Public Act 097-0946
 
HB4926 EnrolledLRB097 19212 RLC 64454 b

    AN ACT concerning corrections.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Drug Court Treatment Act is amended by
changing Section 10 as follows:
 
    (730 ILCS 166/10)
    Sec. 10. Definitions. As used in this Act:
    "Drug court", "drug court program", or "program" means an
immediate and highly structured judicial intervention process
for substance abuse treatment of eligible defendants that
brings together substance abuse professionals, local social
programs, and intensive judicial monitoring in accordance with
the nationally recommended 10 key components of drug courts.
    "Drug court professional" means a member of the drug court
team, including but not limited to a judge, prosecutor, defense
attorney, probation officer, coordinator, or treatment
provider, or peer recovery coach involved with the drug court
program.
    "Pre-adjudicatory drug court program" means a program that
allows the defendant, with the consent of the prosecution, to
expedite the defendant's criminal case before conviction or
before filing of a criminal case and requires successful
completion of the drug court program as part of the agreement.
    "Post-adjudicatory drug court program" means a program in
which the defendant has admitted guilt or has been found guilty
and agrees, along with the prosecution, to enter a drug court
program as part of the defendant's sentence.
    "Combination drug court program" means a drug court program
that includes a pre-adjudicatory drug court program and a
post-adjudicatory drug court program.
(Source: P.A. 92-58, eff. 1-1-02.)
 
    Section 10. The Veterans and Servicemembers Court
Treatment Act is amended by changing Sections 10, 15, and 20 as
follows:
 
    (730 ILCS 167/10)
    Sec. 10. Definitions. In this Act:
    "Combination Veterans and Servicemembers Court program"
means a court program that includes a pre-adjudicatory and a
post-adjudicatory Veterans and Servicemembers court program.
    "Court" means Veterans and Servicemembers Court.
    "IDVA" means the Illinois Department of Veterans' Affairs.
    "Post-adjudicatory Veterans and Servicemembers Court
Program" means a program in which the defendant has admitted
guilt or has been found guilty and agrees, along with the
prosecution, to enter a Veterans and Servicemembers Court
program as part of the defendant's sentence.
    "Pre-adjudicatory Veterans and Servicemembers Court
Program" means a program that allows the defendant with the
consent of the prosecution, to expedite the defendant's
criminal case before conviction or before filing of a criminal
case and requires successful completion of the Veterans and
Servicemembers Court programs as part of the agreement.
    "Servicemember" means a person who is currently serving in
the Army, Air Force, Marines, Navy, or Coast Guard on active
duty, reserve status or in the National Guard.
    "VA" means the United States Department of Veterans'
Affairs.
    "Veteran" means a person who served in the active military,
naval, or air service and who was discharged or released
therefrom under conditions other than dishonorable.
    "Veterans and Servicemembers Court professional" means a
member of the Veterans and Servicemembers Court team, including
but not limited to a judge, prosecutor, defense attorney,
probation officer, coordinator, or treatment provider, or peer
recovery coach involved with the Court program.
    "Veterans and Servicemembers Court" means a court or
program with an immediate and highly structured judicial
intervention process for substance abuse treatment, mental
health, or other assessed treatment needs of eligible veteran
and servicemember defendants that brings together substance
abuse professionals, mental health professionals, VA
professionals, local social programs and intensive judicial
monitoring in accordance with the nationally recommended 10 key
components of drug courts.
(Source: P.A. 96-924, eff. 6-14-10.)
 
    (730 ILCS 167/15)
    Sec. 15. Authorization. The Chief Judge of each judicial
circuit may establish a Veterans and Servicemembers Court
program including a format under which it operates under this
Act. The Veterans and Servicemembers Court may, at the
discretion of the Chief Judge, be a separate court or a program
of a problem-solving court, including but not limited to a drug
court or mental health court within the Circuit. At the
discretion of the Chief Judge, the Veterans and Servicemembers
Court program may be operated in one county in the Circuit, and
allow veteran and servicemember defendants from all counties
within the Circuit to participate.
(Source: P.A. 96-924, eff. 6-14-10.)
 
    (730 ILCS 167/20)
    Sec. 20. Eligibility. Veterans and Servicemembers are
eligible for Veterans and Servicemembers Courts, provided the
following:
    (a) A defendant may be admitted into a Veterans and
Servicemembers 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 Veterans and
Servicemembers Court program if any of 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, including but not limited to: 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 and kidnapping, aggravated battery
    resulting in great bodily harm or permanent disability,
    stalking, aggravated stalking, or any offense involving
    the discharge of a firearm or where occurred serious bodily
    injury or death to any person.
        (4) (Blank). The defendant has previously completed or
    has been discharged from a Veterans and Servicemembers
    Court program within three years of that completion or
    discharge.
(Source: P.A. 96-924, eff. 6-14-10.)
 
    Section 15. The Mental Health Court Treatment Act is
amended by changing Sections 10 and 20 as follows:
 
    (730 ILCS 168/10)
    Sec. 10. Definitions. As used in this Act:
    "Mental health court", "mental health court program", or
"program" means a structured judicial intervention process for
mental health treatment of eligible defendants that brings
together mental health professionals, local social programs,
and intensive judicial monitoring.
    "Mental health court professional" means a member of the
mental health court team, including but not limited to a judge,
prosecutor, defense attorney, probation officer, coordinator,
or treatment provider, or peer recovery coach involved with the
mental health court program.
    "Pre-adjudicatory mental health court program" means a
program that allows the defendant, with the consent of the
prosecution, to expedite the defendant's criminal case before
conviction or before filing of a criminal case and requires
successful completion of the mental health court program as
part of the agreement.
    "Post-adjudicatory mental health court program" means a
program in which the defendant has admitted guilt or has been
found guilty and agrees, along with the prosecution, to enter a
mental health court program as part of the defendant's
sentence.
    "Combination mental health court program" means a mental
health court program that includes a pre-adjudicatory mental
health court program and a post-adjudicatory mental health
court program.
    "Co-occurring mental health and substance abuse court
program" means a program that includes persons with
co-occurring mental illness and substance abuse problems. Such
programs shall include professionals with training and
experience in treating persons with substance abuse problems
and mental illness.
(Source: P.A. 95-606, eff. 6-1-08.)
 
    (730 ILCS 168/20)
    Sec. 20. Eligibility.
    (a) A defendant 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). The defendant has previously completed or
    has been discharged from a mental health court program
    within 3 years of completion or discharge.
(Source: P.A. 95-606, eff. 6-1-08.)
 
    Section 20. The Mental Health and Developmental
Disabilities Confidentiality Act is amended by changing
Section 9.2 as follows:
 
    (740 ILCS 110/9.2)
    Sec. 9.2. Interagency disclosure of recipient information.
For the purposes of continuity of care, the Department of Human
Services (as successor to the Department of Mental Health and
Developmental Disabilities), community agencies funded by the
Department of Human Services in that capacity, licensed private
hospitals receiving payments from the Department of Human
Services or the Department of Healthcare and Family Services,
State correctional facilities, mental health facilities
operated by a county, mental health court professionals as
defined in Section 10 of the Mental Health Court Treatment Act,
Veterans and Servicemembers Court professionals as defined in
Section 10 of the Veterans and Servicemembers Court Treatment
Act and jails and juvenile detention facilities and jails
operated by any county of this State may disclose a recipient's
record or communications, without consent, to each other, but
only for the purpose of admission, treatment, planning, or
discharge. Entities shall not redisclose any personally
identifiable information, unless necessary for admission,
treatment, planning, or discharge of the identified recipient
to another setting. No records or communications may be
disclosed to a county jail or State correctional facility
pursuant to this Section unless the Department has entered into
a written agreement with the county jail or State correctional
facility requiring that the county jail or State correctional
facility adopt written policies and procedures designed to
ensure that the records and communications are disclosed only
to those persons employed by or under contract to the county
jail or State correctional facility who are involved in the
provision of mental health services to inmates and that the
records and communications are protected from further
disclosure.
(Source: P.A. 96-1399, eff. 7-29-10; 96-1453, eff. 8-20-10.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.