2005 Illinois Code - Chapter 730 Corrections 730 ILCS 166/ Drug Court Treatment Act.
(730 ILCS 166/1)
Sec. 1.
Short title.
This Act may be cited as the Drug Court Treatment Act.
(Source: P.A. 92‑58, eff. 1‑1‑02.)
|
(730 ILCS 166/5)
Sec. 5.
Purposes.
The General Assembly recognizes that the use and
abuse of drugs has a dramatic effect on the criminal justice system in the
State
of Illinois. There is a critical need for a criminal justice system program
that
will reduce the incidence of drug use, drug addiction, and crimes committed as
a
result of drug use and drug addiction. It is the intent of the General Assembly
to create specialized drug courts with the necessary flexibility to meet the
drug problems in the State of Illinois.
(Source: P.A. 92‑58, eff. 1‑1‑02.)
|
(730 ILCS 166/10)
Sec. 10.
Definitions.
As used in this Act:
"Drug court", "drug court program", or "program" means an immediate and
highly
structured judicial intervention process for substance abuse treatment of
eligible defendants that brings together substance abuse professionals, local
social programs, and intensive judicial monitoring in accordance with the
nationally recommended 10 key components of drug courts.
"Drug court professional" means a judge, prosecutor, defense attorney,
probation officer, or treatment provider involved with the drug court
program.
"Pre‑adjudicatory drug 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 drug court program as part of the agreement.
"Post‑adjudicatory drug 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
drug
court program as part of the defendant's sentence.
"Combination drug court program" means a drug court program that includes a
pre‑adjudicatory drug court program and a post‑adjudicatory drug court program.
(Source: P.A. 92‑58, eff. 1‑1‑02.)
|
(730 ILCS 166/15)
Sec. 15.
Authorization.
The Chief Judge of each judicial circuit may
establish a
drug
court program including the format under which it operates under
this Act.
(Source: P.A. 92‑58, eff. 1‑1‑02.)
|
(730 ILCS 166/20)
Sec. 20.
Eligibility.
(a) A defendant may be admitted into a drug 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 a drug court program if any of one of
the following apply:
(1) The crime is a crime of violence as set forth in |
|
clause (4) of this subsection (b).
|
|
(2) The defendant denies his or her use of or
|
|
|
(3) The defendant does not demonstrate a willingness
|
|
to participate in a treatment program.
|
|
(4) 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 kidnaping, kidnaping, aggravated battery resulting in great bodily harm or permanent disability, stalking, aggravated stalking, or any offense involving the discharge of a firearm.
|
|
(5) The defendant has previously completed or has
|
|
been discharged from a drug court program.
|
|
(Source: P.A. 92‑58, eff. 1‑1‑02.)
|
(730 ILCS 166/25)
Sec. 25.
Procedure.
(a) The court shall order an eligibility screening and an assessment of the
defendant by an agent designated by the State of Illinois to provide assessment
services for the Illinois Courts. An assessment need not be ordered if the
court finds a valid assessment related to the present charge pending against
the defendant has been completed within the previous 60 days.
(b) The judge shall inform the defendant that if the defendant fails to
meet the conditions of the drug 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.
(c) The defendant shall execute a written agreement 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.
(d) 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. Any period of time a
defendant shall serve in a jail‑based treatment program may not be reduced by
the accumulation of good time or other credits and may be for a period of up to
120 days.
(e) The drug court program shall include a regimen of graduated
requirements and rewards and sanctions, including but not limited to: fines,
fees, costs, restitution, incarceration of up to 180 days, individual and group
therapy, drug
analysis testing, close monitoring by the court at a minimum of once every 30
days
and supervision of progress, educational or vocational counseling as
appropriate, and other
requirements necessary to fulfill the drug court program.
(Source: P.A. 92‑58, eff. 1‑1‑02.)
|
(730 ILCS 166/30)
Sec. 30.
Substance abuse treatment.
(a) The drug court program shall maintain a network of substance abuse
treatment programs representing a continuum of graduated substance abuse
treatment options commensurate with the needs of defendants.
(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 drug court program may, at its discretion, employ additional
services or
interventions, as it deems necessary on a case by case basis.
(Source: P.A. 92‑58, eff. 1‑1‑02.)
|
(730 ILCS 166/35)
Sec. 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 drug court professionals that:
(1) the defendant is not performing satisfactorily |
|
|
(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.
(Source: P.A. 92‑58, eff. 1‑1‑02.)
|
(730 ILCS 166/40)
Sec. 40. Education seminars for judges. The Administrative Office of the Illinois Courts shall conduct education seminars for judges throughout the State on how to operate drug court programs with a specific emphasis on cases involving the illegal possession of methamphetamine.
(Source: P.A. 94‑552, eff. 8‑12‑05.)
Disclaimer: These codes may not be the most recent version. Illinois may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
