98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB1497

 

Introduced 2/7/2013, by Sen. Pamela J. Althoff

 

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. Provides that a defendant is eligible for a Veterans and Servicemembers Court program or a mental health court program only if the defendant is eligible for probation based on the nature of the crime convicted of and in consideration of his or her criminal background, if any. Provides that a defendant is ineligible for these programs if: (1) the crime for which the defendant has been convicted is non-probationable; or (2) the sentence imposed on the defendant, whether the result of a plea or a finding of guilt, renders the defendant ineligible for probation.


LRB098 08050 RLC 38141 b

 

 

A BILL FOR

 

SB1497LRB098 08050 RLC 38141 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, including but not limited to: first degree murder,
3    second degree murder, predatory criminal sexual assault of
4    a child, aggravated criminal sexual assault, criminal
5    sexual assault, armed robbery, aggravated arson, arson,
6    aggravated kidnapping and kidnapping, aggravated battery
7    resulting in great bodily harm or permanent disability,
8    stalking, aggravated stalking, or any offense involving
9    the discharge of a firearm or where occurred serious bodily
10    injury or death to any person.
11        (4) (Blank).
12        (5) The crime for which the defendant has been
13    convicted is non-probationable.
14        (6) The sentence imposed on the defendant, whether the
15    result of a plea or a finding of guilt, renders the
16    defendant ineligible for probation.
17(Source: P.A. 96-924, eff. 6-14-10; 97-946, eff. 8-13-12.)
 
18    Section 10. The Mental Health Court Treatment Act is
19amended by changing Section 20 as follows:
 
20    (730 ILCS 168/20)
21    Sec. 20. Eligibility.
22    (a) A defendant , who is eligible for probation based on
23the nature of the crime convicted of and in consideration of
24his or her criminal background, if any, may be admitted into a

 

 

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1mental health court program only upon the agreement of the
2prosecutor and the defendant and with the approval of the
3court.
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(Source: P.A. 97-946, eff. 8-13-12.)