|
| | HB3850 Engrossed | | LRB102 16552 KMF 21948 b |
|
|
1 | | AN ACT concerning criminal law.
|
2 | | Be it enacted by the People of the State of Illinois,
|
3 | | represented in the General Assembly:
|
4 | | Section 5. The Drug Court Treatment Act is amended by |
5 | | changing Sections 5, 10, 25, 30, and 35 as follows:
|
6 | | (730 ILCS 166/5)
|
7 | | Sec. 5. Purposes. The General Assembly recognizes that |
8 | | individuals struggling with drug and alcohol dependency or
|
9 | | addiction and substance abuse problems may come into contact
|
10 | | with the criminal justice system and be charged with felony or
|
11 | | misdemeanor offenses. The General Assembly also recognizes
|
12 | | that substance abuse issues 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 |
17 | | struggling
with these issues, provide alternatives to |
18 | | incarceration to
address incidences a criminal justice system |
19 | | program
that
will reduce the incidence of drug use, drug |
20 | | addiction, and provide appropriate
access to treatment and |
21 | | support to persons with substance abuse
issues crimes |
22 | | committed as
a
result of drug use and drug addiction . It is the |
23 | | intent of the General Assembly
to create specialized drug |
|
| | HB3850 Engrossed | - 2 - | LRB102 16552 KMF 21948 b |
|
|
1 | | courts , in accordance with national best practices,
for |
2 | | addressing addiction and co-occurring disorders with the |
3 | | necessary flexibility to meet the needs for an array of |
4 | | services and
supports among participants in
drug court |
5 | | programs problems in the State of Illinois.
|
6 | | (Source: P.A. 92-58, eff. 1-1-02.)
|
7 | | (730 ILCS 166/10)
|
8 | | Sec. 10. Definitions. As used in this Act:
|
9 | | "Drug court", "drug court program", or "program" means an |
10 | | immediate and
highly
structured judicial intervention process |
11 | | for substance abuse treatment of
eligible defendants that |
12 | | brings together substance abuse professionals, local
social |
13 | | programs, and intensive judicial monitoring in accordance with |
14 | | the
nationally recommended 10 key components of drug courts.
|
15 | | "Drug court professional" means a member of the drug court |
16 | | team, including but not limited to
a judge, prosecutor, |
17 | | defense attorney,
probation officer, coordinator, licensed |
18 | | treatment provider, or peer recovery coach.
|
19 | | "Pre-adjudicatory drug court program" means a program that |
20 | | allows
the defendant,
with the consent of the prosecution, to |
21 | | expedite the defendant's criminal case
before conviction or |
22 | | before filing of a criminal case and requires successful
|
23 | | completion of the drug court program as part of the agreement.
|
24 | | "Post-adjudicatory drug court program" means a program in |
25 | | which the
defendant has admitted
guilt
or has been found |
|
| | HB3850 Engrossed | - 3 - | LRB102 16552 KMF 21948 b |
|
|
1 | | guilty and agrees, along with the prosecution, to enter a
drug
|
2 | | court program as part of the defendant's sentence.
|
3 | | "Combination drug court program" means a drug court |
4 | | program that includes a
pre-adjudicatory drug court program |
5 | | and a post-adjudicatory drug court program.
|
6 | | "Clinical Treatment Plan" means an evidence-based,
|
7 | | comprehensive, and individualized plan that defines the scope |
8 | | of
treatment services to be delivered by a PSC treatment |
9 | | provider. |
10 | | "Peer recovery coach" means a mentor assigned to a |
11 | | defendant
during participation in a drug treatment court |
12 | | program who has been
trained and certified by the court to |
13 | | guide and mentor the participant
to successfully complete the |
14 | | assigned requirements. Peer recovery
coaches should be |
15 | | individuals with lived experience and work to
help facilitate |
16 | | participants' independence for continued success
once the |
17 | | supports of the court are no longer available to them. |
18 | | (Source: P.A. 97-946, eff. 8-13-12.)
|
19 | | (730 ILCS 166/25)
|
20 | | Sec. 25. Procedure.
|
21 | | (a) The court shall order an eligibility screening and an |
22 | | assessment of the
defendant by an agent designated by the |
23 | | State of Illinois to provide assessment
services for the |
24 | | Illinois Courts. The assessment shall include a validated |
25 | | clinical assessment.
The clinical assessment shall include, |
|
| | HB3850 Engrossed | - 4 - | LRB102 16552 KMF 21948 b |
|
|
1 | | but not be limited to,
assessments of substance use, mental |
2 | | and behavioral health needs.
The clinical assessment shall be |
3 | | administered by a qualified clinician
and used to inform any |
4 | | Clinical Treatment Plans. Clinical Treatment
Plans shall be |
5 | | developed, in part, upon the known availability of
treatment |
6 | | resources available. An assessment need not be ordered if the
|
7 | | court finds a valid assessment related to the present charge |
8 | | pending against
the defendant has been completed within the |
9 | | previous 60 days.
|
10 | | (b) The judge shall inform the defendant that if the |
11 | | defendant fails to
meet the conditions of the drug court |
12 | | program, eligibility to participate in
the
program may be |
13 | | revoked and the defendant may be sentenced or the prosecution
|
14 | | continued as provided in
the
Unified Code of Corrections for |
15 | | the crime charged.
|
16 | | (c) The defendant shall execute a written agreement as to |
17 | | his or her
participation in the program and shall agree to all |
18 | | of the terms and conditions
of the program, including but not |
19 | | limited to the possibility of sanctions or
incarceration for |
20 | | failing to abide or comply with the terms of the program.
|
21 | | (d) In addition to any conditions authorized under the |
22 | | Pretrial Services
Act and Section 5-6-3 of the Unified Code of |
23 | | Corrections, the court may order
the defendant to complete |
24 | | substance abuse treatment in an outpatient,
inpatient,
|
25 | | residential, or jail-based custodial treatment program. |
26 | | Substance abuse treatment
programs must be licensed by the |
|
| | HB3850 Engrossed | - 5 - | LRB102 16552 KMF 21948 b |
|
|
1 | | State of Illinois as a Substance Use
Prevention and Recovery |
2 | | (SUPR) provider. The court may also order the
defendant to |
3 | | complete mental health counseling in an inpatient or |
4 | | outpatient
basis, in accordance with a physician's |
5 | | recommendation and comply with
physicians' recommendations |
6 | | regarding medications and all follow up
treatment. This |
7 | | treatment may be for conditions including but not limited to |
8 | | trauma, port-traumatic stress disorder, traumatic brain injury |
9 | | and depression. Any period of time a
defendant shall serve in a |
10 | | jail-based treatment program may not be reduced by
the |
11 | | accumulation of good time or other credits and may be for a |
12 | | period of up to
120 days.
|
13 | | (e) The drug court program shall include a regimen of |
14 | | graduated
requirements and rewards and sanctions, including |
15 | | but not limited to: fines,
fees, costs, restitution, |
16 | | incarceration of up to 180 days, individual and group
therapy, |
17 | | drug
analysis testing, close monitoring by the court at a |
18 | | minimum of once every 30
days
and supervision of progress, |
19 | | educational or vocational counseling as
appropriate, and other
|
20 | | requirements necessary to fulfill the drug court program. If |
21 | | the defendant needs treatment for opioid abuse or dependence, |
22 | | the court may not prohibit the defendant from participating in |
23 | | and
receiving medication assisted treatment under the care of
|
24 | | a physician licensed in this State to practice medicine in all
|
25 | | of its branches. Drug court participants may not be required |
26 | | to refrain from using medication assisted treatment as a term |
|
| | HB3850 Engrossed | - 6 - | LRB102 16552 KMF 21948 b |
|
|
1 | | or condition of successful completion of the drug court |
2 | | program. |
3 | | (f) Recognizing that individuals struggling with mental
|
4 | | health, addiction, and related co-occurring disorders have |
5 | | often
experienced trauma, drug court programs may include |
6 | | specialized
service programs specifically designed to address |
7 | | trauma. These
specialized services may be offered to |
8 | | defendants admitted to the
drug court program. Judicial |
9 | | circuits establishing these specialized
programs shall partner |
10 | | with advocates, survivors, and service providers
in the |
11 | | development of the programs. Trauma-informed services and
|
12 | | programming should be operated in accordance with best |
13 | | practices
outlined by the Substance Abuse and Mental Health |
14 | | Service
Administration's National Center for Trauma Informed |
15 | | Care (SAMHSA). |
16 | | (g) The court may establish a mentorship program that
|
17 | | provides access and support to program participants by peer
|
18 | | recovery coaches. Courts shall be responsible to administer |
19 | | the
mentorship program with the support of mentors and local |
20 | | mental
health and substance abuse treatment organizations, |
21 | | recovery coaches
shall be trained and licensed by the court |
22 | | prior to being assigned to
participants in the program.
|
23 | | (Source: P.A. 99-554, eff. 1-1-17 .)
|
24 | | (730 ILCS 166/30)
|
25 | | Sec. 30. Mental health and substance Substance abuse |
|
| | HB3850 Engrossed | - 7 - | LRB102 16552 KMF 21948 b |
|
|
1 | | treatment.
|
2 | | (a) The drug court program shall maintain a network of |
3 | | substance abuse
treatment programs representing a continuum of |
4 | | graduated substance abuse
treatment options commensurate with |
5 | | the needs of defendants ; these shall include programs with the
|
6 | | State of Illinois and community-based programs supported,
|
7 | | sanctioned, and licensed as SUPR providers by the State of |
8 | | Illinois .
|
9 | | (b) Any substance abuse treatment program to which |
10 | | defendants are referred
must be licensed by the State of |
11 | | Illinois
as SUPR providers, meet all of the rules and |
12 | | governing programs in
Parts 2030 and 2060 of Title 77 of the |
13 | | Illinois Administrative Code.
|
14 | | (c) The drug court program may, at its discretion, employ |
15 | | additional
services or
interventions, as it deems necessary on |
16 | | a case by case basis. |
17 | | (d) The Drug Court program may maintain or collaborate |
18 | | with
a network of mental health treatment programs |
19 | | representing a
continuum of treatment options commensurate |
20 | | with the needs of the
defendant and available resources |
21 | | including programs with the State
of Illinois and |
22 | | community-based programs supported and sanctioned by
the State |
23 | | of Illinois.
|
24 | | (Source: P.A. 92-58, eff. 1-1-02.)
|
25 | | (730 ILCS 166/35)
|
|
| | HB3850 Engrossed | - 8 - | LRB102 16552 KMF 21948 b |
|
|
1 | | Sec. 35. Violation; termination; discharge.
|
2 | | (a) If the court finds from the evidence presented |
3 | | including but not limited
to the reports or
proffers of proof |
4 | | from the drug court professionals that:
|
5 | | (1) the defendant is not performing
satisfactorily
in |
6 | | the assigned program;
|
7 | | (2) the defendant is not benefitting from education,
|
8 | | treatment, or rehabilitation;
|
9 | | (3) the defendant has engaged in criminal
conduct
|
10 | | rendering him or her unsuitable for the program; or
|
11 | | (4) the defendant has
otherwise
violated the terms and |
12 | | conditions of the program or his or her sentence or is
for |
13 | | any reason unable to participate;
|
14 | | the court may impose reasonable sanctions
under prior written |
15 | | agreement of the defendant, including but not limited to
|
16 | | imprisonment or dismissal of the defendant from the program |
17 | | and the court may
reinstate
criminal proceedings against him |
18 | | or her or proceed under Section 5-6-4 of the
Unified Code of |
19 | | Corrections for a violation of probation,
conditional |
20 | | discharge,
or supervision hearing. |
21 | | (a-5) A defendant who is assigned to a substance abuse |
22 | | treatment program under this Act for opioid abuse or |
23 | | dependence is not in violation of the terms or conditions of |
24 | | the program on the basis of his or her participation in |
25 | | medication assisted treatment under the care of a physician |
26 | | licensed in this State to practice medicine in all of its |
|
| | HB3850 Engrossed | - 9 - | LRB102 16552 KMF 21948 b |
|
|
1 | | branches.
|
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 may move to vacate any |
10 | | convictions
eligible for sealing under the Criminal |
11 | | Identification Act. Defendants may immediately file petitions |
12 | | to expunge vacated
convictions and the associated underlying |
13 | | records per the Criminal
Identification Act. In cases where |
14 | | the State's Attorney moves to vacate
a conviction, they may |
15 | | not object to expungement of that conviction
or the underlying |
16 | | record. |
17 | | (d) The drug court program may maintain or collaborate |
18 | | with
a network of legal aid organizations that specialize in |
19 | | conviction
relief to support participants navigating the |
20 | | expungement and sealing
process. |
21 | | (Source: P.A. 99-554, eff. 1-1-17 .)
|
22 | | Section 10. The Veterans and Servicemembers Court
|
23 | | Treatment Act is amended by changing Section 10, 20, 25, and 35 |
24 | | and by adding Sections 40, 45, and 50 as follows:
|
|
| | HB3850 Engrossed | - 10 - | LRB102 16552 KMF 21948 b |
|
|
1 | | (730 ILCS 167/10)
|
2 | | Sec. 10. Definitions. In this Act: |
3 | | "Combination Veterans and Servicemembers Court program" |
4 | | means a court program that
includes a pre-adjudicatory and a |
5 | | post-adjudicatory Veterans and Servicemembers court
program.
|
6 | | "Court" means Veterans and Servicemembers Court. |
7 | | "IDVA" means the Illinois Department of Veterans' Affairs. |
8 | | "Peer recovery coach" means a volunteer veteran mentor |
9 | | assigned to a veteran or servicemember during participation in |
10 | | a veteran treatment court program who has been trained and |
11 | | certified by the court to guide and mentor the participant to |
12 | | successfully complete the assigned requirements. Peer recovery
|
13 | | coaches shall work to help facilitate participants' |
14 | | independence
for continued success once the supports of the |
15 | | court are no longer
available to them. |
16 | | "Post-adjudicatory Veterans and Servicemembers Court |
17 | | Program" means a program in
which the defendant has admitted |
18 | | guilt or has been found guilty and agrees, along with the
|
19 | | prosecution, to enter a Veterans and Servicemembers Court |
20 | | program as part of the defendant's
sentence.
|
21 | | "Pre-adjudicatory Veterans and Servicemembers Court |
22 | | Program" means a program that
allows the defendant with the |
23 | | consent of the prosecution, to expedite the defendant's |
24 | | criminal
case before conviction or before filing of a criminal |
25 | | case and requires successful completion of
the Veterans and |
26 | | Servicemembers Court programs as part of the agreement.
|
|
| | HB3850 Engrossed | - 11 - | LRB102 16552 KMF 21948 b |
|
|
1 | | "Servicemember" means a person who is currently serving in |
2 | | the Army, Air Force,
Marines, Navy, or Coast Guard on active |
3 | | duty, reserve status or in the National Guard.
|
4 | | "VA" means the United States Department of Veterans' |
5 | | Affairs. |
6 | | "VAC" means a veterans assistance commission. |
7 | | "Veteran" means a person who served in the active |
8 | | military, naval, or air service and who
was discharged or |
9 | | released therefrom under conditions other than dishonorable.
|
10 | | "Veterans and Servicemembers Court professional" means a |
11 | | member of the Veterans and
Servicemembers Court team, |
12 | | including but not limited to a judge, prosecutor, defense
|
13 | | attorney, probation officer, coordinator, treatment provider, |
14 | | or peer recovery coach.
|
15 | | "Veterans and Servicemembers Court" means a court or |
16 | | program with an immediate and
highly structured judicial |
17 | | intervention process for substance abuse treatment, mental |
18 | | health, or
other assessed treatment needs of eligible veteran |
19 | | and servicemember defendants that brings
together substance |
20 | | abuse professionals, mental health professionals, VA |
21 | | professionals, local
social programs and intensive judicial |
22 | | monitoring in accordance with the nationally
recommended 10 |
23 | | key components of drug courts.
|
24 | | "Clinical Treatment Plan" means an evidence-based,
|
25 | | comprehensive, and individualized plan that defines the scope |
26 | | of
treatment services to be delivered by a PSC treatment |
|
| | HB3850 Engrossed | - 12 - | LRB102 16552 KMF 21948 b |
|
|
1 | | provider. |
2 | | (Source: P.A. 99-314, eff. 8-7-15; 99-819, eff. 8-15-16.)
|
3 | | (730 ILCS 167/20) |
4 | | Sec. 20. Eligibility. Veterans and Servicemembers are |
5 | | eligible for Veterans and
Servicemembers Courts, provided the |
6 | | following:
|
7 | | (a) A defendant, who is eligible for probation based on |
8 | | the nature of the crime convicted of and in consideration of |
9 | | his or her criminal background, if any, may be admitted into a |
10 | | Veterans and Servicemembers Court program
before adjudication |
11 | | only upon the agreement of the defendant and with the approval |
12 | | of the Court.
A defendant may be admitted into a Veterans and |
13 | | Servicemembers Court program post-adjudication only with the |
14 | | approval of the court. |
15 | | (b) A defendant shall be excluded from Veterans and |
16 | | Servicemembers Court program if
any of one of the following |
17 | | applies:
|
18 | | (1) The crime is a crime of violence as set forth in |
19 | | clause (3) of this subsection (b). |
20 | | (2) The defendant does not demonstrate a willingness |
21 | | to participate in a treatment
program.
|
22 | | (3) The defendant has been convicted of a crime of |
23 | | violence within the past 10
years excluding incarceration |
24 | | time, including first degree murder,
second degree murder, |
25 | | predatory criminal sexual assault of a child, aggravated |
|
| | HB3850 Engrossed | - 13 - | LRB102 16552 KMF 21948 b |
|
|
1 | | criminal
sexual assault, criminal sexual assault, armed |
2 | | robbery, aggravated arson, arson,
aggravated kidnapping |
3 | | and kidnapping, aggravated battery resulting in great |
4 | | bodily harm
or permanent disability, stalking, aggravated |
5 | | stalking, or any offense involving the
discharge of a |
6 | | firearm. |
7 | | (4) (Blank).
|
8 | | (5) The crime for which the defendant has been |
9 | | convicted is non-probationable. |
10 | | (6) The sentence imposed on the defendant, whether the |
11 | | result of a plea or a finding of guilt, renders the |
12 | | defendant ineligible for probation.
|
13 | | (c) Recognizing that individuals struggling with
mental |
14 | | health, addiction, and related co-occurring disorders have
|
15 | | often experienced trauma, veterans and servicemembers court |
16 | | programs
may include specialized service programs specifically |
17 | | designed to
address trauma. These specialized services may be |
18 | | offered to defendants
admitted to the mental health court |
19 | | program. Judicial circuits
establishing these specialized |
20 | | programs shall partner with advocates,
survivors, and service |
21 | | providers in the development of the programs.
Trauma-informed |
22 | | services and programming should be operated in
accordance with |
23 | | best practices outlined by the Substance Abuse
and Mental |
24 | | Health Service Administration's National Center for Trauma
|
25 | | Informed Care (SAMHSA). |
26 | | (Source: P.A. 99-480, eff. 9-9-15; 100-426, eff. 1-1-18 .)
|
|
| | HB3850 Engrossed | - 14 - | LRB102 16552 KMF 21948 b |
|
|
1 | | (730 ILCS 167/25)
|
2 | | Sec. 25. Procedure. |
3 | | (a) The Court shall order the defendant to submit to an |
4 | | eligibility screening and an
assessment through the VA, VAC, |
5 | | and/or the IDVA to provide information on the defendant's |
6 | | veteran
or servicemember status.
|
7 | | (b) The Court shall order the defendant to submit to an |
8 | | eligibility screening and mental
health and drug/alcohol |
9 | | screening and assessment of the defendant by the VA, VAC, or by |
10 | | the IDVA to
provide assessment services for Illinois Courts. |
11 | | The assessment shall include a validated clinical assessment.
|
12 | | The clinical assessment shall include, but not be limited to,
|
13 | | assessments of substance use, mental and behavioral health |
14 | | needs.
The clinical assessment shall be administered by a |
15 | | qualified clinician
and used to inform any Clinical Treatment |
16 | | Plans. Clinical Treatment
Plans shall be developed, risks
|
17 | | assessment and be based, in part, upon the known availability |
18 | | of treatment resources available to
the Veterans and |
19 | | Servicemembers Court. The assessment shall also include |
20 | | recommendations
for treatment of the conditions which are |
21 | | indicating a need for treatment under the monitoring
of the |
22 | | Court and be reflective of a level of risk assessed for the |
23 | | individual seeking admission. An
assessment need not be |
24 | | ordered if the Court finds a valid screening and/or assessment |
25 | | related to
the present charge pending against the defendant |
|
| | HB3850 Engrossed | - 15 - | LRB102 16552 KMF 21948 b |
|
|
1 | | has been completed within the previous 60
days.
|
2 | | (c) The judge shall inform the defendant that if the |
3 | | defendant fails to meet the conditions
of the Veterans and |
4 | | Servicemembers Court program, eligibility to participate in |
5 | | the program may
be revoked and the defendant may be sentenced |
6 | | or the prosecution continued as provided in the
Unified Code |
7 | | of Corrections for the crime charged.
|
8 | | (d) The defendant shall execute a written agreement with |
9 | | the Court as to his or her
participation in the program and |
10 | | shall agree to all of the terms and conditions of the program,
|
11 | | including but not limited to the possibility of sanctions or |
12 | | incarceration for failing to abide or
comply with the terms of |
13 | | the program.
|
14 | | (e) In addition to any conditions authorized under the |
15 | | Pretrial Services Act and Section 5-6-3 of the Unified Code of |
16 | | Corrections, the Court may order the defendant to complete |
17 | | substance
abuse treatment in an outpatient, inpatient, |
18 | | residential, or jail-based custodial treatment program,
order |
19 | | the defendant to complete mental health counseling in an |
20 | | inpatient or outpatient basis,
comply with physicians' |
21 | | recommendation regarding medications and all follow up |
22 | | treatment.
This treatment may include but is not limited to |
23 | | post-traumatic stress disorder, traumatic brain
injury and |
24 | | depression.
|
25 | | (f) The Court may establish a mentorship program that |
26 | | provides access and support to program participants by peer |
|
| | HB3850 Engrossed | - 16 - | LRB102 16552 KMF 21948 b |
|
|
1 | | recovery coaches. Courts shall be responsible to administer |
2 | | the mentorship program with the support of volunteer veterans |
3 | | and local veteran service organizations, including a VAC. Peer |
4 | | recovery coaches shall be trained and certified by the Court |
5 | | prior to being assigned to participants in the program. |
6 | | (Source: P.A. 99-314, eff. 8-7-15; 99-819, eff. 8-15-16.)
|
7 | | (730 ILCS 167/35)
|
8 | | Sec. 35. Violation; termination; discharge. |
9 | | (a) If the Court finds from the evidence presented |
10 | | including but not limited to the reports
or proffers of proof |
11 | | from the Veterans and Servicemembers Court professionals that:
|
12 | | (1) the defendant is not performing satisfactorily in |
13 | | the assigned program; |
14 | | (2) the defendant is not benefitting from education, |
15 | | treatment, or rehabilitation; |
16 | | (3) the defendant has engaged in criminal conduct |
17 | | rendering him or her
unsuitable for the program; or
|
18 | | (4) the defendant has otherwise violated the terms and |
19 | | conditions of the program
or his or her sentence or is for |
20 | | any reason unable to participate; the Court may impose |
21 | | reasonable sanctions under prior written agreement of the
|
22 | | defendant, including but not limited to imprisonment or |
23 | | dismissal of the defendant from the
program and the Court |
24 | | may reinstate criminal proceedings against him or her or |
25 | | proceed under
Section 5-6-4 of the Unified Code of |
|
| | HB3850 Engrossed | - 17 - | LRB102 16552 KMF 21948 b |
|
|
1 | | Corrections for a violation of probation, conditional
|
2 | | discharge, or supervision hearing. |
3 | | (b) Upon successful completion of the terms and conditions |
4 | | of the program, the Court
may dismiss the original charges |
5 | | against the defendant or successfully terminate the |
6 | | defendant's
sentence or otherwise discharge him or her from |
7 | | any further proceedings against him or her in
the original |
8 | | prosecution.
|
9 | | (c) Upon successful completion of the terms and conditions |
10 | | of
the program, any State's Attorney may move to vacate any |
11 | | convictions
eligible for sealing under the Criminal |
12 | | Identification Act. Defendants may immediately file petitions |
13 | | to expunge vacated
convictions and the associated underlying |
14 | | records per the Criminal
Identification Act. In cases where |
15 | | the State's Attorney moves to vacate
a conviction, they may |
16 | | not object to expungement of that conviction
or the underlying |
17 | | record. |
18 | | (d) Veterans and servicemembers court programs may |
19 | | maintain or
collaborate with a network of legal aid |
20 | | organizations that specialize in conviction relief to support |
21 | | participants navigating the expungement
and sealing process. |
22 | | (Source: P.A. 96-924, eff. 6-14-10.)
|
23 | | (730 ILCS 167/40 new) |
24 | | Sec. 40. Education seminars for judges. The Administrative
|
25 | | Office of the Illinois Courts shall conduct education seminars
|
|
| | HB3850 Engrossed | - 18 - | LRB102 16552 KMF 21948 b |
|
|
1 | | for judges throughout the State on how to operate Veterans and
|
2 | | Servicemembers Court Programs.
|
3 | | (730 ILCS 167/45 new) |
4 | | Sec. 45. Education seminars for Veterans and |
5 | | Servicemembers
Court prosecutors. Subject to appropriation, |
6 | | the Office of the
State's Attorneys Appellate Prosecutor shall |
7 | | conduct mandatory
education seminars on the subjects of |
8 | | substance abuse, addiction,
and mental health for all Veterans |
9 | | and Servicemembers Court
prosecutors throughout the State.
|
10 | | (730 ILCS 167/50 new) |
11 | | Sec. 50. Education seminars for public defenders. Subject |
12 | | to
appropriation, the Office of the State Appellate Defender |
13 | | shall
conduct mandatory education seminars on the subjects of
|
14 | | substance abuse, addiction, and mental health for all public
|
15 | | defenders and assistant public defenders practicing in |
16 | | Veterans
and Servicemembers Courts throughout the State.
|
17 | | Section 15. The Mental Health Court Treatment Act is |
18 | | amended by changing Sections 10, 20, 25, and 35 and by adding |
19 | | Sections 45 and 50 as follows:
|
20 | | (730 ILCS 168/10)
|
21 | | Sec. 10. Definitions. As used in this Act: |
22 | | "Mental health court", "mental health court program", or |
|
| | HB3850 Engrossed | - 19 - | LRB102 16552 KMF 21948 b |
|
|
1 | | "program" means a structured judicial intervention process for |
2 | | mental health treatment of eligible defendants that brings |
3 | | together mental health professionals, local social programs, |
4 | | and intensive judicial monitoring. |
5 | | "Mental health court professional" means a member of the |
6 | | mental health court team, including
but not limited to a |
7 | | judge, prosecutor, defense attorney, probation officer, |
8 | | coordinator, treatment provider, or peer recovery coach. |
9 | | "Pre-adjudicatory mental health court program" means a |
10 | | program that allows the defendant, with the consent of the |
11 | | prosecution, to expedite the defendant's criminal case before |
12 | | conviction or before filing of a criminal case and requires |
13 | | successful completion of the mental health court program as |
14 | | part of the agreement. |
15 | | "Post-adjudicatory mental health court program" means a |
16 | | program in which the defendant has admitted guilt or has been |
17 | | found guilty and agrees, along with the prosecution, to enter |
18 | | a mental health court program as part of the defendant's |
19 | | sentence. |
20 | | "Combination mental health court program" means a mental |
21 | | health court program that
includes a pre-adjudicatory mental |
22 | | health court program and a post-adjudicatory mental health |
23 | | court program. |
24 | | "Co-occurring mental health and substance abuse court |
25 | | program" means a program that includes persons with |
26 | | co-occurring mental illness and substance abuse problems. Such |
|
| | HB3850 Engrossed | - 20 - | LRB102 16552 KMF 21948 b |
|
|
1 | | programs
shall include professionals with training and |
2 | | experience in treating persons with substance abuse problems |
3 | | and mental illness.
|
4 | | "Clinical Treatment Plan" means an evidence-based,
|
5 | | comprehensive, and individualized plan that defines the scope |
6 | | of
treatment services to be delivered by a PSC treatment |
7 | | provider. |
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: |
|
| | HB3850 Engrossed | - 21 - | LRB102 16552 KMF 21948 b |
|
|
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) Recognizing that individuals struggling with
mental |
23 | | health, addiction, and related co-occurring disorders have
|
24 | | often experienced trauma,
mental A defendant charged with |
25 | | prostitution under Section 11-14 of the Criminal Code of 2012 |
26 | | may be admitted into a mental health court program, if |
|
| | HB3850 Engrossed | - 22 - | LRB102 16552 KMF 21948 b |
|
|
1 | | available in the jurisdiction and provided that the |
2 | | requirements in subsections (a) and (b) are satisfied. Mental |
3 | | health court programs may include specialized service programs |
4 | | specifically designed to address the trauma . These specialized |
5 | | services may be offered to
defendants admitted to the mental |
6 | | health court program. Judicial circuits establishing these |
7 | | specialized programs shall partner with prostitution and
human |
8 | | trafficking advocates, survivors, and service providers in the
|
9 | | development of the programs. Trauma-informed services and |
10 | | programming
should be operated in accordance with best |
11 | | practices outlined by the
Substance Abuse and Mental Health |
12 | | Service Administration's National
Center for Trauma Informed |
13 | | Care (SAMHSA). associated with prostitution and human |
14 | | trafficking, and may offer those specialized services to |
15 | | defendants admitted to the mental health court program. |
16 | | Judicial circuits establishing these specialized programs |
17 | | shall partner with prostitution and human trafficking |
18 | | advocates, survivors, and service providers in the development |
19 | | of the programs. |
20 | | (Source: P.A. 100-426, eff. 1-1-18 .)
|
21 | | (730 ILCS 168/25)
|
22 | | Sec. 25. Procedure. |
23 | | (a) The court shall require an eligibility screening and |
24 | | an assessment of the defendant. The assessment shall include a
|
25 | | validated clinical assessment. The clinical assessment shall |
|
| | HB3850 Engrossed | - 23 - | LRB102 16552 KMF 21948 b |
|
|
1 | | include,
but not be limited to, assessments of substance use, |
2 | | mental and
behavioral health needs. The clinical assessment |
3 | | shall be administered
by a qualified clinician and used to |
4 | | inform any Clinical Treatment Plans.
Clinical Treatment Plans |
5 | | shall be developed, in part, upon the known
availability of |
6 | | treatment resources available. An assessment need not be |
7 | | ordered if the court finds a valid assessment related to the |
8 | | present charge pending against the defendant has been |
9 | | completed within the previous 60 days. |
10 | | (b) The judge shall inform the defendant that if the |
11 | | defendant fails to meet the requirements of the mental health |
12 | | court program, eligibility to participate in the program may |
13 | | be revoked and the defendant may be sentenced or the |
14 | | prosecution continued, as provided in the Unified Code of |
15 | | Corrections, for the crime charged. |
16 | | (c) The defendant shall execute a written agreement as to |
17 | | his or her participation in the program and shall agree to all |
18 | | of the terms and conditions of the program, including but not |
19 | | limited to the possibility of sanctions or incarceration for |
20 | | failing to abide or comply with the terms of the program. |
21 | | (d) In addition to any conditions authorized under the |
22 | | Pretrial Services Act and Section 5-6-3 of the Unified Code of |
23 | | Corrections, the court may order the defendant to complete |
24 | | mental health or substance abuse treatment in an outpatient, |
25 | | inpatient, residential, or jail-based custodial treatment |
26 | | program. Any period of time a defendant shall serve in a |
|
| | HB3850 Engrossed | - 24 - | LRB102 16552 KMF 21948 b |
|
|
1 | | jail-based treatment program may not be reduced by the |
2 | | accumulation of good time or other credits and may be for a |
3 | | period of up to 120 days. |
4 | | (d-5) In addition to any conditions authorized under the
|
5 | | Pretrial Services Act and Section 5-6-3 of the Unified Code of
|
6 | | Corrections, the court may order the defendant to complete
|
7 | | substance abuse treatment in an outpatient, inpatient, |
8 | | residential,
or jail-based custodial treatment program. |
9 | | Substance abuse treatment
programs must be licensed by the |
10 | | State of Illinois as a Substance Use
Prevention and Recovery |
11 | | (SUPR) provider. The court may also order the
defendant to |
12 | | complete mental health counseling in an inpatient or
|
13 | | outpatient basis, in accordance with a physician's |
14 | | recommendation,
comply with physicians' recommendations |
15 | | regarding medications and all
follow up treatment. This |
16 | | treatment may include but is not limited to
trauma, |
17 | | post-traumatic stress disorder, traumatic brain injury,
and |
18 | | depression. Any period of time a defendant shall serve in a
|
19 | | jail-based treatment program may not be reduced by the |
20 | | accumulation
of good time or other credits and may be for a |
21 | | period of up to 120 days. |
22 | | (e) The mental health court program may include a regimen |
23 | | of graduated requirements and rewards and sanctions, including |
24 | | but not limited to: fines, fees, costs, restitution, |
25 | | incarceration of up to 180 days, individual and group therapy, |
26 | | medication, drug analysis testing, close monitoring by the |
|
| | HB3850 Engrossed | - 25 - | LRB102 16552 KMF 21948 b |
|
|
1 | | court and supervision of progress, educational or vocational |
2 | | counseling as appropriate and other requirements necessary to |
3 | | fulfill the mental health court program.
|
4 | | (f) The Mental Health Court program may maintain or |
5 | | collaborate
with a network of mental health treatment programs |
6 | | and, if it is
a co-occurring mental health and substance abuse |
7 | | court program,
a network of substance abuse treatment programs |
8 | | representing a
continuum of treatment options commensurate |
9 | | with the needs of the
defendant and available resources |
10 | | including programs with the State
of Illinois. |
11 | | (g) 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 abuse treatment |
16 | | organizations.
Recovery coaches shall be trained and licensed |
17 | | by the Court prior
to being assigned to participants in the |
18 | | program. |
19 | | (Source: P.A. 95-606, eff. 6-1-08 .)
|
20 | | (730 ILCS 168/35)
|
21 | | Sec. 35. Violation; termination; discharge.
|
22 | | (a) If the court finds from the evidence presented, |
23 | | including but not limited to the reports or proffers of proof |
24 | | from the mental health court professionals that: |
25 | | (1) the defendant is not performing satisfactorily in |
|
| | HB3850 Engrossed | - 26 - | LRB102 16552 KMF 21948 b |
|
|
1 | | the assigned program; |
2 | | (2) the defendant is not benefiting from education, |
3 | | treatment, or rehabilitation; |
4 | | (3) the defendant has engaged in criminal conduct |
5 | | rendering him or her unsuitable for the program; or |
6 | | (4) the defendant has otherwise violated the terms and |
7 | | conditions of the program or his or her sentence or is for |
8 | | any reason unable to participate;
|
9 | | the court may impose reasonable sanctions under prior written |
10 | | agreement of the defendant, including but not limited to |
11 | | imprisonment or dismissal of the defendant from the program; |
12 | | and the court may reinstate criminal proceedings against him |
13 | | or her or proceed under Section 5-6-4 of the Unified Code of |
14 | | Corrections for a violation of probation, conditional |
15 | | discharge, or supervision hearing.
No defendant may be |
16 | | dismissed from the program unless, prior to such dismissal, |
17 | | the defendant is informed in writing: (i) of the reason or |
18 | | reasons for the dismissal; (ii) the evidentiary basis |
19 | | supporting the reason or reasons for the dismissal; (iii) that |
20 | | the defendant has a right to a hearing at
which he or she may |
21 | | present evidence supporting his or her continuation in the |
22 | | program. Based upon the evidence presented, the court shall |
23 | | determine whether the defendant has violated the conditions of |
24 | | the program and whether the defendant should be dismissed from |
25 | | the program or whether some other alternative may be |
26 | | appropriate in the interests of the defendant and the public. |
|
| | HB3850 Engrossed | - 27 - | LRB102 16552 KMF 21948 b |
|
|
1 | | (b) Upon successful completion of the terms and conditions |
2 | | of the program, the court may dismiss the original charges |
3 | | against the defendant or successfully terminate the |
4 | | defendant's sentence or otherwise discharge him or her from |
5 | | the program or from any further proceedings against him or her |
6 | | in the original prosecution.
|
7 | | (c) Upon successful completion of the terms and conditions |
8 | | of
the program, any State's Attorney may move to vacate any |
9 | | convictions
eligible for sealing under the Criminal |
10 | | Identification Act. Defendants may immediately file petitions |
11 | | to expunge vacated
convictions and the associated underlying |
12 | | records per the Criminal
Identification Act. In cases where |
13 | | the State's Attorney moves to vacate
a conviction, they may |
14 | | not object to expungement of that conviction
or the underlying |
15 | | record. |
16 | | (d) The mental health court program may maintain or |
17 | | collaborate
with a network of legal aid organizations that |
18 | | specialize in conviction
relief to support participants |
19 | | navigating the expungement and sealing
process. |
20 | | (Source: P.A. 95-606, eff. 6-1-08 .)
|
21 | | (730 ILCS 168/45 new) |
22 | | Sec. 45. Education seminars for judges. The Administrative
|
23 | | Office of the Illinois Courts shall conduct education seminars
|
24 | | for judges throughout the State on how to operate Mental |
25 | | Health
Court programs.
|
|
| | HB3850 Engrossed | - 28 - | LRB102 16552 KMF 21948 b |
|
|
1 | | (730 ILCS 168/50 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 abuse, addiction, and mental health for all public |
6 | | defenders and assistant public defenders practicing in Mental |
7 | | Health courts throughout the State.
|