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1 | | post-adjudication only with the approval of the court. |
2 | | (b) A defendant shall be excluded from Veterans and |
3 | | Servicemembers Court program if
any of one of the following |
4 | | applies:
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5 | | (1) The crime is a crime of violence as set forth in |
6 | | clause (3) of this subsection (b). |
7 | | (2) The defendant does not demonstrate a willingness to |
8 | | participate in a treatment
program.
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9 | | (3) The defendant has been convicted of a crime of |
10 | | violence within the past 10
years excluding incarceration |
11 | | time , including . As used in this Section, "crime of |
12 | | violence" means: first degree murder,
second degree |
13 | | murder, predatory criminal sexual assault of a child, |
14 | | aggravated criminal
sexual assault, criminal sexual |
15 | | assault, armed robbery, aggravated arson, arson,
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16 | | aggravated kidnapping and kidnapping, aggravated battery |
17 | | resulting in great bodily harm
or permanent disability, |
18 | | stalking, aggravated stalking, or any offense involving |
19 | | the
discharge of a firearm or where occurred serious bodily |
20 | | injury or death to any person . |
21 | | (4) (Blank).
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22 | | (5) The crime for which the defendant has been |
23 | | convicted is non-probationable. |
24 | | (6) The sentence imposed on the defendant, whether the |
25 | | result of a plea or a finding of guilt, renders the |
26 | | defendant ineligible for probation.
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1 | | (Source: P.A. 98-152, eff. 1-1-14; 99-480, eff. 9-9-15.)
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2 | | Section 10. The Mental Health Court Treatment Act is |
3 | | amended by changing Section 20 as follows: |
4 | | (730 ILCS 168/20)
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5 | | Sec. 20. Eligibility. |
6 | | (a) A defendant, who is eligible for probation based on the |
7 | | nature of the crime convicted of and in consideration of his or |
8 | | her criminal background, if any, may be admitted into a mental |
9 | | health court program only upon the agreement of the prosecutor |
10 | | and the defendant and with the approval of the court. |
11 | | (b) A defendant shall be excluded from a mental health |
12 | | court program if any one of the following applies: |
13 | | (1) The crime is a crime of violence as set forth in |
14 | | clause (3) of this subsection (b). |
15 | | (2) The defendant does not demonstrate a willingness to |
16 | | participate in a treatment program. |
17 | | (3) The defendant has been convicted of a crime of |
18 | | violence within the past 10 years excluding incarceration |
19 | | time . As used in this paragraph (3), "crime of violence" |
20 | | means: , specifically first degree murder, second degree |
21 | | murder, predatory criminal sexual assault of a child, |
22 | | aggravated criminal sexual assault, criminal sexual |
23 | | assault, armed robbery, aggravated arson, arson, |
24 | | aggravated kidnapping, kidnapping, aggravated battery |
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1 | | resulting in great bodily harm or permanent disability, |
2 | | stalking, aggravated stalking, or any offense involving |
3 | | the discharge of a firearm. |
4 | | (4) (Blank). |
5 | | (5) The crime for which the defendant has been |
6 | | convicted is non-probationable. |
7 | | (6) The sentence imposed on the defendant, whether the |
8 | | result of a plea or a finding of guilt, renders the |
9 | | defendant ineligible for probation.
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10 | | (c) A defendant charged with prostitution under Section |
11 | | 11-14 of the Criminal Code of 2012 may be admitted into a |
12 | | mental health court program, if available in the jurisdiction |
13 | | and provided that the requirements in subsections (a) and (b) |
14 | | are satisfied. Mental health court programs may include |
15 | | specialized service programs specifically designed to address |
16 | | the trauma associated with prostitution and human trafficking, |
17 | | and may offer those specialized services to defendants admitted |
18 | | to the mental health court program. Judicial circuits |
19 | | establishing these specialized programs shall partner with |
20 | | prostitution and human trafficking advocates, survivors, and |
21 | | service providers in the development of the programs. |
22 | | (Source: P.A. 97-946, eff. 8-13-12; 98-152, eff. 1-1-14; |
23 | | 98-538, eff. 8-23-13; 98-621, eff. 1-7-14.)".
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