97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB3423
 
Introduced 2/7/2012, by Sen. Thomas Johnson
 
SYNOPSIS AS INTRODUCED:
 

 
20 ILCS 301/40-5

     Amends the Alcoholism and Other Drug Abuse and Dependency Act.  Provides that treatment under the supervision of a
licensed program designated by the Department of Human Services  is not available to: a first-time offender charged or convicted of possession of 15 grams or more (rather than any amount) of methamphetamine; or a person who is otherwise ineligible for probation under specified provisions  of the Methamphetamine Control and Community Protection Act.
  


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A BILL FOR
 

  
SB3423LRB097 17881 KTG 63103 b


  
1    AN ACT concerning drugs.
  
 
2    WHEREAS, Treatment Alternatives for Safe Communities 
3(TASC) is a more rigorous sentencing option employed by 
4Illinois courts to ensure that offenders rehabilitate and prove 
5to the Court that they remain drug free; therefore
 
6    Be it enacted by the People of the State of Illinois,
 
7represented in the General Assembly:
  
 
 
8    Section 5. The Alcoholism and Other Drug Abuse and 
9Dependency Act is amended  by changing Section 40-5 as follows:
 
10    (20 ILCS 301/40-5)
11    Sec. 40-5. Election of treatment. An addict or alcoholic 
12who is charged
with or convicted of a crime or any other person 
13charged with or convicted of a misdemeanor violation of the Use 
14of Intoxicating Compounds Act and who has not been previously 
15convicted of a violation of that Act may elect treatment under 
16the supervision of a
licensed program designated by the 
17Department, referred to in this Article
as "designated 
18program", unless:
19        (1) the crime is a crime of violence;
20        (2) the crime is a violation of Section 401(a), 401(b), 
21    401(c) where the
person electing treatment has been 
22    previously convicted of a non-probationable
felony or the 
 
 
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1    violation is non-probationable, 401(d) where the violation 
2    is
non-probationable, 401.1, 402(a), 405 or 407 of the 
3    Illinois Controlled
Substances
Act, or Section 4(d), 4(e), 
4    4(f), 4(g), 5(d), 5(e), 5(f), 5(g), 5.1, 7
or 9 of the 
5    Cannabis Control Act or Section 15, 20, 55, 60(b)(3), 
6    60(b)(4), 60(b)(5), 60(b)(6) 60, or 65 of the 
7    Methamphetamine Control and Community Protection Act or is 
8    otherwise ineligible for probation under Section 70 of the 
9    Methamphetamine Control and Community Protection Act;
10        (3) the person has a record of 2 or more convictions of 
11    a crime of
violence;
12        (4) other criminal proceedings alleging commission of 
13    a felony are pending
against the person;
14        (5) the person is on probation or parole and the 
15    appropriate parole or
probation authority does not consent 
16    to that election;
17        (6) the person elected and was admitted to a designated 
18    program on 2 prior
occasions within any consecutive 2-year 
19    period;
20        (7) the person has been convicted of residential 
21    burglary and has a record
of one or more felony 
22    convictions;
23        (8) the crime is a violation of Section 11-501 of the 
24    Illinois Vehicle
Code or a similar provision of a local 
25    ordinance; or
26        (9) the crime is a reckless homicide or a reckless 
 
 
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1    homicide of an unborn
child, as defined in Section 9-3 or 
2    9-3.2 of the Criminal Code of 1961, in
which the cause of 
3    death consists of the driving of a motor vehicle by a 
4    person
under the influence of alcohol or any other drug or 
5    drugs at the time of the
violation.
6(Source: P.A. 96-1440, eff. 1-1-11.)