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.)