Illinois Compiled Statutes
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EXECUTIVE BRANCH20 ILCS 301/Art. 40
(20 ILCS 301/) Alcoholism and Other Drug Abuse and Dependency Act.
(20 ILCS 301/Art. 40 heading)
FOR CRIMINAL JUSTICE CLIENTS
20 ILCS 301/40-5
(20 ILCS 301/40-5)
Election of treatment.
An addict or alcoholic who is charged
with or convicted of a crime or any other person charged with or convicted of a misdemeanor violation of the Use of Intoxicating Compounds Act and who has not been previously convicted of a violation of that Act may elect treatment under the supervision of a
licensed program designated by the Department, referred to in this Article
as "designated program", unless:
(1) the crime is a crime of violence;
(2) the crime is a violation of Section 401(a),
401(b), 401(c) where the person electing treatment has been previously convicted of a non-probationable felony or the violation is non-probationable, 401(d) where the violation is non-probationable, 401.1, 402(a), 405 or 407 of the Illinois Controlled Substances Act, or Section 12-7.3 of the Criminal Code of 2012, or Section 4(d), 4(e), 4(f), 4(g), 5(d), 5(e), 5(f), 5(g), 5.1, 7 or 9 of the Cannabis Control Act or Section 15, 20, 55, 60(b)(3), 60(b)(4), 60(b)(5), 60(b)(6), or 65 of the Methamphetamine Control and Community Protection Act or is otherwise ineligible for probation under Section 70 of the Methamphetamine Control and Community Protection Act;
(3) the person has a record of 2 or more convictions
(4) other criminal proceedings alleging commission of
a felony are pending against the person;
(5) the person is on probation or parole and the
appropriate parole or probation authority does not consent to that election;
(6) the person elected and was admitted to a
designated program on 2 prior occasions within any consecutive 2-year period;
(7) the person has been convicted of residential
burglary and has a record of one or more felony convictions;
(8) the crime is a violation of Section 11-501 of the
Illinois Vehicle Code or a similar provision of a local ordinance; or
(9) the crime is a reckless homicide or a reckless
homicide of an unborn child, as defined in Section 9-3 or 9-3.2 of the Criminal Code of 1961 or the Criminal Code of 2012, in which the cause of death consists of the driving of a motor vehicle by a person under the influence of alcohol or any other drug or drugs at the time of the violation.
Nothing in this Section shall preclude an individual who is charged with or convicted of a crime that is a violation of Section 60(b)(1) or 60(b)(2) of the Methamphetamine Control and Community Protection Act, and who is otherwise eligible to make the election provided for under this Section, from being eligible to make an election for treatment as a condition of probation as provided for under this Article.
(Source: P.A. 98-896, eff. 1-1-15; 98-1124, eff. 8-26-14; 99-78, eff. 7-20-15.)
20 ILCS 301/40-10
(20 ILCS 301/40-10)
Treatment as a condition of probation.
(a) If a court has reason to believe that an individual who is charged with
or convicted of a crime suffers from alcoholism or other drug addiction and the
court finds that he is eligible to make the election provided for under Section
40-5, the court shall advise the individual that he or she
may be sentenced to probation and
shall be subject to terms and conditions of probation under
Section 5-6-3 of the Unified Code of Corrections
if he or she elects to submit to treatment and is accepted for
treatment by a designated program. The court shall further advise the
(1) if he or she elects to submit to treatment and is
accepted he or she shall be sentenced to probation and placed under the supervision of the designated program for a period not to exceed the maximum sentence that could be imposed for his conviction or 5 years, whichever is less.
(2) during probation he or she may be treated at the
discretion of the designated program.
(3) if he or she adheres to the requirements of the
designated program and fulfills the other conditions of probation ordered by the court, he or she will be discharged, but any failure to adhere to the requirements of the designated program is a breach of probation.
The court may certify an individual for treatment while on
probation under the supervision of a designated program and probation
authorities regardless of the election of the individual.
(b) If the individual elects to undergo treatment or is certified for
treatment, the court shall order an examination by a designated program to
determine whether he suffers from alcoholism or other drug addiction and is
likely to be rehabilitated through treatment. The designated program shall
report to the court the results of the examination and recommend whether the
individual should be placed for treatment. If the court, on the basis of the
report and other information, finds that such an individual suffers from
alcoholism or other drug addiction and is likely to be rehabilitated through
treatment, the individual shall be placed on probation and under the
supervision of a designated program for treatment and under the supervision of
the proper probation authorities for probation supervision unless, giving
consideration to the nature and circumstances of the offense and to the
history, character and condition of the individual, the court is of the opinion
that no significant relationship exists between the addiction or alcoholism of
the individual and the crime committed, or that his imprisonment or periodic
imprisonment is necessary for the protection of the public, and the court
specifies on the record the particular evidence, information or other reasons
that form the basis of such opinion. However, under no circumstances shall the
individual be placed under the supervision of a designated program for
treatment before the entry of a judgment of conviction.
(c) If the court, on the basis of the report or other information, finds
that the individual suffering from alcoholism or other drug addiction is not
likely to be rehabilitated through treatment, or that his addiction or
alcoholism and the crime committed are not significantly related, or that his
imprisonment or periodic imprisonment is necessary for the protection of the
public, the court shall impose sentence as in other cases. The court may
require such progress reports on the individual from the probation officer and
designated program as the court finds necessary. No individual may be placed
under treatment supervision unless a designated program accepts him for
(d) Failure of an individual placed on probation and under the supervision
of a designated program to observe the requirements set down by the designated
program shall be considered a probation violation. Such failure shall be
reported by the designated program to the probation officer in charge of the
individual and treated in accordance with probation regulations.
(e) Upon successful fulfillment of the terms and conditions of probation the
court shall discharge the person from probation. If the person has not
previously been convicted of any felony offense and has not previously been
granted a vacation of judgment under this Section, upon motion, the court shall
vacate the judgment of conviction and dismiss the criminal proceedings against
him unless, having considered the nature and circumstances of the offense and
the history, character and condition of the individual, the court finds that
the motion should not be granted. Unless good cause is shown, such motion to
vacate must be filed at any time from the date of the entry of the judgment to a date that is not more than 60 days after the discharge of the probation.
(Source: P.A. 99-574, eff. 1-1-17
20 ILCS 301/40-15
(20 ILCS 301/40-15)
Acceptance for treatment as a parole or aftercare release condition.
for treatment for drug addiction or alcoholism under the supervision of a
designated program may be made a condition of parole or aftercare release, and failure to comply
with such treatment may be treated as a violation of parole or aftercare release. A designated
program shall establish the conditions under which a parolee or releasee is accepted
for treatment. No parolee or releasee may be placed under the supervision of a designated
program for treatment unless the designated program accepts him or her for treatment.
The designated program shall make periodic progress reports regarding each such
parolee or releasee to the appropriate parole authority and shall report failures to comply
with the prescribed treatment program.
(Source: P.A. 98-558, eff. 1-1-14.)
20 ILCS 301/40-20
(20 ILCS 301/40-20)
(Source: P.A. 88-80. Repealed by 89-202, eff. 7-21-95.)