§ 2-25 — Community-based pretrial supports and services

(a) Subject to appropriation, the Department shall make grants to organizations for community-based pretrial supports and services. (b) The Department shall issue grants to at least one organization in each of the service areas and no more than 3 organizations in each of the service areas with the exception of service areas with a population exceeding 2,000,000. The Department shall issue grants to at least one organization and no more than 10 organizations in service areas with a population exceeding 2,000,000. In fiscal year 2025, each grant shall be for no less than $100,000 and no more than $300,000. In subsequent years, each grant shall be for no less than $100,000 and no more than $500,000 per organization. An organization may receive grants in more than one service area. (c) Organizations receiving grants under this Act shall coordinate services with other organizations and court stakeholders in their service area. Organizations receiving grants under this Act shall coordinate services with the Office of Statewide Pretrial Services to the extent that it operates in their service area. (d) Organizations receiving grants under this Act shall establish eligibility criteria for services. Organizations receiving grants under this Act shall be required to accept referrals of eligible participants from court stakeholders. Organizations receiving grants under this Act may accept referrals of eligible participants from other sources including self-referrals. (e) An eligible participant shall not be ordered to receive services funded by a grant under this Act unless the person has undergone a validated clinical assessment and the clinical treatment plan includes such services. "Validated clinical assessment" and "clinical treatment plan" have the meanings ascribed to them in Section 10 of the Drug Court Treatment Act. (f) Organizations receiving grants under this Act shall provide the following services directly or through subgrants to other organizations: (1) case management for mental health and substance use disorders; (2) detoxification or referral to detoxification when clinically indicated and available in the community; (3) medication assisted treatment or referral to medication assisted treatment when clinically indicated and available in the community; (4) child care to remove barriers to court appearances; and (5) transportation to court appearances if not available through the Office of Statewide Pretrial Services or other court stakeholders. (g) Organizations receiving grants under this Act may provide the following services directly or through subgrants to other organizations: (1) Behavioral health services, including harm reduction services, clinical interventions, crisis interventions, and group counseling supports, such as peer support groups, social-emotional learning supports, including skill building for anger management, de-escalation, sensory stabilization, coping strategies, and thoughtful decision-making, short-term clinical individual sessions, and motivational interviewing. (2) Other services necessary to promote pretrial success, as determined by the organization and approved by the Department. (h) Organizations receiving grants under this Act shall ensure that services are accessible to individuals with disabilities and to individuals with limited English proficiency. Organizations receiving grants under this Act shall not deny services to individuals on the basis of immigration status or gender identity. (i) No statement or other disclosure, written or otherwise, made by an eligible participant to an employee of an organization receiving a grant under this Act may be used by the prosecution to prove any crime or offense alleged in the pending case. (j) The Department shall encourage organizations receiving grants under this Act to employ individuals with personal experience with being charged with a felony offense. No later than when grants are first issued under this Act, the Department shall create and execute a Background Check Waiver Process, limiting the disqualifying offenses, for employees who provide services under this Act. (k) Organizations receiving funds under this Act may utilize up to 5% of awarded grant funds to raise awareness of community-based pretrial supports and services.

Legislative History

(Source: P.A. 103-588, eff. 6-5-24.)