Illinois General Assembly - Full Text of SB1007
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Full Text of SB1007  98th General Assembly



SB1007 EnrolledLRB098 05268 MRW 35300 b

1    AN ACT concerning criminal law.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Mental Health Court Treatment Act is amended
5by 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).
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



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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
1211-14 of the Criminal Code of 2012 may be admitted into a
13mental health court program, which may include specialized
14service programs specifically designed to address the trauma
15associated with prostitution and human trafficking, if
16available in the jurisdiction and provided that the
17requirements in subsections (a) and (b) are satisfied. Mental
18health court programs may include specialized service programs
19specifically designed to address the trauma associated with
20prostitution and human trafficking, and may offer those
21specialized services to defendants admitted to the mental
22health court program. Judicial circuits establishing these
23specialized programs shall partner with prostitution and human
24trafficking advocates, survivors, and service providers in the
25development of the programs.
26(Source: P.A. 97-946, eff. 8-13-12; 98-152, eff. 1-1-14;



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198-538, eff. 8-23-13; revised 8-28-13.)
2    Section 95. No acceleration or delay. Where this Act makes
3changes in a statute that is represented in this Act by text
4that is not yet or no longer in effect (for example, a Section
5represented by multiple versions), the use of that text does
6not accelerate or delay the taking effect of (i) the changes
7made by this Act or (ii) provisions derived from any other
8Public Act.
9    Section 99. Effective date. This Act takes effect upon
10becoming law.