Full Text of SB1007 98th General Assembly
SB1007eng 98TH GENERAL ASSEMBLY |
| | SB1007 Engrossed | | LRB098 05268 MRW 35300 b |
|
| 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 Mental Health Court Treatment Act is amended | 5 | | by changing Section 20 as follows: | 6 | | (730 ILCS 168/20)
| 7 | | Sec. 20. Eligibility. | 8 | | (a) A defendant, who is eligible for probation based on the | 9 | | nature of the crime convicted of and in consideration of his or | 10 | | her criminal background, if any, may be admitted into a mental | 11 | | health court program only upon the agreement of the prosecutor | 12 | | and the defendant and with the approval of the court. | 13 | | (b) A defendant shall be excluded from a mental health | 14 | | court program if any one of the following applies: | 15 | | (1) The crime is a crime of violence as set forth in | 16 | | clause (3) of this subsection (b). | 17 | | (2) The defendant does not demonstrate a willingness to | 18 | | participate in a treatment program. | 19 | | (3) The defendant has been convicted of a crime of | 20 | | violence within the past 10 years excluding incarceration | 21 | | time, specifically first degree murder, second degree | 22 | | murder, predatory criminal sexual assault of a child, | 23 | | aggravated criminal sexual assault, criminal sexual |
| | | SB1007 Engrossed | - 2 - | LRB098 05268 MRW 35300 b |
|
| 1 | | assault, armed robbery, aggravated arson, arson, | 2 | | aggravated kidnapping, kidnapping, stalking, aggravated | 3 | | stalking, or any offense involving the discharge of a | 4 | | firearm. | 5 | | (4) (Blank). | 6 | | (5) The crime for which the defendant has been | 7 | | convicted is non-probationable. | 8 | | (6) The sentence imposed on the defendant, whether the | 9 | | result of a plea or a finding of guilt, renders the | 10 | | defendant ineligible for probation.
| 11 | | (c) A defendant charged with prostitution under Section | 12 | | 11-14 of the Criminal Code of 2012 may be admitted into a | 13 | | mental health court program, which may include specialized | 14 | | service programs specifically designed to address the trauma | 15 | | associated with prostitution and human trafficking, if | 16 | | available in the jurisdiction and provided that the | 17 | | requirements in subsections (a) and (b) are satisfied. Mental | 18 | | health court programs may include specialized service programs | 19 | | specifically designed to address the trauma associated with | 20 | | prostitution and human trafficking, and may offer those | 21 | | specialized services to defendants admitted to the mental | 22 | | health court program. Judicial circuits establishing these | 23 | | specialized programs shall partner with prostitution and human | 24 | | trafficking advocates, survivors, and service providers in the | 25 | | development of the programs. | 26 | | (Source: P.A. 97-946, eff. 8-13-12; 98-152, eff. 1-1-14; |
| | | SB1007 Engrossed | - 3 - | LRB098 05268 MRW 35300 b |
|
| 1 | | 98-538, eff. 8-23-13; revised 8-28-13.) | 2 | | Section 95. No acceleration or delay. Where this Act makes | 3 | | changes in a statute that is represented in this Act by text | 4 | | that is not yet or no longer in effect (for example, a Section | 5 | | represented by multiple versions), the use of that text does | 6 | | not accelerate or delay the taking effect of (i) the changes | 7 | | made by this Act or (ii) provisions derived from any other | 8 | | Public Act.
| 9 | | Section 99. Effective date. This Act takes effect upon | 10 | | becoming law. |
|