Full Text of SB1007 98th General Assembly
SB1007enr 98TH GENERAL ASSEMBLY
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AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
The Mental Health Court Treatment Act is amended
by changing Section 20 as follows:
(730 ILCS 168/20)
(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
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assault, armed robbery, aggravated arson, arson,
aggravated kidnapping, kidnapping, stalking, aggravated
stalking, or any offense involving the discharge of a
(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,
which may include specialized
service programs specifically designed to address the trauma
associated with prostitution and human trafficking,
available in the jurisdiction and provided that the
requirements in subsections (a) and (b) are satisfied.
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;
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98-538, eff. 8-23-13; revised 8-28-13.)
No acceleration or delay.
Where this Act makes
changes in a statute that is represented in this Act by text
that is not yet or no longer in effect (for example, a Section
represented by multiple versions), the use of that text does
not accelerate or delay the taking effect of (i) the changes
made by this Act or (ii) provisions derived from any other
This Act takes effect upon