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Full Text of HB4926  97th General Assembly

HB4926ham001 97TH GENERAL ASSEMBLY

Rep. Michael G. Connelly

Filed: 3/2/2012

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 4926

2    AMENDMENT NO. ______. Amend House Bill 4926 by replacing
3everything after the enacting clause with the following:
 
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

 

 

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

 

 

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1    "IDVA" means the Illinois Department of Veterans' Affairs.
2    "Post-adjudicatory Veterans and Servicemembers Court
3Program" means a program in which the defendant has admitted
4guilt or has been found guilty and agrees, along with the
5prosecution, to enter a Veterans and Servicemembers Court
6program as part of the defendant's sentence.
7    "Pre-adjudicatory Veterans and Servicemembers Court
8Program" means a program that allows the defendant with the
9consent of the prosecution, to expedite the defendant's
10criminal case before conviction or before filing of a criminal
11case and requires successful completion of the Veterans and
12Servicemembers Court programs as part of the agreement.
13    "Servicemember" means a person who is currently serving in
14the Army, Air Force, Marines, Navy, or Coast Guard on active
15duty, reserve status or in the National Guard.
16    "VA" means the United States Department of Veterans'
17Affairs.
18    "Veteran" means a person who served in the active military,
19naval, or air service and who was discharged or released
20therefrom under conditions other than dishonorable.
21    "Veterans and Servicemembers Court professional" means a
22member of the Veterans and Servicemembers Court team, including
23but not limited to a judge, prosecutor, defense attorney,
24probation officer, coordinator, or treatment provider, or peer
25recovery coach involved with the Court program.
26    "Veterans and Servicemembers Court" means a court or

 

 

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1program with an immediate and highly structured judicial
2intervention process for substance abuse treatment, mental
3health, or other assessed treatment needs of eligible veteran
4and servicemember defendants that brings together substance
5abuse professionals, mental health professionals, VA
6professionals, local social programs and intensive judicial
7monitoring in accordance with the nationally recommended 10 key
8components of drug courts.
9(Source: P.A. 96-924, eff. 6-14-10.)
 
10    (730 ILCS 167/15)
11    Sec. 15. Authorization. The Chief Judge of each judicial
12circuit may establish a Veterans and Servicemembers Court
13program including a format under which it operates under this
14Act. The Veterans and Servicemembers Court may, at the
15discretion of the Chief Judge, be a separate court or a program
16of a problem-solving court, including but not limited to a drug
17court or mental health court within the Circuit. At the
18discretion of the Chief Judge, the Veterans and Servicemembers
19Court program may be operated in one county in the Circuit, and
20allow veteran and servicemember defendants from all counties
21within the Circuit to participate.
22(Source: P.A. 96-924, eff. 6-14-10.)
 
23    (730 ILCS 167/20)
24    Sec. 20. Eligibility. Veterans and Servicemembers are

 

 

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1eligible for Veterans and Servicemembers Courts, provided the
2following:
3    (a) A defendant may be admitted into a Veterans and
4Servicemembers Court program only upon the agreement of the
5prosecutor and the defendant and with the approval of the
6Court.
7    (b) A defendant shall be excluded from Veterans and
8Servicemembers Court program if any of one of the following
9applies:
10        (1) The crime is a crime of violence as set forth in
11    clause (3) of this subsection (b).
12        (2) The defendant does not demonstrate a willingness to
13    participate in a treatment program.
14        (3) The defendant has been convicted of a crime of
15    violence within the past 10 years excluding incarceration
16    time, including but not limited to: first degree murder,
17    second degree murder, predatory criminal sexual assault of
18    a child, aggravated criminal sexual assault, criminal
19    sexual assault, armed robbery, aggravated arson, arson,
20    aggravated kidnapping and kidnapping, aggravated battery
21    resulting in great bodily harm or permanent disability,
22    stalking, aggravated stalking, or any offense involving
23    the discharge of a firearm or where occurred serious bodily
24    injury or death to any person.
25        (4) (Blank). The defendant has previously completed or
26    has been discharged from a Veterans and Servicemembers

 

 

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1    Court program within three years of that completion or
2    discharge.
3(Source: P.A. 96-924, eff. 6-14-10.)
 
4    Section 15. The Mental Health Court Treatment Act is
5amended by changing Sections 10 and 20 as follows:
 
6    (730 ILCS 168/10)
7    Sec. 10. Definitions. As used in this Act:
8    "Mental health court", "mental health court program", or
9"program" means a structured judicial intervention process for
10mental health treatment of eligible defendants that brings
11together mental health professionals, local social programs,
12and intensive judicial monitoring.
13    "Mental health court professional" means a member of the
14mental health court team, including but not limited to a judge,
15prosecutor, defense attorney, probation officer, coordinator,
16or treatment provider, or peer recovery coach involved with the
17mental health court program.
18    "Pre-adjudicatory mental health court program" means a
19program that allows the defendant, with the consent of the
20prosecution, to expedite the defendant's criminal case before
21conviction or before filing of a criminal case and requires
22successful completion of the mental health court program as
23part of the agreement.
24    "Post-adjudicatory mental health court program" means a

 

 

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1program in which the defendant has admitted guilt or has been
2found guilty and agrees, along with the prosecution, to enter a
3mental health court program as part of the defendant's
4sentence.
5    "Combination mental health court program" means a mental
6health court program that includes a pre-adjudicatory mental
7health court program and a post-adjudicatory mental health
8court program.
9    "Co-occurring mental health and substance abuse court
10program" means a program that includes persons with
11co-occurring mental illness and substance abuse problems. Such
12programs shall include professionals with training and
13experience in treating persons with substance abuse problems
14and mental illness.
15(Source: P.A. 95-606, eff. 6-1-08.)
 
16    (730 ILCS 168/20)
17    Sec. 20. Eligibility.
18    (a) A defendant may be admitted into a mental health court
19program only upon the agreement of the prosecutor and the
20defendant and with the approval of the court.
21    (b) A defendant shall be excluded from a mental health
22court program if any one of the following applies:
23        (1) The crime is a crime of violence as set forth in
24    clause (3) of this subsection (b).
25        (2) The defendant does not demonstrate a willingness to

 

 

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1    participate in a treatment program.
2        (3) The defendant has been convicted of a crime of
3    violence within the past 10 years excluding incarceration
4    time, specifically first degree murder, second degree
5    murder, predatory criminal sexual assault of a child,
6    aggravated criminal sexual assault, criminal sexual
7    assault, armed robbery, aggravated arson, arson,
8    aggravated kidnapping, kidnapping, stalking, aggravated
9    stalking, or any offense involving the discharge of a
10    firearm.
11        (4) (Blank). The defendant has previously completed or
12    has been discharged from a mental health court program
13    within 3 years of completion or discharge.
14(Source: P.A. 95-606, eff. 6-1-08.)
 
15    Section 20. The Mental Health and Developmental
16Disabilities Confidentiality Act is amended by changing
17Section 9.2 as follows:
 
18    (740 ILCS 110/9.2)
19    Sec. 9.2. Interagency disclosure of recipient information.
20For the purposes of continuity of care, the Department of Human
21Services (as successor to the Department of Mental Health and
22Developmental Disabilities), community agencies funded by the
23Department of Human Services in that capacity, licensed private
24hospitals receiving payments from the Department of Human

 

 

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1Services or the Department of Healthcare and Family Services,
2State correctional facilities, mental health facilities
3operated by a county, mental health court professionals as
4defined in Section 10 of the Mental Health Court Treatment Act,
5Veterans and Servicemembers Court professionals as defined in
6Section 10 of the Veterans and Servicemembers Court Treatment
7Act and jails and juvenile detention facilities and jails
8operated by any county of this State may disclose a recipient's
9record or communications, without consent, to each other, but
10only for the purpose of admission, treatment, planning, or
11discharge. Entities shall not redisclose any personally
12identifiable information, unless necessary for admission,
13treatment, planning, or discharge of the identified recipient
14to another setting. No records or communications may be
15disclosed to a county jail or State correctional facility
16pursuant to this Section unless the Department has entered into
17a written agreement with the county jail or State correctional
18facility requiring that the county jail or State correctional
19facility adopt written policies and procedures designed to
20ensure that the records and communications are disclosed only
21to those persons employed by or under contract to the county
22jail or State correctional facility who are involved in the
23provision of mental health services to inmates and that the
24records and communications are protected from further
25disclosure.
26(Source: P.A. 96-1399, eff. 7-29-10; 96-1453, eff. 8-20-10.)
 

 

 

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1    Section 99. Effective date. This Act takes effect upon
2becoming law.".