ILCS » Chapter 730 · Act 167
Illinois Compiled Statutes

730 ILCS 167/20 (2026)

Eligibility

✓ current as of May 2026
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(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 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 Section 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 Section 11-501 of the Illinois Vehicle Code, the court determines that extraordinary circumstances exist and require probation.
            (5) (Blank).
            (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.
(Source: P.A. 102-1041, eff. 6-2-22; 103-154, eff. 6-30-23.)

    
Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 2012–2021 · leading case: People v. McKinney, 2012 IL App (1st) 103364 (Ill. App. Ct. 2012).
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People v. McKinney, 2012 IL App (1st) 103364 (Ill. App. Ct. 2012). · cites it 3× “730 ILCS 167/20(a) (West 2010). A defendant shall be excluded from a veterans court program if he: (1) is charged with a crime of violence; (2) does not demonstrate a willingness to participate in the program; (3) has committed a crime of violence in the past 10 years, excluding…”
People v. Burroughs, 2021 IL App (4th) 190554-U (Ill. App. Ct. 2021). “” 730 ILCS 167/20(b)(2) (West 2018). Here, even if the trial court incorrectly considered defendant’s county of residence, the error cannot rise to the - 19 - level of plain error because defendant failed to demonstrate a willingness to participate in a treatment program.”
— 730 ILCS 167/20(a) — 1 case
People v. McKinney, 2012 IL App (1st) 103364 (Ill. App. Ct. 2012). “730 ILCS 167/20(a) (West 2010). A defendant shall be excluded from a veterans court program if he: (1) is charged with a crime of violence; (2) does not demonstrate a willingness to participate in the program; (3) has committed a crime of violence in the past 10 years, excluding…”
— 730 ILCS 167/20(b) — 1 case
People v. McKinney, 2012 IL App (1st) 103364 (Ill. App. Ct. 2012). “730 ILCS 167/20(a) (West 2010). A defendant shall be excluded from a veterans court program if he: (1) is charged with a crime of violence; (2) does not demonstrate a willingness to participate in the program; (3) has committed a crime of violence in the past 10 years, excluding…”
— 730 ILCS 167/20(b)(2) — 2 cases
People v. Burroughs, 2021 IL App (4th) 190554-U (Ill. App. Ct. 2021). “” 730 ILCS 167/20(b)(2) (West 2018). Here, even if the trial court incorrectly considered defendant’s county of residence, the error cannot rise to the - 19 - level of plain error because defendant failed to demonstrate a willingness to participate in a treatment program.”
People v. McKinney, 2012 IL App (1st) 103364 (Ill. App. Ct. 2012). “730 ILCS 167/20(a) (West 2010). A defendant shall be excluded from a veterans court program if he: (1) is charged with a crime of violence; (2) does not demonstrate a willingness to participate in the program; (3) has committed a crime of violence in the past 10 years, excluding…”
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