(720 ILCS 570/410)
(from Ch. 56 1/2, par. 1410)
(a) Whenever any person who has not previously been convicted
of any felony offense under this
Act or any law of the United States or of any State relating to cannabis
or controlled substances, pleads guilty to or is found guilty of possession
of a controlled or counterfeit substance under subsection (c) of Section
402 or of unauthorized possession of prescription form under Section 406.2, the court, without entering a judgment and with the consent of such
person, may sentence him or her to probation.
(b) When a person is placed on probation, the court shall enter an order
specifying a period of probation of 24 months and shall defer further
proceedings in the case until the conclusion of the period or until the
filing of a petition alleging violation of a term or condition of probation.
(c) The conditions of probation shall be that the person: (1) not
violate any criminal statute of any jurisdiction; (2) refrain from
possessing a firearm or other dangerous weapon; (3) submit to periodic drug
testing at a time and in a manner as ordered by the court, but no less than 3
times during the period of the probation, with the cost of the testing to be
paid by the probationer; and (4) perform no less than 30 hours of community
service, provided community service is available in the jurisdiction and is
and approved by the county board. The court may give credit toward the fulfillment of community service hours for participation in activities and treatment as determined by court services.
(d) The court may, in addition to other conditions, require that the person:
(1) make a report to and appear in person before or
participate with the court or such courts, person, or social service agency as directed by the court in the order of probation;
(2) pay a fine and costs;
(3) work or pursue a course of study or vocational
(4) undergo medical or psychiatric treatment; or
treatment or rehabilitation approved by the Illinois Department of Human Services;
(5) attend or reside in a facility established for
the instruction or residence of defendants on probation;
(6) support his or her dependents;
(6-5) refrain from having in his or her body the
presence of any illicit drug prohibited by the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act, unless prescribed by a physician, and submit samples of his or her blood or urine or both for tests to determine the presence of any illicit drug;
(7) and in addition, if a minor:
(i) reside with his or her parents or in a foster
(ii) attend school;
(iii) attend a non-residential program for youth;
(iv) contribute to his or her own support at home
(e) Upon violation of a term or condition of probation, the court
may enter a judgment on its original finding of guilt and proceed as
(f) Upon fulfillment of the terms and conditions of probation, the court
shall discharge the person and dismiss the proceedings against him or her.
(g) A disposition of probation is considered to be a conviction
for the purposes of imposing the conditions of probation and for appeal,
however, discharge and dismissal under this Section is not a conviction for
purposes of this Act or for purposes of disqualifications or disabilities
imposed by law upon conviction of a crime.
(h) A person may not have more than one discharge and dismissal under this Section within a 4-year period.
(i) If a person is convicted of an offense under this Act, the Cannabis
Control Act, or the Methamphetamine Control and Community Protection Act within 5 years
subsequent to a discharge and dismissal under this Section, the discharge and
dismissal under this Section shall be admissible in the sentencing proceeding
for that conviction
as evidence in aggravation.
(j) Notwithstanding subsection (a), before a person is sentenced to probation under this Section, the court may refer the person to the drug court established in that judicial circuit pursuant to Section 15 of the Drug Court Treatment Act. The drug court team shall evaluate the person's likelihood of successfully completing a sentence of probation under this Section and shall report the results of its evaluation to the court. If the drug court team finds that the person suffers from a substance abuse problem that makes him or her substantially unlikely to successfully complete a sentence of probation under this Section, then the drug court shall set forth its findings in the form of a written order, and the person shall not be sentenced to probation under this Section, but shall be considered for the drug court program.
(Source: P.A. 99-480, eff. 9-9-15; 100-3, eff. 1-1-18; 100-575, eff. 1-8-18.)