Bill Text: IL SB2565 | 2021-2022 | 102nd General Assembly | Enrolled
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-Enrolled.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-Enrolled.html
| |||||||
| |||||||
| |||||||
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, 15, 20, 25, 30, 35, 40, 45, and 50 as | ||||||
6 | follows:
| ||||||
7 | (730 ILCS 166/5)
| ||||||
8 | Sec. 5. Purposes. The General Assembly recognizes that | ||||||
9 | individuals struggling with substance use disorders may come | ||||||
10 | into contact with the criminal justice system and be charged | ||||||
11 | with felony or misdemeanor offenses. The General Assembly also | ||||||
12 | recognizes that substance use disorders and mental illness | ||||||
13 | co-occur in a substantial percentage of criminal defendants | ||||||
14 | the use and
abuse of drugs has a dramatic effect on the | ||||||
15 | criminal justice system in the
State
of Illinois . There is a | ||||||
16 | critical need for the a criminal justice system to recognize | ||||||
17 | individuals struggling with these issues, provide alternatives | ||||||
18 | to incarceration to address substance use disorders when | ||||||
19 | possible, and provide appropriate access to treatment and | ||||||
20 | support to such individuals program
that
will reduce the | ||||||
21 | incidence of drug use, drug addiction, and crimes committed as
| ||||||
22 | a
result of drug use and drug addiction . It is the intent of | ||||||
23 | the General Assembly
to create specialized drug courts , in |
| |||||||
| |||||||
1 | accordance with evidence-based practices and the Illinois | ||||||
2 | Supreme Court Problem-Solving Court Standards for addressing | ||||||
3 | substance use and co-occurring disorders, with the necessary | ||||||
4 | flexibility to meet the needs for an array of services and | ||||||
5 | supports among participants in certified drug court programs | ||||||
6 | the
drug problems in the State of Illinois.
| ||||||
7 | (Source: P.A. 92-58, eff. 1-1-02.)
| ||||||
8 | (730 ILCS 166/10)
| ||||||
9 | Sec. 10. Definitions. As used in this Act:
| ||||||
10 | "Certification" means the process by which a | ||||||
11 | problem-solving court obtains approval from the Supreme Court | ||||||
12 | to operate in accordance with the Problem-Solving Court | ||||||
13 | Standards. | ||||||
14 | "Clinical treatment plan" means an evidence-based, | ||||||
15 | comprehensive, and individualized plan that: (i) is developed | ||||||
16 | by a qualified professional in accordance with the Department | ||||||
17 | of Human Services substance use prevention and recovery rules | ||||||
18 | under 77 Ill. Adm. Code 2060 or an equivalent standard in any | ||||||
19 | state where treatment may take place; and (ii) defines the | ||||||
20 | scope of treatment services to be delivered by a court | ||||||
21 | treatment provider. | ||||||
22 | "Combination drug court program" means a type of | ||||||
23 | problem-solving court that allows an individual to enter a | ||||||
24 | problem-solving court before a plea, conviction, or | ||||||
25 | disposition while also permitting an individual who has |
| |||||||
| |||||||
1 | admitted guilt, or been found guilty, to enter a | ||||||
2 | problem-solving court as a part of the individual's sentence | ||||||
3 | or disposition. | ||||||
4 | "Community behavioral health center" means a physical site | ||||||
5 | where behavioral healthcare services are provided in | ||||||
6 | accordance with the Community Behavioral Health Center | ||||||
7 | Infrastructure Act. | ||||||
8 | "Community mental health center" means an entity: | ||||||
9 | (1) licensed by the Department of Public Health as a | ||||||
10 | community mental health center in accordance with the | ||||||
11 | conditions of participation for community mental health | ||||||
12 | centers established by the Centers for Medicare and | ||||||
13 | Medicaid Services; and | ||||||
14 | (2) that provides outpatient services, including | ||||||
15 | specialized outpatient services, for individuals who are | ||||||
16 | chronically mental ill. | ||||||
17 | "Co-occurring mental health and substance use disorders | ||||||
18 | court program" means a program that includes an individual | ||||||
19 | with co-occurring mental illness and substance use disorder | ||||||
20 | diagnoses and professionals with training and experience in | ||||||
21 | treating individuals with diagnoses of substance use disorder | ||||||
22 | and mental illness. | ||||||
23 | "Drug court", "drug court program", "court", or "program" | ||||||
24 | means a specially designated court, court calendar, or docket | ||||||
25 | facilitating intensive therapeutic treatment to monitor and | ||||||
26 | assist participants with substance use disorders in making |
| |||||||
| |||||||
1 | positive lifestyle changes and reducing the rate of | ||||||
2 | recidivism. Drug court programs are nonadversarial in nature | ||||||
3 | and bring together substance use disorder professionals, local | ||||||
4 | social programs, and monitoring in accordance with the | ||||||
5 | nationally recommended 10 key components of drug courts and | ||||||
6 | the Problem-Solving Court Standards. Common features of a drug | ||||||
7 | court program include, but are not limited to, a designated | ||||||
8 | judge and staff; specialized intake and screening procedures; | ||||||
9 | coordinated treatment procedures administered by a trained, | ||||||
10 | multidisciplinary professional team; close evaluation of | ||||||
11 | participants, including continued assessments and modification | ||||||
12 | of the court requirements and use of sanctions, incentives, | ||||||
13 | and therapeutic adjustments to address behavior; frequent | ||||||
14 | judicial interaction with participants; less formal court | ||||||
15 | process and procedures; voluntary participation; and a low | ||||||
16 | treatment staff-to-client ratio. an immediate and
highly
| ||||||
17 | structured judicial intervention process for substance abuse | ||||||
18 | treatment of
eligible defendants that brings together | ||||||
19 | substance abuse professionals, local
social programs, and | ||||||
20 | intensive judicial monitoring in accordance with the
| ||||||
21 | nationally recommended 10 key components of drug courts.
| ||||||
22 | "Drug court professional" means a member of the drug court | ||||||
23 | team, including but not limited to
a judge, prosecutor, | ||||||
24 | defense attorney,
probation officer, coordinator, or treatment | ||||||
25 | provider , or peer recovery coach .
| ||||||
26 | "Peer recovery coach" means a mentor assigned to a |
| |||||||
| |||||||
1 | defendant during participation in a drug treatment court | ||||||
2 | program who has been trained by the court, a service provider | ||||||
3 | used by the court for substance use disorder or mental health | ||||||
4 | treatment, a local service provider with an established peer | ||||||
5 | recovery coach or mentor program not otherwise used by the | ||||||
6 | court for treatment, or a Certified Recovery Support | ||||||
7 | Specialist certified by the Illinois Certification Board. | ||||||
8 | "Peer recovery coach" includes individuals with lived | ||||||
9 | experiences of the issues the problem-solving court seeks to | ||||||
10 | address, including, but not limited to, substance use | ||||||
11 | disorder, mental illness, and co-occurring disorders or | ||||||
12 | involvement with the criminal justice system. "Peer recovery | ||||||
13 | coach" includes individuals required to guide and mentor the | ||||||
14 | participant to successfully complete assigned requirements and | ||||||
15 | to facilitate participants' independence for continued success | ||||||
16 | once the supports of the court are no longer available to them. | ||||||
17 | "Post-adjudicatory drug court program" means a program | ||||||
18 | that allows an individual who has admitted
guilt
or has been | ||||||
19 | found guilty, with the defendant's consent, and the approval | ||||||
20 | of the court, to enter a
drug
court program as part of the | ||||||
21 | defendant's sentence or disposition. | ||||||
22 | "Pre-adjudicatory drug court program" means a program that | ||||||
23 | allows
the defendant,
with the defendant's consent and the | ||||||
24 | approval of the court, to enter the drug court program before | ||||||
25 | plea, conviction, or disposition and requires successful
| ||||||
26 | completion of the drug court program as part of the agreement. |
| |||||||
| |||||||
1 | "Problem-Solving Court Standards" means the statewide | ||||||
2 | standards adopted by the Supreme Court that set forth the | ||||||
3 | minimum requirements for the planning, establishment, | ||||||
4 | certification, operation, and evaluation of all | ||||||
5 | problem-solving courts in this State. | ||||||
6 | "Validated clinical assessment" means a validated | ||||||
7 | assessment tool administered by a qualified clinician to | ||||||
8 | determine the treatment needs of participants. "Validated | ||||||
9 | clinical assessment" includes assessment tools required by | ||||||
10 | public or private insurance. | ||||||
11 | "Pre-adjudicatory drug court program" means a program that | ||||||
12 | allows
the defendant,
with the consent of the prosecution, to | ||||||
13 | expedite the defendant's criminal case
before conviction or | ||||||
14 | before filing of a criminal case and requires successful
| ||||||
15 | completion of the drug court program as part of the agreement.
| ||||||
16 | "Post-adjudicatory drug court program" means a program in | ||||||
17 | which the
defendant has admitted
guilt
or has been found | ||||||
18 | guilty and agrees, along with the prosecution, to enter a
drug
| ||||||
19 | court program as part of the defendant's sentence.
| ||||||
20 | "Combination drug court program" means a drug court | ||||||
21 | program that includes a
pre-adjudicatory drug court program | ||||||
22 | and a post-adjudicatory drug court program.
| ||||||
23 | (Source: P.A. 97-946, eff. 8-13-12.)
| ||||||
24 | (730 ILCS 166/15)
| ||||||
25 | Sec. 15. Authorization. |
| |||||||
| |||||||
1 | (a) The Chief Judge of each judicial circuit may must
| ||||||
2 | establish a
drug
court program in compliance with the | ||||||
3 | Problem-Solving Court Standards. At the discretion of the | ||||||
4 | Chief Judge, the drug court program may be operated in one or | ||||||
5 | more counties of the circuit and allow defendants from all | ||||||
6 | counties within the circuit to participate. Drug court | ||||||
7 | programs must be certified by the Illinois Supreme Court | ||||||
8 | including the format under which it operates under
this Act .
| ||||||
9 | (b) Whenever the county boards of 2 or more counties | ||||||
10 | within the same judicial circuit shall determine that a single | ||||||
11 | drug court program would best serve those counties, the county | ||||||
12 | board of each such county may shall adopt a resolution to the | ||||||
13 | effect that there shall be a single drug court program serving | ||||||
14 | those counties, and shall provide a copy of the resolution to | ||||||
15 | the Chief Judge of the judicial circuit. Upon receipt of such a | ||||||
16 | resolution, those resolutions, the Chief Judge may shall | ||||||
17 | establish or, in the case of an existing drug court program, | ||||||
18 | reorganize re-organize a single drug court program to serve | ||||||
19 | those counties. | ||||||
20 | (c) (Blank). Upon petition of the county board by the | ||||||
21 | State's Attorney, the court may, for good cause shown of | ||||||
22 | financial hardship or lack of necessary resources, enter an | ||||||
23 | order delaying the implementation of the requirements of | ||||||
24 | subsection (a) of this Section for an individual county, for a | ||||||
25 | period not to exceed 2 years. | ||||||
26 | (Source: P.A. 96-776, eff. 1-1-10.)
|
| |||||||
| |||||||
1 | (730 ILCS 166/20)
| ||||||
2 | Sec. 20. Eligibility.
| ||||||
3 | (a) A defendant may be admitted into a drug court program | ||||||
4 | only upon the consent
agreement of the defendant and with the | ||||||
5 | approval of the
court. A defendant agrees to be admitted when a | ||||||
6 | written consent to participate is provided to the court in | ||||||
7 | open court and the defendant acknowledges understanding its | ||||||
8 | contents. | ||||||
9 | (a-5) Each drug court shall have a target population | ||||||
10 | defined in its written policies and procedures. The policies | ||||||
11 | and procedures shall define that court's eligibility and | ||||||
12 | exclusionary criteria.
| ||||||
13 | (b) A defendant shall be excluded from a drug court | ||||||
14 | program if any of one of
the following applies apply :
| ||||||
15 | (1) The crime is a crime of violence as set forth in | ||||||
16 | paragraph clause (4) of this
subsection (b).
| ||||||
17 | (2) The defendant denies his or her use of or | ||||||
18 | addiction to drugs.
| ||||||
19 | (3) The defendant does not demonstrate a willingness | ||||||
20 | to participate in
a treatment program.
| ||||||
21 | (4) The defendant has been convicted of a crime of | ||||||
22 | violence within the
past 5
10 years excluding | ||||||
23 | incarceration time , parole, and periods of mandatory | ||||||
24 | supervised release . As used in this paragraph Section , | ||||||
25 | "crime of violence" means: first
degree murder, second |
| |||||||
| |||||||
1 | degree murder, predatory criminal sexual assault of a
| ||||||
2 | child, aggravated criminal sexual assault, criminal sexual | ||||||
3 | assault, armed
robbery, aggravated arson, arson, | ||||||
4 | aggravated kidnaping, kidnapping kidnaping , aggravated
| ||||||
5 | battery resulting in great bodily harm or permanent | ||||||
6 | disability, aggravated domestic battery resulting in great | ||||||
7 | bodily harm or permanent disability, aggravated criminal | ||||||
8 | sexual abuse by a person in a position of trust or | ||||||
9 | authority over a child, stalking,
aggravated stalking, | ||||||
10 | home invasion, aggravated vehicular hijacking, or any | ||||||
11 | offense
involving the discharge of a firearm.
| ||||||
12 | (5) The defendant is charged with a violation of | ||||||
13 | subparagraph (F) of paragraph (1) of subsection (d) of | ||||||
14 | Section 11-501 of the Illinois Vehicle Code in which an | ||||||
15 | individual is charged with aggravated driving under the | ||||||
16 | influence that resulted in the death of another person or | ||||||
17 | when the violation was a proximate cause of the death, | ||||||
18 | unless, pursuant to subparagraph (G) of paragraph (1) of | ||||||
19 | subsection (d) of Section 11-501 of the Illinois Vehicle | ||||||
20 | Code, the court determines that extraordinary | ||||||
21 | circumstances exist and require probation. | ||||||
22 | (c) Notwithstanding subsection (a), the defendant may be | ||||||
23 | admitted into a drug court program only upon the agreement of | ||||||
24 | the prosecutor if the defendant is charged with a Class 2 or | ||||||
25 | greater felony violation of : | ||||||
26 | (1) Section 401, 401.1, 405, or 405.2 of the Illinois |
| |||||||
| |||||||
1 | Controlled Substances Act; | ||||||
2 | (2) Section 5, 5.1, or 5.2 of the Cannabis Control | ||||||
3 | Act; or | ||||||
4 | (3) Section 15, 20, 25, 30, 35, 40, 45, 50, 55, 56, or | ||||||
5 | 65 of the Methamphetamine Control and Community Protection | ||||||
6 | Act. | ||||||
7 | the defendant is charged with a Class 2 or greater felony | ||||||
8 | violation of: | ||||||
9 | (A) Section 401, 401.1, 405, or 405.2 of the | ||||||
10 | Illinois Controlled Substances Act; | ||||||
11 | (B) Section 5, 5.1, or 5.2 of the Cannabis Control | ||||||
12 | Act; | ||||||
13 | (C) Section 15, 20, 25, 30, 35, 40, 45, 50, 55, 56, | ||||||
14 | or 65 of the Methamphetamine Control and Community | ||||||
15 | Protection Act; or | ||||||
16 | (2) the defendant has previously, on 3 or more | ||||||
17 | occasions, either completed a drug court program, been | ||||||
18 | discharged from a drug court program, or been terminated | ||||||
19 | from a drug court program.
| ||||||
20 | (Source: P.A. 99-480, eff. 9-9-15.)
| ||||||
21 | (730 ILCS 166/25)
| ||||||
22 | Sec. 25. Procedure.
| ||||||
23 | (a) A The court shall order an eligibility screening and | ||||||
24 | clinical needs an assessment and risk assessment of the
| ||||||
25 | defendant shall be performed as required by the court's |
| |||||||
| |||||||
1 | policies and procedures prior to the defendant's admission | ||||||
2 | into a drug court. The clinical needs assessment shall be | ||||||
3 | conducted in accordance with the Department of Human Services | ||||||
4 | substance use prevention and recovery rules under 77 Ill. Adm. | ||||||
5 | Code 2060. The assessment shall include, but is not limited | ||||||
6 | to, assessments of substance use and mental and behavioral | ||||||
7 | health needs. The assessment shall be administered by | ||||||
8 | individuals approved under the Department of Human Services | ||||||
9 | substance use prevention and recovery rules for professional | ||||||
10 | staff under 77 Ill. Adm. Code 2060 and used to inform any | ||||||
11 | clinical treatment plans. Clinical treatment plans shall be | ||||||
12 | developed in accordance with the Problem-Solving Court | ||||||
13 | Standards and in part upon the known availability of treatment | ||||||
14 | resources. | ||||||
15 | Any risk assessment shall be performed using an assessment | ||||||
16 | tool approved by the Administrative Office of the Illinois | ||||||
17 | Courts and as required by the court's policies and procedures. | ||||||
18 | by an agent designated by the State of Illinois to provide | ||||||
19 | assessment
services for the Illinois Courts. | ||||||
20 | An assessment need not be ordered if the
court finds a | ||||||
21 | valid assessment related to the present charge pending against
| ||||||
22 | the defendant has been completed within the previous 60 days.
| ||||||
23 | (b) The judge shall inform the defendant that if the | ||||||
24 | defendant fails to
meet the conditions of the drug court | ||||||
25 | program, eligibility to participate in
the
program may be | ||||||
26 | revoked and the defendant may be sentenced or the prosecution
|
| |||||||
| |||||||
1 | continued as provided in
the
Unified Code of Corrections for | ||||||
2 | the crime charged.
| ||||||
3 | (c) The defendant shall execute a written agreement as to | ||||||
4 | his or her
participation in the program and shall agree to all | ||||||
5 | of the terms and conditions
of the program, including but not | ||||||
6 | limited to the possibility of sanctions or
incarceration for | ||||||
7 | failing to abide or comply with the terms of the program.
| ||||||
8 | (d) In addition to any conditions authorized under the | ||||||
9 | Pretrial Services
Act and Section 5-6-3 of the Unified Code of | ||||||
10 | Corrections, the court may order
the participant to complete | ||||||
11 | mental health counseling or substance use disorder treatment | ||||||
12 | in an outpatient or residential treatment program and may | ||||||
13 | order the participant to comply with physicians' | ||||||
14 | recommendations regarding medications and all follow-up | ||||||
15 | treatment for any mental health diagnosis made by the | ||||||
16 | provider. Substance use disorder treatment programs must be | ||||||
17 | licensed by the Department of Human Services in accordance | ||||||
18 | with the Department of Human Services substance use prevention | ||||||
19 | and recovery rules, or an equivalent standard in any other | ||||||
20 | state where the treatment may take place, and use | ||||||
21 | evidence-based treatment. When referring participants to | ||||||
22 | mental health treatment programs, the court shall prioritize | ||||||
23 | providers certified as community mental health or behavioral | ||||||
24 | health centers if possible. The court shall consider the least | ||||||
25 | restrictive treatment option when ordering mental health or | ||||||
26 | substance use disorder treatment for participants and the |
| |||||||
| |||||||
1 | results of clinical and risk assessments in accordance with | ||||||
2 | the Problem-Solving Court Standards. defendant to complete | ||||||
3 | substance abuse treatment in an outpatient,
inpatient,
| ||||||
4 | residential, or jail-based custodial treatment program. Any | ||||||
5 | period of time a
defendant shall serve in a jail-based | ||||||
6 | treatment program may not be reduced by
the accumulation of | ||||||
7 | good time or other credits and may be for a period of up to
120 | ||||||
8 | days.
| ||||||
9 | (e) The drug court program shall include a regimen of | ||||||
10 | graduated
requirements , including and rewards and sanctions, | ||||||
11 | including but not limited to: fines,
fees, costs, restitution, | ||||||
12 | incarceration of up to 180 days, individual and group
therapy, | ||||||
13 | substance drug
analysis testing, close monitoring by the | ||||||
14 | court , restitution, at a minimum of once every 30
days
and | ||||||
15 | supervision of progress, educational or vocational counseling | ||||||
16 | as
appropriate, and other
requirements necessary to fulfill | ||||||
17 | the drug court program. Program phases, therapeutic | ||||||
18 | adjustments, incentives, and sanctions, including the use of | ||||||
19 | jail sanctions, shall be administered in accordance with | ||||||
20 | evidence-based practices and the Problem-Solving Court | ||||||
21 | Standards. A participant's failure to pay program fines or | ||||||
22 | fees shall not prevent the participant from advancing phases | ||||||
23 | or successfully completing the program. If the participant | ||||||
24 | defendant needs treatment for an opioid use disorder abuse or | ||||||
25 | dependence, the court may not prohibit the participant | ||||||
26 | defendant from participating in and
receiving |
| |||||||
| |||||||
1 | medication-assisted medication assisted treatment under the | ||||||
2 | care of
a physician licensed in this State to practice | ||||||
3 | medicine in all
of its branches. Drug court participants may | ||||||
4 | not be required to refrain from using medication-assisted | ||||||
5 | medication assisted treatment as a term or condition of | ||||||
6 | successful completion of the drug court program.
| ||||||
7 | (f) Recognizing that individuals struggling with mental | ||||||
8 | health, substance use, and related co-occurring disorders have | ||||||
9 | often experienced trauma, drug court programs may include | ||||||
10 | specialized service programs specifically designed to address | ||||||
11 | trauma. These specialized services may be offered to | ||||||
12 | individuals admitted to the drug court program. Judicial | ||||||
13 | circuits establishing these specialized programs shall partner | ||||||
14 | with advocates, survivors, and service providers in the | ||||||
15 | development of the programs. Trauma-informed services and | ||||||
16 | programming shall be operated in accordance with | ||||||
17 | evidence-based best practices as outlined by the Substance | ||||||
18 | Abuse and Mental Health Service Administration's National | ||||||
19 | Center for Trauma-Informed Care. | ||||||
20 | (g) The court may establish a mentorship program that | ||||||
21 | provides access and support to program participants by peer | ||||||
22 | recovery coaches. Courts shall be responsible to administer | ||||||
23 | the mentorship program with the support of mentors and local | ||||||
24 | mental health and substance use disorder treatment | ||||||
25 | organizations. | ||||||
26 | (Source: P.A. 99-554, eff. 1-1-17 .)
|
| |||||||
| |||||||
1 | (730 ILCS 166/30)
| ||||||
2 | Sec. 30. Mental health and substance use disorder | ||||||
3 | Substance abuse treatment.
| ||||||
4 | (a) The drug court program shall maintain a network of | ||||||
5 | substance use disorder abuse
treatment programs representing a | ||||||
6 | continuum of graduated substance use disorder abuse
treatment | ||||||
7 | options commensurate with the needs of the participant | ||||||
8 | defendants .
| ||||||
9 | (b) Any substance use disorder abuse treatment program to | ||||||
10 | which participants defendants are referred
must hold a valid | ||||||
11 | license from the Department of Human Services Division of | ||||||
12 | Substance Use Prevention and Recovery, use evidence-based | ||||||
13 | treatment, and deliver all services in accordance with 77 Ill. | ||||||
14 | Adm. Code 2060, including services available through the | ||||||
15 | United States Department of Veterans Affairs, the Illinois | ||||||
16 | Department of Veterans' Affairs, or Veterans Assistance | ||||||
17 | Commission, or an equivalent standard in any other state where | ||||||
18 | treatment may take place meet all of the rules and governing | ||||||
19 | programs in
Parts 2030 and 2060 of Title 77 of the Illinois | ||||||
20 | Administrative Code .
| ||||||
21 | (c) The drug court program may, at its discretion, employ | ||||||
22 | additional
services or
interventions, as it deems necessary on | ||||||
23 | a case by case basis. | ||||||
24 | (d) The drug court program may maintain or collaborate | ||||||
25 | with a network of mental health treatment programs |
| |||||||
| |||||||
1 | representing a continuum of treatment options commensurate | ||||||
2 | with the needs of the participant and available resources, | ||||||
3 | including programs with the State and community-based programs | ||||||
4 | supported and sanctioned by the State. Partnerships with | ||||||
5 | providers certified as mental health or behavioral health | ||||||
6 | centers shall be prioritized when possible.
| ||||||
7 | (Source: P.A. 92-58, eff. 1-1-02.)
| ||||||
8 | (730 ILCS 166/35)
| ||||||
9 | Sec. 35. Violation; termination; dismissal from program | ||||||
10 | discharge .
| ||||||
11 | (a) If the court finds from the evidence presented, | ||||||
12 | including, but not limited to, the reports or proffers of | ||||||
13 | proof from the drug court professionals, that: (1) the | ||||||
14 | participant is not complying with the requirements of the | ||||||
15 | treatment program; or (2) the participant has otherwise | ||||||
16 | violated the terms and conditions of the program, the court | ||||||
17 | may impose reasonable sanctions under the prior written | ||||||
18 | agreement of the participant, including, but not limited to, | ||||||
19 | imprisonment or dismissal of the participant from the program, | ||||||
20 | and the court may reinstate criminal proceedings against the | ||||||
21 | participant or proceed under Section 5-6-4 of the Unified Code | ||||||
22 | of Corrections for a violation of probation, conditional | ||||||
23 | discharge, or supervision hearing. If the court finds from the | ||||||
24 | evidence presented including but not limited
to the reports or
| ||||||
25 | proffers of proof from the drug court professionals that: |
| |||||||
| |||||||
1 | (1) the defendant is not performing
satisfactorily
in | ||||||
2 | the assigned program;
| ||||||
3 | (2) the defendant is not benefitting from education,
| ||||||
4 | treatment, or rehabilitation;
| ||||||
5 | (3) the defendant has engaged in criminal
conduct
| ||||||
6 | rendering him or her unsuitable for the program; or
| ||||||
7 | (4) the defendant has
otherwise
violated the terms and | ||||||
8 | conditions of the program or his or her sentence or is
for | ||||||
9 | any reason unable to participate;
| ||||||
10 | the court may impose reasonable sanctions
under prior written | ||||||
11 | agreement of the defendant, including but not limited to
| ||||||
12 | imprisonment or dismissal of the defendant from the program | ||||||
13 | and the court may
reinstate
criminal proceedings against him | ||||||
14 | or her or proceed under Section 5-6-4 of the
Unified Code of | ||||||
15 | Corrections for a violation of probation,
conditional | ||||||
16 | discharge,
or supervision hearing. | ||||||
17 | (a-5) Based on the evidence presented, the court shall | ||||||
18 | determine whether the participant has violated the conditions | ||||||
19 | of the program and whether the participant should be dismissed | ||||||
20 | from the program or whether, pursuant to the court's policies | ||||||
21 | and procedures, some other alternative may be appropriate in | ||||||
22 | the interests of the participant and the public. | ||||||
23 | (a-10) A participant defendant who is assigned to a | ||||||
24 | substance use disorder abuse treatment program under this Act | ||||||
25 | for an opioid use disorder abuse or dependence is not in | ||||||
26 | violation of the terms or conditions of the program on the |
| |||||||
| |||||||
1 | basis of his or her participation in medication-assisted | ||||||
2 | medication assisted treatment under the care of a physician | ||||||
3 | licensed in this State to practice medicine in all of its | ||||||
4 | branches.
| ||||||
5 | (a-15) A participant may voluntarily withdraw from the | ||||||
6 | drug court program in accordance with the drug court program's | ||||||
7 | policies and procedures. Prior to allowing the participant to | ||||||
8 | withdraw, the judge shall: | ||||||
9 | (1) ensure that the participant has the right to | ||||||
10 | consult with counsel prior to withdrawal; | ||||||
11 | (2) determine in open court that the withdrawal is | ||||||
12 | made voluntarily and knowingly; and | ||||||
13 | (3) admonish the participant in open court as to the | ||||||
14 | consequences, actual or potential, which can result from | ||||||
15 | withdrawal. | ||||||
16 | Upon withdrawal, the criminal proceedings may be | ||||||
17 | reinstated against the participant or proceedings may be | ||||||
18 | initiated 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-20) No participant may be dismissed from the program | ||||||
22 | unless, prior to dismissal, the participant is informed in | ||||||
23 | writing: | ||||||
24 | (1) of the reason or reasons for the dismissal; | ||||||
25 | (2) the evidentiary basis supporting the reason or | ||||||
26 | reasons for the dismissal; and |
| |||||||
| |||||||
1 | (3) that the participant has a right to a hearing at | ||||||
2 | which the participant may present evidence supporting the | ||||||
3 | participant's continuation in the program. | ||||||
4 | (a-25) A participant who has not violated the conditions | ||||||
5 | of the program in such a way as to warrant unsuccessful | ||||||
6 | dismissal, but who is unable to complete program requirements | ||||||
7 | to qualify for a successful discharge, may be terminated from | ||||||
8 | the program as a neutral discharge. | ||||||
9 | (b) Upon successful completion of the terms and conditions | ||||||
10 | of the program,
the
court may dismiss the original charges | ||||||
11 | against the participant defendant or successfully
terminate | ||||||
12 | the participant's defendant's sentence or otherwise discharge | ||||||
13 | the participant him or her from any
further proceedings | ||||||
14 | against the participant him or her in the original | ||||||
15 | prosecution.
| ||||||
16 | (c) Upon successful completion of the terms and conditions | ||||||
17 | of the program, any State's Attorney in the county of | ||||||
18 | conviction, participant, or defense attorney may move to | ||||||
19 | vacate any convictions that are eligible for sealing under the | ||||||
20 | Criminal Identification Act. A participant may immediately | ||||||
21 | file a petition to expunge vacated convictions and the | ||||||
22 | associated underlying records per the Criminal Identification | ||||||
23 | Act. If the State's Attorney moves to vacate a conviction, the | ||||||
24 | State's Attorney may not object to expungement of that | ||||||
25 | conviction or the underlying record. | ||||||
26 | (d) The drug court program may maintain or collaborate |
| |||||||
| |||||||
1 | with a network of legal aid organizations that specialize in | ||||||
2 | conviction relief to support participants navigating the | ||||||
3 | expungement and sealing process. | ||||||
4 | (Source: P.A. 99-554, eff. 1-1-17 .)
| ||||||
5 | (730 ILCS 166/40) | ||||||
6 | Sec. 40. Education seminars for judges. A judge assigned | ||||||
7 | to preside over a drug treatment court shall have experience, | ||||||
8 | training, and continuing education in topics including, but | ||||||
9 | not limited to: | ||||||
10 | (1) criminal law; | ||||||
11 | (2) behavioral health; | ||||||
12 | (3) confidentiality; | ||||||
13 | (4) ethics; | ||||||
14 | (5) evidence-based practices; | ||||||
15 | (6) substance use disorders; | ||||||
16 | (7) mental illness; | ||||||
17 | (8) co-occurring disorders; and | ||||||
18 | (9) presiding over various types of problem-solving | ||||||
19 | courts. The Administrative Office of the Illinois Courts shall | ||||||
20 | conduct education seminars for judges throughout the State on | ||||||
21 | how to operate drug court programs with a specific emphasis on | ||||||
22 | cases involving the illegal possession of methamphetamine.
| ||||||
23 | (Source: P.A. 94-552, eff. 8-12-05.)
| ||||||
24 | (730 ILCS 166/45) |
| |||||||
| |||||||
1 | Sec. 45. Education seminars for drug court prosecutors. | ||||||
2 | Subject to appropriation, the Office of the State's Attorneys | ||||||
3 | Appellate Prosecutor shall conduct mandatory education | ||||||
4 | seminars on the subjects of substance abuse and addiction for | ||||||
5 | all drug court prosecutors throughout the State to ensure that | ||||||
6 | the problem-solving court maintains fidelity to the | ||||||
7 | problem-solving court model. Topics include, but are not | ||||||
8 | limited to, evidence-based screening, assessment and treatment | ||||||
9 | practices, target population, substance use disorders, mental | ||||||
10 | illness, disability, co-occurring disorders, trauma, | ||||||
11 | confidentiality, criminogenic risks and needs, incentives and | ||||||
12 | sanctions, court processes, limited English proficiency, and | ||||||
13 | team dynamics .
| ||||||
14 | (Source: P.A. 99-480, eff. 9-9-15.)
| ||||||
15 | (730 ILCS 166/50) | ||||||
16 | Sec. 50. Education seminars for drug court public | ||||||
17 | defenders. Subject to appropriation, the Office of the State | ||||||
18 | Appellate Defender shall conduct mandatory education seminars | ||||||
19 | on the subjects of substance abuse and addiction for all drug | ||||||
20 | court public defenders and assistant public defenders | ||||||
21 | practicing in drug courts throughout the State to ensure that | ||||||
22 | the problem-solving court maintains fidelity to the | ||||||
23 | problem-solving court model. Topics include, but are not | ||||||
24 | limited to, evidence-based screening, assessment and treatment | ||||||
25 | practices, target population, substance use disorders, mental |
| |||||||
| |||||||
1 | illness, disability, co-occurring disorders, trauma, | ||||||
2 | confidentiality, criminogenic risks and needs, incentives and | ||||||
3 | sanctions, court processes, limited English proficiency, and | ||||||
4 | team dynamics .
| ||||||
5 | (Source: P.A. 99-480, eff. 9-9-15.)
| ||||||
6 | Section 10. The Veterans and Servicemembers Court
| ||||||
7 | Treatment Act is amended by changing Sections 5, 10, 15, 20, | ||||||
8 | 25, 30, and 35 and by adding Sections 40, 45, and 50 as | ||||||
9 | follows:
| ||||||
10 | (730 ILCS 167/5)
| ||||||
11 | Sec. 5. Purposes. The General Assembly recognizes that | ||||||
12 | veterans and active servicemembers, including , Reserve
and | ||||||
13 | National Guard servicemembers , have provided or are currently | ||||||
14 | providing an invaluable
service to our country. Some veterans | ||||||
15 | and active duty servicemembers In so doing, some may suffer | ||||||
16 | from the effects of their service , including , but not limited | ||||||
17 | to, post-traumatic
post traumatic stress disorder, traumatic | ||||||
18 | brain injury, depression and may also suffer drug and
alcohol | ||||||
19 | dependency or addiction and co-occurring mental illness and | ||||||
20 | substance use disorder abuse problems.
As a result of this , | ||||||
21 | some veterans or active duty servicemembers come into contact | ||||||
22 | with the
criminal justice system and are charged with felony | ||||||
23 | or misdemeanor offenses. There is a critical
need for the | ||||||
24 | criminal justice system to recognize these veterans, provide |
| |||||||
| |||||||
1 | accountability for their
wrongdoing, provide for the safety of | ||||||
2 | the public , and provide for the treatment of such our | ||||||
3 | veterans. It
is the intent of the General Assembly to create | ||||||
4 | specialized veteran and servicemember courts in accordance | ||||||
5 | with evidence-based practices and Problem-Solving Court | ||||||
6 | Standards for addressing substance use, mental health, and | ||||||
7 | co-occurring disorders or
programs with the necessary | ||||||
8 | flexibility to meet the specialized needs for an array of | ||||||
9 | services and supports among participants in certified veteran | ||||||
10 | and servicemember court programs in the State problems faced | ||||||
11 | by these veteran
and servicemember defendants .
| ||||||
12 | (Source: P.A. 96-924, eff. 6-14-10.)
| ||||||
13 | (730 ILCS 167/10)
| ||||||
14 | Sec. 10. Definitions. In this Act: | ||||||
15 | "Certification" means the process by which a | ||||||
16 | problem-solving court obtains approval from the Supreme Court | ||||||
17 | to operate in accordance with the Problem-Solving Court | ||||||
18 | Standards. | ||||||
19 | "Clinical treatment plan" means an evidence-based, | ||||||
20 | comprehensive, and individualized plan that: (i) is developed | ||||||
21 | by a qualified professional in accordance with the Department | ||||||
22 | of Human Services substance use prevention and recovery rules | ||||||
23 | under 77 Ill. Adm. Code 2060 or an equivalent standard in any | ||||||
24 | state where treatment may take place; and (ii) defines the | ||||||
25 | scope of treatment services to be delivered by a court |
| |||||||
| |||||||
1 | treatment provider. | ||||||
2 | "Combination Veterans and Servicemembers court program" | ||||||
3 | means a type of problem-solving court that allows an | ||||||
4 | individual to enter a problem-solving court before a plea, | ||||||
5 | conviction, or disposition while also permitting an individual | ||||||
6 | who has admitted guilt, or been found guilty, to enter a | ||||||
7 | problem-solving court as a part of the individual's sentence | ||||||
8 | or disposition. "Combination Veterans and Servicemembers Court | ||||||
9 | program" means a court program that
includes a | ||||||
10 | pre-adjudicatory and a post-adjudicatory Veterans and | ||||||
11 | Servicemembers court
program.
| ||||||
12 | "Community behavioral health center" means a physical site | ||||||
13 | where behavioral healthcare services are provided in | ||||||
14 | accordance with the Community Behavioral Health Center | ||||||
15 | Infrastructure Act. | ||||||
16 | "Community mental health center" means an entity: | ||||||
17 | (1) licensed by the Department of Public Health as a | ||||||
18 | community mental health center in accordance with the | ||||||
19 | conditions of participation for community mental health | ||||||
20 | centers established by the Centers for Medicare and | ||||||
21 | Medicaid Services; and | ||||||
22 | (2) that provides outpatient services, including | ||||||
23 | specialized outpatient services, for individuals who are | ||||||
24 | chronically mental ill. | ||||||
25 | "Co-occurring mental health and substance use disorders | ||||||
26 | court program" means a program that includes an individual |
| |||||||
| |||||||
1 | with co-occurring mental illness and substance use disorder | ||||||
2 | diagnoses and professionals with training and experience in | ||||||
3 | treating individuals with diagnoses of substance use disorder | ||||||
4 | and mental illness. | ||||||
5 | "Court" means veterans and servicemembers court Veterans | ||||||
6 | and Servicemembers Court . | ||||||
7 | "IDVA" means the Illinois Department of Veterans' Affairs. | ||||||
8 | "Peer recovery coach" means a volunteer veteran mentor as | ||||||
9 | defined nationally by Justice for Vets and assigned to a | ||||||
10 | veteran or servicemember during participation in a veteran | ||||||
11 | treatment court program who has been approved by the court, | ||||||
12 | and trained according to curriculum recommended by Justice for | ||||||
13 | Vets, a service provider used by the court for substance use | ||||||
14 | disorder or mental health treatment, a local service provider | ||||||
15 | with an established peer recovery coach or mentor program not | ||||||
16 | otherwise used by the court for treatment, or a Certified | ||||||
17 | Recovery Support Specialist certified by the Illinois | ||||||
18 | Certification Board. "Peer recovery coach" includes | ||||||
19 | individuals with lived experiences of the issues the | ||||||
20 | problem-solving court seeks to address, including, but not | ||||||
21 | limited to, substance use disorder, mental illness, and | ||||||
22 | co-occurring disorders or involvement with the criminal | ||||||
23 | justice system. "Peer recovery coach" includes individuals | ||||||
24 | required to guide and mentor the participant to successfully | ||||||
25 | complete assigned requirements and to facilitate participants' | ||||||
26 | independence for continued success once the supports of the |
| |||||||
| |||||||
1 | court are no longer available to them. and certified by the | ||||||
2 | court to guide and mentor the participant to successfully | ||||||
3 | complete the assigned requirements. | ||||||
4 | "Post-adjudicatory veterans and servicemembers court | ||||||
5 | program Veterans and Servicemembers Court Program " means a | ||||||
6 | program that allows a defendant who in
which the defendant has | ||||||
7 | admitted guilt or has been found guilty and agrees, with the | ||||||
8 | defendant's consent, and the approval of the court, along with | ||||||
9 | the
prosecution, to enter a veterans and servicemembers court | ||||||
10 | Veterans and Servicemembers Court program as part of the | ||||||
11 | defendant's
sentence or disposition .
| ||||||
12 | "Pre-adjudicatory veterans and servicemembers court | ||||||
13 | program Veterans and Servicemembers Court Program " means a | ||||||
14 | program that
allows the defendant , with the defendant's | ||||||
15 | consent and the approval of the court, to enter the Veterans | ||||||
16 | and Servicemembers Court program before plea, conviction, or | ||||||
17 | disposition with the consent of the prosecution, to expedite | ||||||
18 | the defendant's criminal
case before conviction or before | ||||||
19 | filing of a criminal case and requires successful completion | ||||||
20 | of
the Veterans and Servicemembers Court programs as part of | ||||||
21 | the agreement.
| ||||||
22 | "Problem-Solving Court Standards" means the statewide | ||||||
23 | standards adopted by the Supreme Court that set forth the | ||||||
24 | minimum requirements for the planning, establishment, | ||||||
25 | certification, operation, and evaluation of all | ||||||
26 | problem-solving courts in this State. |
| |||||||
| |||||||
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 | "Validated clinical assessment" means a validated | ||||||
8 | assessment tool administered by a qualified clinician to | ||||||
9 | determine the treatment needs of participants. "Validated | ||||||
10 | clinical assessment" includes assessment tools required by | ||||||
11 | public or private insurance. | ||||||
12 | "Veteran" means a person who previously served as an in | ||||||
13 | the active servicemember military, naval, or air service and | ||||||
14 | who
was discharged or released therefrom under conditions | ||||||
15 | other than dishonorable .
| ||||||
16 | "Veterans and servicemembers court Servicemembers Court | ||||||
17 | professional" means a member of the veterans and | ||||||
18 | servicemembers court Veterans and
Servicemembers Court team, | ||||||
19 | including , but not limited to , a judge, prosecutor, defense
| ||||||
20 | attorney, probation officer, coordinator, treatment provider , | ||||||
21 | or peer recovery coach .
| ||||||
22 | "Veterans and servicemembers court", "veterans and | ||||||
23 | servicemembers court program", "court", or "program" means a | ||||||
24 | specially designated court, court calendar, or docket | ||||||
25 | facilitating intensive therapeutic treatment to monitor and | ||||||
26 | assist veteran or servicemember participants with substance |
| |||||||
| |||||||
1 | use disorder, mental illness, co-occurring disorders, or other | ||||||
2 | assessed treatment needs of eligible veteran and servicemember | ||||||
3 | participants and in making positive lifestyle changes and | ||||||
4 | reducing the rate of recidivism. Veterans and servicemembers | ||||||
5 | court programs are nonadversarial in nature and bring | ||||||
6 | Servicemembers Court" means a court or program with an | ||||||
7 | immediate and
highly structured judicial intervention process | ||||||
8 | for substance abuse treatment, mental health, or
other | ||||||
9 | assessed treatment needs of eligible veteran and servicemember | ||||||
10 | defendants that brings
together substance use disorder abuse | ||||||
11 | professionals, mental health professionals, VA professionals, | ||||||
12 | local
social programs , and intensive judicial monitoring in | ||||||
13 | accordance with the nationally
recommended 10 key components | ||||||
14 | of veterans treatment courts and the Problem-Solving Court | ||||||
15 | Standards. Common features of a veterans and servicemembers | ||||||
16 | court program include, but are not limited to, a designated | ||||||
17 | judge and staff; specialized intake and screening procedures; | ||||||
18 | coordinated treatment procedures administered by a trained, | ||||||
19 | multidisciplinary professional team; close evaluation of | ||||||
20 | participants, including continued assessments and modification | ||||||
21 | of the court requirements and use of sanctions, incentives, | ||||||
22 | and therapeutic adjustments to address behavior; frequent | ||||||
23 | judicial interaction with participants; less formal court | ||||||
24 | process and procedures; voluntary participation; and a low | ||||||
25 | treatment staff-to-client ratio drug courts .
| ||||||
26 | (Source: P.A. 99-314, eff. 8-7-15; 99-819, eff. 8-15-16.)
|
| |||||||
| |||||||
1 | (730 ILCS 167/15) | ||||||
2 | Sec. 15. Authorization. | ||||||
3 | (a) The Chief Judge of each judicial circuit may shall | ||||||
4 | establish a veterans
Veterans and servicemembers court | ||||||
5 | Servicemembers Court program in compliance with the | ||||||
6 | Problem-Solving Court Standards including a format under which | ||||||
7 | it operates under
this Act . The veterans Veterans and | ||||||
8 | servicemembers court Servicemembers Court may, at the | ||||||
9 | discretion of the Chief Judge, be a
separate court or a program | ||||||
10 | of a problem-solving court, including , but not limited to , a | ||||||
11 | drug court , or mental health court , or a court for individuals | ||||||
12 | with either substance use, mental health, or co-occurring | ||||||
13 | disorders . At the discretion of the Chief
Judge, the Veterans | ||||||
14 | and Servicemembers Court program may be operated in one or | ||||||
15 | more counties in the
Circuit, and allow veteran and | ||||||
16 | servicemember defendants from all counties within the Circuit | ||||||
17 | to
participate.
| ||||||
18 | (b) Whenever the county boards of 2 or more counties | ||||||
19 | within the same judicial circuit determine that a single | ||||||
20 | veteran and servicemembers court program would best serve | ||||||
21 | those counties, the county board of each such county may adopt | ||||||
22 | a resolution to the effect that there shall be a single veteran | ||||||
23 | and servicemembers court program serving those counties, and | ||||||
24 | shall provide a copy of the resolution to the Chief Judge of | ||||||
25 | the judicial circuit. Upon receipt of those resolutions, the |
| |||||||
| |||||||
1 | Chief Judge may establish or, in the case of an existing | ||||||
2 | veteran and servicemembers court program, reorganize a single | ||||||
3 | program to serve those counties. | ||||||
4 | (Source: P.A. 99-807, eff. 1-1-18; 100-88, eff. 1-1-18 .)
| ||||||
5 | (730 ILCS 167/20) | ||||||
6 | Sec. 20. Eligibility. Veterans and servicemembers | ||||||
7 | Servicemembers are eligible for veterans Veterans and | ||||||
8 | servicemembers courts
Servicemembers Courts , provided the | ||||||
9 | following:
| ||||||
10 | (a) A defendant, who is eligible for probation based on | ||||||
11 | the nature of the crime convicted of and in consideration of | ||||||
12 | his or her criminal background, if any, may be admitted into a | ||||||
13 | Veterans and Servicemembers Court program
before adjudication | ||||||
14 | only upon the agreement of the defendant and with the approval | ||||||
15 | of the Court.
A defendant may be admitted into a veterans | ||||||
16 | Veterans and servicemembers court Servicemembers Court program | ||||||
17 | post-adjudication only upon the consent of the defendant and | ||||||
18 | with the approval of the court. A defendant agrees to be | ||||||
19 | admitted when a written consent to participate is provided to | ||||||
20 | the court in open court and the defendant acknowledges | ||||||
21 | understanding of its contents. | ||||||
22 | (a-5) Each veterans and servicemembers court shall have a | ||||||
23 | target population defined in its written policies and | ||||||
24 | procedures. The policies and procedures shall define that | ||||||
25 | court's eligibility and exclusionary criteria. |
| |||||||
| |||||||
1 | (b) A defendant shall be excluded from Veterans and | ||||||
2 | Servicemembers Court program if
any of one of the following | ||||||
3 | applies:
| ||||||
4 | (1) The crime is a crime of violence as set forth in | ||||||
5 | paragraph clause (3) of this subsection (b). | ||||||
6 | (2) The defendant does not demonstrate a willingness | ||||||
7 | to participate in a treatment
program.
| ||||||
8 | (3) The defendant has been convicted of a crime of | ||||||
9 | violence within the past 5 10
years excluding | ||||||
10 | incarceration time , parole, and periods of mandatory | ||||||
11 | supervised release. As used in this paragraph, "crime of | ||||||
12 | violence" means: , including first degree murder,
second | ||||||
13 | degree murder, predatory criminal sexual assault of a | ||||||
14 | child, aggravated criminal
sexual assault, criminal sexual | ||||||
15 | assault, armed robbery, aggravated arson, arson,
| ||||||
16 | aggravated kidnapping and kidnapping, aggravated battery | ||||||
17 | resulting in great bodily harm
or permanent disability, | ||||||
18 | aggravated domestic battery resulting in great bodily harm | ||||||
19 | or permanent disability, aggravated criminal sexual abuse | ||||||
20 | by a person in a position of trust or authority over a | ||||||
21 | child, stalking, aggravated stalking, home invasion, | ||||||
22 | aggravated vehicular hijacking, or any offense involving | ||||||
23 | the
discharge of a firearm. | ||||||
24 | (4) The defendant is charged with a violation of | ||||||
25 | subparagraph (F) of paragraph (1) of subsection (d) of | ||||||
26 | Section 11-501 of the Illinois Vehicle Code in which an |
| |||||||
| |||||||
1 | individual is charged with aggravated driving under the | ||||||
2 | influence that resulted in the death of another person or | ||||||
3 | when the violation was a proximate cause of the death, | ||||||
4 | unless, pursuant to subparagraph (G) of paragraph (1) of | ||||||
5 | subsection (d) of Section 11-501 of the Illinois Vehicle | ||||||
6 | Code, the court determines that extraordinary | ||||||
7 | circumstances exist and require probation. (Blank).
| ||||||
8 | (5) (Blank). | ||||||
9 | (6) (Blank). The sentence imposed on the defendant, | ||||||
10 | whether the result of a plea or a finding of guilt, renders | ||||||
11 | the defendant ineligible for probation.
| ||||||
12 | (c) Notwithstanding subsection (a), the defendant may be | ||||||
13 | admitted into a veterans and servicemembers court program only | ||||||
14 | upon the agreement of the prosecutor if the defendant is | ||||||
15 | charged with a Class 2 or
greater felony violation of: | ||||||
16 | (1) Section 401, 401.1, 405, or 405.2 of the
| ||||||
17 | Illinois Controlled Substances Act; | ||||||
18 | (2) Section 5, 5.1, or 5.2 of the Cannabis
Control | ||||||
19 | Act; or | ||||||
20 | (3) Section 15, 20, 25, 30, 35, 40, 45, 50, 55,
56, | ||||||
21 | or 65 of the Methamphetamine Control and Community | ||||||
22 | Protection Act. | ||||||
23 | (Source: P.A. 100-426, eff. 1-1-18; 101-652, eff. 7-1-21 .)
| ||||||
24 | (730 ILCS 167/25)
| ||||||
25 | Sec. 25. Procedure. |
| |||||||
| |||||||
1 | (a) A The Court shall order the defendant to submit to an | ||||||
2 | eligibility screening and clinical needs and an
assessment and | ||||||
3 | risk assessment of the defendant shall be performed as | ||||||
4 | required by the court's policies and procedures prior to the | ||||||
5 | defendant's admission into a veteran and servicemembers court. | ||||||
6 | The assessment shall be conducted through the VA, VAC, and/or | ||||||
7 | the IDVA to provide information on the defendant's veteran
or | ||||||
8 | servicemember status.
| ||||||
9 | Any risk assessment shall be performed using an assessment | ||||||
10 | tool approved by the Administrative Office of the Illinois | ||||||
11 | Courts and as required by the court's policies and procedures. | ||||||
12 | (b) A The Court shall order the defendant to submit to an | ||||||
13 | eligibility screening and mental
health and substance use | ||||||
14 | disorder drug/alcohol screening and assessment of the | ||||||
15 | defendant shall be performed by the VA, VAC, or by the IDVA , or | ||||||
16 | as otherwise outlined and as required by the court's policies | ||||||
17 | and procedures to
provide assessment services for Illinois | ||||||
18 | Courts . The assessment shall include , but is not limited to, | ||||||
19 | assessments of substance use and mental and behavioral health | ||||||
20 | needs. The clinical needs assessment shall be administered by | ||||||
21 | a qualified professional of the VA, VAC, or IDVA, or | ||||||
22 | individuals who meet the Department of Human Services | ||||||
23 | substance use prevention and recovery rules for professional | ||||||
24 | staff under 77 Ill. Adm. Code 2060, or an equivalent standard | ||||||
25 | in any other state where treatment may take place, and used to | ||||||
26 | inform any clinical treatment plans. Clinical treatment plans |
| |||||||
| |||||||
1 | shall be developed, in accordance with the Problem-Solving | ||||||
2 | Court Standards and a risks
assessment and be based, in part, | ||||||
3 | upon the known availability of treatment resources available | ||||||
4 | to
the veterans Veterans and servicemembers court | ||||||
5 | Servicemembers Court . The assessment shall also include | ||||||
6 | recommendations
for treatment of the conditions which are | ||||||
7 | indicating a need for treatment under the monitoring
of the | ||||||
8 | Court and be reflective of a level of risk assessed for the | ||||||
9 | individual seeking admission. An
assessment need not be | ||||||
10 | ordered if the court Court finds a valid screening or and/or | ||||||
11 | assessment related to
the present charge pending against the | ||||||
12 | defendant has been completed within the previous 60
days.
| ||||||
13 | (c) The judge shall inform the defendant that if the | ||||||
14 | defendant fails to meet the conditions
of the veterans | ||||||
15 | Veterans and servicemembers court Servicemembers Court | ||||||
16 | program, eligibility to participate in the program may
be | ||||||
17 | revoked and the defendant may be sentenced or the prosecution | ||||||
18 | continued as provided in the
Unified Code of Corrections for | ||||||
19 | the crime charged.
| ||||||
20 | (d) The defendant shall execute a written agreement with | ||||||
21 | the court Court as to the defendant's his or her
participation | ||||||
22 | in the program and shall agree to all of the terms and | ||||||
23 | conditions of the program,
including but not limited to the | ||||||
24 | possibility of sanctions or incarceration for failing to abide | ||||||
25 | or
comply with the terms of the program.
| ||||||
26 | (e) In addition to any conditions authorized under the |
| |||||||
| |||||||
1 | Pretrial Services Act and Section 5-6-3 of the Unified Code of | ||||||
2 | Corrections, the court Court may order the participant to | ||||||
3 | complete mental health counseling or substance use disorder | ||||||
4 | treatment in an outpatient or residential treatment program | ||||||
5 | and may order the participant to comply with physicians' | ||||||
6 | recommendations regarding medications and all follow-up | ||||||
7 | treatment for any mental health diagnosis made by the | ||||||
8 | provider. Substance use disorder treatment programs must be | ||||||
9 | licensed by the Department of Human Services in accordance | ||||||
10 | with the Department of Human Services substance use prevention | ||||||
11 | and recovery rules, or an equivalent standard in any other | ||||||
12 | state where the treatment may take place, and use | ||||||
13 | evidence-based treatment. When referring participants to | ||||||
14 | mental health treatment programs, the court shall prioritize | ||||||
15 | providers certified as community mental health or behavioral | ||||||
16 | health centers if possible. The court shall consider the least | ||||||
17 | restrictive treatment option when ordering mental health or | ||||||
18 | substance use disorder treatment for participants and the | ||||||
19 | results of clinical and risk assessments in accordance with | ||||||
20 | the Problem-Solving Court Standards. defendant to complete | ||||||
21 | substance
abuse treatment in an outpatient, inpatient, | ||||||
22 | residential, or jail-based custodial treatment program,
order | ||||||
23 | the defendant to complete mental health counseling in an | ||||||
24 | inpatient or outpatient basis,
comply with physicians' | ||||||
25 | recommendation regarding medications and all follow up | ||||||
26 | treatment.
This treatment may include but is not limited to |
| |||||||
| |||||||
1 | post-traumatic stress disorder, traumatic brain
injury and | ||||||
2 | depression. | ||||||
3 | (e-5) The veterans and servicemembers court shall include | ||||||
4 | a regimen of graduated requirements, including individual and | ||||||
5 | group therapy, substance analysis testing, close monitoring by | ||||||
6 | the court, supervision of progress, restitution, educational | ||||||
7 | or vocational counseling as appropriate, and other | ||||||
8 | requirements necessary to fulfill the veterans and | ||||||
9 | servicemembers court program. Program phases, therapeutic | ||||||
10 | adjustments, incentives, and sanctions, including the use of | ||||||
11 | jail sanctions, shall be administered in accordance with | ||||||
12 | evidence-based practices and the Problem-Solving Court | ||||||
13 | Standards. If the participant needs treatment for an opioid | ||||||
14 | use disorder or dependence, the court may not prohibit the | ||||||
15 | participant from receiving medication-assisted treatment under | ||||||
16 | the care of a physician licensed in this State to practice | ||||||
17 | medicine in all of its branches. Veterans and servicemembers | ||||||
18 | court participants may not be required to refrain from using | ||||||
19 | medication-assisted treatment as a term or condition of | ||||||
20 | successful completion of the veteran and servicemembers court | ||||||
21 | program. | ||||||
22 | (e-10) Recognizing that individuals struggling with mental | ||||||
23 | health, substance use, and related co-occurring disorders have | ||||||
24 | often experienced trauma, veterans and servicemembers court | ||||||
25 | programs may include specialized service programs specifically | ||||||
26 | designed to address trauma. These specialized services may be |
| |||||||
| |||||||
1 | offered to individuals admitted to the veterans and | ||||||
2 | servicemembers court program. Judicial circuits establishing | ||||||
3 | these specialized programs shall partner with advocates, | ||||||
4 | survivors, and service providers in the development of the | ||||||
5 | programs. Trauma-informed services and programming shall be | ||||||
6 | operated in accordance with evidence-based best practices as | ||||||
7 | outlined by the Substance Abuse and Mental Health Service | ||||||
8 | Administration's National Center for Trauma-Informed Care | ||||||
9 | (SAMHSA).
| ||||||
10 | (f) The Court may establish a mentorship program that | ||||||
11 | provides access and support to program participants by peer | ||||||
12 | recovery coaches. Courts shall be responsible to administer | ||||||
13 | the mentorship program with the support of volunteer veterans | ||||||
14 | and local veteran service organizations, including a VAC. Peer | ||||||
15 | recovery coaches shall be trained and certified by the Court | ||||||
16 | prior to being assigned to participants in the program. | ||||||
17 | (Source: P.A. 99-314, eff. 8-7-15; 99-819, eff. 8-15-16.)
| ||||||
18 | (730 ILCS 167/30)
| ||||||
19 | Sec. 30. Mental health and substance use disorder abuse | ||||||
20 | treatment. | ||||||
21 | (a) The veterans Veterans and servicemembers court | ||||||
22 | Servicemembers Court program may maintain a network of
| ||||||
23 | substance use disorder abuse treatment programs representing a | ||||||
24 | continuum of graduated substance use disorder abuse
treatment | ||||||
25 | options commensurate with the needs of participants |
| |||||||
| |||||||
1 | defendants ; these shall include programs with
the VA, IDVA, a | ||||||
2 | VAC, the State , of Illinois and community-based programs | ||||||
3 | supported and sanctioned by
either or both.
| ||||||
4 | (b) Any substance use disorder abuse treatment program to | ||||||
5 | which participants defendants are referred must hold a valid | ||||||
6 | license from the Department of Human Services Division of | ||||||
7 | Substance Use Prevention and Recovery, use evidence-based | ||||||
8 | treatment, and deliver all services in accordance with 77 Ill. | ||||||
9 | Adm. code 2060, including services available through the VA, | ||||||
10 | IDVA or VAC, or an equivalent standard in any other state where | ||||||
11 | treatment may take place meet
all of the rules and governing | ||||||
12 | programs in Parts 2030 and 2060 of Title 77 of the Illinois
| ||||||
13 | Administrative Code .
| ||||||
14 | (c) The veterans Veterans and servicemembers court | ||||||
15 | Servicemembers Court program may, in its discretion, employ
| ||||||
16 | additional services or interventions, as it deems necessary on | ||||||
17 | a case by case basis.
| ||||||
18 | (d) The veterans Veterans and servicemembers court | ||||||
19 | Servicemembers Court program may maintain or collaborate with | ||||||
20 | a
network of mental health treatment programs and, if it is a | ||||||
21 | co-occurring mental health and
substance use disorders abuse | ||||||
22 | court program, a network of substance use disorder abuse | ||||||
23 | treatment programs representing a
continuum of treatment | ||||||
24 | options commensurate with the needs of the participant | ||||||
25 | defendant and available
resources including programs with the | ||||||
26 | VA, the IDVA, a VAC, and the State of Illinois. When not using |
| |||||||
| |||||||
1 | mental health treatment or services available through the VA, | ||||||
2 | IDVA, or VAC, partnerships with providers certified as | ||||||
3 | community mental health or behavioral health centers shall be | ||||||
4 | prioritized, as possible.
| ||||||
5 | (Source: P.A. 99-819, eff. 8-15-16.)
| ||||||
6 | (730 ILCS 167/35)
| ||||||
7 | Sec. 35. Violation; termination; dismissal from the | ||||||
8 | program discharge . | ||||||
9 | (a) If the court finds from the evidence presented, | ||||||
10 | including, but not limited to, the reports or proffers of | ||||||
11 | proof from the veterans and servicemembers court | ||||||
12 | professionals, that: (1) the participant is not complying with | ||||||
13 | the requirements of the treatment program; or (2) the | ||||||
14 | participant has otherwise violated the terms and conditions of | ||||||
15 | the program, the court may impose reasonable sanctions under | ||||||
16 | the prior written agreement of the participant, including, but | ||||||
17 | not limited to, imprisonment or dismissal of the participant | ||||||
18 | from the program and the court may reinstate criminal | ||||||
19 | proceedings against the participant or proceed under Section | ||||||
20 | 5-6-4 of the Unified Code of Corrections for a violation of | ||||||
21 | probation, conditional discharge, or supervision hearing. If | ||||||
22 | the Court finds from the evidence presented including but not | ||||||
23 | limited to the reports
or proffers of proof from the Veterans | ||||||
24 | and Servicemembers Court professionals that:
| ||||||
25 | (1) the defendant is not performing satisfactorily in |
| |||||||
| |||||||
1 | the assigned program; | ||||||
2 | (2) the defendant is not benefitting 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; the Court may impose | ||||||
9 | reasonable sanctions under prior written agreement of the
| ||||||
10 | defendant, including but not limited to imprisonment or | ||||||
11 | dismissal of the defendant from the
program and the Court | ||||||
12 | may reinstate criminal proceedings against him or her or | ||||||
13 | proceed under
Section 5-6-4 of the Unified Code of | ||||||
14 | Corrections for a violation of probation, conditional
| ||||||
15 | discharge, or supervision hearing. | ||||||
16 | (a-5) Based on the evidence presented, the court shall | ||||||
17 | determine whether the participant has violated the conditions | ||||||
18 | of the program and whether the participant should be dismissed | ||||||
19 | from the program or whether, pursuant to the court's policies | ||||||
20 | and procedures, some other alternative may be appropriate in | ||||||
21 | the interests of the participant and the public. | ||||||
22 | (a-10) A participant who is assigned to a substance use | ||||||
23 | disorder treatment program under this Act for an opioid use | ||||||
24 | disorder is not in violation of the terms or conditions of the | ||||||
25 | program on the basis of participation in medication-assisted | ||||||
26 | treatment under the care of a physician licensed in this State |
| |||||||
| |||||||
1 | to practice medicine in all of its branches. | ||||||
2 | (a-15) A participant may voluntarily withdraw from the | ||||||
3 | veterans and servicemembers court program in accordance with | ||||||
4 | the program's policies and procedures. Prior to allowing the | ||||||
5 | participant to withdraw, the judge shall: | ||||||
6 | (1) ensure that the participant has the right to | ||||||
7 | consult with counsel prior to withdrawal; | ||||||
8 | (2) determine in open court that the withdrawal is | ||||||
9 | made voluntarily and knowingly; and | ||||||
10 | (3) admonish the participant in open court as to | ||||||
11 | the consequences, actual or potential, which can | ||||||
12 | result from withdrawal. | ||||||
13 | Upon withdrawal, the criminal proceedings may be | ||||||
14 | reinstated against the participant or proceedings may be | ||||||
15 | initiated under Section 5-6-4 of the Unified Code of | ||||||
16 | Corrections for a violation of probation, conditional | ||||||
17 | discharge, or supervision hearing. | ||||||
18 | (a-20) A participant who has not violated the conditions | ||||||
19 | of the program in such a way as to warrant unsuccessful | ||||||
20 | dismissal, but who is unable to complete program requirements | ||||||
21 | to qualify for a successful discharge, may be terminated from | ||||||
22 | the program as a neutral discharge. | ||||||
23 | (b) Upon successful completion of the terms and conditions | ||||||
24 | of the program, the court Court
may dismiss the original | ||||||
25 | charges against the participant defendant or successfully | ||||||
26 | terminate the participant's defendant's
sentence or otherwise |
| |||||||
| |||||||
1 | discharge the participant him or her from any further | ||||||
2 | proceedings against the participant him or her in
the original | ||||||
3 | prosecution.
| ||||||
4 | (c) Upon successful completion of the terms and conditions | ||||||
5 | of the program, any State's Attorney in the county of | ||||||
6 | conviction, a participant, or defense attorney may move to | ||||||
7 | vacate any convictions that are eligible for sealing under the | ||||||
8 | Criminal Identification Act. A participant may immediately | ||||||
9 | file a petition to expunge vacated convictions and the | ||||||
10 | associated underlying records per the Criminal Identification | ||||||
11 | Act. If the State's Attorney moves to vacate a conviction, the | ||||||
12 | State's Attorney may not object to expungement of that | ||||||
13 | conviction or the underlying record. | ||||||
14 | (d) Veterans and servicemembers court programs may | ||||||
15 | maintain or collaborate with a network of legal aid | ||||||
16 | organizations that specialize in conviction relief to support | ||||||
17 | participants navigating the expungement and sealing process. | ||||||
18 | (Source: P.A. 96-924, eff. 6-14-10.)
| ||||||
19 | (730 ILCS 167/40 new) | ||||||
20 | Sec. 40. Education for judges. A judge assigned to preside | ||||||
21 | over a veteran and servicemembers court shall have experience, | ||||||
22 | training, and continuing education in topics including, but | ||||||
23 | not limited to: | ||||||
24 | (1) criminal law; | ||||||
25 | (2) behavioral health; |
| |||||||
| |||||||
1 | (3) confidently; | ||||||
2 | (4) ethics; | ||||||
3 | (5) evidence-based practices; | ||||||
4 | (6) substance use disorders; | ||||||
5 | (7) mental illness; | ||||||
6 | (8) co-occurring disorders; and | ||||||
7 | (9) presiding over various types of problem-solving | ||||||
8 | courts.
| ||||||
9 | (730 ILCS 167/45 new) | ||||||
10 | Sec. 45. Education seminars for veterans and | ||||||
11 | servicemembers court prosecutors. Subject to appropriation, | ||||||
12 | the Office of the State's Attorneys Appellate Prosecutor shall | ||||||
13 | conduct mandatory education seminars for all prosecutors | ||||||
14 | serving in veterans and servicemembers courts throughout the | ||||||
15 | State to ensure that the problem-solving court maintains | ||||||
16 | fidelity to the problem-solving court model. Topics include, | ||||||
17 | but are not limited to, evidence-based screening, assessment | ||||||
18 | and treatment practices, target population, substance use | ||||||
19 | disorders, mental illness, disability, co-occurring disorders, | ||||||
20 | trauma, confidentiality, criminogenic risks and needs, | ||||||
21 | incentives and sanctions, court processes, limited English | ||||||
22 | proficiency, military culture and language, and team dynamics.
| ||||||
23 | (730 ILCS 167/50 new) | ||||||
24 | Sec. 50. Education seminars for veteran and servicemembers |
| |||||||
| |||||||
1 | court public defenders. Subject to appropriation, the Office | ||||||
2 | of the State Appellate Defender shall conduct mandatory | ||||||
3 | education seminars for all public defenders and assistant | ||||||
4 | public defenders practicing in veterans and servicemembers | ||||||
5 | courts throughout the State to ensure that the problem-solving | ||||||
6 | court maintains fidelity to the problem-solving court model. | ||||||
7 | Topics include, but are not limited to, evidence-based | ||||||
8 | screening, assessment and training practices, target | ||||||
9 | population, substance use disorders, mental illness, | ||||||
10 | disability, co-occurring disorders, trauma, confidentiality, | ||||||
11 | criminogenic risks and needs, incentives and sanctions, court | ||||||
12 | processes, limited English proficiency, military culture and | ||||||
13 | language, and team dynamics.
| ||||||
14 | Section 15. The Mental Health Court Treatment Act is | ||||||
15 | amended by changing Sections 5, 10, 15, 20, 25, 30, and 35 and | ||||||
16 | by adding Sections 41, 45, and 50 as follows:
| ||||||
17 | (730 ILCS 168/5)
| ||||||
18 | Sec. 5. Purposes. The General Assembly recognizes that | ||||||
19 | individuals with diagnosable mental illness may come into | ||||||
20 | contact with the criminal justice system and be charged with | ||||||
21 | felony or misdemeanor offenses a large percentage of criminal | ||||||
22 | defendants have a diagnosable mental illness and that mental | ||||||
23 | illnesses have a dramatic effect on the criminal justice | ||||||
24 | system in the State of Illinois . The General Assembly also |
| |||||||
| |||||||
1 | recognizes that mental illness and substance use disorders | ||||||
2 | abuse problems co-occur in a substantial percentage of | ||||||
3 | criminal defendants. There is a critical need for the a | ||||||
4 | criminal justice system to recognize individuals struggling | ||||||
5 | with these issues, provide alternatives to incarceration to | ||||||
6 | address mental illness, and provide appropriate access to | ||||||
7 | treatment and support to such individuals. program that will | ||||||
8 | reduce the number of persons with mental illnesses and with | ||||||
9 | co-occurring mental illness and substance abuse problems in | ||||||
10 | the criminal justice system, reduce recidivism among persons | ||||||
11 | with mental illness and with co-occurring mental illness and | ||||||
12 | substance abuse problems, provide appropriate treatment to | ||||||
13 | persons with mental illnesses and co-occurring mental illness | ||||||
14 | and substance abuse problems and reduce the incidence of | ||||||
15 | crimes committed as a result of mental illnesses or | ||||||
16 | co-occurring mental illness and substance abuse problems. It | ||||||
17 | is the intent of the General Assembly to create specialized | ||||||
18 | mental health courts in accordance with evidence-based | ||||||
19 | practices and Problem-Solving Court Standards for addressing | ||||||
20 | substance use and co-occurring disorders with the necessary | ||||||
21 | flexibility to meet the needs for an array of services and | ||||||
22 | supports among participants in certified mental health court | ||||||
23 | programs problems of criminal defendants with mental illnesses | ||||||
24 | and co-occurring mental illness and substance abuse problems | ||||||
25 | in the State of Illinois.
| ||||||
26 | (Source: P.A. 95-606, eff. 6-1-08 .)
|
| |||||||
| |||||||
1 | (730 ILCS 168/10)
| ||||||
2 | Sec. 10. Definitions. As used in this Act: | ||||||
3 | "Certification" means the process by which a | ||||||
4 | problem-solving court obtains approval from the Supreme Court | ||||||
5 | to operate in accordance with the Problem-Solving Court | ||||||
6 | Standards. | ||||||
7 | "Clinical treatment plan" means an evidence-based, | ||||||
8 | comprehensive, and individualized plan that: (i) is developed | ||||||
9 | by a qualified professional in accordance with Department of | ||||||
10 | Human Services substance use prevention and recovery rules | ||||||
11 | under 77 Ill. Adm. Code 2060 or an equivalent standard in any | ||||||
12 | state where treatment may take place; and (ii) defines the | ||||||
13 | scope of treatment services to be delivered by a court | ||||||
14 | treatment provider. | ||||||
15 | "Combination mental health court program" means a type of | ||||||
16 | problem-solving court that allows an individual to enter a | ||||||
17 | problem-solving court before a plea, conviction, or | ||||||
18 | disposition while also permitting an individual who has | ||||||
19 | admitted guilt, or been found guilty, to enter a | ||||||
20 | problem-solving court as a part of the individual's sentence | ||||||
21 | or disposition. | ||||||
22 | "Community behavioral health center" means a physical site | ||||||
23 | where behavioral healthcare services are provided in | ||||||
24 | accordance with the Community Behavioral Health Center | ||||||
25 | Infrastructure Act. |
| |||||||
| |||||||
1 | "Community mental health center" means an entity: | ||||||
2 | (1) licensed by the Department of Public Health as a | ||||||
3 | community mental health center in accordance with the | ||||||
4 | conditions of participation for community mental health | ||||||
5 | centers established by the Centers for Medicare and | ||||||
6 | Medicaid Services; and | ||||||
7 | (2) that provides outpatient services, including | ||||||
8 | specialized outpatient services, for individuals who are | ||||||
9 | chronically mental ill. | ||||||
10 | "Co-occurring mental health and substance use disorders | ||||||
11 | court program" means a program that includes an individual | ||||||
12 | with co-occurring mental illness and substance use disorder | ||||||
13 | diagnoses and professionals with training and experience in | ||||||
14 | treating individuals with diagnoses of substance use disorder | ||||||
15 | and mental illness. | ||||||
16 | "Mental health court", "mental health court program", | ||||||
17 | "court", or "program" means a specially designated court, | ||||||
18 | court calendar, or docket facilitating intensive therapeutic | ||||||
19 | treatment to monitor and assist participants with mental | ||||||
20 | illness in making positive lifestyle changes and reducing the | ||||||
21 | rate of recidivism. Mental health court programs are | ||||||
22 | nonadversarial in nature and bring together mental health | ||||||
23 | professionals and local social programs in accordance with the | ||||||
24 | Bureau of Justice Assistance and Council of State Governments | ||||||
25 | Justice Center's Essential Elements of a Mental Health Court | ||||||
26 | and the Problem-Solving Court Standards. Common features of a |
| |||||||
| |||||||
1 | mental health court program include, but are not limited to, a | ||||||
2 | designated judge and staff; specialized intake and screening | ||||||
3 | procedures; coordinated treatment procedures administered by a | ||||||
4 | trained, multidisciplinary professional team; close evaluation | ||||||
5 | of participants, including continued assessments and | ||||||
6 | modification of the court requirements and use of sanctions, | ||||||
7 | incentives, and therapeutic adjustments to address behavior; | ||||||
8 | frequent judicial interaction with participants; less formal | ||||||
9 | court process and procedures; voluntary participation; and a | ||||||
10 | low treatment staff-to-client ratio. structured judicial | ||||||
11 | intervention process for mental health treatment of eligible | ||||||
12 | defendants that brings together mental health professionals, | ||||||
13 | local social programs, and intensive judicial monitoring. | ||||||
14 | "Mental health court professional" means a member of the | ||||||
15 | mental health court team, including
but not limited to a | ||||||
16 | judge, prosecutor, defense attorney, probation officer, | ||||||
17 | coordinator, or treatment provider , or peer recovery coach . | ||||||
18 | "Peer recovery coach" means a mentor assigned to a | ||||||
19 | defendant during participation in a mental health treatment | ||||||
20 | court program who has been trained by the court, a service | ||||||
21 | provider used by the court for substance use disorder or | ||||||
22 | mental health treatment, a local service provider with an | ||||||
23 | established peer recovery coach or mentor program not | ||||||
24 | otherwise used by the court for treatment, or a Certified | ||||||
25 | Recovery Support Specialist certified by the Illinois | ||||||
26 | Certification Board. "Peer recovery coach" includes |
| |||||||
| |||||||
1 | individuals with lived experiences of the issues the | ||||||
2 | problem-solving court seeks to address, including, but not | ||||||
3 | limited to, substance use disorder, mental illness, and | ||||||
4 | co-occurring disorders or involvement with the criminal | ||||||
5 | justice system. "Peer recovery coach" includes individuals | ||||||
6 | required to guide and mentor the participant to successfully | ||||||
7 | complete assigned requirements and to facilitate participants' | ||||||
8 | independence for continued success once the supports of the | ||||||
9 | court are no longer available to them. | ||||||
10 | "Post-adjudicatory mental health court program" means a | ||||||
11 | program that allows an individual who has admitted
guilt
or | ||||||
12 | has been found guilty, with the defendant's consent, and the | ||||||
13 | approval of the court, to enter a
mental health
court program | ||||||
14 | as part of the defendant's sentence or disposition. | ||||||
15 | "Pre-adjudicatory mental health court program" means a | ||||||
16 | program that allows
the defendant,
with the defendant's | ||||||
17 | consent and the approval of the court, to enter the mental | ||||||
18 | health court program before plea, conviction, or disposition | ||||||
19 | and requires successful
completion of the mental health court | ||||||
20 | program as part of the agreement. | ||||||
21 | "Problem-Solving Court Standards" means the statewide | ||||||
22 | standards adopted by the Supreme Court that set forth the | ||||||
23 | minimum requirements for the planning, establishment, | ||||||
24 | certification, operation, and evaluation of all | ||||||
25 | problem-solving courts in this State. | ||||||
26 | "Validated clinical assessment" means a validated |
| |||||||
| |||||||
1 | assessment tool administered by a qualified clinician to | ||||||
2 | determine the treatment needs of participants. "Validated | ||||||
3 | clinical assessment" includes assessment tools required by | ||||||
4 | public or private insurance. | ||||||
5 | "Pre-adjudicatory mental health court program" means a | ||||||
6 | program that allows the defendant, with the consent of the | ||||||
7 | prosecution, to expedite the defendant's criminal case before | ||||||
8 | conviction or before filing of a criminal case and requires | ||||||
9 | successful completion of the mental health court program as | ||||||
10 | part of the agreement. | ||||||
11 | "Post-adjudicatory mental health court program" means a | ||||||
12 | program in which the defendant has admitted guilt or has been | ||||||
13 | found guilty and agrees, along with the prosecution, to enter | ||||||
14 | a mental health court program as part of the defendant's | ||||||
15 | sentence. | ||||||
16 | "Combination mental health court program" means a mental | ||||||
17 | health court program that
includes a pre-adjudicatory mental | ||||||
18 | health court program and a post-adjudicatory mental health | ||||||
19 | court program. | ||||||
20 | "Co-occurring mental health and substance abuse court | ||||||
21 | program" means a program that includes persons with | ||||||
22 | co-occurring mental illness and substance abuse problems. Such | ||||||
23 | programs
shall include professionals with training and | ||||||
24 | experience in treating persons with substance abuse problems | ||||||
25 | and mental illness.
| ||||||
26 | (Source: P.A. 97-946, eff. 8-13-12.)
|
| |||||||
| |||||||
1 | (730 ILCS 168/15)
| ||||||
2 | Sec. 15. Authorization. | ||||||
3 | (a) The Chief Judge of each judicial circuit may establish | ||||||
4 | a mental health court program, in compliance with the | ||||||
5 | Problem-Solving Court Standards. At the discretion of the | ||||||
6 | Chief Judge, the mental health court program may be operated | ||||||
7 | in one or more counties of the circuit and allow defendants | ||||||
8 | from all counties within the circuit to participate. Mental | ||||||
9 | health court programs must be certified by the Supreme Court | ||||||
10 | including the format under which it operates under this Act .
| ||||||
11 | (b) Whenever the county boards of 2 or more counties | ||||||
12 | within the same judicial circuit determine that a single | ||||||
13 | mental health court program would best serve those counties, | ||||||
14 | the county board of each such county may adopt a resolution to | ||||||
15 | the effect that there shall be a single mental health court | ||||||
16 | program serving those counties, and shall provide a copy of | ||||||
17 | the resolution to the Chief Judge of the judicial circuit. | ||||||
18 | Upon receipt of such a resolution, the Chief Judge may | ||||||
19 | establish or, in the case of an existing mental health court | ||||||
20 | program, reorganize a single mental health court program to | ||||||
21 | serve these counties. | ||||||
22 | (Source: P.A. 95-606, eff. 6-1-08 .)
| ||||||
23 | (730 ILCS 168/20) | ||||||
24 | 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 consent agreement of | ||||||
5 | the defendant and with the approval of the court. A defendant | ||||||
6 | agrees to be admitted when a written consent to participate is | ||||||
7 | provided to the court in open court and the defendant | ||||||
8 | acknowledges understanding its contents. | ||||||
9 | (a-5) Each mental health court shall have a target | ||||||
10 | population defined in its written policies and procedures. The | ||||||
11 | policies and procedures shall define that court's eligibility | ||||||
12 | and exclusionary criteria. | ||||||
13 | (b) A defendant shall be excluded from a mental health | ||||||
14 | court program if any one of the following applies: | ||||||
15 | (1) The crime is a crime of violence as set forth in | ||||||
16 | paragraph clause (3) of this subsection (b). | ||||||
17 | (2) The defendant does not demonstrate a willingness | ||||||
18 | to participate in a treatment program. | ||||||
19 | (3) The defendant has been convicted of a crime of | ||||||
20 | violence within the past 5 10 years excluding | ||||||
21 | incarceration time , parole, and periods of mandatory | ||||||
22 | supervised release . As used in this paragraph (3), "crime | ||||||
23 | of violence" means: first degree murder, second degree | ||||||
24 | murder, predatory criminal sexual assault of a child, | ||||||
25 | aggravated criminal sexual assault, criminal sexual | ||||||
26 | assault, armed robbery, aggravated arson, arson, |
| |||||||
| |||||||
1 | aggravated kidnapping, kidnapping, aggravated battery | ||||||
2 | resulting in great bodily harm or permanent disability, | ||||||
3 | aggravated domestic battery resulting in great bodily harm | ||||||
4 | or permanent disability, aggravated criminal sexual abuse | ||||||
5 | by a person in a position of trust or authority over a | ||||||
6 | child, stalking, aggravated stalking, home invasion, | ||||||
7 | aggravated vehicular hijacking, or any offense involving | ||||||
8 | the discharge of a firearm. | ||||||
9 | (4) The defendant is charged with a violation of | ||||||
10 | subparagraph (F) of paragraph (1) of subsection (d) of | ||||||
11 | Section 11-501 of the Illinois Vehicle Code in which an | ||||||
12 | individual is charged with aggravated driving under the | ||||||
13 | influence that resulted in the death of another person or | ||||||
14 | when the violation was a proximate cause of the death, | ||||||
15 | unless, pursuant to subparagraph (G) of paragraph (1) of | ||||||
16 | subsection (d) of Section 11-501 of the Illinois Vehicle | ||||||
17 | Code, the court determines that extraordinary | ||||||
18 | circumstances exist and require probation. (Blank). | ||||||
19 | (5) (Blank). | ||||||
20 | (6) (Blank). The sentence imposed on the defendant, | ||||||
21 | whether the result of a plea or a finding of guilt, renders | ||||||
22 | the defendant ineligible for probation.
| ||||||
23 | (c) Notwithstanding subsection (a), the defendant may be | ||||||
24 | admitted into a mental health court program only upon the | ||||||
25 | agreement of the prosecutor if the defendant is charged with a | ||||||
26 | Class 2 or greater felony violation of: |
| |||||||
| |||||||
1 | (1) Section 401, 401.1, 405, or 405.2 of the Illinois | ||||||
2 | Controlled Substances Act; | ||||||
3 | (2) Section 5, 5.1, or 5.2 of the Cannabis Control | ||||||
4 | Act; or | ||||||
5 | (3) Section 15, 20, 25, 30, 35, 40, 45, 50, 55, 56, or | ||||||
6 | 65 of the Methamphetamine Control and Community Protection | ||||||
7 | Act. | ||||||
8 | A defendant charged with prostitution under Section 11-14 | ||||||
9 | of the Criminal Code of 2012 may be admitted into a mental | ||||||
10 | health court program, if available in the jurisdiction and | ||||||
11 | provided that the requirements in subsections (a) and (b) are | ||||||
12 | satisfied. Mental health court programs may include | ||||||
13 | specialized service programs specifically designed to address | ||||||
14 | the trauma associated with prostitution and human trafficking, | ||||||
15 | and may offer those specialized services to defendants | ||||||
16 | admitted to the mental health court program. Judicial circuits | ||||||
17 | establishing these specialized programs shall partner with | ||||||
18 | prostitution and human trafficking advocates, survivors, and | ||||||
19 | service providers in the development of the programs. | ||||||
20 | (Source: P.A. 100-426, eff. 1-1-18; 101-652, eff. 7-1-21 .)
| ||||||
21 | (730 ILCS 168/25)
| ||||||
22 | Sec. 25. Procedure. | ||||||
23 | (a) An The court shall require an eligibility screening | ||||||
24 | and an assessment of the defendant shall be performed as | ||||||
25 | required by the court's policies and procedures. The |
| |||||||
| |||||||
1 | assessment shall include a validated clinical assessment. The | ||||||
2 | clinical assessment shall include, but is not limited to, | ||||||
3 | assessments of substance use and mental and behavioral health | ||||||
4 | needs. The clinical assessment shall be administered by a | ||||||
5 | qualified professional and used to inform any clinical | ||||||
6 | treatment plans. Clinical treatment plans shall be developed, | ||||||
7 | in part, upon the known availability of treatment resources | ||||||
8 | available. Assessments for substance use disorder shall be | ||||||
9 | conducted in accordance with the Department of Human Services | ||||||
10 | substance use prevention and recovery rules contained in 77 | ||||||
11 | Ill. Adm. Code 2060 or an equivalent standard in any other | ||||||
12 | state where treatment may take place, and conducted by | ||||||
13 | individuals who meet the Department of Human Services | ||||||
14 | substance use prevention and recovery rules for professional | ||||||
15 | staff also contained within that Code, or an equivalent | ||||||
16 | standard in any other state where treatment may take place. | ||||||
17 | The assessments shall be used to inform any clinical treatment | ||||||
18 | plans. Clinical treatment plans shall be developed in | ||||||
19 | accordance with Problem-Solving Court Standards and, in part, | ||||||
20 | upon the known availability of treatment resources . An | ||||||
21 | assessment need not be ordered if the court finds a valid | ||||||
22 | assessment related to the present charge pending against the | ||||||
23 | defendant has been completed within the previous 60 days. | ||||||
24 | (b) The judge shall inform the defendant that if the | ||||||
25 | defendant fails to meet the conditions requirements of the | ||||||
26 | mental health court program, eligibility to participate in the |
| |||||||
| |||||||
1 | program may be revoked and the defendant may be sentenced or | ||||||
2 | the prosecution continued , as provided in the Unified Code of | ||||||
3 | Corrections , for the crime charged. | ||||||
4 | (c) The defendant shall execute a written agreement as to | ||||||
5 | his or her participation in the program and shall agree to all | ||||||
6 | of the terms and conditions of the program, including but not | ||||||
7 | limited to the possibility of sanctions or incarceration for | ||||||
8 | failing to abide or comply with the terms of the program. | ||||||
9 | (d) In addition to any conditions authorized under the | ||||||
10 | Pretrial Services Act and Section 5-6-3 of the Unified Code of | ||||||
11 | Corrections, the court may order the participant to complete | ||||||
12 | mental health counseling or substance use disorder treatment | ||||||
13 | in an outpatient or residential treatment program and may | ||||||
14 | order the participant to comply with physicians' | ||||||
15 | recommendations regarding medications and all follow-up | ||||||
16 | treatment for any mental health diagnosis made by the | ||||||
17 | provider. Substance use disorder treatment programs must be | ||||||
18 | licensed by the Department of Human Services in accordance | ||||||
19 | with the Department of Human Services substance use prevention | ||||||
20 | and recovery rules, or an equivalent standard in any other | ||||||
21 | state where the treatment may take place, and use | ||||||
22 | evidence-based treatment. When referring participants to | ||||||
23 | mental health treatment programs, the court shall prioritize | ||||||
24 | providers certified as community mental health or behavioral | ||||||
25 | health centers if possible. The court shall consider the least | ||||||
26 | restrictive treatment option when ordering mental health or |
| |||||||
| |||||||
1 | substance use disorder treatment for participants and the | ||||||
2 | results of clinical and risk assessments in accordance with | ||||||
3 | the Problem-Solving Court Standards. defendant to complete | ||||||
4 | mental health or substance abuse treatment in an outpatient, | ||||||
5 | inpatient, residential, or jail-based custodial treatment | ||||||
6 | program. Any period of time a defendant shall serve in a | ||||||
7 | jail-based treatment program may not be reduced by the | ||||||
8 | accumulation of good time or other credits and may be for a | ||||||
9 | period of up to 120 days. | ||||||
10 | (e) The mental health court program shall may include a | ||||||
11 | regimen of graduated requirements , including and rewards and | ||||||
12 | sanctions, including but not limited to: fines, fees, costs, | ||||||
13 | restitution, incarceration of up to 180 days, individual and | ||||||
14 | group therapy, medication, substance drug analysis testing, | ||||||
15 | close monitoring by the court , and supervision of progress, | ||||||
16 | restitution, educational or vocational counseling as | ||||||
17 | appropriate , and other requirements necessary to fulfill the | ||||||
18 | mental health court program. Program phases, therapeutic | ||||||
19 | adjustments, incentives, and sanctions, including the use of | ||||||
20 | jail sanctions, shall be administered in accordance with | ||||||
21 | evidence-based practices and the Problem-Solving Court | ||||||
22 | Standards. A participant's failure to pay program fines or | ||||||
23 | fees shall not prevent the participant from advancing phases | ||||||
24 | or successfully completing the program. If the participant | ||||||
25 | needs treatment for an opioid use disorder or dependence, the | ||||||
26 | court may not prohibit the participant from receiving |
| |||||||
| |||||||
1 | medication-assisted treatment under the care of a physician | ||||||
2 | licensed in this State to practice medicine in all of its | ||||||
3 | branches. Mental health court participants may not be required | ||||||
4 | to refrain from using medication-assisted treatment as a term | ||||||
5 | or condition of successful completion of the mental health | ||||||
6 | court program.
| ||||||
7 | (f) 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 | disorders court program, a network of substance use disorder | ||||||
11 | treatment programs representing a continuum of treatment | ||||||
12 | options commensurate with the needs of the participant and | ||||||
13 | available resources, including programs of this State. | ||||||
14 | (g) Recognizing that individuals struggling with mental | ||||||
15 | health, addiction, and related co-occurring disorders have | ||||||
16 | often experienced trauma, mental health court programs may | ||||||
17 | include specialized service programs specifically designed to | ||||||
18 | address trauma. These specialized services may be offered to | ||||||
19 | individuals admitted to the mental health court program. | ||||||
20 | Judicial circuits establishing these specialized programs | ||||||
21 | shall partner with advocates, survivors, and service providers | ||||||
22 | in the development of the programs. Trauma-informed services | ||||||
23 | and programming shall be operated in accordance with | ||||||
24 | evidence-based best practices as outlined by the Substance | ||||||
25 | Abuse and Mental Health Service Administration's National | ||||||
26 | Center for Trauma-Informed Care. |
| |||||||
| |||||||
1 | (h) The court may establish a mentorship program that
| ||||||
2 | provides access and support to program participants by peer | ||||||
3 | recovery coaches. Courts shall be responsible to administer | ||||||
4 | the mentorship program with the support of mentors and local | ||||||
5 | mental health and substance use disorder treatment | ||||||
6 | organizations. | ||||||
7 | (Source: P.A. 95-606, eff. 6-1-08 .)
| ||||||
8 | (730 ILCS 168/30)
| ||||||
9 | Sec. 30. Mental health and substance use disorder abuse | ||||||
10 | treatment. | ||||||
11 | (a) The mental health court program may maintain or | ||||||
12 | collaborate with a network of mental
health treatment programs | ||||||
13 | and, if it is a co-occurring mental health and substance use | ||||||
14 | disorders abuse court program, a network of substance use | ||||||
15 | disorder abuse treatment programs representing a continuum of | ||||||
16 | treatment options commensurate with the needs of participants | ||||||
17 | defendants and available resources. | ||||||
18 | (b) Any substance use disorder abuse treatment program to | ||||||
19 | which participants defendants are referred must hold a valid | ||||||
20 | license from the Department of Human Services Division of | ||||||
21 | Substance Use Prevention and Recovery, use evidence-based | ||||||
22 | treatment, and deliver all services in accordance with 77 Ill. | ||||||
23 | Adm. Code 2060, including services available through the | ||||||
24 | United States Department of Veterans Affairs, the Illinois | ||||||
25 | Department of Veterans Affairs, or the Veterans Assistance |
| |||||||
| |||||||
1 | Commission, or an equivalent standard in any other state where | ||||||
2 | treatment may take place meet all of the rules and governing | ||||||
3 | programs in Parts 2030 and 2060 of Title 77 of the Illinois | ||||||
4 | Administrative Code . | ||||||
5 | (c) The mental health court program may, at its | ||||||
6 | discretion, employ additional services or interventions, as it | ||||||
7 | deems necessary on a case by case basis.
| ||||||
8 | (Source: P.A. 95-606, eff. 6-1-08 .)
| ||||||
9 | (730 ILCS 168/35)
| ||||||
10 | Sec. 35. Violation; termination; dismissal from program | ||||||
11 | discharge .
| ||||||
12 | (a) If the court finds from the evidence presented, | ||||||
13 | including, but not limited to, the reports or proffers of | ||||||
14 | proof from the mental health court professionals, that: (1) | ||||||
15 | the participant is not complying with the requirements of the | ||||||
16 | treatment program; or (2) the participant has otherwise | ||||||
17 | violated the terms and conditions of the program, the court | ||||||
18 | may impose reasonable sanctions under the prior written | ||||||
19 | agreement of the participant, including, but not limited to, | ||||||
20 | imprisonment or dismissal of the defendant from the program | ||||||
21 | and the court may reinstate criminal proceedings against the | ||||||
22 | participant or proceed under Section 5-6-4 of the Unified Code | ||||||
23 | of Corrections for a violation of probation, conditional | ||||||
24 | discharge, or supervision hearing. If the court finds from the | ||||||
25 | evidence presented, including but not limited to the reports |
| |||||||
| |||||||
1 | or proffers of proof from the mental health court | ||||||
2 | professionals that: | ||||||
3 | (1) the defendant is not performing satisfactorily in | ||||||
4 | the assigned program; | ||||||
5 | (2) the defendant is not benefiting from education, | ||||||
6 | treatment, or rehabilitation; | ||||||
7 | (3) the defendant has engaged in criminal conduct | ||||||
8 | rendering him or her unsuitable for the program; or | ||||||
9 | (4) the defendant has otherwise violated the terms and | ||||||
10 | conditions of the program or his or her sentence or is for | ||||||
11 | any reason unable to participate;
| ||||||
12 | the court may impose reasonable sanctions under prior written | ||||||
13 | agreement of the defendant, including but not limited to | ||||||
14 | imprisonment or dismissal of the defendant from the program; | ||||||
15 | and the court may reinstate criminal proceedings against him | ||||||
16 | or her or proceed under Section 5-6-4 of the Unified Code of | ||||||
17 | Corrections for a violation of probation, conditional | ||||||
18 | discharge, or supervision hearing. | ||||||
19 | (a-5) Based on the evidence presented, the court shall | ||||||
20 | determine whether the participant has violated the conditions | ||||||
21 | of the program and whether the participant should be dismissed | ||||||
22 | from the program or whether, pursuant to the court's policies | ||||||
23 | and procedures, some other alternative may be appropriate in | ||||||
24 | the interests of the participant and the public. | ||||||
25 | (a-10) A participant may voluntarily withdraw from the | ||||||
26 | mental health court program in accordance with the mental |
| |||||||
| |||||||
1 | health court program's policies and procedures. Prior to | ||||||
2 | allowing the participant to withdraw, the judge shall: | ||||||
3 | (1) ensure that the participant has the right to | ||||||
4 | consult with counsel prior to withdrawal; | ||||||
5 | (2) determine in open court that the withdrawal is | ||||||
6 | made voluntarily and knowingly; and | ||||||
7 | (3) admonish the participant in open court, as to | ||||||
8 | the consequences, actual or potential, which can | ||||||
9 | result from withdrawal. | ||||||
10 | Upon withdrawal, the criminal proceedings may be | ||||||
11 | reinstated against the participant or proceedings may be | ||||||
12 | initiated 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-15)
No participant defendant may be dismissed from the | ||||||
16 | program unless, prior to such dismissal, the participant | ||||||
17 | defendant is informed in writing: (i) of the reason or reasons | ||||||
18 | for the dismissal; (ii) the evidentiary basis supporting the | ||||||
19 | reason or reasons for the dismissal; (iii) that the | ||||||
20 | participant defendant has a right to a hearing at
which he or | ||||||
21 | she may present evidence supporting his or her continuation in | ||||||
22 | the program. Based upon the evidence presented, the court | ||||||
23 | shall determine whether the defendant has violated the | ||||||
24 | conditions of the program and whether the defendant should be | ||||||
25 | dismissed from the program or whether some other alternative | ||||||
26 | may be appropriate in the interests of the defendant and the |
| |||||||
| |||||||
1 | public. | ||||||
2 | (a-20) A participant who has not violated the conditions | ||||||
3 | of the program in such a way as to warrant unsuccessful | ||||||
4 | dismissal, but who is unable to complete program requirements | ||||||
5 | to qualify for a successful discharge, may be terminated from | ||||||
6 | the program as a neutral discharge. | ||||||
7 | (b) Upon successful completion of the terms and conditions | ||||||
8 | of the program, the court may dismiss the original charges | ||||||
9 | against the participant defendant or successfully terminate | ||||||
10 | the participant's defendant's sentence or otherwise discharge | ||||||
11 | the participant him or her from the program or from any further | ||||||
12 | proceedings against the participant him or her in the original | ||||||
13 | prosecution.
| ||||||
14 | (c) Upon successful completion of the terms and conditions | ||||||
15 | of the program, any State's Attorney in the county of | ||||||
16 | conviction, a participant, or defense attorney may move to | ||||||
17 | vacate any convictions that are eligible for sealing under the | ||||||
18 | Criminal Identification Act. A participant may immediately | ||||||
19 | file a petition to expunge vacated convictions and the | ||||||
20 | associated underlying records per the Criminal Identification | ||||||
21 | Act. If the State's Attorney moves to vacate a conviction, the | ||||||
22 | State's Attorney may not object to expungement of that | ||||||
23 | conviction or the underlying record. | ||||||
24 | (d) The mental health court program may maintain or | ||||||
25 | collaborate with a network of legal aid organizations that | ||||||
26 | specialize in conviction relief to support participants |
| |||||||
| |||||||
1 | navigating the expungement and sealing process. | ||||||
2 | (Source: P.A. 95-606, eff. 6-1-08 .)
| ||||||
3 | (730 ILCS 168/41 new) | ||||||
4 | Sec. 41. Education seminars for judges. A judge assigned | ||||||
5 | to preside over a mental health court shall have experience, | ||||||
6 | training, and continuing education in topics including, but | ||||||
7 | not limited to: | ||||||
8 | (1) criminal law; | ||||||
9 | (2) behavioral health; | ||||||
10 | (3) confidently; | ||||||
11 | (4) ethics; | ||||||
12 | (5) evidence-based practices; | ||||||
13 | (6) substance use disorders; | ||||||
14 | (7) mental illness; | ||||||
15 | (8) co-occurring disorders; and | ||||||
16 | (9) presiding over various types of problem-solving | ||||||
17 | courts.
| ||||||
18 | (730 ILCS 168/45 new) | ||||||
19 | Sec. 45. Education seminars for mental health court | ||||||
20 | prosecutors. Subject to appropriation, the Office of the | ||||||
21 | State's Attorneys Appellate Prosecutor shall conduct mandatory | ||||||
22 | education seminars for all prosecutors serving in mental | ||||||
23 | health courts throughout the State to ensure that the | ||||||
24 | problem-solving court maintains fidelity to the |
| |||||||
| |||||||
1 | problem-solving court model. Topics include, but are not | ||||||
2 | limited to, evidence-based screening, assessment and treatment | ||||||
3 | practices, target population, substance use disorders, mental | ||||||
4 | illness, disability, co-occurring disorders, trauma, | ||||||
5 | confidentiality, criminogenic risks and needs, incentives and | ||||||
6 | sanctions, court processes, limited English proficiency, and | ||||||
7 | team dynamics.
| ||||||
8 | (730 ILCS 168/50 new) | ||||||
9 | Sec. 50. Education seminars for mental health court public
| ||||||
10 | defenders. Subject to appropriation, the Office of the State | ||||||
11 | Appellate Defender shall conduct mandatory education seminars | ||||||
12 | for all public defenders and assistant public defenders | ||||||
13 | practicing in mental health courts throughout the State to | ||||||
14 | ensure that the problem-solving court maintains fidelity to | ||||||
15 | the problem-solving court model. Topics include, but are not | ||||||
16 | limited to, evidence-based screening, assessment and treatment | ||||||
17 | practices, target population, substance use disorders, mental | ||||||
18 | illness, disability, co-occurring disorders, trauma, | ||||||
19 | confidentiality, criminogenic risks and needs, incentives and | ||||||
20 | sanctions, court
processes, limited English proficiency, and | ||||||
21 | team dynamics.
| ||||||
22 | (730 ILCS 168/40 rep.) | ||||||
23 | Section 20. The Mental Health Court Treatment Act is | ||||||
24 | amended by repealing Section 40.
|
| |||||||
| |||||||