SB3417 103RD GENERAL ASSEMBLY

LRB103 38577 RLC 68713 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB3417

Introduced 2/8/2024, by Sen. Javier L. Cervantes

SYNOPSIS AS INTRODUCED:

730 ILCS 167/25
730 ILCS 167/25.2 new

Amends the Veterans and Servicemembers Court Treatment Act. Provides that if a veteran with a service-connected disability is arrested for or charged with a criminal offense and there is prima facie evidence that the veteran was suffering from an episode of post-traumatic stress disorder or a related mental health condition during the commission of the offense, there is a rebuttable presumption that the veteran is eligible to participate in a veterans and servicemembers court program, and after the arrest or charge, the following procedures shall take place: (1) the veteran shall be evaluated and treated as soon as practicable by a qualified medical professional for post-traumatic stress disorder and any other mental health condition or disorder; and (2) the court shall order a screening and clinical needs assessment and risk assessment and a mental health and substance use disorder screening and assessment. Provides that if a veteran with a service-connected disability is charged for the first time with a criminal offense, including a felony, except certain offenses that would make him or her ineligible to participate in a veterans and servicemembers court program, and suffered from post-traumatic stress disorder or a related mental health condition during the commission of the offense, then, upon successful completion of the terms and conditions of a court program, the court shall dismiss the original charges against the veteran or successfully terminate the veteran's sentence or otherwise discharge the veteran from any further proceedings against the participant in the original prosecution. Establishes certain procedures to be followed when a combat veteran who is a disabled veteran has an episode of post-traumatic syndrome disorder and needs assistance.

A BILL FOR

AN ACT concerning criminal law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Veterans and Servicemembers Court Treatment Act is amended by changing Sections 25 and by adding Section 25.2 as follows:

(730 ILCS 167/25)

Sec. 25. Procedure.

(a) A screening and clinical needs assessment and risk assessment of the defendant shall be performed as required by the court's policies and procedures prior to the defendant's admission into a veteran and servicemembers court. The assessment shall be conducted through the VA, VAC, and/or the IDVA to provide information on the defendant's veteran or servicemember status.

Any risk assessment shall be performed using an assessment tool approved by the Administrative Office of the Illinois Courts and as required by the court's policies and procedures.

(b) A mental health and substance use disorder screening and assessment of the defendant shall be performed by the VA, VAC, or by the IDVA, or as otherwise outlined and as required by the court's policies and procedures. The assessment shall include, but is not limited to, assessments of substance use and mental and behavioral health needs. The clinical needs assessment shall be administered by a qualified professional of the VA, VAC, or IDVA, or individuals who meet the Department of Human Services substance use prevention and recovery rules for professional staff under 77 Ill. Adm. Code 2060, or an equivalent standard in any other state where treatment may take place, and used to inform any clinical treatment plans. Clinical treatment plans shall be developed, in accordance with the Problem-Solving Court Standards and be based, in part, upon the known availability of treatment resources available to the veterans and servicemembers court. An assessment need not be ordered if the court finds a valid screening or assessment related to the present charge pending against the defendant 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 the defendant's 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 participant to complete mental health counseling or substance use disorder treatment in an outpatient or residential treatment program and may order the participant to comply with physicians' recommendations regarding medications and all follow-up treatment for any mental health diagnosis made by the provider. Substance use disorder treatment programs must be licensed by the Department of Human Services in accordance with the Department of Human Services substance use prevention and recovery rules, or an equivalent standard in any other state where the treatment may take place, and use evidence-based treatment. When referring participants to mental health treatment programs, the court shall prioritize providers certified as community mental health or behavioral health centers if possible. The court shall consider the least restrictive treatment option when ordering mental health or substance use disorder treatment for participants and the results of clinical and risk assessments in accordance with the Problem-Solving Court Standards.

(e-5) The veterans and servicemembers court shall include a regimen of graduated requirements, including individual and group therapy, substance analysis testing, close monitoring by the court, supervision of progress, restitution, educational or vocational counseling as appropriate, and other requirements necessary to fulfill the veterans and servicemembers court program. Program phases, therapeutic adjustments, incentives, and sanctions, including the use of jail sanctions, shall be administered in accordance with evidence-based practices and the Problem-Solving Court Standards. If the participant needs treatment for an opioid use disorder or dependence, the court may not prohibit the participant from receiving medication-assisted treatment under the care of a physician licensed in this State to practice medicine in all of its branches. Veterans and servicemembers court participants may not be required to refrain from using medication-assisted treatment as a term or condition of successful completion of the veteran and servicemembers court program.

(e-10) Recognizing that individuals struggling with mental health, substance use, 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 individuals admitted to the veterans and servicemembers 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 shall be operated in accordance with evidence-based best practices as outlined by the Substance Abuse and Mental Health Service Administration's National Center for Trauma-Informed Care (SAMHSA).

(f) 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 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.

(g) Veterans with a service-connected disability and post-traumatic syndrome disorder.

(1) If a veteran with a service-connected disability is arrested for or charged with a criminal offense and there is prima facie evidence that the veteran was suffering from an episode of post-traumatic stress disorder or a related mental health condition during the commission of the offense, there is a rebuttable presumption that the veteran is eligible to participate in a veterans and servicemembers court program, and after the arrest or charge, the following procedures shall take place:

(i) the veteran shall be evaluated and treated as soon as practicable by a qualified medical professional for post-traumatic stress disorder and any other mental health condition or disorder; and

(ii) the court shall order all the screenings and assessments described in subsections (a) and (b).

(2) If a veteran with a service-connected disability is charged for the first time with a criminal offense, including a felony, except for those offenses listed in subsection (b) of Section 20 that would make him or her ineligible to participate in a veterans and servicemembers court program, and suffered from post-traumatic stress disorder or a related mental health condition during the commission of the offense, then, upon successful completion of the terms and conditions of a court program, the court shall dismiss the original charges against the veteran or successfully terminate the veteran's sentence or otherwise discharge the veteran from any further proceedings against the participant in the original prosecution.

(Source: P.A. 102-1041, eff. 6-2-22.)

(730 ILCS 167/25.2 new)

Sec. 25.2. Combat veteran who is disabled and has episode of post-traumatic syndrome disorder and needs assistance.

(a) When a combat veteran who is a disabled veteran has an episode of post-traumatic syndrome disorder and needs assistance, the following shall occur:

(1) the veteran shall be taken to a VA hospital to get evaluated;

(2) VA treatment shall be allowed in all cases involving the disabled veteran who had an episode of post-traumatic stress syndrome disorder;

(3) the veteran shall be allowed to participate in the Cook County Veterans Treatment Court regardless of criminal charges; and

(4) no felony charges shall be filed against first time veteran offenders.

(b) This Section applies only to combat veterans who have been diagnosed as disabled veterans.