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.]