Public Act 095-0606
 
SB0677 Enrolled LRB095 08531 RLC 28712 b

    AN ACT concerning criminal law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 1. Short title. This Act may be cited as the Mental
Health Court Treatment Act.
 
    Section 5. Purposes. The General Assembly recognizes that a
large percentage of criminal defendants have a diagnosable
mental illness and that mental illnesses have a dramatic effect
on the criminal justice system in the State of Illinois. The
General Assembly also recognizes that mental illness and
substance abuse problems co-occur in a substantial percentage
of criminal defendants. There is a critical need for a criminal
justice system program that will reduce the number of persons
with mental illnesses and with co-occurring mental illness and
substance abuse problems in the criminal justice system, reduce
recidivism among persons with mental illness and with
co-occurring mental illness and substance abuse problems,
provide appropriate treatment to persons with mental illnesses
and co-occurring mental illness and substance abuse problems
and reduce the incidence of crimes committed as a result of
mental illnesses or co-occurring mental illness and substance
abuse problems. It is the intent of the General Assembly to
create specialized mental health courts with the necessary
flexibility to meet the problems of criminal defendants with
mental illnesses and co-occurring mental illness and substance
abuse problems in the State of Illinois.
 
    Section 10. Definitions. As used in this Act:
    "Mental health court", "mental health court program", or
"program" means a structured judicial intervention process for
mental health treatment of eligible defendants that brings
together mental health professionals, local social programs,
and intensive judicial monitoring.
    "Mental health court professional" means a judge,
prosecutor, defense attorney, probation officer, or treatment
provider involved with the mental health court program.
    "Pre-adjudicatory mental health court program" means a
program that allows the defendant, with the consent of the
prosecution, to expedite the defendant's criminal case before
conviction or before filing of a criminal case and requires
successful completion of the mental health court program as
part of the agreement.
    "Post-adjudicatory mental health court program" means a
program in which the defendant has admitted guilt or has been
found guilty and agrees, along with the prosecution, to enter a
mental health court program as part of the defendant's
sentence.
    "Combination mental health court program" means a mental
health court program that includes a pre-adjudicatory mental
health court program and a post-adjudicatory mental health
court program.
    "Co-occurring mental health and substance abuse court
program" means a program that includes persons with
co-occurring mental illness and substance abuse problems. Such
programs shall include professionals with training and
experience in treating persons with substance abuse problems
and mental illness.
 
    Section 15. Authorization. The Chief Judge of each judicial
circuit may establish a mental health court program, including
the format under which it operates under this Act.
 
    Section 20. Eligibility.
    (a) A defendant 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) The defendant has previously completed or has been
    discharged from a mental health court program within 3
    years of completion or discharge.
 
    Section 25. Procedure.
    (a) The court shall require an eligibility screening and an
assessment of the defendant. An assessment need not be ordered
if the court finds a valid assessment related to the present
charge pending against the defendant has been completed within
the previous 60 days.
    (b) The judge shall inform the defendant that if the
defendant fails to meet the requirements of the mental health
court program, eligibility to participate in the program may be
revoked and the defendant may be sentenced or the prosecution
continued, as provided in the Unified Code of Corrections, for
the crime charged.
    (c) The defendant shall execute a written agreement as to
his or her participation in the program and shall agree to all
of the terms and conditions of the program, including but not
limited to the possibility of sanctions or incarceration for
failing to abide or comply with the terms of the program.
    (d) In addition to any conditions authorized under the
Pretrial Services Act and Section 5-6-3 of the Unified Code of
Corrections, the court may order the defendant to complete
mental health or substance abuse treatment in an outpatient,
inpatient, residential, or jail-based custodial treatment
program. Any period of time a defendant shall serve in a
jail-based treatment program may not be reduced by the
accumulation of good time or other credits and may be for a
period of up to 120 days.
    (e) The mental health court program may include a regimen
of graduated requirements and rewards and sanctions, including
but not limited to: fines, fees, costs, restitution,
incarceration of up to 180 days, individual and group therapy,
medication, drug analysis testing, close monitoring by the
court and supervision of progress, educational or vocational
counseling as appropriate and other requirements necessary to
fulfill the mental health court program.
 
    Section 30. Mental health and substance abuse treatment.
    (a) The mental health court program may maintain or
collaborate with a network of mental health treatment programs
and, if it is a co-occurring mental health and substance abuse
court program, a network of substance abuse treatment programs
representing a continuum of treatment options commensurate
with the needs of defendants and available resources.
    (b) Any substance abuse treatment program to which
defendants are referred must meet all of the rules and
governing programs in Parts 2030 and 2060 of Title 77 of the
Illinois Administrative Code.
    (c) The mental health court program may, at its discretion,
employ additional services or interventions, as it deems
necessary on a case by case basis.
 
    Section 35. Violation; termination; discharge.
    (a) If the court finds from the evidence presented,
including but not limited to the reports or proffers of proof
from the mental health court professionals that:
        (1) the defendant is not performing satisfactorily in
    the assigned program;
        (2) the defendant is not benefiting from education,
    treatment, or rehabilitation;
        (3) the defendant has engaged in criminal conduct
    rendering him or her unsuitable for the program; or
        (4) the defendant has otherwise violated the terms and
    conditions of the program or his or her sentence or is for
    any reason unable to participate;
the court may impose reasonable sanctions under prior written
agreement of the defendant, including but not limited to
imprisonment or dismissal of the defendant from the program;
and the court may reinstate criminal proceedings against him or
her or proceed under Section 5-6-4 of the Unified Code of
Corrections for a violation of probation, conditional
discharge, or supervision hearing. No defendant may be
dismissed from the program unless, prior to such dismissal, the
defendant is informed in writing: (i) of the reason or reasons
for the dismissal; (ii) the evidentiary basis supporting the
reason or reasons for the dismissal; (iii) that the defendant
has a right to a hearing at which he or she may present
evidence supporting his or her continuation in the program.
Based upon the evidence presented, the court shall determine
whether the defendant has violated the conditions of the
program and whether the defendant should be dismissed from the
program or whether some other alternative may be appropriate in
the interests of the defendant and the public.
    (b) Upon successful completion of the terms and conditions
of the program, the court may dismiss the original charges
against the defendant or successfully terminate the
defendant's sentence or otherwise discharge him or her from the
program or from any further proceedings against him or her in
the original prosecution.
 
    Section 105. The Unified Code of Corrections is amended by
changing Section 5-9-3 as follows:
 
    (730 ILCS 5/5-9-3)  (from Ch. 38, par. 1005-9-3)
    Sec. 5-9-3. Default.
    (a) An offender who defaults in the payment of a fine or
any installment of that fine may be held in contempt and
imprisoned for nonpayment. The court may issue a summons for
his appearance or a warrant of arrest.
    (b) Unless the offender shows that his default was not due
to his intentional refusal to pay, or not due to a failure on
his part to make a good faith effort to pay, the court may
order the offender imprisoned for a term not to exceed 6 months
if the fine was for a felony, or 30 days if the fine was for a
misdemeanor, a petty offense or a business offense. Payment of
the fine at any time will entitle the offender to be released,
but imprisonment under this Section shall not satisfy the
payment of the fine.
    (c) If it appears that the default in the payment of a fine
is not intentional under paragraph (b) of this Section, the
court may enter an order allowing the offender additional time
for payment, reducing the amount of the fine or of each
installment, or revoking the fine or the unpaid portion.
    (d) When a fine is imposed on a corporation or
unincorporated organization or association, it is the duty of
the person or persons authorized to make disbursement of
assets, and their superiors, to pay the fine from assets of the
corporation or unincorporated organization or association. The
failure of such persons to do so shall render them subject to
proceedings under paragraphs (a) and (b) of this Section.
    (e) A default in the payment of a fine, fee, cost,
restitution, or judgment of bond forfeiture or any installment
may be collected by any and all means authorized for the
collection of money judgments. The State's Attorney of the
county in which the fine, fee, cost, restitution, or judgment
of bond forfeiture was imposed may retain attorneys and private
collection agents for the purpose of collecting any default in
payment of any fine, fee, cost, restitution, or judgment of
bond forfeiture or installment of that fine, fee, cost,
restitution, or judgment of bond forfeiture. An additional fee
of 30% of the delinquent amount is to be charged to the
offender for any amount of the fine, fee, cost, restitution, or
judgment of bond forfeiture or installment of the fine, fee,
cost, restitution, or judgment of bond forfeiture that remains
unpaid after the time fixed for payment of the fine, fee, cost,
restitution, or judgment of bond forfeiture by the court. The
additional fee shall be payable to the State's Attorney in
order to compensate the State's Attorney for costs incurred in
collecting the delinquent amount. The State's Attorney may
enter into agreements assigning any portion of the fee to the
retained attorneys or the private collection agent retained by
the State's Attorney. Any agreement between the State's
Attorney and the retained attorneys or collection agents shall
require the approval of the Circuit Clerk of that county. A
default in payment of a fine, fee, cost, restitution, or
judgment of bond forfeiture shall draw interest at the rate of
9% per annum. The fees and costs incurred by the State's
Attorney in any such collection and the fees and charges of
attorneys and private collection agents retained by the State's
Attorney for those purposes shall be charged to the offender.
(Source: P.A. 93-693, eff. 1-1-05.)