Full Text of SB2373 102nd General Assembly
SB2373sam001 102ND GENERAL ASSEMBLY | Sen. John Connor Filed: 4/16/2021
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| 1 | | AMENDMENT TO SENATE BILL 2373
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2373 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Drug Court Treatment Act is amended by | 5 | | changing Sections 10, 20 and 35 as follows:
| 6 | | (730 ILCS 166/10)
| 7 | | Sec. 10. Definitions. As used in this Act:
| 8 | | "Drug court", "drug court program", or "program" means an | 9 | | immediate and
highly
structured judicial intervention process | 10 | | for substance abuse treatment of
eligible defendants that | 11 | | brings together substance abuse professionals, local
social | 12 | | programs, and intensive judicial monitoring in accordance with | 13 | | the
nationally recommended 10 key components of drug courts | 14 | | and according to the rules promulgated by the Illinois Supreme | 15 | | Court . "Drug court" also means any court that primarily | 16 | | accepts defendants charged with driving while impaired with |
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| 1 | | either alcohol or drugs.
| 2 | | "Drug court professional" means a member of the drug court | 3 | | team, including but not limited to
a judge, prosecutor, | 4 | | defense attorney,
probation officer, coordinator, treatment | 5 | | provider, or peer recovery coach.
| 6 | | "Pre-adjudicatory drug court program" means a program that | 7 | | allows
the defendant,
with the consent of the prosecution, to | 8 | | expedite the defendant's criminal case
before conviction or | 9 | | before filing of a criminal case and requires successful
| 10 | | completion of the drug court program as part of the agreement.
| 11 | | "Post-adjudicatory drug court program" means a program in | 12 | | which the
defendant has admitted
guilt
or has been found | 13 | | guilty and agrees, along with the prosecution, to enter a
drug
| 14 | | court program as part of the defendant's sentence.
| 15 | | "Combination drug court program" means a drug court | 16 | | program that includes a
pre-adjudicatory drug court program | 17 | | and a post-adjudicatory drug court program.
| 18 | | (Source: P.A. 97-946, eff. 8-13-12.)
| 19 | | (730 ILCS 166/20)
| 20 | | Sec. 20. Eligibility.
| 21 | | (a) A defendant may be admitted into a drug court program | 22 | | only upon the
agreement of the defendant and with the approval | 23 | | of the
court.
| 24 | | (b) A defendant shall be excluded from a drug court | 25 | | program if any of one of
the following apply:
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| 1 | | (1) The crime is a crime of violence as set forth in | 2 | | clause (4) of this
subsection (b).
| 3 | | (2) The defendant denies his or her use of or | 4 | | addiction to drugs.
| 5 | | (3) The defendant does not demonstrate a willingness | 6 | | to participate in
a treatment program.
| 7 | | (4) The defendant has been convicted of a crime of | 8 | | violence within the
past
10 years excluding incarceration | 9 | | time. As used in this Section, "crime of violence" means: | 10 | | first
degree murder, second degree murder, predatory | 11 | | criminal sexual assault of a
child, aggravated criminal | 12 | | sexual assault, criminal sexual assault, armed
robbery, | 13 | | aggravated arson, arson, aggravated kidnaping, kidnaping, | 14 | | aggravated
battery resulting in great bodily harm or | 15 | | permanent disability, stalking,
aggravated stalking, or | 16 | | any offense
involving the discharge of a firearm.
| 17 | | (b-5) A defendant shall be excluded from a | 18 | | pre-adjudicatory drug court program if the defendant held a | 19 | | commercial driver's license, commercial learner's permit or | 20 | | was operating a commercial motor vehicle at the time of the | 21 | | arrest for a violation of Section 11-501 of the Illinois | 22 | | Vehicle Code or a similar provision of a local ordinance, but | 23 | | may participate in a post-adjudicatory drug court program. | 24 | | (c) (Blank). Notwithstanding subsection (a), the defendant | 25 | | may be admitted into a drug court program only upon the | 26 | | agreement of the prosecutor if: |
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| 1 | | (1) the defendant is charged with a Class 2 or greater | 2 | | felony violation of: | 3 | | (A) Section 401, 401.1, 405, or 405.2 of the | 4 | | Illinois Controlled Substances Act; | 5 | | (B) Section 5, 5.1, or 5.2 of the Cannabis Control | 6 | | Act; | 7 | | (C) Section 15, 20, 25, 30, 35, 40, 45, 50, 55, 56, | 8 | | or 65 of the Methamphetamine Control and Community | 9 | | Protection Act; or | 10 | | (2) the defendant has previously, on 3 or more | 11 | | occasions, either completed a drug court program, been | 12 | | discharged from a drug court program, or been terminated | 13 | | from a drug court program.
| 14 | | (Source: P.A. 99-480, eff. 9-9-15.)
| 15 | | (730 ILCS 166/35)
| 16 | | Sec. 35. Violation; termination; discharge.
| 17 | | (a) If the court finds from the evidence presented | 18 | | including but not limited
to the reports or
proffers of proof | 19 | | from the drug court professionals that:
| 20 | | (1) the defendant is not performing
satisfactorily
in | 21 | | the assigned program;
| 22 | | (2) the defendant is not benefitting from education,
| 23 | | treatment, or rehabilitation;
| 24 | | (3) the defendant has engaged in criminal
conduct
| 25 | | rendering him or her unsuitable for the program; or
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| 1 | | (4) the defendant has
otherwise
violated the terms and | 2 | | conditions of the program or his or her sentence or is
for | 3 | | any reason unable to participate;
| 4 | | the court may impose reasonable sanctions
under prior written | 5 | | agreement of the defendant, including but not limited to
| 6 | | imprisonment or dismissal of the defendant from the program | 7 | | and the court may
reinstate
criminal proceedings against him | 8 | | or her or proceed under Section 5-6-4 of the
Unified Code of | 9 | | Corrections for a violation of probation,
conditional | 10 | | discharge,
or supervision hearing. | 11 | | (a-5) A defendant who is assigned to a substance abuse | 12 | | treatment program under this Act for opioid abuse or | 13 | | dependence is not in violation of the terms or conditions of | 14 | | the program on the basis of his or her participation in | 15 | | medication assisted treatment under the care of a physician | 16 | | licensed in this State to practice medicine in all of its | 17 | | branches.
| 18 | | (b) Upon successful completion of the terms and conditions | 19 | | of the program,
the
court may dismiss the original charges | 20 | | against the defendant or successfully
terminate the | 21 | | defendant's sentence or otherwise discharge him or her from | 22 | | any
further proceedings against him or her in the original | 23 | | prosecution. | 24 | | (c) Notwithstanding any other provision of this Act to the | 25 | | contrary, the Secretary of State shall maintain, on the | 26 | | defendant's driving abstract, any conviction for a violation |
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| 1 | | of Section 11-501 of the Illinois Vehicle Code or a similar | 2 | | provision of a local ordinance that was dismissed as the | 3 | | result of successful completion of the terms and conditions of | 4 | | the program.
| 5 | | (Source: P.A. 99-554, eff. 1-1-17 .)
| 6 | | Section 99. Effective date. This Act takes effect upon | 7 | | becoming law.".
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