Bill Amendment: IL SB3401 | 2015-2016 | 99th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: VETERANS/SERVICEMEMBERS COURT

Status: 2016-08-15 - Public Act . . . . . . . . . 99-0819 [SB3401 Detail]

Download: Illinois-2015-SB3401-Senate_Amendment_001.html

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Sen. Melinda Bush

Filed: 4/14/2016

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AMENDMENT TO SENATE BILL 3401
AMENDMENT NO. ______. Amend Senate Bill 3401 by replacing
everything after the enacting clause with the following:
"Section 5. The Veterans and Servicemembers Court
Treatment Act is amended by changing Sections 10, 25, and 30 as
follows:
(730 ILCS 167/10)
Sec. 10. Definitions. In this Act:
"Combination Veterans and Servicemembers Court program"
means a court program that includes a pre-adjudicatory and a
post-adjudicatory Veterans and Servicemembers court program.
"Court" means Veterans and Servicemembers Court.
"IDVA" means the Illinois Department of Veterans' Affairs.
"Peer recovery coach" means a volunteer veteran mentor
assigned to a veteran or servicemember during participation in
a veteran treatment court program who has been trained and

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certified by the court to guide and mentor the participant to
successfully complete the assigned requirements.
"Post-adjudicatory Veterans and Servicemembers Court
Program" means a program in which the defendant has admitted
guilt or has been found guilty and agrees, along with the
prosecution, to enter a Veterans and Servicemembers Court
program as part of the defendant's sentence.
"Pre-adjudicatory Veterans and Servicemembers Court
Program" means a program that allows the defendant with the
consent of the prosecution, to expedite the defendant's
criminal case before conviction or before filing of a criminal
case and requires successful completion of the Veterans and
Servicemembers Court programs as part of the agreement.
"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.
"VA" means the United States Department of Veterans'
Affairs.
"VAC" means a veterans assistance commission.
"Veteran" means a person who served in the active military,
naval, or air service and who was discharged or released
therefrom under conditions other than dishonorable.
"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, or peer

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recovery coach.
"Veterans and Servicemembers Court" means a court or
program with an immediate and highly structured judicial
intervention process for substance abuse treatment, mental
health, or other assessed treatment needs of eligible veteran
and servicemember defendants that brings together substance
abuse professionals, mental health professionals, VA
professionals, local social programs and intensive judicial
monitoring in accordance with the nationally recommended 10 key
components of drug courts.
(Source: P.A. 99-314, eff. 8-7-15.)
(730 ILCS 167/25)
Sec. 25. Procedure.
(a) The Court shall order the defendant to submit to an
eligibility screening and an assessment through the VA, VAC,
and/or the IDVA to provide information on the defendant's
veteran or servicemember status.
(b) The Court shall order the defendant to submit to an
eligibility screening and mental health and drug/alcohol
screening and assessment of the defendant by the VA, VAC, or by
the IDVA to provide assessment services for Illinois Courts.
The assessment shall include a risks assessment and be based,
in part, upon the known availability of treatment resources
available to the Veterans and Servicemembers Court. The
assessment shall also include recommendations for treatment of

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the conditions which are indicating a need for treatment under
the monitoring of the Court and be reflective of a level of
risk assessed for the individual seeking admission. An
assessment need not be ordered if the Court finds a valid
screening and/or assessment related to the present charge
pending against the defendant has been completed within the
previous 60 days.
(c) The judge shall inform the defendant that if the
defendant fails to meet the conditions of the Veterans and
Servicemembers Court program, eligibility to participate in
the program may be revoked and the defendant may be sentenced
or the prosecution continued as provided in the Unified Code of
Corrections for the crime charged.
(d) The defendant shall execute a written agreement with
the Court as to his or her participation in the program and
shall agree to all of the terms and conditions of the program,
including but not limited to the possibility of sanctions or
incarceration for failing to abide or comply with the terms of
the program.
(e) In addition to any conditions authorized under the
Pretrial Services Act and Section 5-6-3 of the Unified Code of
Corrections, the Court may order the defendant to complete
substance abuse treatment in an outpatient, inpatient,
residential, or jail-based custodial treatment program, order
the defendant to complete mental health counseling in an
inpatient or outpatient basis, comply with physicians'

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recommendation regarding medications and all follow up
treatment. This treatment may include but is not limited to
post-traumatic stress disorder, traumatic brain injury and
depression.
(f) The Court may establish a mentorship program that
provides access and support to program participants by peer
recovery coaches. Courts shall be responsible to administer the
mentorship program with the support of volunteer veterans and
local veteran service organizations, including a VAC. Peer
recovery coaches shall be trained and certified by the Court
prior to being assigned to participants in the program.
(Source: P.A. 99-314, eff. 8-7-15.)
(730 ILCS 167/30)
Sec. 30. Mental health and substance abuse treatment.
(a) The Veterans and Servicemembers Court program may
maintain a network of substance abuse treatment programs
representing a continuum of graduated substance abuse
treatment options commensurate with the needs of defendants;
these shall include programs with the VA, IDVA, a VAC, the
State of Illinois and community-based programs supported and
sanctioned by either or both.
(b) Any substance abuse treatment program to which
defendants are referred must meet all of the rules and
governing programs in Parts 2030 and 2060 of Title 77 of the
Illinois Administrative Code.

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(c) The Veterans and Servicemembers Court program may, in
its discretion, employ additional services or interventions,
as it deems necessary on a case by case basis.
(d) The Veterans and Servicemembers Court program may
maintain or collaborate with a network of mental health
treatment programs and, if it is a co-occurring mental health
and substance abuse court program, a network of substance abuse
treatment programs representing a continuum of treatment
options commensurate with the needs of the defendant and
available resources including programs with the VA, the IDVA, a
VAC, and the State of Illinois.
(Source: P.A. 96-924, eff. 6-14-10.)
Section 99. Effective date. This Act takes effect upon
becoming law.".