Full Text of HB4212 96th General Assembly
HB4212 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB4212
Introduced 2/27/2009, by Rep. Michael W. Tryon - Ron Stephens - Mike Bost - Ronald A. Wait - Harry R. Ramey, Jr., et al. SYNOPSIS AS INTRODUCED: |
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Creates the Military and Veterans Court Act. Permits the Chief Judge of a judicial circuit to establish a military and veterans court program for veterans and active duty service members. Provides that in such judicial circuits, a veteran or active duty service member who has a substance abuse problem and who is subject to a criminal proceeding may with the consent of the prosecution and with the approval of the court be admitted into a military and veterans court program. Excludes from the program a veteran or active duty service member: charged with a crime of violence within the past 10 years, excluding incarceration time; who denies his or her use of or addiction to drugs; or who does not demonstrate a willingness to participate in a treatment program. Provides that the military and veterans court program shall include a regimen of graduated requirements, rewards and sanctions, including: fines, costs, restitution, public service employment, incarceration of up to 120 days, individual and group therapy, drug analysis testing, close court monitoring, educational or vocational counseling, and other requirements to fulfill the program. Provides for revocation and resentencing of the person who violates the conditions of the program or who engages in criminal conduct rendering the person unsuitable for the program, or who is not performing satisfactorily or not benefiting from the education, treatment or rehabilitation.
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A BILL FOR
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HB4212 |
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| AN ACT concerning military and veterans courts.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 1. Short title. This Act may be cited as the | 5 |
| Military and Veterans Court Act. | 6 |
| Section 5. Purposes. The General Assembly recognizes that | 7 |
| the military members and military veterans may have certain | 8 |
| service-related conditions that may apply in a court of law. | 9 |
| There is a critical need for a military and veteran justice | 10 |
| system that will take into account service-related mental | 11 |
| health problems as well as circumstances surrounding | 12 |
| deployment. It is the intent of the General Assembly to create | 13 |
| a specialized military and veterans court with the necessary | 14 |
| flexibility to meet unique service-related problems in the | 15 |
| State of Illinois. The General Assembly recognizes that
the use | 16 |
| and abuse of alcohol or drugs, mental health conditions, and | 17 |
| problematic social interactions that affect and confront some | 18 |
| veterans and members of the armed services on active duty have | 19 |
| a dramatic effect on the
justice system in the State of | 20 |
| Illinois. There is a
critical need for a military and veteran | 21 |
| justice system program that will
recognize and address the | 22 |
| unique problems and circumstances faced by veterans and members | 23 |
| of the armed forces on active duty and the legal issues that |
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| are impacted by those problems and circumstances so as to | 2 |
| reduce the incidence of violence, drug use, drug addiction, | 3 |
| alcohol use, alcohol addiction, mental health conditions, and | 4 |
| crimes
committed by some veterans and members of the armed | 5 |
| services on active duty. It is
the intent of the General | 6 |
| Assembly to create specialized military and veterans
courts | 7 |
| with the necessary flexibility to meet these challenges facing | 8 |
| the State of Illinois. | 9 |
| Section 10. Definitions. As used in this Act: | 10 |
| "Military and veterans court", "military and veterans | 11 |
| court program", or "program" means an
immediate and highly | 12 |
| structured judicial intervention process
for substance abuse | 13 |
| treatment or mental health treatment of eligible veterans and | 14 |
| members of the armed services on active duty that
brings | 15 |
| together substance abuse professionals, mental health | 16 |
| professionals, local social
programs, and intensive judicial | 17 |
| monitoring in accordance
with nationally recognized problems | 18 |
| facing that segment of the population. | 19 |
| "Military and veterans court professional" means a judge, | 20 |
| prosecutor,
defense attorney, probation officer, or treatment | 21 |
| provider
involved with the military and veterans court program. | 22 |
| "Pre-adjudicatory military and veterans court program" | 23 |
| means a program
that allows a veteran or active duty service | 24 |
| member, with the consent of the
prosecution, to expedite that | 25 |
| person's case and requires
successful completion of the |
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| military and veterans court program as part of
the agreement.
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| "Post-adjudicatory military and veterans court program" | 3 |
| means a program in
which the veteran or active duty service | 4 |
| member has admitted guilt or has been found
guilty and agrees, | 5 |
| along with the prosecution, to enter a
military and veteran's | 6 |
| court program as part of the disposition of the individual's | 7 |
| case.
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| "Combination military and veterans court program" means a | 9 |
| military and veterans court
program that includes a | 10 |
| pre-adjudicatory military and veterans court program
and a | 11 |
| post-adjudicatory military and veterans court program. | 12 |
| Section 15. Authorization. The Chief Judge of each
judicial | 13 |
| circuit may establish a military and veterans court program for | 14 |
| veterans and members of the armed services on active duty
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| including
the format under which it operates under this Act. | 16 |
| Section 20. Eligibility.
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| (a) A veteran or active duty service member may be admitted | 18 |
| into a military and veterans court
program only upon the | 19 |
| agreement of the prosecutor and that person and with the | 20 |
| approval of the court.
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| (b) A veteran or active duty service member shall be | 22 |
| excluded from a military and veterans court
program if any of | 23 |
| one of the following apply:
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| (1) The crime is a crime of violence as set forth in
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| clause (4) of this subsection (b).
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| (2) The veteran or active duty service member denies | 3 |
| his or her use of or
addiction to drugs.
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| (3) The veteran or active duty service member does not | 5 |
| demonstrate a
willingness to participate in a treatment | 6 |
| program.
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| (4) The veteran or active duty service member has been | 8 |
| adjudicated guilty for a crime of
violence within the past | 9 |
| 10 years excluding incarceration
time, including but not | 10 |
| limited to: first degree murder,
second degree murder, | 11 |
| predatory criminal sexual assault
of a child, criminal
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| sexual assault, armed robbery, aggravated arson, arson,
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| aggravated kidnapping, kidnapping, aggravated battery
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| resulting in great bodily harm or permanent disability,
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| stalking, aggravated stalking, or any offense involving
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| the discharge of a firearm. | 17 |
| Section 25. Procedure.
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| (a) The court shall order an eligibility screening and an
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| assessment of the veteran or active duty service member by an | 20 |
| agent designated by the
State of Illinois to provide assessment | 21 |
| services for the
Illinois Courts. An assessment need not be | 22 |
| ordered if the
court finds a valid assessment related to the | 23 |
| present charge
pending against the veteran or active duty | 24 |
| service member has been completed within the
previous 60 days.
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| (b) The judge shall inform the veteran or active duty |
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| service member that if the
veteran or active duty service | 2 |
| member fails to meet the conditions of the military and | 3 |
| veterans court
program, eligibility to participate in the | 4 |
| program may be
revoked and the veteran or active duty service | 5 |
| member may be sentenced or the prosecution
continued as | 6 |
| provided in the Criminal Code of 1961 for
the crime charged.
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| (c) The veteran or active duty service member shall execute | 8 |
| a written agreement as
to his or her participation in the | 9 |
| program and shall agree to
all of the terms and conditions of | 10 |
| the program, including but
not limited to the possibility of | 11 |
| sanctions or incarceration
for failing to abide or comply with | 12 |
| the terms of the program.
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| (d) In addition to any conditions authorized under the Code | 14 |
| of Criminal Procedure of 1963, the court may order the veteran | 15 |
| or active duty service member to complete
substance abuse | 16 |
| treatment or treatment for a mental health condition in an | 17 |
| outpatient, inpatient,
residential, or detention-based | 18 |
| custodial treatment program. Any
period of time a veteran or | 19 |
| active duty service member shall serve in a detention-based
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| treatment program may not be reduced by the accumulation of
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| good time or other credits and may be for a period of up to
120 | 22 |
| days.
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| (e) The military and veterans court program shall include a | 24 |
| regimen of
graduated requirements and rewards and sanctions, | 25 |
| including
but not limited to: fines, costs, restitution, public | 26 |
| service
employment,
incarceration of up to 120 days, individual |
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| and group
therapy, drug analysis testing, close monitoring by | 2 |
| the court
at a minimum of once every 30 days and supervision of
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| progress, educational, mental health, or vocational counseling | 4 |
| as
appropriate, and other requirements necessary to fulfill the
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| military and veterans court program. | 6 |
| Section 30. Substance abuse treatment.
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| (a) The military and veterans court program shall maintain | 8 |
| a network of
substance abuse, and mental health treatment | 9 |
| programs representing a continuum
of graduated treatment | 10 |
| options commensurate
with the needs of veterans and active duty | 11 |
| service members.
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| (b) Any substance abuse treatment program to which
veterans | 13 |
| are referred must meet all of the rules and
governing programs | 14 |
| in Parts 2030 and 2060 of Title 77 of the
Illinois | 15 |
| Administrative Code.
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| (c) The military and veterans court program may, at its | 17 |
| discretion,
employ additional services or interventions, as it | 18 |
| deems
necessary on a case by case basis. | 19 |
| Section 35. Violation; termination; discharge.
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| (a) If the court finds from the evidence presented
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| including but not limited to the reports or proffers of proof
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| from the military and veterans court professionals that:
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| (1) the veteran or active duty service member is not | 24 |
| performing satisfactorily
in the assigned program;
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| (2) the veteran or active duty service member is not | 2 |
| benefitting from
education, treatment, or rehabilitation;
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| (3) the veteran or active duty service member has | 4 |
| engaged in criminal conduct
rendering him or her unsuitable | 5 |
| for the program; or
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| (4) the veteran or active duty service member has | 7 |
| otherwise violated the terms
and conditions of the program | 8 |
| or his or her dispositional order
or
is for any reason | 9 |
| unable to participate;
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| the court may impose reasonable sanctions under prior written
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| agreement of the veteran or active duty service member, | 12 |
| including but not limited to
imprisonment or dismissal of the | 13 |
| veteran or active duty service member from the program
and the | 14 |
| court may reinstate criminal proceedings against him
or her or | 15 |
| proceed for a violation of probation.
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| (b) Upon successful completion of the terms and
conditions | 17 |
| of the program by the veteran or active duty service member, | 18 |
| the court may dismiss the original
charges against the veteran | 19 |
| or active duty service member or successfully terminate the
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| veteran or active duty service member's sentence or otherwise | 21 |
| discharge him or her from
any further proceedings against him | 22 |
| or her in the original
prosecution.
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