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Public Act 099-0574


 

Public Act 0574 99TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 099-0574
 
SB2601 EnrolledLRB099 19784 KTG 44182 b

    AN ACT concerning State government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Alcoholism and Other Drug Abuse and
Dependency Act is amended by changing Section 40-10 as follows:
 
    (20 ILCS 301/40-10)
    Sec. 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 individual that:
        (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 treatment.
    (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 within 30 days 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. 91-663, eff. 12-22-99.)

Effective Date: 1/1/2017