SB0727 99TH GENERAL ASSEMBLY

LRB099 02708 RLC 22715 b

99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB0727

Introduced 2/3/2015, by Sen. Steve Stadelman

SYNOPSIS AS INTRODUCED:

730 ILCS 166/20

Amends the Drug Court Treatment Act. Eliminates the provision that excludes a defendant from a drug court program if the defendant has previously completed or has been discharged from a drug court program.

A BILL FOR

AN ACT concerning criminal law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Drug Court Treatment Act is amended by changing Section 20 as follows:

(730 ILCS 166/20)

Sec. 20. Eligibility.

(a) A defendant may be admitted into a drug court program only upon the agreement of the prosecutor and the defendant and with the approval of the court.

(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 addiction to drugs.

(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, including but not limited to: 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.

(5) (Blank). The defendant has previously completed or has been discharged from a drug court program.

(Source: P.A. 92-58, eff. 1-1-02.)