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Public Act 097-0946 | ||||
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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: | ||
(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 |
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 |
components of drug courts.
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(Source: P.A. 96-924, eff. 6-14-10.) | ||
(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.) | ||
(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 |
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.) | ||
Section 15. The Mental Health Court Treatment Act is | ||
amended by changing Sections 10 and 20 as follows: |
(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 |
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 .) | ||
(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, |
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 .) | ||
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 |
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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