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 consent of the defendant and with the approval of the court. A defendant agrees to be admitted when a written consent to participate is provided to the court in open court and the defendant acknowledges understanding of its contents.
        (a-5) Each veterans and servicemembers court shall
    
have a target population defined in its written policies and procedures. The policies and procedures shall define that court’s eligibility and exclusionary criteria.
        (b) A defendant shall be excluded from a 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 paragraph (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 5 years excluding incarceration time, parole, and periods of mandatory supervised release. As used in this paragraph, “crime of violence” means: 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, aggravated domestic battery resulting in great bodily harm or permanent disability, aggravated criminal sexual abuse by a person in a position of trust or authority over a child, stalking, aggravated stalking, home invasion, aggravated vehicular hijacking, or any offense involving the discharge of a firearm.
            (4) The defendant is charged with a violation of
        
subparagraph (F) of paragraph (1) of subsection (d) of § 11-501 of the Illinois Vehicle Code in which an individual is charged with aggravated driving under the influence that resulted in the death of another person or when the violation was a proximate cause of the death, unless, pursuant to subparagraph (G) of paragraph (1) of subsection (d) of § 11-501 of the Illinois Vehicle Code, the court determines that extraordinary circumstances exist and require probation.
            (5) (Blank).

Attorney's Note

Under the Illinois Statutes, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
First-degree murder20 years to lifeup to $25,000
For details, see § Ill. Comp. Stat. 730 ILCS 5/5-4.5-20
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Terms Used In Illinois Compiled Statutes 730 ILCS 167/20

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • individual: shall include every infant member of the species homo sapiens who is born alive at any stage of development. See Illinois Compiled Statutes 5 ILCS 70/1.36
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.

             (6) (Blank).
         (c) Notwithstanding subsection (a), the defendant may
    
be admitted into a veterans and servicemembers court program only upon the agreement of the prosecutor if the defendant is charged with a Class 2 or greater felony violation of:
            (1) Section 401, 401.1, 405, or 405.2 of the
        
Illinois Controlled Substances Act;
            (2) Section 5, 5.1, or 5.2 of the Cannabis
        
Control Act; or
            (3) Section 15, 20, 25, 30, 35, 40, 45, 50, 55,
        
56, or 65 of the Methamphetamine Control and Community Protection Act.
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