HB 5383

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Full Text of HB5383
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	HB5383 - 104th General Assembly
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB5383
Introduced 2/10/2026, by Rep. Kelly M. Cassidy
SYNOPSIS AS INTRODUCED:
New Act
Creates the DUI Treatment Court Act. Provides that the Chief Judge of each judicial circuit may establish a DUI court program in compliance with the Problem-Solving Court Standards. Provides that, at the discretion of the Chief Judge, the DUI court program may be operated in one or more counties of the circuit. Allows defendants from all counties within the circuit to participate. Provides that DUI court programs must be certified by the Illinois Supreme Court. Provides that persons who committed specified offenses are excluded from the DUI court program. Provides that a judge assigned to preside over a DUI treatment court shall have experience, training, and continuing education in specified topics. Provides, subject to appropriation, for mandatory education seminars for DUI court prosecutors and public defenders. Provides that a defendant may be admitted into a DUI court program upon the consent of the defendant and with the approval of the court only if the person has been charged with driving under the influence or aggravated driving under the influence. Provides that, subject to certain limitations, the court may vacate or successfully terminate the participant's sentence or otherwise discharge the participant from any further proceedings upon successful completion of the terms and conditions of the program.
LRB104 19584 RLC 33032 b
A BILL FOR
		HB5383		LRB104 19584 RLC 33032 b
1    AN ACT concerning criminal law.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 1. Short title. This Act may be cited as the DUI
5Treatment Court Act.
6    Section 5. Purposes. The General Assembly recognizes that
7individuals who operate motor vehicles while under the
8influence of alcohol or any other drug or intoxicating
9compound pose a serious public health threat. The General
10Assembly also recognizes that research indicates that the
11majority of people arrested for driving under the influence
12will not reoffend, but that some individuals arrested for DUI
13will continue to drive impaired and will receive multiple DUI
14arrests. The General Assembly recognizes that, for this group
15of drivers, DUI courts, which are based on the problem-solving
16court model and which apply the Ten Guiding Principles for DWI
17Courts promulgated by the National Center for DWI Courts have
18proven to be an effective countermeasure to reduce recidivism.
19It is the intent of the General Assembly to create specialized
20DUI courts that follow problem-solving court principles and
21the Ten Guiding Principles for DWI Courts promulgated by the
22National Center for DWI Courts, in accordance with
23evidence-based practices and the Illinois Supreme Court
		HB5383	- 2 -	LRB104 19584 RLC 33032 b
1Problem-Solving Court Standards.
2    Section 10. Definitions. In this Act:
3    "Certification" means the process by which a
4problem-solving court obtains approval from the Supreme Court
5to operate in accordance with the Problem-Solving Court
6Standards.
7    "DUI program", "DUI court", or "program" means a specially
8designated court, court calendar, or docket facilitating
9intensive therapeutic treatment to monitor and assist
10participants with substance use disorder in making positive
11lifestyle changes and reducing the rate of recidivism. DUI
12programs are nonadversarial in nature and bring together
13substance use disorder professionals, local social programs,
14and monitoring in accordance with the nationally recommended
1510 guiding principles of DUI courts and the Problem-Solving
16Court Standards. Common features of a DUI court program
17include, but are not limited to, a designated judge and staff;
18specialized intake and screening procedures including use of a
19validated DUI risk assessment tool; coordinated treatment
20procedures administered by a trained, multidisciplinary
21professional team; close evaluation of participants, including
22continued assessments and modification of the court
23requirements and use of sanctions, incentives, and therapeutic
24adjustments to address behavior; frequent judicial interaction
25with participants; less formal court process and procedures;
		HB5383	- 3 -	LRB104 19584 RLC 33032 b
1voluntary participation; and a low treatment staff-to-client
2ratio.
3    "DUI court professional" means a member of the DUI court
4team, including, but not limited to, a judge, prosecutor,
5defense attorney, probation officer, coordinator, or treatment
6provider.
7    "Peer recovery coach" means a mentor assigned to a
8defendant during participation in a substance treatment court
9program who has been trained by the court, a service provider
10used by the court for substance use disorder or mental health
11treatment, a local service provider with an established peer
12recovery coach or mentor program not otherwise used by the
13court for treatment, or a Certified Recovery Support
14Specialist certified by the Illinois Certification Board.
15    "Peer recovery coach" includes individuals with lived
16experiences of the issues the problem-solving court seeks to
17address, including, but not limited to, substance use
18disorder, mental illness, and co-occurring disorders or
19involvement with the criminal justice system. "Peer recovery
20coach" includes individuals required to guide and mentor the
21participant to successfully complete assigned requirements and
22to facilitate participants' independence for continued success
23once the supports of the court are no longer available to them.
24    "Post-adjudicatory DUI court program" means a program that
25allows an individual who has admitted guilt or has been found
26guilty, with the defendant's consent and the approval of the
		HB5383	- 4 -	LRB104 19584 RLC 33032 b
1court, to enter a DUI court program as part of the defendant's
2sentence or disposition. All DUI courts shall be
3post-adjudicatory court programs.
4    "Problem-Solving Court Standards" means the statewide
5standards adopted by the Supreme Court that set forth the
6minimum requirements for the planning, establishment,
7certification, operation, and evaluation of all
8problem-solving courts in this State.
9    Section 15. Authorization.
10    (a) The Chief Judge of each judicial circuit may establish
11a DUI court program in compliance with the Problem-Solving
12Court Standards. At the discretion of the Chief Judge, the DUI
13court program may be operated in one or more counties of the
14circuit and allow defendants from all counties within the
15circuit to participate. DUI court programs must be certified
16by the Illinois Supreme Court.
17    (b) Whenever the county boards of 2 or more counties
18within the same judicial circuit determine that a single DUI
19court program would best serve those counties, the county
20board of each such county may adopt a resolution to the effect
21that there shall be a single DUI court program serving those
22counties, and shall provide a copy of the resolution to the
23Chief Judge of the judicial circuit. Upon receipt of such a
24resolution, the Chief Judge may establish or, in the case of an
25existing DUI court program, reorganize a single DUI court
		HB5383	- 5 -	LRB104 19584 RLC 33032 b
1program to serve those counties.
2    Section 20. Eligibility.
3    (a) A defendant may be admitted into a DUI court program
4upon the consent of the defendant and with the approval of the
5court only if the person:
6        (1) has been charged with driving under the influence
7    of alcohol, other drug or drugs, or intoxicating compound
8    or compounds, or any combination thereof under Section
9    11-501 of the Illinois Vehicle Code or a similar provision
10    of a local ordinance;
11        (2) has been charged with aggravated driving under the
12    influence of alcohol, other drug or drugs, or intoxicating
13    compound or compounds, or any combination thereof under
14    subsection (d) of Section 11-501 of the Illinois Vehicle
15    Code, excluding a charge:
16            (A) involving a motor vehicle crash resulting in
17        great bodily harm or permanent disability or
18        disfigurement to another when the violation was a
19        proximate cause of the injuries, in violation of
20        subparagraph (C) of paragraph (1) of subsection (d) of
21        Section 11-501 of the Illinois Vehicle Code.
22            (B) involving a motor vehicle crash resulting in
23        bodily harm, other than great bodily harm or permanent
24        disability or disfigurement, to another person when
25        the violation was a proximate cause of the bodily harm
		HB5383	- 6 -	LRB104 19584 RLC 33032 b
1        and the violation occurred while the person was
2        driving at any speed in a school speed zone at a time
3        when a speed limit of 20 miles per hour was in effect
4        under subsection (a) of Section 11-501 of the Illinois
5        Vehicle Code in violation of subparagraph (E) of
6        paragraph (1) of subsection (d) of Section 11-501 of
7        the Illinois Vehicle Code.
8            (C) involving a motor vehicle, snowmobile,
9        all-terrain vehicle, or watercraft crash resulting in
10        the death of another person when the violation was a
11        proximate cause of the death, in violation of
12        subparagraph (F) of paragraph (1) of subsection (d) of
13        Section 11-501 of the Illinois Vehicle Code.
14            (D) involving a motor vehicle crash resulting in
15        bodily harm, but not great bodily harm, to the child
16        under the age of 16 being transported by the person
17        when the violation was the proximate cause of the
18        injury, in violation of subparagraph (J) of paragraph
19        (1) of subsection (d) of Section 11-501 of the
20        Illinois Vehicle Code.
21    (b) A defendant agrees to be admitted when a written
22consent to participate is provided to the court in open court
23and the defendant acknowledges understanding its contents.
24    (c) A defendant shall be excluded from a DUI court program
25if any one of the following applies:
26        (1) The defendant denies his or her use of alcohol or
		HB5383	- 7 -	LRB104 19584 RLC 33032 b
1    another drug or having a substance use disorder.
2        (2) The defendant does not demonstrate a willingness
3    to participate in a treatment program.
4        (3) The defendant has been convicted of a crime of
5    violence within the past 5 years excluding incarceration
6    time, parole, and periods of mandatory supervised release.
7    As used in this paragraph, "crime of violence" means:
8    first degree murder, second degree murder, predatory
9    criminal sexual assault of a child, aggravated criminal
10    sexual assault, criminal sexual assault, armed robbery,
11    aggravated arson, arson, aggravated kidnaping, kidnapping,
12    aggravated battery resulting in great bodily harm or
13    permanent disability, aggravated domestic battery
14    resulting in great bodily harm or permanent disability,
15    aggravated criminal sexual abuse by a person in a position
16    of trust or authority over a child, stalking, aggravated
17    stalking, home invasion, aggravated vehicular hijacking,
18    or any offense involving the discharge of a firearm.
19    Section 25. Procedure.
20    (a) A DUI evaluation and risk assessment appropriate for
21problem-solving courts and DUI courts of the defendant shall
22be performed as required by the court's policies and
23procedures prior to the defendant's admission into a DUI
24court. The DUI evaluation shall be conducted in accordance
25with the Department of Human Services' DUI evaluation rules.
		HB5383	- 8 -	LRB104 19584 RLC 33032 b
1The DUI evaluation shall include, but is not limited to,
2assessments of the defendant's alcohol use and mental and
3behavioral health needs and the defendant's risk to public
4safety. The DUI evaluation shall be administered by
5individuals approved under the Department of Human Services'
6rules. DUI treatment plans shall be developed in accordance
7with the Problem-Solving Court Standards and in part upon the
8known availability of treatment resources. Any risk assessment
9shall be performed using an assessment tool approved by the
10Administrative Office of the Illinois Courts and as required
11by the court's policies and procedures. An assessment need not
12be ordered if the court finds a valid DUI risk assessment
13related to the present charge pending against the defendant
14has been completed within the previous 60 days.
15    (b) The judge shall inform the defendant that if the
16defendant fails to meet the conditions of the DUI court
17program, eligibility to participate in the program may be
18restored, a previously ordered sentence stay may be lifted, or
19the defendant may be sentenced as provided in the Illinois
20Vehicle Code or the Unified Code of Corrections.
21    (c) The defendant shall execute a written agreement as to
22his or her participation in the program and shall agree to all
23of the terms and conditions of the program, including, but not
24limited to, the possibility of sanctions or incarceration for
25failing to abide or comply with the terms of the program.
26    (d) In addition to any conditions authorized under the
		HB5383	- 9 -	LRB104 19584 RLC 33032 b
1Pretrial Services Act and Section 5-6-3 of the Unified Code of
2Corrections, the court may order the participant to complete
3mental health counseling or substance use disorder treatment
4in an outpatient or residential treatment program and may
5order the participant to comply with physicians'
6recommendations regarding medications and all follow-up
7treatment for any mental health diagnosis made by the
8provider. Substance use disorder treatment programs must be
9licensed by the Department of Human Services in accordance
10with the Department of Human Services' substance use
11prevention and recovery rules, or an equivalent standard in
12any other state where the treatment may take place, and use
13evidence-based treatment.
14    (e) The DUI court program shall include a regimen of
15graduated requirements, including fines, fees, costs,
16restitution, individual and group therapy, substance use
17analysis testing, close monitoring by the court, restitution,
18educational or vocational counseling as appropriate, and other
19requirements necessary to fulfill the DUI court program.
20Program phases, therapeutic adjustments, incentives, and
21sanctions, including the use of jail sanctions, shall be
22administered in accordance with evidence-based practices and
23the Problem-Solving Court Standards. A participant's failure
24to pay program fines or fees shall not prevent the participant
25from advancing phases or successfully completing the program.
26DUI court participants may not be required to refrain from
		HB5383	- 10 -	LRB104 19584 RLC 33032 b
1using medication-assisted treatment as a term or condition of
2successful completion of the DUI court program.
3    (f) Recognizing that individuals struggling with substance
4use disorder and related co-occurring disorders have often
5experienced trauma, DUI court programs may include specialized
6service programs specifically designed to address trauma.
7These specialized services may be offered to individuals
8admitted to the DUI court program. Judicial circuits
9establishing these specialized programs shall partner with
10advocates, survivors, and service providers in the development
11of the programs. Trauma-informed services and programming
12shall be operated in accordance with evidence-based best
13practices as outlined by the Substance Abuse and Mental Health
14Service Administration's National Center for Trauma-Informed
15Care.
16    (g) The court may establish a mentorship program that
17provides access and support to program participants by peer
18recovery coaches. Courts shall be responsible to administer
19the mentorship program with the support of mentors and local
20mental health and substance use disorder treatment
21organizations.
22    (h) Upon successful completion of the terms and conditions
23of the program, the court may vacate or successfully terminate
24the participant's sentence or otherwise discharge the
25participant from further proceedings against the participant
26in the original prosecution. However, the court may not
		HB5383	- 11 -	LRB104 19584 RLC 33032 b
1dismiss the DUI or aggravated DUI charge or vacate the DUI or
2aggravated DUI charge or expunge the associated records.
3    Section 30. DUI risk education.
4    (a) A defendant admitted into a DUI court program shall
5receive DUI risk education. DUI risk education shall provide
6orientation to the defendant regarding the impact of alcohol
7and other drug use on individual behavior and driving skills
8and to allow the defendant to further explore the personal
9ramifications of his or her own alcohol use and abuse. The DUI
10risk education curriculum shall include:
11        (1) information on alcohol as a drug;
12        (2) physiological and pharmacological effects of
13    alcohol and other drugs, including their residual
14    impairment on normal levels of driving performance;
15        (3) other drugs, legal and illegal, and their effects
16    on driving when used separately or in combination with
17    alcohol, or both;
18        (4) alcohol abuse or dependence and the effect on
19    individuals and families;
20        (5) blood alcohol concentration level and its effect
21    on driving performance;
22        (6) information about Illinois driving under the
23    influence laws and associated penalties;
24        (7) factors that influence the formation of patterns
25    of alcohol and drug abuse; and
		HB5383	- 12 -	LRB104 19584 RLC 33032 b
1        (8) information about referrals for services that can
2    address any identified problem that may increase the risk
3    for future alcohol or drug related difficulty, or both.
4    (b) Risk education courses shall include a minimum of 10
5hours of classroom instruction, divided into at least 4
6sessions held on different days. No session shall exceed 3
7hours in length.
8    (c) In order to successfully complete risk education, the
9defendant shall attend each session in its entirety and in
10proper sequence and achieve a score on the post-test of at
11least 75%.
12    (d) Upon successful completion, a DUI Risk Education
13Certificate of Completion shall be issued to each defendant.
14The certificate shall be produced by the DUI Service Reporting
15System. All sections of this form shall be complete, and it
16shall be signed by the DUI risk education instructor.
17    (e) Audio-visual presentations shall not comprise more
18than 25% of the total class time.
19    (f) No more than 24 participants shall be permitted in any
20one class session.
21    Section 35. Violation; termination; dismissal from
22program.
23    (a) If the court finds from the evidence presented,
24including, but not limited to, the reports or proffers of
25proof from the DUI court professionals, that the participant
		HB5383	- 13 -	LRB104 19584 RLC 33032 b
1is not complying with the requirements of the treatment
2program or has otherwise violated the terms and conditions of
3the program, then the court may impose reasonable sanctions
4under the prior written agreement of the participant,
5including, but not limited to, imprisonment or dismissal of
6the participant from the program, and the court may lift a
7previously ordered sentence stay, or the defendant may be
8sentenced as provided in the Illinois Vehicle Code or Unified
9Code of Corrections.
10    (b) Based on the evidence presented, the court shall
11determine whether the participant has violated the conditions
12of the program and whether the participant should be dismissed
13from the program or whether, pursuant to the court's policies
14and procedures, some other alternative may be appropriate in
15the interests of the participant and the public.
16    (c) A participant who is assigned to a substance use
17disorder treatment program under this Act is not in violation
18of the terms or conditions of the program on the basis of
19participation in medication-assisted treatment under the care
20of a physician licensed in this State to practice medicine in
21all of its branches.
22    (d) A participant may voluntarily withdraw from the DUI
23court program in accordance with the DUI court program's
24policies and procedures. Prior to allowing the participant to
25withdraw, the judge shall:
26        (1) ensure that the participant has the right to
		HB5383	- 14 -	LRB104 19584 RLC 33032 b
1    consult with counsel prior to withdrawal;
2        (2) determine in open court that the withdrawal is
3    made voluntarily and knowingly; and
4        (3) admonish the participant in open court as to the
5    consequences, actual or potential, which can result from
6    withdrawal.
7    Upon withdrawal, the criminal proceedings may be
8reinstated against the participant or proceedings may be
9initiated under Section 5-6-4 of the Unified Code of
10Corrections for a violation of probation, conditional
11discharge, or supervision hearing.
12    (e) No participant may be dismissed from the program
13unless, prior to dismissal, the participant is informed in
14writing:
15        (1) of the reason or reasons for the dismissal;
16        (2) the evidentiary basis supporting the reason or
17    reasons for the dismissal; and
18        (3) that the participant has a right to a hearing at
19    which the participant may present evidence supporting the
20    participant's continuation in the program.
21    (f) A participant who has not violated the conditions of
22the program in such a way as to warrant unsuccessful
23dismissal, but who is unable to complete program requirements
24to qualify for a successful discharge, may be terminated from
25the program as a neutral discharge.
26    (g) Upon successful completion of the terms and conditions
		HB5383	- 15 -	LRB104 19584 RLC 33032 b
1of the program, the court may vacate any or all of the sentence
2or successfully terminate the participant's sentence or
3otherwise discharge the participant from any further
4proceedings against the participant in the original
5prosecution, but the court may not dismiss the DUI or
6aggravated DUI charges or prevent a conviction for DUI or
7aggravated DUI from being entered and reported to the
8Secretary of State.
9    Section 40. Education for judges. A judge assigned to
10preside over a DUI court shall have experience, training, and
11continuing education in related topics, including, but not
12limited to:
13        (1) criminal law;
14        (2) behavioral health;
15        (3) confidentiality;
16        (4) ethics;
17        (5) evidence-based practices;
18        (6) substance use disorder;
19        (7) mental illness;
20        (8) co-occurring disorders;
21        (9) presiding over various types of problem-solving
22    courts; and
23        (10) impaired driving and traffic law.
24    Section 45. Education seminars for DUI court prosecutors.
		HB5383	- 16 -	LRB104 19584 RLC 33032 b
1Subject to appropriation, the Office of the State's Attorneys
2Appellate Prosecutor shall conduct mandatory education
3seminars for all DUI court prosecutors throughout the State to
4ensure that the problem-solving court maintains fidelity to
5the problem-solving court model. Topics include, but are not
6limited to, evidence-based screening, assessment and treatment
7practices, target population, substance use disorder, mental
8illness, disability, co-occurring disorders, trauma,
9confidentiality, criminogenic risks and needs, incentives and
10sanctions, court processes, traffic and impaired driving law,
11limited English proficiency, and team dynamics.
12    Section 50. Education seminars for DUI court public
13defenders. Subject to appropriation, the Office of the State
14Appellate Defender shall conduct mandatory education seminars
15for all DUI court public defenders and assistant public
16defenders practicing in DUI courts throughout the State to
17ensure that the problem-solving court maintains fidelity to
18the problem-solving court model. Topics include, but are not
19limited to, evidence-based screening, assessment and treatment
20practices, target population, substance use disorder, mental
21illness, disability, co-occurring disorders, trauma,
22confidentiality, criminogenic risks and needs, incentives and
23sanctions, court processes, traffic and impaired driving law,
24limited English proficiency, and team dynamics.