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(730 ILCS 166/35)
Violation; termination; discharge.
(a) If the court finds from the evidence presented including but not limited
to the reports or
proffers of proof from the drug court professionals that:
(1) the defendant is not performing satisfactorily in
(2) the defendant is not benefitting from education,
treatment, or rehabilitation;
(3) the defendant has engaged in criminal conduct
rendering him or her unsuitable for the program; or
(4) the defendant has otherwise violated the terms
and conditions of the program or his or her sentence or is for any reason unable to participate;
the court may impose reasonable sanctions
under prior written agreement of the defendant, including but not limited to
imprisonment or dismissal of the defendant from the program and the court may
criminal proceedings against him or her or proceed under Section 5-6-4 of the
Unified Code of Corrections for a violation of probation,
or supervision hearing.
(a-5) A defendant who is assigned to a substance abuse treatment program under this Act for opioid abuse or dependence is not in violation of the terms or conditions of the program on the basis of his or her participation in medication assisted treatment under the care of a physician licensed in this State to practice medicine in all of its branches.
(b) Upon successful completion of the terms and conditions of the program,
court may dismiss the original charges against the defendant or successfully
terminate the defendant's sentence or otherwise discharge him or her from any
further proceedings against him or her in the original prosecution.
(Source: P.A. 99-554, eff. 1-1-17