Full Text of HB4619 97th General Assembly
HB4619 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB4619 Introduced 2/1/2012, by Rep. Michael G. Connelly SYNOPSIS AS INTRODUCED: |
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730 ILCS 166/10 |
| 730 ILCS 167/10 | | 730 ILCS 167/15 | | 730 ILCS 167/20 | | 730 ILCS 168/10 | | 730 ILCS 168/20 | |
740 ILCS 110/9.2 |
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Amends the Drug Court Treatment Act, the Veterans and Servicemembers Court
Treatment Act, and the Mental Health Court Treatment Act. Changes the definitions of "drug court professional", "Veterans and Servicemembers Court professional", and "mental health court professional" to include peer recovery coaches and coordinators. Provides that a Veterans and Servicemembers Court may be established as a problem solving court and includes a mental health court. Deletes provisions that exclude from a Veterans and Servicemembers Court program or a mental health court program a defendant who has previously completed or has been discharged from such program within 3 years of that completion or
discharge. Amends the Mental Health and Developmental Disabilities Confidentiality Act. Provides that in addition to other entities prescribed by law, mental health court
professionals, Veterans and
Servicemembers Court professionals, and juvenile detention facilities may disclose a
recipient's mental health record or communications, without consent, to each other, but only
for the purpose of admission, treatment, planning, or discharge. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning courts.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Drug Court Treatment Act is amended by | 5 | | changing Section 10 as follows:
| 6 | | (730 ILCS 166/10)
| 7 | | Sec. 10. Definitions. As used in this Act:
| 8 | | "Drug court", "drug court program", or "program" means an | 9 | | immediate and
highly
structured judicial intervention process | 10 | | for substance abuse treatment of
eligible defendants that | 11 | | brings together substance abuse professionals, local
social | 12 | | programs, and intensive judicial monitoring in accordance with | 13 | | the
nationally recommended 10 key components of drug courts.
| 14 | | "Drug court professional" means a member of the drug court | 15 | | team, including but not limited to
a judge, prosecutor, defense | 16 | | attorney,
probation officer, coordinator, or treatment | 17 | | provider , or peer recovery coach involved with the drug court
| 18 | | program .
| 19 | | "Pre-adjudicatory drug court program" means a program that | 20 | | allows
the defendant,
with the consent of the prosecution, to | 21 | | expedite the defendant's criminal case
before conviction or | 22 | | before filing of a criminal case and requires successful
| 23 | | completion of the drug court program as part of the agreement.
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| 1 | | "Post-adjudicatory drug court program" means a program in | 2 | | which the
defendant has admitted
guilt
or has been found guilty | 3 | | and agrees, along with the prosecution, to enter a
drug
court | 4 | | program as part of the defendant's sentence.
| 5 | | "Combination drug court program" means a drug court program | 6 | | that includes a
pre-adjudicatory drug court program and a | 7 | | post-adjudicatory drug court program.
| 8 | | (Source: P.A. 92-58, eff. 1-1-02.)
| 9 | | Section 10. The Veterans and Servicemembers Court
| 10 | | Treatment Act is amended by changing Sections 10, 15, and 20 as | 11 | | follows: | 12 | | (730 ILCS 167/10)
| 13 | | Sec. 10. Definitions. In this Act: | 14 | | "Combination Veterans and Servicemembers Court program" | 15 | | means a court program that
includes a pre-adjudicatory and a | 16 | | post-adjudicatory Veterans and Servicemembers court
program.
| 17 | | "Court" means Veterans and Servicemembers Court. | 18 | | "IDVA" means the Illinois Department of Veterans' Affairs. | 19 | | "Post-adjudicatory Veterans and Servicemembers Court | 20 | | Program" means a program in
which the defendant has admitted | 21 | | guilt or has been found guilty and agrees, along with the
| 22 | | prosecution, to enter a Veterans and Servicemembers Court | 23 | | program as part of the defendant's
sentence.
| 24 | | "Pre-adjudicatory Veterans and Servicemembers Court |
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| 1 | | Program" means a program that
allows the defendant with the | 2 | | consent of the prosecution, to expedite the defendant's | 3 | | criminal
case before conviction or before filing of a criminal | 4 | | case and requires successful completion of
the Veterans and | 5 | | Servicemembers Court programs as part of the agreement.
| 6 | | "Servicemember" means a person who is currently serving in | 7 | | the Army, Air Force,
Marines, Navy, or Coast Guard on active | 8 | | duty, reserve status or in the National Guard.
| 9 | | "VA" means the United States Department of Veterans' | 10 | | Affairs. | 11 | | "Veteran" means a person who served in the active military, | 12 | | naval, or air service and who
was discharged or released | 13 | | therefrom under conditions other than dishonorable.
| 14 | | "Veterans and Servicemembers Court professional" means a | 15 | | member of the Veterans and
Servicemembers Court team, including | 16 | | but not limited to a judge, prosecutor, defense
attorney, | 17 | | probation officer, coordinator, or treatment provider , or peer | 18 | | recovery coach involved with the Court program .
| 19 | | "Veterans and Servicemembers Court" means a court or | 20 | | program with an immediate and
highly structured judicial | 21 | | intervention process for substance abuse treatment, mental | 22 | | health, or
other assessed treatment needs of eligible veteran | 23 | | and servicemember defendants that brings
together substance | 24 | | abuse professionals, mental health professionals, VA | 25 | | professionals, local
social programs and intensive judicial | 26 | | monitoring in accordance with the nationally
recommended 10 key |
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| 1 | | components of drug courts.
| 2 | | (Source: P.A. 96-924, eff. 6-14-10.) | 3 | | (730 ILCS 167/15)
| 4 | | Sec. 15. Authorization. The Chief Judge of each judicial | 5 | | circuit may establish a
Veterans and Servicemembers Court | 6 | | program including a format under which it operates under
this | 7 | | Act. The Veterans and Servicemembers Court may, at the | 8 | | discretion of the Chief Judge, be a
separate court or a program | 9 | | of a problem-solving court, including but not limited to a drug | 10 | | court or mental health court within the Circuit . At the | 11 | | discretion of the Chief
Judge, the Veterans and Servicemembers | 12 | | Court program may be operated in one county in the
Circuit, and | 13 | | allow veteran and servicemember defendants from all counties | 14 | | within the Circuit to
participate.
| 15 | | (Source: P.A. 96-924, eff. 6-14-10.) | 16 | | (730 ILCS 167/20)
| 17 | | Sec. 20. Eligibility. Veterans and Servicemembers are | 18 | | eligible for Veterans and
Servicemembers Courts, provided the | 19 | | following:
| 20 | | (a) A defendant may be admitted into a Veterans and | 21 | | Servicemembers Court program
only upon the agreement of the | 22 | | prosecutor and the defendant and with the approval of the | 23 | | Court.
| 24 | | (b) A defendant shall be excluded from Veterans and |
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| 1 | | Servicemembers Court program if
any of one of the following | 2 | | applies:
| 3 | | (1) The crime is a crime of violence as set forth in | 4 | | clause (3) of this subsection (b). | 5 | | (2) The defendant does not demonstrate a willingness to | 6 | | participate in a treatment
program.
| 7 | | (3) The defendant has been convicted of a crime of | 8 | | violence within the past 10
years excluding incarceration | 9 | | time, including but not limited to: first degree murder,
| 10 | | second degree murder, predatory criminal sexual assault of | 11 | | a child, aggravated criminal
sexual assault, criminal | 12 | | sexual assault, armed robbery, aggravated arson, arson,
| 13 | | aggravated kidnapping and kidnapping, aggravated battery | 14 | | resulting in great bodily harm
or permanent disability, | 15 | | stalking, aggravated stalking, or any offense involving | 16 | | the
discharge of a firearm or where occurred serious bodily | 17 | | injury or death to any person.
| 18 | | (4) (Blank). The defendant has previously completed or | 19 | | has been discharged from a
Veterans and Servicemembers | 20 | | Court program within three years of that completion or
| 21 | | discharge.
| 22 | | (Source: P.A. 96-924, eff. 6-14-10.) | 23 | | Section 15. The Mental Health Court Treatment Act is | 24 | | amended by changing Sections 10 and 20 as follows: |
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| 1 | | (730 ILCS 168/10)
| 2 | | Sec. 10. Definitions. As used in this Act: | 3 | | "Mental health court", "mental health court program", or | 4 | | "program" means a structured judicial intervention process for | 5 | | mental health treatment of eligible defendants that brings | 6 | | together mental health professionals, local social programs, | 7 | | and intensive judicial monitoring. | 8 | | "Mental health court professional" means a member of the | 9 | | mental health court team, including
but not limited to a judge, | 10 | | prosecutor, defense attorney, probation officer, coordinator, | 11 | | or treatment provider , or peer recovery coach involved with the | 12 | | mental health court program . | 13 | | "Pre-adjudicatory mental health court program" means a | 14 | | program that allows the defendant, with the consent of the | 15 | | prosecution, to expedite the defendant's criminal case before | 16 | | conviction or before filing of a criminal case and requires | 17 | | successful completion of the mental health court program as | 18 | | part of the agreement. | 19 | | "Post-adjudicatory mental health court program" means a | 20 | | program in which the defendant has admitted guilt or has been | 21 | | found guilty and agrees, along with the prosecution, to enter a | 22 | | mental health court program as part of the defendant's | 23 | | sentence. | 24 | | "Combination mental health court program" means a mental | 25 | | health court program that
includes a pre-adjudicatory mental | 26 | | health court program and a post-adjudicatory mental health |
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| 1 | | court program. | 2 | | "Co-occurring mental health and substance abuse court | 3 | | program" means a program that includes persons with | 4 | | co-occurring mental illness and substance abuse problems. Such | 5 | | programs
shall include professionals with training and | 6 | | experience in treating persons with substance abuse problems | 7 | | and mental illness.
| 8 | | (Source: P.A. 95-606, eff. 6-1-08 .) | 9 | | (730 ILCS 168/20)
| 10 | | Sec. 20. Eligibility. | 11 | | (a) A defendant may be admitted into a mental health court | 12 | | program only upon the agreement of the prosecutor and the | 13 | | defendant and with the approval of the court. | 14 | | (b) A defendant shall be excluded from a mental health | 15 | | court program if any one of the following applies: | 16 | | (1) The crime is a crime of violence as set forth in | 17 | | clause (3) of this subsection (b). | 18 | | (2) The defendant does not demonstrate a willingness to | 19 | | participate in a treatment program. | 20 | | (3) The defendant has been convicted of a crime of | 21 | | violence within the past 10 years excluding incarceration | 22 | | time, specifically first degree murder, second degree | 23 | | murder, predatory criminal sexual assault of a child, | 24 | | aggravated criminal sexual assault, criminal sexual | 25 | | assault, armed robbery, aggravated arson, arson, |
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| 1 | | aggravated kidnapping, kidnapping, stalking, aggravated | 2 | | stalking, or any offense involving the discharge of a | 3 | | firearm. | 4 | | (4) (Blank). The defendant has previously completed or | 5 | | has been discharged from a mental health court program | 6 | | within 3 years of completion or discharge.
| 7 | | (Source: P.A. 95-606, eff. 6-1-08 .) | 8 | | Section 20. The Mental Health and Developmental | 9 | | Disabilities Confidentiality Act is amended by changing | 10 | | Section 9.2 as follows:
| 11 | | (740 ILCS 110/9.2)
| 12 | | Sec. 9.2. Interagency disclosure of recipient information. | 13 | | For the
purposes of continuity of care, the Department of Human | 14 | | Services (as
successor to the Department of Mental Health and | 15 | | Developmental
Disabilities), community agencies funded by the
| 16 | | Department of Human Services in that capacity, licensed private | 17 | | hospitals receiving payments from the Department of Human | 18 | | Services or the Department of Healthcare and Family Services, | 19 | | State correctional facilities, mental health facilities | 20 | | operated by a county, mental health court
professionals as | 21 | | defined in Section 10 of the Mental Health Court Treatment Act, | 22 | | Veterans and
Servicemembers Court professionals as defined in | 23 | | Section 10 of the Veterans and
Servicemembers Court Treatment | 24 | | Act and jails and juvenile detention facilities and jails |
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| 1 | | operated by any
county of this State may disclose a
recipient's | 2 | | record or communications, without consent, to each other, but | 3 | | only
for the purpose of admission, treatment, planning, or | 4 | | discharge. Entities
shall not redisclose any personally | 5 | | identifiable information, unless necessary
for admission, | 6 | | treatment, planning, or discharge of the identified recipient | 7 | | to
another setting.
No records or communications may be | 8 | | disclosed to a county jail or State correctional facility | 9 | | pursuant to
this Section unless the Department has entered into | 10 | | a written agreement with
the county jail or State correctional | 11 | | facility requiring that the county jail or State correctional | 12 | | facility adopt written policies and
procedures designed to | 13 | | ensure that the records and communications are disclosed
only | 14 | | to those persons employed by or under contract to the county | 15 | | jail or State correctional facility who are
involved in the | 16 | | provision of mental health services to inmates and that the
| 17 | | records and communications are protected from further | 18 | | disclosure.
| 19 | | (Source: P.A. 96-1399, eff. 7-29-10; 96-1453, eff. 8-20-10.)
| 20 | | Section 99. Effective date. This Act takes effect upon | 21 | | becoming law.
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