As amended through September 23, 2024
Rule 34.03 - DUI EVALUATION REPORTSIllinois General Assembly's Administrative Code DatabaseThe Local Rules governing DUI evaluations are designed to ensure the Court has complete and accurate information relative to a defendant's risk to public safety and the existence and the extent of any alcohol/drug problems pursuant to Chapter V, Article 4 of the Unified Code of Corrections (730 ILCS 5/5-4 -1). The information contained in the evaluation is the basis for decisions regarding sentencing DUI offenders.
(a) The Department of Probation and Court Services will conduct all DUI evaluations for offenders arrested in DuPage County on or after March 1, 2001, unless otherwise directed by the Court.(b) All personnel of the Department of Probation and Court Services conducting DUI evaluations will meet the qualifications and certification requirements according to Sections 2060.309, .311 and .313 of the Illinois Administrative Code, and Administrative Office of the Illinois Courts (AOIC).(c) The Department of Probation and Court Services will meet and maintain the licensing requirements as mandated by Title 77, Illinois Administrative Code, Chapter X, Subchapters (a-e), Part 2060.(d) A DUI evaluation designed to evaluate the offender's risk to public safety will be made available to the Court prior to disposition in the following cases: (1) Prosecutions for violation of 625 ILCS 5/11-501(a) or a similar provision of local ordinance(2) Prosecution for violations of 625 ILCS 5/11-503 or a similar provision for a local ordinance where the offender was originally arrested or charged with a violation of 625 ILCS 5/11-501(a) or a similar provision of a local ordinance.(3) Prosecutions for any other offense where at the request of any other party or on the motion of the sentencing judge, it is determined that such information should be disclosed.(e) The DUI evaluation will include a review of the offender's driving history (including a Court Purposes Abstract and supervision history from the Secretary of State), chemical test results (BAC and/or Forensic Lab results), objective test scores and summary, prior criminal history, social history interview, prior alcohol and drug related evaluation and treatment, other corroborative sources of information, and meet the criteria set forth in Section 2060.503 of the Illinois Administrative Code. Additional assessments may be required as determined by the Department of Probation and Court Services.(f) All DUI evaluations will include the Alcohol/Drug Related Arrest Addendum and assign a specific DUI Risk Classification and recommend an initial intervention that includes a minimum number of hours of care as defined by Section 2060.503 of the Illinois Administrative Code. Alcohol/Drug Related Arrest Addendum (PDF)(g) All DUI evaluations will consist of a minimum of one face-to-face individual interview and will be conducted at an office of the Department of Probation and Court Services, the DuPage County Jail or any other location as specified by Court order.(h) Pursuant to the Illinois Supreme Court Language Access Policy, any offender with limited proficiency in the English language will be offered the opportunity to have a court-appointed interpreter present throughout the evaluation process, regardless of court order.(i) Upon completion of the evaluation, the Department of Probation and Court Services will provide to offenders the Department 's Court Authorized list of approved providers.(j) The original completed DUI evaluation will be distributed to the circuit court of venue, and copies will be provided to the offender and the defense attorney after the DUI Evaluation fee is paid.Ill. R. Cir. Ct. Dupage Cnty. 34.03