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Public Act 098-0621 | ||||
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The Mental Health Court Treatment Act is amended | ||||
by changing Section 20 as follows: | ||||
(730 ILCS 168/20)
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Sec. 20. Eligibility. | ||||
(a) A defendant, who is eligible for probation based on the | ||||
nature of the crime convicted of and in consideration of his or | ||||
her criminal background, if any, 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). | ||
(5) The crime for which the defendant has been | ||
convicted is non-probationable. | ||
(6) The sentence imposed on the defendant, whether the | ||
result of a plea or a finding of guilt, renders the | ||
defendant ineligible for probation.
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(c) A defendant charged with prostitution under Section | ||
11-14 of the Criminal Code of 2012 may be admitted into a | ||
mental health court program, which may include specialized | ||
service programs specifically designed to address the trauma | ||
associated with prostitution and human trafficking, if | ||
available in the jurisdiction and provided that the | ||
requirements in subsections (a) and (b) are satisfied. Mental | ||
health court programs may include specialized service programs | ||
specifically designed to address the trauma associated with | ||
prostitution and human trafficking, and may offer those | ||
specialized services to defendants admitted to the mental | ||
health court program. Judicial circuits establishing these | ||
specialized programs shall partner with prostitution and human | ||
trafficking advocates, survivors, and service providers in the | ||
development of the programs. | ||
(Source: P.A. 97-946, eff. 8-13-12; 98-152, eff. 1-1-14; |
98-538, eff. 8-23-13; revised 8-28-13.) | ||
Section 95. No acceleration or delay. Where this Act makes | ||
changes in a statute that is represented in this Act by text | ||
that is not yet or no longer in effect (for example, a Section | ||
represented by multiple versions), the use of that text does | ||
not accelerate or delay the taking effect of (i) the changes | ||
made by this Act or (ii) provisions derived from any other | ||
Public Act.
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Section 99. Effective date. This Act takes effect upon | ||
becoming law. |