Adult Drug Court

Please email referrals to: specialtycourtreferrals@22ndcircuit.illinoiscourts.gov

Adult Drug Court Referral Forms

Adult Drug Court Participant Handbook

Manual de Participantes Adultos para la Corte de Asuntos de Drogas

MISSION: The Twenty Second Judicial Circuit of McHenry County will operate a proven, fiscally responsible Drug Court Program which promotes public safety and reduces recidivism of defendants with substance use disorders through intensive judicial supervision and treatment.

According to the Bureau of Justice Assistance (2005), an Adult Drug Court is a specially designed court calendar or docket, the purposes of which are to achieve a reduction in recidivism and substance abuse among nonviolent substance abusing offenders and to increase the offender’s likelihood of successful habilitation through early, continuous, and intense judicially supervised treatment, mandatory periodic drug testing, community supervision, and use of appropriate sanctions and other rehabilitation services.

Court Model: The Twenty-Second Judicial Circuit Adult Drug Court has been created in accordance with the policies and procedures set forth in the Illinois Drug Court Treatment Act, 730 ILCS 166/1 et seq. This is a post – adjudicatory drug court program, which means a program in which the Defendant has admitted guilt or has been found guilty and agrees, along with the court, to enter a drug court program as part of the defendant’s sentence. 730 ILCS 5/166/10.

Target Population: The Twenty-Second Judicial Circuit Adult Drug Court’s target population is High Risk/High Need offenders who reside in McHenry County, Illinois, who have a current nonviolent felony offense and a DSM-IV-TR diagnosis of substance use disorder.

Court Status Hearings: Adult Drug Court Status Hearings are held on Thursdays at 2:30 pm in Courtroom 203. Defense Attorneys are expected to arrive at 2:00 pm for staffing.

Eligibility Criteria

Statutory Eligibility – (730 ILCS 166/20) Drug Court Treatment Act

*Section 20. Eligibility.

A defendant may be admitted into a drug court program only upon the agreement of the defendant and with the approval of the court. A defendant agrees to be admitted when a written consent to participate is provided to the court in open court and the defendant acknowledges an understanding of its contents.

(b) A defendant shall be excluded from a drug court program if any of one of the following apply:
(5) The crime is a crime of violence as set forth in clause (4) of this subsection (b).
(6) The defendant denies his or her use of or addiction to drugs.
(7) The defendant does not demonstrate a willingness to participate in a treatment program.
(8) The defendant has been convicted of a crime of violence within the last 5 years excluding incarceration time, parole, and periods of mandatory supervised release. As used in this Section, “crime of violence” means: 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, kidnapping, aggravated battery resulting in great bodily harm or permanent disability, aggravated domestic battery resulting in great bodily harm or permanent disability, aggravated criminal sexual abuse by a person in a position of trust or authority over a child, stalking, aggravated stalking, home invasion, aggravated vehicular hijacking, or any offense involving the discharge of a firearm.

(c ) Notwithstanding subsection (a), the defendant may be admitted into a drug court program only upon the agreement of the prosecutor if:

(1) The defendant is charged with a Class 2 or greater felony violation of:

(A) Section 401, 401.1, 405, 405.2 of the Illinois Controlled Substance Act;

(B) Section 5, 5.1, or 5.2 of the Cannabis Control Act

In addition, the following criteria must be met for a referral to be accepted for placement in the McHenry County Adult Drug Court program:

The Defendant must be a McHenry County resident.
Diagnosed with Drug/Alcohol Dependence.
The Defendant must have a current nonviolent felony case.
The Defendant must be 18 years old or older at the time of the arrest.
Determined to be a Moderate to High Risk/Hight Need Defendant as determined by the Adult Risk Assessment (ARA).
Referral must be made within 60 days of first appearance with counsel.

*The following Circumstances will be considered on a case-by-case basis:

If the offense involves a crime against a person, victim consultation may impact eligibility.
Possession with Intent to deliver.
DUI offenses are not eligible for Drug Court but may be considered for the DUI Court Program if eligibility guidelines are met.

Adult Drug Court Referral Forms – It is the policy of the Twenty -Second Judicial Circuit Adult Drug Court Program that referrals are made directly to the Drug Court Coordinator. To be considered for Adult Drug Court placement, all referrals must be made within 60 days of the defendant’s first court appearance with counsel.

Adult Drug Court Participant Handbook – It is suggested that Defense Attorneys review the Participant Handbook with their client before making a referral. This will facilitate the informed consent process.

For additional information or to make a referral to the Adult Drug Court program, please call 815-334-4502, or email specialtycourtreferrals@22ndcircuit.illinoiscourts.gov.

This project was supported by Grant No. 2011-DC-BX-0024 awarded by the Bureau of Justice Assistance. The Bureau of Justice Assistance is a component of the Office of Justice Programs, which also includes the Bureau of Justice Statistics, the National Institute of Justice, the Office of Juvenile Justice and Delinquency Prevention, the Office for Victims of Crime, the Community Capacity Development Office, and the Office of Sex Offenders Sentencing, Monitoring, Apprehending, Registering, and Tracking. Points of view or opinions in this document are those of the author and do not necessarily reflect the official position or policies of the U.S. Department of Justice.