Full Text of SB3349 97th General Assembly
SB3349ham002 97TH GENERAL ASSEMBLY | Rep. Kimberly du Buclet Filed: 5/9/2012
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| 1 | | AMENDMENT TO SENATE BILL 3349
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3349, AS AMENDED, | 3 | | by replacing all of Sec. 5-6-3.3 with the following:
| 4 | | "(730 ILCS 5/5-6-3.3 new) | 5 | | Sec. 5-6-3.3. Offender Initiative Program. | 6 | | (a) Statement of purpose. The General Assembly seeks to
| 7 | | continue other successful programs that promote public safety,
| 8 | | conserve valuable resources, and reduce recidivism by
| 9 | | defendants who can lead productive lives by creating the
| 10 | | Offender Initiative Program. | 11 | | (a-1) Whenever any person who has not previously been
| 12 | | convicted of, or placed on probation or conditional discharge
| 13 | | for, any felony offense under the laws of this State, the laws
| 14 | | of any other state, or the laws of the United States, is
| 15 | | arrested for and charged with a probationable felony offense of | 16 | | theft, retail theft, forgery, possession of a stolen motor
| 17 | | vehicle, burglary, possession of burglary tools, possession of
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| 1 | | cannabis, possession of a controlled substance, or possession
| 2 | | of methamphetamine, the court, with the consent of the
| 3 | | defendant and the State's Attorney, may continue this matter to
| 4 | | allow a defendant to participate and complete the Offender
| 5 | | Initiative Program. | 6 | | (a-2) Exemptions. A defendant shall not be eligible for | 7 | | this Program if the offense he or she has been arrested for and | 8 | | charged with, is a violent offense. For purposes of this
| 9 | | Program, a "violent offense" is any offense where bodily harm
| 10 | | was inflicted or where force was used against any person or
| 11 | | threatened against any person, any offense involving sexual
| 12 | | conduct, sexual penetration, or sexual exploitation, any
| 13 | | offense of domestic violence, domestic battery, violation of an
| 14 | | order of protection, stalking, hate crime, driving under the
| 15 | | influence of drugs or alcohol, and any offense involving the
| 16 | | possession of a firearm or dangerous weapon. A defendant shall
| 17 | | not be eligible for this Program if he or she has previously
| 18 | | been adjudicated a delinquent minor for the commission of a
| 19 | | violent offense as defined in this subsection. | 20 | | (b) When a defendant is placed in the Program, after both | 21 | | the defendant and State's Attorney waive preliminary hearing | 22 | | pursuant to Section 109-3 of the Code of Criminal Procedure of | 23 | | 1963, the court
shall enter an order specifying that
the | 24 | | proceedings shall be suspended while the defendant is | 25 | | participating in a Program of not less 12 months. | 26 | | (c) The conditions of the Program shall be that the
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| 1 | | defendant: | 2 | | (1) not violate any criminal statute of this State or
| 3 | | any other jurisdiction; | 4 | | (2) refrain from possessing a firearm or other
| 5 | | dangerous weapon; | 6 | | (3) make full restitution to the victim or property
| 7 | | owner pursuant to Section 5-5-6 of this Code; | 8 | | (4) obtain employment or perform not less than 30 hours
| 9 | | of community service, provided community service is
| 10 | | available in the county and is funded and approved by the
| 11 | | county board; and | 12 | | (5) attend educational courses designed to prepare the
| 13 | | defendant for obtaining a high school diploma or to work
| 14 | | toward passing the high school level test of General
| 15 | | Educational Development (G.E.D.) or to work toward
| 16 | | completing a vocational training program. | 17 | | (d) The court may, in addition to other conditions, require
| 18 | | that the defendant: | 19 | | (1) undergo medical or psychiatric treatment, or
| 20 | | treatment or rehabilitation approved by the Illinois
| 21 | | Department of Human Services; | 22 | | (2) refrain from having in his or her body the presence
| 23 | | of any illicit drug prohibited by the Methamphetamine
| 24 | | Control and Community Protection Act, the Cannabis Control
| 25 | | Act or the Illinois Controlled Substances Act, unless
| 26 | | prescribed by a physician, and submit samples of his or her
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| 1 | | blood or urine or both for tests to determine the presence
| 2 | | of any illicit drug; | 3 | | (3) submit to periodic drug testing at a time, manner, | 4 | | and frequency as ordered by the court; | 5 | | (4) pay fines, fees and costs; and | 6 | | (5) in addition, if a minor: | 7 | | (i) reside with his or her parents or in a foster
| 8 | | home; | 9 | | (ii) attend school; | 10 | | (iii) attend a non-residential program for youth;
| 11 | | or | 12 | | (iv) contribute to his or her own support at home
| 13 | | or in a foster home. | 14 | | (e) When the State's Attorney makes a factually specific | 15 | | offer of proof that the defendant has failed to successfully | 16 | | complete the Program or has violated any of the conditions of | 17 | | the Program, the Court shall enter an order that the defendant | 18 | | has not successfully completed the Program and continue the | 19 | | case for arraignment pursuant to Section 113-1 of the Code of | 20 | | Criminal Procedure of 1963 for further proceedings as if the | 21 | | defendant had not participated in the Program. | 22 | | (f) Upon fulfillment of the terms and conditions of the
| 23 | | Program, the State's Attorney shall dismiss the case or the | 24 | | court shall discharge the person and dismiss the
proceedings | 25 | | against the person. | 26 | | (g) There may be only one discharge and dismissal under
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| 1 | | this Section with respect to any person. ".
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