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 addicted defendants 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 prosecution, 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 Needs offenders who reside in McHenry County, Illinois, who have a current nonviolent felony offense and a DSM-IV-TR diagnosis of substance dependence.
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 15 minutes early for staffing.
Statutory Eligibility - (730 ILCS 166/20) Drug Court Treatment Act
*Section 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
(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
(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 kidnapping, kidnapping, 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
In addition, the following criteria must be met for a referral to be accepted for placement in the Adult Drug Court program:
• A referral involving a crime that is listed in 730 ILCS 166/20 (b) 3 is excluded from eligibility.
• Must be a McHenry County resident/US Citizen.
• Diagnosed with Drug/Alcohol Dependence.
• Must have a current nonviolent felony case.
• Must be 17 years old or older at the time of the arrest.
• High Risk/Need Defendant as determined by the LSI – R.
• Referral must be made within 60 days of first appearance with counsel.
*The following Circumstances will be considered on a case by case basis:
• Violation of Probation (VOP) cases (must meet SAO approval)
• Victim Consent/Restitution
• Possession with Intent to Deliver/Delivery of a Controlled Substance
• DUI Charges are ineligible and will not be considered
*Extenuating circumstances may be reviewed at the discretion of the State’s Attorney and Coordinator with final acceptance/denial coming from the State’s Attorney Office.
Link: 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 DC Coordinator. The referral packet shall be completed in full by the defendant and/or the individual making the referral prior to DC consideration. 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.
Link: 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.
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.