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| [ Engrossed ] | [ Enrolled ] | [ Senate Amendment 001 ] |
92_SB0138
LRB9203748RCcd
1 AN ACT concerning drug treatment.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 1. Short title. This Act may be cited as the
5 Drug Court Treatment Act.
6 Section 5. Purposes. The General Assembly recognizes that
7 the use and abuse of drugs has a dramatic effect on the
8 criminal justice system in the State of Illinois. There is a
9 critical need for a criminal justice system program that will
10 reduce the incidence of drug use, drug addiction, and crimes
11 committed as a result of drug use and drug addiction. It is
12 the intent of the General Assembly to create specialized drug
13 courts with the necessary flexibility to meet the drug
14 problems in the State of Illinois.
15 Section 10. Definitions. As used in this Act:
16 "Drug court", "drug court program", or "program" means an
17 immediate and highly structured judicial intervention process
18 for substance abuse treatment of eligible defendants that
19 brings together substance abuse professionals, local social
20 programs, and intensive judicial monitoring in accordance
21 with the nationally recommended 10 key components of drug
22 courts.
23 "Pre-adjudicatory drug court program" means a program
24 that allows the defendant, with the consent of the
25 prosecution, to expedite the defendant's criminal case before
26 conviction or before filing of a criminal case and requires
27 successful completion of the drug court program as part of
28 the agreement.
29 "Post-adjudicatory drug court program" means a program in
30 which the defendant has admitted guilt or has been found
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1 guilty and agrees, along with the prosecution, to enter a
2 drug court program as part of the defendant's sentence.
3 "Combination drug court program" means a drug court
4 program that includes a pre-adjudicatory drug court program
5 and a post-adjudicatory drug court program.
6 Section 15. Authorization. The Chief Judge of each
7 judicial circuit may establish a drug court program including
8 the format under which it operates under this Act.
9 Section 20. Eligibility.
10 (a) A defendant may be admitted into a drug court
11 program only upon the agreement of the prosecutor and the
12 defendant and with the approval of the court.
13 (b) A defendant shall be excluded from a drug court
14 program if any of one of the following apply:
15 (1) The crime is a crime of violence as set forth in
16 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
20 willingness to participate in a treatment program.
21 (4) The defendant has been convicted of a crime of
22 violence within the past 10 years excluding incarceration
23 time, including but not limited to: first degree murder,
24 second degree murder, predatory criminal sexual assault
25 of a child, aggravated criminal sexual assault, criminal
26 sexual assault, armed robbery, aggravated arson, arson,
27 aggravated kidnaping, kidnaping, aggravated battery
28 resulting in great bodily harm or permanent disability,
29 stalking, aggravated stalking, or any offense involving
30 the discharge of a firearm.
31 Section 25. Procedure.
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1 (a) Upon agreement of the Chief Judge and the prosecutor
2 that the defendant is addicted to or of using drugs including
3 alcohol, the court shall order an assessment of the defendant
4 by an agent designated by the State to provide assessment
5 services for the Illinois Courts.
6 (b) The judge shall inform the defendant that if the
7 defendant fails to meet the conditions of the drug court
8 program, eligibility to participate in the program may be
9 revoked and the defendant may be sentenced as provided in the
10 Unified Code of Corrections for the crime charged.
11 (c) The defendant shall execute a written agreement as
12 to his or her participation in the program and shall agree to
13 all of the terms and conditions of the program, including but
14 not limited to the possibility of sanctions or incarceration
15 for failing to abide or comply with the terms of the program.
16 (d) In addition to any conditions authorized under the
17 Pretrial Services Act and Section 5-6-3 of the Unified Code
18 of Corrections, the court may order the defendant to complete
19 substance abuse treatment in an outpatient, inpatient,
20 residential, or jail-based custodial treatment program. Any
21 period of time a defendant shall serve in a jail-based
22 treatment program may not be reduced by the accumulation of
23 good time or other credits and may be for a period of up to
24 120 days.
25 (e) The drug court program shall include a regimen of
26 graduated requirements and rewards and sanctions, including
27 but not limited to: fines, fees, costs, restitution,
28 incarceration, individual and group therapy, drug analysis
29 testing, close monitoring for a minimum of 30 days and
30 supervision of progress, educational or vocational counseling
31 as appropriate, and other requirements necessary to fulfill
32 the drug court program.
33 Section 30. Substance abuse treatment.
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1 (a) The drug court program shall maintain a network of
2 substance abuse treatment programs representing a continuum
3 of graduated substance abuse treatment options commensurate
4 with the needs of defendants.
5 (b) Any substance abuse treatment program to which
6 defendants are referred must meet all of the rules and
7 governing programs in Parts 2030 and 2060 of Title 77 of the
8 Illinois Administrative Code.
9 (c) The drug court program may, at its discretion,
10 employ additional services or interventions, as it deems
11 necessary on a case by case basis.
12 Section 35. Violation; termination; discharge.
13 (a) If the court finds that:
14 (1) the defendant is not performing satisfactorily
15 in the assigned program;
16 (2) the defendant is not benefitting from
17 education, treatment, or rehabilitation;
18 (3) the defendant has engaged in criminal conduct
19 rendering him or her unsuitable for the program; or
20 (4) the defendant has otherwise violated the terms
21 and conditions of the program or his or her sentence or
22 is for any reason unable to participate;
23 the court may impose reasonable sanctions under prior written
24 agreement of the defendant, including but not limited to
25 imprisonment or dismissal of the defendant from the program
26 and the court may reinstate criminal proceedings against him
27 or her or proceed under Section 5-6-4 of the Unified Code of
28 Corrections for a violation of probation, conditional
29 discharge, or supervision hearing.
30 (b) Upon successful completion of the terms and
31 conditions of the program, the court may dismiss the original
32 charges against the defendant or successfully terminate the
33 defendant's sentence or otherwise discharge him or her from
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1 any further proceedings against him or her in the original
2 prosecution.