Full Text of HB5594 99th General Assembly
HB5594 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 HB5594 Introduced , by Rep. Lou Lang SYNOPSIS AS INTRODUCED: |
| 730 ILCS 166/25 | | 730 ILCS 166/35 | |
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Amends the Drug Court Treatment Act. Provides that if the defendant needs treatment for opioid abuse or dependence, the court shall require that the defendant participate in and receive medically prescribed drug treatments under the care of a physician licensed in this State to practice medicine in all of its branches. Provides that a defendant who is assigned to a substance abuse treatment program under the 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 medically prescribed drug treatments under the care of a physician licensed in this State to practice medicine in all of its branches.
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| | A BILL FOR |
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| | | HB5594 | | LRB099 16470 RLC 40804 b |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Drug Court Treatment Act is amended by | 5 | | changing Sections 25 and 35 as follows:
| 6 | | (730 ILCS 166/25)
| 7 | | Sec. 25. Procedure.
| 8 | | (a) The court shall order an eligibility screening and an | 9 | | assessment of the
defendant by an agent designated by the State | 10 | | of Illinois to provide assessment
services for the Illinois | 11 | | Courts. An assessment need not be ordered if the
court finds a | 12 | | valid assessment related to the present charge pending against
| 13 | | the defendant has been completed within the previous 60 days.
| 14 | | (b) The judge shall inform the defendant that if the | 15 | | defendant fails to
meet the conditions of the drug court | 16 | | program, eligibility to participate in
the
program may be | 17 | | revoked and the defendant may be sentenced or the prosecution
| 18 | | continued as provided in
the
Unified Code of Corrections for | 19 | | the crime charged.
| 20 | | (c) The defendant shall execute a written agreement as to | 21 | | his or her
participation in the program and shall agree to all | 22 | | of the terms and conditions
of the program, including but not | 23 | | limited to the possibility of sanctions or
incarceration for |
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| 1 | | failing to abide or comply with the terms of the program.
| 2 | | (d) In addition to any conditions authorized under the | 3 | | Pretrial Services
Act and Section 5-6-3 of the Unified Code of | 4 | | Corrections, the court may order
the defendant to complete | 5 | | substance abuse treatment in an outpatient,
inpatient,
| 6 | | residential, or jail-based custodial treatment program. Any | 7 | | period of time a
defendant shall serve in a jail-based | 8 | | treatment program may not be reduced by
the accumulation of | 9 | | good time or other credits and may be for a period of up to
120 | 10 | | days.
| 11 | | (e) The drug court program shall include a regimen of | 12 | | graduated
requirements and rewards and sanctions, including | 13 | | but not limited to: fines,
fees, costs, restitution, | 14 | | incarceration of up to 180 days, individual and group
therapy, | 15 | | drug
analysis testing, close monitoring by the court at a | 16 | | minimum of once every 30
days
and supervision of progress, | 17 | | educational or vocational counseling as
appropriate, and other
| 18 | | requirements necessary to fulfill the drug court program. If | 19 | | the defendant needs treatment for opioid abuse or dependence, | 20 | | the court shall require that the defendant participate in and | 21 | | receive medically prescribed drug treatments under the care of | 22 | | a physician licensed in this State to practice medicine in all | 23 | | of its branches.
| 24 | | (Source: P.A. 92-58, eff. 1-1-02.)
| 25 | | (730 ILCS 166/35)
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| 1 | | Sec. 35. Violation; termination; discharge.
| 2 | | (a) If the court finds from the evidence presented | 3 | | including but not limited
to the reports or
proffers of proof | 4 | | from the drug court professionals that:
| 5 | | (1) the defendant is not performing
satisfactorily
in | 6 | | the assigned program;
| 7 | | (2) the defendant is not benefitting from education,
| 8 | | treatment, or rehabilitation;
| 9 | | (3) the defendant has engaged in criminal
conduct
| 10 | | rendering him or her unsuitable for the program; or
| 11 | | (4) the defendant has
otherwise
violated the terms and | 12 | | conditions of the program or his or her sentence or is
for | 13 | | any reason unable to participate;
| 14 | | the court may impose reasonable sanctions
under prior written | 15 | | agreement of the defendant, including but not limited to
| 16 | | imprisonment or dismissal of the defendant from the program and | 17 | | the court may
reinstate
criminal proceedings against him or her | 18 | | or proceed under Section 5-6-4 of the
Unified Code of | 19 | | Corrections for a violation of probation,
conditional | 20 | | discharge,
or supervision hearing. | 21 | | (a-5) A defendant who is assigned to a substance abuse | 22 | | treatment program under this Act for opioid abuse or dependence | 23 | | is not in violation of the terms or conditions of the program | 24 | | on the basis of his or her participation in medically | 25 | | prescribed drug treatments under the care of a physician | 26 | | licensed in this State to practice medicine in all of its |
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| 1 | | branches.
| 2 | | (b) Upon successful completion of the terms and conditions | 3 | | of the program,
the
court may dismiss the original charges | 4 | | against the defendant or successfully
terminate the | 5 | | defendant's sentence or otherwise discharge him or her from any
| 6 | | further proceedings against him or her in the original | 7 | | prosecution.
| 8 | | (Source: P.A. 92-58, eff. 1-1-02.)
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