(730 ILCS 167/20)
Sec. 20.
Eligibility.
Veterans and Servicemembers are eligible for Veterans and Servicemembers Courts, provided the following:
(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.
(b) A defendant shall be excluded from Veterans and Servicemembers Court program if any of 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, including but not limited to: 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 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. | |
(4) The defendant has previously completed or has |
| been discharged from a Veterans and Servicemembers Court program within three years of that completion or discharge. | |
(Source: P.A. 96‑924, eff. 6‑14‑10.) |
(730 ILCS 167/35)
Sec. 35.
Violation; termination; discharge.
(a) If the Court finds from the evidence presented including but not limited to the reports or proffers of proof from the Veterans and Servicemembers Court professionals that:
(1) the defendant is not performing satisfactorily in
|
(2) the defendant is not benefitting from education, |
| treatment, or rehabilitation; | |
(3) the defendant has engaged in criminal conduct |
| rendering him or her unsuitable for the program; or | |
(4) the defendant has otherwise violated the terms |
| and conditions of the program or his or her sentence or is for any reason unable to participate; the Court may impose reasonable sanctions under prior written agreement of the defendant, including but not limited to imprisonment or dismissal of the defendant from the program and the Court may reinstate criminal proceedings against him or her or proceed under Section 5‑6‑4 of the Unified Code of Corrections for a violation of probation, conditional discharge, or supervision hearing. | |
(b) Upon successful completion of the terms and conditions of the program, the Court may dismiss the original charges against the defendant or successfully terminate the defendant's sentence or otherwise discharge him or her from any further proceedings against him or her in the original prosecution.
(Source: P.A. 96‑924, eff. 6‑14‑10.) |
(730 ILCS 167/20)
Sec. 20.
Eligibility.
Veterans and Servicemembers are eligible for Veterans and Servicemembers Courts, provided the following:
(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.
(b) A defendant shall be excluded from Veterans and Servicemembers Court program if any of 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, including but not limited to: 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 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. | |
(4) The defendant has previously completed or has |
| been discharged from a Veterans and Servicemembers Court program within three years of that completion or discharge. | |
(Source: P.A. 96‑924, eff. 6‑14‑10.) |
(730 ILCS 167/35)
Sec. 35.
Violation; termination; discharge.
(a) If the Court finds from the evidence presented including but not limited to the reports or proffers of proof from the Veterans and Servicemembers Court professionals that:
(1) the defendant is not performing satisfactorily in
|
(2) the defendant is not benefitting from education, |
| treatment, or rehabilitation; | |
(3) the defendant has engaged in criminal conduct |
| rendering him or her unsuitable for the program; or | |
(4) the defendant has otherwise violated the terms |
| and conditions of the program or his or her sentence or is for any reason unable to participate; the Court may impose reasonable sanctions under prior written agreement of the defendant, including but not limited to imprisonment or dismissal of the defendant from the program and the Court may reinstate criminal proceedings against him or her or proceed under Section 5‑6‑4 of the Unified Code of Corrections for a violation of probation, conditional discharge, or supervision hearing. | |
(b) Upon successful completion of the terms and conditions of the program, the Court may dismiss the original charges against the defendant or successfully terminate the defendant's sentence or otherwise discharge him or her from any further proceedings against him or her in the original prosecution.
(Source: P.A. 96‑924, eff. 6‑14‑10.) |