Veterans Court Protocol

IMPLEMENTING VETERANS COURTS OR PROGRAMS IN THE STATE OF ILLINOIS
A MANUAL PREPARED BY THE GOVERNORS TASK FORCE ON VETERANS AND SERVICEMEMBERS COURTS, STATE OF ILLINOIS
The second printing of this manual is dedicated to the memory of fellow Task Force member Major John F. Lynn, USMC, (Ret.) Assistant Dean, SIU School of Law Director, Veterans Legal Assistance Program, SIU School of Law A veteran dedicated to serving his country and fellow veterans March 8, 1952-October 10, 2010 "Semper Fi"
TASK FORCE MEMBERS:

Judge Annette Eckert (Ret.), Chairperson Senator Toi Hutchinson Representative Mike Tryon Representative Linda Chapa La Via Judge John Kirby Judge Charles Romani John Costello, Illinois Attorney Generals Office John Lynn, Southern Illinois University School of Law Joe Butler, The John Marshall Law School Kevin Cavanaugh, Illinois Department of Veterans Affairs Benjamin Wright, University of Illinois
The Task Force would like to gratefully acknowledge the assistance of the following persons:
Mark Kammerer, Cook County States Attorneys Office
Southern Illinois University School of Law

Trevor J.L. Burggraff Sarah Davis
The John Marshall Law School

Brian Clauss Adjunct Professor Lt. Col. Jamie Martinez (US Army Retired) Lt. Connor Bidwell (US Army) Julie Yriart Deb Tucker, Executive Director of the National Center on Domestic and Sexual Violence Vicki Smith, Executive Director Illinois Coalition Against Domestic Violence
The Task Force would also like to thank the Southern Illinois University School of Law for printing the First and Second Editions of the Manual.
First Printing June 2010 Second Printing December 2010
IMPLEMENTING VETERANS COURTS OR PROGRAMS IN THE STATE OF ILLINOIS

PREPARED BY THE GOVERNORS TASK FORCE ON VETERANS AND SERVICEMEMBERS COURTS, STATE OF ILLINOIS
I.
Getting Prepared
A. We recommend the following sources for background reading: 1. National Association for Drug Court Professionals, (NADCP), (http://www.nadcp.org) a. Defining Drug Courts: 10 Key Components, (The Ten Key Components of a Drug Court) b. See Veterans Courts tab, (http://www.nadcp.org/learn/veterans-treatment-courtclearinghouse/veterans-treatment-court-resources) Buffalo, New York, Veterans Court, (http://www.erie.gov/veterans/veterans_court.asp) Illinois Statutes to review: a. Illinois Mental Health Court Treatment Act , 730 ILCS 168, et seq. b. Illinois Drug Court Treatment Act, 730 ILCS 166, et seq. c. Illinois Veterans and Servicemembers Court Treatment Act, signed into law June 12, 2010, (Public Act 0960924) Addendum 1 d. Illinois Fee by Statute 55 ILCS 5/5-1101(d-5) (As amended by House Bill 5214 signed into law June 11, 2010), Addendum 1, Section 90 We recommended review of the following pending federal legislation: a. Senate Bill 902, Addendum 2 b. House Bill 2138, Addendum 3
2.
3.
4.
II.
Identifying the Stakeholders and Players

A. Identifying the players 1. Suggested participants may include members of the Judiciary, the States Attorney, the Public Defender, representatives from the Illinois Department of Veterans Affairs and the United States Department of Veterans Affairs, Addendum 4, Veterans Justice Outreach Specialists, Addendum 5, representatives of local veterans clinics, offices or organizations (i.e. American Legion, Paralyzed Veterans of America or AMVETS), probation, state mental health and addiction treatment providers that are in the community, jail personnel and TASC.
B.
Begin the conversation and continue the conversation 1. Things to consider for discussion: a. Treatment for veterans is already funded through the US Department of Veterans Affairs and Illinois Department of Veterans Affairs, and the Court can order the defendant to obtain treatment through these providers. Setting up communication with these providers and obtaining the necessary forms and methods of communication between the VA and the Court should be established. b. $10.00 fee on traffic, misdemeanor and DUI cases can assist in funding the court (See 55 ILCS 5/5-1101(d-5)) and a county resolution can be approved allowing this fee. Preparation should be made for the County Board to adopt this fee. See Addendum 1, Section 90. c. The court should begin a conversation with local representatives of USDVA and IDVA and VJO assigned to each VA Medical Center (See attached lists at Addendums 4 and 5). d. Bring together all stakeholders after identifying and meeting with USDVA and IDVA persons.
III.
Beginning the Process

A. Framework We recommend that decisions be made regarding your circuits program or court with consideration to the following items: 1. Self identification or identification of veterans as quickly as possible, See Eligibility Questionnaire at Addendum 6 2. Verification of veteran status and eligibility discharge status by the Veterans Benefits Administration, (VBA): Eligibility/screening at jail, or arrest, or first appearance. 3. The Veterans Court statute provides for veterans courts or veterans programs. Consideration should be given to providing a program or separate court. A veterans program can be added to existing drug courts or mental health courts. A veteran mentor can be provided to veterans in drug court programs, and a separate docket could be utilized for veterans. The statute allows each circuit to create a program or court that works for its circuit within the statutory framework. 4. The statute allows circuits to use one county as the veterans court and allow the other counties to feed into the court. This makes the courts more economically feasible. Transportation can be an issue. Veteran volunteers could be used as a possible transportation resource. 5. Decision whether to include misdemeanors and/or felonies 6. Criminal background checks and defendants request for admission into court. a. Develop a process and procedure with applicable forms for this process. 7. Decision needs to be made on whether the program is a Pre-adjudicatory/Post-adjudicatory/general continuance/probation program/vacate conviction on graduation program or whether it is multifaceted and inclusive of all of the above. See attached Cook County and Madison County forms, Addendum 7 8. A decision must be made as to whether to include veteran mentors as part of the program (See Buffalo Veterans court website). a. Recruitment b. Training, (http://www.nadcp.org/sites/default/files/nadcp/Buffalo% 20Mentor%20Handbook.pdf)
4
9.
10.
11. 12. 13.
c. Reporting d. Adopt necessary forms and waivers Domestic violence cases: things to consider a. Cases should be carefully scrutinized by prosecution and the court. The statute does not exclude these cases. b. Consideration should be given to whether violence is a power and control issue or a result of PTSD, etc. c. Background of defendant and onset should be researched and courts should consider lethality evaluation. d. Safety of victim is paramount concern. Sanctions and rewards/frequency of court dates should be determined. (If this is a circuit-wide court, fewer appearances may be desirable due to transportation issues.) a. Judicial monitoring and recognition by Judge is extremely important. Release of information form confidentiality requirement a. VA Form 10-5345, Addendum 8 Graduation, Addendum 9 Evaluation of program a. An ongoing evaluation of the program should be planned and can be in-house or by an outside consultant. Addendum 10
IV. After decisions on the above framework, consideration should be given to drafting a protocol for the program and a handbook for defendants.
A. These are suggested documents for reading in this area: 1. Buffalo Veterans Court protocol, (http://www.nadcp.org/sites/default/files/nadcp/Buffalo%20poli cy%20and%20procedure%20manual.pdf) 2. St. Clair County Circuit Court Drug Court Policy Manual, Addendum 11 3. St. Clair County Drug Court Defendants Handbook, Addendum 12 Drafting and signing of any administrative orders necessary to establish the court or program should be accomplished.
B.
V. Training Training of all persons involved with the Court is important and should be administered prior to the opening of the court or program and should continue on an annual basis.
A. Areas suggested: 1. Non-adversarial court how does the team approach work 2. Cross training of professionals within the team is recommended. 3. A location outside the courthouse should be utilized with a guest speaker with knowledge in Veterans Courts. 4. Training of Veteran Mentors (separate from training the team and court personnel, Addendum 13).
VI. Opening the Court

A. Educating the community the task force recommends speaking to veterans groups and informing them of the nature of the veterans court and of therapeutic court. Consideration should also be given to providing a press release that informs the public of the nature and importance of a veterans court.
VII. Contacts for existing Veterans Courts and Veterans Programs within Illinois: A. Cook County Honorable John Kirby Mr. Mark Kammerer, LS, LCPC (773) 869-2258 Honorable Charles V. Romani, Jr. (618) 692-8961 Honorable Annette A. Eckert (Ret.) (618) 578-9906
B. C.
Madison County St. Clair County
The 10 Key Components of a Drug Court

1. Drug Courts integrate alcohol and other drug treatment services with justice system case processing. Using a non-adversarial approach, prosecution and defense counsel promote public safety while protecting participants' due process rights. Eligible participants are identified early and promptly placed in the drug court program. Drug courts provide access to a continuum of alcohol, drug and other related treatment and rehabilitation services. Abstinence is monitored by frequent alcohol and other drug testing. A coordinated strategy governs drug court responses to participants compliance. Ongoing judicial interaction with each drug court participant is essential. Monitoring and evaluation measure the achievement of program goals and gauge effectiveness. Continuing interdisciplinary education promotes effective drug court planning, implementation, and operations.
2.
3.
4.
5. 6.
7. 8.
9.
10. Forging partnerships among drug courts, public agencies, and communitybased organizations generates local support and enhances drug court effectiveness.
ADDENDUM 1 Illinois Veterans and Servicemembers Court Treatment Act

(As signed into law June 11, 2010)
Public Act 096-0924 HB5214 Enrolled AN ACT concerning courts. LRB096 18368 RLC 33745 b
Be it enacted by the People of the State of Illinois, represented in the General Assembly:
Section 1. Short title. This Act may be cited as the Veterans and Servicemembers Court Treatment Act.
Section 5. Purposes. The General Assembly recognizes that veterans and active, Reserve and National Guard servicemembers have provided or are currently providing an invaluable service to our country. In so doing, some may suffer the effects of, including but not limited to, post traumatic stress disorder, traumatic brain injury, depression and may also suffer drug and alcohol dependency or addiction and co-occurring mental
illness and substance abuse problems. As a result of this, some veterans or active duty servicemembers come into contact with the criminal justice system and are charged with felony or misdemeanor offenses. There is a critical need for the criminal justice system to recognize these veterans, provide
accountability for their wrongdoing, provide for the safety of the public and provide for the treatment of our veterans. It is the intent of the General Assembly to create specialized
veteran and servicemember courts or programs with the necessary flexibility to meet the specialized problems faced by these veteran and servicemember defendants.
Public Act 096-0924 HB5214 Enrolled LRB096 18368 RLC 33745 b
Section 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. "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. "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" Affairs. "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. means the United States Department of Veterans'
"Veterans and Servicemembers Court professional" means a judge, prosecutor, defense attorney, probation officer, or treatment provider involved with the Court program. "Veterans program with and an Servicemembers immediate and Court" highly means a court or
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.
Section 15. Authorization. The Chief Judge of each judicial circuit may establish a Veterans and Servicemembers Court
program including a format under which it operates under this Act. The Veterans and Servicemembers Court may, at the
discretion of the Chief Judge, be a separate court or a program of a drug court within the Circuit. At the discretion of the Chief Judge, the Veterans and Servicemembers Court program may be operated in one county in the Circuit, and allow veteran and servicemember defendants from all counties within the Circuit to participate.
Section 20. Eligibility. Veterans and Servicemembers are eligible for Veterans and Servicemembers Courts, provided the
Public Act 096-0924 HB5214 Enrolled following: (a) A defendant may be admitted into a Veterans and LRB096 18368 RLC 33745 b
Servicemembers 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 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 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 and kidnapping, aggravated battery resulting in great bodily harm or permanent disability, stalking, aggravated stalking, or any offense involving the discharge of a firearm or where occurred serious bodily injury or death to any person. (4) The defendant has previously completed or has been discharged from a Veterans and Servicemembers Court
program within three years of that completion or discharge.
Section 25. Procedure. (a) The Court shall order the defendant to submit to an eligibility screening and an assessment through the VA 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 or by the IDVA to provide assessment services for Illinois Courts. The assessment shall include a risks assessment and be based, in part, upon the to known availability and of treatment resources The
available
the
Veterans
Servicemembers
Court.
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 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
Public Act 096-0924 HB5214 Enrolled 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, LRB096 18368 RLC 33745 b
residential, or jail-based custodial treatment program, order the defendant or to complete mental basis, health comply and counseling with all in an
inpatient
outpatient regarding
physicians' follow up
recommendation
medications
treatment. This treatment may include but is not limited to post-traumatic stress disorder, traumatic brain injury and depression.
Section 30. Mental health and substance abuse treatment. (a) maintain The a Veterans network a and of Servicemembers abuse Court program may
substance of
treatment
programs abuse
representing
continuum
graduated
substance
treatment options commensurate with the needs of defendants; these shall include programs with the VA, IDVA, the State of Illinois and community-based programs supported and sanctioned
Public Act 096-0924 HB5214 Enrolled by either or both. (b) Any substance referred abuse must treatment meet all program of the to which and LRB096 18368 RLC 33745 b
defendants
are
rules
governing programs in Parts 2030 and 2060 of Title 77 of the Illinois Administrative Code. (c) The Veterans and Servicemembers Court program may, in its discretion, employ additional services or interventions, as it deems necessary on a case by case basis. (d) maintain The or Veterans and Servicemembers with a network Court of program may
collaborate
mental
health
treatment programs and, if it is a co-occurring mental health and substance abuse court program, a network of substance abuse treatment options programs representing with the a continuum of the of treatment and
commensurate
needs
defendant
available resources including programs with the VA, the IDVA and the State of Illinois.
Section 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 for Section a 5-6-4 of of the Unified Code of
Corrections
violation
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.
Section
90.
The
Counties
Code
is
amended
by
changing
Section 5-1101 as follows:
(55 ILCS 5/5-1101) (from Ch. 34, par. 5-1101) Sec. 5-1101. Additional fees to finance court system. A county board may enact by ordinance or resolution the following fees: (a) A $5 fee to be paid by the defendant on a judgment of
guilty or a grant of supervision for violation of the Illinois Vehicle Code other than Section 11-501 or violations of similar provisions contained in county or municipal ordinances
committed in the county, and up to a $30 fee to be paid by the defendant on a judgment of guilty or a grant of supervision for violation of Section 11-501 of the Illinois Vehicle Code or a violation of a similar provision contained in county or
municipal ordinances committed in the county. (b) In the case of a county having a population of
1,000,000 or less, a $5 fee to be collected in all civil cases by the clerk of the circuit court. (c) A fee to be paid by the defendant on a judgment of guilty or a grant of supervision, as follows: (1) for a felony, $50; (2) for a class A misdemeanor, $25; (3) for a class B or class C misdemeanor, $15; (4) for a petty offense, $10; (5) for a business offense, $10. (d) A $100 fee for the second and subsequent violations of Section 11-501 of the Illinois Vehicle Code or violations of similar provisions contained in county or municipal ordinances committed in the county. The proceeds of this fee shall be placed in the county general fund and used to finance education programs related to driving under the influence of alcohol or drugs. (d-5) A $10 fee to be paid by the defendant on a judgment
of guilty or a grant of supervision under Section 5-9-1 of the Unified Code of Corrections to be placed in the county general fund and used to finance the county mental health court, the county drug court, the Veterans and Servicemembers Court, or any or all of the above or both. (e) In each county in which a teen court, peer court, peer jury, youth court, or other youth diversion program has been created, a county may adopt a mandatory fee of up to $5 to be assessed as provided in this subsection. Assessments collected by the clerk of the circuit court pursuant to this subsection must be deposited into an account specifically for the
operation and administration of a teen court, peer court, peer jury, youth court, or other youth diversion program. The clerk of the circuit court shall collect the fees established in this subsection and must remit the fees to the teen court, peer court, peer jury, youth court, or other youth diversion program monthly, less 5%, which is to be retained as fee income to the office of the clerk of the circuit court. The fees are to be paid as follows: (1) a fee of up to $5 paid by the defendant on a judgment of guilty or grant of supervision for violation of the Illinois Vehicle Code or violations of similar
provisions contained in county or municipal ordinances committed in the county; (2) a fee of up to $5 paid by the defendant on a judgment of guilty or grant of supervision under Section
5-9-1 of the Unified Code of Corrections for a felony; for a Class A, Class B, or Class C misdemeanor; for a petty offense; and for a business offense. (f) In each county in which a drug court has been created, the county may adopt a mandatory fee of up to $5 to be assessed as provided in this subsection. Assessments collected by the clerk of the circuit court pursuant to this subsection must be deposited into an account specifically for the operation and administration of the drug court. The clerk of the circuit court shall collect the fees established in this subsection and must remit the fees to the drug court, less 5%, which is to be retained as fee income to the office of the clerk of the circuit court. The fees are to be paid as follows: (1) a fee of up to $5 paid by the defendant on a judgment of guilty or grant of supervision for a violation of the Illinois Vehicle Code or a violation of a similar provision contained in a county or municipal ordinance committed in the county; or (2) a fee of up to $5 paid by the defendant on a judgment of guilty or a grant of supervision under Section 5-9-1 of the Unified Code of Corrections for a felony; for a Class A, Class B, or Class C misdemeanor; for a petty offense; and for a business offense. The clerk of the circuit court shall deposit the 5% retained under this subsection into the Circuit Court Clerk Operation and Administrative Fund to be used to defray the
costs of collection and disbursement of the drug court fee. (f-5) In each county in which a Children's Advocacy Center provides services, the county board may adopt a mandatory fee of between $5 and $30 to be paid by the defendant on a judgment of guilty or a grant of supervision under Section 5-9-1 of the Unified Code of Corrections for a felony; for a Class A, Class B, or Class C misdemeanor; for a petty offense; and for a business offense. Assessments shall be collected by the clerk of the circuit court and must be deposited into an account specifically for the operation and administration of the
Children's Advocacy Center. The clerk of the circuit court shall collect the fees as provided in this subsection, and must remit the fees to the Children's Advocacy Center. (g) The proceeds of all fees enacted under this Section must, except as provided in subsections (d), (d-5), (e), and (f), be placed in the county general fund and used to finance the court system in the county, unless the fee is subject to disbursement by the circuit clerk as provided under Section 27.5 of the Clerks of Courts Act. (Source: P.A. 95-103, eff. 1-1-08; 95-331, eff. 8-21-07;
96-328, eff. 8-11-09.) Section 99. Effective date. This Act takes effect upon becoming law.
ADDENDUM 2 Senate Bill 902

(111th Congress)
II
111TH CONGRESS 1ST SESSION
S. 902
To provide grants to establish veterans treatment courts.
IN THE SENATE OF THE UNITED STATES

APRIL 27, 2009 Mr. KERRY (for himself, Ms. MURKOWSKI, and Mr. INOUYE) introduced the following bill; which was read twice and referred to the Committee on the Judiciary
A BILL
To provide grants to establish veterans treatment courts. 1 Be it enacted by the Senate and House of Representa-
2 tives of the United States of America in Congress assembled, 3 4

SECTION 1. SHORT TITLE.
This Act may be cited as the Services, Education,
5 and Rehabilitation for Veterans Act or the SERV Act. 6 7

SEC. 2. VETERANS TREATMENT COURTS.
(a) DELEGATION.The Director of the Office of Na-
8 tional Drug Control Policy (referred to in this Act as the 9 Director) shall delegate the authority to administer the
rfrederick on PROD1PC67 with BILLS
10 program and other such activities necessary to carry out 11 this Act to the Department of Justice.
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S902
2 1 (b) GRANTS.The Attorney General may make
2 grants to States, State courts, local courts, units of local 3 government, and Indian tribal governments acting directly 4 or through agreements with other public or private enti5 ties, for the purpose of developing, implementing, or en6 hancing veterans treatment courts or expanding oper7 ational drug courts to serve veterans. 8 (c) ELIGIBILITY.Grants under this Act shall be
9 made to veterans treatment courts and drug courts serv10 ing veterans that effectively integrate substance abuse 11 treatment, mental health treatment, mandatory drug test12 ing, sanctions and incentives, and transitional services, in 13 a judicially supervised court setting with jurisdiction over 14 nonviolent, substance-abusing offenders that have served 15 in the United States military. 16 17
SEC. 3. GRANT AUTHORITY.
The Attorney General may make grants to States,
18 State courts, local courts, units of local government, and 19 Indian tribal governments, acting directly or through 20 agreements with other public or private entities, for pro21 grams that involve 22 23 24
(1) continuing judicial supervision over offenders with substance abuse or mental health problems who are not violent offenders and have served in the United States military; and
25
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3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23
(2) the integrated administration of other sanctions and services, which shall include (A) mandatory periodic testing for the use of controlled substances or other addictive substances during any period of supervised release or probation for each participant; (B) substance abuse and mental health treatment (such as treatment for depression and post-traumatic stress disorder) for each participant; (C) diversion, probation, or other supervised release involving the possibility of prosecution, confinement, or incarceration based on noncompliance with program requirements or failure to show satisfactory progress; and (D) programmatic, offender management, and aftercare services such as relapse prevention, health care, education, vocational training, job placement, housing placement, and child care or other family support services for each participant who requires such services.
SEC. 4. APPLICATIONS.
(a) IN GENERAL.To request a grant under this
24 Act, a State, State court, local court, unit of local govern25 ment, or Indian tribal government shall submit an applica-
S 902 IS
4 1 tion to the Attorney General in such form and containing 2 such information as the Attorney General may reasonably 3 require. 4 (b) APPLICATIONS.In addition to any other require-
5 ments that may be specified by the Attorney General, an 6 application for a grant under this Act shall 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
(1) include a long-term strategy and detailed implementation plan; (2) explain the applicants inability to fund the program adequately without Federal assistance; (3) certify that the Federal support provided will be used to supplement, and not supplant, State, Indian tribal, and local sources of funding that would otherwise be available; (4) identify related governmental or community initiatives which complement or will be coordinated with the proposal; (5) certify that there has been appropriate consultation with all affected agencies, specifically the Department of Veterans Affairs and the Department of Health and Human Services, and that there will be appropriate coordination with all affected agencies in the implementation of the program; (6) certify that participating offenders will be supervised by 1 or more designated judges with re-
25
S 902 IS
5 1 2 3 4 5 6 7 8 sponsibility for the veterans treatment court program; (7) specify plans for obtaining necessary support and continuing the proposed program following the conclusion of Federal support; and (8) describe the methodology that will be used in evaluating the program. (c) CERTIFICATIONS.Each such application shall
9 contain the certification that the program for which the 10 grant is requested shall meet each of the requirements of 11 this Act. 12 13
SEC. 5. FEDERAL SHARE.
The Federal share of a grant made under this Act
14 may not exceed 75 percent of the total costs of the pro15 gram described in the application submitted under section 16 4 for the fiscal year for which the program receives assist17 ance under this Act, unless the Attorney General waives, 18 wholly or in part, the requirement of a matching contribu19 tion under this section. In-kind contributions may con20 stitute a portion of the non-Federal share of a grant. 21 22 23
SEC. 6. REPORTS AND EVALUATIONS.
(a) REPORT
RECTOR.For
TO
ATTORNEY GENERAL
AND THE
DI-
each fiscal year, each recipient of a grant
24 under this Act during that fiscal year shall submit to the 25 Attorney General, the Director, and the Secretary for Vet-
S 902 IS
6 1 erans Affairs a report regarding the effectiveness of activi2 ties carried out using that grant. Each report shall include 3 an evaluation in such form and containing such informa4 tion as the Attorney General may reasonably require. The 5 Attorney General shall specify the dates on which such 6 reports shall be submitted. 7 (b) REPORT
TO
CONGRESS.The Director, in con-
8 sultation with the Attorney General, shall submit a yearly 9 report on the effectiveness on the activities carried out 10 under this Act to the House and Senate Committees on 11 the Judiciary and the House and Senate Committees on 12 Veterans Affairs. 13 14 15 16 17 18 19 20 21 22 23 24
SEC. 7. DEFINITIONS.
In this Act: (1) VETERAN.The term 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. (2) VETERANS
TREATMENT COURT.The
term
veterans treatment court means a program specifically for veterans that meets the drug court criteria established by the Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103 322).
S 902 IS
7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 (3) VIOLENT
OFFENDER.The
term violent
offender means a person who (A) is charged with or convicted of an offense, during the course of which offense or conduct (i) the person carried, possessed, or used a firearm or dangerous weapon; (ii) there occurred the death of or serious bodily injury to any person; or (iii) there occurred the use of force against the person of another, without regard to whether any of the circumstances described in clause (i) or (ii) is an element of the offense or conduct of which or for which the person is charged or convicted. (B) has 1 or more prior convictions for a felony crime of violence involving the use or attempted use of force against a person with the intent to cause death or serious bodily harm.
SEC. 8. ADMINISTRATION.
(a) CONSULTATION.The Attorney General shall
22 consult with the Secretary of Veterans Affairs, the Sec23 retary of Health and Human Services, and any other ap24 propriate officials in carrying out this Act.
25
(b) REGULATORY AUTHORITY.
S 902 IS
8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 (1) IN
GENERAL.The
Attorney General may
issue regulations and guidelines necessary to carry out this Act. (2) PARTICIPATION
LIMITS.In
addition to the
general authority provided under paragraph (1), the Attorney General shall (A) issue regulations and guidelines to ensure that programs authorized in this Act do not permit participation by violent offenders; and (B) immediately suspend funding for any grant under this part, pending compliance, if the Attorney General finds that violent offenders are participating in any program funded under this part. (c) GEOGRAPHIC DISTRIBUTION.The Attorney
17 General shall ensure that, to the extent practicable, an eq18 uitable geographic distribution of grant awards is made 19 under this Act. 20 21 22
SEC. 9. TECHNICAL ASSISTANCE, TRAINING, AND EVALUATION.
(a) TECHNICAL ASSISTANCE
AND
TRAINING.The
23 Attorney General may provide technical assistance and 24 training in furtherance of the purposes of this Act.
S 902 IS
9 1 (b) EVALUATIONS.The Attorney General may pro-
2 vide for evaluations in furtherance of the purposes of this 3 Act. 4 5 6

SEC. 10. FUNDING FOR THE NATIONAL DRUG COURT INSTITUTE.
(a) COMPREHENSIVE, NATIONAL TRAINING

FOR
AND
7 TECHNICAL ASSISTANCE
DRUG COURTS.The Na-
8 tional Drug Court Institute in Alexandria, Virginia, 9 shall 10 11 12 13 14 15 16 17 18 19 20 21 22 23

(1) conduct national, comprehensive training programs for State and local communities for the purpose of improving the professional skills of drug court practitioners and enhancing the ability of State and local communities to expand drug courts to reach all addicted citizens in need of their resources; and (2) provide national, comprehensive Technical Assistance to adult, juvenile and family dependency drug courts including a combination of information gathering, needs assessment, cultural proficiency, analysis, problem solving, action planning, referral and follow-up. (b) ANCILLARY PROJECTS.The National Drug
24 Court Institute in Alexandria, Virginia, shall complete an-
S 902 IS
10 1 cillary programs designed to facilitate the expansion and 2 improvement of drug courts nationwide including 3 4 5 6 7 8 9 10 11 12 13 14 15 16 (1) a Judicial Task Force to develop a transition plan for new drug court judges; (2) a resource center to maintain and distribute drug court evaluations reviewed in the National Drug Court Institute Review, and to request new research and evaluations for the drug court field; (3) publishing annually the National Drug Court Institute Review to provide research, analysis, and commentary of importance to the drug court field; and (4) searching drug court literature and identify, reprint, and disseminate important and relevant scholarship to the drug court field. (c) AUTHORIZATION
OF
APPROPRIATIONS.There
17 are authorized to be appropriated to the Attorney General 18 to carry out this section $10,000,000 for each of the fiscal 19 years 2010 through 2015 to remain available until ex20 pended. 21 22
SEC. 11. AUTHORIZATION OF APPROPRIATIONS.
Except for section 10, there are authorized to be ap-
23 propriated to the Director to carry out this Act 24 $25,000,000 for each of fiscal years 2010 to 2015.
S 902 IS
ADDENDUM 3 House Bill 2138

(111th Congress)
111TH CONGRESS 1ST SESSION
H. R. 2138
To provide grants to establish veterans treatment courts.
IN THE HOUSE OF REPRESENTATIVES

APRIL 28, 2009 Mr. KENNEDY (for himself, Mr. SULLIVAN, Mr. HIGGINS, Ms. SCHAKOWSKY, Mr. MICHAUD, and Mr. BOREN) introduced the following bill; which was referred to the Committee on the Judiciary
A BILL
To provide grants to establish veterans treatment courts. 1 Be it enacted by the Senate and House of Representa-
2 tives of the United States of America in Congress assembled, 3 4

SECTION 1. SHORT TITLE.
This Act may be cited as the Services, Education,
5 and Rehabilitation for Veterans Act or the SERV Act. 6 7

SEC. 2. VETERANS TREATMENT COURTS.
(a) DELEGATION.The Director of the Office of Na-
8 tional Drug Control Policy (referred to in this Act as the 9 Director) shall delegate the authority to administer the
WWOODS2 on PRODPC68 with BILLS
10 program and other such activities necessary to carry out 11 this Act to the Department of Justice.
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2 1 (b) GRANTS.The Attorney General may make
2 grants to States, State courts, local courts, units of local 3 government, and Indian tribal governments acting directly 4 or through agreements with other public or private enti5 ties, for the purpose of developing, implementing, or en6 hancing veterans treatment courts or expanding oper7 ational drug courts to serve veterans. 8 (c) ELIGIBILITY.Grants under this Act shall be
9 made to veterans treatment courts and drug courts serv10 ing veterans that effectively integrate substance abuse 11 treatment, mental health treatment, mandatory drug test12 ing, sanctions and incentives, and transitional services, in 13 a judicially supervised court setting with jurisdiction over 14 nonviolent, substance-abusing offenders that have served 15 in the United States military. 16 17
SEC. 3. GRANT AUTHORITY.
The Attorney General may make grants to States,
18 State courts, local courts, units of local government, and 19 Indian tribal governments, acting directly or through 20 agreements with other public or private entities, for pro21 grams that involve 22 23 24
(1) continuing judicial supervision over offenders with substance abuse or mental health problems who are not violent offenders and have served in the United States military; and
25
HR 2138 IH
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3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23
(2) the integrated administration of other sanctions and services, which shall include (A) mandatory periodic testing for the use of controlled substances or other addictive substances during any period of supervised release or probation for each participant; (B) substance abuse and mental health treatment (such as treatment for depression and post-traumatic stress disorder) for each participant; (C) diversion, probation, or other supervised release involving the possibility of prosecution, confinement, or incarceration based on noncompliance with program requirements or failure to show satisfactory progress; and (D) programmatic, offender management, and aftercare services such as relapse prevention, health care, education, vocational training, job placement, housing placement, and child care or other family support services for each participant who requires such services.
SEC. 4. APPLICATIONS.
(a) IN GENERAL.To request a grant under this
24 Act, a State, State court, local court, unit of local govern25 ment, or Indian tribal government shall submit an applica-
HR 2138 IH
4 1 tion to the Attorney General in such form and containing 2 such information as the Attorney General may reasonably 3 require. 4 (b) APPLICATIONS.In addition to any other require-
5 ments that may be specified by the Attorney General, an 6 application for a grant under this Act shall 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
(1) include a long-term strategy and detailed implementation plan; (2) explain the applicants inability to fund the program adequately without Federal assistance; (3) certify that the Federal support provided will be used to supplement, and not supplant, State, Indian tribal, and local sources of funding that would otherwise be available; (4) identify related governmental or community initiatives which complement or will be coordinated with the proposal; (5) certify that there has been appropriate consultation with all affected agencies, specifically the Department of Veterans Affairs and the Department of Health and Human Services, and that there will be appropriate coordination with all affected agencies in the implementation of the program; (6) certify that participating offenders will be supervised by 1 or more designated judges with re-
25
HR 2138 IH
5 1 2 3 4 5 6 7 8 sponsibility for the veterans treatment court program; (7) specify plans for obtaining necessary support and continuing the proposed program following the conclusion of Federal support; and (8) describe the methodology that will be used in evaluating the program. (c) CERTIFICATIONS.Each such application shall
9 contain the certification that the program for which the 10 grant is requested shall meet each of the requirements of 11 this Act. 12 13
SEC. 5. FEDERAL SHARE.
The Federal share of a grant made under this Act
14 may not exceed 75 percent of the total costs of the pro15 gram described in the application submitted under section 16 4 for the fiscal year for which the program receives assist17 ance under this Act, unless the Attorney General waives, 18 wholly or in part, the requirement of a matching contribu19 tion under this section. In-kind contributions may con20 stitute a portion of the non-Federal share of a grant. 21 22 23
SEC. 6. REPORTS AND EVALUATIONS.
(a) REPORT
RECTOR.For
TO
ATTORNEY GENERAL
AND THE
DI-
each fiscal year, each recipient of a grant
24 under this Act during that fiscal year shall submit to the 25 Attorney General, the Director, and the Secretary for Vet-
HR 2138 IH
6 1 erans Affairs a report regarding the effectiveness of activi2 ties carried out using that grant. Each report shall include 3 an evaluation in such form and containing such informa4 tion as the Attorney General may reasonably require. The 5 Attorney General shall specify the dates on which such 6 reports shall be submitted. 7 (b) REPORT
TO
CONGRESS.The Director, in con-
8 sultation with the Attorney General, shall submit a yearly 9 report on the effectiveness on the activities carried out 10 under this Act to the House and Senate Committees on 11 the Judiciary and the House and Senate Committees on 12 Veterans Affairs. 13 14 15 16 17 18 19 20 21 22 23 24
SEC. 7. DEFINITIONS.
In this Act: (1) VETERAN.The term 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. (2) VETERANS
TREATMENT COURT.The
term
veterans treatment court means a program specifically for veterans that meets the drug court criteria established by the Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103 322).
HR 2138 IH
7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 (3) VIOLENT
OFFENDER.The
term violent
offender means a person who (A) is charged with or convicted of an offense, during the course of which offense or conduct (i) the person carried, possessed, or used a firearm or dangerous weapon; (ii) there occurred the death of or serious bodily injury to any person; or (iii) there occurred the use of force against the person of another, without regard to whether any of the circumstances described in clause (i) or (ii) is an element of the offense or conduct of which or for which the person is charged or convicted. (B) has 1 or more prior convictions for a felony crime of violence involving the use or attempted use of force against a person with the intent to cause death or serious bodily harm.
SEC. 8. ADMINISTRATION.
(a) CONSULTATION.The Attorney General shall
22 consult with the Secretary of Veterans Affairs, the Sec23 retary of Health and Human Services, and any other ap24 propriate officials in carrying out this Act.
25
(b) REGULATORY AUTHORITY.
HR 2138 IH
8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 (1) IN
GENERAL.The
Attorney General may
issue regulations and guidelines necessary to carry out this Act. (2) PARTICIPATION
LIMITS.In
additional to
the general authority provided under paragraph (1), the Attorney General shall (A) issue regulations and guidelines to ensure that programs authorized in this Act do not permit participation by violent offenders; and (B) immediately suspend funding for any grant under this part, pending compliance, if the Attorney General finds that violent offenders are participating in any program funded under this part. (c) GEOGRAPHIC DISTRIBUTION.The Attorney
17 General shall ensure that, to the extent practicable, an eq18 uitable geographic distribution of grant awards is made 19 under this Act. 20 21 22
SEC. 9. TECHNICAL ASSISTANCE, TRAINING, AND EVALUATION.
(a) TECHNICAL ASSISTANCE
AND
TRAINING.The
23 Attorney General may provide technical assistance and 24 training in furtherance of the purposes of this Act.
HR 2138 IH
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9 1 (b) EVALUATIONS.The Attorney General may pro-
2 vide for evaluations in furtherance of the purposes of this 3 Act. 4 5 6

SEC. 10. FUNDING FOR THE NATIONAL DRUG COURT INSTITUTE.
(a) COMPREHENSIVE, NATIONAL TRAINING

FOR
AND
7 TECHNICAL ASSISTANCE
DRUG COURTS.The Na-
8 tional Drug Court Institute in Alexandria, Virginia shall 9 10 11 12 13 14 15 16 17 18 19 20 21 22 (1) conduct national, comprehensive training programs for State and local communities for the purpose of improving the professional skills of drug court practitioners and enhancing the ability of State and local communities to expand drug courts to reach all addicted citizens in need of their resources; and (2) provide national, comprehensive Technical Assistance to adult, juvenile and family dependency drug courts including a combination of information gathering, needs assessment, cultural proficiency, analysis, problem solving, action planning, referral and follow-up. (b) ANCILLARY PROJECTS.The National Drug
23 Court Institute in Alexandria, Virginia shall complete an24 cillary programs designed to facilitate the expansion and
25 improvement of drug courts nationwide including
HR 2138 IH
10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 (1) a Judicial Task Force to develop a transition plan for new drug court judges; (2) a resource center to maintain and distribute drug court evaluations reviewed in the National Drug Court Institute Review, and to request new research and evaluations for the drug court field; (3) publishing annually the National Drug Court Institute Review to provide research, analysis, and commentary of importance to the drug court field; and (4) searching drug court literature and identify, reprint, and disseminate important and relevant scholarship to the drug court field. (c) AUTHORIZATION
OF
APPROPRIATIONS.There
15 are authorized to be appropriated to the Attorney General 16 to carry out this section $10,000,000 for each of the fiscal 17 years 2010 through 2015 to remain available until ex18 pended. 19 20
SEC. 11. AUTHORIZATION OF APPROPRIATIONS.
Except for section 10, there are authorized to be ap-
21 propriated to the Director to carry out this Act 22 $25,000,000 for each of fiscal years 2010 to 2015.
HR 2138 IH
ADDENDUM 4 Illinois Department of Veterans Affairs and the United States Department of Veterans Affairs
CONTACTS - VETERANS COURTS

National Association of Drug Court Professionals Christopher Deutsch, Associate Director of Communications cdeutsch@nadcp.org Veterans Courts Clearinghouse www.nadcp.org/learn/veterans-treatment-court-clearinghouse National Drug Court Institute veterans court mentor court application www.ndci.org Illinois Department of Veterans' Affairs Dan Grant, Director www.veterans.illinois.gov Superintendent, Veterans Assistance Commission Illinois Counties www.veterans.illinois.gov Kevin Cavanaugh Grants and Special Projects, Illinois Department of Veterans' Affairs Kevin.Cavanaugh@lllinois.gov U.S. Department of Veterans Affairs Veterans Integrated Service Networks - Illinois Chicago VlSN 12, Jesse Brown VA Medical Center, Barry Puhr barry.puhr@VA.GOV Danville, VlSN 11, VA llliana Health Care System, Lori DeYoung Iori.deyoung@VA.GOV Hines, VlSN 12, Edward Hines Jr. VA Hospital, James Seminaroti james.seminaroti@VA.GOV Marion, VlSN 15, Marion VA Medical Center, Adam Coleman adam.coIemanZ@VA.GOV North Chicago, VISN12, North Chicago VA Medical Center, Stephanie James stephanie.james@VA.GOV Veterans Integrated Service Networks - Missouri St. Louis, VlSN 15, St. Louis VA Medical Center-Jefferson Barracks Division, Sarah Shia sarah.shia@VA.GOV
ADDENDUM 5 Veterans Justice Outreach Specialist
Veteran Justice Outreach Specialists (VJOs) for Illinois and Midwest (partial):
Illinois Chicago, VISN 12, Jesse Brown VA Medical Center, Lauran Olson Danville, VISN 11, VA Illiana Health Care System, Lori DeYoung Hines, VISN 12, Edward Hines Jr. VA Hospital, James Seminaroti Marion, VISN 15, Marion VA Medical Center, Adam Coleman North Chicago, VISN 12, North Chicago VA Medical Center, Stephanie James Wisconsin Madison, VISN 12, William S. Middleton Memorial Veterans Hospital, Ed Zapala Milwaukee, VISN 12, Clement J. Zablocki Veterans Affairs Medical Center, Linda Tiso Tomah, VISN 12, Tomah VA Medical Center, Mike Knapp Missouri Columbia, VISN 15, Harry S. Truman Memorial, Danielle Easter Kansas City, VISN 15, Kansas City VA Medical Center, Kelly Winship Mount Vernon, VISN 16, Mount Vernon CBOC, Jeremy Clouse Poplar Bluff, VISN 15, John J. Pershing VA Medical Center, Gary Helle St. Louis, VISN 15, St. Louis VA Medical Center - Jefferson Barracks Division, Matt Miller A complete list can be found at: http://www1.va.gov/HOMELESS/VJO_Contacts.asp
ADDENDUM 6 Eligibility Questionnaire
ADDENDUM 7 Cook County and Madison County Forms
COOK COUNTY FELONY VETERANS TREATMENT COURT (VTC)

(IDENTIFICATION THROUGH ADMISSION TO THE COURT)
CENTRAL BOND COURT

- If there is a FPC and the veteran is eligible, the assignment ASAs in CR 101 will assign the case to CR 204 for VTC
BEFORE PRELIM. HEARING
ASSIGNMENT
POST-ASSIGNMENT
- When the case comes to CR 204 for arraignment, it will be continued to the next scheduled VTC court date
- APD Pre-Trial Services Officer asks detainees about any history of US Military Service
- If the response to the above is positive, the PTS Officer completes the VTC referral form (Attachment 1)
- The VTC referral form is sent to the Program Coordinator who verifies eligibility for VTC, in relation to: - criminal background (CCSAO Supervisor) and - veteran status and benefit level eligibility status (US DVA Staff)
- A 402 Conference is held to further explain the nature and expectations of VTC to ensure the informed consent of the veteran to participate in VTC - The defendant/veteran pleads guilty to the presenting charges and is sentenced to 24 months VTC Probation with conditions including consistent compliance with the service plan developed by the VTC team, mental health and substance abuse assessments/ recommendations, routine drug testing, and regular court appearances - The new VTC participant is immediately introduced to all involved VTC personnel, including US DVA, IDVA, and APD Staff and the assessment/referral process continues
- The self-identified veteran is encouraged to speak with his/her defense attorney about options related to participation in VTC
** Since VTC is a voluntary Program, the defendant/veteran may choose to decline the offer or opt-out of VTC at any time and the case will be transferred to the Regular CR 204 Court Call or returned to CR 101 for re-assignment.
COOK COUNTY FELONY VETERANS TREATMENT COURT (VTC)

(ADMISSION THROUGH TERMINATION FROM THE COURT)
ORIENTATION PERIOD (PARTICIPANT EXPECTATIONS) - Report to VA and PO staff as assigned - Routine Substance Abuse Testing as directed - Participate in development of the Service Plan - Participate in all recommended assessments - Attend all court appearances - Meet with Mentor, regularly - Connect with Mentor, as assigned - Attend all court appearances (VTC TEAM EXPECTATIONS) - Develop initial Service Plan - Case presentation at semi-monthly service planning meeting - Regular meetings with participant, to assess and update, as needed, participant service plan - Develop and implement an Ed/ Voc Plan - Address all Medical Issues - Comply with all aspects of the Service Plan - Routine Substance Abuse Testing as directed - Report to VA and PO as assigned
SERVICE PLAN DEVELOPMENT
ON-GOING TREATMENT PARTICIPATION PROGRAM COMPLETION
- Report to designated VA staff and Probation Officer (PO) as assigned
- Report to VA and PO staff as assigned - Routine Substance Abuse Testing as directed - Participate in development of a transition plan - Implement an on-going service system plan - Implement a plan for ongoing productive activity - Prepare for graduation
- Routine Substance Abuse Testing as directed
- Compliance with all VA and APD recommendations
- Attend all court appearances
- Gather additional records to finalize program acceptance
- Assess participants readiness for graduation - Develop/implement a postcompletion service plan - Present post-completion plan to court
- Schedule appointments for initial assessments
- Schedule first, postadmission appointment with VA and PO staff
- Update case status at semi- Develop goals in all areas of Service monthly service planning meeting Plan - Present case and Service Plan - Connect participant with Mentor Summary at each court date - Facilitate assessment appointments - Explore/implement Ed/Voc plans
- Verify successful engagement in aftercare service plan
STATE OF ILLINOIS CIRCUIT COURT OF COOK COUNTY VETERANS TREATMENT COURT CONTRACT
Defendants Name: ___________________________________________________ Case Number(s):__________________________________ Date: _______________
I agree to participate in and fully satisfy all conditions and requirements of a veterans treatment court, including, but not limited to, medical, mental health, and/or, where indicated, substance abuse treatment program(s) and to submit to any other evaluation recommended by the veterans court team, which consists of the judge, public defender, states attorney, TASC, probation officer, Veterans Administration case manager or Illinois Department of Veterans Affairs case manager, and other treatment provider(s). I will consistently adhere to all components of my treatment, including, but not limited to, attending all counseling sessions, treatment programs (including residential placements), vocational and/or educational programs, taking my medication as prescribed, and engaging in structured daily activities as recommended by the team. I will remain drug and alcohol free for the duration of my sentence. I agree to submit to random urinalysis and/or breathalyzer tests, as required by the court, probation officer/case manager, or treatment provider and to the disclosure of said test results to the team members in open court or otherwise. I understand that I may be asked to participate in self-help groups and other support systems as recommended by the team. I will appear in court as required. I agree to keep the team informed of my current address, employment status, and any new arrests at all times during the program, especially any changes. I understand that it is essential that all members of the team communicate and share information regarding my participation in treatment and current treatment status and I agree to them doing so. I understand that based upon any report (written or oral) of my violation of this agreement, the court may issue a warrant for my arrest, impose any sanctions, including jail time, or otherwise extend, modify, or revoke my treatment plan, or the conditions of my probation.
_______________________________________ Defendant
________________________________________ Assistant States Attorney
_____________________________________ Attorney for Defendant
________________________________________ Judge
Copies: White - Defendant Green - States Attorney Canary - Court Pink - TASC Gold - Probation 9/09
ADDENDUM 8 VA Form 10-5345
OMB Number: 2900-0260 Estimated Burden: 2 minutes
REQUEST FOR AND AUTHORIZATION TO RELEASE MEDICAL RECORDS OR HEALTH INFORMATION

Privacy Act and Paperwork Reduction Act Information: The execution of this form does not authorize the release of information other than that specifically described below. The information requested on this form is solicited under Title 38, U.S.C. The form authorizes release of information in accordance with the Health Insurance Portability and Accountability Act, 45 CFR Parts 160 and 164, 5 U.S.C. 552a, and 38 U.S.C. 5701 and 7332 that you specify. Your disclosure of the information requested on this form is voluntary. However, if the information including Social Security Number (SSN) (the SSN will be used to locate records for release) is not furnished completely and accurately, Department of Veterans Affairs will be unable to comply with the request. The Veterans Health Administration may not condition treatment, payment, enrollment or eligibility on signing the authorization. VA may disclose the information that you put on the form as permitted by law. VA may make a "routine use" disclosure of the information as outlined in the Privacy Act systems of records notices identified as 24VA19 Patient Medical Record - VA and in accordance with the VHA Notice of Privacy Practices. You do not have to provide the information to VA, but if you don't, VA will be unable to process your request and serve your medical needs. Failure to furnish the information will not have any affect on any other benefits to which you may be entitled. If you provide VA your Social Security Number, VA will use it to administer your VA benefits. VA may also use this information to identify veterans and persons claiming or receiving VA benefits and their records, and for other purposes authorized or required by law. The Paperwork Reduction Act of 1995 requires us to notify you that this information collection is in accordance with the clearance requirements of section 3507 of the Paperwork Reduction Act of 1995. We may not conduct or sponsor, and you are not required to respond to, a collection of information unless it displays a valid OMB number. We anticipate that the time expended by all individuals who must complete this form will average 2 minutes. This includes the time it will take to read instructions, gather the necessary facts and fill out the form.
ENTER BELOW THE PATIENT'S NAME AND SOCIAL SECURITY NUMBER IF THE PATIENT DATA CARD IMPRINT IS NOT USED.
TO: DEPARTMENT OF VETERANS AFFAIRS (Print or type name and address of health care facility) PATIENT NAME (Last, First, Middle Initial)
SOCIAL SECURITY NUMBER
NAME AND ADDRESS OF ORGANIZATION, INDIVIDUAL OR TITLE OF INDIVIDUAL TO WHOM INFORMATION IS TO BE RELEASED
VETERAN'S REQUEST: I request and authorize Department of Veterans Affairs to release the information specified below to the organization, or individual named on this request. I understand that the information to be released includes information regarding the following condition(s):
DRUG ABUSE ALCOHOLISM OR ALCOHOL ABUSE TESTING FOR OR INFECTION WITH HUMAN IMMUNODEFICIENCY VIRUS (HIV) SlCKLE CELL ANEMIA
INFORMATION REQUESTED (Check applicable box(es) and state the extent or nature of the information to be disclosed, giving the dates or approximate dates covered by each)
COPY OF HOSPITAL SUMMARY COPY OF OUTPATIENT TREATMENT NOTE(S) OTHER (Specify)
PURPOSE(S) OR NEED FOR WHICH THE INFORMATION IS TO BE USED BY INDIVIDUAL TO WHOM INFORMATION IS TO BE RELEASED
NOTE: ADDITIONAL ITEMS OF INFORMATION DESIRED MAY BE LISTED ON THE BACK OF THIS FORM
AUTHORIZATION: I certify that this request has been made freely, voluntarily and without coercion and that the information given above is accurate and complete to the best of my knowledge. I understand that I will receive a copy of this form after I sign it. I may revoke this authorization, in writing, at any time except to the extent that action has already been taken to comply with it. Written revocation is effective upon receipt by the Release of Information Unit at the facility housing the records. Redisclosure of my medical records by those receiving the above authorized information may be accomplished without my further written authorization and may no longer be protected. Without my express revocation, the authorization will automatically expire: (1) upon satisfaction of the need for disclosure; (2) on (date supplied by patient); (3) under the following condition(s):
I understand that the VA health care practitioner's opinions and statements are not official VA decisions regarding whether I will receive other VA benefits or, if I receive VA benefits, their amount. They may, however, be considered with other evidence when these decisions are made at a VA Regional Office that specializes in benefit decisions.
DATE
SIGNATURE OF PATIENT OR PERSON AUTHORIZED TO SIGN FOR PATIENT (Attach authority to sign, e.g., POA)
FOR VA USE ONLY

IMPRINT PATIENT DATA CARD (or enter Name, Address, Social Security Number) TYPE AND EXTENT OF MATERIAL RELEASED
DATE RELEASED
RELEASED BY
VA FORM MAY 2005
10-5345
USE EXISTING STOCK OF VA FORM 10-5345, DATED NOV 2004.
ADDENDUM 9 Graduation
ADDENDUM 10 Evaluation of Program
ADDENDUM 11 St. Clair County Circuit Court Drug Court Policy Manual
The St. Clair County Circuit Court Adult Drug Court Policy Manual I. Introduction The St. Clair County Circuit Court Adult Drug Court Policy Manual represents a consistent set of principles for the uniform administration of the Adult Drug Court. The Adult Drug Court is one of the divisions of the 20 th Judicial Circuit of the State of Illinois. As an official component of the Circuit Court, broad policy matters affecting the Adult Drug Court are approved by the Circuit Court by administrative order. A.).Purpose of the St. Clair County Adult Drug Court The purpose of the Adult Drug Court is to establish and maintain a specialized docket for non-violent felony drug related arrestees who committed their crime under the influence of drugs or to support their chemical dependency. Additionally, the purpose of the Adult Drug Court includes linking criminal justice processes with treatment approaches to help the offender stop the abuse of alcohol and other drugs and related criminal activity. This mission is accomplished by establishing long-term sobriety and productivity by the defendant through a 15-24 month process of compliance with drug treatment and behavior requirements, which after successful graduation, may culminate in dismissal of the original charges that brought them to the attention of the Adult Drug Court. B.) Authorization of Policies and Procedures Policy and procedures for the operation of the Adult Drug Court shall be established through the Adult Drug Court Policy Manual. The Manual will be approved by the ' Circuit Court pursuant to Administrative Order _____________ The Adult Drug Court Policy Manual provides the framework for the uniform treatment of eligible non-violent-drug dependant offenders. Any change or amendment to this Manual requires the approval of the Court. C.) Release of Information Case-related Information: Adult Drug Court personnel are to regard all case-related materials and information as confidential, and such information cannot be released to anyone without proper authority in accordance with 42 USC, 290dd-2; 42 CFR Part 2; and 20 ILCS 301/30-5(2005.)
The current Federal and State laws as they relate to the release of client information shall bind the operation of the St. Clair County Adult Drug Court on the subject. The legal citation for the Federal Law is 42 USC (United States Code) 290dd-2 and the associated regulations, 42 CFR (Code of Federal Regulations) Part 2. All Adult Drug Court personnel are required to be familiar with the Federal confidentiality regulations regarding alcohol and drug abuse prevention and treatment confidentiality and the associated criminal and civil liability.
II. Drug Court Process

The St. Clair County Adult Drug Court process is a court-supervised, comprehensive treatment program for non-violent offenders. The St. Clair County Adult Drug Court is operated pursuant to and in compliance with the Drug Court Treatment Act, 730 ILCS 166/1 et seq. The Adult Drug Court is a voluntary program that includes regular court appearances before the Drug Court Judge. Treatment, which includes random drug testing, individual and group treatment sessions, and regular attendance at 12-Step meetings, is provided through a contract with a local treatment provider. The Adult Drug Court Team will take a holistic approach to the participant's needs and obtain other needed programming and services beyond the treatment required. The program length, determined by each participant's progress, will be no less the 15 months. A.) Screening Process: The Adult Drug Court is structured so that eligible participants are identified early and placed as quickly as possible in the drug court program. Eligibility screening is based on established written criteria. The screening process is initiated by the Prosecutor's Office. If the prosecutor finds the candidate eligible the candidate is evaluated by TASC. If the evaluation indicates that the candidate is chemically dependent the candidate is referred back to court-where the Judge makes the final determination. B.) Screening Criteria: 1.) Post Adjudicatory Diversion Track: The defendant is nonviolent, and chemically dependent, and arrested on a felony charge. There is no evidence of significant and substantial drug dealing. Defendant has no violent charge, nor history of violence. Defendant is not currently on parole. Defendant does not have evidence of a major mental illness. Defendant voluntarily agrees to participate in the program. Defendant waives due process rights and pleads guilty. Criteria as outlined in the Drug Court Treatment Act, 730 ILCS 166/1 et seq.
2.) Initial Screening for the Post Adjudicatory Track: Using criminal history and other criteria the Prosecuting Attorney of St. Clair County initially screens and approves all candidates for potential admission to the Adult Drug Court. If approved by the Prosecuting Attorney, the Drug Court Coordinator will initiate a referral to TASC (including a copy of the criminal history) for an assessment. TASC will provide a written report to the Drug Court Coordinator and the Court at least 48 hours prior to the individual's court appearance. C. Monitoring and Treatment Process: The St. Clair County Drug Court program includes an initial assessment phase followed by a twophase monitoring and treatment process. 1.) Assessment Phase 1: The assessment phase generally lasts no longer than four to six weeks during which the Prosecuting Attorney, Drug Court Coordinator, TASC and the Court assess a candidate's problems/needs associated with chemical dependency and will provide to the candidate an overview and orientation to the Drug Court Program. During the Assessment Phase the individual will attend pre-treatment groups at either Comprehensive Mental Health Center or Gateway Foundation. If the individual is incarcerated, a 12 step orientation will also be completed by the jail staff. These programs are mandatory. The candidate will also be required to give urine drops as required by the . Court. Note: The below phases assume placement in outpatient treatment. If the defendant enters residential treatment, the prescribed programming will be employed. Following successful completion of the residential component of treatment, the participant will be entered in Phase 2 or 3 for continuing services. 2.) Treatment Phase 2: Participation in Phase 2 is up to 26 weeks and includes but is not limited to the following activities: 9 hours of treatment group counseling/week. 1-2, 12-Step meeting/week and obtain and maintain a sponsor. 1 individual meeting weekly with a Drug Court Probation Officer. Weekly appearance before the Drug Court Judge. (May be reduced to bi-weekly based on progress after 12 weeks of treatment.) Random urinalysis on demand. Pay $25 per month Probation fee and for the cost of all urinalyses upon order of the Court. 3.) Aftercare Phase 3: Participation in Phase 3 is for a minimum of 35 weeks and includes but is not limited to the following activities: 1 group counseling session/week at TASC. Individual counseling as needed. 1-2, 12-Step meetings/Week.
1 individual meeting weekly with a Drug Court Probation Officer. Bi-weekly appearance before the Drug Court Judge. (May be reduced in monthly
based on participant's progress.)
Random urinalysis upon demand. Employed full time or in school full time or complete 20 hours of community service each week until employed or attending school. Pay $25 per month Probation fee and for the cost of all urinalyses. Complete a Life Skills Program as directed by the Court. 4.) Graduation: As each participant successfully completes the requirements of each phase, he/she will be advance to the next phase. Successful graduation from the Drug Court program will result in the dismissal of the original charge(s). To successfully graduate from the Drug Court program a participant must clearly demonstrate that he/she is fully engaged in his/her recovery during the past 6 months as evidenced by the following: Attendance at all required treatment sessions, 12 Step meetings, required meetings with the Probation Officer. 6 months of negative urinalysis. Employed full time or in school full time. All Drug Court fees paid. Engaged with 12-Step sponsor. All community service work hours completed. All Drug Court fees paid if applicable. Completion of a Life Skills Program
III. Key Elements of the Adult Drug Court:

The purpose of the Adult Drug Court is to facilitate an individual's progress in treatment and recovery. The Adult Drug Court is a partnership among the judiciary, the prosecutor, the defense attorney, the Court Services and Probation Department, and the treatment community. All of these partners shed some of their traditional roles and work together as a team. Once a defendant is accepted into the Adult Drug Court, the team's focus is on the participant's recovery and lawabiding behavior rather than on the merits of the pending case. A. Judge: The role of the Judge is to orient new drug court participants and make sure they understand the rules and sanctions, to conduct frequent status hearings, to establish and reinforce drug court policies, to ensure effective supervision of each drug court participant, to apply appropriate incentives, sanctions, and rewards to match the participants treatment progress or punish his/her noncompliance, and to assure payment of fees, fines and/or restitution. B. Prosecuting Attorney: The role of the Prosecuting Attorney is to protect the public's safety by ensuring that each candidate is appropriate for the program and complies with all drug court requirements. The Prosecuting Attorney reviews the case and determines if
the defendant is eligible for the Adult Drug Court, files all necessary legal documents, participates in staffing, assuring that positive drug tests and instances of non-compliance are sanctioned, and participates in decisions regarding a participant's continued enrollment in the program based on performance in treatment rather than on legal aspects of the case, barring additional criminal behavior. C. Defense Attorney: The role of the Defense Attorney (Public or Private) is to protect the participant's due process rights while encouraging full participation. The Defense Attorney reviews all program documents, advises the defendant as to the nature and purpose of the Drug Court, the rules governing participation, the consequences of abiding or failing to abide by the rules and how participating or not participating in the Drug Court will affect his/her interests. The Defense Attorney also explains to the defendant all the rights he/she relinquishes, how important it is to be honest with the Judge and treatment staff, gives advice on alternative courses of action, and discusses with the defendant the long-term benefits of sobriety and drug-free life. D. Drug Court Coordinator: The role of the Drug Court Coordinator is to assist the Judge in the staffing and dockets, coordinate all drug court activities with the Drug Court Team, coordinate the development of case management and management information reporting system activities, disseminate information and implement directives received from the Drug Court Judge, act as the Drug Court liaison with other governmental and nongovernmental agencies and facilitate the day to day operations of the Drug Court, and coordinate the continuing development of Drug Court. E. Drug Court Probation Officers: The Drug Court Probation Officer coordinates a comprehensive interview and assessment to help determine eligibility for the program. Once accepted into the program, the participant is to be oriented by the Probation Officer. The Drug Court Probation Officer's primary function is to monitor and document the participant's progress and compliance with the program requirements. The Drug Court Probation Officer has input into the treatment plans and reinforces the client's lifestyle changes by supporting, encouraging, and educating participants as they move along the recovery process. The Drug-Court Probation Officer participates in staffings and status hearings and makes recommendations for positive or negative sanctions based on the client's progress. F. Treatment Provider: The role of the treatment provider is to develop and implement a treatment plan for each client which addresses areas of addiction, social skills, work skills, relationship issues, and any other area in order to assist the client in living a healthy, sober life. Interventions may include: individual and group counseling, group. education, detoxification, and residential care. The principles and processes delineated in Motivational Enhancement Therapy should guide the treatment provider's approach with the clients in the Drug Court program.
G. TASC: The role of TASC shall be to complete a thorough assessment of the individual's substance abuse history to determine severity of the problem and make recommendations for treatment. The assessment shall contain an extensive review of criminal history.
TASC will also provide a weekly aftercare recovery group in Phase 3. for program participants. H. Evaluator: Lindenwood University shall be the evaluator of the St. Clair County Adult Drug Court. Lindenwood University will devise assessment tools that will be used by the program participants and personnel in Phase I, II, III, and after Graduation.
IV. The Drug Court Treatment System

The St. Clair County Adult Drug Court provides access to a continuum of alcohol and other drug abuse treatment and related rehabilitation services. Alcohol and drug abuse problems are complex and unique to each individual. If treatment is to be effective, a holistic approach to the participant's problems must be taken that not only includes primary alcohol and drug abuse treatment but also primary health care, mental health care, and other social support systems. Characteristics of the Drug Court Treatment System include: Assessment at entry into treatment (drug use, legal problems, family issues, sexually transmitted disease, mental health status, etc.) Various levels of treatment that respond to the individual's needs. Emphasis on 12-Step group participation for long-term sobriety. Access to specialized services that respond to an individual's needs. Licensed and certified treatment counselors who can provide quality planning, education, training. Quality clinical supervision of treatment counselors. Treatment sensitive and relevant to issues of race, culture, religion, gender, age, ethnicity, and sexual orientation. Strong emphasis on relapse prevention. Provider(s) who have established critical linkages with other community resources such as housing, educational and vocational training, money management, anger management, child care capacity, and legal advice.
V. Drug Court Urinalysis Testing Process

Frequent court-ordered testing for alcohol and other drugs is essential. An accurate and reliable testing program is the most objective and efficient way to establish a framework for accountability and to gauge each participant's progress. The individual will hear the cost of all
urinalysis testing at the cost as established by the treatment provider. In addition to provider testing, the Drug Court Coordinator will initiate urinalysis testing as necessary. ' Urine
testing will be conducted in a consistent manner assuring appropriate chain of custody. and necessary precautions. The following shall be included in the procedures: All urinalysis drops must be observed to prevent tampering and sample substitution.
The temperature of each sample must be measured. All necessary forms must be completed consistent. with the contractor's instructions. All results must be reported to the Court within 48 hours. The Drug Court Coordinator will have on file a record of the monthly results of all drug tests administered to Drug Court program participants.
VI. Monitoring and Evaluation of the Adult Drug Court

Fundamental to the effective operation of the Adult Drug Court is monitoring and evaluation. The efficient and effective operation of a drug court is the result of a dynamic process in which key personnel are constantly reviewing to determine what modifications may be in the best interest of the participants and the citizens who are taxpayers. The goals of the Drug Court shall include both process and outcome measures and are concrete and measurable to provide accountability to funding agencies, policymakers, and the general public. The goals of the St. Clair County Adult Drug Court shall include: 75 adult offenders who meet the enrollment criteria will be diverted yearly to the Drug Court program. At least 65% of those participants will successfully graduate from the program. Less than 10% of those who successfully graduate from the program will be rearrested in St. Clair County within the following 24-month period after graduation from the program. The goals of the Drug Court program will be reviewed yearly by the Drug Court Team and may be subjected to revision and the approval of the Court. Additionally, the Drug Court Committee will meet regularly to monitor the progress of the Drug Court and make recommendations to the Court. Lindenwood University will be the evaluator for the program. The Drug Court Coordinator shall be the primary liaison to the University.
VII. Sanctions and Rewards

Addiction is a chronic, relapsing condition. A' pattern of decreasing frequency of use before sustained abstinence from alcohol and other drugs is common. Eventually, participants learn to manage cravings, avoid or deal more effectively with high-risk situations, and maintain sobriety for increasing length of time. Although the Drug Court recognizes that individuals have a tendency to relapse, continuing alcohol and other drug use is not condoned. Drug courts impose appropriate responses for continuing use. Responses increase in severity for continual failure to abstain.
The St. Clair County Adult Drug Court rewards cooperation and honesty as well as. sanctions for noncompliance. Small rewards for incremental successes have an important effect on a participant's sense of purpose and accomplishment. Praise from the Drug Court Judge for positive actions as well as certificates of graduation are but examples of recognition for positive behavior. On the other hand, continued non-compliance must be sanctioned as well. The Adult Drug Court draws the distinction between therapeutic sanctions (imposed when the client is honest about relapse) and behavioral sanctions (imposed when the client misses scheduled treatment or Probation Officer meetings, denies relapse). Therapeutic sanctions may include increased self-help meetings or increased intensity of treatment whereas behavioral sanctions may include additional community service work hours, fines, jail or work release time. It is the intent of the St. Clair County Adult Drug Court to create an environment with clear and certain rules. These rules are definite, clear, and easy to understand. Each participant will be given a "Drug Court Client Handbook" before entrance into the program that clearly delineates the rules.
Sanctions & Rewards

A.) Sanctions: Write an essay to the Judge. Provide more frequent drops. Sign a behavior contract. Report more frequently to your probation officer. Report more frequently to the court. Sit in the court for the entire morning, the entire day or more than one day. Pay for drug retesting. Increase attendance and verify outside meetings. Perform public service work. Be taken into custody. Have your participation .41 the program terminated and be sentenced without the original Drug Court agreement, which may result in a sentence to the Department of Corrections. A change in treatment requirements. A missed court appearance may result in a warrant being issued. Participate in a work day(s) program at the St. Clair County Jail. B.) Rewards: Fewer Court appearances Fewer office visits Fewer treatment sessions Fewer urine drops
CORRECTIONS (730 ILCS 1661) 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)
r-i
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 addiction to drugs. (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 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. (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.)
St. Clair County Adult Drug Court Forms: General Order -Drug Court Application -Continuance Order for Evaluation and Criminal History Drug Court Agreement and Waiver - Drug Court Contract - Waiver of Revocation Hearing --- Notice of Intent to Seek Revocation
St. Clair County Adult Drug Court
IN THE CIRCUIT COURT FOR THE TWENTIETH JUDICIAL CIRCUIT ST. CLAIR COUNTY, ILLINOIS ))) Vs. PEOPLE OF THE STATE OF ILLINOIS ) CASE NO. ) DEFENDANT ST. CLAIR COUNTY ADULT DRUG COURT ORDER This cause coming on to be heard, and the defendant, ________________ , being present ______ not present for his drug court appearance and the Court having reviewed the cause in open court with the drug court team; it is hereby ordered as follows: )
Adult Drug Court Judge
IN THE CIRCUIT COURT FOR THE TWENTIETH JUDICIAL CIRCUIT ST. CLAIR COUNTY, ILLINOIS PEOPLE OF THE STATE OF ILLINOIS Vs. DEFENDANT ) )) ) ) ) ST. CLAIR COUNTY ADULT DRUG COURT APPLICATION Now comes the above captioned defendant and petitions this court to file an application to participate in the St. Clair County Adult Drug Court Program, by filing this application the defendant acknowledges and agrees to the following: 1. Defendant shall comply with all evaluations requested by Probation and ordered by the Court. 2. Defendants on bond shall attend and actively participate in all preadmission groups through Gateway or Comprehensive Mental Health. Defendants in custody shall attend and actively participate in an appropriate program in the St. Clair County Jail, as directed by the Drug Court. 3. Defendant shall submit to any and all chemical testing urinalysis requested by the Probation Department. 4. Defendant shall sign any and all release of information forms. 5. Upon application to St. Clair County Adult Drug Court, the defendant and defendant's attorney authorize the exchange of information between the St. Clair County Drug Court Agencies (the Program Coordinator, Department of Probation and Court Services, the Public Defender's Office, and the State's Attorneys Office,) designated treatment providers and related agencies as is necessary to determine eligibility for the Drug Court Program. 6. Defendant has signed a Drug Court Agreement and Waiver which lists the terms and conditions to which the petitioner agrees, if accepted by the Court, for participation in the program. Defendant understands that if he/she is not accepted into the program, he/she can withdraw the plea or proceed to sentencing. Signature of Defendant On bond _____ In custody CASE NO.)
Printed Name of Attorney/ Phone No.
Date
IN THE CIRCUIT COURT FOR THE TWENTIETH JUDICIAL CIRCUIT ST. CLAIR COUNTY, ILLINOIS PEOPLE OF THE STATE OF ILLINOIS Vs. ) )) ) CASE NO. ) ) DEFENDANT
ST. CLAIR COUNTY ADULT DRUG COURT ORDER IT IS HEREBY ORDERED that this matter is continued to _____________________ at 9:00 AM in Courtroom __________ for status on the Defendant's application, return of the substance abuse evaluation report and verified criminal history report. DATE: ENTER:
JUDGE
IN THE CIRCUIT COURT FOR THE TWENTIETH JUDICIAL CIRCUIT ST. CLAIR COUNTY, ILLINOIS PEOPLE OF THE STATE OF ILLINOIS ) ) )) ) Vs. ) 4
CASE NO.
DEFENDANT ST. CLAIR COUNTY ADULT DRUG COURT AGREEMENT AND WAIVER THE UNDERSIGNED, IN SUPPORT OF A PETITION for admission into the St. Clair County Drug Court Program, agrees to the terms, conditions and waivers set forth herein upon acceptance by the Court for participation in the Drug Court Program: Name: Address:
Phone: CRIMINAL CHARGES - - - PROCEEDINGS AND WAIVER 1. Upon arrest, and the filing of charges, I hereby waive my right to both an indictment and a preliminary hearing and agree to proceed upon an information. Further, I admit the allegations of the information, waiving all Constitutional and Legislative rights and procedures. I specifically waive my right to a trial either by a jury or a judge, the right to confront the witnesses against me, the right to subpoena witnesses and put on a defense, and my privilege against selfincrimination. I further understand that the prosecution of said charge will be held in abeyance by the Court pending successful completion of my treatment program. I further understand that my failure to complete the Drug Court Treatment Program will result in a conviction and appropriate sentence. I further understand that if I am not accepted into the program, I can withdraw my plea or proceed to sentencing. 2. I understand and agree that the Court has the discretion to terminate me from the Drug Court Program if I am arrested and formally charged with a new crime while I am participating in the program, or in the event I have been convicted of a violent crime within the last ten (10) years, I shall be discharged from the program.
3. I understand that upon successful completion of the Drug Court Program, the Court will grant my motion to dismiss the pending criminal charge. Further, the prosecutor is barred from reinstating the matter at any future date, and will not object to an Expungement Order if and when one is properly brought. 4. I agree to satisfactorily complete a diagnostic evaluation for my Drug Treatment Program as ordered by the Court. I authorize the release of all evaluations, test results and treatment information to the court. The information so released may not be used by the prosecutor as evidence in support of additional charges, and shall be used by the Court in determining my treatment progress and my status in the program. 5. I agree to complete the Treatment Program within the twenty-four (24) month period. This period may be reduced or expanded by mutual agreement between the Court and myself. 6. I understand and agree that any failure on my part to abide and comply with the Treatment Program will result in a Failure to Comply Hearing before the Court, which can result in termination of the Program, imposition of sanctions or a modification in the Treatment Program. 7. I agree to keep the Court and Treatment Provider advised of any change of address, phone number, marital status, employment status, living conditions and other relevant information requested by the Court or Treatment Provider. Failure to do so may result in the imposition of sanctions. 8. I understand and agree that the court or Treatment Provider may order me to pay a fee for participation in the Program and for treatment services. Any fee will be based on ability to pay, availability of insurance or public assistance. I understand that failure to complete the program will not excuse my obligation to pay any fees assessed. 9. I agree to pay all court costs which are assessed and to make full and complete restitution to any victims in this matter within twelve (12) months. I HAVE READ THE FOREGOING STATEMENT of the rights I will be waiving and the conditions under which I will be entering the St. Clair County Drug Court Program. I further agree to execute a contract detailing my Treatment Program, including sanctions that may be imposed by the Court or any of its agencies.
Petitioner's Signature
Date
IN THE CIRCUIT COURT FOR THE TWENTIETH JUDICIAL CIRCUIT ST. CLAIR COUNTY, ILLINOIS ) PEOPLE OF THE STATE OF ILLINOIS Vs. ) ) DEFENDANT ) ST. CLAIR COUNTY ADULT DRUG COURT CONTRACT This contract between _____________________________ , Defendant and Circuit Judge____________________________________ pursuant to the defendant's request for entry into the Drug Diversion Program. The Drug Diversion Program is for a duration of twenty-four (24) months and consists of four (4) Phases described as follows: Phase 1: Assessment. The assessment phase generally lasts no longer than four to six weeks during which the Prosecuting Attorney, Drug Court Coordinator, TASC and the Court assess a candidate's problems/needs associated with chemical dependency and will provide to the candidate an overview and orientation to the Drug Court Program. During the Assessment Phase the individual will attend pre-treatment groups at either the Comprehensive Mental Health Center or Gateway Foundation. If the individual is incarcerated, a 12 step orientation will also be required to give urine drops as required by the Court.. Phase 2: Treatment. Participation in Phase 2 is up to 26 weeks and includes but is not limited to the following activities: 9 hours of treatment group counseling per week. 1-2 12-step meeting per week and obtain and maintain a sponsor. 1 individual meeting weekly with a Drug Court Probation Officer. Weekly appearance before the Drug Court Judge (may be reduced to bi-weekly
based on progress after 12 weeks of treatment.)
) )
CASE NO. __
Random urinalysis on demand. Pay $25 per month Probation fee and for the cost of all urinalyses upon order of the Court. . Phase 3: Aftercare. Participation in Phase 3 is for a minimum of 35 weeks and includes but is not limited to the following activities: 1 group counseling session per week at TASC.
Individual counseling as needed. 1-2 12-step meetings per week. 1 individual meeting weekly with a Drug Court Probation Officer. Bi-weekly appearance before the Drug Court Judge. (May be reduced to monthly
appearances based on participant's progress.)
Random urinalysis upon demand. Employed full time or in school full time or complete 20 hours of community service each week until employed or attending school. Pay $25 per month Probation fee and for the cost of all urinalyses. Complete a Life Skills Program as directed by the Court. Phase 4: Graduation. As each participant successfully completes the requirements of each phase, he/she will be advanced to the next phase. Successful graduation frim the Drug Court Program will result in the dismissal of the original charge(s). To successfully graduate from the Drug Court Program a participant must clearly demonstrate that he/she is fully engaged in his/her recovery during the past 6 months as evidenced by the following: Attendance at all required treatment sessions, 12 Step meetings, required meetings with the Probation Officer. 6 months of negative urinalysis Employed full time or in school full time All Drug Court fees paid if applicable Engaged with 12-Step sponsor All community service work hours completed Completion of a Life Skills Program Court Appearances: During Phase 2 the defendant will be scheduled to appear in Drug Court, during scheduled Drug Court hours, once weekly. During Phase 3 court appearances will be once a week, or as ordered by the Court. Attendance is required. Failure to appear in court on time, as scheduled during any phase of this program will result in defendant's bond being revoked and a No-Bond Warrant issued for defendant's arrest. Rewards and Sanctions: Sanctions: Write an essay to the Judge. Provide more frequent urine drops. Sign a behavior contract. Report more frequently to your Probation Officer.
Report more frequently to the court. Sit in the court for the entire morning, the entire day or more than one day. Pay for drug retesting. Increase attendance and verify outside meetings. Perform public service work. Be taken into custody. Have your participation in the program terminated and be sentenced without the original Drug Court agreement, which may. result in a sentence to the Department of Corrections. A change in treatment requirements. A missed court appearance may result in a warrant being issued. Participate in a work day(s) program at the St. Clair County Jail.
* The Court retains discretion as to what sanction is proper and at what Phase. Rewards: Fewer Court appearances Fewer Probation office visits Fewer treatment sessions Fewer urine drops
Defendant
Date
Judge
Date
IN THE CIRCUIT COURT FOR THE TWENTIETH JUDICIAL CIRCUIT ST. CLAIR COUNTY, ILLINOIS PEOPLE OF THE STATE OF ILLINOIS Vs. DEFENDANT ) )) ) )) )
CASE NO.
ST. CLAIR COUNTY ADULT DRUG COURT WAIVER OF REVOCATION HEARING I, ,hereby waive my right to a hearing on revocation from the St. Clair County Drug Court. I understand that my case will proceed to sentencing.
Drug Court Participant
Date Received
IN THE CIRCUIT COURT FOR THE TWENTIETH JUDICIAL CIRCUIT ST. CLAIR COUNTY, ILLINOIS PEOPLE OF THE STATE OF ILLINOIS Vs. ) ) ) ) ) ) ) ST. CLAIR COUNTY ADULT DRUG COURT NOTICE OF INTENT TO SEEK REVOCATION TO: FROM: St. Clair County State's Attorney You are hereby notified that the State's Attorney of St. Clair County is requesting a hearing and an order discharging you from the St. Clair County Drug Court Program. If you are discharged from the program your case will be set for sentencing.
CASE NO.
DEFENDANT
Assistant State's Attorney Received: Drug Court Participant Date Received
ORDER Hearing on Revocation from the St. Clair County Drug Court Program will be heard on: At _________ Room ___________ Drug Court Judge Date
`.J
ADDENDUM 12 St. Clair County Drug Court Defendants Handbook
ADDENDUM 13 Mentoring Training
Help A Vet! Mentoring Training Program

I. II. Orientation to the Criminal Justice System Mentoring Process A. B. C. D. E. F. G. H. III. IV. V. VI. VII. Criteria/Eligibility/Requirements Recruitment Application Background Check/Screening Interview and Assessment Training Mentoring Match Mentoring Support and Coordination
2010
Responsibilities of a Mentor Role of a Mentor Typical Mentoring Activities Confidentiality Communication Skills A. Basic Communication Skills B. Special Communication Considerations with Veterans
IV.
Overview of Mental Health A. Define Mental Health B. Discussion of Veterans & Mental Health 1. 2. 3. 4. 5. Incidence Most prevalent mental health disorders Signs & Symptoms Treatment Alternatives Follow Up and Aftercare
C. Post Traumatic Stress Disorder (PTSD) 1. 2. 3. 4. 5. 1|Page Define PTSD Incidence Signs & Symptoms Treatment Alternatives Follow Up and Aftercare
Help A Vet! Mentoring Training Program

D. Community Mental Health Resources V. Overview of Substance Abuse A. Define Substance Abuse B. Discussion of Veterans & Substance Abuse 1. 2. 3. 4. Incidence Signs & Symptoms Treatment Alternatives Follow Up and Aftercare
2010
C. Community Resources VI. Crisis Intervention A. Define Crisis Intervention B. Discuss Veterans & Crisis Intervention 1. Incidence 2. Issues most prevalent 3. Signs & Symptoms 4. Crisis Response & Services 5. Follow Up and Aftercare C. Community Crisis Services VIII. Veterans Resources A. Veterans Programs and Services 1. St. Clair County 2. State Veteran Services 3. Federal Veterans Programs B. Veterans Crisis Response
2|Page
NOTES:______________________________________________________________________
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Veterans Court Protocol

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IMPLEMENTING VETERANS COURTS OR PROGRAMS IN THE STATE OF ILLINOIS

TASK FORCE MEMBERS:

Southern Illinois University School of Law

The John Marshall Law School

First Printing June 2010 Second Printing December 2010

IMPLEMENTING VETERANS COURTS OR PROGRAMS IN THE STATE OF ILLINOIS

Identifying the Stakeholders and Players

Beginning the Process

11. 12. 13.

VI. Opening the Court

Madison County St. Clair County

The 10 Key Components of a Drug Court

ADDENDUM 1 Illinois Veterans and Servicemembers Court Treatment Act

Public Act 096-0924 HB5214 Enrolled LRB096 18368 RLC 33745 b

Public Act 096-0924 HB5214 Enrolled LRB096 18368 RLC 33745 b

program within three years of that completion or discharge.

Public Act 096-0924 HB5214 Enrolled LRB096 18368 RLC 33745 b

Public Act 096-0924 HB5214 Enrolled LRB096 18368 RLC 33745 b

Section 5-1101 as follows:

Public Act 096-0924 HB5214 Enrolled LRB096 18368 RLC 33745 b

Public Act 096-0924 HB5214 Enrolled LRB096 18368 RLC 33745 b

Public Act 096-0924 HB5214 Enrolled LRB096 18368 RLC 33745 b

Public Act 096-0924 HB5214 Enrolled LRB096 18368 RLC 33745 b

ADDENDUM 2 Senate Bill 902

111TH CONGRESS 1ST SESSION

To provide grants to establish veterans treatment courts.

IN THE SENATE OF THE UNITED STATES

2 tives of the United States of America in Congress assembled, 3 4

This Act may be cited as the Services, Education,

5 and Rehabilitation for Veterans Act or the SERV Act. 6 7

(a) DELEGATION.The Director of the Office of Na-

VerDate Nov 24 2008

03:53 Apr 28, 2009

2 1 (b) GRANTS.The Attorney General may make

The Attorney General may make grants to States,

(a) IN GENERAL.To request a grant under this

The Federal share of a grant made under this Act

SEC. 6. REPORTS AND EVALUATIONS.

each fiscal year, each recipient of a grant

CONGRESS.The Director, in con-

(a) CONSULTATION.The Attorney General shall

(b) REGULATORY AUTHORITY.

Attorney General may

(a) TECHNICAL ASSISTANCE

9 1 (b) EVALUATIONS.The Attorney General may pro-

2 vide for evaluations in furtherance of the purposes of this 3 Act. 4 5 6

(a) COMPREHENSIVE, NATIONAL TRAINING

DRUG COURTS.The Na-

8 tional Drug Court Institute in Alexandria, Virginia, 9 shall 10 11 12 13 14 15 16 17 18 19 20 21 22 23

24 Court Institute in Alexandria, Virginia, shall complete an-

Except for section 10, there are authorized to be ap-

ADDENDUM 3 House Bill 2138

111TH CONGRESS 1ST SESSION

To provide grants to establish veterans treatment courts.

IN THE HOUSE OF REPRESENTATIVES

2 tives of the United States of America in Congress assembled, 3 4

This Act may be cited as the Services, Education,

5 and Rehabilitation for Veterans Act or the SERV Act. 6 7

(a) DELEGATION.The Director of the Office of Na-

VerDate Nov 24 2008

06:42 Apr 29, 2009

2 1 (b) GRANTS.The Attorney General may make

Defendants Name: _______________________________ Case Number(s): Date: _