100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB1397
 
Introduced 2/9/2017, by Sen. John G. Mulroe
 
SYNOPSIS AS INTRODUCED:
 

 
730 ILCS 167/20
730 ILCS 168/20

     Amends the Veterans and Servicemembers Court
Treatment Act and the Mental Health Court Treatment Act.  Removes provisions that a person may be admitted into a Veterans and Servicemembers Court program
or a mental health court program only upon the agreement of the prosecutor.  Effective immediately. 
  


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A BILL FOR
 

  
SB1397LRB100 07955 RLC 18029 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 Veterans and Servicemembers Court
Treatment 
5Act is amended  by changing Section 20 as follows:
 
6    (730 ILCS 167/20)

7    Sec. 20. Eligibility. Veterans and Servicemembers are 
8eligible for Veterans and
Servicemembers Courts, provided the 
9following:

10    (a) A defendant, who is eligible for probation based on the 
11nature of the crime convicted of and in consideration of his or 
12her criminal background, if any, may be admitted into a 
13Veterans and Servicemembers Court program
only upon the 
14agreement of the prosecutor and the defendant and with the 
15approval of the Court.

16    (b) A defendant shall be excluded from Veterans and 
17Servicemembers Court program if
any of one of the following 
18applies:

19        (1) The crime is a crime of violence as set forth in 
20    clause (3) of this subsection (b).
21        (2) The defendant does not demonstrate a willingness to 
22    participate in a treatment
program.

23        (3) The defendant has been convicted of a crime of 
 
 
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1    violence within the past 10
years excluding incarceration 
2    time. As used in this Section, "crime of violence" means: 
3    first degree murder,
second degree murder, predatory 
4    criminal sexual assault of a child, aggravated criminal

5    sexual assault, criminal sexual assault, armed robbery, 
6    aggravated arson, arson,
aggravated kidnapping and 
7    kidnapping, aggravated battery resulting in great bodily 
8    harm
or permanent disability, stalking, aggravated 
9    stalking, or any offense involving the
discharge of a 
10    firearm or where occurred serious bodily injury or death to 
11    any person.
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(Source: P.A. 98-152, eff. 1-1-14; 99-480, eff. 9-9-15.)
 
19    Section 10. The Mental Health Court Treatment Act is 
20amended by changing Section 20 as follows:
 
21    (730 ILCS 168/20)

22    Sec. 20. Eligibility. 
23    (a) A defendant, who is eligible for probation based on the 
24nature of the crime convicted of and in consideration of his or 
 
 
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1her criminal background, if any, may be admitted into a mental 
2health court program only upon the agreement of the prosecutor 
3and the defendant and with the approval of the court.
4    (b) A defendant shall be excluded from a mental health 
5court program if any one of the following applies:
6        (1) The crime is a crime of violence as set forth in 
7    clause (3) of this subsection (b).
8        (2) The defendant does not demonstrate a willingness to 
9    participate in a treatment program.
10        (3) The defendant has been convicted of a crime of 
11    violence within the past 10 years excluding incarceration 
12    time, specifically 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, 
16    aggravated kidnapping, kidnapping, stalking, aggravated 
17    stalking, or any offense involving the discharge of a 
18    firearm.
19        (4) (Blank).
20        (5) The crime for which the defendant has been 
21    convicted is non-probationable.
22        (6) The sentence imposed on the defendant, whether the 
23    result of a plea or a finding of guilt, renders the 
24    defendant ineligible for probation.



25    (c) A defendant charged with prostitution under Section 
2611-14 of the Criminal Code of 2012 may be admitted into a 
 
 
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1mental health court program, if available in the jurisdiction 
2and provided that the requirements in subsections (a) and (b) 
3are satisfied.  Mental health court programs may include 
4specialized service programs specifically designed to address 
5the trauma associated with prostitution and human trafficking, 
6and may offer those specialized services to defendants admitted 
7to the mental health court program. Judicial circuits 
8establishing these specialized programs shall partner with 
9prostitution and human trafficking advocates, survivors, and 
10service providers in the development of the programs. 
11(Source: P.A. 97-946, eff. 8-13-12; 98-152, eff. 1-1-14; 
1298-538, eff. 8-23-13; 98-621, eff. 1-7-14.)
 
 
13    Section 99. Effective date. This Act takes effect upon 
14becoming law.