(730 ILCS 166/20)
(a) A defendant may be admitted into a drug court program only upon the
agreement of the defendant and with the approval of the
(b) A defendant shall be excluded from a drug court program if any of one of
the following apply:
(1) The crime is a crime of violence as set forth in
clause (4) of this subsection (b).
(2) The defendant denies his or her use of or
(3) The defendant does not demonstrate a willingness
to participate in a treatment program.
(4) The defendant has been convicted of a crime of
violence within the past 10 years excluding incarceration time. As used in this Section, "crime of violence" means: first degree murder, second degree murder, predatory criminal sexual assault of a child, aggravated criminal sexual assault, criminal sexual assault, armed robbery, aggravated arson, arson, aggravated kidnaping, kidnaping, aggravated battery resulting in great bodily harm or permanent disability, stalking, aggravated stalking, or any offense involving the discharge of a firearm.
(c) Notwithstanding subsection (a), the defendant may be admitted into a drug court program only upon the agreement of the prosecutor if:
(1) the defendant is charged with a Class 2 or
greater felony violation of:
(A) Section 401, 401.1, 405, or 405.2 of the
Illinois Controlled Substances Act;
(B) Section 5, 5.1, or 5.2 of the Cannabis
(C) Section 15, 20, 25, 30, 35, 40, 45, 50, 55,
56, or 65 of the Methamphetamine Control and Community Protection Act; or
(2) the defendant has previously, on 3 or more
occasions, either completed a drug court program, been discharged from a drug court program, or been terminated from a drug court program.
(Source: P.A. 99-480, eff. 9-9-15.)