Full Text of SB0677 95th General Assembly
SB0677enr 95TH GENERAL ASSEMBLY
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| AN ACT concerning criminal law.
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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 1. Short title. This Act may be cited as the Mental | 5 |
| Health Court Treatment Act.
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| Section 5. Purposes. The General Assembly recognizes that a | 7 |
| large percentage of criminal defendants have a diagnosable | 8 |
| mental illness and that mental illnesses have a dramatic effect | 9 |
| on the criminal justice system in the State of Illinois. The | 10 |
| General Assembly also recognizes that mental illness and | 11 |
| substance abuse problems co-occur in a substantial percentage | 12 |
| of criminal defendants. There is a critical need for a criminal | 13 |
| justice system program that will reduce the number of persons | 14 |
| with mental illnesses and with co-occurring mental illness and | 15 |
| substance abuse problems in the criminal justice system, reduce | 16 |
| recidivism among persons with mental illness and with | 17 |
| co-occurring mental illness and substance abuse problems, | 18 |
| provide appropriate treatment to persons with mental illnesses | 19 |
| and co-occurring mental illness and substance abuse problems | 20 |
| and reduce the incidence of crimes committed as a result of | 21 |
| mental illnesses or co-occurring mental illness and substance | 22 |
| abuse problems. It is the intent of the General Assembly to | 23 |
| create specialized mental health courts with the necessary |
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| flexibility to meet the problems of criminal defendants with | 2 |
| mental illnesses and co-occurring mental illness and substance | 3 |
| abuse problems in the State of Illinois.
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| Section 10. Definitions. As used in this Act: | 5 |
| "Mental health court", "mental health court program", or | 6 |
| "program" means a structured judicial intervention process for | 7 |
| mental health treatment of eligible defendants that brings | 8 |
| together mental health professionals, local social programs, | 9 |
| and intensive judicial monitoring. | 10 |
| "Mental health court professional" means a judge, | 11 |
| prosecutor, defense attorney, probation officer, or treatment | 12 |
| provider involved with the mental health court program. | 13 |
| "Pre-adjudicatory mental health court program" means a | 14 |
| program that allows the defendant, with the consent of the | 15 |
| prosecution, to expedite the defendant's criminal case before | 16 |
| conviction or before filing of a criminal case and requires | 17 |
| successful completion of the mental health court program as | 18 |
| part of the agreement. | 19 |
| "Post-adjudicatory mental health court program" means a | 20 |
| program in which the defendant has admitted guilt or has been | 21 |
| found guilty and agrees, along with the prosecution, to enter a | 22 |
| mental health court program as part of the defendant's | 23 |
| sentence. | 24 |
| "Combination mental health court program" means a mental | 25 |
| health court program that
includes a pre-adjudicatory mental |
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| health court program and a post-adjudicatory mental health | 2 |
| court program. | 3 |
| "Co-occurring mental health and substance abuse court | 4 |
| program" means a program that includes persons with | 5 |
| co-occurring mental illness and substance abuse problems. Such | 6 |
| programs
shall include professionals with training and | 7 |
| experience in treating persons with substance abuse problems | 8 |
| and mental illness.
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| Section 15. Authorization. The Chief Judge of each judicial | 10 |
| circuit may establish a mental health court program, including | 11 |
| the format under which it operates under this Act.
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| Section 20. Eligibility. | 13 |
| (a) A defendant may be admitted into a mental health court | 14 |
| program only upon the agreement of the prosecutor and the | 15 |
| defendant and with the approval of the court. | 16 |
| (b) A defendant shall be excluded from a mental health | 17 |
| court program if any one of the following applies: | 18 |
| (1) The crime is a crime of violence as set forth in | 19 |
| clause (3) of this subsection (b). | 20 |
| (2) The defendant does not demonstrate a willingness to | 21 |
| participate in a treatment program. | 22 |
| (3) The defendant has been convicted of a crime of | 23 |
| violence within the past 10 years excluding incarceration | 24 |
| time, specifically first degree murder, second degree |
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| murder, predatory criminal sexual assault of a child, | 2 |
| aggravated criminal sexual assault, criminal sexual | 3 |
| assault, armed robbery, aggravated arson, arson, | 4 |
| aggravated kidnapping, kidnapping, stalking, aggravated | 5 |
| stalking, or any offense involving the discharge of a | 6 |
| firearm. | 7 |
| (4) The defendant has previously completed or has been | 8 |
| discharged from a mental health court program within 3 | 9 |
| years of completion or discharge.
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| Section 25. Procedure. | 11 |
| (a) The court shall require an eligibility screening and an | 12 |
| assessment of the defendant. An assessment need not be ordered | 13 |
| if the court finds a valid assessment related to the present | 14 |
| charge pending against the defendant has been completed within | 15 |
| the previous 60 days. | 16 |
| (b) The judge shall inform the defendant that if the | 17 |
| defendant fails to meet the requirements of the mental health | 18 |
| court program, eligibility to participate in the program may be | 19 |
| revoked and the defendant may be sentenced or the prosecution | 20 |
| continued, as provided in the Unified Code of Corrections, for | 21 |
| the crime charged. | 22 |
| (c) The defendant shall execute a written agreement as to | 23 |
| his or her participation in the program and shall agree to all | 24 |
| of the terms and conditions of the program, including but not | 25 |
| limited to the possibility of sanctions or incarceration for |
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| failing to abide or comply with the terms of the program. | 2 |
| (d) In addition to any conditions authorized under the | 3 |
| Pretrial Services Act and Section 5-6-3 of the Unified Code of | 4 |
| Corrections, the court may order the defendant to complete | 5 |
| mental health or substance abuse treatment in an outpatient, | 6 |
| inpatient, residential, or jail-based custodial treatment | 7 |
| program. Any period of time a defendant shall serve in a | 8 |
| jail-based treatment program may not be reduced by the | 9 |
| accumulation of good time or other credits and may be for a | 10 |
| period of up to 120 days. | 11 |
| (e) The mental health court program may include a regimen | 12 |
| of graduated requirements and rewards and sanctions, including | 13 |
| but not limited to: fines, fees, costs, restitution, | 14 |
| incarceration of up to 180 days, individual and group therapy, | 15 |
| medication, drug analysis testing, close monitoring by the | 16 |
| court and supervision of progress, educational or vocational | 17 |
| counseling as appropriate and other requirements necessary to | 18 |
| fulfill the mental health court program.
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| Section 30. Mental health and substance abuse treatment. | 20 |
| (a) The mental health court program may maintain or | 21 |
| collaborate with a network of mental
health treatment programs | 22 |
| and, if it is a co-occurring mental health and substance abuse | 23 |
| court program, a network of substance abuse treatment programs | 24 |
| representing a continuum of treatment options commensurate | 25 |
| with the needs of defendants and available resources. |
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| (b) Any substance abuse treatment program to which | 2 |
| defendants are referred must meet all of the rules and | 3 |
| governing programs in Parts 2030 and 2060 of Title 77 of the | 4 |
| Illinois Administrative Code. | 5 |
| (c) The mental health court program may, at its discretion, | 6 |
| employ additional services or interventions, as it deems | 7 |
| necessary on a case by case basis.
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| Section 35. Violation; termination; discharge.
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| (a) If the court finds from the evidence presented, | 10 |
| including but not limited to the reports or proffers of proof | 11 |
| from the mental health court professionals that: | 12 |
| (1) the defendant is not performing satisfactorily in | 13 |
| the assigned program; | 14 |
| (2) the defendant is not benefiting from education, | 15 |
| treatment, or rehabilitation; | 16 |
| (3) the defendant has engaged in criminal conduct | 17 |
| rendering him or her unsuitable for the program; or | 18 |
| (4) the defendant has otherwise violated the terms and | 19 |
| conditions of the program or his or her sentence or is for | 20 |
| any reason unable to participate;
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| the court may impose reasonable sanctions under prior written | 22 |
| agreement of the defendant, including but not limited to | 23 |
| imprisonment or dismissal of the defendant from the program; | 24 |
| and the court may reinstate criminal proceedings against him or | 25 |
| her or proceed under Section 5-6-4 of the Unified Code of |
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| Corrections for a violation of probation, conditional | 2 |
| discharge, or supervision hearing.
No defendant may be | 3 |
| dismissed from the program unless, prior to such dismissal, the | 4 |
| defendant is informed in writing: (i) of the reason or reasons | 5 |
| for the dismissal; (ii) the evidentiary basis supporting the | 6 |
| reason or reasons for the dismissal; (iii) that the defendant | 7 |
| has a right to a hearing at
which he or she may present | 8 |
| evidence supporting his or her continuation in the program. | 9 |
| Based upon the evidence presented, the court shall determine | 10 |
| whether the defendant has violated the conditions of the | 11 |
| program and whether the defendant should be dismissed from the | 12 |
| program or whether some other alternative may be appropriate in | 13 |
| the interests of the defendant and the public. | 14 |
| (b) Upon successful completion of the terms and conditions | 15 |
| of the program, the court may dismiss the original charges | 16 |
| against the defendant or successfully terminate the | 17 |
| defendant's sentence or otherwise discharge him or her from the | 18 |
| program or from any further proceedings against him or her in | 19 |
| the original prosecution.
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| Section 105. The Unified Code of Corrections is amended by | 21 |
| changing Section 5-9-3 as follows:
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| (730 ILCS 5/5-9-3) (from Ch. 38, par. 1005-9-3)
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| Sec. 5-9-3. Default.
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| (a) An offender who defaults in the payment of a fine or
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| any
installment of that fine may be held in contempt and | 2 |
| imprisoned for nonpayment. The
court may issue a summons for | 3 |
| his appearance or a warrant of arrest.
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| (b) Unless the offender shows that his default was not due | 5 |
| to his
intentional refusal to pay, or not due to a failure on | 6 |
| his part to make a
good faith effort to pay, the court may | 7 |
| order the offender imprisoned for a
term not to exceed 6 months | 8 |
| if the fine was for a felony, or 30 days if the
fine was for a | 9 |
| misdemeanor, a petty offense or a business offense. Payment
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| the fine at any time will entitle the offender to be released, | 11 |
| but
imprisonment under this Section shall not satisfy the | 12 |
| payment of the fine.
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| (c) If it appears that the default in the payment of a fine | 14 |
| is not
intentional under paragraph (b) of this Section, the | 15 |
| court may enter an
order allowing the offender additional time | 16 |
| for payment, reducing the
amount of the fine or of each | 17 |
| installment, or revoking the fine or the
unpaid portion.
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| (d) When a fine is imposed on a corporation or | 19 |
| unincorporated
organization or association, it is the duty of | 20 |
| the person or persons
authorized to make disbursement of | 21 |
| assets, and their superiors, to pay the
fine from assets of the | 22 |
| corporation or unincorporated organization or
association. The | 23 |
| failure of such persons to do so shall render them subject
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| proceedings under paragraphs (a) and (b) of this Section.
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| (e) A default in the payment of a fine , fee, cost, | 26 |
| restitution, or judgment of bond forfeiture or any installment |
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| may be
collected by any and all means authorized for the | 2 |
| collection of money judgments. The State's Attorney of the | 3 |
| county in which the fine , fee, cost, restitution, or judgment | 4 |
| of bond forfeiture was imposed may retain
attorneys and private | 5 |
| collection agents for the purpose of collecting any
default in | 6 |
| payment of any fine , fee, cost, restitution, or judgment of | 7 |
| bond forfeiture or installment of that fine , fee, cost, | 8 |
| restitution, or judgment of bond forfeiture. An additional fee | 9 |
| of 30% of the delinquent amount is to be charged to the | 10 |
| offender for any amount of the fine, fee, cost, restitution, or | 11 |
| judgment of bond forfeiture or installment of the fine, fee, | 12 |
| cost, restitution, or judgment of bond forfeiture that remains | 13 |
| unpaid after the time fixed for payment of the fine, fee, cost, | 14 |
| restitution, or judgment of bond forfeiture by the court. The | 15 |
| additional fee shall be payable to the State's Attorney in | 16 |
| order to compensate the State's Attorney for costs incurred in | 17 |
| collecting the delinquent amount. The State's Attorney may | 18 |
| enter into agreements assigning any portion of the fee to the | 19 |
| retained attorneys or the private collection agent retained by | 20 |
| the State's Attorney. Any agreement between the State's | 21 |
| Attorney and the retained attorneys or collection agents shall | 22 |
| require the approval of the Circuit Clerk of that county. A | 23 |
| default in payment of a fine, fee, cost, restitution, or | 24 |
| judgment of bond forfeiture shall draw interest at the rate of | 25 |
| 9% per annum . The fees and
costs incurred by the State's | 26 |
| Attorney in any such collection and the fees
and charges of |
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| attorneys and private collection agents retained by the State's | 2 |
| Attorney for those purposes shall be charged to the offender .
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| (Source: P.A. 93-693, eff. 1-1-05.)
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