Rep. Michael G. Connelly
Filed: 3/2/2012
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1 | AMENDMENT TO HOUSE BILL 4926
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2 | AMENDMENT NO. ______. Amend House Bill 4926 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Drug Court Treatment Act is amended by | ||||||
5 | changing Section 10 as follows:
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6 | (730 ILCS 166/10)
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7 | Sec. 10. Definitions. As used in this Act:
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8 | "Drug court", "drug court program", or "program" means an | ||||||
9 | immediate and
highly
structured judicial intervention process | ||||||
10 | for substance abuse treatment of
eligible defendants that | ||||||
11 | brings together substance abuse professionals, local
social | ||||||
12 | programs, and intensive judicial monitoring in accordance with | ||||||
13 | the
nationally recommended 10 key components of drug courts.
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14 | "Drug court professional" means a member of the drug court | ||||||
15 | team, including but not limited to
a judge, prosecutor, defense | ||||||
16 | attorney,
probation officer, coordinator, or treatment |
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1 | provider , or peer recovery coach involved with the drug court
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2 | program .
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3 | "Pre-adjudicatory drug court program" means a program that | ||||||
4 | allows
the defendant,
with the consent of the prosecution, to | ||||||
5 | expedite the defendant's criminal case
before conviction or | ||||||
6 | before filing of a criminal case and requires successful
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7 | completion of the drug court program as part of the agreement.
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8 | "Post-adjudicatory drug court program" means a program in | ||||||
9 | which the
defendant has admitted
guilt
or has been found guilty | ||||||
10 | and agrees, along with the prosecution, to enter a
drug
court | ||||||
11 | program as part of the defendant's sentence.
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12 | "Combination drug court program" means a drug court program | ||||||
13 | that includes a
pre-adjudicatory drug court program and a | ||||||
14 | post-adjudicatory drug court program.
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15 | (Source: P.A. 92-58, eff. 1-1-02.)
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16 | Section 10. The Veterans and Servicemembers Court
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17 | Treatment Act is amended by changing Sections 10, 15, and 20 as | ||||||
18 | follows: | ||||||
19 | (730 ILCS 167/10)
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20 | Sec. 10. Definitions. In this Act: | ||||||
21 | "Combination Veterans and Servicemembers Court program" | ||||||
22 | means a court program that
includes a pre-adjudicatory and a | ||||||
23 | post-adjudicatory Veterans and Servicemembers court
program.
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24 | "Court" means Veterans and Servicemembers Court. |
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1 | "IDVA" means the Illinois Department of Veterans' Affairs. | ||||||
2 | "Post-adjudicatory Veterans and Servicemembers Court | ||||||
3 | Program" means a program in
which the defendant has admitted | ||||||
4 | guilt or has been found guilty and agrees, along with the
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5 | prosecution, to enter a Veterans and Servicemembers Court | ||||||
6 | program as part of the defendant's
sentence.
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7 | "Pre-adjudicatory Veterans and Servicemembers Court | ||||||
8 | Program" means a program that
allows the defendant with the | ||||||
9 | consent of the prosecution, to expedite the defendant's | ||||||
10 | criminal
case before conviction or before filing of a criminal | ||||||
11 | case and requires successful completion of
the Veterans and | ||||||
12 | Servicemembers Court programs as part of the agreement.
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13 | "Servicemember" means a person who is currently serving in | ||||||
14 | the Army, Air Force,
Marines, Navy, or Coast Guard on active | ||||||
15 | duty, reserve status or in the National Guard.
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16 | "VA" means the United States Department of Veterans' | ||||||
17 | Affairs. | ||||||
18 | "Veteran" means a person who served in the active military, | ||||||
19 | naval, or air service and who
was discharged or released | ||||||
20 | therefrom under conditions other than dishonorable.
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21 | "Veterans and Servicemembers Court professional" means a | ||||||
22 | member of the Veterans and
Servicemembers Court team, including | ||||||
23 | but not limited to a judge, prosecutor, defense
attorney, | ||||||
24 | probation officer, coordinator, or treatment provider , or peer | ||||||
25 | recovery coach involved with the Court program .
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26 | "Veterans and Servicemembers Court" means a court or |
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1 | program with an immediate and
highly structured judicial | ||||||
2 | intervention process for substance abuse treatment, mental | ||||||
3 | health, or
other assessed treatment needs of eligible veteran | ||||||
4 | and servicemember defendants that brings
together substance | ||||||
5 | abuse professionals, mental health professionals, VA | ||||||
6 | professionals, local
social programs and intensive judicial | ||||||
7 | monitoring in accordance with the nationally
recommended 10 key | ||||||
8 | components of drug courts.
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9 | (Source: P.A. 96-924, eff. 6-14-10.) | ||||||
10 | (730 ILCS 167/15)
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11 | Sec. 15. Authorization. The Chief Judge of each judicial | ||||||
12 | circuit may establish a
Veterans and Servicemembers Court | ||||||
13 | program including a format under which it operates under
this | ||||||
14 | Act. The Veterans and Servicemembers Court may, at the | ||||||
15 | discretion of the Chief Judge, be a
separate court or a program | ||||||
16 | of a problem-solving court, including but not limited to a drug | ||||||
17 | court or mental health court within the Circuit . At the | ||||||
18 | discretion of the Chief
Judge, the Veterans and Servicemembers | ||||||
19 | Court program may be operated in one county in the
Circuit, and | ||||||
20 | allow veteran and servicemember defendants from all counties | ||||||
21 | within the Circuit to
participate.
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22 | (Source: P.A. 96-924, eff. 6-14-10.) | ||||||
23 | (730 ILCS 167/20)
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24 | Sec. 20. Eligibility. Veterans and Servicemembers are |
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1 | eligible for Veterans and
Servicemembers Courts, provided the | ||||||
2 | following:
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3 | (a) A defendant may be admitted into a Veterans and | ||||||
4 | Servicemembers Court program
only upon the agreement of the | ||||||
5 | prosecutor and the defendant and with the approval of the | ||||||
6 | Court.
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7 | (b) A defendant shall be excluded from Veterans and | ||||||
8 | Servicemembers Court program if
any of one of the following | ||||||
9 | applies:
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10 | (1) The crime is a crime of violence as set forth in | ||||||
11 | clause (3) of this subsection (b). | ||||||
12 | (2) The defendant does not demonstrate a willingness to | ||||||
13 | participate in a treatment
program.
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14 | (3) The defendant has been convicted of a crime of | ||||||
15 | violence within the past 10
years excluding incarceration | ||||||
16 | time, including but not limited to: first degree murder,
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17 | second degree murder, predatory criminal sexual assault of | ||||||
18 | a child, aggravated criminal
sexual assault, criminal | ||||||
19 | sexual assault, armed robbery, aggravated arson, arson,
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20 | aggravated kidnapping and kidnapping, aggravated battery | ||||||
21 | resulting in great bodily harm
or permanent disability, | ||||||
22 | stalking, aggravated stalking, or any offense involving | ||||||
23 | the
discharge of a firearm or where occurred serious bodily | ||||||
24 | injury or death to any person.
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25 | (4) (Blank). The defendant has previously completed or | ||||||
26 | has been discharged from a
Veterans and Servicemembers |
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1 | Court program within three years of that completion or
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2 | discharge.
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3 | (Source: P.A. 96-924, eff. 6-14-10.) | ||||||
4 | Section 15. The Mental Health Court Treatment Act is | ||||||
5 | amended by changing Sections 10 and 20 as follows: | ||||||
6 | (730 ILCS 168/10)
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7 | Sec. 10. Definitions. As used in this Act: | ||||||
8 | "Mental health court", "mental health court program", or | ||||||
9 | "program" means a structured judicial intervention process for | ||||||
10 | mental health treatment of eligible defendants that brings | ||||||
11 | together mental health professionals, local social programs, | ||||||
12 | and intensive judicial monitoring. | ||||||
13 | "Mental health court professional" means a member of the | ||||||
14 | mental health court team, including
but not limited to a judge, | ||||||
15 | prosecutor, defense attorney, probation officer, coordinator, | ||||||
16 | or treatment provider , or peer recovery coach involved with the | ||||||
17 | mental health court program . | ||||||
18 | "Pre-adjudicatory mental health court program" means a | ||||||
19 | program that allows the defendant, with the consent of the | ||||||
20 | prosecution, to expedite the defendant's criminal case before | ||||||
21 | conviction or before filing of a criminal case and requires | ||||||
22 | successful completion of the mental health court program as | ||||||
23 | part of the agreement. | ||||||
24 | "Post-adjudicatory mental health court program" means a |
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1 | program in which the defendant has admitted guilt or has been | ||||||
2 | found guilty and agrees, along with the prosecution, to enter a | ||||||
3 | mental health court program as part of the defendant's | ||||||
4 | sentence. | ||||||
5 | "Combination mental health court program" means a mental | ||||||
6 | health court program that
includes a pre-adjudicatory mental | ||||||
7 | health court program and a post-adjudicatory mental health | ||||||
8 | court program. | ||||||
9 | "Co-occurring mental health and substance abuse court | ||||||
10 | program" means a program that includes persons with | ||||||
11 | co-occurring mental illness and substance abuse problems. Such | ||||||
12 | programs
shall include professionals with training and | ||||||
13 | experience in treating persons with substance abuse problems | ||||||
14 | and mental illness.
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15 | (Source: P.A. 95-606, eff. 6-1-08 .) | ||||||
16 | (730 ILCS 168/20)
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17 | Sec. 20. Eligibility. | ||||||
18 | (a) A defendant may be admitted into a mental health court | ||||||
19 | program only upon the agreement of the prosecutor and the | ||||||
20 | defendant and with the approval of the court. | ||||||
21 | (b) A defendant shall be excluded from a mental health | ||||||
22 | court program if any one of the following applies: | ||||||
23 | (1) The crime is a crime of violence as set forth in | ||||||
24 | clause (3) of this subsection (b). | ||||||
25 | (2) The defendant does not demonstrate a willingness to |
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1 | participate in a treatment program. | ||||||
2 | (3) The defendant has been convicted of a crime of | ||||||
3 | violence within the past 10 years excluding incarceration | ||||||
4 | time, specifically first degree murder, second degree | ||||||
5 | murder, predatory criminal sexual assault of a child, | ||||||
6 | aggravated criminal sexual assault, criminal sexual | ||||||
7 | assault, armed robbery, aggravated arson, arson, | ||||||
8 | aggravated kidnapping, kidnapping, stalking, aggravated | ||||||
9 | stalking, or any offense involving the discharge of a | ||||||
10 | firearm. | ||||||
11 | (4) (Blank). The defendant has previously completed or | ||||||
12 | has been discharged from a mental health court program | ||||||
13 | within 3 years of completion or discharge.
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14 | (Source: P.A. 95-606, eff. 6-1-08 .) | ||||||
15 | Section 20. The Mental Health and Developmental | ||||||
16 | Disabilities Confidentiality Act is amended by changing | ||||||
17 | Section 9.2 as follows:
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18 | (740 ILCS 110/9.2)
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19 | Sec. 9.2. Interagency disclosure of recipient information. | ||||||
20 | For the
purposes of continuity of care, the Department of Human | ||||||
21 | Services (as
successor to the Department of Mental Health and | ||||||
22 | Developmental
Disabilities), community agencies funded by the
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23 | Department of Human Services in that capacity, licensed private | ||||||
24 | hospitals receiving payments from the Department of Human |
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1 | Services or the Department of Healthcare and Family Services, | ||||||
2 | State correctional facilities, mental health facilities | ||||||
3 | operated by a county, mental health court
professionals as | ||||||
4 | defined in Section 10 of the Mental Health Court Treatment Act, | ||||||
5 | Veterans and
Servicemembers Court professionals as defined in | ||||||
6 | Section 10 of the Veterans and
Servicemembers Court Treatment | ||||||
7 | Act and jails and juvenile detention facilities and jails | ||||||
8 | operated by any
county of this State may disclose a
recipient's | ||||||
9 | record or communications, without consent, to each other, but | ||||||
10 | only
for the purpose of admission, treatment, planning, or | ||||||
11 | discharge. Entities
shall not redisclose any personally | ||||||
12 | identifiable information, unless necessary
for admission, | ||||||
13 | treatment, planning, or discharge of the identified recipient | ||||||
14 | to
another setting.
No records or communications may be | ||||||
15 | disclosed to a county jail or State correctional facility | ||||||
16 | pursuant to
this Section unless the Department has entered into | ||||||
17 | a written agreement with
the county jail or State correctional | ||||||
18 | facility requiring that the county jail or State correctional | ||||||
19 | facility adopt written policies and
procedures designed to | ||||||
20 | ensure that the records and communications are disclosed
only | ||||||
21 | to those persons employed by or under contract to the county | ||||||
22 | jail or State correctional facility who are
involved in the | ||||||
23 | provision of mental health services to inmates and that the
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24 | records and communications are protected from further | ||||||
25 | disclosure.
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26 | (Source: P.A. 96-1399, eff. 7-29-10; 96-1453, eff. 8-20-10.)
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1 | Section 99. Effective date. This Act takes effect upon | ||||||
2 | becoming law.".
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