DUI TREATMENT COURT ACT

Illinois General Assembly - Full Text of HB5383

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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,
3
represented in the General Assembly:

4

Section 1.
Short title.
This Act may be cited as the
DUI
5
Treatment Court Act.

6

Section 5.
Purposes.
The General Assembly recognizes that
7
individuals who operate motor vehicles while under the
8
influence of alcohol or any other drug or intoxicating
9
compound pose a serious public health threat. The General
10
Assembly also recognizes that research indicates that the
11
majority of people arrested for driving under the influence
12
will not reoffend, but that some individuals arrested for DUI
13
will continue to drive impaired and will receive multiple DUI
14
arrests. The General Assembly recognizes that, for this group
15
of drivers, DUI courts, which are based on the problem-solving
16
court model and which apply the Ten Guiding Principles for DWI
17
Courts promulgated by the National Center for DWI Courts have
18
proven to be an effective countermeasure to reduce recidivism.
19
It is the intent of the General Assembly to create specialized
20
DUI courts that follow problem-solving court principles and
21
the Ten Guiding Principles for DWI Courts promulgated by the
22
National Center for DWI Courts, in accordance with
23
evidence-based practices and the Illinois Supreme Court

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Problem-Solving Court Standards.

2

Section 10.
Definitions.
In this Act:
3

"Certification" means the process by which a
4
problem-solving court obtains approval from the Supreme Court
5
to operate in accordance with the Problem-Solving Court
6
Standards.
7

"DUI program", "DUI court", or "program" means a specially
8
designated court, court calendar, or docket facilitating
9
intensive therapeutic treatment to monitor and assist
10
participants with substance use disorder in making positive
11
lifestyle changes and reducing the rate of recidivism. DUI
12
programs are nonadversarial in nature and bring together
13
substance use disorder professionals, local social programs,
14
and monitoring in accordance with the nationally recommended
15
10 guiding principles of DUI courts and the Problem-Solving
16
Court Standards. Common features of a DUI court program
17
include, but are not limited to, a designated judge and staff;
18
specialized intake and screening procedures including use of a
19
validated DUI risk assessment tool; coordinated treatment
20
procedures administered by a trained, multidisciplinary
21
professional team; close evaluation of participants, including
22
continued assessments and modification of the court
23
requirements and use of sanctions, incentives, and therapeutic
24
adjustments to address behavior; frequent judicial interaction
25
with participants; less formal court process and procedures;

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voluntary participation; and a low treatment staff-to-client
2
ratio.
3

"DUI court professional" means a member of the DUI court
4
team, including, but not limited to, a judge, prosecutor,
5
defense attorney, probation officer, coordinator, or treatment
6
provider.
7

"Peer recovery coach" means a mentor assigned to a
8
defendant during participation in a substance treatment court
9
program who has been trained by the court, a service provider
10
used by the court for substance use disorder or mental health
11
treatment, a local service provider with an established peer
12
recovery coach or mentor program not otherwise used by the
13
court for treatment, or a Certified Recovery Support
14
Specialist certified by the Illinois Certification Board.
15

"Peer recovery coach" includes individuals with lived
16
experiences of the issues the problem-solving court seeks to
17
address, including, but not limited to, substance use
18
disorder, mental illness, and co-occurring disorders or
19
involvement with the criminal justice system. "Peer recovery
20
coach" includes individuals required to guide and mentor the
21
participant to successfully complete assigned requirements and
22
to facilitate participants' independence for continued success
23
once the supports of the court are no longer available to them.
24

"Post-adjudicatory DUI court program" means a program that
25
allows an individual who has admitted guilt or has been found
26
guilty, with the defendant's consent and the approval of the

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LRB104 19584 RLC 33032 b
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court, to enter a DUI court program as part of the defendant's
2
sentence or disposition. All DUI courts shall be
3
post-adjudicatory court programs.
4

"Problem-Solving Court Standards" means the statewide
5
standards adopted by the Supreme Court that set forth the
6
minimum requirements for the planning, establishment,
7
certification, operation, and evaluation of all
8
problem-solving courts in this State.

9

Section 15.
Authorization.
10

(a) The Chief Judge of each judicial circuit may establish
11
a DUI court program in compliance with the Problem-Solving
12
Court Standards. At the discretion of the Chief Judge, the DUI
13
court program may be operated in one or more counties of the
14
circuit and allow defendants from all counties within the
15
circuit to participate. DUI court programs must be certified
16
by the Illinois Supreme Court.
17

(b) Whenever the county boards of 2 or more counties
18
within the same judicial circuit determine that a single DUI
19
court program would best serve those counties, the county
20
board of each such county may adopt a resolution to the effect
21
that there shall be a single DUI court program serving those
22
counties, and shall provide a copy of the resolution to the
23
Chief Judge of the judicial circuit. Upon receipt of such a
24
resolution, the Chief Judge may establish or, in the case of an
25
existing DUI court program, reorganize a single DUI court

HB5383
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program to serve those counties.

2

Section 20.
Eligibility.
3

(a) A defendant may be admitted into a DUI court program
4
upon the consent of the defendant and with the approval of the
5
court 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

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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
22
consent to participate is provided to the court in open court
23
and the defendant acknowledges understanding its contents.
24

(c) A defendant shall be excluded from a DUI court program
25
if any one of the following applies:
26

(1) The defendant denies his or her use of alcohol or

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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
21
problem-solving courts and DUI courts of the defendant shall
22
be performed as required by the court's policies and
23
procedures prior to the defendant's admission into a DUI
24
court. The DUI evaluation shall be conducted in accordance
25
with the Department of Human Services' DUI evaluation rules.

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LRB104 19584 RLC 33032 b
1
The DUI evaluation shall include, but is not limited to,
2
assessments of the defendant's alcohol use and mental and
3
behavioral health needs and the defendant's risk to public
4
safety. The DUI evaluation shall be administered by
5
individuals approved under the Department of Human Services'
6
rules. DUI treatment plans shall be developed in accordance
7
with the Problem-Solving Court Standards and in part upon the
8
known availability of treatment resources. Any risk assessment
9
shall be performed using an assessment tool approved by the
10
Administrative Office of the Illinois Courts and as required
11
by the court's policies and procedures. An assessment need not
12
be ordered if the court finds a valid DUI risk assessment
13
related to the present charge pending against the defendant
14
has been completed within the previous 60 days.
15

(b) The judge shall inform the defendant that if the
16
defendant fails to meet the conditions of the DUI court
17
program, eligibility to participate in the program may be
18
restored, a previously ordered sentence stay may be lifted, or
19
the defendant may be sentenced as provided in the Illinois
20
Vehicle Code or the Unified Code of Corrections.
21

(c) The defendant shall execute a written agreement as to
22
his or her participation in the program and shall agree to all
23
of the terms and conditions of the program, including, but not
24
limited to, the possibility of sanctions or incarceration for
25
failing to abide or comply with the terms of the program.
26

(d) In addition to any conditions authorized under the

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1
Pretrial Services Act and Section 5-6-3 of the Unified Code of
2
Corrections, the court may order the participant to complete
3
mental health counseling or substance use disorder treatment
4
in an outpatient or residential treatment program and may
5
order the participant to comply with physicians'
6
recommendations regarding medications and all follow-up
7
treatment for any mental health diagnosis made by the
8
provider. Substance use disorder treatment programs must be
9
licensed by the Department of Human Services in accordance
10
with the Department of Human Services' substance use
11
prevention and recovery rules, or an equivalent standard in
12
any other state where the treatment may take place, and use
13
evidence-based treatment.
14

(e) The DUI court program shall include a regimen of
15
graduated requirements, including fines, fees, costs,
16
restitution, individual and group therapy, substance use
17
analysis testing, close monitoring by the court, restitution,
18
educational or vocational counseling as appropriate, and other
19
requirements necessary to fulfill the DUI court program.
20
Program phases, therapeutic adjustments, incentives, and
21
sanctions, including the use of jail sanctions, shall be
22
administered in accordance with evidence-based practices and
23
the Problem-Solving Court Standards. A participant's failure
24
to pay program fines or fees shall not prevent the participant
25
from advancing phases or successfully completing the program.
26
DUI court participants may not be required to refrain from

HB5383
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LRB104 19584 RLC 33032 b
1
using medication-assisted treatment as a term or condition of
2
successful completion of the DUI court program.
3

(f) Recognizing that individuals struggling with substance
4
use disorder and related co-occurring disorders have often
5
experienced trauma, DUI court programs may include specialized
6
service programs specifically designed to address trauma.
7
These specialized services may be offered to individuals
8
admitted to the DUI court program. Judicial circuits
9
establishing these specialized programs shall partner with
10
advocates, survivors, and service providers in the development
11
of the programs. Trauma-informed services and programming
12
shall be operated in accordance with evidence-based best
13
practices as outlined by the Substance Abuse and Mental Health
14
Service Administration's National Center for Trauma-Informed
15
Care.
16

(g) The court may establish a mentorship program that
17
provides access and support to program participants by peer
18
recovery coaches. Courts shall be responsible to administer
19
the mentorship program with the support of mentors and local
20
mental health and substance use disorder treatment
21
organizations.
22

(h) Upon successful completion of the terms and conditions
23
of the program, the court may vacate or successfully terminate
24
the participant's sentence or otherwise discharge the
25
participant from further proceedings against the participant
26
in the original prosecution. However, the court may not

HB5383
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LRB104 19584 RLC 33032 b
1
dismiss the DUI or aggravated DUI charge or vacate the DUI or
2
aggravated DUI charge or expunge the associated records.

3

Section 30.
DUI risk education.
4

(a) A defendant admitted into a DUI court program shall
5
receive DUI risk education. DUI risk education shall provide
6
orientation to the defendant regarding the impact of alcohol
7
and other drug use on individual behavior and driving skills
8
and to allow the defendant to further explore the personal
9
ramifications of his or her own alcohol use and abuse. The DUI
10
risk 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

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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
5
hours of classroom instruction, divided into at least 4
6
sessions held on different days. No session shall exceed 3
7
hours in length.
8

(c) In order to successfully complete risk education, the
9
defendant shall attend each session in its entirety and in
10
proper sequence and achieve a score on the post-test of at
11
least 75%.
12

(d) Upon successful completion, a DUI Risk Education
13
Certificate of Completion shall be issued to each defendant.
14
The certificate shall be produced by the DUI Service Reporting
15
System. All sections of this form shall be complete, and it
16
shall be signed by the DUI risk education instructor.
17

(e) Audio-visual presentations shall not comprise more
18
than 25% of the total class time.
19

(f) No more than 24 participants shall be permitted in any
20
one class session.

21

Section 35.
Violation; termination; dismissal from
22
program.
23

(a) If the court finds from the evidence presented,
24
including, but not limited to, the reports or proffers of
25
proof from the DUI court professionals, that the participant

HB5383
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LRB104 19584 RLC 33032 b
1
is not complying with the requirements of the treatment
2
program or has otherwise violated the terms and conditions of
3
the program, then the court may impose reasonable sanctions
4
under the prior written agreement of the participant,
5
including, but not limited to, imprisonment or dismissal of
6
the participant from the program, and the court may lift a
7
previously ordered sentence stay, or the defendant may be
8
sentenced as provided in the Illinois Vehicle Code or Unified
9
Code of Corrections.
10

(b) Based on the evidence presented, the court shall
11
determine whether the participant has violated the conditions
12
of the program and whether the participant should be dismissed
13
from the program or whether, pursuant to the court's policies
14
and procedures, some other alternative may be appropriate in
15
the interests of the participant and the public.
16

(c) A participant who is assigned to a substance use
17
disorder treatment program under this Act is not in violation
18
of the terms or conditions of the program on the basis of
19
participation in medication-assisted treatment under the care
20
of a physician licensed in this State to practice medicine in
21
all of its branches.
22

(d) A participant may voluntarily withdraw from the DUI
23
court program in accordance with the DUI court program's
24
policies and procedures. Prior to allowing the participant to
25
withdraw, the judge shall:
26

(1) ensure that the participant has the right to

HB5383
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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
8
reinstated against the participant or proceedings may be
9
initiated under Section 5-6-4 of the Unified Code of
10
Corrections for a violation of probation, conditional
11
discharge, or supervision hearing.
12

(e) No participant may be dismissed from the program
13
unless, prior to dismissal, the participant is informed in
14
writing:
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
22
the program in such a way as to warrant unsuccessful
23
dismissal, but who is unable to complete program requirements
24
to qualify for a successful discharge, may be terminated from
25
the program as a neutral discharge.
26

(g) Upon successful completion of the terms and conditions

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LRB104 19584 RLC 33032 b
1
of the program, the court may vacate any or all of the sentence
2
or successfully terminate the participant's sentence or
3
otherwise discharge the participant from any further
4
proceedings against the participant in the original
5
prosecution, but the court may not dismiss the DUI or
6
aggravated DUI charges or prevent a conviction for DUI or
7
aggravated DUI from being entered and reported to the
8
Secretary of State.

9

Section 40.
Education for judges.
A judge assigned to
10
preside over a DUI court shall have experience, training, and
11
continuing education in related topics, including, but not
12
limited 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.

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LRB104 19584 RLC 33032 b
1
Subject to appropriation, the Office of the State's Attorneys
2
Appellate Prosecutor shall conduct mandatory education
3
seminars for all DUI court prosecutors throughout the State to
4
ensure that the problem-solving court maintains fidelity to
5
the problem-solving court model. Topics include, but are not
6
limited to, evidence-based screening, assessment and treatment
7
practices, target population, substance use disorder, mental
8
illness, disability, co-occurring disorders, trauma,
9
confidentiality, criminogenic risks and needs, incentives and
10
sanctions, court processes, traffic and impaired driving law,
11
limited English proficiency, and team dynamics.

12

Section 50.
Education seminars for DUI court public
13
defenders.
Subject to appropriation, the Office of the State
14
Appellate Defender shall conduct mandatory education seminars
15
for all DUI court public defenders and assistant public
16
defenders practicing in DUI courts throughout the State to
17
ensure that the problem-solving court maintains fidelity to
18
the problem-solving court model. Topics include, but are not
19
limited to, evidence-based screening, assessment and treatment
20
practices, target population, substance use disorder, mental
21
illness, disability, co-occurring disorders, trauma,
22
confidentiality, criminogenic risks and needs, incentives and
23
sanctions, court processes, traffic and impaired driving law,
24
limited English proficiency, and team dynamics.

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