Public Act 096-0924
 		





HB5214 Enrolled
LRB096 18368 RLC 33745 b





  
    AN ACT concerning courts.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  




 
    Section 1. Short title. This Act may be cited as the 
Veterans and Servicemembers Court
Treatment Act.

 
    Section 5. Purposes. The General Assembly recognizes that 
veterans and active, Reserve
and National Guard servicemembers 
have provided or are currently providing an invaluable
service 
to our country. In so doing, some may suffer the effects of, 
including but not limited to,
post traumatic stress disorder, 
traumatic brain injury, depression and may also suffer drug and

alcohol dependency or addiction and co-occurring mental 
illness and substance abuse problems.
As a result of this, some 
veterans or active duty servicemembers come into contact with 
the
criminal justice system and are charged with felony or 
misdemeanor offenses. There is a critical
need for the criminal 
justice system to recognize these veterans, provide 
accountability for their
wrongdoing, provide for the safety of 
the public and provide for the treatment of our veterans. It
is 
the intent of the General Assembly to create specialized 
veteran and servicemember courts or
programs with the necessary 
flexibility to meet the specialized problems faced by these 
veteran
and servicemember defendants.

 
    Section 10. Definitions. In this Act:
    "Combination Veterans and Servicemembers Court program" 
means a court program that
includes a pre-adjudicatory and a 
post-adjudicatory Veterans and Servicemembers court
program.

    "Court" means Veterans and Servicemembers Court.
    "IDVA" means the Illinois Department of Veterans' Affairs.
    "Post-adjudicatory Veterans and Servicemembers Court 
Program" means a program in
which the defendant has admitted 
guilt or has been found guilty and agrees, along with the

prosecution, to enter a Veterans and Servicemembers Court 
program as part of the defendant's
sentence.

    "Pre-adjudicatory Veterans and Servicemembers Court 
Program" means a program that
allows the defendant with the 
consent of the prosecution, to expedite the defendant's 
criminal
case before conviction or before filing of a criminal 
case and requires successful completion of
the Veterans and 
Servicemembers Court programs as part of the agreement.

    "Servicemember" means a person who is currently serving in 
the Army, Air Force,
Marines, Navy, or Coast Guard on active 
duty, reserve status or in the National Guard.

    "VA" means the United States Department of Veterans' 
Affairs.
    "Veteran" means a person who served in the active military, 
naval, or air service and who
was discharged or released 
therefrom under conditions other than dishonorable.

    "Veterans and Servicemembers Court professional" means a 
judge, prosecutor, defense
attorney, probation officer, or 
treatment provider involved with the Court program.

    "Veterans and Servicemembers Court" means a court or 
program with an immediate and
highly structured judicial 
intervention process for substance abuse treatment, mental 
health, or
other assessed treatment needs of eligible veteran 
and servicemember defendants that brings
together substance 
abuse professionals, mental health professionals, VA 
professionals, local
social programs and intensive judicial 
monitoring in accordance with the nationally
recommended 10 key 
components of drug courts.

 
    Section 15. Authorization. The Chief Judge of each judicial 
circuit may establish a
Veterans and Servicemembers Court 
program including a format under which it operates under
this 
Act. The Veterans and Servicemembers Court may, at the 
discretion of the Chief Judge, be a
separate court or a program 
of a drug court within the Circuit. At the discretion of the 
Chief
Judge, the Veterans and Servicemembers Court program may 
be operated in one county in the
Circuit, and allow veteran and 
servicemember defendants from all counties within the Circuit 
to
participate.

 
    Section 20. Eligibility. Veterans and Servicemembers are 
eligible for Veterans and
Servicemembers Courts, provided the 
following:

    (a) A defendant may be admitted into a Veterans and 
Servicemembers Court program
only upon the agreement of the 
prosecutor and the defendant and with the approval of the 
Court.

    (b) A defendant shall be excluded from Veterans and 
Servicemembers Court program if
any of one of the following 
applies:

        (1) The crime is a crime of violence as set forth in 
    clause (3) of this subsection (b).
        (2) The defendant does not demonstrate a willingness to 
    participate in a treatment
program.

        (3) The defendant has been convicted of a crime of 
    violence within the past 10
years excluding incarceration 
    time, including but not limited to: first degree murder,

    second degree murder, predatory criminal sexual assault of 
    a child, aggravated criminal
sexual assault, criminal 
    sexual assault, armed robbery, aggravated arson, arson,

    aggravated kidnapping and kidnapping, aggravated battery 
    resulting in great bodily harm
or permanent disability, 
    stalking, aggravated stalking, or any offense involving 
    the
discharge of a firearm or where occurred serious bodily 
    injury or death to any person.

        (4) The defendant has previously completed or has been 
    discharged from a
Veterans and Servicemembers Court 
    program within three years of that completion or
discharge.

 
    Section 25. Procedure. 
    (a) The Court shall order the defendant to submit to an 
eligibility screening and an
assessment through the VA and/or 
the IDVA to provide information on the defendant's veteran
or 
servicemember status.

    (b) The Court shall order the defendant to submit to an 
eligibility screening and mental
health and drug/alcohol 
screening and assessment of the defendant by the VA or by the 
IDVA to
provide assessment services for Illinois Courts. The 
assessment shall include a risks
assessment and be based, in 
part, upon the known availability of treatment resources 
available to
the Veterans and Servicemembers Court. The 
assessment shall also include recommendations
for treatment of 
the conditions which are indicating a need for treatment under 
the monitoring
of the Court and be reflective of a level of 
risk assessed for the individual seeking admission. An

assessment need not be ordered if the Court finds a valid 
screening and/or assessment related to
the present charge 
pending against the defendant has been completed within the 
previous 60
days.

    (c) The judge shall inform the defendant that if the 
defendant fails to meet the conditions
of the Veterans and 
Servicemembers Court program, eligibility to participate in 
the program may
be revoked and the defendant may be sentenced 
or the prosecution continued as provided in the
Unified Code of 
Corrections for the crime charged.

    (d) The defendant shall execute a written agreement with 
the Court as to his or her
participation in the program and 
shall agree to all of the terms and conditions of the program,

including but not limited to the possibility of sanctions or 
incarceration for failing to abide or
comply with the terms of 
the program.

    (e) In addition to any conditions authorized under the 
Pretrial Services Act and Section 5-6-3 of the Unified Code of 
Corrections, the Court may order the defendant to complete 
substance
abuse treatment in an outpatient, inpatient, 
residential, or jail-based custodial treatment program,
order 
the defendant to complete mental health counseling in an 
inpatient or outpatient basis,
comply with physicians' 
recommendation regarding medications and all follow up 
treatment.
This treatment may include but is not limited to 
post-traumatic stress disorder, traumatic brain
injury and 
depression.

 
    Section 30. Mental health and substance abuse treatment. 
    (a) The Veterans and Servicemembers Court program may 
maintain a network of
substance abuse treatment programs 
representing a continuum of graduated substance abuse

treatment options commensurate with the needs of defendants; 
these shall include programs with
the VA, IDVA, the State of 
Illinois and community-based programs supported and sanctioned 
by
either or both.

    (b) Any substance abuse treatment program to which 
defendants are referred must meet
all of the rules and 
governing programs in Parts 2030 and 2060 of Title 77 of the 
Illinois
Administrative Code.

    (c) The Veterans and Servicemembers Court program may, in 
its discretion, employ
additional services or interventions, 
as it deems necessary on a case by case basis.

    (d) The Veterans and Servicemembers Court program may 
maintain or collaborate with a
network of mental health 
treatment programs and, if it is a co-occurring mental health 
and
substance abuse court program, a network of substance abuse 
treatment programs representing a
continuum of treatment 
options commensurate with the needs of the defendant and 
available
resources including programs with the VA, the IDVA 
and the State of Illinois.

 
    Section 35. Violation; termination; discharge. 
    (a) If the Court finds from the evidence presented 
including but not limited to the reports
or proffers of proof 
from the Veterans and Servicemembers Court professionals that:

        (1) the defendant is not performing satisfactorily in 
    the assigned program;
        (2) the defendant is not benefitting from education, 
    treatment, or rehabilitation;
        (3) the defendant has engaged in criminal conduct 
    rendering him or her
unsuitable for the program; or

        (4) the defendant has otherwise violated the terms and 
    conditions of the program
or his or her sentence or is for 
    any reason unable to participate; the Court may impose 
    reasonable sanctions under prior written agreement of the

    defendant, including but not limited to imprisonment or 
    dismissal of the defendant from the
program and the Court 
    may reinstate criminal proceedings against him or her or 
    proceed under
Section 5-6-4 of the Unified Code of 
    Corrections for a violation of probation, conditional

    discharge, or supervision hearing.
    (b) Upon successful completion of the terms and conditions 
of the program, the Court
may dismiss the original charges 
against the defendant or successfully terminate the 
defendant's
sentence or otherwise discharge him or her from any 
further proceedings against him or her in
the original 
prosecution.

 
    Section 90. The Counties Code is amended by changing 
Section 5-1101 as follows:
 
    (55 ILCS 5/5-1101)  (from Ch. 34, par. 5-1101)

    Sec. 5-1101. Additional fees to finance court system.
A 
county board may enact by ordinance or resolution the following 
fees:


    (a) A $5 fee to be paid by the defendant on a judgment of 
guilty or a grant
of supervision for violation of the Illinois 
Vehicle Code other than Section
11-501 or violations of similar 
provisions contained in county or municipal
ordinances 
committed in the county, and up to a $30 fee to be paid by the

defendant on a judgment of guilty or a grant of supervision for 
violation of
Section 11-501 of the Illinois Vehicle Code or a 
violation of a similar
provision contained in county or 
municipal ordinances committed in the county.


    (b) In the case of a county having a population of 
1,000,000 or less,
a $5 fee to be collected in all civil cases 
by the clerk of the circuit court.


    (c) A fee to be paid by the defendant on a judgment of 
guilty or a grant of
supervision, as follows:


        (1) for a felony, $50;


        (2) for a class A misdemeanor, $25;


        (3) for a class B or class C misdemeanor, $15;


        (4) for a petty offense, $10;


        (5) for a business offense, $10.


    (d) A $100 fee for the second and subsequent violations of 
Section
11-501 of the Illinois Vehicle Code or violations of 
similar provisions
contained in county or municipal ordinances 
committed in the county.  The
proceeds of this fee shall be 
placed in the county general fund and used to
finance education 
programs related to driving under the influence of alcohol or

drugs.


    (d-5) A $10 fee to be paid by the defendant on a judgment 
of guilty or a grant of supervision under Section 5-9-1 of the 
Unified Code of Corrections to be placed in the county general 
fund and used to finance the county mental health court, the 
county drug court, the Veterans and Servicemembers Court, or 
any or all of the above or both.
    (e) In each county in which a teen court, peer court, peer 
jury, youth
court, or
other
youth diversion program has been 
created, a county may adopt a mandatory fee
of up to $5 to be 
assessed as provided in this subsection.  Assessments
collected

by the clerk of the circuit court pursuant to this subsection 
must be deposited
into an
account specifically for the 
operation and administration of a teen court, peer
court, peer 
jury, youth court, or other youth diversion program.  The clerk 
of
the
circuit court shall collect the fees established in this 
subsection and must
remit the
fees to the teen court, peer 
court, peer jury, youth court, or other youth
diversion
program 
monthly, less 5%, which is to be retained as fee income to the 
office
of
the clerk of the circuit court.  The fees are to be 
paid as follows:

        (1) a fee of up to $5 paid by the defendant on a 
    judgment of guilty or
grant of supervision for violation of 
    the Illinois Vehicle Code or violations
of similar 
    provisions contained in county or municipal ordinances 
    committed in
the
county;

        (2) a fee of up to $5 paid by the defendant on a 
    judgment of guilty or
grant of supervision under Section 
    5-9-1 of the Unified Code of Corrections for
a
felony; for 
    a Class A, Class B, or Class C misdemeanor; for a petty 
    offense;
and
for a business offense.


    (f) In each county in which a drug court has been created, 
the county may adopt a mandatory fee of up to $5 to be assessed 
as provided in this subsection. Assessments collected by the 
clerk of the circuit court pursuant to this subsection must be 
deposited into an account specifically for the operation and 
administration of the drug court. The clerk of the circuit 
court shall collect the fees established in this subsection and 
must remit the fees to the drug court, less 5%, which is to be 
retained as fee income to the office of the clerk of the 
circuit court. The fees are to be paid as follows:
        (1) a fee of up to $5 paid by the defendant on a 
    judgment of guilty or grant of supervision for a violation 
    of the Illinois Vehicle Code or a violation   of a similar 
    provision contained in a county or municipal ordinance 
    committed in the county; or
        (2) a fee of up to $5 paid by the defendant on a 
    judgment of guilty or a grant of supervision  under Section 
    5-9-1 of the Unified Code of Corrections for a felony; for 
    a Class A, Class B, or Class C misdemeanor; for a petty 
    offense; and for a business offense.
    
The clerk of the circuit court shall deposit the 5% 
retained under this subsection into the Circuit Court Clerk 
Operation and Administrative Fund to be used to defray the 
costs of collection and disbursement of the drug court fee.
    (f-5) In each county in which a Children's Advocacy Center 
provides services, the county board may adopt a mandatory fee 
of between $5 and $30 to be paid by   the defendant on a judgment 
of guilty or a grant of supervision  under Section 5-9-1 of the 
Unified Code of Corrections for a felony; for a Class A, Class 
B, or Class C misdemeanor; for a petty offense; and for a 
business offense.  Assessments shall be collected by the clerk 
of the circuit court and must be deposited into an account 
specifically for the operation and administration of the 
Children's Advocacy Center.  The clerk of the circuit court 
shall collect the fees as provided in this subsection, and must 
remit the fees to the Children's Advocacy Center.

    (g) The proceeds of all fees enacted under this Section 
must, except as
provided in subsections (d), (d-5),

(e), and 
(f), be placed
in the
county general fund and used to
finance 
the court system in the county, unless the fee is subject to

disbursement by the circuit clerk as provided under Section 
27.5 of the Clerks
of Courts Act.


(Source: P.A. 95-103, eff. 1-1-08; 95-331, eff. 8-21-07; 
96-328, eff. 8-11-09.)

 
    Section 99. Effective date. This Act takes effect upon 
becoming law.