Illinois Restricted Driving Permit (RDP) or Reinstatement, Illinois, Secretary of State hearing, Restoration of driver's license

Formal Hearing Request Form

Administrative Hearings Officer Hours

Safety Responsibility Hearing Request Form

How do I get a Restricted Driving Permit (RDP)? An application for a restricted driving permit may be made through an informal hearing or through a written request for a formal hearing.

What are the requirements for receiving a Restricted Driving Permit following a hearing? Requirements depend on the type of restricted driving permit for which you have been approved: Employment, Educational, or Medical. Once approved, you will need to:

1. File proof of Financial Responsibility Insurance

2. Take the driver's license examination at a facility.

3. Have an employer complete an Employment Verification (Educational Verification, medical affidavit, AA/Support Recovery affidavit).

4. Pay an $8 fee for the RDP.

* Note: If suspended (vs. revoked), items 1 and 2 may not be necessary.

A hearing officer presides at a formal hearing at which both testimony and documentary evidence, is heard. The officer is authorized to rule on all motions, administer oaths, subpoena witnesses or documents at the request of any party, examine witnesses and rule upon the admissibility of evidence.

Offenses such as reckless homicide and multiple DUI offenses are handled through formal hearings. An order reflecting the recommendation of the hearing officer and the decision of the Secretary of State is issued. Decisions from a formal hearing are subject to the Administrative Review Law.

A formal hearing must be requested in writing through the U. S. mail. No facsimiles or internet mail requests will be accepted. Petitioners are eligible for a subsequent hearing 90 days following their most recent hearing.

PLEASE NOTE: Any request for a formal hearing must by law be accompanied by a filing fee of FIFTY DOLLARS ($50.00). The fee may be submitted in the form of a check, money order, or by credit card. Payment shall be made payable to the Secretary of State. CASH WILL NOT BE ACCEPTED. If a request is received without the fee attached, the request will be returned and no hearing with be scheduled. This fee is NON-REFUNDABLE.

This is in accordance with Section 2-118 of the Illinois Vehicle Code and 92 Illinois Administrative Code 1001.70.

Formal hearings are held in four locations: Springfield, Chicago, Joliet, and Mt. Vernon. ________________________________________________________________________

INFORMAL HEARINGS

Conducted by an informal hearing officer, these hearings are held at selected Driver Services Facilities. No appointment is necessary.

Informal hearings may result in the issuance of a Restricted Driving Permit or full reinstatement of driving privileges to someone with one alcohol-related offense or sanctions related to lesser moving violations. The hearing officer submits all documentation to the main office in Springfield, and a decision is mailed to the applicant.

Informal hearings decisions cannot be appealed under the Administrative Review Law. Unfavorable decisions may be pursued further through the formal hearing process or through another informal hearing 30 days after the previous hearing.

INFORMAL HEARING REGIONS AND HEADQUARTERS

1. Region 1, consisting of the counties of Jo Daviess, Stephenson, Winnebago, Boone, DeKalb, Lee, Ogle, Whiteside, and Carroll, with headquarters in Rockford.

2. Region 2, consisting of the counties of Rock Island, Henry, Mercer, Knox, Warren, and Henderson, with headquarters in the City of Silvis.

3. Region 3, consisting of the counties of Kendall, Will, Grundy, Kankakee, and Livingston, with headquarters in Joliet.

4. Region 4, consisting of the counties of Fulton, Hancock, McDonough, Stark, Peoria, Woodford, and Tazewell, with headquarters in the City of Peoria.

5. Region 5, consisting of the counties of Iroquois, Ford, Vermilion, Douglas, Edgar, Moultrie, Coles, Clark, Cumberland, Champaign, and Piatt, with headquarters in the City of Champaign.

6. Region 6, consisting of the counties of Mason, Logan, Cass, Menard, Morgan, Sangamon, Scott, Christian, Greene, Macoupin, Schuyler, Adams, Brown, Pike, Shelby, and Montgomery, with headquarters in the Howlett Building, Springfield.

7. Region 7, consisting of the counties of Fayette, Bond, Marion, Clay, Clinton, Washington, Jefferson, Effingham, Jasper, and Crawford, with headquarters in Mt. Vernon.

8. Region 8, consisting of the counties of Calhoun, Jersey, Madison, Randolph, St. Clair, and Monroe, with headquarters in Belleville.

9. Region 9, consisting of the counties of Perry, Franklin, Jackson, Williamson, Saline, Gallatin, Union, Johnson, Pope, Hardin, Alexander, Pulaski, and Massac, with headquarters in Carbondale.

10. Region 10, consisting of the counties of Kane and DuPage, with headquarters in Naperville.

11. Region 11, consisting of the county of Cook, with headquarters in the building where the Department is located in Cook County.

12. Region 12, consisting of the counties of McHenry and Lake, with headquarters in Libertyville.

13. Region 13, consisting of the counties of Bureau, LaSalle, Putnam, and Marshall, with headquarters in the City of LaSalle.

14. Region 14, consisting of the counties of DeWitt, Macon, and McLean, with headquarters in Bloomington.

15. Region 15, consisting of the counties of Wayne, Edwards, Wabash, Lawrence, Richland, Hamilton, and White, with headquarters in Lawrenceville.

________________________________________________________________________ OUT OF STATE HEARINGS

Any out-of-state resident wishing to apply for reinstatement/clearance must make a written request for an Out-Of-State Hearing Application and either fax the request to (217) 524-7982, send e-mail to OOSHearings@ilsos.net, or send a letter through the U.S. mail to:

Office of the Secretary of State Department of Administrative Hearings Howlett Building, Room 208 Springfield, IL 62756

Please provide the following information:

1. Full Name (Include Your Middle Initial) 2. Current Address (Include P. O. Box #, Apt. #, or Lot #) 3. Telephone Number (Day & Evening) 4. Date of Birth 5. Illinois Driver's License Number or Reference Number (If Available) 6. Social Security Number 7. The Year and State of your Last Alcohol/Drug Related Arrest

NOTE: Section 6-208(b)4 of the Illinois Vehicle Code prohibits anyone with a fourth or subsequent arrest, on or after January 1, 1999, in any state, resulting in a fourth or subsequent conviction for driving under the influence of alcohol or other drugs, leaving the scene of an accident involving personal injury or death, reckless homicide, or any combination thereof,,from making application for a license/permit. Both the Illinois driving record and a petitioner's out of state driving records on the Federal National Driver Register "Problem Driver Pointer System" (PDPS) will be considered in determining if there is such a fourth or subsequent arrest and conviction. If there is, no driving relief is available to that petitioner in Illinois.

Any request received for additional or replacement Out-of-State Hearing Applications will require a replacement fee. Examples of requests for additional or replacement applications requiring a fee include, but are not limited to, the following reasons: not following directions when requesting or completing the application; address changes; postal return resulting in not receiving the application; lost or destroyed application; poor handwriting; or, staining or mutilation of the application. After this office has determined that you are requesting an additional or replacement application, you will be notified of the appropriate fee needed to mail your new hearing application. A replacement application fee can only be paid in the form of a money order or check.

PLEASE NOTE: Any Out-Of-State Hearing Application requiring a FORMAL HEARING must by law be accompanied by a filing fee of FIFTY DOLLARS ($50.00). The fee may be submitted in the form of a check, money order or by credit card. Payment shall be made payable to the Secretary of State. CASH WILL NOT BE ACCEPTED.

The Out-Of-State Hearing Application mailed to you will indicate if you are required to have a formal hearing and submit the required filing fee of $50.00. This fee is NON-REFUNDABLE. This is in accordance with Section 2-118 of the Illinois Vehicle Code and 92 Illinois Administrative Code 1001.70.

________________________________________________________________________ SAFETY RESPONSIBILITY HEARINGS

Safety Responsibility Hearing Request Form

The Safety Responsibility Law requires proof of insurance or the ability to pay for damages resulting from an accident within Illinois resulting in bodily injury or death of any person, or damage to the property of any one person in excess of $500.

Hearings are conducted to determine probable fault for motorists involved in crashes. An individual found at fault and not insured faces a license suspension of up to two years.

Safety Responsibility hearings must be requested in writing. Anyone requesting a hearing that is postmarked within 15 days of the mailing date of a suspension notice will be given a full hearing to contest the preliminary finding of the Secretary of State and the suspension will not be imposed pending the results of the hearing. Any request for a hearing postmarked after 15 days of the date of the notice of suspension will be accepted, however, the suspension will be imposed and not delayed pending the outcome of the hearing.

PLEASE NOTE: Any request for a hearing to contest a Safety Responsibility Suspension must by law be accompanied by a filing fee of FIFTY DOLLARS ($50.00). The fee must be submitted in the form of a money order, cashier's or certified check, a check drawn on the account of an attorney of record or an attorney professional corporation of record in the case before the Department, or by credit card. Payment shall be made payable to the Secretary of State. CASH OR PERSONAL CHECKS WILL NOT BE ACCEPTED. This fee is NON-REFUNDABLE. If a request is received without the fee attached, the request will be returned and no hearing will be scheduled.

This is in accordance with Section 2-118 of the Illinois Vehicle Code and 92 Illinois Administrative Code 1001.220.

Decisions from a safety hearing are subject to the Administrative Review Law.

__________________________________________________________

The following is a synopsis of the current rules governing the BAIID Program:

The breath alcohol ignition interlock device is required as a condition of receiving a Restricted Driving Permit (RDP) for persons who have EITHER two or three convictions for Driving Under the Influence (no time limit between offenses) OR either: two Statutory Summary Suspensions (as a result of two DUI arrests), or one conviction for DUI with a Statutory Summary Suspension from a separate DUI arrest-with both of the latter combinations of offenses occurring within ten years. Persons who fall under these categories and apply for an RDP must seek a Formal Hearing with the Secretary of State's Administrative Hearings Department. If as a result of this hearing the person is approved, they must pay to the Office of the Secretary a BAIID fee of $240 and an $8 RDP fee. Upon payment of these fees and fulfilling the other RDP requirements, the person will receive his/her RDP and a map--listing all of the BAIID installation sites within the state of Illinois--in the mail. They then will have fourteen days to choose a BAIID provider and have the device installed. The BAIID RDP holder must then have the device monitored thirty days after its installation, and then every sixty days for as long as the device is required to be installed in the vehicle. In addition to the fees charged by the office of the Secretary of State, persons within the program are also charged various fees by companies which provide the devices. Important Note: RDP holders with two or three DUI convictions are required to install the BAIID on ALL vehicles in which their name appears upon the registration for a period of 12 consecutive months.

Additionally, and mirroring the process to receive the Restricted Driving Permit in the first place, permit holders seeking full restoration of driving privileges must also go through a Formal Hearing. Permit holders with 2 convictions for DUI on their record and who are not yet eligible for full restoration of driving privileges may seek to renew their RDP through an Informal Hearing (available at most Secretary of State Driver Services facilities) for each successive year within their revocation periods. In both Informal and Formal Hearing proceedings, adherence to the BAIID program rules are taken into consideration by the Office of the Secretary of State in deciding whether to grant reinstatement, renewal, or permit cancellation.

Finally, persons who have two or three DUI convictions but have never sought or been granted a Restricted Driving Permit must install the BAIID on ALL vehicles in which their name appears upon the registration for a period of 12 consecutive months. AS A CONDITION OF FULL REINSTATEMENT OF THEIR DRIVER'S LICENSE.

FBAIID Installation Site Map and additional BAIID company information.


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HOW TO OBTAIN A RESTRICTED DRIVING PERMIT OR REINSTATEMENT: Under Illinois law, drivers may apply for reinstatement or a Restricted Driving Permit under certain conditions.

Restricted Driving Permit (RDP) — Partial restoration of
driving privileges, which allows a person to drive in certain
areas, hours and days for employment, medical or
educational purposes when no other form of transportation
is available. The driver must prove a hardship exists and
submit proof of employment, support/recovery group
meetings, need for medical care, or an educational
verification form and class schedule. A person under
statutory summary suspension for a second or third DUI
within five years of the previous one is not eligible for relief
during the period of suspension. If convicted and
imprisoned for reckless homicide or aggravated DUI that was
a proximate cause of a death, no relief may be given until 24
months after release from imprisonment. If convicted of DUI
a second or third time, no relief is allowed for one year from
the effective date of the last revocation. Drivers under age 21
convicted for DUI are not eligible for an RDP until one year
from the effective date of revocation.

Restricted Driving Permit (RDP) Eligibility:
Must provide proof of “undue hardship” because of employment, medical, educational, support group or court ordered community service reasons.

Complete Alcohol/Drug Requirements:
If your record reflects an alcohol/drug related offense, you must complete the following requirements after your consultation: Complete an alcohol/drug evaluation by a Division of Alcoholism and Substance Abuse (DASA)-licensed provider within six months prior to your hearing date.

The evaluator will classify you as one of the following:
Minimal risk:

• Must complete an alcohol/drug remedial education class by a DASA-licensed provider.
Moderate or Significant risk:
• Must complete minimal risk requirements, AND
• Provide proof of completion of early intervention (moderate risk) or recommended alcohol/drug treatment (significant risk) and provide continuing care status report.
High risk:
• Provide proof of completion of recommended treatment and provide continuing care status report. If nondependent, a clinical examination of why dependency was ruled out must be provided, as well as proof of either abstinence or non-problematic use.
• Provide three letters from members of your support/recovery program confirming your participation in the program.
• Provide three letters from independent sources confirming your abstinence from alcohol/drugs.

Informal or Formal Hearing:
An informal hearing is for an offense that did not involve a fatality or for a single alcohol/drug-related offense. A formal hearing is for an offense involving a fatality or for multiple DUI dispositions.

RDP Granted: You will receive your RDP by mail. You have another hearing. You cannot operate a motor vehicle until you have the permit in your possession. If a BAIID is required, it must be installed within 14 days of the RDP.
• Provide proof of financial responsibility within 60 days.
• Pay $8 issuance fee.
• Submit verification of employment, support/recovery group meetings, medical, educational or court-ordered community service need for RDP.
• Take driver’s examination if required.
• If BAIID required, pay $240 BAIID RDP fee.

Denial: You have another hearing. You cannot operate a motor vehicle until you have the permit in your possession. If a BAIID is required, it must be installed within 14 days of the RDP.

Reinstatement Granted: Authorization for New License. You will receive authorization by mail. You may be required to take a full or partial driver’s license exam.

The following requirements must be
completed within six months or you will
have to start the process over:
• Provide proof of financial responsibility.
• Pay reinstatement fee.
• Complete BAIID requirements.
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TERMS AND DEFINITIONS

Breath Alcohol Ignition Interlock Device (BAIID) —
A device that requires a driver to take a breath test and prevents
the vehicle from starting if a certain level of alcohol is detected.A
person issued an RDP who has received,in separate occurrences,
either: two or more DUI convictions; or, within 10 years, one DUI
conviction and one or more statutory summary suspensions, or
two or more statutory summary suspensions, is only allowed to
drive a vehicle equipped with a BAIID. An exception is allowed
for a vehicle owned by the person’s employer and used for
employment purposes only. Additionally, any person who has two
or more ILLINOIS DUI convictions also is required to install a
BAIID for 12 consecutive months on all vehicles owned by that
person.

DUI disposition — A conviction, an implied consent or a
statutory summary suspension for driving under the influence,
reckless homicide or fatal accident if alcohol/drugs were shown
to be a factor.

Consultation — First step in applying for reinstatement of
driving privileges or an RDP after suspension or revocation.
Consultation takes place with an informal hearing officer, who
reviews the applicant’s driving record and explains the
documents required to apply for reinstatement of driving
privileges or an RDP.

Denial — Refusal of any request for reinstatement or an RDP.
Eligibility date — Date a driver can be considered for
reinstatement following revocation or extension order. If “proj.
elig.” indicates N/A, the driver is ineligible for reinstatement or an
RDP.

Formal hearing — Required for a driver whose privileges
have been suspended or revoked for an offense(s) involving a
fatality or multiple DUI dispositions. A formal hearing must be
requested in writing along with a $50 filing fee.

Informal hearing — Required for a driver whose driving
privileges have been suspended or revoked for an offense not
involving a fatality or for a single DUI disposition.Held on a walkin
basis.

Proof of financial responsibility — Required before
reinstatement or issuance of an RDP. Must be filed with the
Secretary of State’s office in the form of a certified policy of
insurance, cash deposit or surety bond, and must be
maintained for three years. Coverage must be for at least
$20,000 for one person killed or injured; $40,000 for two or
more killed or injured; and $15,000 for property damages.
Insurance must be submitted on an SR-22 certificate.

Revocation — Loss of driving privileges for an indefinite
period. A driver may apply for an RDP but cannot apply for
reinstatement until eligible. To regain driving privileges, a
driver must meet certain legal and administrative
requirements. After a fourth or subsequent DUI conviction,
no relief for life.

Reinstatement — Full restoration of driving privileges.
Allows driving at any time and anywhere,provided the driver
has obtained a valid driver's license and is not
suspended/revoked or withdrawn in another state.
Statutory Summary Suspension — Administrative
suspension of driving privileges resulting from a DUI arrest.
A BAC of .08 percent or more, any trace of impairing drugs,
or failure to complete or refusal to test for alcohol or other
drugs results in an automatic suspension, effective the 46th
day the notice is given.This is separate from other criminal
charges filed against the driver.

Suspension — Loss of driving privileges for a period of
time, generally not more than a 12-month period. A person
may apply for an RDP to drive during a suspension;however,
certain suspensions may not allow for an RDP.
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Formal Hearing Officer Locations

17 N. State St., Ste. 1200
Chicago, IL 60602
312-793-3722

275 Howlett Building

Springfield, IL 62756

217-782-7065

218 S. 12th St.
Mount Vernon, IL 62864
618-242-8986

54 N. Ottawa St., 4th Fl.
Joliet, IL 60432
815-740-7171
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Primary Informal Hearing Officer Locations
(3 or more days a week)

Belleville 400 W.Main 618-236-8778
Bloomington 1510 W.Market St. 309-827-3531
Bradley 1111 Blatt 815-933-1713
Carbondale 2516 W.Murphysboro Rd. 618-457-0488
Champaign 2401 W. Bradley Ave. 217-278-3352
Joliet 54 N. Ottawa St., 4th Fl. 815-740-7166
LaSalle 536 Third St. 815-223-4861
Libertyville 342 Peterson Rd. 847-362-8498
Lombard 837 S.Westmore, Ste.B27 630-629-1069
Midlothian 14434 S. Pulaski 708-388-9647
Mt.Vernon 320 E. Main St. 618-244-1183
Naperville 931 W. 75th St., Ste. 161 630-355-5952
Peoria 3311 N. Sterling Ave. 309-686-8779
Sterling Bazaar Shopping Plaza
Rockford 3720 E. State St. 815-394-0329
Springfield 275 Howlett Building,
Second & Edwards Sts. 217-782-7065
Chicago 17 N. State St., Ste 1200 312-814-9598
Chicago Heights 570 W. 209th St. 708-481-0896
Chicago North 5401 N. Elston Ave. 773-794-5821
Chicago South 9901 S.Martin L. King Dr. 773-995-2615
Chicago West 5301 W. Lexington Ave. 773-854-4808
Schaumburg 1227 E. Golf Rd.,
Woodfield Commons 847-619-3318
Silvis 2001 Fifth St., Ste. 10 309-796-1321
Woodstock 428 S. Eastwood Dr. 815-338-3188
_______________________
Part-time Informal Hearing Officer Locations'
(1-2 days a week)

Centralia 418 S.Poplar 618-532-1551
Danville 5 E. Southgate Dr.,Tilton 217-442-1564
Decatur 3149 N.Woodford St. 217-875-1650
Edwardsville 1502A Troy Rd. 618-656-8956
Elgin 595 S. State 847-697-2105
Galesburg 1066 E. Losey 309-342-1154
Lawrenceville 406 N. 15th St. 618-943-7515
Princeton R.R. 2,Backbone Rd. East 815-875-2617
Sterling 1224 W. Fourth St. 815-626-2825
Waukegan 617 S. Green Bay Rd. 847-662-8514
(1-2 days a week)

RULES IN ILLINOIS TRAFFIC, DUI, CRIMINAL CASES CIRCUIT COURT OF COOK COUNTY

PROCEDURES IN ILLINOIS TRAFFIC CASES, QUASI-CRIMINAL CASES AND CERTAIN MISDEMEANORS

11.2 Alcohol and Drug Evaluations in Driving Under the Influence cases (DUI) and Other Serious Traffic Offenses

(a) An alcohol and drug evaluation and recidivist background check shall be made available to the court prior to disposition in the following:

(i) All driving under the influence of alcohol or drug cases.

(ii) Any charge of reckless driving that is a reduced charge of a DUI.

(b) All evaluations shall be filed with the Clerk of the Court. The Clerk shall keep and maintain evaluations separate from general access files and shall release the evaluation as prescribed by law or upon appropriate order of court. The Clerk shall return all evaluations to the evaluation program upon completion of sentence.

[Amended, effective March 26, 1992.]

11.3 Driving While Under the Influence Cases (DUI)

(a) Supervision - Prior to considering a disposition of supervision for a defendant who has been charged with the offense of driving while under the influence of alcohol, other drugs, or a combination thereof, in violation of Section 11-501, of the Illinois Vehicle Code, (Ill. Rev. Stat., 1991, ch. 95 1/2, par. 11-501) [625 ILCS 5/11-501] or a similar provision of a local ordinance, the court shall first review and have made of record each of the following:

(i) The facts and circumstances of the violation with specific attention to the level of alcohol concentration in the defendant's blood and to whether personal injury or property damage occurred in conjunction with the violation.

(ii) The written alcohol/drug evaluation of the defendant prepared by the Central States Institute of Addiction, with specific attention to the determination of the risk to public safety that the defendant presents if he/she continues to drive a motor vehicle. Risk means the specific level (minimal, moderate, significant, or high) assigned to a DUI defendant which describes the defendant's probability of continuing to operate a motor vehicle in an unsafe manner. This level assignment is based upon the following factors: The nature and extent of the defendant's alcohol and/or drug use; the BAC level at the time of arrest; prior dispositions for DUI; and other factors which may include any physical, emotional and/or social dysfunction arising from the use of alcohol and/or other drugs.

(iii) Any alcohol or drug related driving offenses contained in the defendant's driving abstract, as recorded by the Secretary of State's Office, for the preceding five years.

(iv) A DUI recidivist check (a record of any prior order(s) of supervision entered by the Circuit Court of Cook County, and a statement whether the defendant has participated in an alcohol/drug intervention program for a DUI offense) shall be conducted by the Central States Institute of Addiction as part of its evaluation process.

(v) Whether, in connection with the circumstances of the violation, the driving privileges of the defendant have been suspended as a result of a refusal to submit to a chemical test.

(vi) Evidence of all other elements required by law.

(vii) When the defendant requests the sentence of supervision, he/she shall establish:

1. That an order of supervision is in the best interests of the public.

2. That an order of supervision is in the best interests of the defendant and his/her family; and,

3. That there are other matters in mitigation for consideration.

(viii) Any other factors deemed relevant by the court or brought to the attention of the court by either the defendant, the prosecutor or the victim.

(b) Evaluation Program - The Central States Institute of Addiction (C.S.I.), hereinafter referred to as "the evaluation program," shall perform all alcohol/drug evaluations for the court pursuant to the statutory requirements of Section 6-206.1 or Section 11-501, of the Illinois Vehicle Code, (Ill. Rev. Stat., 1991, ch. 95 1/2, par. 6-206.1 and 11-501) [625 ILCS 5/6-206.1, 625 ILCS 5/11-501], similar provisions of a local ordinance or by court order for other misdemeanors wherein the nature of the charge, the conduct of the defendant, or a factor to be considered in sentencing is alcohol/drug related.

(c) Evaluation Program Requirements - The Evaluation Agency shall comply with the following requisites:

(i) The evaluation program shall demonstrate competency in the substance abuse field.

(ii) A representative of the evaluation program shall be present and available to testify on all scheduled court dates.

(iii) The evaluation program shall, on a regular basis, monitor each Level I - Minimal Risk defendant, while that person is assigned to an intervention program and until the termination of the sentence. Required reports shall be made to the court's designated monitoring agency as to the defendant's progress.

(iv) The evaluation program shall charge a fair and reasonable fee. The evaluation program shall have a written policy, acceptable to the court, concerning the acceptance of and the servicing of indigent defendants. The criteria used in the determination of indigency shall be as prescribed by the Department of Alcoholism and Substance Abuse Regulations (D.A.S.A.).

(v) The evaluation program shall establish a network of D.A.S.A. funded agencies for the purpose of providing intervention services, which include inpatient or outpatient treatment and aftercare services to indigent defendants.

(vi) The evaluation program shall provide reports, for both fee paying and indigent clients, within statutory guidelines and on scheduled court dates.

(vii) Reports by the evaluation program shall contain a statement concerning the defendant's recidivism, which shall include a record of any prior orders of supervision not contained in the Secretary of State's driving abstract and a statement whether the defendant has participated in an alcohol/drug intervention program for a prior DUI offense.

(viii) The evaluation program shall not refer or accept a DUI defendant, classified as Risk Level I, into a remedial education program provided within the same program or service. The evaluation program shall not refer or accept a DUI defendant, classified as Risk Level II or III, into a treatment program provided within the same program or service.

(ix) The evaluation program shall have referral agreements with service agencies that provide comprehensive treatment services and adhere to the, to Illinois Department of Alcoholism and Substance Abuse Regulations, and have established procedures that protect the confidentiality of program participants and their records.

(x) The evaluation program shall refer defendants classified as Level I - Minimal Risk, to a remedial education program that maintains that population separate from defendants classified as Level II - Moderate or Significant Risk, or Level III - High Risk. Risk means the specific level (minimal, moderate, significant or high) assigned to a DUI defendant which describes the defendant's probability of continuing to operate a motor vehicle in an unsafe manner. This level assignment is based upon the following factors: The nature and extent of the defendant's alcohol and/or drug use; the BAC level at the time of arrest; prior dispositions for DUI and other factors which include any physical, emotional, and/or social dysfunction arising from the use of alcohol or other drugs.

(xi) C.S.I. shall continue as sole provider of alcohol/drug evaluations for the court as long as it remains a not-for-profit organization and conforms with all requirements contained herein, retains all necessary licenses required by state statute or regulations, and is in compliance with any agreement executed with the Circuit Court of Cook County.

(xii) The evaluation program shall file a statement of compliance with this Rule. This statement must express the program's intention to comply with all of the provisions of Rule 11.3. The statement shall be filed in the Office of the Chief Judge, Circuit Court of Cook County, Richard J. Daley Center, Chicago, Illinois 60602. Failure to file a statement of compliance will result in the non-acceptance of the evaluator's reports for any Circuit Court of Cook County purpose.

(d) Remedial Service Providers - Any licensed program providing a driver remedial education course of study for a defendant charged with the offense of driving while under the influence of alcohol, other drugs, or a combination thereof, in violation of Section 11-501, of the Illinois Vehicle Code, (Ill. Rev. Stat.,1991, ch.95 1/2, par. 11-501) [625 ILCS 5/11-501] or a similar provision of a local ordinance, shall comply with the following:

(i) The remedial education course shall be conducted as prescribed by the Department of Alcoholism and Substance Abuse Regulations.

(ii) The remedial education program shall charge a fair and reasonable fee.

(iii) The remedial education program shall have a written policy, acceptable to the court, concerning the acceptance and servicing of indigent defendants. The criteria used in the determination of indigency shall be as prescribed by the Department of Alcoholism and Substance Abuse Regulations.

(iv) The remedial education program shall maintain classes for defendants classified as Level I - Minimal Risk, separate from defendants classified as Level II - Moderate or Significant Risk, or Level III - High Risk.

(v) The remedial education program shall encourage family members to attend classes with the clients at no additional cost.

(vi) The remedial education program shall report to the court or to the court designated monitoring agency as to the client's progress. Written progress reports, as required by the court, shall be made in a timely manner for both fee paying and indigent defendants.

(vii) The remedial education program shall notify the appropriate prosecuting authority and the designated monitoring agency of a defendant/client's failure to attend and/or complete court ordered remedial education classes. The program shall communicate this information, in writing, to the court within thirty (30) days after said noncompliance.

(viii) The remedial education program that services DUI defendants in the Circuit Court of Cook County must file a statement of compliance with this Rule. This statement must express the program or agency's intention to comply with all of the provisions of Rule 11.3. The statement shall be filed in the Office of the Chief Judge, Circuit Court of Cook County, Richard J. Daley Center, Chicago, Illinois 60602. Failure to file a statement of compliance will result in the non-acceptance of the driver remedial education program report for any Circuit Court of Cook County purpose.

[Amended, effective March 26, 1992.]

11.4 Community Service

(a) All defendants sentenced to community service shall be processed as follows:

(i) The defendant shall be directed to contact the Social Service Department. The Social Service Department will direct the defendant to the appropriate community service program pursuant to the court order. All defendants who are subject by statute to mandatory community service sentences shall be directed to the Sheriff's Community Service Program.

(ii) If a defendant is evaluated as inappropriate for either community service program, the Social Service Department will immediately notify the prosecuting authority. The case will be recalled for reconsideration of the sentence.

(iii) A progress report shall be made to the court regarding the defendant's placement and progress in the community service program as required by the court.

(iv) On the termination date of sentence, the defendant shall appear in court with evidence of the successful completion of all aspects of the court's order.

(b) The defendant shall pay the reasonable costs associated with community service activities ordered by the court whether the agency providing the community service activity is the Sheriff of Cook County or the Social Service Department of the Circuit Court of Cook County. Each community service agency shall establish a schedule of fees and shall uniformly assess fees based upon the defendant's ability to pay.

(c) Defendants who have not satisfactorily completed community service may be resentenced to community service at the discretion of the court and with such modifications as the court deems appropriate.

[Amended, effective March 26, 1992.]


11.5 Termination of Supervision

(a) Whenever a defendant is charged with a crime that has the potential of a jail sentence, he shall be required to return to court on the date set for the termination of supervision.

(b) The court, on the record, shall inquire of the prosecuting authority whether or not there is any objection to the termination.

[Amended, effective March 26, 1992.]

11.6 Monitoring

(a) In all cases where a defendant is placed on Supervision or Conditional Discharge for an alcohol/drug-related misdemeanor driving offense, the Sentencing Order shall indicate that the defendant is to be monitored on a reporting basis by the Social Service Department or their designee. The defendant placed on Supervision or Conditional Discharge shall pay all reasonable costs assessed by the monitoring agency for such monitoring, in addition to fines, costs, surcharges and/or restitution as ordered by the sentencing court.

(b) The monitoring agency shall provide written reports to the sentencing court pursuant to the sentencing order. A final report shall be filed with the court on the scheduled date for termination.

(c) The monitoring agency shall promptly report in writing to the prosecuting authority any violation of the sentencing order or the requirements of the monitoring agency. All violations shall be reported as soon as discovered or no later than thirty (30) days prior to the date of termination of sentence. Nothing herein shall prevent the filing of a violation at any time prior to the termination of the sentence. Upon filing of a Petition for Violation, said petition shall be set for hearing within the period prescribed by law.

[Amended, effective March 26, 1992.]