Current through Register Vol. 48, No. 12, March 22, 2024
a) The
Department shall designate an organization (hereafter referred to as the
designated program) to provide assessment and case management services for the
Illinois courts. Such services are subject to the exemptions specified in
Section 40-5 of the Act and are for any substance abuser who is charged with or
convicted of a crime and who may elect treatment as an alternative to
incarceration under the supervision of such organization pursuant to the
provisions of Article 40 of the Act.
b) The designated program shall provide the
services specified in this Section in a uniform manner to districts or circuits
of the Illinois courts throughout the State either directly or by subcontract
or referral.
c) The designated
program shall have a written agreement with the Chief Judge of each circuit
court receiving services from the program that identifies such services and
specifies how they will be provided in relation to the operation of that
specific court.
d) Assessment
1) The designated program shall conduct an
assessment, in accordance with the provisions specified in Section
2060.417
of this Part, to determine if the offender is likely to be rehabilitated
through substance abuse treatment.
2) The designated program shall obtain the
offender's informed consent prior to the provision of services.
3) The assessment shall include, at a
minimum, collection of demographic data as specified in Section
2060.325(l)
of this Part.
A) If it is determined that the
offender has had a previous sentence of probation, the designated program shall
request a statement from the relevant probation department.
B) This statement shall, at a minimum,
summarize the offender's probation record, including, when available, known
history of substance use, the identity of any treatment program utilized by the
offender and any record of compliance with court ordered conditions.
4) Upon completion of the
assessment, the designated program shall make a recommendation to the court
relative to the offender's substance use and/or abuse and the likelihood of the
offender's rehabilitation through substance abuse treatment.
A) Such notification to the court shall be
made to the probation department during the offender's pre-sentence
investigation, unless otherwise ordered by the court.
B) The designated program shall send written
notification to the offender regarding the result of the assessment and its
subsequent recommendation.
e) Case Management
1) The designated program shall provide case
management services which will assist the offender with admission to treatment,
assist the court in final dispositions, and assist treatment providers in
identifying any special treatment needs the offender may have. At a minimum,
such services shall include:
A) written
notification to the court regarding the offender's initial or subsequent
admission to treatment which shall include identification of the treatment
program; address and telephone number; the name of the professional treatment
staff assigned to the case; the name, address and telephone number of the
designated program staff assigned to the case; and the date of the admission to
treatment;
B) written monthly
reports to the court relative to the offender's status in treatment;
and
C) a written report summarizing
the offender's treatment and rehabilitation upon discharge from the designated
program.
f)
The designated program shall have mutual linkage agreements with any treatment
program utilized for referrals that ensures communication and documentation of
offender progress in treatment.
g)
The designated program shall identify all criteria that the offender shall meet
in order to participate in the program and how such criteria will be used to
measure the offender's progress in treatment.
h) The designated program shall specify the
method that will be utilized to intervene with an offender should such offender
fail to comply with the program's criteria or those specified in the offender's
treatment plan.
i) The designated
program shall conduct all chemical test services in accordance with the
provisions specified in Section
2060.415(a)
of this Part.
j) The designated
program shall document all court appearances, including any status or violation
hearing and all decisions of the court and any subsequent required actions.
Procedures shall be established to specify the activities required before,
during and after any hearing and the staff responsible for such.
k) The designated program shall maintain
offender records in accordance with the provisions specified in Section
2060.325
of this Part. In addition, each offender record shall include:
1) documentation of the offender's informed
consent and any other consent to release information form;
2) the document which contains the results of
the assessment, including psychological evaluation reports and prior treatment
information that determined the offender's substance abuse problem and
readiness for treatment;
3) a copy
of the notification of assessment results and recommendations to the offender
and the court;
4) copies of any
other correspondence, court order or record of judicial proceedings related to
the assessment or any other case management service;
5) documentation of admission to treatment
and a copy of the notification to the court of such admission;
6) documentation of any chemical test
results;
7) documentation of all
court appearances;
8) written
reports from the treatment provider relative to the offender's progress in
treatment;
9) copies of any warning
letters and/or jeopardy meeting reports;
10) copies of any case conference meeting
report; and
11) copies of all
documents related to the offender's discharge from the designated
program.
l) Offender
Discharge
1) The designated program shall
establish standardized procedures for discharge of the offender from the
designated program. Such procedures shall include, at a minimum:
A) the process for review of offender
progress in treatment to determine if a change in status is
justified;
B) the specific
instances that would lead to a change in offender status and the procedure to
be followed when such determination is made;
C) the process that will be followed when
there is a judicial request to reassess a discharge offender; and
D) a process to ensure that proper notice is
given to the courts and the offender prior to and upon successful or
unsuccessful discharge.
2) The designated program shall send written
reports of successful discharge to the court within ten calendar days after
discharge. Such reports shall contain the offender's intended residency, if
known, summary of treatment progress, and recommendations for any further
treatment.
3) The designated
program shall send written reports of unsuccessful discharge to the courts
within three calendar days after discharge. Such reports shall contain the
offender's intended residency, if known, instructions for continued contact
between the designated program and the courts, and the specific reasons for the
unsuccessful discharge.