730 ILCS 167/ Veterans and Servicemembers Court Treatment Act.

(730 ILCS 167/1)

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

(Source: P.A. 96-924, eff. 6-14-10.)

(730 ILCS 167/5)

Sec. 5. Purposes. The General Assembly recognizes that veterans and active servicemembers, including Reserve and National Guard servicemembers, have provided or are currently providing an invaluable service to our country. Some veterans and active duty servicemembers may suffer from the effects of their service, including, but not limited to, post-traumatic stress disorder, traumatic brain injury, depression and may also suffer co-occurring mental illness and substance use disorder problems. As a result, 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 veterans, provide accountability for their wrongdoing, provide for the safety of the public, and provide for the treatment of such veterans. It is the intent of the General Assembly to create specialized veteran and servicemember courts in accordance with evidence-based practices and Problem-Solving Court Standards for addressing substance use, mental health, and co-occurring disorders with the necessary flexibility to meet the specialized needs for an array of services and supports among participants in certified veteran and servicemember court programs in the State.

(Source: P.A. 102-1041, eff. 6-2-22.)

(730 ILCS 167/10)

Sec. 10. Definitions. In this Act:

"Certification" means the process by which a problem-solving court obtains approval from the Supreme Court to operate in accordance with the Problem-Solving Court Standards.

"Clinical treatment plan" means an evidence-based, comprehensive, and individualized plan that: (i) is developed by a qualified professional in accordance with the Department of Human Services substance use prevention and recovery rules under 77 Ill. Adm. Code 2060 or an equivalent standard in any state where treatment may take place; and (ii) defines the scope of treatment services to be delivered by a court treatment provider.

"Combination Veterans and Servicemembers court program" means a type of problem-solving court that allows an individual to enter a problem-solving court before a plea, conviction, or disposition while also permitting an individual who has admitted guilt, or been found guilty, to enter a problem-solving court as a part of the individual's sentence or disposition.

"Community behavioral health center" means a physical site where behavioral healthcare services are provided in accordance with the Community Behavioral Health Center Infrastructure Act.

"Community mental health center" means an entity:

(1) licensed by the Department of Public Health as a community mental health center in accordance with the conditions of participation for community mental health centers established by the Centers for Medicare and Medicaid Services; and

(2) that provides outpatient services, including specialized outpatient services, for individuals who are chronically mental ill.

"Co-occurring mental health and substance use disorders court program" means a program that includes an individual with co-occurring mental illness and substance use disorder diagnoses and professionals with training and experience in treating individuals with diagnoses of substance use disorder and mental illness.

"Court" means veterans and servicemembers court.

"IDVA" means the Illinois Department of Veterans' Affairs.

"Peer recovery coach" means a veteran mentor as defined nationally by Justice for Vets and assigned to a veteran or servicemember during participation in a veteran treatment court program who has been approved by the court, and trained according to curriculum recommended by Justice for Vets, a service provider used by the court for substance use disorder or mental health treatment, a local service provider with an established peer recovery coach or mentor program not otherwise used by the court for treatment, or a Certified Recovery Support Specialist certified by the Illinois Certification Board. "Peer recovery coach" includes individuals with lived experiences of the issues the problem-solving court seeks to address, including, but not limited to, substance use disorder, mental illness, and co-occurring disorders or involvement with the criminal justice system. "Peer recovery coach" includes individuals required to guide and mentor the participant to successfully complete assigned requirements and to facilitate participants' independence for continued success once the supports of the court are no longer available to them.

"Post-adjudicatory veterans and servicemembers court program" means a program that allows a defendant who has admitted guilt or has been found guilty and agrees, with the defendant's consent, and the approval of the court, to enter a veterans and servicemembers court program as part of the defendant's sentence or disposition.

"Pre-adjudicatory veterans and servicemembers court program" means a program that allows the defendant, with the defendant's consent and the approval of the court, to enter the Veterans and Servicemembers Court program before plea, conviction, or disposition and requires successful completion of the Veterans and Servicemembers Court programs as part of the agreement.

"Problem-Solving Court Standards" means the statewide standards adopted by the Supreme Court that set forth the minimum requirements for the planning, establishment, certification, operation, and evaluation of all problem-solving courts in this State.

"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.

"VAC" means a veterans assistance commission.

"Validated clinical assessment" means a validated assessment tool administered by a qualified clinician to determine the treatment needs of participants. "Validated clinical assessment" includes assessment tools required by public or private insurance.

"Veteran" means a person who previously served as an active servicemember.

"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.

"Veterans and servicemembers court", "veterans and servicemembers court program", "court", or "program" means a specially designated court, court calendar, or docket facilitating intensive therapeutic treatment to monitor and assist veteran or servicemember participants with substance use disorder, mental illness, co-occurring disorders, or other assessed treatment needs of eligible veteran and servicemember participants and in making positive lifestyle changes and reducing the rate of recidivism. Veterans and servicemembers court programs are nonadversarial in nature and bring together substance use disorder professionals, mental health professionals, VA professionals, local social programs, and intensive judicial monitoring in accordance with the nationally recommended 10 key components of veterans treatment courts and the Problem-Solving Court Standards. Common features of a veterans and servicemembers court program include, but are not limited to, a designated judge and staff; specialized intake and screening procedures; coordinated treatment procedures administered by a trained, multidisciplinary professional team; close evaluation of participants, including continued assessments and modification of the court requirements and use of sanctions, incentives, and therapeutic adjustments to address behavior; frequent judicial interaction with participants; less formal court process and procedures; voluntary participation; and a low treatment staff-to-client ratio.

(Source: P.A. 102-1041, eff. 6-2-22.)

(730 ILCS 167/15)

Sec. 15. Authorization.

(a) The Chief Judge of each judicial circuit may establish a veterans and servicemembers court program in compliance with the Problem-Solving Court Standards. The veterans and servicemembers court may, at the discretion of the Chief Judge, be a separate court or a program of a problem-solving court, including, but not limited to, a drug court, mental health court, or a court for individuals with either substance use, mental health, or co-occurring disorders. At the discretion of the Chief Judge, the Veterans and Servicemembers Court program may be operated in one or more counties in the Circuit, and allow veteran and servicemember defendants from all counties within the Circuit to participate.

(b) Whenever the county boards of 2 or more counties within the same judicial circuit determine that a single veteran and servicemembers court program would best serve those counties, the county board of each such county may adopt a resolution to the effect that there shall be a single veteran and servicemembers court program serving those counties, and shall provide a copy of the resolution to the Chief Judge of the judicial circuit. Upon receipt of those resolutions, the Chief Judge may establish or, in the case of an existing veteran and servicemembers court program, reorganize a single program to serve those counties.

(Source: P.A. 102-1041, eff. 6-2-22.)

(730 ILCS 167/20)

Sec. 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 consent of the defendant and with the approval of the court. A defendant agrees to be admitted when a written consent to participate is provided to the court in open court and the defendant acknowledges understanding of its contents.

(a-5) Each veterans and servicemembers court shall have a target population defined in its written policies and procedures. The policies and procedures shall define that court's eligibility and exclusionary criteria.

(b) A defendant shall be excluded from a 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 paragraph (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 5 years excluding incarceration time, parole, and periods of mandatory supervised release. As used in this paragraph, "crime of violence" means: 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, aggravated domestic battery resulting in great bodily harm or permanent disability, aggravated criminal sexual abuse by a person in a position of trust or authority over a child, stalking, aggravated stalking, home invasion, aggravated vehicular hijacking, or any offense involving the discharge of a firearm.

(4) The defendant is charged with a violation of subparagraph (F) of paragraph (1) of subsection (d) of Section 11-501 of the Illinois Vehicle Code in which an individual is charged with aggravated driving under the influence that resulted in the death of another person or when the violation was a proximate cause of the death, unless, pursuant to subparagraph (G) of paragraph (1) of subsection (d) of Section 11-501 of the Illinois Vehicle Code, the court determines that extraordinary circumstances exist and require probation.

(5) (Blank).

(6) (Blank).

(c) Notwithstanding subsection (a), the defendant may be admitted into a veterans and servicemembers court program only upon the agreement of the prosecutor if the defendant is charged with a Class 2 or greater felony violation of:

(1) Section 401, 401.1, 405, or 405.2 of the Illinois Controlled Substances Act;

(2) Section 5, 5.1, or 5.2 of the Cannabis Control Act; or

(3) Section 15, 20, 25, 30, 35, 40, 45, 50, 55, 56, or 65 of the Methamphetamine Control and Community Protection Act.

(Source: P.A. 102-1041, eff. 6-2-22; 103-154, eff. 6-30-23.)

(730 ILCS 167/25)

Sec. 25. Procedure.

(a) A screening and clinical needs assessment and risk assessment of the defendant shall be performed as required by the court's policies and procedures prior to the defendant's admission into a veteran and servicemembers court. The assessment shall be conducted through the VA, VAC, and/or the IDVA to provide information on the defendant's veteran or servicemember status.

Any risk assessment shall be performed using an assessment tool approved by the Administrative Office of the Illinois Courts and as required by the court's policies and procedures.

(b) A mental health and substance use disorder screening and assessment of the defendant shall be performed by the VA, VAC, or by the IDVA, or as otherwise outlined and as required by the court's policies and procedures. The assessment shall include, but is not limited to, assessments of substance use and mental and behavioral health needs. The clinical needs assessment shall be administered by a qualified professional of the VA, VAC, or IDVA, or individuals who meet the Department of Human Services substance use prevention and recovery rules for professional staff under 77 Ill. Adm. Code 2060, or an equivalent standard in any other state where treatment may take place, and used to inform any clinical treatment plans. Clinical treatment plans shall be developed, in accordance with the Problem-Solving Court Standards and be based, in part, upon the known availability of treatment resources available to the veterans and servicemembers court. An assessment need not be ordered if the court finds a valid screening 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 the defendant's 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 participant to complete mental health counseling or substance use disorder treatment in an outpatient or residential treatment program and may order the participant to comply with physicians' recommendations regarding medications and all follow-up treatment for any mental health diagnosis made by the provider. Substance use disorder treatment programs must be licensed by the Department of Human Services in accordance with the Department of Human Services substance use prevention and recovery rules, or an equivalent standard in any other state where the treatment may take place, and use evidence-based treatment. When referring participants to mental health treatment programs, the court shall prioritize providers certified as community mental health or behavioral health centers if possible. The court shall consider the least restrictive treatment option when ordering mental health or substance use disorder treatment for participants and the results of clinical and risk assessments in accordance with the Problem-Solving Court Standards.

(e-5) The veterans and servicemembers court shall include a regimen of graduated requirements, including individual and group therapy, substance analysis testing, close monitoring by the court, supervision of progress, restitution, educational or vocational counseling as appropriate, and other requirements necessary to fulfill the veterans and servicemembers court program. Program phases, therapeutic adjustments, incentives, and sanctions, including the use of jail sanctions, shall be administered in accordance with evidence-based practices and the Problem-Solving Court Standards. If the participant needs treatment for an opioid use disorder or dependence, the court may not prohibit the participant from receiving medication-assisted treatment under the care of a physician licensed in this State to practice medicine in all of its branches. Veterans and servicemembers court participants may not be required to refrain from using medication-assisted treatment as a term or condition of successful completion of the veteran and servicemembers court program.

(e-10) Recognizing that individuals struggling with mental health, substance use, and related co-occurring disorders have often experienced trauma, veterans and servicemembers court programs may include specialized service programs specifically designed to address trauma. These specialized services may be offered to individuals admitted to the veterans and servicemembers court program. Judicial circuits establishing these specialized programs shall partner with advocates, survivors, and service providers in the development of the programs. Trauma-informed services and programming shall be operated in accordance with evidence-based best practices as outlined by the Substance Abuse and Mental Health Service Administration's National Center for Trauma-Informed Care (SAMHSA).

(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. 102-1041, eff. 6-2-22.)

(730 ILCS 167/30)

Sec. 30. Mental health and substance use disorder treatment.

(a) The veterans and servicemembers court program may maintain a network of substance use disorder treatment programs representing a continuum of graduated substance use disorder treatment options commensurate with the needs of participants; these shall include programs with the VA, IDVA, a VAC, the State, and community-based programs supported and sanctioned by either or both.

(b) Any substance use disorder treatment program to which participants are referred must hold a valid license from the Department of Human Services Division of Substance Use Prevention and Recovery, use evidence-based treatment, and deliver all services in accordance with 77 Ill. Adm. code 2060, including services available through the VA, IDVA or VAC, or an equivalent standard in any other state where treatment may take place.

(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 use disorders court program, a network of substance use disorder treatment programs representing a continuum of treatment options commensurate with the needs of the participant and available resources including programs with the VA, the IDVA, a VAC, and the State of Illinois. When not using mental health treatment or services available through the VA, IDVA, or VAC, partnerships with providers certified as community mental health or behavioral health centers shall be prioritized, as possible.

(Source: P.A. 102-1041, eff. 6-2-22.)

(730 ILCS 167/35)

Sec. 35. Violation; termination; dismissal from the program.

(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 participant is not complying with the requirements of the treatment program; or (2) the participant has otherwise violated the terms and conditions of the program, the court may impose reasonable sanctions under the prior written agreement of the participant, including, but not limited to, imprisonment or dismissal of the participant from the program and the court may reinstate criminal proceedings against the participant or proceed under Section 5-6-4 of the Unified Code of Corrections for a violation of probation, conditional discharge, or supervision hearing.

(a-5) Based on the evidence presented, the court shall determine whether the participant has violated the conditions of the program and whether the participant should be dismissed from the program or whether, pursuant to the court's policies and procedures, some other alternative may be appropriate in the interests of the participant and the public.

(a-10) A participant who is assigned to a substance use disorder treatment program under this Act for an opioid use disorder is not in violation of the terms or conditions of the program on the basis of participation in medication-assisted treatment under the care of a physician licensed in this State to practice medicine in all of its branches.

(a-15) A participant may voluntarily withdraw from the veterans and servicemembers court program in accordance with the program's policies and procedures. Prior to allowing the participant to withdraw, the judge shall:

(1) ensure that the participant has the right to consult with counsel prior to withdrawal;

(2) determine in open court that the withdrawal is made voluntarily and knowingly; and

(3) admonish the participant in open court as to the consequences, actual or potential, which can result from withdrawal.

Upon withdrawal, the criminal proceedings may be reinstated against the participant or proceedings may be initiated under Section 5-6-4 of the Unified Code of Corrections for a violation of probation, conditional discharge, or supervision hearing.

(a-20) A participant who has not violated the conditions of the program in such a way as to warrant unsuccessful dismissal, but who is unable to complete program requirements to qualify for a successful discharge, may be terminated from the program as a neutral discharge.

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

(c) Upon successful completion of the terms and conditions of the program, any State's Attorney in the county of conviction, a participant, or defense attorney may move to vacate any convictions that are eligible for sealing under the Criminal Identification Act. A participant may file a petition to expunge the associated records pursuant to the Criminal Identification Act, including filing a petition in advance of anticipated vacatur and dismissal. If the State's Attorney moves to vacate a conviction, the State's Attorney may not object to expungement of that conviction or the underlying record.

(d) Veterans and servicemembers court programs may maintain or collaborate with a network of legal aid organizations that specialize in conviction relief to support participants navigating the expungement and sealing process.

(Source: P.A. 102-1041, eff. 6-2-22; 103-755, eff. 8-2-24.)

(730 ILCS 167/40)

Sec. 40. Education for judges. A judge assigned to preside over a veteran and servicemembers court shall have experience, training, and continuing education in topics including, but not limited to:

(1) criminal law;

(2) behavioral health;

(3) confidently;

(4) ethics;

(5) evidence-based practices;

(6) substance use disorders;

(7) mental illness;

(8) co-occurring disorders; and

(9) presiding over various types of problem-solving courts.

(Source: P.A. 102-1041, eff. 6-2-22.)

(730 ILCS 167/45)

Sec. 45. Education seminars for veterans and servicemembers court prosecutors. Subject to appropriation, the Office of the State's Attorneys Appellate Prosecutor shall conduct mandatory education seminars for all prosecutors serving in veterans and servicemembers courts throughout the State to ensure that the problem-solving court maintains fidelity to the problem-solving court model. Topics include, but are not limited to, evidence-based screening, assessment and treatment practices, target population, substance use disorders, mental illness, disability, co-occurring disorders, trauma, confidentiality, criminogenic risks and needs, incentives and sanctions, court processes, limited English proficiency, military culture and language, and team dynamics.

(Source: P.A. 102-1041, eff. 6-2-22.)

(730 ILCS 167/50)

Sec. 50. Education seminars for veteran and servicemembers court public defenders. Subject to appropriation, the Office of the State Appellate Defender shall conduct mandatory education seminars for all public defenders and assistant public defenders practicing in veterans and servicemembers courts throughout the State to ensure that the problem-solving court maintains fidelity to the problem-solving court model. Topics include, but are not limited to, evidence-based screening, assessment and training practices, target population, substance use disorders, mental illness, disability, co-occurring disorders, trauma, confidentiality, criminogenic risks and needs, incentives and sanctions, court processes, limited English proficiency, military culture and language, and team dynamics.

(Source: P.A. 102-1041, eff. 6-2-22.)

(730 ILCS 167/90)

Sec. 90. (Amendatory provisions; text omitted).

(Source: P.A. 96-924, eff. 6-14-10; text omitted.)

(730 ILCS 167/99)

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

(Source: P.A. 96-924, eff. 6-14-10.)