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| Public Act 100-0426 | ||||
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AN ACT concerning criminal law.
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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 5. The Veterans and Servicemembers Court
Treatment | ||||
Act is amended by changing Section 20 as follows: | ||||
(730 ILCS 167/20)
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Sec. 20. Eligibility. Veterans and Servicemembers are | ||||
eligible for Veterans and
Servicemembers Courts, provided the | ||||
following:
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(a) A defendant, who is eligible for probation based on the | ||||
nature of the crime convicted of and in consideration of his or | ||||
her criminal background, if any, may be admitted into a | ||||
Veterans and Servicemembers Court program
before adjudication | ||||
only upon the agreement of the prosecutor and the defendant and | ||||
with the approval of the Court.
A defendant may be admitted | ||||
into a Veterans and Servicemembers Court program | ||||
post-adjudication only with the approval of the court. | ||||
(b) A defendant shall be excluded from Veterans and | ||||
Servicemembers Court program if
any of one of the following | ||||
applies:
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(1) The crime is a crime of violence as set forth in | ||||
clause (3) of this subsection (b). | ||||
(2) The defendant does not demonstrate a willingness to | ||||
participate in a treatment
program.
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(3) The defendant has been convicted of a crime of | ||
violence within the past 10
years excluding incarceration | ||
time, including . As used in this Section, "crime of | ||
violence" means: first degree murder,
second degree | ||
murder, predatory criminal sexual assault of a child, | ||
aggravated criminal
sexual assault, criminal sexual | ||
assault, armed robbery, aggravated arson, arson,
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aggravated kidnapping and kidnapping, aggravated battery | ||
resulting in great bodily harm
or permanent disability, | ||
stalking, aggravated stalking, or any offense involving | ||
the
discharge of a firearm or where occurred serious bodily | ||
injury or death to any person. | ||
(4) (Blank).
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(5) The crime for which the defendant has been | ||
convicted is non-probationable. | ||
(6) The sentence imposed on the defendant, whether the | ||
result of a plea or a finding of guilt, renders the | ||
defendant ineligible for probation.
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(Source: P.A. 98-152, eff. 1-1-14; 99-480, eff. 9-9-15.)
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Section 10. The Mental Health Court Treatment Act is | ||
amended by changing Section 20 as follows: | ||
(730 ILCS 168/20)
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Sec. 20. Eligibility. | ||
(a) A defendant, who is eligible for probation based on the | ||
nature of the crime convicted of and in consideration of his or | ||
her criminal background, if any, may be admitted into a mental | ||
health court program only upon the agreement of the prosecutor | ||
and the defendant and with the approval of the court. | ||
(b) A defendant shall be excluded from a mental health | ||
court program if any one of the following applies: | ||
(1) The crime is a crime of violence as set forth in | ||
clause (3) of this subsection (b). | ||
(2) The defendant does not demonstrate a willingness to | ||
participate in a treatment program. | ||
(3) The defendant has been convicted of a crime of | ||
violence within the past 10 years excluding incarceration | ||
time. As used in this paragraph (3), "crime of violence" | ||
means: , specifically first degree murder, second degree | ||
murder, predatory criminal sexual assault of a child, | ||
aggravated criminal sexual assault, criminal sexual | ||
assault, armed robbery, aggravated arson, arson, | ||
aggravated kidnapping, kidnapping, aggravated battery | ||
resulting in great bodily harm or permanent disability, | ||
stalking, aggravated stalking, or any offense involving | ||
the discharge of a firearm. | ||
(4) (Blank). | ||
(5) The crime for which the defendant has been | ||
convicted is non-probationable. | ||
(6) The sentence imposed on the defendant, whether the | ||
result of a plea or a finding of guilt, renders the | ||
defendant ineligible for probation.
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(c) A defendant charged with prostitution under Section | ||
11-14 of the Criminal Code of 2012 may be admitted into a | ||
mental health court program, if available in the jurisdiction | ||
and provided that the requirements in subsections (a) and (b) | ||
are satisfied. Mental health court programs may include | ||
specialized service programs specifically designed to address | ||
the trauma associated with prostitution and human trafficking, | ||
and may offer those specialized services to defendants admitted | ||
to the mental health court program. Judicial circuits | ||
establishing these specialized programs shall partner with | ||
prostitution and human trafficking advocates, survivors, and | ||
service providers in the development of the programs. | ||
(Source: P.A. 97-946, eff. 8-13-12; 98-152, eff. 1-1-14; | ||
98-538, eff. 8-23-13; 98-621, eff. 1-7-14.) | ||