | any
further proceedings against the defendant him or her in | ||||||
11 | the original prosecution. | ||||||
12 | (c) Upon successful completion of the terms and conditions
| ||||||
13 | of the program, any State's Attorney in the county of | ||||||
14 | conviction
may move to vacate convictions held by the | ||||||
15 | defendant that are
eligible for sealing under the Criminal | ||||||
16 | Identification Act. Participants may immediately file | ||||||
17 | petitions to
expunge vacated convictions and the associated | ||||||
18 | underlying records
per the Criminal Identification Act. In | ||||||
19 | cases where the State's
Attorney moves to vacate a conviction, | ||||||
20 | the State's Attorney may not object to expungement
of that | ||||||
21 | conviction or the underlying record. | ||||||
22 | (d) The drug court program may maintain or collaborate | ||||||
23 | with
a network of legal aid organizations that specialize in | ||||||
24 | conviction
relief to support participants navigating the | ||||||
25 | expungement and sealing
process.
| ||||||
26 | (Source: P.A. 99-554, eff. 1-1-17 .)
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| |||||||
1 | (730 ILCS 166/45) | ||||||
2 | Sec. 45. Education seminars for drug court prosecutors. | ||||||
3 | Subject to appropriation, the Office of the State's Attorneys | ||||||
4 | Appellate Prosecutor shall conduct mandatory education | ||||||
5 | seminars on the subjects of substance use disorder abuse and | ||||||
6 | addiction for all drug court prosecutors throughout the State.
| ||||||
7 | (Source: P.A. 99-480, eff. 9-9-15.)
| ||||||
8 | (730 ILCS 166/50) | ||||||
9 | Sec. 50. Education seminars for public defenders. Subject | ||||||
10 | to appropriation, the Office of the State Appellate Defender | ||||||
11 | shall conduct mandatory education seminars on the subjects of | ||||||
12 | substance use disorder abuse and addiction for all public | ||||||
13 | defenders and assistant public defenders practicing in drug | ||||||
14 | courts throughout the State.
| ||||||
15 | (Source: P.A. 99-480, eff. 9-9-15.)
| ||||||
16 | Section 10. The Veterans and Servicemembers Court
| ||||||
17 | Treatment Act is amended by changing Sections 5, 10, 20, 25, | ||||||
18 | 30, and 35 and by adding Sections 40, 45, and 50 as follows:
| ||||||
19 | (730 ILCS 167/5)
| ||||||
20 | Sec. 5. Purposes. The General Assembly recognizes that | ||||||
21 | veterans and active, Reserve
and National Guard servicemembers | ||||||
22 | have provided or are currently providing an invaluable
service |
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| |||||||
1 | to our country. In so doing, some may suffer the effects of, | ||||||
2 | including but not limited to,
post traumatic stress disorder, | ||||||
3 | traumatic brain injury, depression and may also suffer drug | ||||||
4 | and
alcohol dependency or addiction and co-occurring mental | ||||||
5 | illness and substance use disorders abuse problems .
As a | ||||||
6 | result of this, some veterans or active duty servicemembers | ||||||
7 | come into contact with the
criminal justice system and are | ||||||
8 | charged with felony or misdemeanor offenses. There is a | ||||||
9 | critical
need for the criminal justice system to recognize | ||||||
10 | these veterans, provide accountability for their
wrongdoing, | ||||||
11 | provide for the safety of the public and provide for the | ||||||
12 | treatment of our veterans. It
is the intent of the General | ||||||
13 | Assembly to create specialized veteran and servicemember | ||||||
14 | courts or
programs with the necessary flexibility to meet the | ||||||
15 | specialized needs problems faced by these veteran
and | ||||||
16 | servicemember defendants.
| ||||||
17 | (Source: P.A. 96-924, eff. 6-14-10.)
| ||||||
18 | (730 ILCS 167/10)
| ||||||
19 | Sec. 10. Definitions. In this Act: | ||||||
20 | "Combination Veterans and Servicemembers Court program" | ||||||
21 | means a court program that
includes a pre-adjudicatory and a | ||||||
22 | post-adjudicatory Veterans and Servicemembers court
program.
| ||||||
23 | "Court" means Veterans and Servicemembers Court. | ||||||
24 | "IDVA" means the Illinois Department of Veterans' Affairs. | ||||||
25 | "Peer recovery coach" means a volunteer veteran mentor |
| |||||||
| |||||||
1 | assigned to a veteran or servicemember during participation in | ||||||
2 | a veteran treatment court program who has been trained and | ||||||
3 | certified by the court , a service provider utilized by the | ||||||
4 | court for substance
use or mental health treatment, or be a | ||||||
5 | recovery support specialist
certified by the State of | ||||||
6 | Illinois. Peer recovery coaches should be
individuals with | ||||||
7 | lived experience and shall to guide and mentor the participant | ||||||
8 | to successfully complete the assigned requirements and
work to | ||||||
9 | help facilitate participants' independence for continued
| ||||||
10 | success once the supports of the court are no longer available | ||||||
11 | to them . | ||||||
12 | "Post-adjudicatory Veterans and Servicemembers Court | ||||||
13 | Program" means a program in
which the defendant has admitted | ||||||
14 | guilt or has been found guilty and agrees, along with the
| ||||||
15 | prosecution, to enter a Veterans and Servicemembers Court | ||||||
16 | program as part of the defendant's
sentence.
| ||||||
17 | "Pre-adjudicatory Veterans and Servicemembers Court | ||||||
18 | Program" means a program that
allows the defendant with the | ||||||
19 | consent of the prosecution, to expedite the defendant's | ||||||
20 | criminal
case before conviction or before filing of a criminal | ||||||
21 | case and requires successful completion of
the Veterans and | ||||||
22 | Servicemembers Court programs as part of the agreement.
| ||||||
23 | "Servicemember" means a person who is currently serving in | ||||||
24 | the Army, Air Force,
Marines, Navy, or Coast Guard on active | ||||||
25 | duty, reserve status or in the National Guard.
| ||||||
26 | "VA" means the United States Department of Veterans' |
| |||||||
| |||||||
1 | Affairs. | ||||||
2 | "VAC" means a veterans assistance commission. | ||||||
3 | "Veteran" means a person who served in the active | ||||||
4 | military, naval, or air service and who
was discharged or | ||||||
5 | released therefrom under conditions other than dishonorable.
| ||||||
6 | "Veterans and Servicemembers Court professional" means a | ||||||
7 | member of the Veterans and
Servicemembers Court team, | ||||||
8 | including but not limited to a judge, prosecutor, defense
| ||||||
9 | attorney, probation officer, coordinator, treatment provider, | ||||||
10 | or peer recovery coach.
| ||||||
11 | "Veterans and Servicemembers Court" means a court or | ||||||
12 | program with an immediate and
highly structured judicial | ||||||
13 | intervention process for substance use disorder abuse | ||||||
14 | treatment, mental health, or
other assessed treatment needs of | ||||||
15 | eligible veteran and servicemember defendants that brings
| ||||||
16 | together substance use disorder abuse professionals, mental | ||||||
17 | health professionals, VA professionals, local
social programs | ||||||
18 | and intensive judicial monitoring in accordance with the | ||||||
19 | nationally
recommended 10 key components of drug courts.
| ||||||
20 | "Clinical treatment plan" means an evidence-based,
| ||||||
21 | comprehensive, and individualized plan developed by a | ||||||
22 | qualified
professional in accordance with IDHS/SUPR | ||||||
23 | regulations contained in
Part 2060 of Title 77 of the Illinois | ||||||
24 | Administrative Code, that defines
the scope of treatment | ||||||
25 | services to be delivered by a treatment provider. | ||||||
26 | "Validated clinical assessment" may include assessment |
| |||||||
| |||||||
1 | tools
required by public or private insurance. | ||||||
2 | (Source: P.A. 99-314, eff. 8-7-15; 99-819, eff. 8-15-16.)
| ||||||
3 | (730 ILCS 167/25)
| ||||||
4 | Sec. 25. Procedure. | ||||||
5 | (a) The Court shall order the defendant to submit to an | ||||||
6 | eligibility screening and an
assessment through the VA, VAC, | ||||||
7 | and/or the IDVA to provide information on the defendant's | ||||||
8 | veteran
or servicemember status.
| ||||||
9 | (b) The Court shall order the defendant to submit to an | ||||||
10 | eligibility screening and mental
health and substance use | ||||||
11 | disorder drug/alcohol screening and assessment of the | ||||||
12 | defendant by the VA, VAC, or by the IDVA to
provide assessment | ||||||
13 | services for Illinois Courts. The assessment shall include a | ||||||
14 | validated clinical assessment.
The clinical assessment shall | ||||||
15 | include, but not be limited to,
assessments of substance use, | ||||||
16 | mental and behavioral health needs.
The clinical assessment | ||||||
17 | shall be administered by a qualified clinician
and used to | ||||||
18 | inform any clinical treatment plans. Clinical treatment
plans | ||||||
19 | shall be developed risks
assessment and be based , in part, | ||||||
20 | upon the known availability of treatment resources available | ||||||
21 | to
the Veterans and Servicemembers Court. The assessment shall | ||||||
22 | also include recommendations
for treatment of the conditions | ||||||
23 | which are indicating a need for treatment under the monitoring
| ||||||
24 | of the Court and be reflective of a level of risk assessed for | ||||||
25 | the individual seeking admission. An
assessment need not be |
| |||||||
| |||||||
1 | ordered if the Court finds a valid screening and/or assessment | ||||||
2 | related to
the present charge pending against the defendant | ||||||
3 | has been completed within the previous 60
days.
| ||||||
4 | (c) The judge shall inform the defendant that if the | ||||||
5 | defendant fails to meet the conditions
of the Veterans and | ||||||
6 | Servicemembers Court program, eligibility to participate in | ||||||
7 | the program may
be revoked and the defendant may be sentenced | ||||||
8 | or the prosecution continued as provided in the
Unified Code | ||||||
9 | of Corrections for the crime charged.
| ||||||
10 | (d) The defendant shall execute a written agreement with | ||||||
11 | the Court as to his or her
participation in the program and | ||||||
12 | shall agree to all of the terms and conditions of the program,
| ||||||
13 | including but not limited to the possibility of sanctions or | ||||||
14 | incarceration for failing to abide or
comply with the terms of | ||||||
15 | the program.
| ||||||
16 | (e) In addition to any conditions authorized under the | ||||||
17 | Pretrial Services Act and Section 5-6-3 of the Unified Code of | ||||||
18 | Corrections, the Court may order the defendant to complete | ||||||
19 | substance use disorder
abuse treatment in an outpatient, | ||||||
20 | inpatient, residential, or jail-based custodial treatment | ||||||
21 | program,
order the defendant to complete mental health | ||||||
22 | counseling in an inpatient or outpatient basis,
comply with | ||||||
23 | physicians' recommendation regarding medications and all | ||||||
24 | follow up treatment for any mental health diagnosis made by | ||||||
25 | the provider .
Substance
use treatment programs must be | ||||||
26 | licensed by IDPH/SUPR and
utilize evidence-based treatment. |
| |||||||
| |||||||
1 | When
referring participants to mental health treatment | ||||||
2 | programs, the
court shall prioritize providers certified as | ||||||
3 | community mental
health or behavioral health centers as | ||||||
4 | possible. The court shall
prioritize the least restrictive | ||||||
5 | treatment option when ordering
mental health or substance use | ||||||
6 | treatment for participants. The
court may order jail-based | ||||||
7 | custodial treatment if it finds that
jail-based treatment is | ||||||
8 | the least restrictive alternative based on
evidence that | ||||||
9 | efforts were made to locate less restrictive alternatives
to | ||||||
10 | secure confinement and the reasons why efforts were | ||||||
11 | unsuccessful in
locating a less restrictive alternative to | ||||||
12 | jail-based custodial treatment. This treatment may include but | ||||||
13 | is not limited to post-traumatic stress disorder, traumatic | ||||||
14 | brain
injury and depression.
| ||||||
15 | (e-5) Recognizing that individuals struggling with
mental | ||||||
16 | health, addiction and related co-occurring disorders have
| ||||||
17 | often experienced trauma, veterans and servicemembers court | ||||||
18 | programs
may include specialized service programs specifically | ||||||
19 | designed to
address trauma. These specialized services may be | ||||||
20 | offered to defendants
admitted to the mental health court | ||||||
21 | program. Judicial circuits
establishing these specialized | ||||||
22 | programs shall partner with advocates,
survivors, and service | ||||||
23 | providers in the development of the programs.
Trauma-informed | ||||||
24 | services and programming should be operated in
accordance with | ||||||
25 | best practices outlined by the Substance Abuse
and Mental | ||||||
26 | Health Service Administration's National Center for Trauma
|
| |||||||
| |||||||
1 | Informed Care (SAMHSA).
| ||||||
2 | (f) The Court may establish a mentorship program that | ||||||
3 | provides access and support to program participants by peer | ||||||
4 | recovery coaches. Courts shall be responsible to administer | ||||||
5 | the mentorship program with the support of volunteer veterans | ||||||
6 | and local veteran service organizations, including a VAC. Peer | ||||||
7 | recovery coaches shall be trained and certified by the Court , | ||||||
8 | a service provider
utilized by the court for substance use or | ||||||
9 | mental health treatment, or
be a recovery support specialist | ||||||
10 | certified by the State of Illinois.
Peer recovery coaches | ||||||
11 | shall be approved by the Court and complete
orientation with | ||||||
12 | the court team prior to being assigned to participants in the | ||||||
13 | program. | ||||||
14 | (Source: P.A. 99-314, eff. 8-7-15; 99-819, eff. 8-15-16.)
| ||||||
15 | (730 ILCS 167/30)
| ||||||
16 | Sec. 30. Mental health and substance use disorder abuse | ||||||
17 | treatment. | ||||||
18 | (a) The Veterans and Servicemembers Court program may | ||||||
19 | maintain a network of
substance use abuse treatment programs | ||||||
20 | representing a continuum of graduated substance use abuse
| ||||||
21 | treatment options commensurate with the needs of defendants; | ||||||
22 | these shall include programs with
the VA, IDVA, a VAC, the | ||||||
23 | State of Illinois and community-based programs supported and | ||||||
24 | sanctioned by
either or both.
| ||||||
25 | (b) Any substance use abuse treatment program to which |
| |||||||
| |||||||
1 | defendants are referred must be licensed by IDHS/SUPR, utilize | ||||||
2 | evidence-based treatment, and deliver all services
in | ||||||
3 | accordance with the regulations contained meet
all of the | ||||||
4 | rules and governing programs in Parts 2030 and 2060 of Title 77 | ||||||
5 | of the Illinois
Administrative Code.
| ||||||
6 | (c) The Veterans and Servicemembers Court program may, in | ||||||
7 | its discretion, employ
additional services or interventions, | ||||||
8 | as it deems necessary on a case by case basis.
| ||||||
9 | (d) The Veterans and Servicemembers Court program may | ||||||
10 | maintain or collaborate with a
network of mental health | ||||||
11 | treatment programs and, if it is a co-occurring mental health | ||||||
12 | and
substance use disorder abuse court program, a network of | ||||||
13 | substance use disorder abuse treatment programs representing a
| ||||||
14 | continuum of treatment options commensurate with the needs of | ||||||
15 | the defendant and available
resources including programs with | ||||||
16 | the VA, the IDVA, a VAC, and the State of Illinois.
When not | ||||||
17 | utilizing mental health treatment
or services available | ||||||
18 | through the VA, IDVA or VAC, partnerships
with providers | ||||||
19 | certified as community mental health or behavioral
health | ||||||
20 | centers shall be prioritized as possible.
| ||||||
21 | (Source: P.A. 99-819, eff. 8-15-16.)
| ||||||
22 | (730 ILCS 167/35)
| ||||||
23 | Sec. 35. Violation; termination; discharge. | ||||||
24 | (a) If the Court finds from the evidence presented | ||||||
25 | including but not limited to the reports
or proffers of proof |
| |||||||
| |||||||
1 | from the Veterans and Servicemembers Court professionals that:
| ||||||
2 | (1) the defendant is not performing satisfactorily in | ||||||
3 | the assigned program; | ||||||
4 | (2) the defendant is not benefitting from education, | ||||||
5 | treatment, or rehabilitation; | ||||||
6 | (3) the defendant has engaged in criminal conduct | ||||||
7 | rendering him or her
unsuitable for the program; or
| ||||||
8 | (4) the defendant has otherwise violated the terms and | ||||||
9 | conditions of the program
or his or her sentence or is for | ||||||
10 | any reason unable to participate; the Court may impose | ||||||
11 | reasonable sanctions under prior written agreement of the
| ||||||
12 | defendant, including but not limited to imprisonment or | ||||||
13 | dismissal of the defendant from the
program and the Court | ||||||
14 | may reinstate criminal proceedings against him or her or | ||||||
15 | proceed under
Section 5-6-4 of the Unified Code of | ||||||
16 | Corrections for a violation of probation, conditional
| ||||||
17 | discharge, or supervision hearing. | ||||||
18 | (b) Upon successful completion of the terms and conditions | ||||||
19 | of the program, the Court
may dismiss the original charges | ||||||
20 | against the defendant or successfully terminate the | ||||||
21 | defendant's
sentence or otherwise discharge him or her from | ||||||
22 | any further proceedings against him or her in
the original | ||||||
23 | prosecution.
| ||||||
24 | (c) Upon successful completion of the terms and conditions | ||||||
25 | of
the program, any State's Attorney in the county of | ||||||
26 | conviction may
move to vacate any convictions eligible for |
| |||||||
| |||||||
1 | sealing under the Criminal
Identification Act. Defendants may | ||||||
2 | immediately file
petitions to expunge vacated convictions and | ||||||
3 | the associated underlying
records per the Criminal | ||||||
4 | Identification Act. In cases where the State's
Attorney moves | ||||||
5 | to vacate a conviction, the State's
Attorney may not object to | ||||||
6 | expungement
of that conviction or the underlying record. | ||||||
7 | (d) Veterans and servicemembers court programs may | ||||||
8 | maintain or
collaborate with a network of legal aid | ||||||
9 | organizations that specialize in
conviction relief to support | ||||||
10 | participants navigating the expungement
and sealing process.
| ||||||
11 | (Source: P.A. 96-924, eff. 6-14-10.)
| ||||||
12 | (730 ILCS 167/40 new) | ||||||
13 | Sec. 40. Education seminars for judges. The Administrative
| ||||||
14 | Office of the Illinois Courts shall conduct education seminars
| ||||||
15 | for judges throughout the State on how to operate Veterans and
| ||||||
16 | Servicemembers Court Programs.
| ||||||
17 | (730 ILCS 167/45 new) | ||||||
18 | Sec. 45. Education seminars for Veterans and | ||||||
19 | Servicemembers
Court prosecutors. Subject to appropriation, | ||||||
20 | the Office of the
State's Attorneys Appellate Prosecutor shall | ||||||
21 | conduct mandatory
education seminars on the subjects of | ||||||
22 | substance use disorders, addiction
and mental health, for all | ||||||
23 | Veterans and Servicemembers Court
prosecutors throughout the | ||||||
24 | State.
|
| |||||||
| |||||||
1 | (730 ILCS 167/50 new) | ||||||
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 disorders, addiction and mental health, for all | ||||||
6 | public
defenders and assistant public defenders practicing in | ||||||
7 | Veterans
and Servicemembers Courts throughout the State.
| ||||||
8 | Section 15. The Mental Health Court Treatment Act is | ||||||
9 | amended by changing Sections 5, 10, 20, 25, 30, and 35 and by | ||||||
10 | adding Sections 45, 50, and 55 as follows:
| ||||||
11 | (730 ILCS 168/5)
| ||||||
12 | Sec. 5. Purposes. The General Assembly recognizes that a | ||||||
13 | large percentage of criminal defendants have a diagnosable | ||||||
14 | mental illness and that mental illnesses have a dramatic | ||||||
15 | effect on the criminal justice system in the State of | ||||||
16 | Illinois. The General Assembly also recognizes that mental | ||||||
17 | illness and substance use disorders abuse problems co-occur in | ||||||
18 | a substantial percentage of criminal defendants. There is a | ||||||
19 | critical need for a criminal justice system program that will | ||||||
20 | reduce the number of persons with mental illnesses and with | ||||||
21 | co-occurring mental illness and substance use disorders abuse | ||||||
22 | problems in the criminal justice system, reduce recidivism | ||||||
23 | among persons with mental illness and with co-occurring mental |
| |||||||
| |||||||
1 | illness and substance use disorders abuse problems , provide | ||||||
2 | appropriate treatment to persons with mental illnesses and | ||||||
3 | co-occurring mental illness and substance use disorders abuse | ||||||
4 | problems and reduce the incidence of crimes committed as a | ||||||
5 | result of mental illnesses or co-occurring mental illness and | ||||||
6 | substance use disorders abuse problems . It is the intent of | ||||||
7 | the General Assembly to create specialized mental health | ||||||
8 | courts with the necessary flexibility to meet the needs | ||||||
9 | problems of criminal defendants with mental illnesses and | ||||||
10 | co-occurring mental illness and substance use disorders abuse | ||||||
11 | problems in the State of Illinois.
| ||||||
12 | (Source: P.A. 95-606, eff. 6-1-08 .)
| ||||||
13 | (730 ILCS 168/10)
| ||||||
14 | Sec. 10. Definitions. As used in this Act: | ||||||
15 | "Mental health court", "mental health court program", or | ||||||
16 | "program" means a structured judicial intervention process for | ||||||
17 | mental health treatment of eligible defendants that brings | ||||||
18 | together mental health professionals, local social programs, | ||||||
19 | and intensive judicial monitoring. | ||||||
20 | "Mental health court professional" means a member of the | ||||||
21 | mental health court team, including
but not limited to a | ||||||
22 | judge, prosecutor, defense attorney, probation officer, | ||||||
23 | coordinator, treatment provider, or peer recovery coach. | ||||||
24 | "Pre-adjudicatory mental health court program" means a | ||||||
25 | program that allows the defendant, with the consent of the |
| |||||||
| |||||||
1 | prosecution, to expedite the defendant's criminal case before | ||||||
2 | conviction or before filing of a criminal case and requires | ||||||
3 | successful completion of the mental health court program as | ||||||
4 | part of the agreement. | ||||||
5 | "Post-adjudicatory mental health court program" means a | ||||||
6 | program in which the defendant has admitted guilt or has been | ||||||
7 | found guilty and agrees, along with the prosecution, to enter | ||||||
8 | a mental health court program as part of the defendant's | ||||||
9 | sentence. | ||||||
10 | "Combination mental health court program" means a mental | ||||||
11 | health court program that
includes a pre-adjudicatory mental | ||||||
12 | health court program and a post-adjudicatory mental health | ||||||
13 | court program. | ||||||
14 | "Co-occurring mental health and substance use abuse court | ||||||
15 | program" means a program that includes persons with | ||||||
16 | co-occurring mental illness and substance use disorder abuse | ||||||
17 | problems . Such programs
shall include professionals with | ||||||
18 | training and experience in treating persons with substance use | ||||||
19 | disorders abuse problems and mental illness.
| ||||||
20 | "Clinical treatment plan" means an evidence-based,
| ||||||
21 | comprehensive, and individualized plan that defines the scope | ||||||
22 | of
treatment services to be delivered by a treatment provider. | ||||||
23 | "Validated clinical assessment" may include assessment | ||||||
24 | tools
required by public or private insurance. | ||||||
25 | "Peer recovery coach" means a mentor assigned to a | ||||||
26 | defendant
during participation in a mental health treatment |
| |||||||
| |||||||
1 | court program who has been
trained by the court, a service | ||||||
2 | provider utilized
by the court for substance use or mental | ||||||
3 | health treatment, or be a
recovery support specialist | ||||||
4 | certified by the State of Illinois.
Peer recovery coaches | ||||||
5 | should be individuals with lived experience
and shall guide | ||||||
6 | and mentor the participant to successfully complete
assigned | ||||||
7 | requirements and work to help facilitate participants'
| ||||||
8 | independence for continued success once the supports of the | ||||||
9 | court are
no longer available to them.
| ||||||
10 | (Source: P.A. 97-946, eff. 8-13-12.)
| ||||||
11 | (730 ILCS 168/20) | ||||||
12 | Sec. 20. Eligibility. | ||||||
13 | (a) A defendant, who is eligible for probation based on | ||||||
14 | the nature of the crime convicted of and in consideration of | ||||||
15 | his or her criminal background, if any, may be admitted into a | ||||||
16 | mental health court program only upon the agreement of the | ||||||
17 | defendant and with the approval of the court. | ||||||
18 | (b) A defendant shall be excluded from a mental health | ||||||
19 | court program if any one of the following applies: | ||||||
20 | (1) The crime is a crime of violence as set forth in | ||||||
21 | clause (3) of this subsection (b). | ||||||
22 | (2) The defendant does not demonstrate a willingness | ||||||
23 | to participate in a treatment program. | ||||||
24 | (3) The defendant has been convicted of a crime of | ||||||
25 | violence within the past 10 years excluding incarceration |
| |||||||
| |||||||
1 | time. As used in this paragraph (3), "crime of violence" | ||||||
2 | means: first degree murder, second degree murder, | ||||||
3 | predatory criminal sexual assault of a child, aggravated | ||||||
4 | criminal sexual assault, criminal sexual assault, armed | ||||||
5 | robbery, aggravated arson, arson, aggravated kidnapping, | ||||||
6 | kidnapping, aggravated battery resulting in great bodily | ||||||
7 | harm or permanent disability, stalking, aggravated | ||||||
8 | stalking, or any offense involving the discharge of a | ||||||
9 | firearm. | ||||||
10 | (4) (Blank). | ||||||
11 | (5) The crime for which the defendant has been | ||||||
12 | convicted is non-probationable. | ||||||
13 | (6) The sentence imposed on the defendant, whether the | ||||||
14 | result of a plea or a finding of guilt, renders the | ||||||
15 | defendant ineligible for probation.
| ||||||
16 | (c) A defendant charged with prostitution under Section | ||||||
17 | 11-14 of the Criminal Code of 2012 may be admitted into a | ||||||
18 | mental health court program, if available in the jurisdiction | ||||||
19 | and provided that the requirements in subsections (a) and (b) | ||||||
20 | are satisfied. Mental health court programs may include | ||||||
21 | specialized service programs specifically designed to address | ||||||
22 | the trauma associated with prostitution and human trafficking, | ||||||
23 | and may offer those specialized services to defendants | ||||||
24 | admitted to the mental health court program. Judicial circuits | ||||||
25 | establishing these specialized programs shall partner with | ||||||
26 | prostitution and human trafficking advocates, survivors, and |
| |||||||
| |||||||
1 | service providers in the development of the programs. | ||||||
2 | (Source: P.A. 100-426, eff. 1-1-18 .)
| ||||||
3 | (730 ILCS 168/25)
| ||||||
4 | Sec. 25. Procedure. | ||||||
5 | (a) The court shall require an eligibility screening and | ||||||
6 | an assessment of the defendant. The assessment shall include a
| ||||||
7 | validated clinical assessment. The clinical assessment shall | ||||||
8 | include,
but not be limited to, assessments of substance use | ||||||
9 | disorder, mental and
behavioral health needs. The clinical | ||||||
10 | assessment shall be administered
by a qualified clinician and | ||||||
11 | used to inform any clinical treatment plans.
Clinical | ||||||
12 | treatment plans shall be developed, in part, upon the known
| ||||||
13 | availability of treatment resources available. Assessments for | ||||||
14 | substance
use disorder shall be conducted in accordance with | ||||||
15 | the Illinois
Department of Human Services/Division of | ||||||
16 | Substance Use Prevention and
Recovery (IDHS/SUPR) regulations | ||||||
17 | contained in Part 2060 of Title 77 of
the Illinois | ||||||
18 | Administrative Code, and conducted by individuals who meet
the | ||||||
19 | IDHS/SUPR regulations for professional staff also contained | ||||||
20 | within
that Code. An assessment need not be ordered if the | ||||||
21 | court finds a valid assessment related to the present charge | ||||||
22 | pending against the defendant has been completed within the | ||||||
23 | previous 60 days. | ||||||
24 | (b) The judge shall inform the defendant that if the | ||||||
25 | defendant fails to meet the requirements of the mental health |
| |||||||
| |||||||
1 | court program, eligibility to participate in the program may | ||||||
2 | be revoked and the defendant may be sentenced or the | ||||||
3 | prosecution continued, as provided in the Unified Code of | ||||||
4 | Corrections, for the crime charged. | ||||||
5 | (c) The defendant shall execute a written agreement as to | ||||||
6 | his or her participation in the program and shall agree to all | ||||||
7 | of the terms and conditions of the program, including but not | ||||||
8 | limited to the possibility of sanctions or incarceration for | ||||||
9 | failing to abide or comply with the terms of the program. | ||||||
10 | (d) In addition to any conditions authorized under the | ||||||
11 | Pretrial Services Act and Section 5-6-3 of the Unified Code of | ||||||
12 | Corrections, the court may order the defendant to complete | ||||||
13 | mental health or substance use disorder abuse treatment in an | ||||||
14 | outpatient, inpatient, residential, or jail-based custodial | ||||||
15 | treatment program , order the defendant to
complete mental | ||||||
16 | health counseling in an inpatient or outpatient basis,
comply | ||||||
17 | with physicians' recommendation regarding medications and all
| ||||||
18 | follow up treatment for any mental health diagnosis made by | ||||||
19 | the provider.
Substance use disorder treatment programs must | ||||||
20 | be
licensed by IDHS/SUPR and utilize evidence-based treatment. | ||||||
21 | When referring participants to mental health treatment
| ||||||
22 | programs, the court shall prioritize providers certified as | ||||||
23 | community
mental health or behavioral health centers as | ||||||
24 | possible. The court shall
prioritize the least restrictive | ||||||
25 | treatment option when ordering
mental health or substance use | ||||||
26 | treatment for participants. The
court may order jail-based |
| |||||||
| |||||||
1 | custodial treatment if it finds that
jail-based treatment is | ||||||
2 | the least restrictive alternative based on
evidence that | ||||||
3 | efforts were made to locate less restrictive alternatives
to | ||||||
4 | secure confinement and the reasons why efforts were | ||||||
5 | unsuccessful in
locating a less restrictive alternative to | ||||||
6 | jail-based custodial treatment . Any period of time a defendant | ||||||
7 | shall serve in a jail-based treatment program may not be | ||||||
8 | reduced by the accumulation of good time or other credits and | ||||||
9 | may be for a 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 IDHS/SUPR licensed substance use disorder | ||||||
16 | treatment organizations.
Peer recovery coaches shall be | ||||||
17 | trained by the court,
a service provider utilized by the court | ||||||
18 | for substance use or mental
health treatment, or be a recovery | ||||||
19 | support specialist certified by the
State of Illinois. Peer | ||||||
20 | recovery coaches shall be approved by the Court
and complete | ||||||
21 | orientation with the court team prior to being assigned to | ||||||
22 | 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 | disorder 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 disorder abuse treatment program to | ||||||
9 | which defendants are referred must be licensed by the State of | ||||||
10 | Illinois
as SUPR providers, utilize evidence-based treatment, | ||||||
11 | and meet all of the rules and governing programs in Parts 2030 | ||||||
12 | and 2060 of Title 77 of the 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, the State's Attorney may not object to | ||||||
12 | expungement
of 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 disorder, | ||||||
4 | addiction and mental health, for all prosecutors
serving in | ||||||
5 | Mental 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 disorder,
addiction, and mental health, for all | ||||||
11 | public defenders and assistant public
defenders practicing in | ||||||
12 | Mental Health courts throughout the State. ".
|