State of Illinois
91st General Assembly
Legislation

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91_HB1762eng

 
HB1762 Engrossed                               LRB9104930OBcd

 1        AN ACT concerning treatment of addicts and alcoholics.

 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  40-5  as
 6    follows:

 7        (20 ILCS 301/40-5)
 8        Sec.  40-5.   Election  of treatment; designated program.
 9    An addict or alcoholic who is charged with or convicted of  a
10    crime may elect treatment under the supervision of a licensed
11    program  designated  by  the  Department, referred to in this
12    Article as "designated program", unless:
13             (1)  the crime is a crime of violence;
14             (2)  the crime is a  violation  of  Section  401(a),
15        401(b),  401(c)  where  the person electing treatment has
16        been previously convicted of a  non-probationable  felony
17        or  the  violation is non-probationable, 401(d) where the
18        violation is non-probationable, 401.1,  402(a),  405,  or
19        407 of the Illinois Controlled Substances Act, or Section
20        4(d),  4(e),  4(f), 4(g), 5(d), 5(e), 5(f), 5(g), 5.1, 7,
21        or 9 of the Cannabis Control Act;
22             (3)  the  person  has  a  record  of   2   or   more
23        convictions of a crime of violence;
24             (4)  other  criminal proceedings alleging commission
25        of a felony are pending against the person;
26             (5)  the person is on probation or  parole  and  the
27        appropriate   parole  or  probation  authority  does  not
28        consent to that election;
29             (6)  the  person  elected  and  was  admitted  to  a
30        designated  program  on  2  prior  occasions  within  any
31        consecutive 2-year period;
 
HB1762 Engrossed            -2-                LRB9104930OBcd
 1             (7)  the person has been  convicted  of  residential
 2        burglary   and  has  a  record  of  one  or  more  felony
 3        convictions;
 4             (8)  the crime is a violation of Section  11-501  of
 5        the  Illinois  Vehicle  Code  or a similar provision of a
 6        local ordinance; or
 7             (9)  the crime is a reckless homicide or a  reckless
 8        homicide of an unborn child, as defined in Section 9-3 or
 9        9-3.2 of the Criminal Code of 1961, in which the cause of
10        death  consists  of  the  driving of a motor vehicle by a
11        person under the influence of alcohol or any  other  drug
12        or drugs at the time of the violation.
13        An  addict  or alcoholic in a designated program shall be
14    monitored by the probation  department  and  subject  to  any
15    available  terms  and  conditions  of probation under Section
16    5-6-3 of the Unified Code of Corrections as though the addict
17    or alcoholic had been sentenced to probation.
18    (Source: P.A. 90-397, eff. 8-15-97.)

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