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The County of DuPage
Wheaton, Illinois
 

Court Rules - Criminal Proceedings - Driving Under the Influence of Alcohol/Drugs

IV. CRIMINAL PROCEEDINGS

ARTICLE 34: DRIVING UNDER THE INFLUENCE OF ALCOHOL/DRUGS 

34.01 APPLICABILITY

(A) The provisions of Article 34 shall apply in all cases involving the operation of a motor vehicle under the influence of alcohol or other drug (DUI), whether the offense is charged under the Illinois Vehicle Code (625 ILCS 5/11-501 et seq.) or under a similar local ordinance. Where reasonable, these provisions shall be construed and applied in harmony with the provisions of Articles 30, 31, 32, 33, 35 and 36.

34.02 MONITORING

(A) The Department of Probation and Court Services in DuPage County, 505 N. County Farm Road, Wheaton, IL 60187, shall provide supervision services to all defendants placed on Court Supervision or sentenced to Conditional Discharge for the offense of driving under the influence of alcohol/drug and/or any charge of reckless driving that is a reduced charge of a DUI.

(a) Defendants will be required to report as directed by the Department. Minimally, reporting will consist of the following:

(i) The initial contact will include registration with the Department, assignment of date to attend Victim Impact Panel, distribution of OASA/Court Authorized list of approved providers, review of the defendant's court order, and any other information concerning conditions as ordered by the Court.

(ii) Defendants will be directed to provide documentation of compliance with Court orders upon completion of each Court requirement. This documentation will be reviewed by Department personnel for verification purposes. Upon successful completion of all court ordered requirements, the Department personnel will submit a certificate of completion to Court and waive the defendant's appearance on the final court date.

In the event that the Department determines that a defendant is in violation of the court order and intermediate sanctions are deemed inappropriate, the Department will submit a notice of violation to the State's Attorney's Office and the Court. A Court hearing shall be scheduled and the offender shall be given notice to appear in Court. A violation hearing may be scheduled at any time prior to and including the final court date.

34.03 DUI EVALUATION REPORTS

The Circuit Court rules governing DUI evaluations are designed to ensure the Court has complete and accurate information relative to a defendant's risk to public safety and the existence and the extent of any alcohol/drug problems pursuant to Chapter V, Article 4 of the Unified Code of Corrections (730 ILCS 5/5-4-1). The information contained in the evaluation is the basis for decisions regarding Judicial Driving Permits (JDP) and sentencing DUI offenders.

(A) The Department of Probation and Court Services will conduct all DUI evaluations for offenders arrested in DuPage County on or after March 1, 2001, unless otherwise directed by the Court.

(B) All personnel of the Department of Probation and Court Services conducting DUI evaluations will meet the qualifications and certification requirements of the Office of Alcohol and Substance Abuse and the Administrative Office of the Illinois Courts.

(C) The Department of Probation and Court Services will meet and maintain the licensing requirements as mandated by the Office of Alcohol and Substance Abuse.

(D) A DUI evaluation designed to evaluate the offender's risk to public safety will be made available to the Court prior to a request for a judicial driving permit, or disposition in the following cases:

a) Prosecutions for violation of 625 ILCS 5/11-501(a) or a similar provision of local ordinance

b) Prosecution for violations of 625 ILCS 5/11-503 or a similar provision for a local ordinance where the offender was originally arrested or charged with a violation of 625 ILCS 5/11-501(a) or a similar provision of a local ordinance.

c) Prosecutions for any other offense where at the request of any other party or on the motion of the sentencing judge, it is determined that such information should be disclosed.

(E) The DUI evaluation will include a review of the defendant's driving history (including a Court Purposes Abstract and supervision history from the Secretary of State), chemical test results (BAC), substance abuse test scores, criminal risk score, prior criminal history, social history interview, prior alcohol and drug related evaluation and treatment and corroborative source information and meet the criteria set forth by the Office of Alcohol and Substance Abuse as set forth in Title 77, Part 2060.503 of the Illinois Administrative Code. Additional assessments may be required as determined by the Department of Probation and Court Services.

(F) All DUI evaluations will include the assignment of a specific level of risk as defined by the regulations of the Office of Alcohol and Substance Abuse.

(G) All DUI evaluations will consist of a minimum of one face-to-face individual interview and will be conducted at an office of the Department of Probation and Court Services, the DuPage County Jail or any other location as specified by Court order.

(H) Upon completion of the evaluation, the Department of Probation and Court Services will provide to defendants the list of treatment providers who are OASA approved and are listed as an Authorized and Approved Service Provider of the 18th Judicial Circuit Court.

(I) A copy of the completed DUI evaluation will be distributed to the sentencing
Judge, the prosecuting attorney, the defense attorney and to the defendant.

34.04 DUI EVALUATION FEES

Chapter 625 ILCS 5/11-501(a) requires that any person required to undergo a professional evaluation as indicated in 730 ILCS 5/5-4-1 shall bear the cost of the evaluation.

The Probation and Court Services Department of the 18th Judicial Circuit Court is authorized to assess a fee of $225 for each evaluation conducted under this rule. The Department is authorized to charge an additional fee of $50 each time an evaluation is rescheduled because the defendant did not appear for the scheduled appointment and the defendant did not provide proper cancellation notice within 24 hours of the scheduled appointment or the defendant did not provide verification of a crisis or emergency that prevented proper notice. The Department is authorized to collect the additional $50 fee prior to scheduling another appointment for the defendant. The Circuit Court Clerk for the 18th Judicial Circuit shall collect such fee and deposit these moneys in the General Fund of DuPage County.
The Department of Probation and Court Services shall develop guidelines to reduce or forego fees for indigent persons. Unless a person falls within the Department's indigency guidelines or unless otherwise authorized by the Court, the person shall not receive a copy of the evaluation report until the evaluation fee has been paid to the Circuit Clerk's Office.

34.05 DUI TREATMENT SERVICES


(A) All providers appearing on the Office of Alcohol and Substance Abuse (OASA) DuPage County Court Directory of Authorized and Approved Service Providers 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) Reasonable efforts shall be made 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 OASA/Court Service Directory of Authorized and Approved Service Providers 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 the Rules of OASA Regulations, 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's Authorized and Approved Service Provider Directory.

(F) Failure to agree to abide by all OASA Regulations and/or these 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 OASA/Court Authorized List of Approved Providers, 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) OASA/Court Directory of Authorized and Approved Service Providers who provide services for DUI defendants are hereby authorized to deliver other services that the Court mandates.

(I) The Court shall recognize OASA/ Court Authorized and Approved Service Providers as being eligible to provide services to DUI defendants.

(J) OASA Licensed Service Providers who are not on the Court Authorized and Approved Service Providers List may provide services only upon approval of the Court and entry of Court Order.

Minimal Risk - Program Services:

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

(a) The Minimal Risk Education Curriculum shall include:

(i) Information on alcohol as a drug;

(ii) Physiological and pharmacological effects of alcohol and other drugs including their residual impairment on normal levels of driving performance;

(iii) Other drugs, legal and illegal, and their effects on driving when used separately and/or in combination with alcohol;

(iv) Substance abuse/dependence and the effect on individuals and families;

(v) Blood alcohol concentration (BAC) level and its effect on driving performance; and

(vi) Information about Illinois driving under the influence laws and associated penalties.

(b) The Minimal Risk Education course shall include a minimum of ten (10) hours of classroom instruction divided into at least four (4) sessions, each of which shall be held on a different date. No session shall exceed three (3) hours in length.

(c) The Service Provider shall design, administer and grade a pre-test and post-test examination of each client, maintaining and keeping the test and grade in the client's file.

(d) The Service Provider shall discharge the client as successfully having completed the risk education program only when they have:

(i) Attended each session in its entirety and in proper sequence;
(ii) Achieved a post-test score of not less than 75%.

(e) Audio-visual presentations shall not comprise more than 25% of the total class/session time.

(f) Class size shall be in conformity with local fire, building and safety codes/ordinances, and in no event contain more than twenty-four (24) students, exclusive client's family members.

(g) The Service Provider shall develop and provide to each client upon enrollment written polices and procedures governing the following:

(i) Criteria for admission into the program;
(ii) Criteria for involuntary disqualification from the program;
(iii) Responsibilities of client;
(iv) Requirements that client be sober and drug free during class;
(v) An outline of the course, its contents, the costs and class schedules regarding dates given and length/time of each session.

(h) The Service Provider shall give the Department of Probation and Court Services, 505 N. County Farm Road, Wheaton, IL 60187, the designated supervision agency, written notice within five (5) calendar days of the fact that a DUI defendant/client has failed to attend any class session, complete the Program's course or has engaged in a course of conduct resulting in his/her involuntary termination from the Risk Education Program. Further, such written notice shall be given on the OASA form "IL 409-0166 Notice of Involuntary Termination from a Risk Education Program."

(i) The Service Provider shall provide one (1) OASA approved educational instructor duly qualified pursuant to OASA Regulations, Title 77, Illinois Administrative Code, Chapter X, Subchapter (d), Part 2060, to preside over and conduct each class session of the DUI Risk Education Program Course.

(j) The Service Provider shall give the Department of Probation and Court Services (the designated supervision agency described in Paragraph (h) above) written verification of each DUI defendant/client's attendance at and completion of each class session of the Risk Education Program Course through the device of regular transmittal upon completion of each class session.

(k) In all cases wherein the DUI defendant/client shall have been referred to a Risk Education Program as part of the pre-trial or pre-sentence proceedings by any of the judges of the 18th Judicial Circuit Court, DuPage County, Illinois, the Provider shall complete and deliver all written reports required by the Court on the date prescribed in said proceedings, including but not limited to, the DUI defendant/client's progress in the Risk Education Program Course, his/her completion of the course or involuntary discharge there from.

(l) The Program Risk Education instructor(s) described in Paragraph (i) above shall appear and give testimonial evidence in all things and matters relating to the duties and services undertaken to be performed under the provisions of this Agreement when duly summoned by the Circuit Court, the Office of the Illinois Secretary of State or the DUI defendant/client.

(m) The Service Provider shall give the Department of Probation and Court Services a written report of the DUI defendant/client's completion of the Risk Education Program Course(s) within seven (7) working days thereof.

(n) The Service Provider shall establish a written schedule of fair and reasonable fees, pursuant to OASA Regulations, to be charged the DUI defendant/client including the terms of payment for their course of Risk Education, presentation of court or hearing testimony and readmission to the program.

Moderate Risk - Program Services:

(A) Authorized Service Providers shall provide and conduct pursuant to its written plan for professional services, OASA Regulations, Title 77, Illinois Administrative Code, Chapter X, Subchapter (d), Part 2060, and the Rules of the 18th Judicial Circuit Court, DuPage County, Illinois, a comprehensive Driving Under the Influence Moderate Risk Education course including counseling treatment for those DUI defendants and other misdemeanants referred by the Department of Probation and Court Services wherein the nature of the charge, the conduct of the defendant or a factor to be considered in sentencing is alcohol or drug related; and

(B) The Moderate Risk Comprehensive Risk Education course shall minimally meet and include all of the curriculum and course requirements prescribed in this Agreement for the comprehensive Minimal Risk Education Program; and in addition, at a minimum, the Program shall:

(a) Conduct the risk education class sessions and counseling treatment as provided in the Program's OASA approved operations manual for the structure and procedures to be followed by the Program in the rendition of those educational and treatment services.

(b) In addition to the required minimum ten (10) hours of risk education, provide and render to the DUI defendant/client a minimum of twelve (12) hours of early intervention as defined in Section (1) provided over a minimum of four (4) weeks with no more than three (3) hours per day in any seven (7) consecutive days; subsequent completion of any and all necessary treatment; and after discharge, active ongoing participation in all activities specified in the continuing care plan if so recommended following completion of the early intervention.

(c) Not allow the defendant to attend any Risk Education class on the same date as any treatment or continued care session.

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

Significant Risk - Program Services:

(A) Authorized Service Providers shall provide and conduct, pursuant to its written plan for professional services, OASA Regulations, Title 77, Illinois Administrative Code, Chapter X, Subchapter (d), Part 2060, and the Rules of the 18th Judicial Circuit Court, DuPage County, Illinois, a comprehensive driving under the influence Significant Risk Education course, including counseling treatment, individual or group, for those DUI defendants and other misdemeanants referred by the Department of Probation and Court Services, wherein the nature of the charge, the conduct of the DUI defendant or a factor to be considered in sentencing is alcohol or drug related.

(B) The Significant Risk Education Course shall minimally meet and include all of the provisions, education course curriculum and course requirements hereinbefore prescribed for the Minimal Risk and Moderate Risk Education Program; and further at a minimum the Program shall:

(a) Conduct the risk education class sessions and counseling treatment as provided in the Program's DASA approved operations manual for the structure and procedures to be followed and used by the Program in the rendition of those educational and treatment services.

(b) In addition to the required minimum of ten (10) hours of Risk Education, provide and render to the DUI defendant/client a minimum of twenty (20) hours of alcohol, drug and substance abuse outpatient treatment/counseling in an individual, group or family setting, divided into at least seven (7) sessions, each of which shall be held on a different date and not on the same date as any Risk Education class session attended by the DUI defendant/client and no such session shall exceed three (3) hours in length; and

(c) In addition to the required ten (10) hours of Risk Education and twenty (20) hours of substance abuse treatment, the DUI defendant/client shall complete an additional six (6) months of care; said care to be completed as follows: One (1) time per month a two (2) hour session or two (2) times per month a one (1) hour session, either individual or group sessions. Defendant will be discharged by Program only upon completion of said additional six (6) months of care and only in the event Defendant qualifies for said discharge.

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

(D) The Provider shall develop and provide to the DUI defendant/client at the time he/she is discharged/terminated from the Program as having satisfactorily completed the same a written aftercare plan for his/her continuing treatment which:

(a) Identifies his/her progress with regard to the objectives of the treatment program;

(b) Summarizes the Provider's conclusions, including general observations and understanding of his/her condition and assessed needs at the time of said discharge/termination;

(c) Shall have been developed with the participation of the DUI defendant/client, their family, guardian or significant other when those persons have participated in his/her treatment; and

(d) Includes a plan that is designed to and offer him/her continued assistance and activities determined by the Provider to support and enhance goals achieved in treatment. The plan shall specify ongoing activities including self-help, group involvement if necessary, and that ongoing activities in the continuing care plan are executed in a written contract between provider and defendant. Copies of said plan shall be attached to the discharge/termination report submitted by the Provider to the Department of Probation and Court Services.

High Risk - Program Services:

(A) Authorized Service Providers shall provide and render the services offered pursuant to its OASA licensure OASA approved written plans for professional services, annual service plan, OASA Regulations, Title 77, Illinois Administrative Code, Chapter X, Subchapter (d), Part 2060 and the Rules of the 18th Judicial Circuit Court, DuPage County, Illinois, to the DUI defendant/client and other misdemeanants, wherein the nature of the charge, the conduct of the defendant, or a factor to be considered in sentencing is alcohol or drug related, ordered by the Court or its agent to enroll in and complete a program of such services as offered by an OASA/Court Directory of Authorized and Approved Service Providers, and that said comprehensive treatment service programs shall include, but are not limited to, the following:

(a) For a client with identified symptoms of dependence:

(i) A comprehensive treatment program of not less than seventy-five (75) hours of intensive outpatient or outpatient substance abuse services, rendered at the rate of not less than nine (9) hours per week; and upon completion of said comprehensive treatment service program shall be followed by an aftercare plan; or

(ii) A residential or inpatient substance abuse comprehensive program of treatment services rendered at the rate of not less than twenty-five (25) hours per week; and upon completion thereof, shall be followed by an aftercare plan.

(b) For a client without identified symptoms of dependence, a comprehensive outpatient program of treatment service of not less than seventy-five (75) hours rendered at a rate of not less than nine (9) hours per week; and upon completion thereof shall be followed by an aftercare plan. The treatment program shall include further assessment and counseling of the client designed to identify and change the disorder giving rise to the high risk behavior which may include but is not limited to referrals for psychological testing, physical examinations and other appropriate mental health services calculated to identify and reduce or eliminate the high risk behavior.

(B) For all High Risk clients, in addition to the required treatment hours, the DUI defendant/client shall complete an additional twelve (12) months of care, said care to be completed as follows: One (1) time per month a two (2) hour session or two (2) times per month a one (1) hour session, either individual or group sessions. Defendant will be discharged by Program only upon completion of said additional twelve (12) months of care and only in the event Defendant qualifies for said discharge.

34.06 JUDICIAL DRIVING PERMIT - REVOKED (eff. 7/13/11)

34.07 ARRAIGNMENT

(A) The arraignment dates for DUI cases shall be set by the arresting law enforcement agency. The arraignment date shall not be less than twenty-six (26) days nor more than forty-two (42) days from the date of arrest, where practical. The police officer setting the arraignment date shall take into consideration the following information:

   (1) The arresting officer's regular traffic court date;

   (2) Any scheduled vacation of the arresting officer;

   (3) Any scheduled training of the arresting officer; and

   (4) Any Court holiday.

(B) If any return date would fall on an official Court holiday, the police officer shall set the next working court date for the arraignment.

(C) The arresting officer shall be available in the courtroom on the date set for arraignment. Failure of the officer to appear pursuant to Rule 34.07 shall be considered by the Court to be the same as the failure of the complaining witness to appear in criminal proceeding and may be cause for dismissal.