Illinois Compiled Statutes
ILCS Listing
Public
Acts Search
Guide
Disclaimer
Information maintained by the Legislative
Reference Bureau
Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process.
Recent laws may not yet be included in the ILCS database, but they are found on this site as Public
Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the
Guide.
Because the statute database is maintained primarily for legislative drafting purposes,
statutory changes are sometimes included in the statute database before they take effect.
If the source note at the end of a Section of the statutes includes a Public Act that has
not yet taken effect, the version of the law that is currently in effect may have already
been removed from the database and you should refer to that Public Act to see the changes
made to the current law.
730 ILCS 167/20 (730 ILCS 167/20) Sec. 20. Eligibility. Veterans and servicemembers are eligible for veterans and servicemembers courts, provided the following:
(a) A defendant may be admitted into a veterans and | | servicemembers court program only upon the consent of the defendant and with the approval of the court. A defendant agrees to be admitted when a written consent to participate is provided to the court in open court and the defendant acknowledges understanding of its contents.
|
| (a-5) Each veterans and servicemembers court shall
| | have a target population defined in its written policies and procedures. The policies and procedures shall define that court's eligibility and exclusionary criteria.
|
| (b) A defendant shall be excluded from a veterans and
| | servicemembers court program if any of one of the following applies:
|
| (1) The crime is a crime of violence as set forth
| | in paragraph (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 5 years excluding incarceration time, parole, and periods of mandatory supervised release. As used in this paragraph, "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, aggravated kidnapping and kidnapping, aggravated battery resulting in great bodily harm or permanent disability, aggravated domestic battery resulting in great bodily harm or permanent disability, aggravated criminal sexual abuse by a person in a position of trust or authority over a child, stalking, aggravated stalking, home invasion, aggravated vehicular hijacking, or any offense involving the discharge of a firearm.
|
| (4) The defendant is charged with a violation of
| | subparagraph (F) of paragraph (1) of subsection (d) of Section 11-501 of the Illinois Vehicle Code in which an individual is charged with aggravated driving under the influence that resulted in the death of another person or when the violation was a proximate cause of the death, unless, pursuant to subparagraph (G) of paragraph (1) of subsection (d) of Section 11-501 of the Illinois Vehicle Code, the court determines that extraordinary circumstances exist and require probation.
|
|
(5) (Blank).
(6) (Blank).
(c) Notwithstanding subsection (a), the defendant may
| | be admitted into a veterans and servicemembers court program only upon the agreement of the prosecutor if the defendant is charged with a Class 2 or greater felony violation of:
|
| (1) Section 401, 401.1, 405, or 405.2 of the
| | Illinois Controlled Substances Act;
|
| (2) Section 5, 5.1, or 5.2 of the Cannabis
| | (3) Section 15, 20, 25, 30, 35, 40, 45, 50, 55,
| | 56, or 65 of the Methamphetamine Control and Community Protection Act.
|
| (Source: P.A. 102-1041, eff. 6-2-22; 103-154, eff. 6-30-23.)
|
|
