Rep. Robyn Gabel

Filed: 3/24/2017





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2    AMENDMENT NO. ______. Amend House Bill 3699 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Alcoholism and Other Drug Abuse and
5Dependency Act is amended by changing Sections 40-5, 40-10, and
640-15 as follows:
7    (20 ILCS 301/40-5)
8    Sec. 40-5. Election of treatment. An individual with a
9mental illness, as defined by Section 1-129 of the Mental
10Health and Developmental Disabilities Code, or an An addict or
11alcoholic who is charged with or convicted of a crime or any
12other person charged with or convicted of a misdemeanor
13violation of the Use of Intoxicating Compounds Act and who has
14not been previously convicted of a violation of that Act may
15elect treatment under the supervision of a licensed program
16designated by the Department, referred to in this Article as



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1"designated program", unless:
2        (1) the crime is a crime of violence;
3        (2) the crime is a violation of Section 401(a), 401(b),
4    401(c) where the person electing treatment has been
5    previously convicted of a non-probationable felony or the
6    violation is non-probationable, 401(d) where the violation
7    is non-probationable, 401.1, 402(a), 405 or 407 of the
8    Illinois Controlled Substances Act, or Section 12-7.3 of
9    the Criminal Code of 2012, or Section 4(d), 4(e), 4(f),
10    4(g), 5(d), 5(e), 5(f), 5(g), 5.1, 7 or 9 of the Cannabis
11    Control Act or Section 15, 20, 55, 60(b)(3), 60(b)(4),
12    60(b)(5), 60(b)(6), or 65 of the Methamphetamine Control
13    and Community Protection Act or is otherwise ineligible for
14    probation under Section 70 of the Methamphetamine Control
15    and Community Protection Act;
16        (3) the person has a record of 2 or more convictions of
17    a crime of violence;
18        (4) other criminal proceedings alleging commission of
19    a felony are pending against the person;
20        (5) the person is on probation or parole and the
21    appropriate parole or probation authority does not consent
22    to that election;
23        (6) the person elected and was admitted to a designated
24    program on 2 prior occasions within any consecutive 2-year
25    period;
26        (7) the person has been convicted of residential



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1    burglary and has a record of one or more felony
2    convictions;
3        (8) the crime is a violation of Section 11-501 of the
4    Illinois Vehicle Code or a similar provision of a local
5    ordinance; or
6        (9) the crime is a reckless homicide or a reckless
7    homicide of an unborn child, as defined in Section 9-3 or
8    9-3.2 of the Criminal Code of 1961 or the Criminal Code of
9    2012, in which the cause of death consists of the driving
10    of a motor vehicle by a person under the influence of
11    alcohol or any other drug or drugs at the time of the
12    violation.
13    Nothing in this Section shall preclude an individual who is
14charged with or convicted of a crime that is a violation of
15Section 60(b)(1) or 60(b)(2) of the Methamphetamine Control and
16Community Protection Act, and who is otherwise eligible to make
17the election provided for under this Section, from being
18eligible to make an election for treatment as a condition of
19probation as provided for under this Article.
20(Source: P.A. 98-896, eff. 1-1-15; 98-1124, eff. 8-26-14;
2199-78, eff. 7-20-15.)
22    (20 ILCS 301/40-10)
23    Sec. 40-10. Treatment as a condition of probation.
24    (a) If a court has reason to believe that an individual who
25is charged with or convicted of a crime suffers from mental



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1illness, alcoholism, or other drug addiction and the court
2finds that he is eligible to make the election provided for
3under Section 40-5, the court shall advise the individual that
4he or she may be sentenced to probation and shall be subject to
5terms and conditions of probation under Section 5-6-3 of the
6Unified Code of Corrections if he or she elects to submit to
7treatment and is accepted for treatment by a designated
8program. The court shall further advise the individual that:
9        (1) if he or she elects to submit to treatment and is
10    accepted he or she shall be sentenced to probation and
11    placed under the supervision of the designated program for
12    a period not to exceed the maximum sentence that could be
13    imposed for his conviction or 5 years, whichever is less.
14        (2) during probation he or she may be treated at the
15    discretion of the designated program.
16        (3) if he or she adheres to the requirements of the
17    designated program and fulfills the other conditions of
18    probation ordered by the court, he or she will be
19    discharged, but any failure to adhere to the requirements
20    of the designated program is a breach of probation.
21    The court may certify an individual for treatment while on
22probation under the supervision of a designated program and
23probation authorities regardless of the election of the
25    (b) If the individual elects to undergo treatment or is
26certified for treatment, the court shall order an examination



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1by a designated program to determine whether he suffers from
2mental illness, alcoholism, or other drug addiction and is
3likely to be rehabilitated through treatment. The designated
4program shall report to the court the results of the
5examination and recommend whether the individual should be
6placed for treatment. If the court, on the basis of the report
7and other information, finds that such an individual suffers
8from mental illness, alcoholism, or other drug addiction and is
9likely to be rehabilitated through treatment, the individual
10shall be placed on probation and under the supervision of a
11designated program for treatment and under the supervision of
12the proper probation authorities for probation supervision
13unless, giving consideration to the nature and circumstances of
14the offense and to the history, character and condition of the
15individual, the court is of the opinion that no significant
16relationship exists between the mental illness, addiction, or
17alcoholism of the individual and the crime committed, or that
18his imprisonment or periodic imprisonment is necessary for the
19protection of the public, and the court specifies on the record
20the particular evidence, information or other reasons that form
21the basis of such opinion. However, under no circumstances
22shall the individual be placed under the supervision of a
23designated program for treatment before the entry of a judgment
24of conviction.
25    (c) If the court, on the basis of the report or other
26information, finds that the individual suffering from mental



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1illness, alcoholism, or other drug addiction is not likely to
2be rehabilitated through treatment, or that his mental illness,
3addiction, or alcoholism and the crime committed are not
4significantly related, or that his imprisonment or periodic
5imprisonment is necessary for the protection of the public, the
6court shall impose sentence as in other cases. The court may
7require such progress reports on the individual from the
8probation officer and designated program as the court finds
9necessary. No individual may be placed under treatment
10supervision unless a designated program accepts him for
12    (d) Failure of an individual placed on probation and under
13the supervision of a designated program to observe the
14requirements set down by the designated program shall be
15considered a probation violation. Such failure shall be
16reported by the designated program to the probation officer in
17charge of the individual and treated in accordance with
18probation regulations.
19    (e) Upon successful fulfillment of the terms and conditions
20of probation the court shall discharge the person from
21probation. If the person has not previously been convicted of
22any felony offense and has not previously been granted a
23vacation of judgment under this Section, upon motion, the court
24shall vacate the judgment of conviction and dismiss the
25criminal proceedings against him unless, having considered the
26nature and circumstances of the offense and the history,



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1character and condition of the individual, the court finds that
2the motion should not be granted. Unless good cause is shown,
3such motion to vacate must be filed at any time from the date
4of the entry of the judgment to a date that is not more than 60
5days after the discharge of the probation.
6(Source: P.A. 99-574, eff. 1-1-17.)
7    (20 ILCS 301/40-15)
8    Sec. 40-15. Acceptance for treatment as a parole or
9aftercare release condition. Acceptance for treatment for
10mental illness, drug addiction, or alcoholism under the
11supervision of a designated program may be made a condition of
12parole or aftercare release, and failure to comply with such
13treatment may be treated as a violation of parole or aftercare
14release. A designated program shall establish the conditions
15under which a parolee or releasee is accepted for treatment. No
16parolee or releasee may be placed under the supervision of a
17designated program for treatment unless the designated program
18accepts him or her for treatment. The designated program shall
19make periodic progress reports regarding each such parolee or
20releasee to the appropriate parole authority and shall report
21failures to comply with the prescribed treatment program.
22(Source: P.A. 98-558, eff. 1-1-14.)".