Bill Text: IL SB2565 | 2021-2022 | 102nd General Assembly | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Reinserts the provisions of the bill as introduced with the following changes: Further amends the Drug Court Treatment Act. Defines "validated clinical assessment". Provides that a defendant may be ordered to complete mental health counseling, comply with physician recommendations regarding medications, and receive follow up treatment for a mental health diagnosis. Provides that the court shall prioritize the least restrictive treatment option when ordering mental health or substance use treatment for participants. Provides that jail-based custodial treatment may be utilized if it is found to be the least restrictive alternative. Provides that partnerships between the State of Illinois and community mental health or behavioral health centers shall be prioritized whenever possible. Further amends the Veterans and Servicemembers Court Treatment Act. Makes similar changes. Provides that peer recovery coaches should be individuals with lived experience and that they shall work to help facilitate participant experience. Further amends the Mental Health Court Treatment Act. Makes similar changes. Provides for education seminars currently offered for Drug Court Treatment Act prosecutors, judges, and public defenders for Veterans and Servicemembers Treatment Court and Mental Health Treatment Court prosecutors, judges, and public defenders. Makes other changes.
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Passed) 2022-06-02 - Public Act . . . . . . . . . 102-1041 [SB2565 Detail]
Download: Illinois-2021-SB2565-Engrossed.html
Bill Title: Reinserts the provisions of the bill as introduced with the following changes: Further amends the Drug Court Treatment Act. Defines "validated clinical assessment". Provides that a defendant may be ordered to complete mental health counseling, comply with physician recommendations regarding medications, and receive follow up treatment for a mental health diagnosis. Provides that the court shall prioritize the least restrictive treatment option when ordering mental health or substance use treatment for participants. Provides that jail-based custodial treatment may be utilized if it is found to be the least restrictive alternative. Provides that partnerships between the State of Illinois and community mental health or behavioral health centers shall be prioritized whenever possible. Further amends the Veterans and Servicemembers Court Treatment Act. Makes similar changes. Provides that peer recovery coaches should be individuals with lived experience and that they shall work to help facilitate participant experience. Further amends the Mental Health Court Treatment Act. Makes similar changes. Provides for education seminars currently offered for Drug Court Treatment Act prosecutors, judges, and public defenders for Veterans and Servicemembers Treatment Court and Mental Health Treatment Court prosecutors, judges, and public defenders. Makes other changes.
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Passed) 2022-06-02 - Public Act . . . . . . . . . 102-1041 [SB2565 Detail]
Download: Illinois-2021-SB2565-Engrossed.html
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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Drug Court Treatment Act is amended by | ||||||
5 | changing Sections 5, 10, 25, 30, 35, 45, and 50 as follows:
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6 | (730 ILCS 166/5)
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7 | Sec. 5. Purposes. The General Assembly recognizes that | ||||||
8 | individuals struggling with drug and alcohol dependency or
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9 | addiction and substance use disorders may come into contact
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10 | with the criminal justice system and be charged with felony or
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11 | misdemeanor offenses. The General Assembly also recognizes
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12 | that substance use disorders and mental illness co-occur in a
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13 | substantial percentage of criminal defendants. the use and
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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 use
disorders. 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 |
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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.
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6 | (Source: P.A. 92-58, eff. 1-1-02.)
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7 | (730 ILCS 166/10)
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8 | Sec. 10. Definitions. As used in this Act:
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9 | "Drug court", "drug court program", or "program" means an | ||||||
10 | immediate and
highly
structured judicial intervention process | ||||||
11 | for substance use abuse treatment of
eligible defendants that | ||||||
12 | brings together substance use abuse professionals, local
| ||||||
13 | social programs, and intensive judicial monitoring in | ||||||
14 | accordance with the
nationally recommended 10 key components | ||||||
15 | of drug courts.
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16 | "Drug court professional" means a member of the drug court | ||||||
17 | team, including but not limited to
a judge, prosecutor, | ||||||
18 | defense attorney,
probation officer, coordinator, licensed | ||||||
19 | treatment provider, or peer recovery coach.
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20 | "Pre-adjudicatory drug court program" means a program that | ||||||
21 | allows
the defendant,
with the consent of the prosecution, to | ||||||
22 | expedite the defendant's criminal case
before conviction or | ||||||
23 | before filing of a criminal case and requires successful
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24 | completion of the drug court program as part of the agreement.
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25 | "Post-adjudicatory drug court program" means a program in |
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1 | which the
defendant has admitted
guilt
or has been found | ||||||
2 | guilty and agrees, along with the prosecution, to enter a
drug
| ||||||
3 | court program as part of the defendant's sentence.
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4 | "Combination drug court program" means a drug court | ||||||
5 | program that includes a
pre-adjudicatory drug court program | ||||||
6 | and a post-adjudicatory drug court program.
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7 | "Clinical treatment plan" means an evidence-based,
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8 | comprehensive, and individualized plan that defines the scope | ||||||
9 | of
treatment services to be delivered by a court treatment | ||||||
10 | provider. | ||||||
11 | "Validated clinical assessment" may include assessment | ||||||
12 | tools
required by public or private insurance. | ||||||
13 | "Peer recovery coach" means a mentor assigned to a | ||||||
14 | defendant
during participation in a drug treatment court | ||||||
15 | program who has been
trained by the court, a service provider | ||||||
16 | utilized by
the court for substance use or mental health | ||||||
17 | treatment, or be a
recovery support specialist certified by | ||||||
18 | the State of Illinois.
Peer recovery coaches should be | ||||||
19 | individuals with lived experience
and shall guide and mentor | ||||||
20 | the participant to successfully complete
the assigned | ||||||
21 | requirements and work to help facilitate participants'
| ||||||
22 | independence for continued success once the supports of the | ||||||
23 | court are
no longer available to them. | ||||||
24 | (Source: P.A. 97-946, eff. 8-13-12.)
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25 | (730 ILCS 166/25)
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1 | Sec. 25. Procedure.
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2 | (a) The court shall order an eligibility screening and an | ||||||
3 | assessment of the
defendant by an agent designated by the | ||||||
4 | State of Illinois to provide assessment
services for the | ||||||
5 | Illinois Courts. The assessment shall include a validated | ||||||
6 | clinical assessment.
The clinical assessment shall include, | ||||||
7 | but not be limited to,
assessments of substance use, mental | ||||||
8 | and behavioral health needs.
The clinical assessment shall be | ||||||
9 | administered by a qualified clinician
and used to inform any | ||||||
10 | clinical treatment plans. Clinical treatment
plans shall be | ||||||
11 | developed, in part, upon the known availability of
treatment | ||||||
12 | resources available. An assessment need not be ordered if the
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13 | court finds a valid assessment related to the present charge | ||||||
14 | pending against
the defendant has been completed within the | ||||||
15 | previous 60 days.
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16 | (b) The judge shall inform the defendant that if the | ||||||
17 | defendant fails to
meet the conditions of the drug court | ||||||
18 | program, eligibility to participate in
the
program may be | ||||||
19 | revoked and the defendant may be sentenced or the prosecution
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20 | continued as provided in
the
Unified Code of Corrections for | ||||||
21 | the crime charged.
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22 | (c) The defendant shall execute a written agreement as to | ||||||
23 | his or her
participation in the program and shall agree to all | ||||||
24 | of the terms and conditions
of the program, including but not | ||||||
25 | limited to the possibility of sanctions or
incarceration for | ||||||
26 | failing to abide or comply with the terms of the program.
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1 | (d) In addition to any conditions authorized under the | ||||||
2 | Pretrial Services
Act and Section 5-6-3 of the Unified Code of | ||||||
3 | Corrections, the court may order
the defendant to complete | ||||||
4 | substance use abuse treatment in an outpatient,
inpatient,
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5 | residential, or jail-based custodial treatment program , order | ||||||
6 | the defendant to
complete mental health counseling in an | ||||||
7 | inpatient or outpatient basis,
comply with physicians' | ||||||
8 | recommendation regarding medications and all
follow up | ||||||
9 | treatment for any mental health diagnosis made by the | ||||||
10 | provider.
Substance use treatment programs must be licensed by | ||||||
11 | the State of
Illinois as a Substance Use Prevention and | ||||||
12 | Recovery (SUPR) provider and utilize evidence-based treatment. | ||||||
13 | When referring participants to mental health treatment
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14 | programs, the court shall prioritize providers certified as | ||||||
15 | community
mental health or behavioral health centers as | ||||||
16 | possible. The court shall
prioritize the least restrictive | ||||||
17 | treatment option when ordering
mental health or substance use | ||||||
18 | treatment for participants. The
court may order jail-based | ||||||
19 | custodial treatment if it finds that
jail-based treatment is | ||||||
20 | the least restrictive alternative based on
evidence that | ||||||
21 | efforts were made to locate less restrictive alternatives
to | ||||||
22 | secure confinement and the reasons why efforts were | ||||||
23 | unsuccessful in
locating a less restrictive alternative to | ||||||
24 | jail-based custodial treatment . Any period of time a
defendant | ||||||
25 | shall serve in a jail-based treatment program may not be | ||||||
26 | reduced by
the accumulation of good time or other credits and |
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1 | may be for a period of up to
120 days.
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2 | (e) The drug court program shall include a regimen of | ||||||
3 | graduated
requirements and rewards and sanctions, including | ||||||
4 | but not limited to: fines,
fees, costs, restitution, | ||||||
5 | incarceration of up to 180 days, individual and group
therapy, | ||||||
6 | drug
analysis testing, close monitoring by the court at a | ||||||
7 | minimum of once every 30
days
and supervision of progress, | ||||||
8 | educational or vocational counseling as
appropriate, and other
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9 | requirements necessary to fulfill the drug court program. If | ||||||
10 | the defendant needs treatment for opioid use abuse or | ||||||
11 | dependence, the court may not prohibit the defendant from | ||||||
12 | participating in and
receiving medication assisted treatment | ||||||
13 | under the care of
a physician licensed in this State to | ||||||
14 | practice medicine in all
of its branches. Drug court | ||||||
15 | participants may not be required to refrain from using | ||||||
16 | medication assisted treatment as a term or condition of | ||||||
17 | successful completion of the drug court program. | ||||||
18 | (f) Recognizing that individuals struggling with mental
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19 | health, addiction, and related co-occurring disorders have | ||||||
20 | often
experienced trauma, drug court programs may include | ||||||
21 | specialized
service programs specifically designed to address | ||||||
22 | trauma. These
specialized services may be offered to | ||||||
23 | defendants admitted to the
drug court program. Judicial | ||||||
24 | circuits establishing these specialized
programs shall partner | ||||||
25 | with advocates, survivors, and service providers
in the | ||||||
26 | development of the programs. Trauma-informed services and
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1 | programming should be operated in accordance with best | ||||||
2 | practices
outlined by the Substance Abuse and Mental Health | ||||||
3 | Service
Administration's National Center for Trauma Informed | ||||||
4 | Care (SAMHSA). | ||||||
5 | (g) The Court may establish a mentorship program that
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6 | provides access and support to program participants by peer
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7 | recovery coaches. Courts shall be responsible to administer | ||||||
8 | the
mentorship program with the support of mentors and local | ||||||
9 | mental
health and substance use treatment organizations. Peer | ||||||
10 | recovery
coaches shall be trained by the court, a service | ||||||
11 | provider
utilized by the court for substance use or mental | ||||||
12 | health treatment, or
be a recovery support specialist | ||||||
13 | certified by the State of Illinois.
Peer recovery coaches | ||||||
14 | shall be approved by the Court and complete
orientation with | ||||||
15 | the court team prior to being assigned to participants
in the | ||||||
16 | program.
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17 | (Source: P.A. 99-554, eff. 1-1-17 .)
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18 | (730 ILCS 166/30)
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19 | Sec. 30. Mental health and substance use Substance abuse | ||||||
20 | treatment.
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21 | (a) The drug court program shall maintain a network of | ||||||
22 | substance use abuse
treatment programs representing a | ||||||
23 | continuum of graduated substance use abuse
treatment options | ||||||
24 | commensurate with the needs of defendants.
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25 | (b) Any substance use abuse treatment program to which |
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1 | defendants are referred
must be licensed by the State of | ||||||
2 | Illinois
as SUPR providers and utilize evidence-based | ||||||
3 | treatment, meet all of the rules and governing programs in
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4 | Parts 2030 and 2060 of Title 77 of the Illinois Administrative | ||||||
5 | Code.
| ||||||
6 | (c) The drug court program may, at its discretion, employ | ||||||
7 | additional
services or
interventions, as it deems necessary on | ||||||
8 | a case by case basis. | ||||||
9 | (d) The drug court program may maintain or collaborate | ||||||
10 | with
a network of mental health treatment programs | ||||||
11 | representing a
continuum of treatment options commensurate | ||||||
12 | with the needs of the
defendant and available resources | ||||||
13 | including programs with the State
of Illinois and | ||||||
14 | community-based programs supported and sanctioned by
the State | ||||||
15 | of Illinois. Partnerships with providers certified as | ||||||
16 | community
mental health or behavioral health centers shall be | ||||||
17 | prioritized when
possible.
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18 | (Source: P.A. 92-58, eff. 1-1-02.)
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19 | (730 ILCS 166/35)
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20 | Sec. 35. Violation; termination; discharge.
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21 | (a) If the court finds from the evidence presented | ||||||
22 | including but not limited
to the reports or
proffers of proof | ||||||
23 | from the drug court professionals that:
| ||||||
24 | (1) the defendant is not performing
satisfactorily
in | ||||||
25 | the assigned program;
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1 | (2) the defendant is not benefitting from education,
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2 | treatment, or rehabilitation;
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3 | (3) the defendant has engaged in criminal
conduct
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4 | rendering him or her unsuitable for the program; or
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5 | (4) the defendant has
otherwise
violated the terms and | ||||||
6 | conditions of the program or his or her sentence or is
for | ||||||
7 | any reason unable to participate;
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8 | the court may impose reasonable sanctions
under prior written | ||||||
9 | agreement of the defendant, including but not limited to
| ||||||
10 | imprisonment or dismissal of the defendant from the program | ||||||
11 | and the court may
reinstate
criminal proceedings against him | ||||||
12 | or her or proceed under Section 5-6-4 of the
Unified Code of | ||||||
13 | Corrections for a violation of probation,
conditional | ||||||
14 | discharge,
or supervision hearing. | ||||||
15 | (a-5) A defendant who is assigned to a substance use abuse | ||||||
16 | treatment program under this Act for opioid use abuse or | ||||||
17 | dependence is not in violation of the terms or conditions of | ||||||
18 | the program on the basis of his or her participation in | ||||||
19 | medication assisted treatment under the care of a physician | ||||||
20 | licensed in this State to practice medicine in all of its | ||||||
21 | branches.
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22 | (b) Upon successful completion of the terms and conditions | ||||||
23 | of the program,
the
court may dismiss the original charges | ||||||
24 | against the defendant or successfully
terminate the | ||||||
25 | defendant's sentence or otherwise discharge him or her from | ||||||
26 | any
further proceedings against the defendant him or her in |
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1 | the original prosecution. | ||||||
2 | (c) Upon successful completion of the terms and conditions
| ||||||
3 | of the program, any State's Attorney in the county of | ||||||
4 | conviction
may move to vacate convictions held by the | ||||||
5 | defendant that are
eligible for sealing under the Criminal | ||||||
6 | Identification Act. Participants may immediately file | ||||||
7 | petitions to
expunge vacated convictions and the associated | ||||||
8 | underlying records
per the Criminal Identification Act. In | ||||||
9 | cases where the State's
Attorney moves to vacate a conviction, | ||||||
10 | the State's Attorney may not object to expungement
of that | ||||||
11 | conviction or the underlying record. | ||||||
12 | (d) The drug court program may maintain or collaborate | ||||||
13 | with
a network of legal aid organizations that specialize in | ||||||
14 | conviction
relief to support participants navigating the | ||||||
15 | expungement and sealing
process.
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16 | (Source: P.A. 99-554, eff. 1-1-17 .)
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17 | (730 ILCS 166/45) | ||||||
18 | Sec. 45. Education seminars for drug court prosecutors. | ||||||
19 | Subject to appropriation, the Office of the State's Attorneys | ||||||
20 | Appellate Prosecutor shall conduct mandatory education | ||||||
21 | seminars on the subjects of substance use disorder abuse and | ||||||
22 | addiction for all drug court prosecutors throughout the State.
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23 | (Source: P.A. 99-480, eff. 9-9-15.)
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24 | (730 ILCS 166/50) |
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1 | Sec. 50. Education seminars for public defenders. Subject | ||||||
2 | to appropriation, the Office of the State Appellate Defender | ||||||
3 | shall conduct mandatory education seminars on the subjects of | ||||||
4 | substance use disorder abuse and addiction for all public | ||||||
5 | defenders and assistant public defenders practicing in drug | ||||||
6 | courts throughout the State.
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7 | (Source: P.A. 99-480, eff. 9-9-15.)
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8 | Section 10. The Veterans and Servicemembers Court
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9 | Treatment Act is amended by changing Sections 5, 10, 20, 25, | ||||||
10 | 30, and 35 and by adding Sections 40, 45, and 50 as follows:
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11 | (730 ILCS 167/5)
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12 | Sec. 5. Purposes. The General Assembly recognizes that | ||||||
13 | veterans and active, Reserve
and National Guard servicemembers | ||||||
14 | have provided or are currently providing an invaluable
service | ||||||
15 | to our country. In so doing, some may suffer the effects of, | ||||||
16 | including but not limited to,
post traumatic stress disorder, | ||||||
17 | traumatic brain injury, depression and may also suffer drug | ||||||
18 | and
alcohol dependency or addiction and co-occurring mental | ||||||
19 | illness and substance use disorders abuse problems .
As a | ||||||
20 | result of this, some veterans or active duty servicemembers | ||||||
21 | come into contact with the
criminal justice system and are | ||||||
22 | charged with felony or misdemeanor offenses. There is a | ||||||
23 | critical
need for the criminal justice system to recognize | ||||||
24 | these veterans, provide accountability for their
wrongdoing, |
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1 | provide for the safety of the public and provide for the | ||||||
2 | treatment of our veterans. It
is the intent of the General | ||||||
3 | Assembly to create specialized veteran and servicemember | ||||||
4 | courts or
programs with the necessary flexibility to meet the | ||||||
5 | specialized needs problems faced by these veteran
and | ||||||
6 | servicemember defendants.
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7 | (Source: P.A. 96-924, eff. 6-14-10.)
| ||||||
8 | (730 ILCS 167/10)
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9 | Sec. 10. Definitions. In this Act: | ||||||
10 | "Combination Veterans and Servicemembers Court program" | ||||||
11 | means a court program that
includes a pre-adjudicatory and a | ||||||
12 | post-adjudicatory Veterans and Servicemembers court
program.
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13 | "Court" means Veterans and Servicemembers Court. | ||||||
14 | "IDVA" means the Illinois Department of Veterans' Affairs. | ||||||
15 | "Peer recovery coach" means a volunteer veteran mentor | ||||||
16 | assigned to a veteran or servicemember during participation in | ||||||
17 | a veteran treatment court program who has been trained and | ||||||
18 | certified by the court , a service provider utilized by the | ||||||
19 | court for substance
use or mental health treatment, or be a | ||||||
20 | recovery support specialist
certified by the State of | ||||||
21 | Illinois. Peer recovery coaches should be
individuals with | ||||||
22 | lived experience and shall to guide and mentor the participant | ||||||
23 | to successfully complete the assigned requirements and
work to | ||||||
24 | help facilitate participants' independence for continued
| ||||||
25 | success once the supports of the court are no longer available |
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1 | to them . | ||||||
2 | "Post-adjudicatory Veterans and Servicemembers Court | ||||||
3 | Program" means a program in
which the defendant has admitted | ||||||
4 | guilt or has been found guilty and agrees, along with the
| ||||||
5 | prosecution, to enter a Veterans and Servicemembers Court | ||||||
6 | program as part of the defendant's
sentence.
| ||||||
7 | "Pre-adjudicatory Veterans and Servicemembers Court | ||||||
8 | Program" means a program that
allows the defendant with the | ||||||
9 | consent of the prosecution, to expedite the defendant's | ||||||
10 | criminal
case before conviction or before filing of a criminal | ||||||
11 | case and requires successful completion of
the Veterans and | ||||||
12 | Servicemembers Court programs as part of the agreement.
| ||||||
13 | "Servicemember" means a person who is currently serving in | ||||||
14 | the Army, Air Force,
Marines, Navy, or Coast Guard on active | ||||||
15 | duty, reserve status or in the National Guard.
| ||||||
16 | "VA" means the United States Department of Veterans' | ||||||
17 | Affairs. | ||||||
18 | "VAC" means a veterans assistance commission. | ||||||
19 | "Veteran" means a person who served in the active | ||||||
20 | military, naval, or air service and who
was discharged or | ||||||
21 | released therefrom under conditions other than dishonorable.
| ||||||
22 | "Veterans and Servicemembers Court professional" means a | ||||||
23 | member of the Veterans and
Servicemembers Court team, | ||||||
24 | including but not limited to a judge, prosecutor, defense
| ||||||
25 | attorney, probation officer, coordinator, treatment provider, | ||||||
26 | or peer recovery coach.
|
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1 | "Veterans and Servicemembers Court" means a court or | ||||||
2 | program with an immediate and
highly structured judicial | ||||||
3 | intervention process for substance use abuse treatment, mental | ||||||
4 | health, or
other assessed treatment needs of eligible veteran | ||||||
5 | and servicemember defendants that brings
together substance | ||||||
6 | use abuse professionals, mental health professionals, VA | ||||||
7 | professionals, local
social programs and intensive judicial | ||||||
8 | monitoring in accordance with the nationally
recommended 10 | ||||||
9 | key components of drug courts.
| ||||||
10 | "Clinical treatment plan" means an evidence-based,
| ||||||
11 | comprehensive, and individualized plan that defines the scope | ||||||
12 | of
treatment services to be delivered by a treatment provider. | ||||||
13 | "Validated clinical assessment" may include assessment | ||||||
14 | tools
required by public or private insurance. | ||||||
15 | (Source: P.A. 99-314, eff. 8-7-15; 99-819, eff. 8-15-16.)
| ||||||
16 | (730 ILCS 167/25)
| ||||||
17 | Sec. 25. Procedure. | ||||||
18 | (a) The Court shall order the defendant to submit to an | ||||||
19 | eligibility screening and an
assessment through the VA, VAC, | ||||||
20 | and/or the IDVA to provide information on the defendant's | ||||||
21 | veteran
or servicemember status.
| ||||||
22 | (b) The Court shall order the defendant to submit to an | ||||||
23 | eligibility screening and mental
health and drug/alcohol | ||||||
24 | screening and assessment of the defendant by the VA, VAC, or by | ||||||
25 | the IDVA to
provide assessment services for Illinois Courts. |
| |||||||
| |||||||
1 | The assessment shall include a validated clinical assessment.
| ||||||
2 | The clinical assessment shall include, but not be limited to,
| ||||||
3 | assessments of substance use, mental and behavioral health | ||||||
4 | needs.
The clinical assessment shall be administered by a | ||||||
5 | qualified clinician
and used to inform any clinical treatment | ||||||
6 | plans. Clinical treatment
plans shall be developed risks
| ||||||
7 | assessment and be based , in part, upon the known availability | ||||||
8 | of treatment resources available to
the Veterans and | ||||||
9 | Servicemembers Court. The assessment shall also include | ||||||
10 | recommendations
for treatment of the conditions which are | ||||||
11 | indicating a need for treatment under the monitoring
of the | ||||||
12 | Court and be reflective of a level of risk assessed for the | ||||||
13 | individual seeking admission. An
assessment need not be | ||||||
14 | ordered if the Court finds a valid screening and/or assessment | ||||||
15 | related to
the present charge pending against the defendant | ||||||
16 | has been completed within the previous 60
days.
| ||||||
17 | (c) The judge shall inform the defendant that if the | ||||||
18 | defendant fails to meet the conditions
of the Veterans and | ||||||
19 | Servicemembers Court program, eligibility to participate in | ||||||
20 | the program may
be revoked and the defendant may be sentenced | ||||||
21 | or the prosecution continued as provided in the
Unified Code | ||||||
22 | of Corrections for the crime charged.
| ||||||
23 | (d) The defendant shall execute a written agreement with | ||||||
24 | the Court as to his or her
participation in the program and | ||||||
25 | shall agree to all of the terms and conditions of the program,
| ||||||
26 | including but not limited to the possibility of sanctions or |
| |||||||
| |||||||
1 | incarceration for failing to abide or
comply with the terms of | ||||||
2 | the program.
| ||||||
3 | (e) In addition to any conditions authorized under the | ||||||
4 | Pretrial Services Act and Section 5-6-3 of the Unified Code of | ||||||
5 | Corrections, the Court may order the defendant to complete | ||||||
6 | substance use
abuse treatment in an outpatient, inpatient, | ||||||
7 | residential, or jail-based custodial treatment program,
order | ||||||
8 | the defendant to complete mental health counseling in an | ||||||
9 | inpatient or outpatient basis,
comply with physicians' | ||||||
10 | recommendation regarding medications and all follow up | ||||||
11 | treatment for any mental health diagnosis made by the | ||||||
12 | provider .
Substance
use treatment programs must be licensed by | ||||||
13 | the State of Illinois
as a Substance Use Prevention and | ||||||
14 | Recovery (SUPR) provider and
utilize evidence-based treatment. | ||||||
15 | When
referring participants to mental health treatment | ||||||
16 | programs, the
court shall prioritize providers certified as | ||||||
17 | community mental
health or behavioral health centers as | ||||||
18 | possible. The court shall
prioritize the least restrictive | ||||||
19 | treatment option when ordering
mental health or substance use | ||||||
20 | treatment for participants. The
court may order jail-based | ||||||
21 | custodial treatment if it finds that
jail-based treatment is | ||||||
22 | the least restrictive alternative based on
evidence that | ||||||
23 | efforts were made to locate less restrictive alternatives
to | ||||||
24 | secure confinement and the reasons why efforts were | ||||||
25 | unsuccessful in
locating a less restrictive alternative to | ||||||
26 | jail-based custodial treatment. This treatment may include but |
| |||||||
| |||||||
1 | is not limited to post-traumatic stress disorder, traumatic | ||||||
2 | brain
injury and depression.
| ||||||
3 | (e-5) Recognizing that individuals struggling with
mental | ||||||
4 | health, addiction and related co-occurring disorders have
| ||||||
5 | often experienced trauma, veterans and servicemembers court | ||||||
6 | programs
may include specialized service programs specifically | ||||||
7 | designed to
address trauma. These specialized services may be | ||||||
8 | offered to defendants
admitted to the mental health court | ||||||
9 | program. Judicial circuits
establishing these specialized | ||||||
10 | programs shall partner with advocates,
survivors, and service | ||||||
11 | providers in the development of the programs.
Trauma-informed | ||||||
12 | services and programming should be operated in
accordance with | ||||||
13 | best practices outlined by the Substance Abuse
and Mental | ||||||
14 | Health Service Administration's National Center for Trauma
| ||||||
15 | Informed Care (SAMHSA).
| ||||||
16 | (f) 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 volunteer veterans | ||||||
20 | and local veteran service organizations, including a VAC. Peer | ||||||
21 | recovery coaches shall be trained and certified by the Court , | ||||||
22 | a service provider
utilized by the court for substance use or | ||||||
23 | mental health treatment, or
be a recovery support specialist | ||||||
24 | certified by the State of Illinois.
Peer recovery coaches | ||||||
25 | shall be approved by the Court and complete
orientation with | ||||||
26 | the court team prior to being assigned to participants in the |
| |||||||
| |||||||
1 | program. | ||||||
2 | (Source: P.A. 99-314, eff. 8-7-15; 99-819, eff. 8-15-16.)
| ||||||
3 | (730 ILCS 167/30)
| ||||||
4 | Sec. 30. Mental health and substance use abuse treatment. | ||||||
5 | (a) The Veterans and Servicemembers Court program may | ||||||
6 | maintain a network of
substance use abuse treatment programs | ||||||
7 | representing a continuum of graduated substance use abuse
| ||||||
8 | treatment options commensurate with the needs of defendants; | ||||||
9 | these shall include programs with
the VA, IDVA, a VAC, the | ||||||
10 | State of Illinois and community-based programs supported and | ||||||
11 | sanctioned by
either or both.
| ||||||
12 | (b) Any substance use abuse treatment program to which | ||||||
13 | defendants are referred must be licensed by the State of | ||||||
14 | Illinois
as SUPR providers and utilize best practices, | ||||||
15 | recognized by the
Substance Abuse and Mental Health Services | ||||||
16 | Administration or
other equivalent state or federal agencies, | ||||||
17 | meet
all of the rules and governing programs in Parts 2030 and | ||||||
18 | 2060 of Title 77 of the Illinois
Administrative Code.
| ||||||
19 | (c) The Veterans and Servicemembers Court program may, in | ||||||
20 | its discretion, employ
additional services or interventions, | ||||||
21 | as it deems necessary on a case by case basis.
| ||||||
22 | (d) The Veterans and Servicemembers Court program may | ||||||
23 | maintain or collaborate with a
network of mental health | ||||||
24 | treatment programs and, if it is a co-occurring mental health | ||||||
25 | and
substance use abuse court program, a network of substance |
| |||||||
| |||||||
1 | use abuse treatment programs representing a
continuum of | ||||||
2 | treatment options commensurate with the needs of the defendant | ||||||
3 | and available
resources including programs with the VA, the | ||||||
4 | IDVA, a VAC, and the State of Illinois.
When not utilizing | ||||||
5 | mental health treatment
or services available through the VA, | ||||||
6 | IDVA or VAC, partnerships
with providers certified as | ||||||
7 | community mental health or behavioral
health centers shall be | ||||||
8 | prioritized as possible.
| ||||||
9 | (Source: P.A. 99-819, eff. 8-15-16.)
| ||||||
10 | (730 ILCS 167/35)
| ||||||
11 | Sec. 35. Violation; termination; discharge. | ||||||
12 | (a) If the Court finds from the evidence presented | ||||||
13 | including but not limited to the reports
or proffers of proof | ||||||
14 | from the Veterans and Servicemembers Court professionals that:
| ||||||
15 | (1) the defendant is not performing satisfactorily in | ||||||
16 | the assigned program; | ||||||
17 | (2) the defendant is not benefitting from education, | ||||||
18 | treatment, or rehabilitation; | ||||||
19 | (3) the defendant has engaged in criminal conduct | ||||||
20 | rendering him or her
unsuitable for the program; or
| ||||||
21 | (4) the defendant has otherwise violated the terms and | ||||||
22 | conditions of the program
or his or her sentence or is for | ||||||
23 | any reason unable to participate; the Court may impose | ||||||
24 | reasonable sanctions under prior written agreement of the
| ||||||
25 | defendant, including but not limited to imprisonment or |
| |||||||
| |||||||
1 | dismissal of the defendant from the
program and the Court | ||||||
2 | may reinstate criminal proceedings against him or her or | ||||||
3 | proceed under
Section 5-6-4 of the Unified Code of | ||||||
4 | Corrections for a violation of probation, conditional
| ||||||
5 | discharge, or supervision hearing. | ||||||
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 him or her in
the original | ||||||
11 | 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 any convictions eligible for | ||||||
15 | sealing under the Criminal
Identification Act. Defendants may | ||||||
16 | immediately file
petitions to expunge vacated convictions and | ||||||
17 | the associated underlying
records per the Criminal | ||||||
18 | Identification Act. In cases where the State's
Attorney moves | ||||||
19 | to vacate a conviction, the State's
Attorney may not object to | ||||||
20 | expungement
of that conviction or the underlying record. | ||||||
21 | (d) Veterans and servicemembers court programs may | ||||||
22 | maintain or
collaborate with a network of legal aid | ||||||
23 | organizations that specialize in
conviction relief to support | ||||||
24 | participants navigating the expungement
and sealing process.
| ||||||
25 | (Source: P.A. 96-924, eff. 6-14-10.)
|
| |||||||
| |||||||
1 | (730 ILCS 167/40 new) | ||||||
2 | Sec. 40. Education seminars for judges. The Administrative
| ||||||
3 | Office of the Illinois Courts shall conduct education seminars
| ||||||
4 | for judges throughout the State on how to operate Veterans and
| ||||||
5 | Servicemembers Court Programs.
| ||||||
6 | (730 ILCS 167/45 new) | ||||||
7 | Sec. 45. Education seminars for Veterans and | ||||||
8 | Servicemembers
Court prosecutors. Subject to appropriation, | ||||||
9 | the Office of the
State's Attorneys Appellate Prosecutor shall | ||||||
10 | conduct mandatory
education seminars on the subjects of | ||||||
11 | substance use, addiction,
and mental health, for all Veterans | ||||||
12 | and Servicemembers Court
prosecutors throughout the State.
| ||||||
13 | (730 ILCS 167/50 new) | ||||||
14 | Sec. 50. Education seminars for public defenders. Subject | ||||||
15 | to
appropriation, the Office of the State Appellate Defender | ||||||
16 | shall
conduct mandatory education seminars on the subjects of
| ||||||
17 | substance use, addiction, and mental health, for all public
| ||||||
18 | defenders and assistant public defenders practicing in | ||||||
19 | Veterans
and Servicemembers Courts throughout the State.
| ||||||
20 | Section 15. The Mental Health Court Treatment Act is | ||||||
21 | amended by changing Sections 5, 10, 20, 25, 30, and 35 and by | ||||||
22 | adding Sections 45, 50, and 55 as follows:
|
| |||||||
| |||||||
1 | (730 ILCS 168/5)
| ||||||
2 | Sec. 5. Purposes. The General Assembly recognizes that a | ||||||
3 | large percentage of criminal defendants have a diagnosable | ||||||
4 | mental illness and that mental illnesses have a dramatic | ||||||
5 | effect on the criminal justice system in the State of | ||||||
6 | Illinois. The General Assembly also recognizes that mental | ||||||
7 | illness and substance use disorders abuse problems co-occur in | ||||||
8 | a substantial percentage of criminal defendants. There is a | ||||||
9 | critical need for a criminal justice system program that will | ||||||
10 | reduce the number of persons with mental illnesses and with | ||||||
11 | co-occurring mental illness and substance use disorders abuse | ||||||
12 | problems in the criminal justice system, reduce recidivism | ||||||
13 | among persons with mental illness and with co-occurring mental | ||||||
14 | illness and substance use disorders abuse problems , provide | ||||||
15 | appropriate treatment to persons with mental illnesses and | ||||||
16 | co-occurring mental illness and substance use disorders abuse | ||||||
17 | problems and reduce the incidence of crimes committed as a | ||||||
18 | result of mental illnesses or co-occurring mental illness and | ||||||
19 | substance use disorders abuse problems . It is the intent of | ||||||
20 | the General Assembly to create specialized mental health | ||||||
21 | courts with the necessary flexibility to meet the needs | ||||||
22 | problems of criminal defendants with mental illnesses and | ||||||
23 | co-occurring mental illness and substance use disorders abuse | ||||||
24 | problems in the State of Illinois.
| ||||||
25 | (Source: P.A. 95-606, eff. 6-1-08 .)
|
| |||||||
| |||||||
1 | (730 ILCS 168/10)
| ||||||
2 | Sec. 10. Definitions. As used in this Act: | ||||||
3 | "Mental health court", "mental health court program", or | ||||||
4 | "program" means a structured judicial intervention process for | ||||||
5 | mental health treatment of eligible defendants that brings | ||||||
6 | together mental health professionals, local social programs, | ||||||
7 | and intensive judicial monitoring. | ||||||
8 | "Mental health court professional" means a member of the | ||||||
9 | mental health court team, including
but not limited to a | ||||||
10 | judge, prosecutor, defense attorney, probation officer, | ||||||
11 | coordinator, treatment provider, or peer recovery coach. | ||||||
12 | "Pre-adjudicatory mental health court program" means a | ||||||
13 | program that allows the defendant, with the consent of the | ||||||
14 | prosecution, to expedite the defendant's criminal case before | ||||||
15 | conviction or before filing of a criminal case and requires | ||||||
16 | successful completion of the mental health court program as | ||||||
17 | part of the agreement. | ||||||
18 | "Post-adjudicatory mental health court program" means a | ||||||
19 | program in which the defendant has admitted guilt or has been | ||||||
20 | found guilty and agrees, along with the prosecution, to enter | ||||||
21 | a mental health court program as part of the defendant's | ||||||
22 | sentence. | ||||||
23 | "Combination mental health court program" means a mental | ||||||
24 | health court program that
includes a pre-adjudicatory mental | ||||||
25 | health court program and a post-adjudicatory mental health | ||||||
26 | court program. |
| |||||||
| |||||||
1 | "Co-occurring mental health and substance use abuse court | ||||||
2 | program" means a program that includes persons with | ||||||
3 | co-occurring mental illness and substance use disorders abuse | ||||||
4 | problems . Such programs
shall include professionals with | ||||||
5 | training and experience in treating persons with substance use | ||||||
6 | disorders abuse problems and mental illness.
| ||||||
7 | "Clinical treatment plan" means an evidence-based,
| ||||||
8 | comprehensive, and individualized plan that defines the scope | ||||||
9 | of
treatment services to be delivered by a treatment provider. | ||||||
10 | "Validated clinical assessment" may include assessment | ||||||
11 | tools
required by public or private insurance. | ||||||
12 | "Peer recovery coach" means a mentor assigned to a | ||||||
13 | defendant
during participation in a mental health treatment | ||||||
14 | court program who has been
trained by the court, a service | ||||||
15 | provider utilized
by the court for substance use or mental | ||||||
16 | health treatment, or be a
recovery support specialist | ||||||
17 | certified by the State of Illinois.
Peer recovery coaches | ||||||
18 | should be individuals with lived experience
and shall guide | ||||||
19 | and mentor the participant to successfully complete
the | ||||||
20 | assigned requirements and work to help facilitate | ||||||
21 | participants'
independence for continued success once the | ||||||
22 | supports of the court are
no longer available to them.
| ||||||
23 | (Source: P.A. 97-946, eff. 8-13-12.)
| ||||||
24 | (730 ILCS 168/20) | ||||||
25 | Sec. 20. Eligibility. |
| |||||||
| |||||||
1 | (a) A defendant, who is eligible for probation based on | ||||||
2 | the nature of the crime convicted of and in consideration of | ||||||
3 | his or her criminal background, if any, may be admitted into a | ||||||
4 | mental health court program only upon the agreement of the | ||||||
5 | defendant and with the approval of the court. | ||||||
6 | (b) A defendant shall be excluded from a mental health | ||||||
7 | court program if any one of the following applies: | ||||||
8 | (1) The crime is a crime of violence as set forth in | ||||||
9 | clause (3) of this subsection (b). | ||||||
10 | (2) The defendant does not demonstrate a willingness | ||||||
11 | to participate in a treatment program. | ||||||
12 | (3) The defendant has been convicted of a crime of | ||||||
13 | violence within the past 10 years excluding incarceration | ||||||
14 | time. As used in this paragraph (3), "crime of violence" | ||||||
15 | means: first degree murder, second degree murder, | ||||||
16 | predatory criminal sexual assault of a child, aggravated | ||||||
17 | criminal sexual assault, criminal sexual assault, armed | ||||||
18 | robbery, aggravated arson, arson, aggravated kidnapping, | ||||||
19 | kidnapping, aggravated battery resulting in great bodily | ||||||
20 | harm or permanent disability, stalking, aggravated | ||||||
21 | stalking, or any offense involving the discharge of a | ||||||
22 | firearm. | ||||||
23 | (4) (Blank). | ||||||
24 | (5) The crime for which the defendant has been | ||||||
25 | convicted is non-probationable. | ||||||
26 | (6) The sentence imposed on the defendant, whether the |
| |||||||
| |||||||
1 | result of a plea or a finding of guilt, renders the | ||||||
2 | defendant ineligible for probation.
| ||||||
3 | (c) A defendant charged with prostitution under Section | ||||||
4 | 11-14 of the Criminal Code of 2012 may be admitted into a | ||||||
5 | mental health court program, if available in the jurisdiction | ||||||
6 | and provided that the requirements in subsections (a) and (b) | ||||||
7 | are satisfied. Mental health court programs may include | ||||||
8 | specialized service programs specifically designed to address | ||||||
9 | the trauma associated with prostitution and human trafficking, | ||||||
10 | and may offer those specialized services to defendants | ||||||
11 | admitted to the mental health court program. Judicial circuits | ||||||
12 | establishing these specialized programs shall partner with | ||||||
13 | prostitution and human trafficking advocates, survivors, and | ||||||
14 | service providers in the development of the programs. | ||||||
15 | (Source: P.A. 100-426, eff. 1-1-18 .)
| ||||||
16 | (730 ILCS 168/25)
| ||||||
17 | Sec. 25. Procedure. | ||||||
18 | (a) The court shall require an eligibility screening and | ||||||
19 | an assessment of the defendant. The assessment shall include a
| ||||||
20 | validated clinical assessment. The clinical assessment shall | ||||||
21 | include,
but not be limited to, assessments of substance use, | ||||||
22 | mental and
behavioral health needs. The clinical assessment | ||||||
23 | shall be administered
by a qualified clinician and used to | ||||||
24 | inform any clinical treatment plans.
Clinical treatment plans | ||||||
25 | shall be developed, in part, upon the known
availability of |
| |||||||
| |||||||
1 | treatment resources available. An assessment need not be | ||||||
2 | ordered if the court finds a valid assessment related to the | ||||||
3 | present charge pending against the defendant has been | ||||||
4 | completed within the previous 60 days. | ||||||
5 | (b) The judge shall inform the defendant that if the | ||||||
6 | defendant fails to meet the requirements of the mental health | ||||||
7 | court program, eligibility to participate in the program may | ||||||
8 | be revoked and the defendant may be sentenced or the | ||||||
9 | prosecution continued, as provided in the Unified Code of | ||||||
10 | Corrections, for the crime charged. | ||||||
11 | (c) The defendant shall execute a written agreement as to | ||||||
12 | his or her participation in the program and shall agree to all | ||||||
13 | of the terms and conditions of the program, including but not | ||||||
14 | limited to the possibility of sanctions or incarceration for | ||||||
15 | failing to abide or comply with the terms of the program. | ||||||
16 | (d) 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 | mental health or substance use abuse treatment in an | ||||||
20 | outpatient, inpatient, residential, or jail-based custodial | ||||||
21 | treatment program , order the defendant to
complete mental | ||||||
22 | health counseling in an inpatient or outpatient basis,
comply | ||||||
23 | with physicians' recommendation regarding medications and all
| ||||||
24 | follow up treatment for any mental health diagnosis made by | ||||||
25 | the provider.
Substance abuse treatment programs must be | ||||||
26 | licensed by the State of
Illinois as a Substance Use |
| |||||||
| |||||||
1 | Prevention and Recovery (SUPR) provider and utilize | ||||||
2 | evidence-based treatment. When referring participants to | ||||||
3 | mental health treatment
programs, the court shall prioritize | ||||||
4 | providers certified as community
mental health or behavioral | ||||||
5 | health centers as possible. The court shall
prioritize the | ||||||
6 | least restrictive treatment option when ordering
mental health | ||||||
7 | or substance use treatment for participants. The
court may | ||||||
8 | order jail-based custodial treatment if it finds that
| ||||||
9 | jail-based treatment is the least restrictive alternative | ||||||
10 | based on
evidence that efforts were made to locate less | ||||||
11 | restrictive alternatives
to secure confinement and the reasons | ||||||
12 | why efforts were unsuccessful in
locating a less restrictive | ||||||
13 | alternative to jail-based custodial treatment . Any period of | ||||||
14 | time a defendant shall serve in a jail-based treatment program | ||||||
15 | may not be reduced by the accumulation of good time or other | ||||||
16 | credits and may be for a period of up to 120 days. | ||||||
17 | (e) The mental health court program may include a regimen | ||||||
18 | of graduated requirements and rewards and sanctions, including | ||||||
19 | but not limited to: fines, fees, costs, restitution, | ||||||
20 | incarceration of up to 180 days, individual and group therapy, | ||||||
21 | medication, drug analysis testing, close monitoring by the | ||||||
22 | court and supervision of progress, educational or vocational | ||||||
23 | counseling as appropriate and other requirements necessary to | ||||||
24 | fulfill the mental health court program.
| ||||||
25 | (f) The Mental Health Court program may maintain or | ||||||
26 | collaborate
with a network of mental health treatment programs |
| |||||||
| |||||||
1 | and, if it is
a co-occurring mental health and substance use | ||||||
2 | court program,
a network of substance use treatment programs | ||||||
3 | representing a
continuum of treatment options commensurate | ||||||
4 | with the needs of the
defendant and available resources | ||||||
5 | including programs with the State
of Illinois. | ||||||
6 | (g) Recognizing that individuals struggling with
mental | ||||||
7 | health, addiction and related co-occurring disorders have
| ||||||
8 | often experienced trauma, mental health court programs may | ||||||
9 | include
specialized service programs specifically designed to | ||||||
10 | address trauma.
These specialized services may be offered to | ||||||
11 | defendants admitted to
the mental health court program. | ||||||
12 | Judicial circuits establishing these
specialized programs | ||||||
13 | shall partner with service providers in the
development of the | ||||||
14 | programs. Trauma-informed services and programming
should be | ||||||
15 | operated in accordance with best practices outlined by the
| ||||||
16 | Substance Abuse and Mental Health Service Administration's | ||||||
17 | National
Center for Trauma Informed Care (SAMHSA). | ||||||
18 | (h) The Court may establish a mentorship program that
| ||||||
19 | provides access and support to program participants by peer
| ||||||
20 | recovery coaches. Courts shall be responsible to administer | ||||||
21 | the
mentorship program with the support of mentors and local | ||||||
22 | mental
health and substance use treatment organizations.
Peer | ||||||
23 | recovery coaches shall be trained and licensed by the court,
a | ||||||
24 | service provider utilized by the court for substance use or | ||||||
25 | mental
health treatment, or be a recovery support specialist | ||||||
26 | certified by the
State of Illinois. Peer recovery coaches |
| |||||||
| |||||||
1 | shall be approved by the Court
and complete orientation with | ||||||
2 | the court team prior to being assigned to participants in the | ||||||
3 | program.
| ||||||
4 | (Source: P.A. 95-606, eff. 6-1-08 .)
| ||||||
5 | (730 ILCS 168/30)
| ||||||
6 | Sec. 30. Mental health and substance use abuse treatment. | ||||||
7 | (a) The mental health court program may maintain or | ||||||
8 | collaborate with a network of mental
health treatment programs | ||||||
9 | and, if it is a co-occurring mental health and substance use | ||||||
10 | abuse court program, a network of substance use abuse | ||||||
11 | treatment programs representing a continuum of treatment | ||||||
12 | options commensurate with the needs of defendants and | ||||||
13 | available resources. | ||||||
14 | (b) Any substance use abuse treatment program to which | ||||||
15 | defendants are referred must be licensed by the State of | ||||||
16 | Illinois
as SUPR providers and utilize evidence-based | ||||||
17 | treatment, meet all of the rules and governing programs in | ||||||
18 | Parts 2030 and 2060 of Title 77 of the Illinois Administrative | ||||||
19 | Code. | ||||||
20 | (c) The mental health court program may, at its | ||||||
21 | discretion, employ additional services or interventions, as it | ||||||
22 | deems necessary on a case by case basis.
| ||||||
23 | (Source: P.A. 95-606, eff. 6-1-08 .)
| ||||||
24 | (730 ILCS 168/35)
|
| |||||||
| |||||||
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 mental health court professionals that: | ||||||
5 | (1) the defendant is not performing satisfactorily in | ||||||
6 | the assigned program; | ||||||
7 | (2) the defendant is not benefiting 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.
No defendant may be | ||||||
21 | dismissed from the program unless, prior to such dismissal, | ||||||
22 | the defendant is informed in writing: (i) of the reason or | ||||||
23 | reasons for the dismissal; (ii) the evidentiary basis | ||||||
24 | supporting the reason or reasons for the dismissal; (iii) that | ||||||
25 | the defendant has a right to a hearing at
which he or she may | ||||||
26 | present evidence supporting his or her continuation in the |
| |||||||
| |||||||
1 | program. Based upon the evidence presented, the court shall | ||||||
2 | determine whether the defendant has violated the conditions of | ||||||
3 | the program and whether the defendant should be dismissed from | ||||||
4 | the program or whether some other alternative may be | ||||||
5 | appropriate in the interests of the defendant and the public. | ||||||
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 | the program or from any further proceedings against him or her | ||||||
11 | in 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 any convictions eligible for | ||||||
15 | sealing under the Criminal
Identification Act. Defendants may | ||||||
16 | immediately file
petitions to expunge vacated convictions and | ||||||
17 | the associated underlying
records per the Criminal | ||||||
18 | Identification Act. In cases where the State's
Attorney moves | ||||||
19 | to vacate a conviction, the State's Attorney may not object to | ||||||
20 | expungement
of that conviction or the underlying record. | ||||||
21 | (d) The mental health court program may maintain or | ||||||
22 | collaborate
with a network of legal aid organizations that | ||||||
23 | specialize in conviction
relief to support participants | ||||||
24 | navigating the expungement and sealing
process.
| ||||||
25 | (Source: P.A. 95-606, eff. 6-1-08 .)
|
| |||||||
| |||||||
1 | (730 ILCS 168/45 new) | ||||||
2 | Sec. 45. Education seminars for judges. The Administrative
| ||||||
3 | Office of the Illinois Courts shall conduct education seminars
| ||||||
4 | for judges throughout the State on how to operate Mental | ||||||
5 | Health
Court programs.
| ||||||
6 | (730 ILCS 168/50 new) | ||||||
7 | Sec. 50. Education seminars for Mental Health Court | ||||||
8 | prosecutors. Subject to appropriation, the Office of the | ||||||
9 | State's Attorneys Appellate
Prosecutor shall conduct mandatory | ||||||
10 | education seminars on the subjects of
substance use, addiction | ||||||
11 | and mental health, for all prosecutors
serving in Mental | ||||||
12 | Health courts throughout the State.
| ||||||
13 | (730 ILCS 168/55 new) | ||||||
14 | Sec. 55. Education seminars for public defenders. Subject | ||||||
15 | to
appropriation, the Office of the State Appellate Defender | ||||||
16 | shall
conduct mandatory education seminars on the subjects of | ||||||
17 | substance use,
addiction, and mental health, for all public | ||||||
18 | defenders and assistant public
defenders practicing in Mental | ||||||
19 | Health courts throughout the State.
|