Public Act 098-0621
 
SB1007 EnrolledLRB098 05268 MRW 35300 b



    AN ACT concerning criminal law.

 
    Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: 

 
    Section 5. The Mental Health Court Treatment Act is amended  
by changing Section 20 as follows:
 
    (730 ILCS 168/20)

    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, 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, 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.



    (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, which may include specialized 
service programs specifically designed to address the trauma 
associated with prostitution and human trafficking, 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; revised 8-28-13.)
 
    Section 95. No acceleration or delay. Where this Act makes 
changes in a statute that is represented in this Act by text 
that is not yet or no longer in effect (for example, a Section 
represented by multiple versions), the use of that text does 
not accelerate or delay the taking effect of (i) the changes 
made by this Act or (ii) provisions derived from any other 
Public Act.
 

    Section 99. Effective date. This Act takes effect upon 
becoming law.

Effective Date:  1/7/2014