Ill. Admin. Code tit. 77 § 2060.507

Current through Register Vol. 48, No. 48, December 2, 2024

Section 2060.507 - Designated Program

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.

Ill. Admin. Code tit. 77, § 2060.507