Ill. R. Cir. Ct. Dupage Cnty. 34.05

As amended through September 23, 2024

Rule 34.05 - DUI TREATMENT SERVICES

(a) All providers appearing on the Department's Court Authorized service provider list shall file a Provider Profile and Consent with the Department of Probation and Court Services. Providers shall notify the Department of Probation and Court Services in writing in the event of a change of employee's status, provider, subcontractor or support staff, added or terminated, within ten (10) days of such change.

(b) All staff providing direct service will meet graduate level academic standards and/or have specialized training related to cultural issues as acceptable to the court. These degrees will include but not be limited to licensed clinical social worker (LCSW), licensed social worker (LSW), licensed clinical professional counselor (LCPC), licensed professional counselor (LPC) and/or certified alcohol and drug counselor (CADC).

(c) There will be provisions made by the service provider to accept up to twenty percent (20%) indigent population as referrals in order to appropriately service the DUI offender population.

(d) Treatment providers on the Department's Court Authorized service provider list shall make reasonable efforts to collect fees from the offender prior to completion of services; however, if said fee is not collected by the completion of services, the providers shall not withhold verification of completion from the DuPage County Circuit Court or the Department of Probation and Court Services.

(e) All providers appearing on the Department's Court Authorized service provider list shall file a statement of intent to comply with this rule annually on or before December 31 for the ensuing year. The statement must express the Provider's intention to comply with the provisions of Title 77, Illinois Administrative Code, Chapter X, Subchapter (d), Part 2060 and the 18th Judicial Circuit Court Rules Article 34. The statements shall be filed with the Department of Probation and Court Services. Failure to file a statement of compliance will result in the provider's removal from the Court Authorized service provider list.

(f) Failure to agree to abide by Title 77, Illinois Administrative Code, Chapter X, Subchapters (a-e), Part 2060 and/or the 18th Judicial Circuit Court Rules shall form a basis to deny approved provider status or result in the termination of approved provider status.

(g) In the event a provider is denied approval or removed from the Department's Court Authorized service provider list, that provider may request, in writing, a reconsideration. A provider denied approval or removed from the approval list may petition for approval after a six (6) month period of time.

(h) The Court shall recognize SUPR Licensed Service Providers as being eligible to provide services to DUI offenders. If the DUI offender is sentenced to Probation or to reporting Court Supervision an agency from the Department's Court Authorized service provider list must be selected for DUI services.

(i) DHS Licensed Service Providers who are not on the Department's Court Authorized service provider list (e.g., out-of-state offenders), may provider services only upon the approval of the Court and entry of Court Order.

(j) The Service Provider shall give the Department of Probation and Court Services, 503 N. County Farm Road, Wheaton IL 60187, the designated supervising agency, written notice within five (5) calendar days of any change to the Level of care, or any further services necessary to reduce the offender's risk to public safety as defined by Section 2060.401 of the Illinois Administrative Code.

Minimal Risk - Program Services:

DUI Service Providers shall provide and conduct, pursuant to Title 77, Illinois Administrative Code, Chapter X, Subchapters (a-e), Part 2060, and the Rules of the 18th Judicial Circuit Court, DuPage County, Illinois, a comprehensive driving under the influence Minimal Risk Education Course for those DUI offenders and other misdemeanants referred by the Court to the Department of Probation and Court Services, DuPage County, wherein the nature of the charge, the conduct of the offender or a factor to be considered in sentencing is alcohol or drug related.

According to Section 2060.503 of the Illinois Administrative Code, the Minimal Risk offender has:

no prior convictions or court-ordered supervision for DUI, no prior statutory summary suspensions, and no prior reckless driving convictions reduced from DUI, AND a BAC of less than .15 as a result of the most current arrest for DUI, AND no other symptoms of Substance Use Disorder.

The Minimal Risk program requires the successful completion of a minimum of 10 hours of DUI risk education as defined in Section 2060.505 of the Illinois Administrative Code.

Moderate Risk - Program Services:

DUI Service Providers shall provide and conduct, pursuant to Title 77, Illinois Administrative Code, Chapter X, Subchapters (a-e), Part 2060, and the Rules of the 18th Judicial Circuit Court, DuPage County, Illinois, a comprehensive driving under the influence Moderate Risk program including Early Intervention for those DUI offenders and other misdemeanants referred by the Court to the Department of Probation and Court Services, DuPage county, wherein the nature of the charge, the conduct of the offender or a factor to be considered in sentencing is alcohol or drug related.

According to Section 2060.503 of the Illinois Administrative Code, the Moderate Risk offender has:

no prior convictions or court-ordered supervision for DUI, no prior statutory summary suspensions, and no prior reckless driving conviction reduced from DUI, AND A BAC of .15 to .19 OR a refusal of chemical testing as a result of the most current DUI arrest, AND/OR at most, one symptom of a Substance Use Disorder.

The Moderate Risk program requires the successful completion of a minimum of 10 hours of DUI risk education as defined in Section 2060.505 of the Illinois Administrative Code; a minimum of 12 hours of early intervention as defined in Section 2060.401(a) of the Illinois Administrative Code provided over a minimum of four weeks with no more than three hours per day in any seven consecutive days; subsequent completion of any and all necessary treatment; and after discharge, active in ongoing participation in all activities specified in the ASAM Patient Placement Criteria and shall be conducted by an organization meeting the requirements specified in Section 2060.401 of the Illinois Administrative Code.

The Moderate Risk program shall be designed to address the client's specific needs based upon the nature and extent of his/her substance use; his/her physical, emotional and/or social dysfunction arising from said substance use; the probability of his/her continuing such use and his/her potential for repetition of the sanctioned conduct, having due consideration for his/her strengths and weaknesses.

Significant Risk - Program Services:

DUI Service Providers shall provide and conduct, pursuant to Title 77, Illinois Administrative Code, Chapter X, Subchapters (a-e), Part.2060, and the Rules of the 18th Judicial Circuit Court, DuPage County, Illinois, a comprehensive driving under the influence Significant Risk program, including counseling, individual or group, for those DUI offenders and other misdemeanant referred by the Court to the Department of Probation and Court Services, DuPage County, wherein the nature of the charge, the conduct of the DUI offender or a factor to be considered in sentencing is alcohol or drug related. According to Section 2060.503 of the Illinois Administrative Code, the Significant Risk offender has:

one prior conviction or court-ordered supervision for DUI, or one prior statutory summary suspension, or one prior reckless driving conviction reduced from DUI, AND/OR a BAC of .20 or higher as a result of the most current arrest for DUI, AND/OR 2-3 symptoms of a Substance Use Disorder

The Significant Risk program requires the successful completion of a minimum of 10 hours of DUI risk education as defined in Section 2060.505 of the Illinois Administrative Code; a minimum of 20 hours of substance abuse treatment; and, upon completion of any and all necessary treatment, and after discharge, active on-going participation in all activities specific in the continuing care plan. This treatment shall be as specified in the ASAM Patient Placement Criteria and shall be conducted by an organization meeting the requirements specified in Section 2060.401 of the Illinois Administrative Code.

The above-prescribed treatment sessions shall be designed to address and treat the individual' specific needs based upon the nature and extent of his/her substance use disorder; his/her physical, emotional and/or social dysfunction arising from said substance use disorder; the probability of his/her continuing such use, and his/her repetition of the sanctioned conduct having due regard and consideration for his/her strengths and weaknesses.

High Risk - Program Services:

DUI Service Providers shall provide and conduct, pursuant to Title 77, Illinois Administrative Code, Chapter X, Subchapters (a-e), Part 2060, and the Rules of the 18th Judicial Circuit Court, DuPage County, Illinois, a comprehensive driving under the influence High Risk program including counseling, individual or group, for those DUI offenders and other misdemeanants wherein the nature of the charge, the conduct of the offender or a factor to be considered in sentencing is alcohol or drug related.

According to Section 2060.503 of the Illinois Administrative Code, the High-Risk offender has:

four or more symptoms of a Substance Use Disorder (regardless of driving record), AND/OR within the ten-year period prior to the date of the most current (3^rd or subsequent) DUI arrest, any combination of two prior convictions or court-ordered supervisions for DUI or prior statutory summary suspensions or prior reckless driving convictions reduced from DUI, resulting from separate incidents.

The High-Risk program requires the successful completion of a minimum of 75 hours substance abuse treatment; and upon completion of any and all necessary treatment, and, after discharge, active on-going participation in all activities specified in the continuing care plan, subsequent step-down in Level of Care as deemed appropriate by the treatment provider. This treatment shall be as specified in the ASAM Patient Placement Criteria and shall be conducted by an organization meeting the requirements specified in Section 2060.401 of the Illinois Administrative Code.

The above-prescribed treatment sessions shall be designed to address and treat that specific offender's needs based upon the nature and extent of his/her substance use disorder; his/her physical, emotional and/or social dysfunction arising from said substance use disorder; the probability of his/her continuing such use, and his/her potential for repetition of the sanctioned conduct, having due consideration for his/her strengths and weaknesses.

Ill. R. Cir. Ct. Dupage Cnty. 34.05