IMPLEMENTING VETERANS COURTS OR PROGRAMS IN THE STATE OF ILLINOIS

Transcription

1 IMPLEMENTING VETERANS COURTS OR PROGRAMS IN THE STATE OF ILLINOIS A MANUAL PREPARED BY THE GOVERNOR S 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"

2 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 General s 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

3 IMPLEMENTING VETERANS COURTS OR PROGRAMS IN THE STATE OF ILLINOIS PREPARED BY THE GOVERNOR S 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), ( a. Defining Drug Courts: 10 Key Components, (The Ten Key Components of a Drug Court) b. See Veterans Courts tab, ( 2. Buffalo, New York, Veterans Court, ( 3. 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 ) 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 We recommended review of the following pending federal legislation: a. Senate Bill 902, Addendum 2 b. House Bill 2138, Addendum 3 2

4 II. Identifying the Stakeholders and Players A. Identifying the players 1. Suggested participants may include members of the Judiciary, the State s 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. 3

5 III. Beginning the Process A. Framework We recommend that decisions be made regarding your circuit s 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, ( 20Mentor%20Handbook.pdf) 4

6 c. Reporting d. Adopt necessary forms and waivers 9. 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. 10. 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. 11. Release of information form confidentiality requirement a. VA Form , Addendum Graduation, Addendum 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, ( cy%20and%20procedure%20manual.pdf) 2. St. Clair County Circuit Court Drug Court Policy Manual, Addendum St. Clair County Drug Court Defendants Handbook, Addendum 12 B. Drafting and signing of any administrative orders necessary to establish the court or program should be accomplished. 5

7 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) B. Madison County Honorable Charles V. Romani, Jr. (618) C. St. Clair County Honorable Annette A. Eckert (Ret.) (618)

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

9 ADDENDUM 1 Illinois Veterans and Servicemembers Court Treatment Act (As signed into law June 11, 2010)

10 Public Act HB5214 Enrolled LRB RLC b AN ACT concerning courts. 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.

11 Public Act HB5214 Enrolled LRB RLC 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" means the United States Department of Veterans' 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.

12 Public Act HB5214 Enrolled LRB RLC b "Veterans and Servicemembers Court professional" means a judge, prosecutor, defense attorney, probation officer, or treatment provider involved with the Court program. "Veterans and Servicemembers Court" means a court or program with an immediate and highly 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

13 Public Act HB5214 Enrolled LRB RLC b following: (a) A defendant may be admitted into a Veterans and 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.

14 Public Act HB5214 Enrolled LRB RLC b 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 known availability of treatment resources available to the Veterans and Servicemembers Court. The 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

15 Public Act HB5214 Enrolled LRB RLC b 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 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, order the defendant to complete mental health counseling in an inpatient or outpatient basis, comply with physicians' recommendation regarding medications and all follow up 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) The Veterans and Servicemembers Court program may maintain a network of substance abuse treatment programs representing a continuum of graduated substance abuse 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

16 Public Act HB5214 Enrolled LRB RLC b by either or both. (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 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) The Veterans and Servicemembers Court program may maintain or collaborate with a network of mental health treatment programs and, if it is a co-occurring mental health and substance abuse court program, a network of substance abuse treatment programs representing a continuum of treatment options commensurate with the needs of the defendant and 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

17 Public Act HB5214 Enrolled LRB RLC b 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 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. Section 90. The Counties Code is amended by changing Section as follows: (55 ILCS 5/5-1101) (from Ch. 34, par ) Sec 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

18 Public Act HB5214 Enrolled LRB RLC b guilty or a grant of supervision for violation of the Illinois Vehicle Code other than Section 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 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 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

19 Public Act HB5214 Enrolled LRB RLC b of guilty or a grant of supervision under Section 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

20 Public Act HB5214 Enrolled LRB RLC b 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 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

21 Public Act HB5214 Enrolled LRB RLC b 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 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 , eff ; , eff ; , eff ) Section 99. Effective date. This Act takes effect upon becoming law.

22 ADDENDUM 2 Senate Bill 902 (111 th Congress)

23 II 111TH CONGRESS 1ST SESSION S. 902 To provide grants to establish veteran s 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 veteran s treatment courts Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the Services, Education, and Rehabilitation for Veterans Act or the SERV Act. SEC. 2. VETERAN S TREATMENT COURTS. (a) DELEGATION. The Director of the Office of National Drug Control Policy (referred to in this Act as the 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. VerDate Nov :53 Apr 28, 2009 Jkt PO Frm Fmt 6652 Sfmt 6201 E:\BILLS\S902.IS S902

24 rfrederick on PROD1PC67 with BILLS 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 enti- 5 ties, for the purpose of developing, implementing, or en- 6 hancing veteran s treatment courts or expanding oper- 7 ational drug courts to serve veterans. 8 (c) ELIGIBILITY. Grants under this Act shall be 9 made to veteran s treatment courts and drug courts serv- 10 ing veterans that effectively integrate substance abuse 11 treatment, mental health treatment, mandatory drug test- 12 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 SEC. 3. GRANT AUTHORITY. The Attorney General may make grants to States, State courts, local courts, units of local government, and Indian tribal governments, acting directly or through agreements with other public or private entities, for programs that involve (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 S 902 IS VerDate Nov :53 Apr 28, 2009 Jkt PO Frm Fmt 6652 Sfmt 6201 E:\BILLS\S902.IS S902

25 rfrederick on PROD1PC67 with BILLS 3 1 (2) the integrated administration of other sanc- 2 tions and services, which shall include 3 (A) mandatory periodic testing for the use 4 of controlled substances or other addictive sub- 5 stances during any period of supervised release 6 or probation for each participant; 7 (B) substance abuse and mental health 8 treatment (such as treatment for depression 9 and post-traumatic stress disorder) for each 10 participant; 11 (C) diversion, probation, or other super- 12 vised release involving the possibility of prosecu- 13 tion, confinement, or incarceration based on 14 noncompliance with program requirements or 15 failure to show satisfactory progress; and 16 (D) programmatic, offender management, 17 and aftercare services such as relapse preven- 18 tion, health care, education, vocational training, 19 job placement, housing placement, and child 20 care or other family support services for each 21 participant who requires such services SEC. 4. APPLICATIONS. (a) IN GENERAL. To request a grant under this Act, a State, State court, local court, unit of local government, or Indian tribal government shall submit an applica- S 902 IS VerDate Nov :53 Apr 28, 2009 Jkt PO Frm Fmt 6652 Sfmt 6201 E:\BILLS\S902.IS S902

26 rfrederick on PROD1PC67 with BILLS 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 (1) include a long-term strategy and detailed 8 implementation plan; 9 (2) explain the applicant s inability to fund the 10 program adequately without Federal assistance; 11 (3) certify that the Federal support provided 12 will be used to supplement, and not supplant, State, 13 Indian tribal, and local sources of funding that 14 would otherwise be available; 15 (4) identify related governmental or community 16 initiatives which complement or will be coordinated 17 with the proposal; 18 (5) certify that there has been appropriate con- 19 sultation with all affected agencies, specifically the 20 Department of Veterans Affairs and the Department 21 of Health and Human Services, and that there will 22 be appropriate coordination with all affected agen- 23 cies in the implementation of the program; 24 (6) certify that participating offenders will be 25 supervised by 1 or more designated judges with re- S 902 IS VerDate Nov :53 Apr 28, 2009 Jkt PO Frm Fmt 6652 Sfmt 6201 E:\BILLS\S902.IS S902

27 rfrederick on PROD1PC67 with BILLS 5 1 sponsibility for the veteran s treatment court pro- 2 gram; 3 (7) specify plans for obtaining necessary sup- 4 port and continuing the proposed program following 5 the conclusion of Federal support; and 6 (8) describe the methodology that will be used 7 in evaluating the program. 8 (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 SEC. 5. FEDERAL SHARE. The Federal share of a grant made under this Act may not exceed 75 percent of the total costs of the program described in the application submitted under section 4 for the fiscal year for which the program receives assistance under this Act, unless the Attorney General waives, wholly or in part, the requirement of a matching contribution under this section. In-kind contributions may constitute a portion of the non-federal share of a grant. SEC. 6. REPORTS AND EVALUATIONS. (a) REPORT TO ATTORNEY GENERAL AND THE DI- RECTOR. For each fiscal year, each recipient of a grant under this Act during that fiscal year shall submit to the Attorney General, the Director, and the Secretary for Vet- S 902 IS VerDate Nov :53 Apr 28, 2009 Jkt PO Frm Fmt 6652 Sfmt 6201 E:\BILLS\S902.IS S902

28 erans Affairs a report regarding the effectiveness of activities carried out using that grant. Each report shall include an evaluation in such form and containing such information as the Attorney General may reasonably require. The Attorney General shall specify the dates on which such reports shall be submitted. (b) REPORT TO CONGRESS. The Director, in consultation with the Attorney General, shall submit a yearly report on the effectiveness on the activities carried out under this Act to the House and Senate Committees on the Judiciary and the House and Senate Committees on Veterans Affairs. 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) VETERAN S TREATMENT COURT. The term veteran s 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 ). rfrederick on PROD1PC67 with BILLS S 902 IS VerDate Nov :53 Apr 28, 2009 Jkt PO Frm Fmt 6652 Sfmt 6201 E:\BILLS\S902.IS S902

29 rfrederick on PROD1PC67 with BILLS 7 1 (3) VIOLENT OFFENDER. The term violent 2 offender means a person who 3 (A) is charged with or convicted of an of- 4 fense, during the course of which offense or 5 conduct 6 (i) the person carried, possessed, or 7 used a firearm or dangerous weapon; 8 (ii) there occurred the death of or se- 9 rious bodily injury to any person; or 10 (iii) there occurred the use of force 11 against the person of another, without re- 12 gard to whether any of the circumstances 13 described in clause (i) or (ii) is an element 14 of the offense or conduct of which or for 15 which the person is charged or convicted. 16 (B) has 1 or more prior convictions for a 17 felony crime of violence involving the use or at- 18 tempted use of force against a person with the 19 intent to cause death or serious bodily harm SEC. 8. ADMINISTRATION. (a) CONSULTATION. The Attorney General shall consult with the Secretary of Veterans Affairs, the Secretary of Health and Human Services, and any other appropriate officials in carrying out this Act. (b) REGULATORY AUTHORITY. S 902 IS VerDate Nov :53 Apr 28, 2009 Jkt PO Frm Fmt 6652 Sfmt 6201 E:\BILLS\S902.IS S902

30 (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 General shall ensure that, to the extent practicable, an equitable geographic distribution of grant awards is made under this Act. SEC. 9. TECHNICAL ASSISTANCE, TRAINING, AND EVALUA- TION. (a) TECHNICAL ASSISTANCE AND TRAINING. The Attorney General may provide technical assistance and training in furtherance of the purposes of this Act. rfrederick on PROD1PC67 with BILLS S 902 IS VerDate Nov :53 Apr 28, 2009 Jkt PO Frm Fmt 6652 Sfmt 6201 E:\BILLS\S902.IS S902

31 (b) EVALUATIONS. The Attorney General may provide for evaluations in furtherance of the purposes of this Act. SEC. 10. FUNDING FOR THE NATIONAL DRUG COURT INSTI- TUTE. (a) COMPREHENSIVE, NATIONAL TRAINING AND TECHNICAL ASSISTANCE FOR DRUG COURTS. The National Drug Court Institute in Alexandria, Virginia, shall (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 Court Institute in Alexandria, Virginia, shall complete an- rfrederick on PROD1PC67 with BILLS S 902 IS VerDate Nov :53 Apr 28, 2009 Jkt PO Frm Fmt 6652 Sfmt 6201 E:\BILLS\S902.IS S902

32 rfrederick on PROD1PC67 with BILLS 10 1 cillary programs designed to facilitate the expansion and 2 improvement of drug courts nationwide including 3 (1) a Judicial Task Force to develop a transi- 4 tion plan for new drug court judges; 5 (2) a resource center to maintain and distribute 6 drug court evaluations reviewed in the National 7 Drug Court Institute Review, and to request new re- 8 search and evaluations for the drug court field; 9 (3) publishing annually the National Drug 10 Court Institute Review to provide research, analysis, 11 and commentary of importance to the drug court 12 field; and 13 (4) searching drug court literature and identify, 14 reprint, and disseminate important and relevant 15 scholarship to the drug court field (c) AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Attorney General to carry out this section $10,000,000 for each of the fiscal years 2010 through 2015 to remain available until expended. SEC. 11. AUTHORIZATION OF APPROPRIATIONS. Except for section 10, there are authorized to be appropriated to the Director to carry out this Act $25,000,000 for each of fiscal years 2010 to Æ S 902 IS VerDate Nov :53 Apr 28, 2009 Jkt PO Frm Fmt 6652 Sfmt 6301 E:\BILLS\S902.IS S902

33 ADDENDUM 3 House Bill 2138 (111 th Congress)

34 I 111TH CONGRESS 1ST SESSION H. R To provide grants to establish veteran s 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 veteran s treatment courts Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the Services, Education, and Rehabilitation for Veterans Act or the SERV Act. SEC. 2. VETERAN S TREATMENT COURTS. (a) DELEGATION. The Director of the Office of National Drug Control Policy (referred to in this Act as the 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. VerDate Nov :42 Apr 29, 2009 Jkt PO Frm Fmt 6652 Sfmt 6201 E:\BILLS\H2138.IH H2138

35 WWOODS2 on PRODPC68 with BILLS 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 enti- 5 ties, for the purpose of developing, implementing, or en- 6 hancing veteran s treatment courts or expanding oper- 7 ational drug courts to serve veterans. 8 (c) ELIGIBILITY. Grants under this Act shall be 9 made to veteran s treatment courts and drug courts serv- 10 ing veterans that effectively integrate substance abuse 11 treatment, mental health treatment, mandatory drug test- 12 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 SEC. 3. GRANT AUTHORITY. The Attorney General may make grants to States, State courts, local courts, units of local government, and Indian tribal governments, acting directly or through agreements with other public or private entities, for programs that involve (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 HR 2138 IH VerDate Nov :42 Apr 29, 2009 Jkt PO Frm Fmt 6652 Sfmt 6201 E:\BILLS\H2138.IH H2138

36 WWOODS2 on PRODPC68 with BILLS 3 1 (2) the integrated administration of other sanc- 2 tions and services, which shall include 3 (A) mandatory periodic testing for the use 4 of controlled substances or other addictive sub- 5 stances during any period of supervised release 6 or probation for each participant; 7 (B) substance abuse and mental health 8 treatment (such as treatment for depression 9 and post-traumatic stress disorder) for each 10 participant; 11 (C) diversion, probation, or other super- 12 vised release involving the possibility of prosecu- 13 tion, confinement, or incarceration based on 14 noncompliance with program requirements or 15 failure to show satisfactory progress; and 16 (D) programmatic, offender management, 17 and aftercare services such as relapse preven- 18 tion, health care, education, vocational training, 19 job placement, housing placement, and child 20 care or other family support services for each 21 participant who requires such services SEC. 4. APPLICATIONS. (a) IN GENERAL. To request a grant under this Act, a State, State court, local court, unit of local government, or Indian tribal government shall submit an applica- HR 2138 IH VerDate Nov :42 Apr 29, 2009 Jkt PO Frm Fmt 6652 Sfmt 6201 E:\BILLS\H2138.IH H2138

37 WWOODS2 on PRODPC68 with BILLS 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 (1) include a long-term strategy and detailed 8 implementation plan; 9 (2) explain the applicant s inability to fund the 10 program adequately without Federal assistance; 11 (3) certify that the Federal support provided 12 will be used to supplement, and not supplant, State, 13 Indian tribal, and local sources of funding that 14 would otherwise be available; 15 (4) identify related governmental or community 16 initiatives which complement or will be coordinated 17 with the proposal; 18 (5) certify that there has been appropriate con- 19 sultation with all affected agencies, specifically the 20 Department of Veterans Affairs and the Department 21 of Health and Human Services, and that there will 22 be appropriate coordination with all affected agen- 23 cies in the implementation of the program; 24 (6) certify that participating offenders will be 25 supervised by 1 or more designated judges with re- HR 2138 IH VerDate Nov :42 Apr 29, 2009 Jkt PO Frm Fmt 6652 Sfmt 6201 E:\BILLS\H2138.IH H2138

38 WWOODS2 on PRODPC68 with BILLS 5 1 sponsibility for the veteran s treatment court pro- 2 gram; 3 (7) specify plans for obtaining necessary sup- 4 port and continuing the proposed program following 5 the conclusion of Federal support; and 6 (8) describe the methodology that will be used 7 in evaluating the program. 8 (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 SEC. 5. FEDERAL SHARE. The Federal share of a grant made under this Act may not exceed 75 percent of the total costs of the program described in the application submitted under section 4 for the fiscal year for which the program receives assistance under this Act, unless the Attorney General waives, wholly or in part, the requirement of a matching contribution under this section. In-kind contributions may constitute a portion of the non-federal share of a grant. SEC. 6. REPORTS AND EVALUATIONS. (a) REPORT TO ATTORNEY GENERAL AND THE DI- RECTOR. For each fiscal year, each recipient of a grant under this Act during that fiscal year shall submit to the Attorney General, the Director, and the Secretary for Vet- HR 2138 IH VerDate Nov :42 Apr 29, 2009 Jkt PO Frm Fmt 6652 Sfmt 6201 E:\BILLS\H2138.IH H2138

39 WWOODS2 on PRODPC68 with BILLS 6 1 erans Affairs a report regarding the effectiveness of activi- 2 ties carried out using that grant. Each report shall include 3 an evaluation in such form and containing such informa- 4 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 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) VETERAN S TREATMENT COURT. The term veteran s 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 ). HR 2138 IH VerDate Nov :42 Apr 29, 2009 Jkt PO Frm Fmt 6652 Sfmt 6201 E:\BILLS\H2138.IH H2138

40 WWOODS2 on PRODPC68 with BILLS 7 1 (3) VIOLENT OFFENDER. The term violent 2 offender means a person who 3 (A) is charged with or convicted of an of- 4 fense, during the course of which offense or 5 conduct 6 (i) the person carried, possessed, or 7 used a firearm or dangerous weapon; 8 (ii) there occurred the death of or se- 9 rious bodily injury to any person; or 10 (iii) there occurred the use of force 11 against the person of another, without re- 12 gard to whether any of the circumstances 13 described in clause (i) or (ii) is an element 14 of the offense or conduct of which or for 15 which the person is charged or convicted. 16 (B) has 1 or more prior convictions for a 17 felony crime of violence involving the use or at- 18 tempted use of force against a person with the 19 intent to cause death or serious bodily harm SEC. 8. ADMINISTRATION. (a) CONSULTATION. The Attorney General shall consult with the Secretary of Veterans Affairs, the Secretary of Health and Human Services, and any other appropriate officials in carrying out this Act. (b) REGULATORY AUTHORITY. HR 2138 IH VerDate Nov :42 Apr 29, 2009 Jkt PO Frm Fmt 6652 Sfmt 6201 E:\BILLS\H2138.IH H2138

41 WWOODS2 on PRODPC68 with BILLS 8 1 (1) IN GENERAL. The Attorney General may 2 issue regulations and guidelines necessary to carry 3 out this Act. 4 (2) PARTICIPATION LIMITS. In additional to 5 the general authority provided under paragraph (1), 6 the Attorney General shall 7 (A) issue regulations and guidelines to en- 8 sure that programs authorized in this Act do 9 not permit participation by violent offenders; 10 and 11 (B) immediately suspend funding for any 12 grant under this part, pending compliance, if 13 the Attorney General finds that violent offend- 14 ers are participating in any program funded 15 under this part (c) GEOGRAPHIC DISTRIBUTION. The Attorney General shall ensure that, to the extent practicable, an equitable geographic distribution of grant awards is made under this Act. SEC. 9. TECHNICAL ASSISTANCE, TRAINING, AND EVALUA- TION. (a) TECHNICAL ASSISTANCE AND TRAINING. The Attorney General may provide technical assistance and training in furtherance of the purposes of this Act. HR 2138 IH VerDate Nov :42 May 01, 2009 Jkt PO Frm Fmt 6652 Sfmt 6201 E:\BILLS\H2138.IH H2138

42 WWOODS2 on PRODPC68 with BILLS 9 1 (b) EVALUATIONS. The Attorney General may pro- 2 vide for evaluations in furtherance of the purposes of this 3 Act SEC. 10. FUNDING FOR THE NATIONAL DRUG COURT INSTI- TUTE. (a) COMPREHENSIVE, NATIONAL TRAINING AND TECHNICAL ASSISTANCE FOR DRUG COURTS. The National Drug Court Institute in Alexandria, Virginia shall (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 Court Institute in Alexandria, Virginia shall complete ancillary programs designed to facilitate the expansion and improvement of drug courts nationwide including HR 2138 IH VerDate Nov :42 Apr 29, 2009 Jkt PO Frm Fmt 6652 Sfmt 6201 E:\BILLS\H2138.IH H2138

43 (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 are authorized to be appropriated to the Attorney General to carry out this section $10,000,000 for each of the fiscal years 2010 through 2015 to remain available until expended. SEC. 11. AUTHORIZATION OF APPROPRIATIONS. Except for section 10, there are authorized to be appropriated to the Director to carry out this Act $25,000,000 for each of fiscal years 2010 to Æ WWOODS2 on PRODPC68 with BILLS HR 2138 IH VerDate Nov :42 Apr 29, 2009 Jkt PO Frm Fmt 6652 Sfmt 6301 E:\BILLS\H2138.IH H2138

44 ADDENDUM 4 Illinois Department of Veterans Affairs and the United States Department of Veterans Affairs

45 CONTACTS - VETERANS COURTS National Association of Drug Court Professionals Christopher Deutsch, Associate Director of Communications cdeutsch@nadcp.org Veterans Courts Clearinghouse National Drug Court Institute veterans court mentor court application Illinois Department of Veterans' Affairs Dan Grant, Director Superintendent, Veterans Assistance Commission Illinois Counties 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

46 ADDENDUM 5 Veterans Justice Outreach Specialist

47 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:

48 ADDENDUM 6 Eligibility Questionnaire

49

50 ADDENDUM 7 Cook County and Madison County Forms

51 COOK COUNTY FELONY VETERANS TREATMENT COURT (VTC) (IDENTIFICATION THROUGH ADMISSION TO THE COURT) CENTRAL BOND COURT BEFORE PRELIM. HEARING ASSIGNMENT POST-ASSIGNMENT - APD Pre-Trial Services - The VTC referral form is sent - If there is a FPC and - When the case comes to CR 204 for Officer asks detainees about to the Program Coordinator who the veteran is eligible, arraignment, it will be continued to any history of US Military verifies eligibility for VTC, in the assignment ASAs the next scheduled VTC court date Service relation to: in CR 101 will assign - criminal background the case to CR A 402 Conference is held to - If the response to the above (CCSAO Supervisor) for VTC further explain the nature and is positive, the PTS Officer and expectations of VTC to ensure the completes the VTC - veteran status and informed consent of the veteran to referral form (Attachment 1) benefit level eligibility participate in VTC status (US DVA Staff) - The self-identified veteran - The defendant/veteran pleads guilty is encouraged to speak with to the presenting charges and is his/her defense attorney about sentenced to 24 months VTC options related to participation Probation with conditions including in VTC 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 ** 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.

52 COOK COUNTY FELONY VETERANS TREATMENT COURT (VTC) (ADMISSION THROUGH TERMINATION FROM THE COURT) ORIENTATION PERIOD SERVICE PLAN DEVELOPMENT ON-GOING TREATMENT PARTICIPATION PROGRAM COMPLETION (PARTICIPANT EXPECTATIONS) - Report to designated - Report to VA and PO staff as - Report to VA and PO as assigned - Report to VA and PO staff VA staff and Probation assigned as assigned Officer (PO) as assigned - Routine Substance Abuse Testing - Routine Substance Abuse as directed - Routine Substance Abuse - Routine Substance Testing as directed Testing as directed Abuse Testing as directed - Comply with all aspects of the - Participate in development of Service Plan - Participate in development - Compliance with all the Service Plan of a transition plan VA and APD - Develop and implement an Ed/ recommendations - Participate in all recommended Voc Plan - Implement an on-going assessments service system plan - Attend all court - Address all Medical Issues appearances - Attend all court appearances - Implement a plan for on- - Meet with Mentor, regularly going productive activity - Connect with Mentor, as assigned - Attend all court appearances - Prepare for graduation (VTC TEAM EXPECTATIONS) - Gather additional - Develop initial Service Plan - Regular meetings with participant, - Assess participant s readirecords to finalize to assess and update, as needed, ness for graduation program acceptance - Case presentation at semi-monthly participant service plan service planning meeting - Develop/implement a post- - Schedule appointments - Update case status at semi- completion service plan for initial assessments - Develop goals in all areas of Service monthly service planning meeting Plan - Present post-completion plan - Schedule first, post- - Present case and Service Plan to court admission appointment - Connect participant with Mentor Summary at each court date with VA and PO staff - Verify successful engage- - Facilitate assessment appointments - Explore/implement Ed/Voc plans ment in aftercare service plan

53 STATE OF ILLINOIS CIRCUIT COURT OF COOK COUNTY VETERANS TREATMENT COURT CONTRACT Defendant s 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, state s 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 State s Attorney Attorney for Defendant Judge Copies: White - Defendant Green - State s Attorney Canary - Court Pink - TASC Gold - Probation 9/09

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