Some Kane County drug defendants are eligible to transfer their case to drug court, where they can access substance abuse counseling or drug treatment. If this is an option you are interested in, call our offices at (312) 466-9466 to speak with a Kane County drug attorney and determine your eligibility.
If you have been charged with a drug crime in Kane County, and drug addiction was the primary motivation for breaking the law, drug court could be a good option for you. However, not all defendants are eligible for admission into Kane Count Drug Court. Depending on the severity of the charge and the extent of drug addiction, you may or may not be allowed to apply.
The Kane County Drug Rehabilitation Court is not a separate court -- rather, it is housed within the larger Kane County court system. There are two branches: the Adult Drug Court (ADC) and the Juvenile Drug Court (JDC).
The drug court was created to provide an alternative to incarceration for defendants whose criminal behavior is linked to drug abuse. Kane County's efforts are part of a larger movement towards more rehabilitative solutions to drug crimes. Since its launch in 2000, approximately 750 participants have successfully graduated from the adult drug court.
Kane County Drug Court's mission is to decrease drug use, drug addiction and crimes committed as a result of drug use and addiction. To carry out its mission, the court integrates local social service programs and substance abuse professionals into the legal system. As part of its non-punitive approach, jail time is not considered during the sentencing process.
Instead, the court mandates that a defendant attend a prescribed drug abuse treatment program. Throughout the process, the judge and probation team maintain close supervision of the defendants in order to make sure he complies with all requirements of the program.
Participants are usually required to attend court frequently, undergo random drug testing, successfully complete their treatment program, and secure employment.
Not all Kane County drug defendants are eligible to apply to have their case transferred to Drug Court. For one, you must be a resident of Kane County in order to apply -- which means that if you live in a neighboring county but were arrested in Kane County, you cannot apply even if you meet all of the other eligibility requirements.
There are host of factors that can disqualify a defendant from Kane County Drug Court. If any of the following apply to you, you are not eligible for the program:
This is not an exhaustive list -- there are several other factors that can disqualify an application to drug court. Most of these have to do with the nature of the criminal charges, current and past. Overall, the ideal candidate struggles with drug addiction and finds themselves court-involved for that reason primarily. If you have been charged with a drug offense in Kane County, a Kane County drug lawyer from our office can help you determine whether you are eligible to apply for the program.
Anyone who wishes to transfer their case to drug court must go through a comprehensive application process.
Once you have determined that you meet the basic eligibility requirements, you and your attorney will fill out an application, which can be found on the Kane County court system website.
By applying, the applicant must consent to the rules of the program laid out in the participant handbook. Some of these requirements include attending all of your court status hearings, undergoing drug tests, and attending all scheduled treatment appointments. Violation of these rules could result in expulsion from the program.
If your Kane County drug attorney secures your entrance into the Drug Court program, you will begin Phase One of the program. There are four phases total, and each must be completed in order to graduate.
In Phase One, treatment and recovery are the focus. This phase is arguably most arduous in the program. During this period, the defendant attends a minimum of three meetings per week, goes to required treatment, comes to court weekly, and submits to random drug testing. All of these requirements must be completed consistently in order to advance to Phase Two. In addition, the defendant must be sober and in the community for three months after completion of inpatient treatment, if required.
Once in Phase Two, the rules and regulations loosen slightly. Court appearances are required only every other week. Three meetings per week are still required, as well as next-step programming such as family counseling or job training. Random, observed drug testing is also a part of Phase Two. Once nine months of sobriety have passed, and all requirements have been consistently fulfilled, the defendant moves on to the third phase.
Phase Three focuses on maintenance of recovery and establishing stability. The defendant is required to be employed or in school as well as establish a sober network of friends and family members. Counseling and group meetings continue throughout this part of the drug court process.
Finally, the defendant is admitted to Graduation Phase after sobriety has been maintained for twelve months and all requirements of phases one through three have been satisfied. Before graduating, a defendant will create a plan with his support network showing how he will maintain sobriety in the future. Upon graduation, the defendant is discharged from probation.
These requirements are comprehensive and strictly enforced. It is unwise to apply to the program if you are not prepared to follow through on all of the various rules. If a defendant is terminated from the program for failing to complete treatment, a judge will hold a re-sentencing hearing which could result in jail time or a longer probation term. If you are considering drug court for your case or the case of a loved one, it is advisable to talk through your options with a knowledgeable Kane County drug lawyer.
Similar to drug court, the Treatment Alternative Court (TAC) seeks to use incarceration as a last resort for individuals whose criminal behavior is related to mental health issues. Since 2006, TAC has accepted participants who struggle with mental illness, developmental disability, or co-occurring disorders. TAC brings together community agencies and the justice system to ensure justice for defendants struggling with these issues.
Oftentimes, individuals living with mental health issues face barriers in the justice system. In some cases, mental instability leads individuals to break the law. Once court-involved, these individuals often face disadvantages in court without the access they need to mental health services. Unfortunately, it frequently happens that those who need mental healthcare the most are not able to access it, and they end up in the criminal justice system. This program seeks to ameliorate this problem by taking a rehabilitative approach to criminality.
Criminal defendants who are accepted into the TAC program work closely with court personnel under a comprehensive case management program that strives to reduce further criminal activity and prevent future incarceration.
If you or your loved one have suffered from mental illness and are currently facing criminal charges in Kane County, the Treatment Alternative Court could be a good option. To be admitted, a formal referral must be made to the program coordinator. A copy of the referral form can be found on the Kane County court services website.
To be eligible for the Treatment Alternative Court, the defendant must meet the following conditions:
If you are considering TAC for you or a family member, be sure to consult with an experienced, knowledgeable Kane County criminal defense attorney first. A lawyer will help you weigh your options and decide what is the best plan of action for the person facing charges.
Kane County has joined other courts across the state and nation in recognizing that criminal behavior too often is the result of drug addiction or mental illness. Drug Court or Treatment Alternative Court are great options for individuals struggling with these issues. As your attorney, we will help you determine whether you are eligible and advocate zealously for your admittance to the program.
For thirty years, we have defended Illinois residents just like you who are battling allegations of breaking Illinois drug law. As your criminal defense lawyer, we will be your unfailing advocate in the courtroom and fight to ensure that your rights are preserved. For a free legal consultation, give our offices a call at (312) 466-9466