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1 | AN ACT concerning State government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Alcoholism and Other Drug Abuse and | ||||||
5 | Dependency Act is amended by changing Section 40-10 as follows:
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6 | (20 ILCS 301/40-10)
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7 | Sec. 40-10. Treatment as a condition of probation.
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8 | (a) If a court has reason to believe that an individual who | ||||||
9 | is charged with
or convicted of a crime suffers from alcoholism | ||||||
10 | or other drug addiction and the
court finds that he is eligible | ||||||
11 | to make the election provided for under Section
40-5, the court | ||||||
12 | shall advise the individual that he or she
may be sentenced to | ||||||
13 | probation and
shall be subject to terms and conditions of | ||||||
14 | probation under
Section 5-6-3 of the Unified Code of | ||||||
15 | Corrections
if he or she elects to submit to treatment and is | ||||||
16 | accepted for
treatment by a designated program. The court shall | ||||||
17 | further advise the
individual that:
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18 | (1) if he or she elects to submit to treatment and is | ||||||
19 | accepted he or
she
shall be sentenced to probation and | ||||||
20 | placed under the supervision of the designated program
for | ||||||
21 | a period
not to exceed the maximum sentence that could be | ||||||
22 | imposed for his conviction or
5 years, whichever is less.
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23 | (2) during probation he or she may be treated at the |
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1 | discretion of the
designated
program.
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2 | (3) if he or she adheres to the requirements of the | ||||||
3 | designated program
and
fulfills the other conditions of | ||||||
4 | probation ordered by the court, he or she
will be
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5 | discharged, but any failure to adhere to the requirements | ||||||
6 | of the designated
program is a breach of probation.
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7 | The court may certify an individual for treatment while on
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8 | probation under the supervision of a designated program and | ||||||
9 | probation
authorities regardless of the election of the | ||||||
10 | individual.
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11 | (b) If the individual elects to undergo treatment or is | ||||||
12 | certified for
treatment, the court shall order an examination | ||||||
13 | by a designated program to
determine whether he suffers from | ||||||
14 | alcoholism or other drug addiction and is
likely to be | ||||||
15 | rehabilitated through treatment. The designated program shall
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16 | report to the court the results of the examination and | ||||||
17 | recommend whether the
individual should be placed for | ||||||
18 | treatment. If the court, on the basis of the
report and other | ||||||
19 | information, finds that such an individual suffers from
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20 | alcoholism or other drug addiction and is likely to be | ||||||
21 | rehabilitated through
treatment, the individual shall be | ||||||
22 | placed on probation and under the
supervision of a designated | ||||||
23 | program for treatment and under the supervision of
the proper | ||||||
24 | probation authorities for probation supervision unless, giving
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25 | consideration to the nature and circumstances of the offense | ||||||
26 | and to the
history, character and condition of the individual, |
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1 | the court is of the opinion
that no significant relationship | ||||||
2 | exists between the addiction or alcoholism of
the individual | ||||||
3 | and the crime committed, or that his imprisonment or periodic
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4 | imprisonment is necessary for the protection of the public, and | ||||||
5 | the court
specifies on the record the particular evidence, | ||||||
6 | information or other reasons
that form the basis of such | ||||||
7 | opinion. However, under no circumstances shall the
individual | ||||||
8 | be placed under the supervision of a designated program for
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9 | treatment before the entry of a judgment of conviction.
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10 | (c) If the court, on the basis of the report or other | ||||||
11 | information, finds
that the individual suffering from | ||||||
12 | alcoholism or other drug addiction is not
likely to be | ||||||
13 | rehabilitated through treatment, or that his addiction or
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14 | alcoholism and the crime committed are not significantly | ||||||
15 | related, or that his
imprisonment or periodic imprisonment is | ||||||
16 | necessary for the protection of the
public, the court shall | ||||||
17 | impose sentence as in other cases. The court may
require such | ||||||
18 | progress reports on the individual from the probation officer | ||||||
19 | and
designated program as the court finds necessary. No | ||||||
20 | individual may be placed
under treatment supervision unless a | ||||||
21 | designated program accepts him for
treatment.
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22 | (d) Failure of an individual placed on probation and under | ||||||
23 | the supervision
of a designated program to observe the | ||||||
24 | requirements set down by the designated
program shall be | ||||||
25 | considered a probation violation. Such failure shall be
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26 | reported by the designated program to the probation officer in |
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1 | charge of the
individual and treated in accordance with | ||||||
2 | probation regulations.
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3 | (e) Upon successful fulfillment of the terms and conditions | ||||||
4 | of probation the
court shall discharge the person from | ||||||
5 | probation. If the person has not
previously been convicted of | ||||||
6 | any felony offense and has not previously been
granted a | ||||||
7 | vacation of judgment under this Section, upon motion, the court | ||||||
8 | shall
vacate the judgment of conviction and dismiss the | ||||||
9 | criminal proceedings against
him unless, having considered the | ||||||
10 | nature and circumstances of the offense and
the history, | ||||||
11 | character and condition of the individual, the court finds that
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12 | the motion should not be granted. Unless good cause is shown, | ||||||
13 | such motion to
vacate must be filed at any time from the date | ||||||
14 | of within 30 days of the entry of the judgment to a date that is | ||||||
15 | not more than 60 days after the discharge of the probation .
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16 | (Source: P.A. 91-663, eff. 12-22-99.)
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