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730 ILCS 168/20

    (730 ILCS 168/20)
    (Text of Section before amendment by P.A. 100-426)
    Sec. 20. Eligibility.
    (a) A defendant, who is eligible for probation based on the nature of the crime convicted of and in consideration of his or her criminal background, if any, may be admitted into a mental health court program only upon the agreement of the prosecutor and the defendant and with the approval of the court.
    (b) A defendant shall be excluded from a mental health court program if any one of the following applies:
        (1) The crime is a crime of violence as set forth in
    
clause (3) of this subsection (b).
        (2) The defendant does not demonstrate a willingness
    
to participate in a treatment program.
        (3) The defendant has been convicted of a crime of
    
violence within the past 10 years excluding incarceration time, specifically first degree murder, second degree murder, predatory criminal sexual assault of a child, aggravated criminal sexual assault, criminal sexual assault, armed robbery, aggravated arson, arson, aggravated kidnapping, kidnapping, stalking, aggravated stalking, or any offense involving the discharge of a firearm.
        (4) (Blank).
        (5) The crime for which the defendant has been
    
convicted is non-probationable.
        (6) The sentence imposed on the defendant, whether
    
the result of a plea or a finding of guilt, renders the defendant ineligible for probation.
    (c) A defendant charged with prostitution under Section 11-14 of the Criminal Code of 2012 may be admitted into a mental health court program, if available in the jurisdiction and provided that the requirements in subsections (a) and (b) are satisfied. Mental health court programs may include specialized service programs specifically designed to address the trauma associated with prostitution and human trafficking, and may offer those specialized services to defendants admitted to the mental health court program. Judicial circuits establishing these specialized programs shall partner with prostitution and human trafficking advocates, survivors, and service providers in the development of the programs.
(Source: P.A. 97-946, eff. 8-13-12; 98-152, eff. 1-1-14; 98-538, eff. 8-23-13; 98-621, eff. 1-7-14.)
 
    (Text of Section after amendment by P.A. 100-426)
    Sec. 20. Eligibility.
    (a) A defendant, who is eligible for probation based on the nature of the crime convicted of and in consideration of his or her criminal background, if any, may be admitted into a mental health court program only upon the agreement of the defendant and with the approval of the court.
    (b) A defendant shall be excluded from a mental health court program if any one of the following applies:
        (1) The crime is a crime of violence as set forth in
    
clause (3) of this subsection (b).
        (2) The defendant does not demonstrate a willingness
    
to participate in a treatment program.
        (3) The defendant has been convicted of a crime of
    
violence within the past 10 years excluding incarceration time. As used in this paragraph (3), "crime of violence" means: first degree murder, second degree murder, predatory criminal sexual assault of a child, aggravated criminal sexual assault, criminal sexual assault, armed robbery, aggravated arson, arson, aggravated kidnapping, kidnapping, aggravated battery resulting in great bodily harm or permanent disability, stalking, aggravated stalking, or any offense involving the discharge of a firearm.
        (4) (Blank).
        (5) The crime for which the defendant has been
    
convicted is non-probationable.
        (6) The sentence imposed on the defendant, whether
    
the result of a plea or a finding of guilt, renders the defendant ineligible for probation.
    (c) A defendant charged with prostitution under Section 11-14 of the Criminal Code of 2012 may be admitted into a mental health court program, if available in the jurisdiction and provided that the requirements in subsections (a) and (b) are satisfied. Mental health court programs may include specialized service programs specifically designed to address the trauma associated with prostitution and human trafficking, and may offer those specialized services to defendants admitted to the mental health court program. Judicial circuits establishing these specialized programs shall partner with prostitution and human trafficking advocates, survivors, and service providers in the development of the programs.
(Source: P.A. 100-426, eff. 1-1-18.)