IL
Illinois Senate Bill SB1823

Illinois 2025-2026 Regular Session

Illinois Senate Bill SB1823 Compare Versions

Only one version of the bill is available at this time.
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11 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1823 Introduced 2/5/2025, by Sen. Mike Porfirio - Javier L. Cervantes SYNOPSIS AS INTRODUCED: 730 ILCS 167/25730 ILCS 167/25.2 new Amends the Veterans and Servicemembers Court Treatment Act. Provides that if a veteran with a service-connected disability is arrested for or charged with a criminal offense and there is prima facie evidence that the veteran was suffering from an episode of post-traumatic stress disorder or a related mental health condition during the commission of the offense, there is a rebuttable presumption that the veteran is eligible to participate in a veterans and servicemembers court program, and after the arrest or charge, the following procedures shall take place: (1) the veteran shall be evaluated and treated as soon as practicable by a qualified medical professional for post-traumatic stress disorder and any other mental health condition or disorder; and (2) the court shall order a screening and clinical needs assessment and risk assessment and a mental health and substance use disorder screening and assessment. Provides that if a veteran with a service-connected disability is charged for the first time with a criminal offense, including a felony, except certain offenses that would make him or her ineligible to participate in a veterans and servicemembers court program, and suffered from post-traumatic stress disorder or a related mental health condition during the commission of the offense, then, upon successful completion of the terms and conditions of a court program, the court shall dismiss the original charges against the veteran or successfully terminate the veteran's sentence or otherwise discharge the veteran from any further proceedings against the participant in the original prosecution. Establishes certain procedures to be followed when a combat veteran who is a disabled veteran has an episode of post-traumatic syndrome disorder and needs assistance. LRB104 09453 RLC 19513 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1823 Introduced 2/5/2025, by Sen. Mike Porfirio - Javier L. Cervantes SYNOPSIS AS INTRODUCED: 730 ILCS 167/25730 ILCS 167/25.2 new 730 ILCS 167/25 730 ILCS 167/25.2 new Amends the Veterans and Servicemembers Court Treatment Act. Provides that if a veteran with a service-connected disability is arrested for or charged with a criminal offense and there is prima facie evidence that the veteran was suffering from an episode of post-traumatic stress disorder or a related mental health condition during the commission of the offense, there is a rebuttable presumption that the veteran is eligible to participate in a veterans and servicemembers court program, and after the arrest or charge, the following procedures shall take place: (1) the veteran shall be evaluated and treated as soon as practicable by a qualified medical professional for post-traumatic stress disorder and any other mental health condition or disorder; and (2) the court shall order a screening and clinical needs assessment and risk assessment and a mental health and substance use disorder screening and assessment. Provides that if a veteran with a service-connected disability is charged for the first time with a criminal offense, including a felony, except certain offenses that would make him or her ineligible to participate in a veterans and servicemembers court program, and suffered from post-traumatic stress disorder or a related mental health condition during the commission of the offense, then, upon successful completion of the terms and conditions of a court program, the court shall dismiss the original charges against the veteran or successfully terminate the veteran's sentence or otherwise discharge the veteran from any further proceedings against the participant in the original prosecution. Establishes certain procedures to be followed when a combat veteran who is a disabled veteran has an episode of post-traumatic syndrome disorder and needs assistance. LRB104 09453 RLC 19513 b LRB104 09453 RLC 19513 b A BILL FOR
22 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1823 Introduced 2/5/2025, by Sen. Mike Porfirio - Javier L. Cervantes SYNOPSIS AS INTRODUCED:
33 730 ILCS 167/25730 ILCS 167/25.2 new 730 ILCS 167/25 730 ILCS 167/25.2 new
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66 Amends the Veterans and Servicemembers Court Treatment Act. Provides that if a veteran with a service-connected disability is arrested for or charged with a criminal offense and there is prima facie evidence that the veteran was suffering from an episode of post-traumatic stress disorder or a related mental health condition during the commission of the offense, there is a rebuttable presumption that the veteran is eligible to participate in a veterans and servicemembers court program, and after the arrest or charge, the following procedures shall take place: (1) the veteran shall be evaluated and treated as soon as practicable by a qualified medical professional for post-traumatic stress disorder and any other mental health condition or disorder; and (2) the court shall order a screening and clinical needs assessment and risk assessment and a mental health and substance use disorder screening and assessment. Provides that if a veteran with a service-connected disability is charged for the first time with a criminal offense, including a felony, except certain offenses that would make him or her ineligible to participate in a veterans and servicemembers court program, and suffered from post-traumatic stress disorder or a related mental health condition during the commission of the offense, then, upon successful completion of the terms and conditions of a court program, the court shall dismiss the original charges against the veteran or successfully terminate the veteran's sentence or otherwise discharge the veteran from any further proceedings against the participant in the original prosecution. Establishes certain procedures to be followed when a combat veteran who is a disabled veteran has an episode of post-traumatic syndrome disorder and needs assistance.
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1212 1 AN ACT concerning criminal law.
1313 2 Be it enacted by the People of the State of Illinois,
1414 3 represented in the General Assembly:
1515 4 Section 5. The Veterans and Servicemembers Court Treatment
1616 5 Act is amended by changing Sections 25 and by adding Section
1717 6 25.2 as follows:
1818 7 (730 ILCS 167/25)
1919 8 Sec. 25. Procedure.
2020 9 (a) A screening and clinical needs assessment and risk
2121 10 assessment of the defendant shall be performed as required by
2222 11 the court's policies and procedures prior to the defendant's
2323 12 admission into a veteran and servicemembers court. The
2424 13 assessment shall be conducted through the VA, VAC, and/or the
2525 14 IDVA to provide information on the defendant's veteran or
2626 15 servicemember status.
2727 16 Any risk assessment shall be performed using an assessment
2828 17 tool approved by the Administrative Office of the Illinois
2929 18 Courts and as required by the court's policies and procedures.
3030 19 (b) A mental health and substance use disorder screening
3131 20 and assessment of the defendant shall be performed by the VA,
3232 21 VAC, or by the IDVA, or as otherwise outlined and as required
3333 22 by the court's policies and procedures. The assessment shall
3434 23 include, but is not limited to, assessments of substance use
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3838 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1823 Introduced 2/5/2025, by Sen. Mike Porfirio - Javier L. Cervantes SYNOPSIS AS INTRODUCED:
3939 730 ILCS 167/25730 ILCS 167/25.2 new 730 ILCS 167/25 730 ILCS 167/25.2 new
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4141 730 ILCS 167/25.2 new
4242 Amends the Veterans and Servicemembers Court Treatment Act. Provides that if a veteran with a service-connected disability is arrested for or charged with a criminal offense and there is prima facie evidence that the veteran was suffering from an episode of post-traumatic stress disorder or a related mental health condition during the commission of the offense, there is a rebuttable presumption that the veteran is eligible to participate in a veterans and servicemembers court program, and after the arrest or charge, the following procedures shall take place: (1) the veteran shall be evaluated and treated as soon as practicable by a qualified medical professional for post-traumatic stress disorder and any other mental health condition or disorder; and (2) the court shall order a screening and clinical needs assessment and risk assessment and a mental health and substance use disorder screening and assessment. Provides that if a veteran with a service-connected disability is charged for the first time with a criminal offense, including a felony, except certain offenses that would make him or her ineligible to participate in a veterans and servicemembers court program, and suffered from post-traumatic stress disorder or a related mental health condition during the commission of the offense, then, upon successful completion of the terms and conditions of a court program, the court shall dismiss the original charges against the veteran or successfully terminate the veteran's sentence or otherwise discharge the veteran from any further proceedings against the participant in the original prosecution. Establishes certain procedures to be followed when a combat veteran who is a disabled veteran has an episode of post-traumatic syndrome disorder and needs assistance.
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7171 1 and mental and behavioral health needs. The clinical needs
7272 2 assessment shall be administered by a qualified professional
7373 3 of the VA, VAC, or IDVA, or individuals who meet the Department
7474 4 of Human Services substance use prevention and recovery rules
7575 5 for professional staff under 77 Ill. Adm. Code 2060, or an
7676 6 equivalent standard in any other state where treatment may
7777 7 take place, and used to inform any clinical treatment plans.
7878 8 Clinical treatment plans shall be developed, in accordance
7979 9 with the Problem-Solving Court Standards and be based, in
8080 10 part, upon the known availability of treatment resources
8181 11 available to the veterans and servicemembers court. An
8282 12 assessment need not be ordered if the court finds a valid
8383 13 screening or assessment related to the present charge pending
8484 14 against the defendant has been completed within the previous
8585 15 60 days.
8686 16 (c) The judge shall inform the defendant that if the
8787 17 defendant fails to meet the conditions of the veterans and
8888 18 servicemembers court program, eligibility to participate in
8989 19 the program may be revoked and the defendant may be sentenced
9090 20 or the prosecution continued as provided in the Unified Code
9191 21 of Corrections for the crime charged.
9292 22 (d) The defendant shall execute a written agreement with
9393 23 the court as to the defendant's participation in the program
9494 24 and shall agree to all of the terms and conditions of the
9595 25 program, including but not limited to the possibility of
9696 26 sanctions or incarceration for failing to abide or comply with
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107107 1 the terms of the program.
108108 2 (e) In addition to any conditions authorized under the
109109 3 Pretrial Services Act and Section 5-6-3 of the Unified Code of
110110 4 Corrections, the court may order the participant to complete
111111 5 mental health counseling or substance use disorder treatment
112112 6 in an outpatient or residential treatment program and may
113113 7 order the participant to comply with physicians'
114114 8 recommendations regarding medications and all follow-up
115115 9 treatment for any mental health diagnosis made by the
116116 10 provider. Substance use disorder treatment programs must be
117117 11 licensed by the Department of Human Services in accordance
118118 12 with the Department of Human Services substance use prevention
119119 13 and recovery rules, or an equivalent standard in any other
120120 14 state where the treatment may take place, and use
121121 15 evidence-based treatment. When referring participants to
122122 16 mental health treatment programs, the court shall prioritize
123123 17 providers certified as community mental health or behavioral
124124 18 health centers if possible. The court shall consider the least
125125 19 restrictive treatment option when ordering mental health or
126126 20 substance use disorder treatment for participants and the
127127 21 results of clinical and risk assessments in accordance with
128128 22 the Problem-Solving Court Standards.
129129 23 (e-5) The veterans and servicemembers court shall include
130130 24 a regimen of graduated requirements, including individual and
131131 25 group therapy, substance analysis testing, close monitoring by
132132 26 the court, supervision of progress, restitution, educational
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143143 1 or vocational counseling as appropriate, and other
144144 2 requirements necessary to fulfill the veterans and
145145 3 servicemembers court program. Program phases, therapeutic
146146 4 adjustments, incentives, and sanctions, including the use of
147147 5 jail sanctions, shall be administered in accordance with
148148 6 evidence-based practices and the Problem-Solving Court
149149 7 Standards. If the participant needs treatment for an opioid
150150 8 use disorder or dependence, the court may not prohibit the
151151 9 participant from receiving medication-assisted treatment under
152152 10 the care of a physician licensed in this State to practice
153153 11 medicine in all of its branches. Veterans and servicemembers
154154 12 court participants may not be required to refrain from using
155155 13 medication-assisted treatment as a term or condition of
156156 14 successful completion of the veteran and servicemembers court
157157 15 program.
158158 16 (e-10) Recognizing that individuals struggling with mental
159159 17 health, substance use, and related co-occurring disorders have
160160 18 often experienced trauma, veterans and servicemembers court
161161 19 programs may include specialized service programs specifically
162162 20 designed to address trauma. These specialized services may be
163163 21 offered to individuals admitted to the veterans and
164164 22 servicemembers court program. Judicial circuits establishing
165165 23 these specialized programs shall partner with advocates,
166166 24 survivors, and service providers in the development of the
167167 25 programs. Trauma-informed services and programming shall be
168168 26 operated in accordance with evidence-based best practices as
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179179 1 outlined by the Substance Abuse and Mental Health Service
180180 2 Administration's National Center for Trauma-Informed Care
181181 3 (SAMHSA).
182182 4 (f) The Court may establish a mentorship program that
183183 5 provides access and support to program participants by peer
184184 6 recovery coaches. Courts shall be responsible to administer
185185 7 the mentorship program with the support of volunteer veterans
186186 8 and local veteran service organizations, including a VAC. Peer
187187 9 recovery coaches shall be trained and certified by the Court
188188 10 prior to being assigned to participants in the program.
189189 11 (g) Veterans with a service-connected disability and
190190 12 post-traumatic syndrome disorder.
191191 13 (1) If a veteran with a service-connected disability
192192 14 is arrested for or charged with a criminal offense and
193193 15 there is prima facie evidence that the veteran was
194194 16 suffering from an episode of post-traumatic stress
195195 17 disorder or a related mental health condition during the
196196 18 commission of the offense, there is a rebuttable
197197 19 presumption that the veteran is eligible to participate in
198198 20 a veterans and servicemembers court program, and after the
199199 21 arrest or charge, the following procedures shall take
200200 22 place:
201201 23 (i) the veteran shall be evaluated and treated as
202202 24 soon as practicable by a qualified medical
203203 25 professional for post-traumatic stress disorder and
204204 26 any other mental health condition or disorder; and
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215215 1 (ii) the court shall order all the screenings and
216216 2 assessments described in subsections (a) and (b).
217217 3 (2) If a veteran with a service-connected disability
218218 4 is charged for the first time with a criminal offense,
219219 5 including a felony, except for those offenses listed in
220220 6 subsection (b) of Section 20 that would make him or her
221221 7 ineligible to participate in a veterans and servicemembers
222222 8 court program, and suffered from post-traumatic stress
223223 9 disorder or a related mental health condition during the
224224 10 commission of the offense, then, upon successful
225225 11 completion of the terms and conditions of a court program,
226226 12 the court shall dismiss the original charges against the
227227 13 veteran or successfully terminate the veteran's sentence
228228 14 or otherwise discharge the veteran from any further
229229 15 proceedings against the participant in the original
230230 16 prosecution.
231231 17 (Source: P.A. 102-1041, eff. 6-2-22.)
232232 18 (730 ILCS 167/25.2 new)
233233 19 Sec. 25.2. Combat veteran who is disabled and has episode
234234 20 of post-traumatic syndrome disorder and needs assistance.
235235 21 (a) When a combat veteran who is a disabled veteran has an
236236 22 episode of post-traumatic syndrome disorder and needs
237237 23 assistance, the following shall occur:
238238 24 (1) the veteran shall be taken to a VA hospital to get
239239 25 evaluated;
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