101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB4004

 

Introduced 1/4/2021, by Sen. Scott M. Bennett

 

SYNOPSIS AS INTRODUCED:
 
730 ILCS 5/5-6-3.6

    Amends the Unified Code of Corrections. Provides that the Program administrator of the First Time Weapon Offender Program shall be appointed by the Chief Judge of each Judicial Circuit. Effective immediately.


LRB101 21710 RLC 72654 b

 

 

A BILL FOR

 

SB4004LRB101 21710 RLC 72654 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Unified Code of Corrections is amended by
5changing Section 5-6-3.6 as follows:
 
6    (730 ILCS 5/5-6-3.6)
7    (Section scheduled to be repealed on January 1, 2023)
8    Sec. 5-6-3.6. First Time Weapon Offender Program.
9    (a) The General Assembly has sought to promote public
10safety, reduce recidivism, and conserve valuable resources of
11the criminal justice system through the creation of diversion
12programs for non-violent offenders. This amendatory Act of the
13100th General Assembly establishes a pilot program for
14first-time, non-violent offenders charged with certain weapons
15offenses. The General Assembly recognizes some persons,
16particularly young adults in areas of high crime or poverty,
17may have experienced trauma that contributes to poor decision
18making skills, and the creation of a diversionary program poses
19a greater benefit to the community and the person than
20incarceration. Under this program, a court, with the consent of
21the defendant and the State's Attorney, may sentence a
22defendant charged with an unlawful use of weapons offense under
23Section 24-1 of the Criminal Code of 2012 or aggravated

 

 

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1unlawful use of a weapon offense under Section 24-1.6 of the
2Criminal Code of 2012, if punishable as a Class 4 felony or
3lower, to a First Time Weapon Offender Program.
4    (b) A defendant is not eligible for this Program if:
5        (1) the offense was committed during the commission of
6    a violent offense as defined in subsection (h) of this
7    Section;
8        (2) he or she has previously been convicted or placed
9    on probation or conditional discharge for any violent
10    offense under the laws of this State, the laws of any other
11    state, or the laws of the United States;
12        (3) he or she had a prior successful completion of the
13    First Time Weapon Offender Program under this Section;
14        (4) he or she has previously been adjudicated a
15    delinquent minor for the commission of a violent offense;
16        (5) he or she is 21 years of age or older; or
17        (6) he or she has an existing order of protection
18    issued against him or her.
19    (b-5) In considering whether a defendant shall be sentenced
20to the First Time Weapon Offender Program, the court shall
21consider the following:
22        (1) the age, immaturity, or limited mental capacity of
23    the defendant;
24        (2) the nature and circumstances of the offense;
25        (3) whether participation in the Program is in the
26    interest of the defendant's rehabilitation, including any

 

 

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1    employment or involvement in community, educational,
2    training, or vocational programs;
3        (4) whether the defendant suffers from trauma, as
4    supported by documentation or evaluation by a licensed
5    professional; and
6        (5) the potential risk to public safety.
7    (c) For an offense committed on or after the effective date
8of this amendatory Act of the 100th General Assembly and before
9January 1, 2023, whenever an eligible person pleads guilty to
10an unlawful use of weapons offense under Section 24-1 of the
11Criminal Code of 2012 or aggravated unlawful use of a weapon
12offense under Section 24-1.6 of the Criminal Code of 2012,
13which is punishable as a Class 4 felony or lower, the court,
14with the consent of the defendant and the State's Attorney,
15may, without entering a judgment, sentence the defendant to
16complete the First Time Weapon Offender Program. When a
17defendant is placed in the Program, the court shall defer
18further proceedings in the case until the conclusion of the
19period or until the filing of a petition alleging violation of
20a term or condition of the Program. Upon violation of a term or
21condition of the Program, the court may enter a judgment on its
22original finding of guilt and proceed as otherwise provided by
23law. Upon fulfillment of the terms and conditions of the
24Program, the court shall discharge the person and dismiss the
25proceedings against the person.
26    (d) The Program shall be at least 18 months and not to

 

 

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1exceed 24 months, as determined by the court at the
2recommendation of the Program program administrator and the
3State's Attorney. The Program administrator shall be appointed
4by the Chief Judge of each Judicial Circuit.
5    (e) The conditions of the Program shall be that the
6defendant:
7        (1) not violate any criminal statute of this State or
8    any other jurisdiction;
9        (2) refrain from possessing a firearm or other
10    dangerous weapon;
11        (3) obtain or attempt to obtain employment;
12        (4) attend educational courses designed to prepare the
13    defendant for obtaining a high school diploma or to work
14    toward passing high school equivalency testing or to work
15    toward completing a vocational training program;
16        (5) refrain from having in his or her body the presence
17    of any illicit drug prohibited by the Methamphetamine
18    Control and Community Protection Act, the Cannabis Control
19    Act, or the Illinois Controlled Substances Act, unless
20    prescribed by a physician, and submit samples of his or her
21    blood or urine or both for tests to determine the presence
22    of any illicit drug;
23        (6) perform a minimum of 50 hours of community service;
24        (7) attend and participate in any Program activities
25    deemed required by the Program administrator, including
26    but not limited to: counseling sessions, in-person and over

 

 

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1    the phone check-ins, and educational classes; and
2        (8) pay all fines, assessments, fees, and costs.
3    (f) The Program may, in addition to other conditions,
4require that the defendant:
5        (1) wear an ankle bracelet with GPS tracking;
6        (2) undergo medical or psychiatric treatment, or
7    treatment or rehabilitation approved by the Department of
8    Human Services; and
9        (3) attend or reside in a facility established for the
10    instruction or residence of defendants on probation.
11    (g) There may be only one discharge and dismissal under
12this Section. If a person is convicted of any offense which
13occurred within 5 years subsequent to a discharge and dismissal
14under this Section, the discharge and dismissal under this
15Section shall be admissible in the sentencing proceeding for
16that conviction as evidence in aggravation.
17    (h) For purposes of this Section, "violent offense" means
18any offense in which bodily harm was inflicted or force was
19used against any person or threatened against any person; any
20offense involving the possession of a firearm or dangerous
21weapon; any offense involving sexual conduct, sexual
22penetration, or sexual exploitation; violation of an order of
23protection, stalking, hate crime, domestic battery, or any
24offense of domestic violence.
25    (i) This Section is repealed on January 1, 2023.
26(Source: P.A. 100-3, eff. 1-1-18.)
 

 

 

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1    Section 99. Effective date. This Act takes effect upon
2becoming law.