SB 3416

Abstract

Amends the Unified Code of Corrections. Provides that it is a mitigating factor in sentencing that the defendant is convicted of a felony and is a combat veteran who is a qualified service-disabled veteran who has been diagnosed with post-traumatic stress disorder. Amends the Veterans and Servicemembers Court Treatment Act. Provides that if a combat veteran who is a resident of Illinois is a qualified service-disabled veteran and is believed to have committed an offense or is in need of assistance as a result of a suspected incidence of post-traumatic stress disorder, a peace officer or an ambulance service shall transport the veteran to a Department of Veterans Affairs' hospital to be evaluated by a physician, psychiatrist, or clinical psychologist, or other medical professional that the hospital deems qualified to determine whether the veteran is a danger to himself, herself, herself, or others. Provides that if it is determined by the hospital staff who evaluated the veteran that the veteran is not a danger to himself or others, the person shall be released unless that person is subject to law enforcement agency custody for commission of an offense that requires pretrial detention under the Pretrial Release Article of the Code of Criminal Procedure of 1963. If the veteran requires detention, the veteran shall be released to law enforcement agency custody. Provides that if a combat veteran who is a qualified service-disabled veteran is charged with a criminal offense, the case shall be tried by a veterans and servicemembers court located in the veteran's county of residence, or if the veteran's county of residence does not have a veterans and servicemembers court located in that county, the case shall be tried in a veterans and servicemembers court located in the nearest county of the veteran's residence.