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Full Text of HB4926  97th General Assembly

HB4926enr 97TH GENERAL ASSEMBLY



 


 
HB4926 EnrolledLRB097 19212 RLC 64454 b

1    AN ACT concerning corrections.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Drug Court Treatment Act is amended by
5changing Section 10 as follows:
 
6    (730 ILCS 166/10)
7    Sec. 10. Definitions. As used in this Act:
8    "Drug court", "drug court program", or "program" means an
9immediate and highly structured judicial intervention process
10for substance abuse treatment of eligible defendants that
11brings together substance abuse professionals, local social
12programs, and intensive judicial monitoring in accordance with
13the nationally recommended 10 key components of drug courts.
14    "Drug court professional" means a member of the drug court
15team, including but not limited to a judge, prosecutor, defense
16attorney, probation officer, coordinator, or treatment
17provider, or peer recovery coach involved with the drug court
18program.
19    "Pre-adjudicatory drug court program" means a program that
20allows the defendant, with the consent of the prosecution, to
21expedite the defendant's criminal case before conviction or
22before filing of a criminal case and requires successful
23completion of the drug court program as part of the agreement.

 

 

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1    "Post-adjudicatory drug court program" means a program in
2which the defendant has admitted guilt or has been found guilty
3and agrees, along with the prosecution, to enter a drug court
4program as part of the defendant's sentence.
5    "Combination drug court program" means a drug court program
6that includes a pre-adjudicatory drug court program and a
7post-adjudicatory drug court program.
8(Source: P.A. 92-58, eff. 1-1-02.)
 
9    Section 10. The Veterans and Servicemembers Court
10Treatment Act is amended by changing Sections 10, 15, and 20 as
11follows:
 
12    (730 ILCS 167/10)
13    Sec. 10. Definitions. In this Act:
14    "Combination Veterans and Servicemembers Court program"
15means a court program that includes a pre-adjudicatory and a
16post-adjudicatory Veterans and Servicemembers court program.
17    "Court" means Veterans and Servicemembers Court.
18    "IDVA" means the Illinois Department of Veterans' Affairs.
19    "Post-adjudicatory Veterans and Servicemembers Court
20Program" means a program in which the defendant has admitted
21guilt or has been found guilty and agrees, along with the
22prosecution, to enter a Veterans and Servicemembers Court
23program as part of the defendant's sentence.
24    "Pre-adjudicatory Veterans and Servicemembers Court

 

 

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1Program" means a program that allows the defendant with the
2consent of the prosecution, to expedite the defendant's
3criminal case before conviction or before filing of a criminal
4case and requires successful completion of the Veterans and
5Servicemembers Court programs as part of the agreement.
6    "Servicemember" means a person who is currently serving in
7the Army, Air Force, Marines, Navy, or Coast Guard on active
8duty, reserve status or in the National Guard.
9    "VA" means the United States Department of Veterans'
10Affairs.
11    "Veteran" means a person who served in the active military,
12naval, or air service and who was discharged or released
13therefrom under conditions other than dishonorable.
14    "Veterans and Servicemembers Court professional" means a
15member of the Veterans and Servicemembers Court team, including
16but not limited to a judge, prosecutor, defense attorney,
17probation officer, coordinator, or treatment provider, or peer
18recovery coach involved with the Court program.
19    "Veterans and Servicemembers Court" means a court or
20program with an immediate and highly structured judicial
21intervention process for substance abuse treatment, mental
22health, or other assessed treatment needs of eligible veteran
23and servicemember defendants that brings together substance
24abuse professionals, mental health professionals, VA
25professionals, local social programs and intensive judicial
26monitoring in accordance with the nationally recommended 10 key

 

 

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1components of drug courts.
2(Source: P.A. 96-924, eff. 6-14-10.)
 
3    (730 ILCS 167/15)
4    Sec. 15. Authorization. The Chief Judge of each judicial
5circuit may establish a Veterans and Servicemembers Court
6program including a format under which it operates under this
7Act. The Veterans and Servicemembers Court may, at the
8discretion of the Chief Judge, be a separate court or a program
9of a problem-solving court, including but not limited to a drug
10court or mental health court within the Circuit. At the
11discretion of the Chief Judge, the Veterans and Servicemembers
12Court program may be operated in one county in the Circuit, and
13allow veteran and servicemember defendants from all counties
14within the Circuit to participate.
15(Source: P.A. 96-924, eff. 6-14-10.)
 
16    (730 ILCS 167/20)
17    Sec. 20. Eligibility. Veterans and Servicemembers are
18eligible for Veterans and Servicemembers Courts, provided the
19following:
20    (a) A defendant may be admitted into a Veterans and
21Servicemembers Court program only upon the agreement of the
22prosecutor and the defendant and with the approval of the
23Court.
24    (b) A defendant shall be excluded from Veterans and

 

 

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1Servicemembers Court program if any of one of the following
2applies:
3        (1) The crime is a crime of violence as set forth in
4    clause (3) of this subsection (b).
5        (2) The defendant does not demonstrate a willingness to
6    participate in a treatment program.
7        (3) The defendant has been convicted of a crime of
8    violence within the past 10 years excluding incarceration
9    time, including but not limited to: first degree murder,
10    second degree murder, predatory criminal sexual assault of
11    a child, aggravated criminal sexual assault, criminal
12    sexual assault, armed robbery, aggravated arson, arson,
13    aggravated kidnapping and kidnapping, aggravated battery
14    resulting in great bodily harm or permanent disability,
15    stalking, aggravated stalking, or any offense involving
16    the discharge of a firearm or where occurred serious bodily
17    injury or death to any person.
18        (4) (Blank). The defendant has previously completed or
19    has been discharged from a Veterans and Servicemembers
20    Court program within three years of that completion or
21    discharge.
22(Source: P.A. 96-924, eff. 6-14-10.)
 
23    Section 15. The Mental Health Court Treatment Act is
24amended by changing Sections 10 and 20 as follows:
 

 

 

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1    (730 ILCS 168/10)
2    Sec. 10. Definitions. As used in this Act:
3    "Mental health court", "mental health court program", or
4"program" means a structured judicial intervention process for
5mental health treatment of eligible defendants that brings
6together mental health professionals, local social programs,
7and intensive judicial monitoring.
8    "Mental health court professional" means a member of the
9mental health court team, including but not limited to a judge,
10prosecutor, defense attorney, probation officer, coordinator,
11or treatment provider, or peer recovery coach involved with the
12mental health court program.
13    "Pre-adjudicatory mental health court program" means a
14program that allows the defendant, with the consent of the
15prosecution, to expedite the defendant's criminal case before
16conviction or before filing of a criminal case and requires
17successful completion of the mental health court program as
18part of the agreement.
19    "Post-adjudicatory mental health court program" means a
20program in which the defendant has admitted guilt or has been
21found guilty and agrees, along with the prosecution, to enter a
22mental health court program as part of the defendant's
23sentence.
24    "Combination mental health court program" means a mental
25health court program that includes a pre-adjudicatory mental
26health court program and a post-adjudicatory mental health

 

 

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1court program.
2    "Co-occurring mental health and substance abuse court
3program" means a program that includes persons with
4co-occurring mental illness and substance abuse problems. Such
5programs shall include professionals with training and
6experience in treating persons with substance abuse problems
7and mental illness.
8(Source: P.A. 95-606, eff. 6-1-08.)
 
9    (730 ILCS 168/20)
10    Sec. 20. Eligibility.
11    (a) A defendant may be admitted into a mental health court
12program only upon the agreement of the prosecutor and the
13defendant and with the approval of the court.
14    (b) A defendant shall be excluded from a mental health
15court program if any one of the following applies:
16        (1) The crime is a crime of violence as set forth in
17    clause (3) of this subsection (b).
18        (2) The defendant does not demonstrate a willingness to
19    participate in a treatment program.
20        (3) The defendant has been convicted of a crime of
21    violence within the past 10 years excluding incarceration
22    time, specifically first degree murder, second degree
23    murder, predatory criminal sexual assault of a child,
24    aggravated criminal sexual assault, criminal sexual
25    assault, armed robbery, aggravated arson, arson,

 

 

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1    aggravated kidnapping, kidnapping, stalking, aggravated
2    stalking, or any offense involving the discharge of a
3    firearm.
4        (4) (Blank). The defendant has previously completed or
5    has been discharged from a mental health court program
6    within 3 years of completion or discharge.
7(Source: P.A. 95-606, eff. 6-1-08.)
 
8    Section 20. The Mental Health and Developmental
9Disabilities Confidentiality Act is amended by changing
10Section 9.2 as follows:
 
11    (740 ILCS 110/9.2)
12    Sec. 9.2. Interagency disclosure of recipient information.
13For the purposes of continuity of care, the Department of Human
14Services (as successor to the Department of Mental Health and
15Developmental Disabilities), community agencies funded by the
16Department of Human Services in that capacity, licensed private
17hospitals receiving payments from the Department of Human
18Services or the Department of Healthcare and Family Services,
19State correctional facilities, mental health facilities
20operated by a county, mental health court professionals as
21defined in Section 10 of the Mental Health Court Treatment Act,
22Veterans and Servicemembers Court professionals as defined in
23Section 10 of the Veterans and Servicemembers Court Treatment
24Act and jails and juvenile detention facilities and jails

 

 

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1operated by any county of this State may disclose a recipient's
2record or communications, without consent, to each other, but
3only for the purpose of admission, treatment, planning, or
4discharge. Entities shall not redisclose any personally
5identifiable information, unless necessary for admission,
6treatment, planning, or discharge of the identified recipient
7to another setting. No records or communications may be
8disclosed to a county jail or State correctional facility
9pursuant to this Section unless the Department has entered into
10a written agreement with the county jail or State correctional
11facility requiring that the county jail or State correctional
12facility adopt written policies and procedures designed to
13ensure that the records and communications are disclosed only
14to those persons employed by or under contract to the county
15jail or State correctional facility who are involved in the
16provision of mental health services to inmates and that the
17records and communications are protected from further
18disclosure.
19(Source: P.A. 96-1399, eff. 7-29-10; 96-1453, eff. 8-20-10.)
 
20    Section 99. Effective date. This Act takes effect upon
21becoming law.