Sen. John G. Mulroe
Filed: 10/22/2013
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1 | AMENDMENT TO SENATE BILL 1007
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2 | AMENDMENT NO. ______. Amend Senate Bill 1007 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Mental Health Court Treatment Act is | ||||||
5 | amended 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). |
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1 | (2) The defendant does not demonstrate a willingness to | ||||||
2 | participate in a treatment program. | ||||||
3 | (3) The defendant has been convicted of a crime of | ||||||
4 | violence within the past 10 years excluding incarceration | ||||||
5 | time, specifically first degree murder, second degree | ||||||
6 | murder, predatory criminal sexual assault of a child, | ||||||
7 | aggravated criminal sexual assault, criminal sexual | ||||||
8 | assault, armed robbery, aggravated arson, arson, | ||||||
9 | aggravated kidnapping, kidnapping, stalking, aggravated | ||||||
10 | stalking, or any offense involving the discharge of a | ||||||
11 | firearm. | ||||||
12 | (4) (Blank). | ||||||
13 | (5) The crime for which the defendant has been | ||||||
14 | convicted is non-probationable. | ||||||
15 | (6) The sentence imposed on the defendant, whether the | ||||||
16 | result of a plea or a finding of guilt, renders the | ||||||
17 | defendant ineligible for probation.
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18 | (c) A defendant charged with prostitution under Section | ||||||
19 | 11-14 of the Criminal Code of 2012 may be admitted into a | ||||||
20 | mental health court program, which may include specialized | ||||||
21 | service programs specifically designed to address the trauma | ||||||
22 | associated with prostitution and human trafficking, if | ||||||
23 | available in the jurisdiction and provided that the | ||||||
24 | requirements in subsections (a) and (b) are satisfied. Mental | ||||||
25 | health court programs may include specialized service programs | ||||||
26 | specifically designed to address the trauma associated with |
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1 | prostitution and human trafficking, and may offer those | ||||||
2 | specialized services to defendants admitted to the mental | ||||||
3 | health court program. Judicial circuits establishing these | ||||||
4 | specialized programs shall partner with prostitution and human | ||||||
5 | trafficking advocates, survivors, and service providers in the | ||||||
6 | development of the programs. | ||||||
7 | (Source: P.A. 97-946, eff. 8-13-12; 98-152, eff. 1-1-14; | ||||||
8 | 98-538, eff. 8-23-13; revised 8-28-13.)
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9 | Section 95. No acceleration or delay. Where this Act makes | ||||||
10 | changes in a statute that is represented in this Act by text | ||||||
11 | that is not yet or no longer in effect (for example, a Section | ||||||
12 | represented by multiple versions), the use of that text does | ||||||
13 | not accelerate or delay the taking effect of (i) the changes | ||||||
14 | made by this Act or (ii) provisions derived from any other | ||||||
15 | Public Act.
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16 | Section 99. Effective date. This Act takes effect upon | ||||||
17 | becoming law.".
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