Illinois General Assembly - Full Text of SB1007
Illinois General Assembly

Previous General Assemblies

Full Text of SB1007  98th General Assembly


Sen. John G. Mulroe

Filed: 10/22/2013





09800SB1007sam001LRB098 05268 RLC 47566 a


2    AMENDMENT NO. ______. Amend Senate Bill 1007 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Mental Health Court Treatment Act is
5amended 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
9nature of the crime convicted of and in consideration of his or
10her criminal background, if any, may be admitted into a mental
11health court program only upon the agreement of the prosecutor
12and the defendant and with the approval of the court.
13    (b) A defendant shall be excluded from a mental health
14court 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).



09800SB1007sam001- 2 -LRB098 05268 RLC 47566 a

1        (2) The defendant does not demonstrate a willingness to
2    participate in a treatment program.
3        (3) The defendant has been convicted of a crime of
4    violence within the past 10 years excluding incarceration
5    time, specifically first degree murder, second degree
6    murder, predatory criminal sexual assault of a child,
7    aggravated criminal sexual assault, criminal sexual
8    assault, armed robbery, aggravated arson, arson,
9    aggravated kidnapping, kidnapping, stalking, aggravated
10    stalking, or any offense involving the discharge of a
11    firearm.
12        (4) (Blank).
13        (5) The crime for which the defendant has been
14    convicted is non-probationable.
15        (6) The sentence imposed on the defendant, whether the
16    result of a plea or a finding of guilt, renders the
17    defendant ineligible for probation.
18    (c) A defendant charged with prostitution under Section
1911-14 of the Criminal Code of 2012 may be admitted into a
20mental health court program, which may include specialized
21service programs specifically designed to address the trauma
22associated with prostitution and human trafficking, if
23available in the jurisdiction and provided that the
24requirements in subsections (a) and (b) are satisfied. Mental
25health court programs may include specialized service programs
26specifically designed to address the trauma associated with



09800SB1007sam001- 3 -LRB098 05268 RLC 47566 a

1prostitution and human trafficking, and may offer those
2specialized services to defendants admitted to the mental
3health court program. Judicial circuits establishing these
4specialized programs shall partner with prostitution and human
5trafficking advocates, survivors, and service providers in the
6development of the programs.
7(Source: P.A. 97-946, eff. 8-13-12; 98-152, eff. 1-1-14;
898-538, eff. 8-23-13; revised 8-28-13.)
9    Section 95. No acceleration or delay. Where this Act makes
10changes in a statute that is represented in this Act by text
11that is not yet or no longer in effect (for example, a Section
12represented by multiple versions), the use of that text does
13not accelerate or delay the taking effect of (i) the changes
14made by this Act or (ii) provisions derived from any other
15Public Act.
16    Section 99. Effective date. This Act takes effect upon
17becoming law.".