Full Text of SB2601 99th General Assembly
SB2601enr 99TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning State government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Alcoholism and Other Drug Abuse and | 5 | | Dependency Act is amended by changing Section 40-10 as follows:
| 6 | | (20 ILCS 301/40-10)
| 7 | | Sec. 40-10. Treatment as a condition of probation.
| 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:
| 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.
| 23 | | (2) during probation he or she may be treated at the |
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| 1 | | discretion of the
designated
program.
| 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
| 5 | | discharged, but any failure to adhere to the requirements | 6 | | of the designated
program is a breach of probation.
| 7 | | The court may certify an individual for treatment while on
| 8 | | probation under the supervision of a designated program and | 9 | | probation
authorities regardless of the election of the | 10 | | individual.
| 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
| 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
| 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
| 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
| 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
| 9 | | treatment before the entry of a judgment of conviction.
| 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
| 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.
| 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
| 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.
| 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
| 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 .
| 16 | | (Source: P.A. 91-663, eff. 12-22-99.)
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