Crime & Traffic

Problem-solving courts are specialized criminal courts that focus on treating the underlying issues that contribute to a person's involvement in the criminal justice system. They can be an alternative to traditional sentencing, like fines and jail time.

Problem-solving courts focus on the following areas of need:

• Substance use disorder in both minors and adults,
• Veterans,
• Driving under the influence (“DUI”), and
• Mental health disorders.

Problem-solving courts are usually only available to people charged with nonviolent offenses. A judge must approve moving a case into a problem-solving court program.

Not every Illinois county offers every kind of problem-solving court. Drug treatment courts are the most common type. In many rural counties, a drug treatment court may be the only problem-solving court available, even if a person's main need is mental health treatment or treatment related to a DUI.

Most problem-solving court programs have four or five phases. Participants move from one phase to the next based on their progress and whether they follow the program requirements. Someone who does well may finish sooner than a typical probation sentence, while someone who needs more treatment or support may take longer.

Drug treatment courts

Drug treatment courts are the most common type of problem-solving court. They help people with substance use disorders who are facing criminal charges involving drugs or alcohol. Instead of serving a traditional sentence, eligible participants complete a treatment program under the court's supervision.

A typical program includes:

• Substance use treatment,
• Frequent check-ins with program officials,
• Regular court appearances and drug screens,
• Recovery support meetings, such as Alcoholics Anonymous, Narcotics Anonymous, or other self-help groups, if required by the court, and
• Other treatment or services the court determines are appropriate.

For minors, the court may order electronic monitoring rather than detention. This monitoring would end on completing the program.

Veterans treatment court

Veterans treatment courts help veterans and servicemembers involved in the criminal justice system who may experience issues related to a combination of:

• Post-traumatic stress disorder (PTSD),
• Other psychological disorders, or
• Substance use disorders.

The condition does not have to be related to military service. For example, a veteran who develops a substance use disorder years after leaving the military may still qualify.

Veterans treatment courts often work with the US Department of Veterans Affairs, public defenders' offices, treatment providers, and other community organizations.

Mental health courts

Mental health courts focus on treating people with mental health disorders. Before someone enters the program, treatment providers usually complete a comprehensive evaluation. Because many participants have both a mental health disorder and a substance use disorder, they are often evaluated for both. If a county has both a drug treatment court and a mental health court, the evaluation helps determine which program is the better fit. Participants can also volunteer to take part in the program.

Common questions for participants:

How can someone participate in a problem-solving court?

A person can be referred to a problem-solving court by many different people or agencies. While referrals often come from the public defender's office, they can also come from probation, the State's Attorney's office, law enforcement, the defendant, or another source.

After a referral, the person must meet the legal eligibility requirements. Probation usually assesses the person's risk level, and a treatment provider evaluates whether they have a diagnosable substance use disorder or mental health disorder.

If they qualify, the problem-solving court team reviews the case. The judge makes the final decision about whether the person will be admitted into the program. The person must also agree to participate.

Will participating in a problem-solving court appear on my criminal record?

Yes. Your participation in a problem-solving court and the court's decisions will generally appear on your criminal record. However, if you successfully complete the program, the court may dismiss the charges. You can also ask the court to expunge your record starting 61 days before the expected dismissal. If the court approves your request, your arrest and court supervision records will be erased, as if they never happened.

Helpful links:

For more information, please visit the Illinois Association of Problem-Solving Courts website. For a map of PSCs by county, visit the Illinois Probation website.