98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB2878

 

Introduced , by Rep. La Shawn K. Ford

 

SYNOPSIS AS INTRODUCED:
 
730 ILCS 5/5-6-3.3

    Amends the Unified Code of Corrections. Provides that during arraignment, the court shall notify the defendant if he or she qualifies for the Offender Initiative Program.


LRB098 07197 RLC 37258 b

 

 

A BILL FOR

 

HB2878LRB098 07197 RLC 37258 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Unified Code of Corrections is amended by
5changing Section 5-6-3.3 as follows:
 
6    (730 ILCS 5/5-6-3.3)
7    Sec. 5-6-3.3. Offender Initiative Program.
8    (a) Statement of purpose. The General Assembly seeks to
9continue other successful programs that promote public safety,
10conserve valuable resources, and reduce recidivism by
11defendants who can lead productive lives by creating the
12Offender Initiative Program.
13    (a-1) Whenever any person who has not previously been
14convicted of, or placed on probation or conditional discharge
15for, any felony offense under the laws of this State, the laws
16of any other state, or the laws of the United States, is
17arrested for and charged with a probationable felony offense of
18theft, retail theft, forgery, possession of a stolen motor
19vehicle, burglary, possession of burglary tools, possession of
20cannabis, possession of a controlled substance, or possession
21of methamphetamine, the court, with the consent of the
22defendant and the State's Attorney, may continue this matter to
23allow a defendant to participate and complete the Offender

 

 

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1Initiative Program. During arraignment, the court shall notify
2the defendant if he or she qualifies for the Offender
3Initiative Program created under this Section.
4    (a-2) Exemptions. A defendant shall not be eligible for
5this Program if the offense he or she has been arrested for and
6charged with is a violent offense. For purposes of this
7Program, a "violent offense" is any offense where bodily harm
8was inflicted or where force was used against any person or
9threatened against any person, any offense involving sexual
10conduct, sexual penetration, or sexual exploitation, any
11offense of domestic violence, domestic battery, violation of an
12order of protection, stalking, hate crime, driving under the
13influence of drugs or alcohol, and any offense involving the
14possession of a firearm or dangerous weapon. A defendant shall
15not be eligible for this Program if he or she has previously
16been adjudicated a delinquent minor for the commission of a
17violent offense as defined in this subsection.
18    (b) When a defendant is placed in the Program, after both
19the defendant and State's Attorney waive preliminary hearing
20pursuant to Section 109-3 of the Code of Criminal Procedure of
211963, the court shall enter an order specifying that the
22proceedings shall be suspended while the defendant is
23participating in a Program of not less 12 months.
24    (c) The conditions of the Program shall be that the
25defendant:
26        (1) not violate any criminal statute of this State or

 

 

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1    any other jurisdiction;
2        (2) refrain from possessing a firearm or other
3    dangerous weapon;
4        (3) make full restitution to the victim or property
5    owner pursuant to Section 5-5-6 of this Code;
6        (4) obtain employment or perform not less than 30 hours
7    of community service, provided community service is
8    available in the county and is funded and approved by the
9    county board; and
10        (5) attend educational courses designed to prepare the
11    defendant for obtaining a high school diploma or to work
12    toward passing the high school level test of General
13    Educational Development (G.E.D.) or to work toward
14    completing a vocational training program.
15    (d) The court may, in addition to other conditions, require
16that the defendant:
17        (1) undergo medical or psychiatric treatment, or
18    treatment or rehabilitation approved by the Illinois
19    Department of Human Services;
20        (2) refrain from having in his or her body the presence
21    of any illicit drug prohibited by the Methamphetamine
22    Control and Community Protection Act, the Cannabis Control
23    Act or the Illinois Controlled Substances Act, unless
24    prescribed by a physician, and submit samples of his or her
25    blood or urine or both for tests to determine the presence
26    of any illicit drug;

 

 

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1        (3) submit to periodic drug testing at a time, manner,
2    and frequency as ordered by the court;
3        (4) pay fines, fees and costs; and
4        (5) in addition, if a minor:
5            (i) reside with his or her parents or in a foster
6        home;
7            (ii) attend school;
8            (iii) attend a non-residential program for youth;
9        or
10            (iv) contribute to his or her own support at home
11        or in a foster home.
12    (e) When the State's Attorney makes a factually specific
13offer of proof that the defendant has failed to successfully
14complete the Program or has violated any of the conditions of
15the Program, the court shall enter an order that the defendant
16has not successfully completed the Program and continue the
17case for arraignment pursuant to Section 113-1 of the Code of
18Criminal Procedure of 1963 for further proceedings as if the
19defendant had not participated in the Program.
20    (f) Upon fulfillment of the terms and conditions of the
21Program, the State's Attorney shall dismiss the case or the
22court shall discharge the person and dismiss the proceedings
23against the person.
24    (g) There may be only one discharge and dismissal under
25this Section with respect to any person.
26(Source: P.A. 97-1118, eff. 1-1-13.)