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| | SB1007 Enrolled | | LRB098 05268 MRW 35300 b |
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| 1 | | AN ACT concerning criminal law.
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| 2 | | Be it enacted by the People of the State of Illinois, |
| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Mental Health Court Treatment Act is amended |
| 5 | | by changing Section 20 as follows:
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| 6 | | (730 ILCS 168/20)
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| 7 | | Sec. 20. Eligibility. |
| 8 | | (a) A defendant, who is eligible for probation based on the |
| 9 | | nature of the crime convicted of and in consideration of his or |
| 10 | | her criminal background, if any, may be admitted into a mental |
| 11 | | health court program only upon the agreement of the prosecutor |
| 12 | | and the defendant and with the approval of the court. |
| 13 | | (b) A defendant shall be excluded from a mental health |
| 14 | | court program if any one of the following applies: |
| 15 | | (1) The crime is a crime of violence as set forth in |
| 16 | | clause (3) of this subsection (b). |
| 17 | | (2) The defendant does not demonstrate a willingness to |
| 18 | | participate in a treatment program. |
| 19 | | (3) The defendant has been convicted of a crime of |
| 20 | | violence within the past 10 years excluding incarceration |
| 21 | | time, specifically first degree murder, second degree |
| 22 | | murder, predatory criminal sexual assault of a child, |
| 23 | | aggravated criminal sexual assault, criminal sexual |
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| | SB1007 Enrolled | - 2 - | LRB098 05268 MRW 35300 b |
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| 1 | | assault, armed robbery, aggravated arson, arson, |
| 2 | | aggravated kidnapping, kidnapping, stalking, aggravated |
| 3 | | stalking, or any offense involving the discharge of a |
| 4 | | firearm. |
| 5 | | (4) (Blank). |
| 6 | | (5) The crime for which the defendant has been |
| 7 | | convicted is non-probationable. |
| 8 | | (6) The sentence imposed on the defendant, whether the |
| 9 | | result of a plea or a finding of guilt, renders the |
| 10 | | defendant ineligible for probation.
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| 11 | | (c) A defendant charged with prostitution under Section |
| 12 | | 11-14 of the Criminal Code of 2012 may be admitted into a |
| 13 | | mental health court program, which may include specialized |
| 14 | | service programs specifically designed to address the trauma |
| 15 | | associated with prostitution and human trafficking, if |
| 16 | | available in the jurisdiction and provided that the |
| 17 | | requirements in subsections (a) and (b) are satisfied. Mental |
| 18 | | health court programs may include specialized service programs |
| 19 | | specifically designed to address the trauma associated with |
| 20 | | prostitution and human trafficking, and may offer those |
| 21 | | specialized services to defendants admitted to the mental |
| 22 | | health court program. Judicial circuits establishing these |
| 23 | | specialized programs shall partner with prostitution and human |
| 24 | | trafficking advocates, survivors, and service providers in the |
| 25 | | development of the programs. |
| 26 | | (Source: P.A. 97-946, eff. 8-13-12; 98-152, eff. 1-1-14; |
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| | SB1007 Enrolled | - 3 - | LRB098 05268 MRW 35300 b |
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| 1 | | 98-538, eff. 8-23-13; revised 8-28-13.)
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| 2 | | Section 95. No acceleration or delay. Where this Act makes |
| 3 | | changes in a statute that is represented in this Act by text |
| 4 | | that is not yet or no longer in effect (for example, a Section |
| 5 | | represented by multiple versions), the use of that text does |
| 6 | | not accelerate or delay the taking effect of (i) the changes |
| 7 | | made by this Act or (ii) provisions derived from any other |
| 8 | | Public Act.
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| 9 | | Section 99. Effective date. This Act takes effect upon |
| 10 | | becoming law. |