Illinois Veterans and Servicemembers Courts

The Veterans and Servicemembers Court Treatment Act, 730 ILCS 167, lets the chief judge of each judicial circuit set up a veterans and servicemembers court under the Supreme Court's Problem-Solving Court Standards (section 15). A "veteran" is anyone who previously served as an active servicemember, and a "servicemember" is anyone now serving in the Army, Air Force, Marines, Navy or Coast Guard on active duty, in reserve status or in the National Guard (section 10). There is no discharge test. Eligibility (section 20). The defendant must consent in writing in open court and the court must approve. A defendant is excluded if the charge is a listed crime of violence, if the defendant shows no willingness to take part in treatment, if the defendant was convicted of a crime of violence within the past five years (not counting time in custody or on supervision), or for aggravated DUI causing death unless extraordinary circumstances call for probation. The prosecutor's agreement is needed only for a Class 2 or greater felony under the controlled substances, cannabis or methamphetamine statutes. Beyond that, each court must define its own target population and its eligibility and exclusion criteria in written policies (section 20(a-5)), so a court may be stricter than the statute. Procedure (section 25). Screening and clinical assessment come through VA, a Veterans Assistance Commission or the Illinois Department of Veterans' Affairs. A participant on opioid treatment is not in violation for taking prescribed medication-assisted treatment, and a participant may withdraw after advice from counsel (section 35). Public Act 104-742 amends sections 10 and 25 from January 1, 2027.