Full Text of SB1397 100th General Assembly
SB1397 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 SB1397 Introduced 2/9/2017, by Sen. John G. Mulroe SYNOPSIS AS INTRODUCED: |
| 730 ILCS 167/20 | | 730 ILCS 168/20 | |
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Amends the Veterans and Servicemembers Court
Treatment Act and the Mental Health Court Treatment Act. Removes provisions that a person may be admitted into a Veterans and Servicemembers Court program
or a mental health court program only upon the agreement of the prosecutor. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Veterans and Servicemembers Court
Treatment | 5 | | Act is amended by changing Section 20 as follows: | 6 | | (730 ILCS 167/20)
| 7 | | Sec. 20. Eligibility. Veterans and Servicemembers are | 8 | | eligible for Veterans and
Servicemembers Courts, provided the | 9 | | following:
| 10 | | (a) A defendant, who is eligible for probation based on the | 11 | | nature of the crime convicted of and in consideration of his or | 12 | | her criminal background, if any, may be admitted into a | 13 | | Veterans and Servicemembers Court program
only upon the | 14 | | agreement of the prosecutor and the defendant and with the | 15 | | approval of the Court.
| 16 | | (b) A defendant shall be excluded from Veterans and | 17 | | Servicemembers Court program if
any of one of the following | 18 | | applies:
| 19 | | (1) The crime is a crime of violence as set forth in | 20 | | clause (3) of this subsection (b). | 21 | | (2) The defendant does not demonstrate a willingness to | 22 | | participate in a treatment
program.
| 23 | | (3) The defendant has been convicted of a crime of |
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| 1 | | violence within the past 10
years excluding incarceration | 2 | | time. As used in this Section, "crime of violence" means: | 3 | | first degree murder,
second degree murder, predatory | 4 | | criminal sexual assault of a child, aggravated criminal
| 5 | | sexual assault, criminal sexual assault, armed robbery, | 6 | | aggravated arson, arson,
aggravated kidnapping and | 7 | | kidnapping, aggravated battery resulting in great bodily | 8 | | harm
or permanent disability, stalking, aggravated | 9 | | stalking, or any offense involving the
discharge of a | 10 | | firearm or where occurred serious bodily injury or death to | 11 | | any person. | 12 | | (4) (Blank).
| 13 | | (5) The crime for which the defendant has been | 14 | | convicted is non-probationable. | 15 | | (6) The sentence imposed on the defendant, whether the | 16 | | result of a plea or a finding of guilt, renders the | 17 | | defendant ineligible for probation.
| 18 | | (Source: P.A. 98-152, eff. 1-1-14; 99-480, eff. 9-9-15.) | 19 | | Section 10. The Mental Health Court Treatment Act is | 20 | | amended by changing Section 20 as follows: | 21 | | (730 ILCS 168/20)
| 22 | | Sec. 20. Eligibility. | 23 | | (a) A defendant, who is eligible for probation based on the | 24 | | nature of the crime convicted of and in consideration of his or |
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| 1 | | her criminal background, if any, may be admitted into a mental | 2 | | health court program only upon the agreement of the prosecutor | 3 | | and the defendant and with the approval of the court. | 4 | | (b) A defendant shall be excluded from a mental health | 5 | | court program if any one of the following applies: | 6 | | (1) The crime is a crime of violence as set forth in | 7 | | clause (3) of this subsection (b). | 8 | | (2) The defendant does not demonstrate a willingness to | 9 | | participate in a treatment program. | 10 | | (3) The defendant has been convicted of a crime of | 11 | | violence within the past 10 years excluding incarceration | 12 | | time, specifically first degree murder, second degree | 13 | | murder, predatory criminal sexual assault of a child, | 14 | | aggravated criminal sexual assault, criminal sexual | 15 | | assault, armed robbery, aggravated arson, arson, | 16 | | aggravated kidnapping, kidnapping, stalking, aggravated | 17 | | stalking, or any offense involving the discharge of a | 18 | | firearm. | 19 | | (4) (Blank). | 20 | | (5) The crime for which the defendant has been | 21 | | convicted is non-probationable. | 22 | | (6) The sentence imposed on the defendant, whether the | 23 | | result of a plea or a finding of guilt, renders the | 24 | | defendant ineligible for probation.
| 25 | | (c) A defendant charged with prostitution under Section | 26 | | 11-14 of the Criminal Code of 2012 may be admitted into a |
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| 1 | | mental health court program, if available in the jurisdiction | 2 | | and provided that the requirements in subsections (a) and (b) | 3 | | are satisfied. Mental health court programs may include | 4 | | specialized service programs specifically designed to address | 5 | | the trauma associated with prostitution and human trafficking, | 6 | | and may offer those specialized services to defendants admitted | 7 | | to the mental health court program. Judicial circuits | 8 | | establishing these specialized programs shall partner with | 9 | | prostitution and human trafficking advocates, survivors, and | 10 | | service providers in the development of the programs. | 11 | | (Source: P.A. 97-946, eff. 8-13-12; 98-152, eff. 1-1-14; | 12 | | 98-538, eff. 8-23-13; 98-621, eff. 1-7-14.)
| 13 | | Section 99. Effective date. This Act takes effect upon | 14 | | becoming law.
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