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| Public Act 099-0819 | ||||
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The Veterans and Servicemembers Court
Treatment | ||||
Act is amended by changing Sections 10, 25, and 30 as follows: | ||||
(730 ILCS 167/10)
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Sec. 10. Definitions. In this Act: | ||||
"Combination Veterans and Servicemembers Court program" | ||||
means a court program that
includes a pre-adjudicatory and a | ||||
post-adjudicatory Veterans and Servicemembers court
program.
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"Court" means Veterans and Servicemembers Court. | ||||
"IDVA" means the Illinois Department of Veterans' Affairs. | ||||
"Peer recovery coach" means a volunteer veteran mentor | ||||
assigned to a veteran or servicemember during participation in | ||||
a veteran treatment court program who has been trained and | ||||
certified by the court to guide and mentor the participant to | ||||
successfully complete the assigned requirements. | ||||
"Post-adjudicatory Veterans and Servicemembers Court | ||||
Program" means a program in
which the defendant has admitted | ||||
guilt or has been found guilty and agrees, along with the
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prosecution, to enter a Veterans and Servicemembers Court | ||||
program as part of the defendant's
sentence.
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"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.
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"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.
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"VA" means the United States Department of Veterans' | ||
Affairs. | ||
"VAC" means a veterans assistance commission. | ||
"Veteran" means a person who served in the active military, | ||
naval, or air service and who
was discharged or released | ||
therefrom under conditions other than dishonorable.
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"Veterans and Servicemembers Court professional" means a | ||
member of the Veterans and
Servicemembers Court team, including | ||
but not limited to a judge, prosecutor, defense
attorney, | ||
probation officer, coordinator, treatment provider, or peer | ||
recovery coach.
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"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.
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(Source: P.A. 99-314, eff. 8-7-15.) | ||
(730 ILCS 167/25)
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Sec. 25. Procedure. | ||
(a) The Court shall order the defendant to submit to an | ||
eligibility screening and an
assessment through the VA, VAC, | ||
and/or the IDVA to provide information on the defendant's | ||
veteran
or servicemember status.
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(b) The Court shall order the defendant to submit to an | ||
eligibility screening and mental
health and drug/alcohol | ||
screening and assessment of the defendant by the VA, VAC, or by | ||
the IDVA to
provide assessment services for Illinois Courts. | ||
The assessment shall include a risks
assessment and be based, | ||
in part, upon the known availability of treatment resources | ||
available to
the Veterans and Servicemembers Court. The | ||
assessment shall also include recommendations
for treatment of | ||
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
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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.
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(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.
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(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,
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including but not limited to the possibility of sanctions or | ||
incarceration for failing to abide or
comply with the terms of | ||
the program.
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(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.
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(f) The Court may establish a mentorship program that | ||
provides access and support to program participants by peer | ||
recovery coaches. Courts shall be responsible to administer the | ||
mentorship program with the support of volunteer veterans and | ||
local veteran service organizations, including a VAC. Peer | ||
recovery coaches shall be trained and certified by the Court | ||
prior to being assigned to participants in the program. | ||
(Source: P.A. 99-314, eff. 8-7-15.) | ||
(730 ILCS 167/30)
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Sec. 30. Mental health and substance abuse treatment. | ||
(a) The Veterans and Servicemembers Court program may | ||
maintain a network of
substance abuse treatment programs | ||
representing a continuum of graduated substance abuse
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treatment options commensurate with the needs of defendants; | ||
these shall include programs with
the VA, IDVA, a VAC, the | ||
State of Illinois and community-based programs supported and | ||
sanctioned by
either or both.
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(b) Any substance abuse treatment program to which | ||
defendants are referred must meet
all of the rules and | ||
governing programs in Parts 2030 and 2060 of Title 77 of the | ||
Illinois
Administrative Code.
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(c) The Veterans and Servicemembers Court program may, in | ||
its discretion, employ
additional services or interventions, | ||
as it deems necessary on a case by case basis.
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(d) The Veterans and Servicemembers Court program may | ||
maintain or collaborate with a
network of mental health | ||
treatment programs and, if it is a co-occurring mental health | ||
and
substance abuse court program, a network of substance abuse | ||
treatment programs representing a
continuum of treatment | ||
options commensurate with the needs of the defendant and | ||
available
resources including programs with the VA, the IDVA, a | ||
VAC, and the State of Illinois.
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(Source: P.A. 96-924, eff. 6-14-10.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law. | ||