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Public Act 097-0946
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| HB4926 Enrolled | LRB097 19212 RLC 64454 b |
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AN ACT concerning corrections.
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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 Drug Court Treatment Act is amended by |
changing Section 10 as follows:
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(730 ILCS 166/10)
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Sec. 10. Definitions. As used in this Act:
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"Drug court", "drug court program", or "program" means an |
immediate and
highly
structured judicial intervention process |
for substance abuse treatment of
eligible defendants that |
brings together substance abuse professionals, local
social |
programs, and intensive judicial monitoring in accordance with |
the
nationally recommended 10 key components of drug courts.
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"Drug court professional" means a member of the drug court |
team, including but not limited to
a judge, prosecutor, defense |
attorney,
probation officer, coordinator, or treatment |
provider, or peer recovery coach involved with the drug court
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program.
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"Pre-adjudicatory drug 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
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completion of the drug court program as part of the agreement.
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"Post-adjudicatory drug 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
drug
court |
program as part of the defendant's sentence.
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"Combination drug court program" means a drug court program |
that includes a
pre-adjudicatory drug court program and a |
post-adjudicatory drug court program.
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(Source: P.A. 92-58, eff. 1-1-02.)
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Section 10. The Veterans and Servicemembers Court
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Treatment Act is amended by changing Sections 10, 15, and 20 as |
follows:
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(730 ILCS 167/10)
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Sec. 10. Definitions. In this Act: |
"Combination Veterans and Servicemembers Court program" |
means a court program that
includes a pre-adjudicatory and a |
post-adjudicatory Veterans and Servicemembers court
program.
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"Court" means Veterans and Servicemembers Court. |
"IDVA" means the Illinois Department of Veterans' Affairs. |
"Post-adjudicatory Veterans and Servicemembers Court |
Program" means a program in
which the defendant has admitted |
guilt or has been found guilty and agrees, along with the
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prosecution, to enter a Veterans and Servicemembers Court |
program as part of the defendant's
sentence.
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"Pre-adjudicatory Veterans and Servicemembers Court |
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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 Veterans and |
Servicemembers Court programs as part of the agreement.
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"Servicemember" means a person who is currently serving in |
the Army, Air Force,
Marines, Navy, or Coast Guard on active |
duty, reserve status or in the National Guard.
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"VA" means the United States Department of Veterans' |
Affairs. |
"Veteran" means a person who served in the active military, |
naval, or air service and who
was discharged or released |
therefrom under conditions other than dishonorable.
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"Veterans and Servicemembers Court professional" means a |
member of the Veterans and
Servicemembers Court team, including |
but not limited to a judge, prosecutor, defense
attorney, |
probation officer, coordinator, or treatment provider, or peer |
recovery coach involved with the Court program.
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"Veterans and Servicemembers Court" means a court or |
program with an immediate and
highly structured judicial |
intervention process for substance abuse treatment, mental |
health, or
other assessed treatment needs of eligible veteran |
and servicemember defendants that brings
together substance |
abuse professionals, mental health professionals, VA |
professionals, local
social programs and intensive judicial |
monitoring in accordance with the nationally
recommended 10 key |
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components of drug courts.
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(Source: P.A. 96-924, eff. 6-14-10.)
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(730 ILCS 167/15)
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Sec. 15. Authorization. The Chief Judge of each judicial |
circuit may establish a
Veterans and Servicemembers Court |
program including a format under which it operates under
this |
Act. The Veterans and Servicemembers Court may, at the |
discretion of the Chief Judge, be a
separate court or a program |
of a problem-solving court, including but not limited to a drug |
court or mental health court within the Circuit. At the |
discretion of the Chief
Judge, the Veterans and Servicemembers |
Court program may be operated in one county in the
Circuit, and |
allow veteran and servicemember defendants from all counties |
within the Circuit to
participate.
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(Source: P.A. 96-924, eff. 6-14-10.)
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(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 may be admitted into a Veterans and |
Servicemembers Court program
only upon the agreement of the |
prosecutor and the defendant and with the approval of the |
Court.
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(b) A defendant shall be excluded from Veterans and |
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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 but not limited to: first degree murder,
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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.
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(4) (Blank). The defendant has previously completed or |
has been discharged from a
Veterans and Servicemembers |
Court program within three years of that completion or
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discharge.
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(Source: P.A. 96-924, eff. 6-14-10.)
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Section 15. The Mental Health Court Treatment Act is |
amended by changing Sections 10 and 20 as follows:
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(730 ILCS 168/10)
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Sec. 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 member of the |
mental health court team, including
but not limited to a judge, |
prosecutor, defense attorney, probation officer, coordinator, |
or treatment provider, or peer recovery coach 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 |
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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.
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(Source: P.A. 95-606, eff. 6-1-08.)
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(730 ILCS 168/20)
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Sec. 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, |
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aggravated kidnapping, kidnapping, stalking, aggravated |
stalking, or any offense involving the discharge of a |
firearm. |
(4) (Blank). The defendant has previously completed or |
has been discharged from a mental health court program |
within 3 years of completion or discharge.
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(Source: P.A. 95-606, eff. 6-1-08.)
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Section 20. The Mental Health and Developmental |
Disabilities Confidentiality Act is amended by changing |
Section 9.2 as follows:
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(740 ILCS 110/9.2)
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Sec. 9.2. Interagency disclosure of recipient information. |
For the
purposes of continuity of care, the Department of Human |
Services (as
successor to the Department of Mental Health and |
Developmental
Disabilities), community agencies funded by the
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Department of Human Services in that capacity, licensed private |
hospitals receiving payments from the Department of Human |
Services or the Department of Healthcare and Family Services, |
State correctional facilities, mental health facilities |
operated by a county, mental health court
professionals as |
defined in Section 10 of the Mental Health Court Treatment Act, |
Veterans and
Servicemembers Court professionals as defined in |
Section 10 of the Veterans and
Servicemembers Court Treatment |
Act and jails and juvenile detention facilities and jails |
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operated by any
county of this State may disclose a
recipient's |
record or communications, without consent, to each other, but |
only
for the purpose of admission, treatment, planning, or |
discharge. Entities
shall not redisclose any personally |
identifiable information, unless necessary
for admission, |
treatment, planning, or discharge of the identified recipient |
to
another setting.
No records or communications may be |
disclosed to a county jail or State correctional facility |
pursuant to
this Section unless the Department has entered into |
a written agreement with
the county jail or State correctional |
facility requiring that the county jail or State correctional |
facility adopt written policies and
procedures designed to |
ensure that the records and communications are disclosed
only |
to those persons employed by or under contract to the county |
jail or State correctional facility who are
involved in the |
provision of mental health services to inmates and that the
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records and communications are protected from further |
disclosure.
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(Source: P.A. 96-1399, eff. 7-29-10; 96-1453, eff. 8-20-10.)
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Section 99. Effective date. This Act takes effect upon |
becoming law.
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