Existing alternatives to incarceration: Drug Court Treatment Act

Summary—the basics  

Illinois currently has three statutes outlining alternatives to incarceration and eligibility for those programs. These statutes include:

• 730 ILCS 168/et. seq. —Mental health court treatment act (MHCTA)
• 730 ILCS 166/et. seq.—Drug court treatment act (DCTA)
• Neither specialty court mandates that offenders receive these alternatives
• 20 ILCS 301/et. seq.—Alcoholism and other drug dependency act (AODDA)
• This act does not mandate that offenders receive treatment from The Designated Agent (TASC has the current contract)

Mental health courts and drug courts can be pre-adjudication, post-adjudication, or a combination of the two. They must be developed and operated by the judicial circuit; however, there may be multiple specialty courts within a circuit depending on size of the circuit and need.

There must be agreement between the court, prosecutor, and defendant before enrollment in a drug court or mental health court.

730 ILCS 166 – Drug court treatment act

Purpose of drug courts:

• reduce the incidence of drug use, drug addiction, and crimes committed as a result of drug use and drug addiction.

Definition of a drug court:

• 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.

Types of drug courts:

• Pre-adjudicatory—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— allows a defendant who 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—includes a pre-adjudicatory mental health court program and a post-adjudicatory drug court program.

Eligibility for drug courts:

• Agreement—must be agreed upon by the prosecutor and defendant with approval of the court.
• Exclusions—any of the following:
• Defendant denies his or her use of or addiction to drugs
• Defendant does not demonstrate a willingness to participate in a treatment program
• The instant offense is a crime of violence of the defendant (listed below) has been convicted of a crime of violence (listed below) 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 kidnapping, kidnapping, aggravated battery resulting in great bodily harm or permanent disability, stalking, aggravated stalking, or any offense involving the discharge of a firearm.
• The defendant has previously completed or has been discharged from a drug court program.

Procedure of drug courts:

• Eligibility screening and assessment—not necessary if valid assessment related to present charge pending has been completed within pervious 60 days

• Informing defendant of requirements—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.

• Written agreement—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.

• 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 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.

• Graduated requirements 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 court and supervision of progress, educational or vocational counseling as appropriate and other requirements necessary to fulfill the mental health court program.

Substance abuse treatment:
Drug courts must maintain a network of substance abuse treatment programs representing a continuum of graduated substance abuse treatment. Any substance abuse treatment program must meet all the rules in Parts 2030 and 2060 of Title 77 of the Illinois Administrative Code.

Violation and revocation

• If evidence is found of the following, the court may impose reasonable sanctions under prior written agreement of the defendant:
• the defendant is not performing satisfactorily in the assigned program;
• the defendant is not benefiting from education, treatment, or rehabilitation;
• the defendant has engaged in criminal conduct rendering him or her unsuitable for the program; or
• 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;

• Reasonable sanctions include, but are not limited to:
• Imprisonment,
• dismissal from program,
• proceed for violations of probation, conditional discharge or supervision.

Drug court treatment act program ineligible offenses 

The following offenses are statutorily ineligible for participation in drug court programs. Ineligibility for drug court programs does not necessarily preclude eligibility for other diversion programs. Please consult with a State’s Attorney or other legal counsel to determine individual eligibility.

• Defendant denies use of or addiction to drugs

• Defendant does not demonstrate a willingness to participate in a treatment program

• Defendant has previously completed or been discharged from a drug court program

• Instant offense or conviction of a crime within the last 10 years (excluding incarceration time) for the following offenses:
• First degree murder
• Second degree murder
• Predatory criminal sexual assault
• Aggravated criminal sexual assault
• Criminal sexual assault
• Armed robbery
• Aggravated arson
• Arson
• Aggravated kidnapping
• Aggravated battery resulting in great bodily harm or permanent disability
• Stalking
• Aggravated stalking
• Any offense involving the discharge of a firearm