Juvenile Drug Court Treatment Act.

1. Law
2. Illinois Compiled Statutes
3. COURTS
4. Juvenile Drug Court Treatment Act.

(705 ILCS 410/1)

Sec. 1. Short title. This Act may be cited as the Juvenile Drug Court Treatment Act.

(Source: P.A. 92-559, eff. 1-1-03.)

 

(705 ILCS 410/5)

Sec. 5. Purposes. The General Assembly recognizes that the use and abuse of drugs has a dramatic effect on the juvenile justice system in the State of Illinois. There is a critical need for a juvenile 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. 92-559, eff. 1-1-03.)

 

(705 ILCS 410/10)

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 minors 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 minor, with the consent of the prosecution, to expedite the minor's delinquency 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 minor has admitted guilt or has been found guilty and agrees, along with the prosecution, to enter a drug court program as part of the minor's disposition.

"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. 92-559, eff. 1-1-03.)

 

(705 ILCS 410/15)

Sec. 15. Authorization. The Chief Judge of each judicial circuit may establish a drug court program for minors including the format under which it operates under this Act.

(Source: P.A. 92-559, eff. 1-1-03.)

 

(705 ILCS 410/20)

Sec. 20. Eligibility.

(a) A minor may be admitted into a drug court program only upon the agreement of the prosecutor and the minor and with the approval of the court.

(b) A minor 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 minor denies his or her use of or addiction to drugs.
• (3) The minor does not demonstrate a willingness to participate in a treatment program.
• (4) The minor has been adjudicated delinquent for 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, 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.

(Source: P.A. 92-559, eff. 1-1-03.)

 

(705 ILCS 410/25)

Sec. 25. Procedure.

(a) The court shall order an eligibility screening and an assessment of the minor 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 minor has been completed within the previous 60 days.

(b) The judge shall inform the minor that if the minor fails to meet the conditions of the drug court program, eligibility to participate in the program may be revoked and the minor may be sentenced or the prosecution continued as provided in the Juvenile Court Act of 1987 for the crime charged.

(c) The minor 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 Sections 5-505, 5-710, and 5-715, the court may order the minor to complete substance abuse treatment in an outpatient, inpatient, residential, or detention-based custodial treatment program. Any period of time a minor shall serve in a detention-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, costs, restitution, public service employment, incarceration of up to 120 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. 92-559, eff. 1-1-03.)

 

(705 ILCS 410/30)

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 minors.

(b) Any substance abuse treatment program to which minors 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. 92-559, eff. 1-1-03.)

 

(705 ILCS 410/35)

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 minor is not performing satisfactorily in the assigned program;
• (2) the minor is not benefitting from education, treatment, or rehabilitation;
• (3) the minor has engaged in criminal conduct rendering him or her unsuitable for the program; or
• (4) the minor has otherwise violated the terms and conditions of the program or his or her dispositional order or is for any reason unable to participate; the court may impose reasonable sanctions under prior written agreement of the minor, including but not limited to imprisonment or dismissal of the minor from the program and the court may reinstate juvenile proceedings against him or her or proceed under Section 5-720 of the Juvenile Court Act of 1987 for a violation of probation, conditional discharge, or supervision hearing.

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

(Source: P.A. 92-559, eff. 1-1-03.)

 

(705 ILCS 410/40)

Sec. 40. Electronic monitoring. The drug court program may also, subject to the approval of the Chief Judge of the Circuit, establish a program for electronic monitoring of juveniles subject to the jurisdiction of the juvenile drug court program as a less restrictive alternative to detention, consistent with any available evidence-based risk assessment or substance abuse treatment eligibility screening.

(Source: P.A. 100-431, eff. 8-25-17.)

 

(705 ILCS 410/105)

Sec. 105. (Amendatory provisions; text omitted).

(Source: P.A. 92-559, eff. 1-1-03; text omitted.)

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