Bill Text: IL HB3850 | 2021-2022 | 102nd General Assembly | Engrossed

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Bill Title: Provides that the Act may be referred to as the Knight-Silas Legacy Act. Amends the Criminal Code of 2012. Provides that a person commits a Class 1 felony offense of aggravated battery when the person is over the age of 21 and, in committing a battery, other than by the discharge of a firearm, he or she knowingly causes great bodily harm or permanent disability or disfigurement to an individual whom the person knows to be a Department of Children and Family Services employee. Provides that a person commits a Class 2 felony offense of aggravated battery when the person is over the age of 21 and, in committing a battery, other than by discharge of a firearm, he or she knows the individual battered to be a Department of Children and Family Services employee. Provides that "Department of Children and Family Services employee" includes any Department case worker or investigator employed by an agency or organization providing social work, case work, or investigative services under a contract with or a grant from the Department of Children and Family Services.

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2022-05-09 - Rule 19(b) / Re-referred to Rules Committee [HB3850 Detail]

Download: Illinois-2021-HB3850-Engrossed.html

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AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Drug Court Treatment Act is amended by
changing Sections 5, 10, 25, 30, and 35 as follows:
(730 ILCS 166/5)
Sec. 5. Purposes. The General Assembly recognizes that
individuals struggling with drug and alcohol dependency or
addiction and substance abuse problems may come into contact
with the criminal justice system and be charged with felony or
misdemeanor offenses. The General Assembly also recognizes
that substance abuse issues and mental illness co-occur in a
substantial percentage of criminal defendants 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
the criminal justice system to recognize individuals
struggling with these issues, provide alternatives to
incarceration to address incidences a criminal justice system
program that will reduce the incidence of drug use, drug
addiction, and provide appropriate access to treatment and
support to persons with substance abuse issues crimes
committed as a result of drug use and drug addiction. It is the
intent of the General Assembly to create specialized drug

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courts, in accordance with national best practices, for
addressing addiction and co-occurring disorders with the
necessary flexibility to meet the needs for an array of
services and supports among participants in drug court
programs 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 member of the drug court
team, including but not limited to a judge, prosecutor,
defense attorney, probation officer, coordinator, licensed
treatment provider, or peer recovery coach.
"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

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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.
"Clinical Treatment Plan" means an evidence-based,
comprehensive, and individualized plan that defines the scope
of treatment services to be delivered by a PSC treatment
provider.
"Peer recovery coach" means a mentor assigned to a
defendant during participation in a drug treatment court
program who has been trained and certified by the court to
guide and mentor the participant to successfully complete the
assigned requirements. Peer recovery coaches should be
individuals with lived experience and work to help facilitate
participants' independence for continued success once the
supports of the court are no longer available to them.
(Source: P.A. 97-946, eff. 8-13-12.)
(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. The assessment shall include a validated
clinical assessment. The clinical assessment shall include,

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but not be limited to, assessments of substance use, mental
and behavioral health needs. The clinical assessment shall be
administered by a qualified clinician and used to inform any
Clinical Treatment Plans. Clinical Treatment Plans shall be
developed, in part, upon the known availability of treatment
resources available. 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.
Substance abuse treatment programs must be licensed by the

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State of Illinois as a Substance Use Prevention and Recovery
(SUPR) provider. The court may also order the defendant to
complete mental health counseling in an inpatient or
outpatient basis, in accordance with a physician's
recommendation and comply with physicians' recommendations
regarding medications and all follow up treatment. This
treatment may be for conditions including but not limited to
trauma, port-traumatic stress disorder, traumatic brain injury
and depression. 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. If
the defendant needs treatment for opioid abuse or dependence,
the court may not prohibit the defendant from participating in
and receiving medication assisted treatment under the care of
a physician licensed in this State to practice medicine in all
of its branches. Drug court participants may not be required
to refrain from using medication assisted treatment as a term

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or condition of successful completion of the drug court
program.
(f) Recognizing that individuals struggling with mental
health, addiction, and related co-occurring disorders have
often experienced trauma, drug court programs may include
specialized service programs specifically designed to address
trauma. These specialized services may be offered to
defendants admitted to the drug 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 should be operated in accordance with best
practices outlined by the Substance Abuse and Mental Health
Service Administration's National Center for Trauma Informed
Care (SAMHSA).
(g) 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 mentors and local
mental health and substance abuse treatment organizations,
recovery coaches shall be trained and licensed by the court
prior to being assigned to participants in the program.
(Source: P.A. 99-554, eff. 1-1-17.)
(730 ILCS 166/30)
Sec. 30. Mental health and substance Substance abuse

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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; these shall include programs with the
State of Illinois and community-based programs supported,
sanctioned, and licensed as SUPR providers by the State of
Illinois.
(b) Any substance abuse treatment program to which
defendants are referred must be licensed by the State of
Illinois as SUPR providers, 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.
(d) The Drug Court program may maintain or collaborate
with a network of mental health treatment programs
representing a continuum of treatment options commensurate
with the needs of the defendant and available resources
including programs with the State of Illinois and
community-based programs supported and sanctioned by the State
of Illinois.
(Source: P.A. 92-58, eff. 1-1-02.)
(730 ILCS 166/35)

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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 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.
(a-5) A defendant who is assigned to a substance abuse
treatment program under this Act for opioid abuse or
dependence is not in violation of the terms or conditions of
the program on the basis of his or her participation in
medication assisted treatment under the care of a physician
licensed in this State to practice medicine in all of its

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branches.
(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.
(c) Upon successful completion of the terms and conditions
of the program, any State's Attorney may move to vacate any
convictions eligible for sealing under the Criminal
Identification Act. Defendants may immediately file petitions
to expunge vacated convictions and the associated underlying
records per the Criminal Identification Act. In cases where
the State's Attorney moves to vacate a conviction, they may
not object to expungement of that conviction or the underlying
record.
(d) The drug court program 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. 99-554, eff. 1-1-17.)
Section 10. The Veterans and Servicemembers Court
Treatment Act is amended by changing Section 10, 20, 25, and 35
and by adding Sections 40, 45, and 50 as follows:

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(730 ILCS 167/10)
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.
"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. Peer recovery
coaches shall work to help 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 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.

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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.
"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.
"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.
"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.
"Clinical Treatment Plan" means an evidence-based,
comprehensive, and individualized plan that defines the scope
of treatment services to be delivered by a PSC treatment

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provider.
(Source: P.A. 99-314, eff. 8-7-15; 99-819, eff. 8-15-16.)
(730 ILCS 167/20)
Sec. 20. Eligibility. Veterans and Servicemembers are
eligible for Veterans and Servicemembers Courts, provided the
following:
(a) A defendant, who is eligible for probation based on
the nature of the crime convicted of and in consideration of
his or her criminal background, if any, may be admitted into a
Veterans and Servicemembers Court program before adjudication
only upon the agreement of the defendant and with the approval
of the Court. A defendant may be admitted into a Veterans and
Servicemembers Court program post-adjudication only 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 first degree murder, second degree murder,
predatory criminal sexual assault of a child, aggravated

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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.
(4) (Blank).
(5) The crime for which the defendant has been
convicted is non-probationable.
(6) The sentence imposed on the defendant, whether the
result of a plea or a finding of guilt, renders the
defendant ineligible for probation.
(c) Recognizing that individuals struggling with mental
health, addiction, 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 defendants admitted to the mental health 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 should be operated in accordance with
best practices outlined by the Substance Abuse and Mental
Health Service Administration's National Center for Trauma
Informed Care (SAMHSA).
(Source: P.A. 99-480, eff. 9-9-15; 100-426, eff. 1-1-18.)

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(730 ILCS 167/25)
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.
(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 validated clinical assessment.
The clinical assessment shall include, but not be limited to,
assessments of substance use, mental and behavioral health
needs. The clinical assessment shall be administered by a
qualified clinician and used to inform any Clinical Treatment
Plans. Clinical Treatment Plans shall be developed, 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

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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.
(f) The Court may establish a mentorship program that
provides access and support to program participants by peer

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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; 99-819, eff. 8-15-16.)
(730 ILCS 167/35)
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 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

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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.
(c) Upon successful completion of the terms and conditions
of the program, any State's Attorney may move to vacate any
convictions eligible for sealing under the Criminal
Identification Act. Defendants may immediately file petitions
to expunge vacated convictions and the associated underlying
records per the Criminal Identification Act. In cases where
the State's Attorney moves to vacate a conviction, they 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. 96-924, eff. 6-14-10.)
(730 ILCS 167/40 new)
Sec. 40. Education seminars for judges. The Administrative
Office of the Illinois Courts shall conduct education seminars

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for judges throughout the State on how to operate Veterans and
Servicemembers Court Programs.
(730 ILCS 167/45 new)
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 on the subjects of
substance abuse, addiction, and mental health for all Veterans
and Servicemembers Court prosecutors throughout the State.
(730 ILCS 167/50 new)
Sec. 50. Education seminars for public defenders. Subject
to appropriation, the Office of the State Appellate Defender
shall conduct mandatory education seminars on the subjects of
substance abuse, addiction, and mental health for all public
defenders and assistant public defenders practicing in
Veterans and Servicemembers Courts throughout the State.
Section 15. The Mental Health Court Treatment Act is
amended by changing Sections 10, 20, 25, and 35 and by adding
Sections 45 and 50 as follows:
(730 ILCS 168/10)
Sec. 10. Definitions. As used in this Act:
"Mental health court", "mental health court program", or

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"program" means a structured judicial intervention process for
mental health treatment of eligible defendants that brings
together mental health professionals, local social programs,
and intensive judicial monitoring.
"Mental health court professional" means a member of the
mental health court team, including but not limited to a
judge, prosecutor, defense attorney, probation officer,
coordinator, treatment provider, or peer recovery coach.
"Pre-adjudicatory mental health 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 mental health court program as
part of the agreement.
"Post-adjudicatory mental health 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 mental health court program as part of the defendant's
sentence.
"Combination mental health court program" means a mental
health court program that includes a pre-adjudicatory mental
health court program and a post-adjudicatory mental health
court program.
"Co-occurring mental health and substance abuse court
program" means a program that includes persons with
co-occurring mental illness and substance abuse problems. Such

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programs shall include professionals with training and
experience in treating persons with substance abuse problems
and mental illness.
"Clinical Treatment Plan" means an evidence-based,
comprehensive, and individualized plan that defines the scope
of treatment services to be delivered by a PSC treatment
provider.
"Peer recovery coach" means a mentor assigned to a
defendant during participation in a drug treatment court
program who has been trained and certified by the court to
guide and mentor the participant to successfully complete the
assigned requirements. Peer recovery coaches should be
individuals with lived experience and work to help facilitate
participants' independence for continued success once the
supports of the court are no longer available to them.
(Source: P.A. 97-946, eff. 8-13-12.)
(730 ILCS 168/20)
Sec. 20. Eligibility.
(a) A defendant, who is eligible for probation based on
the nature of the crime convicted of and in consideration of
his or her criminal background, if any, may be admitted into a
mental health court program only upon the agreement of the
defendant and with the approval of the court.
(b) A defendant shall be excluded from a mental health
court program if any one of the following applies:

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(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. As used in this paragraph (3), "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,
kidnapping, aggravated battery resulting in great bodily
harm or permanent disability, stalking, aggravated
stalking, or any offense involving the discharge of a
firearm.
(4) (Blank).
(5) The crime for which the defendant has been
convicted is non-probationable.
(6) The sentence imposed on the defendant, whether the
result of a plea or a finding of guilt, renders the
defendant ineligible for probation.
(c) Recognizing that individuals struggling with mental
health, addiction, and related co-occurring disorders have
often experienced trauma, mental A defendant charged with
prostitution under Section 11-14 of the Criminal Code of 2012
may be admitted into a mental health court program, if

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available in the jurisdiction and provided that the
requirements in subsections (a) and (b) are satisfied. Mental
health court programs may include specialized service programs
specifically designed to address the trauma. These specialized
services may be offered to defendants admitted to the mental
health court program. Judicial circuits establishing these
specialized programs shall partner with prostitution and human
trafficking advocates, survivors, and service providers in the
development of the programs. Trauma-informed services and
programming should be operated in accordance with best
practices outlined by the Substance Abuse and Mental Health
Service Administration's National Center for Trauma Informed
Care (SAMHSA). associated with prostitution and human
trafficking, and may offer those specialized services to
defendants admitted to the mental health court program.
Judicial circuits establishing these specialized programs
shall partner with prostitution and human trafficking
advocates, survivors, and service providers in the development
of the programs.
(Source: P.A. 100-426, eff. 1-1-18.)
(730 ILCS 168/25)
Sec. 25. Procedure.
(a) The court shall require an eligibility screening and
an assessment of the defendant. The assessment shall include a
validated clinical assessment. The clinical assessment shall

HB3850 Engrossed - 23 - LRB102 16552 KMF 21948 b
include, but not be limited to, assessments of substance use,
mental and behavioral health needs. The clinical assessment
shall be administered by a qualified clinician and used to
inform any Clinical Treatment Plans. Clinical Treatment Plans
shall be developed, in part, upon the known availability of
treatment resources available. 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 requirements of the mental health
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
mental health or substance abuse treatment in an outpatient,
inpatient, residential, or jail-based custodial treatment
program. Any period of time a defendant shall serve in a

HB3850 Engrossed - 24 - LRB102 16552 KMF 21948 b
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.
(d-5) 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.
Substance abuse treatment programs must be licensed by the
State of Illinois as a Substance Use Prevention and Recovery
(SUPR) provider. The court may also order the defendant to
complete mental health counseling in an inpatient or
outpatient basis, in accordance with a physician's
recommendation, comply with physicians' recommendations
regarding medications and all follow up treatment. This
treatment may include but is not limited to trauma,
post-traumatic stress disorder, traumatic brain injury, and
depression. 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 mental health court program may 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,
medication, drug analysis testing, close monitoring by the

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court and supervision of progress, educational or vocational
counseling as appropriate and other requirements necessary to
fulfill the mental health court program.
(f) The Mental Health 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 State of Illinois.
(g) 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 mentors and local
mental health and SUPR licensed substance abuse treatment
organizations. Recovery coaches shall be trained and licensed
by the Court prior to being assigned to participants in the
program.
(Source: P.A. 95-606, eff. 6-1-08.)
(730 ILCS 168/35)
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 mental health court professionals that:
(1) the defendant is not performing satisfactorily in

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the assigned program;
(2) the defendant is not benefiting 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. No defendant may be
dismissed from the program unless, prior to such dismissal,
the defendant is informed in writing: (i) of the reason or
reasons for the dismissal; (ii) the evidentiary basis
supporting the reason or reasons for the dismissal; (iii) that
the defendant has a right to a hearing at which he or she may
present evidence supporting his or her continuation in the
program. Based upon the evidence presented, the court shall
determine whether the defendant has violated the conditions of
the program and whether the defendant should be dismissed from
the program or whether some other alternative may be
appropriate in the interests of the defendant and the public.

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(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
the program or from any further proceedings against him or her
in the original prosecution.
(c) Upon successful completion of the terms and conditions
of the program, any State's Attorney may move to vacate any
convictions eligible for sealing under the Criminal
Identification Act. Defendants may immediately file petitions
to expunge vacated convictions and the associated underlying
records per the Criminal Identification Act. In cases where
the State's Attorney moves to vacate a conviction, they may
not object to expungement of that conviction or the underlying
record.
(d) The mental health court program 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. 95-606, eff. 6-1-08.)
(730 ILCS 168/45 new)
Sec. 45. Education seminars for judges. The Administrative
Office of the Illinois Courts shall conduct education seminars
for judges throughout the State on how to operate Mental
Health Court programs.

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(730 ILCS 168/50 new)
Sec. 50. Education seminars for public defenders. Subject
to appropriation, the Office of the State Appellate Defender
shall conduct mandatory education seminars on the subjects of
substance abuse, addiction, and mental health for all public
defenders and assistant public defenders practicing in Mental
Health courts throughout the State.