DUI Court
Please email referrals to: specialtycourtreferrals@22ndcircuit.illinoiscourts.gov
What is an Adult DUI Court?
A specially designed court calendar or docket, the purpose of which is to reduce criminal recidivism, especially for driving under the influence. The program also aims to increase the offender’s likelihood of successful habilitation through early, continuous, and intense judicially supervised treatment, mandatory periodic drug and alcohol testing, community supervision, and use of appropriate sanctions, incentives, therapeutic adjustments.
(Bureau of Justice Assistance)
DUI Court Mission
Our Mission: To make the community safer by providing a collaborative intervention program designed to provide restorative care, treatment, and legal accountability to DUI offenders in McHenry County.
Program Goals
It is the goal of the Program to reduce, deter, and attempt to eliminate repeat DUI offenses. The program will provide quick screening, assessment, and intervention. The program will be conducted as a more cost-effective program to the taxpayer than realized through the traditional court system.
Impaired driving is recognized as one of the biggest threats to public safety in the United States. The 22nd Circuit, Bureau of Justice Assistance, and the National Center for DWI Courts (NCDC) have partnered to reduce impaired driving recidivism nationwide, by addressing the root problem: substance use disorder. DUI Programs provide treatment and accountability based on research-driven best practices.
Court Model
Post – Plea/Pre – Sentence Program.
Target Population
The McHenry County DUI Court Program’s target population is for clients that are Moderate to High Risk/High Need offenders according to an evidence-based assessment, reside in McHenry County, Illinois, have a current nonviolent felony DUI offense and a primary diagnosis of substance use disorder.
This program is a diversion program for clients charged with a felony DUI based upon prior DUI offenses. By law, the exclusive authority to amend a criminal charge rests with the State’s Attorney.
Court Status Hearings
DUI Court Status Hearings are held on Wednesdays at 2:30pm in Courtroom 203. Defense Attorneys are expected to arrive by 2:00 pm for staffing.
Eligibility Criteria
Statutory Eligibility – (730 ILCS 166/20) Drug Court Treatment Act
*Section 20. Eligibility.
A defendant may be admitted into a drug court program only upon the agreement of the defendant and with the approval of the court. A defendant agrees to be admitted when a written consent to participate is provided to the court in open court and the defendant acknowledges an understanding of its contents.
A defendant shall be excluded from a drug court program if any of one of the following apply:
(1) The crime is a crime of violence as set forth in clause (4) of this subsection (b).
(2) The defendant denies his or her use of or addiction to drugs.
(3) The defendant does not demonstrate a willingness to participate in a treatment program.
(4) The defendant has been convicted of a crime of violence within the last 5 years excluding incarceration time, parole, and periods of mandatory supervised release. As used in this Section, “crime of violence” means: first degree murder, second degree murder, predatory criminal sexual assault of a child, aggravated criminal sexual assault, criminal sexual assault, armed robbery, aggravated arson, arson, aggravated kidnapping, kidnapping, aggravated battery resulting in great bodily harm or permanent disability, aggravated domestic battery resulting in great bodily harm or permanent disability, aggravated criminal sexual abuse by a person in a position of trust or authority over a child, stalking, aggravated stalking, home invasion, aggravated vehicular hijacking, or any offense involving the discharge of a firearm.
(c) Notwithstanding subsection (a), the defendant may be admitted into a drug court program only upon the agreement of the prosecutor if:
(1) The defendant is charged with a Class 2 or greater felony violation of:
(A) Section 401, 401.1, 405, 405.2 of the Illinois Controlled Substance Act;
(B) Section 5, 5.1, or 5.2 of the Cannabis Control Act
(C) Section 15, 20, 25, 30, 35, 40, 45, 50, 55, 56, or 65 of the methamphetamine Control and Community Protection Act.
In addition, the following criteria must be met for a referral to be accepted for placement in the McHenry County Adult Drug Court program
(A) The Defendant must be a McHenry County resident.
- Diagnosed with Drug/Alcohol Dependence.
- The Defendant must have a current nonviolent felony case.
- The Defendant must be 18 years old or older at the time of the arrest.
- Moderate to High Risk/Hight Need Defendant as determined by the ARA.
- Referral must be made within 60 days of first appearance with counsel.
Referral Process
Official referral forms are available from the Office of Special Projects or on our Website:
To be considered for participation, referral forms must be completed and forwarded to the
Office of Special Projects within 60 days of the defendant’s first court appearance with counsel.
Referrals will be accepted from all sources including Judges, Defense Attorneys, Assistant State’s Attorneys, Police Officers, Family Members, Treatment Providers, etc.
Adult DUI Court Referral Form – It is the policy of the Twenty Second Judicial Circuit Adult Drug Court Program that referrals are made directly to the DC Coordinator. To be considered for Adult DUI Court placement, all referrals must be made within 60 days of the defendant’s first court appearance with counsel.
Adult DUI Court Participant Handbook – It is suggested that Defense Attorneys review the Participant Handbook with their client before making a referral. This will facilitate the informed consent process.
For additional information or to make a referral to the Adult DUI Court program, please contact The Office of Special Projects at 815-334-4502 or specialtycourtreferrals@22ndcircuit.illinoiscourts.gov.
This project was supported by Grant No. 2011-DC-BX-0024 awarded by the Bureau of Justice Assistance. The Bureau of Justice Assistance is a component of the Office of Justice Programs, which also includes the Bureau of Justice Statistics, the National Institute of Justice, the Office of Juvenile Justice and Delinquency Prevention, the Office for Victims of Crime, the Community Capacity Development Office, and the Office of Sex Offenders Sentencing, Monitoring, Apprehending, Registering, and Tracking. Points of view or opinions in this document are those of the author and do not necessarily reflect the official position or policies of the U.S. Department of Justice.